HomeMy WebLinkAboutSeptember 17, 2019 Agenda PacketSeptember 17, 2019 Dublin City Council Agenda Page 1 of 5
REGULAR MEETING
Tuesday, September 17, 2019
Council Chamber, 100 Civic Plaza
DUBLIN CITY COUNCIL
A G E N D A
• Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)
• Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on
the annual subscription list, please call 833-6650.
• A complete packet of information containing Staff Reports and exhibits relate to each item is available of public
review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council
members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is
available in the City Clerk’s Office and also at the Dublin Library.
CLOSED SESSION 6:30 P.M.
I. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Christopher L. Foss, City Manager
Unrepresented employees:
Accountant
Administrative Aide
Administrative Services Director/Finance Director
Administrative Technician
Assistant Civil Engineer
Assistant Director of Administrative Services/Finance
Assistant Director of Parks & Community Services
Assistant Director of Community Development
Assistant Planner
Assistant Public Works Director/City Engineer
Assistant to the City Manager
Associate Civil Engineer
Associate Planner
Budget Analyst
Capital Improvement Program Manager
Chief Building Official
City Clerk
City Clerk/Records Manager
Code Enforcement Officer
Community Development Director
Deputy City Clerk
Economic Development Director
Economic Development Director/Public Information Officer
Environmental Coordinator
Environmental Technician
Executive Aide
Finance Technician I
Finance Technician II
Financial Analyst
Graphic Design and Communications Coordinator
Heritage Center Director
Heritage & Cultural Arts Manager
Housing Specialist
September 17, 2019 Dublin City Council Agenda Page 2 of 5
Information Systems Manager
Information Systems Technician I
Information Systems Technician II
Management Analyst I
Management Analyst II
Network Systems Coordinator
Office Assistant I
Office Assistant II
Parks & Community Services Business Manager
Parks & Facilities Development Coordinator
Parks & Community Services Director
Permit Technician
Plan Check Engineer
Plans Examiner I
Plans Examiner II
Planning Manager
Principal Planner
Public Works Director/Assistant City Engineer
Public Works Inspector
Public Works Maintenance Superintendent
Public Works Manager
Public Works Technician I
Public Works Technician II
Public Works Transportation and Operations Manager
Recreation Coordinator
Recreation Manager
Recreation Supervisor
Recreation Technician
Senior Accountant
Senior Civil Engineer
Senior Code Enforcement Officer
Senior Finance Technician
Senior Management Analyst
Senior Office Assistant
Senior Planner
Senior Public Works Inspector
Special Project Manager
II. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Christopher L. Foss, City Manager
Unrepresented employees: Assistant City Manager and Human Resources Director
III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
IV. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
V. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 941-0305-028-00
Agency negotiator: Christopher L. Foss, City Manager
Negotiating parties: ASVRF Dublin Place, LP
Under negotiation: Price and terms of payment
September 17, 2019 Dublin City Council Agenda Page 3 of 5
REGULAR MEETING 7:00 P.M.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1. Recognition of Green Gator and Junior Green Gator Swim Teams
The City Council will present a certificate of recognition and waterpark admission passes to
the Dublin Green Gator and Junior Green Gator Swim Teams in recognition of their
successful 2019 swim season.
STAFF RECOMMENDATION:
Present the Certificate of Recognition.
3.2. Presentation by Diversity Inclusion Alliance
The City Council will receive a presentation from the Diversity Inclusion Alliance regarding
their efforts in Dublin.
STAFF RECOMMENDATION:
Receive the presentation.
3.3. Employee Introduction: Christian Kalinowski
New City of Dublin Staff member, Christian Kalinowski, Associate Civil Engineer with
Public Works, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
3.4. Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and
clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. Approval of the September 3, 2019 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the September 3, 2019 Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the September 3, 2019 Regular City Council meeting.
4.2. Agreement with Precision Emprise LLC for Sidewalk Inspection and Repair Services
The City Council will consider an agreement with Precision Emprise LLC, dba Precision Concrete
Cutting, for sidewalk inspection services and minor sidewalk repair throughout the City.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Precision Emprise LLC for Sidewalk
Inspection and Repair Services.
4.3. Amendment to the Agreement with All City Management Services, Inc.
The City Council will consider an Amendment to the Agreement for crossing guard services
with All City Management Services Inc.
September 17, 2019 Dublin City Council Agenda Page 4 of 5
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Amendment to the Agreement with All City
Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year
2019-20.
4.4. Dog Park Art Replacement Approval
The City Council will consider adopting a Resolution approving replacement art at
Dougherty Hills Dog Park with Tellart.
STAFF RECOMMENDATION:
Approve the Resolution Approving an Agreement with Tellart for Replacement Public Art at
Dougherty Hills Dog Park.
4.5. Reducing the Second Unit Fee in the Tri-Valley Transportation Development Fee
Program to $0.
As recommended by the Tri Valley Transportation Commission, and consistent with the Tri-
Valley Cities Housing and Policy Framework, the City Council will consider reducing the
Tri-Valley Transportation Development Fee for Second Units (also known as Accessory
Dwelling Units or Secondary Dwelling Units) from $3,203.48 to $0.
STAFF RECOMMENDATION:
Adopt the Resolution Reducing the Second Unit Fee in the Tri-Valley Transportation
Development Fee Program to $0.
4.6. Payment Issuance Report and Electronic Funds Transfers
The City Council will receive a listing of payments issued from August 1, 2019 – August 31,
2019 totaling $13,068,113.77.
STAFF RECOMMENDATION:
Receive the report.
4.7. Annual Review of City’s Investment Policy
The City Council will review the City’s Investment Policy (Policy), including three changes
proposed this year to align the Policy with the California Government Code. The City
Council will also confirm the designated positions authorized to complete investment
transactions. While not required by statute, annual review of a local agency’s investment
policy is recommended by the California Debt and Investment Advisory Commission and is
included as a requirement in the City Policy.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the 2019 Annual Review of Investment Policy and
Delegation of Authority to Complete Investment Transactions.
4.8. 2019 Development Agreement Review
The City Council will receive a report on the annual review of active Development
Agreements. Development Agreements are reviewed annually to ensure compliance with the
terms and provisions of the Agreements pursuant to the California Government Code,
Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code.
STAFF RECOMMENDATION:
Adopt the Resolution Finding that Developers Having Obligations Under Active
Development Agreements and Supplemental Agreements as Amended, Have Complied in
Good Faith with the Terms and Provisions of the Agreements.
4.9. Revisions to the Personnel System
The City Council will consider proposed changes to the City’s current Personnel System.
The proposed adjustments are based on the need revise the City’s Personnel Rules and
Benefit Plan.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Benefit Plan and adopt the Resolution Amending the
Personnel Rules.
September 17, 2019 Dublin City Council Agenda Page 5 of 5
5.WRITTEN COMMUNICATION – NONE.
6.PUBLIC HEARING – NONE.
7.UNFINISHED BUSINESS – NONE.
8.NEW BUSINESS
8.1. Discussion on the City of Dublin's Sister City Activities
The City Council will consider providing a one-time contribution to the Dublin Sister City
Association in support of the Green & White Gala event in 2020, consider the Mayor
traveling to Ireland at the invitation of the Wicklow County Council, and receive a report on
the City's participation in Sister Cities International.
STAFF RECOMMENDATION:
1) Receive a brief presentation from the Dublin Sister City Association (DSCA); 2) Discuss
and consider a one-time only contribution to DSCA of $5,000 towards the Green & White
Gala in March, 2020; 3) Discuss and consider the Mayor traveling to Bray, Ireland in 2019 to
participate in a planning meeting to discuss a visit by a City of Dublin delegation to Bray,
Ireland in 2020; and, 4) Receive a report on the City's participation in Sister Cities
International.
8.2. Update on Dublin's Economic Development Activities
The City Council will receive a brief update on economic development activities.
STAFF RECOMMENDATION:
Receive the presentation.
9.OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports
and reports by City Council related to meetings attended at City expense (AB1234).
10.ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a
request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650
at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Recognition of Green Gator and Junior Green Gator Swim Teams
Prepared by: Bridget Amaya, Assitant Parks and Community Services
Director
EXECUTIVE SUMMARY:
The City Council will present a certificate of recognition and waterpark admission
passes to the Dublin Green Gator and Junior Green Gator Swim Teams in recognition
of their successful 2019 swim season.
STAFF RECOMMENDATION:
Present the Certificate of Recognition.
FINANCIAL IMPACT:
The costs of The Wave Waterpark passes will be absorbed in the current approved
budget.
DESCRIPTION:
This year marks the 30th anniversary of the Dublin Green Gators, the City’s own
competitive swim team. The Green Gators were founded in 1989 after the City took
over the operation of the Dublin Swim Center from the Dublin San Ramon Services
District.
The season concluded on July 20, 2019 at the Tri-Valley Swim League Championship
Swim Meet at Las Positas College where the Green Gators successfully defended their
fifth consecutive championship title. This win capped an undefeated dual meet season
and also extended their undefeated record to 38 consecutive dua l meet wins over the
last five seasons.
The Junior Green Gator Swim Team also had another successful year. The Junior
Gators is a non-competitive companion program to the Green Gators swim program that
practices three days per week with two exhibition swim meets each season to track
3.1
Packet Pg. 6
Page 2 of 2
individual participant progress. The final meet of the season for the Junior Green Gators
was held on July 26, 2019 at The Wave.
In keeping with last year, Staff is recommending the City Council present the certificate
of recognition and the participants will each receive a one-day pass for use during the
next waterpark season at The Wave.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not applicable.
ATTACHMENTS:
None.
3.1
Packet Pg. 7
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Presentation by Diversity Inclusion Alliance
Prepared by: Linda Smith, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will receive a presentation from the Diversity Inclusion Alliance
regarding their efforts in Dublin.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Representatives of the Diversity Inclusion Alliance will be making a presentation on their
organization and its efforts. The City Council requested this presentation at their May
21, 2019 meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
3.2
Packet Pg. 8
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Employee Introduction: Christian Kalinowski
Prepared by: Andrew Russell, Public Works Director
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Christian Kalinowski, Associate Civil Engineer with
Public Works, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
New City of Dublin Staff member, Christian Kalinowski, Associate Civil Engineer with
Public Works, will be introduced to the City Council.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
3.3
Packet Pg. 9
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of the September 3, 2019 Regular City Council Meeting Minutes
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the September 3, 2019
Regular City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the September 3, 2019 Regular City Counc il meeting.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
The City Council will consider approval of the minutes of the September 3, 2019
Regular City Council meeting.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Draft Minutes of the September 3, 2019 Regular City Council Meeting
4.1
Packet Pg. 10
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – SEPTEMBER 3, 2019
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
SEPTEMBER 3, 2019
1. Call to Order – The meeting was called to order at 7:00 p.m. by Vice Mayor Hernandez.
Attendee Name Title Status
David Haubert Mayor Absent
Melissa Hernandez Vice Mayor Present
Arun Goel Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present (arrived at 7:23 pm)
2. Pledge of Allegiance – The pledge was recited by the City Council, Staff, and those
present at the meeting.
3. Oral Communications
3.1. Constitution Week 2019
Debbie Janes, member of the Daughters of the American Revolution, made a
presentation.
The City Council proclaimed September 17-23, 2019 as Constitution Week.
3.2. Public Comment
No public comments were made.
4. Consent Calendar
Item 4.5 was continued to a future meeting.
The City Attorney made an announcement, as required by State Law, related to Item
4.8, which stated that the City Manager’s contract amendment will increase his base
salary by one percent; grant a one-time general leave of 70 hours; and increase the
general leave cap from 600 hours to 700 hours.
4.1. Approved the minutes of the August 20, 2019 Special and Regular City Council
meetings.
4.1.a
Packet Pg. 11 Attachment: 1. Draft Minutes of the September 3, 2019 Regular City Council Meeting (Draft Minutes of the September 3, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
SEPTEMBER 3, 2019
4.2. Waived the second reading and adopted
ORDINANCE NO. 09 – 19
ADDING CHAPTER 5.34 (DISPOSABLE FOOD SERVICEWARE) TO TITLE 5
(PUBLIC WELFARE) OF THE DUBLIN MUNICIPAL CODE
4.3. Proclaimed the week of September 30, 2019 through October 4, 2019 as “Walk
and Roll to School Week” in the City of Dublin.
4.4. Adopted
RESOLUTION NO. 91 – 19
APPROVING AMENDMENT #1 TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND RINCON CONSULTANTS, INC.
4.6. Waived the reading and adopted
ORDINANCE NO. 10 – 19
TO ESTABLISH RIGHT-OF-WAY LINES FOR DUBLIN BOULEVARD BETWEEN
FALLON ROAD AND THE EASTERN CITY LIMIT
4.7. Adopted
RESOLUTION NO. 92 – 19
REQUESTING CALTRANS UPDATE THE CITY OF DUBLIN POPULATION
ON CITY LIMIT SIGNS LOCATED ON FREEWAYS
4.8. Ratified Fifth Amendment to City Manager’s Employment Agreement and ratified
the Resolution Amending the Salary Plan.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Arun Goel, Councilmember
AYES: Melissa Hernandez, Arun Goel, Jean Josey
ABSENT: David Haubert, Shawn Kumagai
5. Written Communication – None.
6. Public Hearing – None.
4.1.a
Packet Pg. 12 Attachment: 1. Draft Minutes of the September 3, 2019 Regular City Council Meeting (Draft Minutes of the September 3, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
SEPTEMBER 3, 2019
7. Unfinished Business – None.
8. New Business
8.1. Informational Report on the Dublin Transit Center
The City Council received the presentation.
9. Other Business – Brief information only reports from City Council and/or Staff,
including committee reports and reports by City Council related to meetings attended at
City expense (AB1234).
By consensus, the City Council directed Staff to schedule a strategic planning meeting
for a tentative date of Saturday, November 2, 2019.
10. Adjournment
The meeting was adjourned at 7:31 p.m. in honor of Staff Sgt. Sean Diamond and all of
our fallen troops.
Mayor Pro Tem
ATTEST:
___________________________
City Clerk
4.1.a
Packet Pg. 13 Attachment: 1. Draft Minutes of the September 3, 2019 Regular City Council Meeting (Draft Minutes of the September 3, 2019 Regular Meeting)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with Precision Emprise LLC for Sidewalk Inspection and
Repair Services
Prepared by: Dean McDonald, Public Works Maintenance Superintendent
EXECUTIVE SUMMARY:
The City Council will consider an agreement with Precision Emprise LLC, dba Precision
Concrete Cutting, for sidewalk inspection services and minor sidewalk repair throughout
the City.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Precision Emprise LLC for
Sidewalk Inspection and Repair Services.
FINANCIAL IMPACT:
The total cost of services to be performed is $250,000 per year. The total not-to-exceed
amount of the agreement is $1,000,000 for the four-year agreement term. Sufficient
budget is available in the Citywide Bicycle and Pedestrian Improvements project (CIP
No. ST0517), funded by the General Fund, Measure B Fund, and Measure BB Fund, to
cover the annual expenditures through Fiscal Year 2022-23. Funding for the proposed
agreement is provided by the Citywide Bicycle and Pedestrian Improvements project
(CIP No. ST0517). Sufficient funding is available in the approved 2018-2023 Capital
Improvement Program project budget to approve the agreement for Fiscal Year 2019-20
services. For future budget years, Staff will request budget appropriation as part of the
Capital Improvement Program budget process.
DESCRIPTION:
The City of Dublin has over 150 centerline miles of public streets, most of which include
concrete sidewalks. In addition, the City has paved walkways and paths at City
buildings and parks. Over time, sidewalks, walkways, and paths can become damaged
or displaced, which can result in a barrier to accessibility and may result in damage or
injury to users.
Additionally, the City of Dublin has over 3,200 locations where curb ramps exist, or
Page 2 of 3
where curb ramps should exist. Where curb ramps do not exist, or where they exist but
are not built to the current standards of the Americans with Disabilities Act (ADA), are
locations that are a barrier to accessibility. All newly constructed or altered streets
require curb ramps that meet current standards.
Common damage to concrete walking surfaces is uplift caused by the growth of
adjacent trees and settlement caused by failure of the underlying soil. In such cases,
the result may be complete walkway failure with multiple cracks in the concrete. In such
cases, removal and replacement of the walkway is required.
In cases of less extensive damage, the walkway may have vertical offsets at a joint,
which results in an uneven surface for those walking or riding a bicycle. Larger offsets
can also present a tripping hazard. If the offset is less than two inches, the walkway
surface can be repaired by saw cutting the concrete at an angle to illuminate the vertical
offset. The City has repaired such offsets using this saw cutting technique on
sidewalks, around buildings, and in parks. Saw cutting results in a walkway surface that
complies with the ADA and it costs eight to ten times less than removing and replacing
the walkway.
In order to better understand and quantify the state of the City’s sidewalks, walkways,
and curb ramps, Public Works issued a request for proposals (RFP) for a citywide
sidewalk inspection and repair services project. The sidewalk inspection also includes
inspection of curb ramps at street intersections. The goal of the project is to improve
accessibility on City streets and at City facilities through a comprehensive inspection
and reporting program, as well as completing repair of walkway offsets by saw cutting.
Damaged walkways that cannot be repaired by saw cutting and locations of non-
existent or non-compliant curb ramps will be mapped with GPS coordinates, quantified,
and schedule for repair by a competitively bid construction contract. Locations of
repairs by saw cutting, locations where sidewalk needs replacement, and locations of
curb ramps will be photographed and geo-tagged, which will allow for integration with
the City’s Geographic Information System.
The RFP was posted on the City’s website for three weeks and Precision Concrete
Cutting was the only company to submit a proposal. Precision Concrete Cutting has
worked in northern California since 2003 and has completed sidewalk inspection and
repairs for the City in the past. Staff recommends Council approve the agreement with
Precision Concrete Cutting for the citywide sidewalk inspection and repair services
project.
The number of offsets that can be repaired is unknown until such time that the
walkways can be inspected. As such, the RFP required unit costs per linear foot for
different offset repair heights and for walkway inspection/reporting. Given the quantity
of sidewalks and walkways within the City, staff estimated that all public streets, City
parks, and City buildings could be inspected and that all offsets between one-half inch
and two inches could be repaired for a not-to-exceed cost of $1,000,000. Staff
recommends a four-year project, with planned expenditures of $250,000 per year,
funded by the Capital Improvement Program (CIP), Citywide Bicycle and Pedestrian
Improvements project (CIP ST0517).
Page 3 of 3
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Precision Emprise LLC dba Precision Concrete
Cutting.
ATTACHMENTS:
1. Resolution Approving a Contractor Services Agreement with Precision Emprise LLC
DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services
2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete
Cutting
RESOLUTION NO. XX- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A CONTRACTOR SERVICES AGREEMENT WITH PRECISION
EMPRISE LLC DBA PRECISION CONCRETE CUTTING FOR SIDEWALK
INSPECTION AND REPAIR SERVICES
WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for
Sidewalk Inspection and Repair Services; and
WHEREAS, the City of Dublin received one proposal from Emprise LLC, dba
Precision Concrete Cutting, in response to the RFP; and
WHEREAS, Staff reviewed the proposal and recommends Emprise LLC, dba
Precision Concrete Cutting, as qualified to perform the Sidewalk Inspection and Repair
Services; and
WHERAS, City of Dublin wishes to enter into an Agreement with Precision
Emprise LLC, dba Precision Concrete Cutting, and the term of the Agreement shall end
on June 30, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve a Contractor Services Agreement with Emprise LLC, dba
Precision Concrete Cutting, as attached hereto as Exhibit “A” to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized
to execute the Agreement, attached hereto as Exhibit "A".
PASSED, APPROVED AND ADOPTED this 17th day of September, 2019, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
4.2.a
Packet Pg. 17 Attachment: 1. Resolution Approving a Contractor Services Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for
ATTEST:
_______________________________________
City Clerk
4.2.a
Packet Pg. 18 Attachment: 1. Resolution Approving a Contractor Services Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND PRECISION EMPRISE LLC
OBA PRECISION CONCRETE CUTTING
THIS AGREEMENT for sidewalk inspection and repair services is made by and between the City of
Dublin ("City") and Precision Emprise, LLC dba Precision Concrete Cutting ("Contractor") (together
sometimes referred to as the "Parties") as of September 18, 2019 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2023, the date of completion specified in Exhibit A, and Contractor shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Contractor to complete the services required by this Agreement shall not affect
the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor for the provision of the serves described in Exhibit A does not increase. None of
the foregoing shall affect the City's right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Contractor's obligations hereunder.
1.5 Public Works Contractor Registration. Because the services described in Exhibit A
include "work performed during the design and preconstruction phases of construction
including, but not limited to, inspection and land surveying work," the services constitute a
public works within the definition of Section 1720(a)(1) of the California Labor Code. As a
result, Contractor is required to comply with the provisions of the California Labor Code
applicable to public works, to the. extent set forth in Exhibit C.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 1 of 15
EXHIBIT A 4.2.b
Packet Pg. 19 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section
1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Contractor agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed ONE
MILLION DOLLARS ($1,000,000) notwithstanding any contrary indications that may be contained in
Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A,
regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Contractor for services rendered pursuant to this
Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by
more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■The beginning and ending dates of the billing period;
Services Agreement between September 18, 2019
Page 2 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A 4.2.b
Packet Pg. 20 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
2.2
2.3
2.4
•A Task Summary containing the original contract amount, the amount of prior billings,the total due this period, the balance available under the Agreement, and thepercentage of completion;
•A copy of the applicable time entries or time sheets shall be submitted showing thefollowing:
o Daily logs of total hours worked by each individual performing work underthis Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be loggedby project assignmentoA brief description of the work, and each reimbursable expense
•The total number of hours of work performed under the Agreement by Contractor andeach employee, agent, and subcontractor of Contractor performing serviceshereunder;
•The Contractor's signature;
•Contractor shall give separate notice to the City when the total number of hoursworked by Contractor and any individual employee, agent, or subcontractor ofContractor reaches or exceeds 800 hours within a 12-month period under thisAgreement and any other agreement between Contractor and City. Such notice shallinclude an estimate of the time necessary to complete work described in Exhibit A andthe estimate of time necessary to complete work under any other agreement betweenContractor and City, if applicable.
Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.
Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
Services Agreement between September 18, 2019 Page 3 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A 4.2.b
Packet Pg. 21 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
·authorization from the Contract Administrator.
2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City
within the time limits established in Subsection 1.2 of this Agreement shall result in
liquidated damages as set forth in Exhibit A.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed· herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 4 of 15
EXHIBIT A 4.2.b
Packet Pg. 22 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
. services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 5 of 15
EXHIBIT A 4.2.b
Packet Pg. 23 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS
AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self
insurance program to meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the California Labor Code shall be solely in
the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a.Certificate of Workers' Compensation Insurance in the amounts specified
in the section; and
b.Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 6 of 15
EXHIBIT A 4.2.b
Packet Pg. 24 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence" basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a.The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b.City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c.Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d.For any claims related to this Agreement or the work hereunder, the
Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b.Additional Insured Endorsement as required by the section;
c.Waiver of Subrogation Endorsement as required by the section; and
d.Primary Insurance Endorsement as required by the section.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 7 of 15
EXHIBIT A 4.2.b
Packet Pg. 25 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
4.3
4.4
All Policies Requirements.
4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting"
policy limit (i.e. limit that is eroded by the cost of defense).
4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days' prior written notice has been provided to the City.
4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
•Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Services Agreement between September 18, 2019
Page 8 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A 4.2.b
Packet Pg. 26 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
•Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
•Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials,
employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses,
and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively,
"Liability") of every nature arising out of or in connection with Contractor's performance of the Services or
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by
the active negligence or willful misconduct of City.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the City, may be retained by the City until
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
I In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6.
6.1
STATUS OF CONTRACTOR.
Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor
and any of its employees, agents, and subcontractors providing services under this
Services Agreement between September 18, 2019
Page 9 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A 4.2.b
Packet Pg. 27 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
6.2
Section 7.
7.1
7.2
7.3
7.4
7.5
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
·all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such tis.cal assistance program.
Licenses and Permits. Contractor represents and warrants to City that Contractor and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective
professions. Contractor represents and warrants to City that Contractor and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a "Protected Characteristic"), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Contractor under this Agreement.
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Services Agreement between September 18, 2019
Page 10 of 15 City of Dublin and Precision Concrete Cutting
EXHIBIT A 4.2.b
Packet Pg. 28 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
Section 8.
8.1
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause upon written
notification to Contractor.
Contractor may cancel this Agreement upon 30 days' written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 11 of 15
EXHIBIT A 4.2.b
Packet Pg. 29 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contracto'r the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Contractor's Books and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546. 7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 12 of 15
EXHIBIT A 4.2.b
Packet Pg. 30 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an
employee, agent, appointee, or official of the City. If Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal
prosecution for a violation of California Government Code Section 1090 et seq., and, if
applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 13 of 15
EXHIBIT A 4.2.b
Packet Pg. 31 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
10.9 Notices. Any written notice to Contractor shall be sent to:
Precision Concrete·Cutting
Attn: Joseph Ortega
335 Beach Road
Burlingame, CA 94030
Any written notice to City shall be sent to:
City of Dublin
Att: Lowell Dean McDonald
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A B, C and D represents the entire and integrated
agreement between City and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Scope of Services
Compensation Schedule & Reimbursable Expenses
California Labor Code Section 1720 Information
Conflict of Interest Statement
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Page 14 of 15
EXHIBIT A 4.2.b
Packet Pg. 32 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN
Christopher L. Foss, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
3070365.1
Services Agreement between
City of Dublin and Precision Concrete Cutting
ontractor's DIR Registration Number
(if applicable)
September 18, 2019
Page 15 of 15
EXHIBIT A 4.2.b
Packet Pg. 33 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
EXHIBIT A
SCOPE OF SERVICES
The scope of services required to assist the City include; but are not limited to: inspection, reporting, and
minor concrete repair/maintenance services on City-owned public sidewalks within the designated service
areas including city facilities and parks as listed below. All work shall be done in accordance with Americans
with Disabilities Act (ADA) standards.
Contractor agrees to the following terms:
1.Contractor to provide concrete inspection services for designated City-owned public sidewalks to
include; location of offset, before photos, complete measurements of offset, and photo of repaired
offset. This information shall be provided as a report to the City in a format that is compatible with
the City's Geographic Information System (GIS) software (Esri Shapefile or Esri GeoDatabase).
2.Contractor to provide the City with a list of grind or shave locations. Contractor to provide minor
concrete repair/maintenance services as needed and determined by the Public Works Maintenance
Superintendent or their designee.
3.Contractor shall furnish all labor, materials and equipment necessary to complete tasks.
4.Contractor shall remove and dispose of existing temporary ramps at no extra charge.
5.Contractor shall provide dust control by use of high efficiency vacuum attachment secured to the
portion of the cutting or shaving machine.
6.Contractor shall collect, remove and dispose of all remove and replace material, cutting or shaving
residue at no additional cost.
7.Contractor shall install traffic controls, as required, in compliance with the most recent adopted
California Manual on Uniform Traffic Control Devices (CA MUTCD).
8.No work shall commence under this contract without prior written notification from Public Works
Maintenance Superintendent, or their designee.
9.Contractor shall adhere to all National Pollutant Discharge Elimination System (NPDES) Stormwater
best management practices (BMPs). Refer to the attached "Construction Phase Stormwater BMPs"
document for a partial list of BMPs.
10.On-Call response time: Contractor shall mobilize within 48-hours, providing the necessary workforce
and equipment, when requested by the City to inspect and repair by concrete cutting the offset or
damaged sidewalk. If concrete cutting is not a feasible repair option, Contractor shall provide the
City with an inspection report that includes recommended repair methods and associated costs.
City Facilities and Parks
Facility
City Hall
Library
Public Safety Complex
Shannon Center & Park
Senior Center
Services Agreement between
City of Dublin and Precision Concrete Cutting
Address
100 Civic Plaza
200 Civic Plaza
6363 Clark Avenue*
11600 Shannon Avenue
7600 Amador Valley Boulevard
September 18, 2019
Exhibit A -Page 1 of 4 ·
EXHIBIT A 4.2.b
Packet Pg. 34 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
Heritage Park & Museum (Old St. Raymond Church & 6600 Donlon Way Schoolhouse)
Historic Park (Kolb House) 6600 Donlon Way
The WAVE 4201 Central Parkway
City Corporation Yard 5709 Scarlett Court
Fire Station 16 7 494 Donohue Drive
Fire Station 17 6700 Madigan Drive
Fire Station 18 4800 Fallon Road
Emerald Glen Park 4100 Gleason Drive
Jordan Ranch Park 4299 Jordan Ranch Drive
Passatempo Park 3200 Palermo Way
Kolb Park 7 416 Brighton Drive
Alamo Creek Park 7601 Shady Creek Road
Bray Commons 3300 Finnian Way
Devany Square 4405 Chancery Lane
Stagecoach Park 7550 Stagecoach Road
Dublin Historic Park 11759 Dublin Boulevard
Ted Fairfield Park 3550 Antone Way
Dougherty Hills Dog Park 7157 Stagecoach Road
Mape Memorial Park 11711 Plata Way
Pi�zza Sorrento 3600 Palermo Way
Dolan Park 11651 Padre Way
Schaefer Ranch Park 9595 Dublin Boulevard
Positano Hills Park 2301 Valentano Drive
Fallon Sports Park 4233 Fallon Road
Dublin Sports Grounds 6700 Dublin Boulevard
Sean Diamond Park 4801 La Strada Drive
*Start date to be determined by Public Works Maintenance Superintendent, or their designee.
Agreement will allow for additional facilities to be added and approved by the Public Works Maintenance
Superintendent, or their designee. In addition, Public Works Maintenance Superintendent, or their
designee may approve additional unforeseen services on top of items approved in this Agreement.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit A -Page 2 of 4
EXHIBIT A 4.2.b
Packet Pg. 35 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
Construction Phase Stormwater BMPS
The National Pollutant Discharge Elimination system (NPDES) stormwater permit
mandates that the following best management practices (BMPs) are implemented to
control pollutant discharges from all project sites. It is illegal to dispose of anything in
the storm drain. Call 9-1-1 if an illegal discharge is witnessed. Remember "only rain
down the storm drain."
Genera I Practices
□Store materials under cover, protected from rainfall and runoff.
□Use tarps on the ground to collect fallen debris or splatters.
□Pick up litter and other wastes daily from outside areas including from storm drain
inlet grates.
□Avoid outdoor work during wet or windy weather.
Spill 1>revention and control
□Never wash spilled material into a gutter, street, storm drain, or creek!
□Keep a stockpile of spill cleanup materials (rags, absorbents, etc.) available at the
construction site at all times.
□Clean up leaks, drips and other spills using dry methods (with absorbent materials)
immediately so that they do not contaminate soil or groundwater or leave residue on
paved surfaces.
□Use a 3 step process if wet cleaning is required for small spills: 1) soak up with rags,
2)use absorbents, and 3) mop and collect water to dispose of in an indoor drain. All
hazardous materials should be taken to the Household Hazardous Waste facility.
□Report any hazardous materials spills immediately! Dial 9-1-1 or your local
emergency response number.
Washing & Cleanup
□Collect all wash water and discharge to an indoor sanitary sewer drain.
□Wash equipment/vehicles in a designated and/or covered area where the wash water
is collected to be recycled or discharged to the sanitary sewer. Contact Dublin San
Ramon Services District (DSRSD, www.dsrsd.com) for discharge requirements.
□When stripping or cleaning building exteriors with high-pressure water, block storm
drains. Collect the water for disposal to the sanitary sewer (contact Dublin San
Ramon Services District for discharge/connection requirements) or direct water into a
nearby landscape area. Go to the Bay Area Stormwater Management Agencies
Association website (www.basmaa.org) to become or find a certified mobile cleaner.
Saw cutting
□Completely cover or barricade storm drain inlets when saw cutting. Use sand bags or
berms to keep slurry out of the storm drain system. Shovel, or wet/dry vacuum
saw-cut slurry and pick up all waste as soon as you are finished or at the end of each
work day (whichever is sooner!).
Ciry of Dublin Environmemal Se/Vices Division DSRSD
925-833-6630 I es@dublin.ca.gov 925-828-0515
Services Agreement between
City of Dublin and Precision Concrete Cutting
Household Hazardous Wasre
1 800 606-6606
September 18, 2019
Exhibit A-Page 3 of 4
EXHIBIT A 4.2.b
Packet Pg. 36 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
Concrete, grout, and mortar storage & disposal
□Store concrete, grout, and mortar under cover and away from drainage areas.
Secure bags of cement after they are opened. Keep wind-blown cement powder
away from gutters, storm drains, and rainfall.
□Divert water from washing exposed aggregate concrete to a dirt area where it will not nm into a gutter, street, or storm drain.
□Wash out concrete mixers in designated water-tight wash-out areas in your
company's yard. At the construction site, recycle washout by pumping back into
mixers for reuse; recycle or properly dispose of concrete remaining in chute.
Painting
□For oil-based paints, paint out brushes as much as possible. Filter paint thinners and
solvents for reuse whenever possible. Dispose of oil-based paint sludge, unusable
thinner and leftover paint at the Household Hazardous Waste Facility
(www .stopwaste.org/recycling/residents/household-hazardous-waste).
□For water-based paints, paint out brushes as much as possible, then rinse in a sink.
Empty cans, rags, and brushes used with water-based paints can be disposed of in
the trash.
Erosion Control
□Keep excavated soil on the site where it is least likely to collect in the street.
Transfer to dump trucks should take place on the site, not in the street.
□Use fiber rolls, silt fences, or other control measures to minimize the flow of silt off
the site.
□Avoid scheduling earth moving activities during the rainy season if possible. If
grading activities during wet weather are allowed in your permit, be sure to
implement all control measures necessary to prevent erosion.
□Minimize disturbance to existing vegetation whenever possible. Mature vegetation is
the best form of erosion control.
□Prevent erosion by securing the soil with erosion control fabric, or seed with fast
growing grasses as soon as possible. Place fiber rolls down-slope until soil is secure.
Some applicable permits include but are not limited to:
✓Accessory Structure ✓Pool and Spa
✓Bathroom or Kitchen Remodel ✓Residential Addition
✓Encroachment ✓Structural Pest Permit
✓Fence ✓Tenant Improvement
Cily of Dubli11 E11viro11111emal Services Division DSRSD
925-833-6630 I es@dublin.ca.gov 925-828-0515
Services Agreement between
City of Dublin and Precision Concrete Cutting
Household Hazardous Wasre
1 800 606-6606
September 18, 2019
Exhibit A -Page 4 of 4
EXHIBIT A 4.2.b
Packet Pg. 37 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Cutting or Shave Height Unit Cost Per Linear Foot
0-0.5 $8.00 per linear foot
>0.5-1.0 $21.50 per linear foot
>1.0-1.5 $18.50 per linear foot
>1.5-1.75 $1.00 per linear foot
>1.75-2.0 $2.00 per linear foot
Inspection Services & GIS Report $0.10 per linear foot (Approx. 256 curb miles)
Please note, reimbursable expenses are built into rates as identified above.
Contractor shall submit to the City any proposed increases to costs no later than 60 days prior to the start of
a new Fiscal Year (July 1 -June 30). Any changes to costs shall be approved in writing by the Public Works
Maintenance Superintendent, or their designee. Any such increase shall be calculated based on the
Consumer Price Index for All Urban Consumers (CPI-U) and shall not exceed 3%.
Annual estimated costs are as follows:
Year 1*
Year 2
Year3
Year4
Total NTE
$250,000
$250,000
$250,000
$250,000
$1,000,000
*Includes cost for initial Inspection Services & GIS Report.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as
work is completed. Invoices shall be submitted for services rendered from the first to the last day of each
month.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit B -Page 1 of 1
EXHIBIT A 4.2.b
Packet Pg. 38 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A.In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day's work under this contract.
B.In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C.The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A.In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Contractor and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services or work.
B.In accordance with California Labor Code Section 1775, the Contractor and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes penalties per day for each worker engaged in the
performance of the services described in Exhibit A that the Contractor or any subcontractor pays
less than the specified prevailing wage. The amount of such penalty shall be determined by the
Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or
the previous record of the Contractor or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit C -Page 1 of 3
EXHIBIT A 4.2.b
Packet Pg. 39 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
obligations under the California Labor Code. The Contractor or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable
for any penalties therefore unless the Contractor had knowledge of that failure or unless the
Contractor fails to comply with all of the following requirements:
1.The contract executed between the Contractor and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2.The Contractor shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor's certified payroll
records.
3.Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages, the Contractor shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4.Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C.In accordance with California Labor Code Section 1776, the Contractor and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verifi$d by a written declaration that it is made
under penalty of perjury, stating both of the following:
1.The information contained in the payroll record is true and correct.
2.The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer's employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and sent directly to the Labor Commissioner, and available for inspection by the Owner and its
authorized representatives, the Division of Labor Standards Enforcement, the Division of
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit C -Page 2 of 3
EXHIBIT A 4.2.b
Packet Pg. 40 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be
available for inspection in accordance with California Labor Code Section 1776.
D.In accordance with California Labor Code .Section 1777.5, the Contractor, on behalf of the
Contractor and any subcontractors engaged in performance of the services described in Exhibit
6,, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E.In case it becomes necessary for the Contractor or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Contractor or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit C -Page 3 of 3
EXHIBIT A 4.2.b
Packet Pg. 41 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin's Conflict of Interest requirements as specified in
the City's RFP.
Consultant is not aware of any recent, current or anticipated contractual obligations which will pose a potential
conflict of interest with the work on this project. Consultant agrees that, for the term of this agreement, no
member, officer ·or employee of the City of Dublin, or a public body within Alameda County or member of
delegate to the Congress of the United States, during his/her tenure of for one year thereafter, shall have any
direct interest in the contacts or any direct or material benefit arising therefrom.
Services Agreement between
City of Dublin and Precision Concrete Cutting
September 18, 2019
Exhibit D -Page 1 of 1
EXHIBIT A 4.2.b
Packet Pg. 42 Attachment: 2. Exhibit A to the Resolution - Contractor Services Agreement with Precision Concrete Cutting (Sidewalk Inspection and Repair
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Amendment to the Agreement with All City Management Services, Inc.
Prepared by: Nate Schmidt, Captain Dublin Police Services
EXECUTIVE SUMMARY:
The City Council will consider an Amendment to the Agreement for crossing guard
services with All City Management Services Inc.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Amendment to the Agreement with All City
Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year
2019-20.
FINANCIAL IMPACT:
The Amendment to the Agreement with All City Management Services, Inc., provides for
the addition of one crossing guard for Fiscal Year 2019-20. The associated cost for the
additional crossing guard is $15,559.20. This amount will be reimbursed by Dublin
Unified School District as part of a reimbursement agreement between the City and the
District. Therefore, there will be no financial impact to the City.
DESCRIPTION:
On May 7, 2019, City Council approved an agreement for crossing guard services with
All City Management Services, Inc. for Fiscal Year 2019-20 at a cost of $219,471.16.
Over the summer, the City received a request for an additional crossing guard from the
Dublin Unified School District for Fallon Middle School with the District agreeing to pay
for the cost of the crossing guard. The City and the District already have an existing
reimbursement agreement in place for such requests and have noted the change as an
amendment to the existing reimbursement agreement which is executed by the City
Manager and the Superintendent. The addition of one crossing guard will allow for up
to 15 crossing guard locations, as well as summer school coverage at one elementary
school site. The addition of this crossing guard will increase the cost of the agreement
with All City Management Services Inc., by $15,559.20 and will require an amendment
4.3
Packet Pg. 43
Page 2 of 2
to the contract with the contractor.
All City Management Services, Inc., has submitted a proposal outlining the services in
the amended agreement. The following table summarizes those changes:
FY 2019-2020 FY 2019-2020 Change
(Amended)
Service Hours 10,156 10,876 180
Hourly Rate $21.61 $21.61 No Change
Total $219,471.16 $235,030.36 $15,559.20
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving the Amendment with All City Management Services, Inc. fo r
the Provision of Crossing Guard Services for Fiscal Year 2019 -20
2. Exhibit A to the Resolution - Amendment to the Agreement with All City Management
Services, Inc. for Crossing Guard Services
4.3
Packet Pg. 44
ATTACHMENT 1
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING THE AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT
SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES
FOR FISCAL YEAR 2019-20
WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of
schoolchildren crossing streets; and
WHEREAS, the City of Dublin wishes to continue to contract with the firm All City
Management Services, Inc. to provide crossing guard services for Fiscal Year 2019-20; and
WHEREAS, on May 7, 2019, City Council approved the Agreement with All City Management
Services to provide crossing guard services at fourteen (14) locations and one (1) summer school
location; and
WHEREAS, subsequent to that date, the Dublin Unified School District requested an
additional crossing for Fallon Middle School which would be paid for by the District as part of an
reimbursement agreement with the City; and
WHEREAS, the addition of one (1) additional crossin g guard requires an Amendment to the
Agreement with All City Management Services to cover the additional expense incurred by the City
but reimbursed by the District.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the Amendment to the Agreement (attached hereto as Exhibit A) with All City Management
Services, Inc.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement.
PASSED, APPROVED AND ADOPTED this 17th day of September, 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
4.3.a
Packet Pg. 45 Attachment: 1. Resolution Approving the Amendment with All City Management Services, Inc. for the Provision of Crossing Guard Services for
ATTACHMENT 1
City Clerk
4.3.a
Packet Pg. 46 Attachment: 1. Resolution Approving the Amendment with All City Management Services, Inc. for the Provision of Crossing Guard Services for
AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES INC.
WHEREAS, on July 1, 2019 the City of Dublin (hereinafter referred to as
"CITY") and All City Management Services Inc. (hereinafter referred to as
"CONTRACTOR" entered into a Contracting Services Agreement for Crossing Guard
services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT’S term expires June 30, 2020; and
has a not to exceed amount of $219,472
WHEREAS, the existing AGREEMENT’s project scope and budget are
complete, and staff desires additional services; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
Agreement to add an additional crossing guard and increasing the not to exceed amount
by $15,558.36 for a total of $235,030.36; and
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2, COMPENSATION shall be rescinded in its entirety and replaced with
the following:
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum
not to exceed $235,030.36, notwithstanding any contrary indications that may be
contained in Contractor’s proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Contractor’s proposal, attached as Exhibit B,
regarding the amount of compensation, the Agreement shall prevail. City shall
pay Contractor for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only
payments from City to Contractor for services rendered pursuant to this
Agreement. Contractor shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to
Contractor under this Agreement is based upon Contractor’s estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Contractor. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of
contributions to any pensions and/or annuities to which Contractor and its
employees, agents, and subcontractors may be eligible. City therefore has no
4.3.b
Packet Pg. 47 Attachment: 2. Exhibit A to the Resolution - Amendment to the Agreement with All City Management Services, Inc. for Crossing Guard Services
responsibility for such contributions beyond compensation required under this
Agreement.
2) Exhibit B, Client Worksheet 2019-20 shall be rescinded in its entirety and will be
replaced with the following:
Billing Rate for 2019/2020: $21.61
KEY:
60 180 10800 $21.61 =$233,388.00
16 days/yr X Hourly Billing Rate
Estimate based on Summer School 2018
4 19 76 $21.61 =$1,642.36
1 days/yr X Hourly Billing Rate
10876 $235,030.36TOTAL PROJECTED HOURS TOTAL ANNUAL PROJECTED COST
Summer School Sites:
Site at 4.0 hrs per day Total Hrs/day X
Client Worksheet 2019 - 2020
3701Department:
Summer School
For schools with Summer School sessions use 19 days
Total Hrs/day X
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Sites at 4.0 hrs per day
Traditional Calendar:
Sites with traditional calendar:
For sites with no regularly scheduled early release days, use 180 regular days
4.3.b
Packet Pg. 48 Attachment: 2. Exhibit A to the Resolution - Amendment to the Agreement with All City Management Services, Inc. for Crossing Guard Services
3) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________ ____
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
ALL CITY MANAGEMENT SERVICES INC.
Dated: By: ______________________________
Demetra Farwell, Corporate Security
4.3.b
Packet Pg. 49 Attachment: 2. Exhibit A to the Resolution - Amendment to the Agreement with All City Management Services, Inc. for Crossing Guard Services
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Dog Park Art Replacement Approval
Prepared by: La Shawn Butler, Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider adopting a Resolution approving replacement art at
Dougherty Hills Dog Park with Tellart.
STAFF RECOMMENDATION:
Approve the Resolution Approving an Agreement with Tellart for Replacement Public
Art at Dougherty Hills Dog Park.
FINANCIAL IMPACT:
The adopted Capital Improvement Project budget for Dougherty Hills Dog Park
Replacement Art (PK0219) is $26,680, including $20,000 for improvements (payment to
artist). The funding source is the Public Art Fund. The design proposal budget
encompasses the full $20,000 budget.
DESCRIPTION:
At its July 16, 2019 meeting, the City Council approved the replacement artwork for the
Dougherty Hills Dog Park by Tellart, a Berkeley-based design studio.
The approved art includes silhouettes of actual Dublin dogs, which will then be laser cut
from steel, powder coated, and affixed to the chain link fence that surrounds the dog
park. The artwork will primarily be affixed to outward facing surfaces in the front a nd on
sides.
Staff has now prepared an agreement with Tellart and is recommending that the City
Council consider a Resolution approving the agreement with Tellart for replacement art
at Dougherty Hills Dog Park.
4.4
Packet Pg. 50
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Approving an Agreement with Tellart for Replacement Public Art at
Dougherty Hills Dog Park
2. Public Art Agreement with Tellart
4.4
Packet Pg. 51
ATTACHMENT 1
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AN AGREEMENT WITH TELLART
FOR REPLACEMENT PUBLIC ART
AT DOUGHERY HILLS DOG PARK
WHEREAS, the 2016-2021 Capital Improvement Program includes a project to
design, fabricate and install replacement public art at Dougherty Hills Dog Park; and
WHEREAS six public artists who pre-qualified according to the Public Art Master Plan
process to design, fabricate and install replacement public art were invited to submit design
proposals; and
WHEREAS, the Public Art proposal by Tellart (lead artist – Emily Leighton) was
recommend by the Dougherty Hills Dog Park Art Selection Committee, Heritage and Cultural
Arts Commission and Parks and Community Services Commission and approved by the City
Council; and
WHEREAS, Tellart has demonstrated ability and availability to perform said services;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does approve the Agreement with Tellart attached as Exhibit A and authorizes the City
Manager to execute the Agreement.
PASSED, APPROVED AND ADOPTED this 3rd day of September, 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.4.a
Packet Pg. 52 Attachment: 1. Resolution Approving an Agreement with Tellart for Replacement Public Art at Dougherty Hills Dog Park (Dog Park Art
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 1 of 26
PUBLIC ART AGREEMENT BETWEEN
THE CITY OF DUBLIN AND TELLART
THIS AGREEMENT is made by and between the City of Dublin (“City”) and Tellart (“Artist”) as of ___________
2019, for the purposes and on the terms and conditions set forth below.
RECITALS
WHEREAS, the City requires the services of Artist to perform artistic services described in the Agreement for a
public art project as described under Section 8.58 of the Dublin Municipal Code; and
WHEREAS, the City is authorized by Section 2.36.050 of the Dublin Municipal Code to contract for the
specialized services of the artist contemplated by this Agreement; and
WHEREAS, Artist is qualified and desires to perform the artistic services required by the City as set forth in this
Agreement; and
WHEREAS, the City Council, on July 16, 2019, authorized the City Manager to negotiate an agreement between
City and Artist for the preparation of a final design, fabrication and installation for public art at Dougherty Hills Dog
Park (Amador Valley Blvd. & Stagecoach Rd.)
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as
follows:
AGREEMENT
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Artist shall provide to
City the services necessary to provide the artwork (“Work”) described in the Artist Proposal described in Exhibit A,
and in the Scope of Work attached as Exhibit B at the time and place, and in the manner specified therein. In the
event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall
prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on the date of completion specified in Exhibit B, and Artist shall complete the Work described
in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 17. The time provided to Artist to complete the services
required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided
for in Section 17.
1.2 Standard of Performance. Artist shall perform all services required pursuant to this Agreement in
the manner and according to the standards observed by a competent practitioner of the profession
in which Artist is engaged in the geographical area in which Artist practices its profession. Artist
shall prepare all work products required by this Agreement in a substantial, fi rst-class manner and
shall conform to the standards of quality normally observed by a person practicing in Artist’s
profession.
1.3 Assignment of Personnel. Artist shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term
of this Agreement, desires the reassignment of any such persons, Artist shall, immediately upon
receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Artist shall devote such time to the performance of services pursuant to this Agreement as
may be reasonably necessary to meet the standard of performance provided in Section 1.1 above
and to satisfy Artist’s obligations hereunder.
4.4.b
Packet Pg. 53 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 2 of 26
Section 2. SCOPE OF WORK: Artist shall provide a final design, fabrication and installation of dog
silhouettes for the Dougherty Hills Dog Park public art project as more specifically described in Exhibits A and B of
this Agreement.
2.1 The City shall be responsible for providing the Artist, without cost, copies of designs, drawings,
reports, and other relevant data needed by the Artist to design and execute the Project.
2.2 The Artist shall, whenever required during the term of this Agreement, present to the City in writing,
drawing, or other appropriate media for further review and approval any significant changes in the
scope, design, color, size, material, utility, support requirements, texture, or location of the site or the
Work. A significant change is any change that could affect the future installation, scheduling, site
preparation, or maintenance of the Work, or the concept of the Work as represented in the original
concept design included in Exhibit A.
2.3 The City may, at any time, request the Artist in writing to (a) revise portions of the services that
he/she has previously completed in a satisfactory manner; (b) delete portions of the Scope of the
Work that the Artist has not yet performed; (c) perform additional work beyond the Scope of Work to
be provided in Exhibit B; and, (d) make other changes within the General Scope of the Work to be
performed under this Agreement. In the event of such a written request, the Artist may, but shall not
be obligated to agree to any such request.
2.4 In the event the request for change is agreed to by the Artist, this Agreement shall be amended, in
writing, specifying the agreed changes, including, but not limited to, a description of services,
additional budget, payment schedule, and timetable. In the event that the Artist does not agree to the
request, the City shall be entitled to terminate the Agreement for cause pursuant to Article 17 herein.
2.5 No services for which additional compensation will be charged shall be provided by the Artis t without
the prior written authorization by the City.
Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $20,000 as specified in
Exhibit C, notwithstanding any contrary indications that may be contained in Artist’s proposal, for services to be
performed under this Agreement; or subject to additional amounts for any revisions requested and change order
approved by the City as provided for in Section 2.3 above or elsewhere in this Agreement. In the event of a conflict
between this Agreement and Artist’s proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Artist for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified in Exhibit C shall be the only payments from City to Artist for
services rendered pursuant to this Agreement. Artist shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Artist shall not bill City for duplicate services performed by more than one
person.
Artist and City acknowledge and agree that compensation paid by City to Artist under this Agreement is based upon
Artist’s estimated costs of providing the services required hereunder, including salaries and benefits of employees
and subcontractors of Artist. Consequently, the parties further agree that compensation hereunder is intended to
include the costs of contributions to any pensions and/or annuities to which Artist and its em ployees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation
required under this Agreement.
4.4.b
Packet Pg. 54 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 3 of 26
3.1 Invoices. Artist shall submit invoices as specified in Exhibit B and C, not more often than once a
month during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. Invoices shall contain the following
information:
▪ Serial identifications of each billable phase; i.e., Bill No. 1 Phase I for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ A Task Summary containing the original contract amount, the amount of prior billings, the
total due this period, the balance available under the Agreement, the Artist’s signature.
3.2 Total Payment. City shall pay for the services to be rendered by Artist pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Artist in rendering services pursuant to this Agreement. City shall make no payment for any extra,
further, or additional service pursuant to this Agreement.
In no event shall Artist submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
3.3 Payment of Taxes. Artist is solely responsible for the payment of employment taxes incurred
under this Agreement and any similar federal or state taxes.
3.4 Payment upon Termination. In the event that the City or Artist terminates this Agreement
pursuant to Section 17, the City shall compensate the Artist for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of
termination. Artist shall maintain adequate logs and timesheets in order to verify costs incurred to
that date.
3.5 Authorization to Perform Services. The Artist is not authorized to perform any services or incur
any costs whatsoever under the terms of this Agreement until receipt of authorization from the
Contract Administrator.
Section 4. FACILITIES AND EQUIPMENT. Except as set forth herein, Artist shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Artist only the facilities and equipment listed in Exhibit B, and only under the
terms and conditions set forth herein.
Section 5. RESPONSIBILITY OF THE ARTIST
5.1 The Artist agrees that an essential element of this Agreement is the skill and creativity of the Artist.
The Artist shall not assign the creative or artistic portions of the Work to another party for the
production of the Work without the written consent of the City. Failure to conform to this provision
may be cause for termination of this Agreement, at the sole option of the City.
5.2 The Artist shall be responsible for providing services described in Exhibit B, including but not
limited to, the quality and timely completion of the services. As part of the Work, Artist shall be
responsible for designing the artwork, as described in Exhibit A, so that it can be constructed
without exceeding the approved overall budget for the artwork of $20,000. The Artist shall, without
additional compensation, correct or revise any errors, omissions, or other deficiencies in his/her
Work.
4.4.b
Packet Pg. 55 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 4 of 26
5.3 The Artist shall complete the fabrication and installation of the Work in substantial conformity with
the attached Exhibit B, Scope of Work.
5.4 The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by City.
The Artist shall take such measures as are necessary to protect the Work from loss or damage
until final acceptance by City.
Section 6. TIMELY PROVISION OF SERICES; DAMAGES FOR DELAYED PERFORMANCE: The parties
agree that in the performance of the terms and requirements of this Agreement by the Artist that time is of the
essence. Artist shall devote such time to the performance of services pursuant to this Agreement as may be
reasonably necessary for satisfactory performance of Artist's obligations pursuant to this Agreement.
6.1 Damages for Delayed Performance. Subject to reasonable proof and documentation confirming
the same submitted by the City, Artist shall be liable for all incidental and consequential damages
resulting, directly or indirectly, from delays in performance caused by Artist's acts or omissions.
Damages may include, but are not limited to the cost to retrofit the Work installation area should
Artist not meet installation schedule as specified in Exhibit B. The Artist shall not be liable to City
for damages resulting from delays caused by force majeure or by acts or omissions of City,
Architect or the General Contractor; or third party vandalism, except to the extent Artist failed
reasonably to mitigate such damages.
6.2 Illness, Injury, Death or Incapacity. Should Artist die, become ill, injured or otherwise
incapacitated (collectively, “incapacitated”) such that Artist is unable to work for any period not
exceeding 30 days (whether consecutive or non-consecutive), any delay arising out of such
incapacity will be allowed by City whenever it is practicable to do so, considering the facts and
circumstances of the Work, the Project, the Architect, the General Contractor and the Client. City
may require Artist to provide medical certification of any claimed incapacity. In the event Artist is
incapacitated such that Artist is unable to work for a period exceeding a total of 30 days (whether
consecutive or nonconsecutive), City may, at its option, undertake to complete and install the Work
in Artist’s absence, so long as the final Artwork is substantially similar to that designed by Artist. If
City undertakes to complete the Work, City shall give due consideration to Artist’s suggestions, and
Artist may disclaim authorship of the Work. If City exercises its option to implement the Artwork in
Artist’s absence, any compensation paid or payable to Artist shall be reduced by the costs and
expenditures of City in completion and installation of the Work. In case of incapacity exceeding 30
days, the following person shall be Artist’s representative vis -à-vis the City for purposes of this
Section 6 unless otherwise directed in writing by the Artist:
Nick Scappaticci
c/o Tellart
1 Sims Pl., Unit 201
Providence, RI 02909
(401) 273-5423
Section 7. APPROVAL AND FINAL ACCEPTANCE OF ARTWORK. Payment does not imply acceptance of
work. The granting of any payment by City, or the receipt thereof by Artist, shall in no way lessen the liability of Artist
to replace unsatisfactory work, equipment, or materials, although the unsatisfactory character of such work,
equipment or materials may not have been apparent or detected at the time such payment was made. Materials,
equipment, components, or workmanship that does not conform to the requirements of this Agreement may be
rejected by City and in such case must be replaced by Artist without as soon as possible.
4.4.b
Packet Pg. 56 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 5 of 26
7.1 The granting or withholding of any approval by the City shall be determined by the City in its sole
and reasonable discretion. However, the City shall approve all deliverables if they materially
conform to plans or Contract Documents previously approved by the City. If the City withholds
approval of any deliverables or Phase, in addition to other rights or remedies available to the City
under the Agreement or applicable law, the City shall have the right to terminate this Agreement
immediately and shall have no further obligations under this Agreement.
7.2 Final Acceptance. Artist shall advise the City in writing when Artist has completed all obligations,
services and deliverables under this Agreement and all modifications. The City promptly shall send
a Notice of Response identifying in writing any obligations, services or deliverables that Artist has
not satisfactorily met, any defects in Artist’s performance, and the requirements for Artist to cure
any such default. Artist shall have 20 days from dispatch of the Notice of Response to cure any
defects in Artist’s performance identified in the City’s Notice of Response. The Artwork shall not be
officially accepted by City unless the City has issued a resolution of Final Acceptance. City shall
make a good faith effort to make a determination as to Final Acceptance promptly.
7.3 Public Art Collection. Upon Final Acceptance, the City shall accession the Artwork into the Public
Art Collection.
Section 8. WARRANTIES/STANDARDS
8.1 Unique. Artist warrants that the design of the Artwork as expressed in the Proposal, Exhibit A, is
an edition of one, and that neither Artist nor Artist’s agents will execute or authorize another to
execute another work of the same or substantially similar image, design, dimensions and materials
as the Artwork. Artist may create works that utilize or incorporate various individual art elements
that comprise the Artwork, so long as the work utilizing or incorporating such individual elements
(1) does not consist predominantly of such elements, (2) is not the same or substantially similar in
image, design, dimensions and materials as the Artwork, and (3) is not displayed in an
environment that is the same or substantially similar to the environment in which the Artwork is to
be displayed at the site.
8.2 Warranty of Title. Artist represents and warrants that Artist is the sole author of the Artwork and
that Artist is the sole owner of any and all copyrights pertaining to the Artwork. Artist further
represents that the Artwork is free and clear of any liens and that there are no outstanding disputes
in connection with property rights, intellectual property rights or any other rights in the Artwork or
any parts of the Artwork.
8.3 The Artist shall faithfully perform the work required under this Agreement in accordance with
standards of care, skill, training, diligence, and judgment provided by highly competent
professionals who perform work of a similar nature to the Work described in this Agreement. Artist
shall assign only competent personnel to perform services pursuant to this Agreement. In the event
that City, in its sole discretion, at any time during the term of this Agreement, desires the removal
of any such persons, Artist shall, immediately upon receiving notice from City of such desire of
City, cause the removal of such person or persons, unless in the Artist's sole opinion, the skill or
creativity of such person or persons is essential to the creation of the Work.
4.4.b
Packet Pg. 57 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 6 of 26
8.4 Warranty of Workmanship. The Artist shall guarantee his/her Work to be free from faults of
material and workmanship for a period of one (1) year after installation and final acceptance by the
City. The Artist shall deliver the Work to the City free and clear of any liens from any source
whatsoever. The foregoing guarantees shall apply only to the Work that is entirely that of the Artist
or persons responsible to the Artist, as installed, and shall not apply to materials or workmanship of
projects in which the Work of the Artist is integrated or combined, or to materials purchased,
acquired, or installed by a person or entity not responsible to the Artist.
8.5 Warranty of Public Safety. Artist represents and warrants that the Work will not pose a danger to
public health or safety in view of the possibility of misuse, if such misuse is in a manner that was
reasonably foreseeable at any time during the term of this Agreement.
8.6 Warranty of Acceptable Standard of Display and Operation. Artist represents and warrants
that:
8.6.1 Occasional or minimal cleaning and repair of the Artwork and any associated working
parts and/or equipment will maintain the Work within an acceptable standard of public
display;
8.6.2 Foreseeable exposure to the elements and general wear and tear will cause the Work to
experience only minor repairable damages and will not cause the Work to fall below an
acceptable standard of public display; and
8.6.3 With general routine cleaning and repair, and within the context of foreseeable exposure
to the elements and general wear and tear, the Work will not experience irreparable
conditions that do not fall within an acceptable standard of public display, including mold,
rust, fracturing, staining, chipping, tearing, abrading and peeling.
8.7 Manufacturer’s Warranties. To the extent the Work incorporates products covered by a
manufacturer’s warranty, Artist shall provide copies of such warranties to City.
Section 9. MAINTENANCE OF ARTWORK
9.1 Unless specifically provided in this Agreement, Artist shall not be responsible for ongoing
maintenance of the Artwork.
9.2 Artist shall provide the City with a General Maintenance Plan for the Artwork, with a detailed
description of future anticipated maintenance requirements; a recommended maintenance
schedule; anticipated and required care and/or replacement/upgrade of any part of the Artwork and
associated moving parts or equipment including any staff time involved in displaying or operating
artwork and the frequency of such staff involvement; and written instructions and manufacturer’s
specifications for reasonably foreseeable maintenance and preservation activities relating to the
Artwork.
9.3 The Artwork shall be durable, taking into consideration that the installation site is an unsecured
public space that may be exposed to elements such as weather, temperature variation, and
considerable movement of people and equipment. Artist shall ensure that all maintenance
requirements will be reasonable in terms of time and expense.
4.4.b
Packet Pg. 58 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 7 of 26
9.4 Although City strives to maintain the Public Art Collection in good repair and condition, City is not
required by this Agreement to maintain the Artwork to any particular standard. City may determine
to allow the Artwork to deteriorate in accordance with the Artwork’s temporary life span, if deemed
appropriate by City or if City lacks sufficient funds for required maintenance and/or conservation. If
the Artwork suffers deterioration, City shall have sole discretion to determine whether to remove
the Artwork from display as a result of deterioration, whether to replace any portion of the Artwork
or translate any component into new media, or whether to maintain the Artwork on display despite
its deteriorated condition.
9.5 The anticipated life span of the Artwork is 25 years from the date of final acceptance by the City.
After that time, the City in its sole discretion may re-evaluate the Artwork to determine if it retains
its identity as a work of art and, if not, whether to take appropriate action, including the possibility of
destroying the Artwork. If the City determines that, through decay, vandalism or other forces, the
Artwork has lost its integrity to the point where it should be destroyed, the City shall first offer the
Artwork to Artist free of charge and in writing.
Section 10. ARTIST’S RIGHTS; CITY’S OWNERSHIP RIGHTS
10.1 The City intends to display the Artwork as originally created by Artist in Exhibit A and to maintain
the Artwork in good condition. Public artworks commissioned by the City are sometimes integrated
into their site, such that they become an integral, permanent and site-specific part of the building’s
architecture or landscaped environment and removal of the artwork would result in significant
changes to the artwork and the building’s architecture. City, however, shall preserve complete
flexibility to operate and manage City property in the public’s interest. Therefore, City retains the
absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork
to eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its
property and affairs, or through neglect or accident. If, during or after the term of this Agreement,
City finds the Site to be inappropriate, City has the right to install the Artwork at an alternate
location that City chooses in its sole discretion. If the Artwork is free-standing such that it can be
removed without significant damage to the Artwork or the Site, and if the City authorizes the
removal of the Artwork, the City shall take reasonable precautions to minimize alteration of the
Artwork during removal.
10.2 With respect to the Artwork produced under this Agreement, and in consideration of the procedures
and remedies specified in this Agreement, Artist waives any and all claims, arising at any time and
under any circumstances, against City, its officers, agents, employees, successors and assigns,
arising under the federal Visual Artists Rights Act (and 113(d)), the California Art Preservation Act
(Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey
rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et
seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is
incorporated into a building such that the Artwork cannot be removed from the building without
alteration of the Artwork, Artist waives any and all such claims against any future owners of the
site, and its agents, officers and employees, for alteration of the Artwork.
10.3 If City intends to take any action with respect to the site or the Artwork that would alter the Artwork,
other than routine cleaning and maintenance, the following procedures shall apply:
4.4.b
Packet Pg. 59 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 8 of 26
10.3.1 Notice. Where time permits, City shall make reasonable good faith efforts to notify Artist
at least 20 calendar days prior to authorizing any alteration of the Artwork, at the last
phone number or address provided by Artist to the City’s Contract Administrator. Where
time does not permit prior to alteration of the Artwork – for example, in cases of public
hazard, accident or unauthorized alteration – City shall notify Artist within 30 calendar
days after such alteration.
10.3.2 Consultation. After receiving such notice, Artist shall consult with City to determine
whether the Artwork can be restored or relocated, and to attempt to come to a mutually
agreeable plan for disposition of the Artwork. Such consultation shall be without charge by
Artist unless otherwise specifically agreed in writing. If City intends to remove the Artwork,
Artist shall consult regarding methods to minimize or repair any Alteration to the Artwork
caused by such removal and the potential costs of such removal.
10.3.3 Restoration. If the Artwork is altered, with or without prior notice to Artist, and City intends
to maintain the Artwork on display, City shall make a reasonable good faith effort to
engage Artist in the restoration of the Artwork and to compensate Artist for Artist’s t ime
and efforts at fair market value, which may be the subject of a future Agreement between
Artist and City. However, City has no obligation under this Agreement to restore the
Artwork to its original condition, to compensate Artist for any restoration work, or to
maintain the Artwork on display. If Artist fails or refuses to negotiate with City in good faith
with respect to any restoration, City may contract with any other qualified art conservator
or artist for such restoration. During Artist’s lifetime, City shall make best efforts not to
display or de-accession only a portion of the Artwork without Artist’s consent.
10.3.4 Removal by Artist. Where time permits, if City intends to take action that will destroy or
significantly alter the Artwork, such as destruction of all or part of the site, and City
determines that it will not remove the Artwork itself, City shall allow Artist to remove the
Artwork at Artist’s expense within 60 days of notice from the City of the need to remove
the Artwork, in which case title shall revert to Artist. If Artist fails to remove the Artwork
within that 60 day period, City may alter the Artwork in any manner, including destroying
it, in City’s sole discretion.
10.3.5 Remedies. If City breaches any of its obligations under this Section, Artist’s remedies
shall be limited as follows: If City inadvertently fails to provide a required prior notice of
alteration, City will provide notice as soon as it discovers the omission, and before
alteration of the Artwork if that remains possible. If City alters the Artwork without
providing Artist a required prior notice of alteration, Artist shall be given the first right of
refusal to restore the Artwork at the same location and City shall make reasonable efforts
to provide funding for the restoration. If City funds cannot be made available after
reasonable efforts are made to secure such funding, Artist may, but is not obligated to,
restore the Artwork at Artist’s expense. If Artist elects not to restore the Artwork, City may
retain another artist or conservator to restore it, or may Alter the Artwork in any manner, at
City’s sole discretion.
10.4 If City alters the Artwork without Artist’s consent in a manner that is prejudicial to Artist’s reputation,
Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code
§987(d) and 17 U.S.C. §106A(a)(2).
4.4.b
Packet Pg. 60 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 9 of 26
10.5 Except as provided in this Agreement, with respect to third parties who are not officers, employees,
agents, successors or assigns of City, Artist retains Artist’s moral rights in the Artwork, as
established in the Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art
Preservation Act (Cal. Civil Code §§987 and 989), or any other local, state, federal or international
moral rights laws that protect the integrity of works of art. Accordingly, nothing herein shall prevent
Artist from pursuing a claim for alteration of the Artwork against a third party who is not an officer,
employee, agent, successor or assign of City. City has no obligation to pursue claims against third
parties to remedy or prevent alteration of the Artwork. However, as owner of the Artwork, City may
pursue claims against third parties for damages or to restore the Artwork if the Artwork has been
altered without City’s authorization.
Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS
11.1 Copyright. Subject to usage rights and licenses granted to City hereunder, Artist shall retain all 17
U.S.C. §106 copyrights in all original works of authorship produc ed under this Agreement. Artist’s
copyright shall not extend to predominantly utilitarian aspects of the Work, such as landscaping
elements, furnishings, or other similar objects. If Artist is comprised of two or more individual
persons, the individual persons shall be deemed joint authors of the Work.
11.2 City’s Intellectual Property License. Artist grants to City, and to City’s agents, authorized
contractors and assigns, an unlimited, non-exclusive and irrevocable license to do the following
with respect to the Work, the Artwork, and any original works of authorship created under this
Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the
universe:
11.2.1 Implementation, Use and Display. City may use and display the Work (to the extent the
Work includes graphic representations or models) and the Artwork. To the extent the
Work involves design elements that are incorporated by City into the design of the site,
City may implement such elements at the site.
11.2.2 Reproduction and Distribution. City may make and distribute, and authorize the
making, display and distribution of, photographs and other 2-dimensional reproductions.
City may use such reproductions for any City-related purpose, including advertising,
educational and promotional materials, brochures, books, flyers, postcards, print,
broadcast, film, electronic and multimedia publicity, gifts for City benefactors,
documentation of City’s Public Art Collection, and catalogues or similar publications. City
shall ensure that such reproductions are made in a professional and tasteful manner, in
the sole and reasonable judgment of the City. The proceeds from the sale of any such
reproductions shall be used to maintain and support City’s Public Art Collection or for any
other public purposes that City deems appropriate. The license granted hereunder
includes the right to create 2-dimensional reproductions on items such as tote-bags, T-
shirts, coffee mugs and similar merchandise. Nothing hereunder shall be construed to
constrain Artist from creating posters, note cards, or other reproductions of the Artwork
with appropriate credit to the City.
11.2.3 Public Records Requests. Any documents provided by Artist to City are public records
and City may authorize third parties to review and reproduce such documents pursuant to
public records laws, including the San Francisco Sunshine Ordinance and California
Public Records Act.
11.3 Third Party Infringement. The City is not responsible for any third party infringement of Artist’s
copyright and not responsible for protecting the intellectual property rights of Artist.
4.4.b
Packet Pg. 61 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 10 of 26
11.4. Credit. All reproductions by the City shall contain a credit to the Artist and a copyright notice
substantially in the following form: “Tellart (c), March 2, 2020.” The Artist shall use his/her best
efforts to include a credit reading substantially "An original work commissioned by the City of
Dublin, California" in any public showing under the Artist's control of reproductions of the Work.
11.5 Publicity. City shall have the right to use Artist’s name, likeness, and biographical information, in
connection with the display or reproduction and distribution of the Artwork including all advertising
and promotional materials regarding City or the City. Artist shall be reasonably available to attend
any inauguration or presentation ceremonies relating to the public dedication of the Artwork.
11.6 Trademark. In the event that City’s use of the Artwork creates trademark, service mark or trade
dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in
such trademark, service mark, or trade dress.
11.7 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the
Artwork is not itemized separately from the value of the real property, the parties agree that the
resale price of the Artwork shall be presumed to be less than the purchase price paid by City under
this Agreement. Thus, City has no obligation to pay resale royalties pursuant to California Civil
Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an
individual piece, separate from or itemized as part of a real property transaction, City shall pay to
Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.
11.8 If for any reason the proposed design is not implemented, all rights to the proposed artwork shall
be retained by the Artist. The City shall have no right to implement the proposed artwork, whether
or not protected by copyright, unless and until the City and the Artist enter into a subsequent
agreement for the implementation of the proposed design.
Section 12. OWNERSHIP OF RESULTS AND RISK OF LOSS
12.1 Title Transfer. Except in the case of early termination of this Agreement, title to the Artwork shall
transfer from Artist to City upon the City’s Final Acceptance of the Artwork. Title transfer shall be
self-executing upon City’s Final Acceptance. Artist will cooperate in providing to City any title
transfer documents City may request or require during or after the Term of this Agreement.
12.2 Risk of Loss. The risk of loss or damage to the Artwork shall be borne solely by Artist until Final
Acceptance of the Artwork by the City. Artist shall take steps to protect the Artwork from loss or
damage. The City staff shall make a good faith effort to inspect the Artwork within 15 days after
completion so that the City can approve the Artwork by resolution in a timely fashion.
12.3 Ownership of Documents. Conceptual Design, Design Development Documents, Construction
Documents, Samples, Mock-ups and all other documents prepared and submitted by Artist to the
City pursuant to this Agreement shall belong to the City. Artist may retain originals of such
documents and items and provide copies to City.
4.4.b
Packet Pg. 62 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 11 of 26
Section 13. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Artist, at its
own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the Artist
and its agents, representatives, employees, and subcontractors. Artist shall provide proof satisfactory to City o f such
insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the
City. Artist shall maintain the insurance policies required by this section throughout the term of this Agreement. The
cost of such insurance shall be included in the Artist's bid. Artist shall not allow any subcontractor to commence work
on any subcontract until Artist has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement
prior to execution.
13.2 Commercial General and Automobile Liability Insurance.
13.2.1 General requirements. Artist, at its own cost and expense, shall maintain commercial
general and automobile liability insurance for the term of this Agreement in an amount not
less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, TWO MILLION
DOLLARS ($2,000,000.00) aggregate, combined single limit coverage for risks associated
with the work contemplated by this Agreement. If a Commercial General Liability
Insurance or an Automobile Liability form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom,
and damage to property resulting from activities contemplated under this Agreement,
including the use of owned and non-owned automobiles.
13.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. Automobile coverage shall be at
least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9 (“any auto”). No endorsement shall be attached limiting the coverage.
13.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Artist, including the insured’s general
supervision of Artist; products and completed operations of Artist; premises
owned, occupied, or used by Artist; and automobiles owned, leased, or used by
the Artist. The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a
claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to
the City and its officers, officials, employees and volunteers, and that no
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
4.4.b
Packet Pg. 63 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 12 of 26
d. Any failure of Artist to comply with reporting provisions of the policy shall not
affect coverage provided to City and its officers, employees, agents, and
volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Artist shall notify City within 14 days of notification from
Artist’s insurer if such coverage is suspended, voided or reduced in coverage or
in limits.
13.3 All Policies Requirements.
13.3.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
13.3.2 Verification of coverage. Prior to beginning any work under this Agreement, Artist shall
furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
13.3.3 Subcontractors. Artist shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
13.3.4 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully protected.
13.3.5 Deductibles and Self-Insured Retentions. Artist shall disclose to and obtain the
approval of City for the self-insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Artist may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers.
The Contract Administrator may condition approval of an increase in deductible or self-
insured retention levels with a requirement that Artist procure a bond, guaranteeing
payment of losses and related investigations, claim administration, and defense expenses
that is satisfactory in all respects to each of them.
13.3.6 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Artist shall provide
written notice to City at Artist’s earliest possible opportunity and in no case later than five
days after Artist is notified of the change in coverage.
4.4.b
Packet Pg. 64 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 13 of 26
13.4 Remedies. In addition to any other remedies City may have if Artist fails to provide or maintain
any insurance policies or policy endorsements to the extent and within the time herein required,
City may, at its sole option exercise any of the following remedies, which are alternatives to other
remedies City may have and are not the exclusive remedy for Artist’s breach:
▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
▪ Order Artist to stop work under this Agreement or withhold any payment that becomes due to
Artist hereunder, or both stop work and withhold any payment, until Artist demonstrates
compliance with the requirements hereof; and/or
▪ Terminate this Agreement.
Section 14. INDEMNIFICATION AND ARTIST’S RESPONSIBILITIES. Artist shall indemnify, defend with
counsel mutually selected by the City and Artist, and hold harmless the City and its officials, officers, employees,
agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of
action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any
federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or
negligent acts or omissions of Artist or its employees, subcontractors, or agents, by acts for which the y could be held
strictly liable, or by the quality or character of their work. The foregoing obligation of Artist shall not apply when (1)
the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct
of the City or its officers, employees, agents, or volunteers and (2) the actions of Artist or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law.
It is understood that the duty of Artist to indemnify and hold harmless includes the duty to defend as set forth in
Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required
under this Agreement does not relieve Artist from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such
insurance policies shall have been determined to apply. By execution of this Agreement, Artist acknowledges and
agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Artist or any employee, agent, or subcontractor of Artist providing services under this Agreement is
determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be
eligible for enrollment in PERS as an employee of City, Artist shall indemnify, defend, and hold harmless City for the
payment of any employee and/or employer contributions for PERS benefits on behalf of Artist or its employees,
agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which
would otherwise be the responsibility of City.
Section 15. STATUS OF ARTIST AS INDEPENDENT CONTRACTOR.
15.1 Independent Contractor. At all times during the term of this Agreement, Artist shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
Artist only insofar as the results of Artist's services rendered pursuant to this Agreement and
assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the
right to control the means by which Artist accomplishes services rendered pursuant to this
Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Artist and any of its employees, agents, and subcontractors providing
services under this Agreement shall not qualify for or become entitled to, and hereby agree to
waive any and all claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
4.4.b
Packet Pg. 65 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 14 of 26
15.2 Nothing contained in this Agreement shall be construed as limiting the right of Artist to enga ge in
his/her profession separate and apart from this Agreement so long as such activities do not
interfere with the performance by Artist of his/her obligations as set forth in this Agreement.
15.3 Artist No Agent. Except as City may specify in writing, Artist shall have no authority, express or
implied, to act on behalf of City in any capacity whatsoever as an agent. Artist shall have no
authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 16. LEGAL REQUIREMENTS.
16.1 Governing Law. The laws of the State of California shall govern this Agreement.
16.2 Compliance with Applicable Laws. Artist and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
16.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Artist and any subcontractors shall comply with all
applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
16.4 Licenses and Permits. Artist represents and warrants to City that Artist and its employees,
agents, and any subcontractors have all licenses, permits, qualifications, and approvals of
whatsoever nature that are legally required to practice their respective professions. Artist
represents and warrants to City that Artist and its employees, agents, any subcontractors shall, at
their sole cost and expense, keep in effect at all times during the term of this Agreement any
licenses, permits, and approvals that are legally required to practice their respective professions.
In addition to the foregoing, Artist and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
16.5 Nondiscrimination and Equal Opportunity. Artist shall not discriminate, on the basis of a
person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical
condition, marital status, sex, or sexual orientation, against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for
any services or programs provided by Artist under this Agreement. Artist shall comply with all
applicable federal, state, and local laws, policies, rules, and requirements related to equal
opportunity and nondiscrimination in employment, contracting, and the provision of any services
that are the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Artist thereby.
16.6 (Intentionally deleted)
4.4.b
Packet Pg. 66 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 15 of 26
Section 17. TERMINATION AND MODIFICATION.
17.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Artist.
Artist may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Artist shall be entitled to compensation for services performed to the
effective date of termination; City, however, may condition payment of such compensation upon
Artist delivering to City any or all documents, photographs, computer software, video and audio
tapes, and other materials provided to Artist or prepared by or for Artist or the City in connection
with this Agreement.
17.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Artist understands and agrees that, if City grants such
an extension, City shall have no obligation to provide Artist with compensation beyond the
maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Artist for any otherwise reimbursable
expenses incurred during the extension period.
17.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
17.4 Assignment and Subcontracting. City and Artist recognize and agree that this Agreement
contemplates personal performance by Artist and is based upon a determination of Artist’s unique
personal competence, experience, and specialized personal knowledge. Moreover, a substantial
inducement to City for entering into this Agreement was and is the professional reputation and
competence of Artist. Artist may not assign this Agreement or any interest therein without the prior
written approval of the Contract Administrator. Artist shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted in the
proposal, without prior written approval of the Contract Administrator.
17.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Artist shall survive t he termination of this
Agreement.
17.6 Options upon Breach by Artist. If Artist materially breaches any of the terms of this Agreement,
City’s remedies shall include, but not be limited to, the following:
17.6.1 Immediately terminate the Agreement;
17.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work
product prepared by Artist pursuant to this Agreement;
17.6.3 Retain a different Artist to complete the work described in Exhibit A not finished by Artist;
or
17.6.4 Charge Artist the difference between the cost to complete the work described in Exhibit A
that is unfinished at the time of breach and the amount that City would have paid Artist
pursuant to Section 2 if Artist had completed the work.
4.4.b
Packet Pg. 67 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 16 of 26
Section 18. KEEPING AND STATUS OF RECORDS.
18.1 City Access to Artwork; Inspection of Work and Artwork. City shall have the reasonable right
to, at its sole expense, inspect the Work, including the Artwork, at the fabrication Site during any
phase of the project at any time. In the event that all or part of the Work is created in a location
other than the Site, the City shall have the right to inspect the Work, including the Artwork, at any
phase of the project following 48 hours written notice from the City to the Artist. The Artist shall be
responsible for facilitating City’s prompt access to Artist’s property or the property of the Artist’s
subcontractors where the Work or portions of the Work are being fabricated or installed.
18.2 Status Reports. Artist shall submit written reports regarding the status of the Work, including the
Artwork, as may be reasonably requested by the City. The City shall determine the format for the
content of such reports. The timely submission of all reports is a necessary and material term and
condition of this Agreement. The reports, including any copies, shall be submitted on recycled
paper and printed on double-sided pages to the maximum extent possible.
18.3 Artist Availability. Artist or Artist’s authorized agent shall be available at Artist’s sole expense for
up to 2 visits to Dublin to ensure the proper installation and operation of the Artwork. During each
visit to Dublin, unless otherwise agreed upon by the City, the Artist’s visit shall last for at least a full
8 hour day.
18.4 Records Created as Part of Artist’s Performance. With the exception of model submitted with
initial proposal, all reports, data, maps, models, charts, studies, surveys, photographs,
memoranda, plans, studies, specifications, records, files, or any other documents or materials, in
electronic or any other form, that Artist prepares or obtains pursuant to this Agreement and that
relate to the matters covered hereunder shall be the property of the City. Artist hereby agrees to
deliver those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily
suitable for any future or other use. City and Artist agree that, until final approval by City, all data,
plans, specifications, reports and other documents are confidential and will not be released to third
parties without prior written consent of both parties. It is also agreed that proposal model remains
property of the Artist and will be returned to Artist after the finished sculpture is installed.
18.5 Artist’s Books and Records. Artist shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services or expenditures and disbursements charged to the City under this Agreement for a
minimum of three (3) years, or for any longer period required by law, from the date of final payment
to the Artist to this Agreement.
18.6 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Artist to maintain shall be made available for inspection, audit, and/or co pying at any time
during regular business hours, upon oral or written request of the City. Under California
Government Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of the City,
for a period of three (3) years after final payment under the Agreement.
4.4.b
Packet Pg. 68 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 17 of 26
Section 19. MISCELLANEOUS PROVISIONS.
19.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
19.2 Venue. In the event that either party brings any action against the other under this Agreement, the
parties agree that trial of such action shall be vested exclusively in the state courts of California in
the County of Alameda.
19.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
19.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
19.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
19.6 Use of Recycled Products. Artist shall prepare and submit all reports, written studies and other
printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
19.7 Conflict of Interest. Artist may serve other clients, but none whose activities within the corporate
limits of City or whose business, regardless of location, would place Artist in a “conflict of interest,”
as that term is defined in the Political Reform Act, codified at California Government Code Section
81000 et seq.
Artist shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
Artist hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an
employee, agent, appointee, or official of the City. If Artist was an employee, agent, appointee, or
official of the City in the previous twelve months, Artist warrants that it did not participate in any
manner in the forming of this Agreement. Artist understands that, if this Agreement is made in
violation of Government Code §1090 et.seq., the entire Agreement is void and Artist will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Artist will be required to reimburse the City for any sums paid to
the Artist. Artist understands that, in addition to the foregoing, it may be subject to crim inal
prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from
holding public office in the State of California.
19.8 Solicitation. Artist agrees not to solicit business at any meeting, focus group, or interview related
to this Agreement, either orally or through any written materials.
19.9 Contract Administration. This Agreement shall be administered by the City Manager or his/her
designee ("Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his or her designee.
4.4.b
Packet Pg. 69 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 18 of 26
19.10 Notices. Any written notice to Artist shall be sent to:
Nick Scappaticci
c/o Tellart
1 Sims Pl., Unit 201
Providence, RI 02909
(401) 273-5423
Any written notice to City shall be sent to:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833-6645
19.11 Professional Seal. Where applicable in the determination of the contract administrator, the first
page of a technical report, first page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed professional responsible for the
report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of
Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
19.12 Integration. This Agreement, including the proposal, scope of work, and payment schedule
attached hereto and incorporated herein as Exhibits A, B and C, represents the entire and
integrated agreement between City and Artist and supersedes all prior negotiations,
representations, or agreements, either written or oral.
CITY OF DUBLIN ARTIST
____________________________ ______________________________
Chris Foss, City Manager Nick Scappaticci
Attest:
____________________________
Caroline Soto, City Clerk
Approved as to Form:
4.4.b
Packet Pg. 70 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the August 21, 2019
City of Dublin and Tellart Page 19 of 26
____________________________
John Bakker, City Attorney
EXHIBIT A
ARTIST PROPOSAL
The art work will consists of a series of 60-100 brightly-colored silhouettes of dogs, arranged
around 100-200 feet of existing fence line.
The actual silhouettes will be generated from photos taken of dogs who currently use the
park. Using a generative algorithm Tellart will manipulate these photos into the ultimate
forms seen in the rendering.
4.4.b
Packet Pg. 71 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT A
City of Dublin and Tellart Page 20 of 26
EXHIBIT A
ARTIST PROPOSAL
4.4.b
Packet Pg. 72 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT A
City of Dublin and Tellart Page 21 of 26
EXHIBIT A
ARTIST PROPOSAL
4.4.b
Packet Pg. 73 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT A
City of Dublin and Tellart Page 22 of 26
EXHIBIT A
ARTIST PROPOSAL
4.4.b
Packet Pg. 74 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT A
City of Dublin and Tellart Page 23 of 26
EXHIBIT A
ARTIST PROPOSAL
4.4.b
Packet Pg. 75 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT B
City of Dublin and Tellart Page 24 of 26
EXHIBIT B
SCOPE OF WORK
4.4.b
Packet Pg. 76 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT B
City of Dublin and Tellart Page 25 of 26
EXHIBIT B
SCOPE OF WORK
Timeline:
September - October, 2019:
Planning, Community Photography day, generating algorithm, final color specifications and layout.
By April 30, 2020:
Metal fabrication and painting
Installation (3 days)
4.4.b
Packet Pg. 77 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Public Art Agreement between the EXHIBIT C
City of Dublin and Tellart Page 26 of 26
EXHIBIT C
COMPENSATION
Item Cost
Steel and Fabrication $3,200
Powder Coating $1,500
Hardware $500
Interpretive Plaque $300
Photography $1,500
Design time + studio staff $3,200
Cut file preparation + pre-check $2,000
Field coordination $2,100
Project management $1,800
Installation Assistance $3,600
Transportation of artwork $300
Total payment to Artist $20,000
4.4.b
Packet Pg. 78 Attachment: 2. Public Art Agreement with Tellart (Dog Park Art Replacement Approval)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Reducing the Second Unit Fee in the Tri-Valley Transportation
Development Fee Program to $0.
Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic)
EXECUTIVE SUMMARY:
As recommended by the Tri Valley Transportation Commission, and consistent with the
Tri-Valley Cities Housing and Policy Framework, the City Council will consider reducin g
the Tri-Valley Transportation Development Fee for Second Units (also known as
Accessory Dwelling Units or Secondary Dwelling Units) from $3,203.48 to $0.
STAFF RECOMMENDATION:
Adopt the Resolution Reducing the Second Unit Fee in the Tri-Valley Transportation
Development Fee Program to $0.
FINANCIAL IMPACT:
The City of Dublin imposes various impact fees at building permit issuance for each new
second dwelling unit built. A portion of the impact fees is the Tri -Valley Transportation
Development (TVTD) fee, which is currently $3,203.48 per Second Unit. The City
collected approximately $48,000 of TVTD fees for Second Unit permits in Fiscal Year
2018-2019. In Fiscal Years 2016-2017 and 2017-2018 the City collected approximately
$53,000 of TVTD fees for Second Unit Permits.
Reducing the TVTD fee to $0.00 per Second Unit will reduce revenue for TVTD funded
regional and local projects. There is no impact to the General Fund.
DESCRIPTION:
The City is a party to the Tri-Valley Transportation Council Joint Exercise of Powers
Agreement (“the JEPA”). Among other things, the JEPA establishes the mechanism for
a regional transportation fee, called Tri-Valley Transportation Development Fee (“TVTD
Fee”). In particular, the TVTC is responsible for producing the necessary legal
justification for the fees, recommending the amounts, and maintaining and administering
the funds derived from the fees. The individual member agencies—the counties of
4.5
Packet Pg. 79
Page 2 of 3
Alameda and Contra Costa, and Danville, Dublin, Livermore, Pleasanton, and San
Ramon—are responsible for considering TVTD Fee amounts recommended by TVTC.
Presently, the TVTD Fee includes a Second Unit fee of $3,203.48 per unit. The Second
Units are also referred to as Accessory Dwelling Units or Secondary Dwelling Units.
In January 2019, CASA - The Committee to House the Bay Area released several
recommendations in an effort to reduce barriers to developing housing. One of the
recommendations is “CASA Compact Element #4: Remove Regulatory Barriers to
Accessory Dwelling Units.” This recommendation is to remove regulatory barriers to
ADUs with the intent of creating additional housing within their neighborhoods. Two
legislative bills were created to support this recommendation. These two bills are AB 69
(Ting) and SB 13 (Wieckowski). The bills were referred to the Commission on Housing
and Community Development and the Commission on Rules in January 2019,
respectively.
In late February 2019, the City of Dublin along with other Tri-Valley cities of Livermore,
Pleasanton, San Ramon and the Town of Danville developed the Tri-Valley Cities
Housing and Policy Framework. This framework was developed as a collaborative
response and statement to the CASA Compact. On March 19, 2019, City Council
adopted a Resolution 16-19 (Attachment 2) supporting the Housing and Policy
Framework. The Tri-Valley Cities, through their Housing and Policy Framework,
generally support the ADU/SDU recommendations described in the CASA Compact.
On July 15, 2019, the Tri-Valley Transportation Council (TVTC) Board adopted
Resolution 2019-03 (Attachment 3) recommending reducing the TVTD Fee for Second
Units to $0. The intention of the resolution was to minimize or remove a barrier to the
construction of Second Units and is a component of addressing the housing crisis in the
Bay Area.
The City of Dublin, as a TVTC member, is required to consider TVTD Fee amounts
proposed by the TVTC. To be consistent with the recommendation of TVTC Board, to
implement the recommendations in the Housing and Policy Framework, a nd to remove
a barrier to the development of Second Units in Dublin, Staff recommends that the City
Council adopt a resolution to reduce the TVTD fee collected for Second Units to $0 to
be effective on September 30, 2019.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
4.5
Packet Pg. 80
Page 3 of 3
ATTACHMENTS:
1. Resolution Reducing the Second Unit Fee in the Tri-Valley Transportation
Development Fee Program to $0
2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework
3. TVTC Resolution 2019-03
4.5
Packet Pg. 81
3348055.1
RESOLUTION NO. __– 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
REDUCING THE SECOND UNIT FEE IN THE TRI-VALLEY TRANSPORTATION
DEVELOPMENT FEE PROGRAM TO $0
WHEREAS, consistent with the TVTD Fee program, the City of Dublin currently collects a
Tri-Valley Transportation Development Fee for Second Units that is equal to the rate charged for
Multi-Family Units; and
WHEREAS the City of Dublin desires to support more affordable housing to help address
the housing crisis; and
WHEREAS, the California Department of Housing and Community Development has
advised that a way for local jurisdictions to encourage the development of accessory dwelling
units (ADU) or secondary dwelling units (SDU) is to reduce or eliminate fees; and
WHEREAS, pursuant to Section 6(b) of the Joint Exercise of Powers Authority the Tri -
Valley Transportation Council (TVTC) can recommend fee amounts; and
WHEREAS, on July 15, 2019 the TVTC adopted a resolution recommending resetting
ADU/SDU fee to $0 in the Tri-Valley Transportation Development fee program ; and
WHEREAS, TVTC recommends member agencies to implement this fee by September
30, 2019; and
WHEREAS, the City Council agrees with the TVTC’s recommendation, which aligns with
the recommendations in the Housing and Policy Framework adopted by Danville, Dublin,
Livermore, Pleasanton, and San Ramon aimed at removing barriers to the development of
second units.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin,
reduces the Second Unit Fee in the TVTD fee program to $0.
BE IT FURTHER RESOLVED, that the fee reduction described in the foregoing
paragraph shall be implemented only after the City Clerk has been provided evidence that each
of the members of the TVTC (County of Alameda, County of Contra Costa, Town of Danville,
City of Livermore, City of Pleasanton, and City of San Ramon) have reduced the TVTD Fee in
their jurisdictions to $0.
4.5.a
Packet Pg. 82 Attachment: 1. Resolution Reducing the Second Unit Fee in the Tri-Valley Transportation Development Fee Program to $0 (Resetting
3348055.1
PASSED, APPROVED AND ADOPTED this 17th day of September 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
___________________________________ City Clerk
4.5.a
Packet Pg. 83 Attachment: 1. Resolution Reducing the Second Unit Fee in the Tri-Valley Transportation Development Fee Program to $0 (Resetting
4.5.b
Packet Pg. 84 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 85 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 86 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 87 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 88 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 89 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 90 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 91 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 92 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 93 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 94 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 95 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 96 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 97 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 98 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 99 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 100 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 101 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 102 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 103 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 104 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 105 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 106 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 107 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 108 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 109 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 110 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 111 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 112 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.b
Packet Pg. 113 Attachment: 2. Reso 16-19 Supporting the Tri-Valley Cities Housing and Policy Framework (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.c
Packet Pg. 114 Attachment: 3. TVTC Resolution 2019-03 (Resetting Accessory/Secondary Dwelling Unit Fee)
4.5.c
Packet Pg. 115 Attachment: 3. TVTC Resolution 2019-03 (Resetting Accessory/Secondary Dwelling Unit Fee)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Payment Issuance Report and Electronic Funds Transfers
Prepared by: Veronica Briggs, Senior Finance Technician
EXECUTIVE SUMMARY:
The City Council will receive a listing of payments issued from August 1, 2019 –
August 31, 2019 totaling $13,068,113.77.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
SUMMARY OF PAYMENTS ISSUED
August 1, 2019 through August 31, 2019
Total Number of Payments: 386
Total Amount of Payments: $13,068,113.77
DESCRIPTION:
The Payment Issuance Report (Attachment 1) provides a listing of all payments for the
period beginning August 1, 2019 through August 31, 2019. This report is provided in
accordance with the policy adopted November 15, 2011 in Resolution No.189 -11. The
listing of payments has been reviewed in accordance with the policies for processing
payments and expenditures.
The City’s practice of reporting payments to the City Council after the payments have
been made is in compliance with California Government Code Sections 37208 (b) and
(c), which allow for an agency to make payments without first being audited by the
legislative body, as long as such payments are: 1) conforming to a budget approved by
ordinance or resolution of the legislative body; and 2) presented to the legislative body
for ratification and approval in the form of an audited comprehensive annual financial
report.
4.6
Packet Pg. 116
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Payment Issuance Report for August 2019
4.6
Packet Pg. 117
Print Date: 09/03/2019 City of Dublin
Page 1 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/05/2019 ABAG PLAN CORPORATION 14,819.50 ABAG MEMBERSHIP DUES FY19-20
08/05/2019 AFGHAN ELDERLY ASSOCIATION 250.00 REFUND EMERALD GLEN FIELD RENTAL DEPOSIT
08/05/2019 ALAMEDA CO SURPLUS PROP AUTHOR 65,519.41 REIMB TASSAJARA INTERCHANGE ADVANCE COSTS
08/05/2019 ALAMEDA COUNTY ENVIRONMENTAL 2,257.50 HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT
08/05/2019 ALAMEDA COUNTY FIRE DEPARTMENT 1,165,677.16 FIRE SERVICES JUN 2019
08/05/2019 AMP PRINTING, INC. 354.64 BUSINESS CARDS 2,333.28 SHANNON CENTER FOLDERS/REC ACTIVITY PRINTING
Check Total: 2,687.92
08/05/2019 AMY'S ENGRAVED SIGNS & AWARDS 107.01 EMPLOYEE CUBICLE ADA NAME SIGN-ASH
08/05/2019 ANGEL HOUSE CLAY ART 1,050.00 REC CLASS INSTRUCTOR
08/05/2019 ARORA, AKSHAY 9,181.80 REC CLASS INSTRUCTOR
08/05/2019 AT&T - CALNET 3 1,157.15 SERVICE TO 07/12/19 370.00 SERVICE TO 07/14/19
Check Total: 1,527.15
08/05/2019 BAY AREA COMMUNITY RESOURCES 1,000.00 GREEN BUSINESS PROGRAM SUPPORT FY19-20
08/05/2019 BAY ISLAND OFFICIAL ASSOC 1,539.00 SPORTS OFFICIATING SERVICES
08/05/2019 BLAISDELL'S BUSINESS PRODUCTS 9,680.11 OFFICE SUPPLIES JUN 2019
08/05/2019 BRICKS 4 KIDZ 705.60 REC CLASS INSTRUCTOR
08/05/2019 BRINKS, INC. 911.39 ARMORED CAR SERVICE JUL 2019
08/05/2019 BRUNDAGE, ERIK 79.00 REC CLASS CANCELLATION REFUND
08/05/2019 BURRELL, DANA 750.00 REFUND SHANNON CENTER RENTAL DEPOSIT
08/05/2019 BYOG 774.55 REC STAFF & REC CLASS PARTICIPANT SHIRTS
08/05/2019 CENTENO, CAMILLE 2.78 MILEAGE REIMBURSEMENT JUN 2019
08/05/2019 CHINNAPPAN, BALASUBRAMANIAN 98.00 REC CLASS CANCELLATION REFUND
08/05/2019 CLUB V.I.P. 1,428.00 REC CLASS INSTRUCTOR
08/05/2019 CONNAUGHTON, JUDITH A. 1,320.00 REC CLASS INSTRUCTOR
08/05/2019 CONTRA COSTA CO DA'S OFFICE 11,442.96 ASSET SEIZURE FUNDS DISBURSEMENT
08/05/2019 CONTRA COSTA CO DA'S OFFICE 2,695.44 ASSET SEIZURE FUNDS DISBURSEMENT
Vendor Total: 14,138.40
08/05/2019 COX, BARTON 1,344.60 REC CLASS INSTRUCTOR
08/05/2019 DEAF COUNSELING ADVOCACY 4,280.12 COMMUNITY SUPPORT GRANT JAN-JUN 2019
08/05/2019 DESAI, REKHA 750.00 REFUND SHANNON CENTER RENTAL DEPOSIT
08/05/2019 DKS ASSOCIATES 7,620.00 INTERSECTION IMPROVEMENTS FOR BIKE/PED SAFETY
08/05/2019 DUBLIN UNIFIED SCHOOL DISTRICT 1,485.07 STAGER GYM ELECTRICITY 5/14/19-6/12/19
08/05/2019 EASTER SEALS BAY AREA 12,695.00 COMMUNITY SUPPORT GRANT FY18-19
08/05/2019 GARCIA, ASHLEY 126.00 REC CLASS CANCELLATION REFUND
08/05/2019 GARCIA, JUAN 750.00 REFUND SHANNON CENTER RENTAL DEPOSIT
08/05/2019 GEOSYNTEC CONSULTANTS, INC. 2,810.36 GREEN INFRASTRUCTURE/STRMWTR RESOURCE PLAN
08/05/2019 GHD, INC. 324.90 TRAFFIC SAFETY STUDY UPDATE TO 3/31/19
08/05/2019 GIS WORKSHOP LLC 4,995.00 SIGNAL MARKING UPDATES
08/05/2019 GOLDEN BAY CONSTRUCTION, INC. 66,928.07 PED IMPROVEMENTS AVB/STAGECOACH/WILDWOOD
08/05/2019 GOODWIN CONSULTING GROUP, INC. 332.50 CFD SPECIAL TAX ADMINISTRATION CONSULTING SVCS
08/05/2019 GRANITE CONSTRUCTION CO INC. 850,050.27 CONSTRUCTION SVCS-DUBLIN BLVD WIDENING PROJECT
08/05/2019 GURUS EDUCATIONAL SERVICES 5,535.00 REC CLASS INSTRUCTOR
08/05/2019 HAAS, RANDY J. 1,200.00 FARMERS' MARKET CONCERT PERFORMANCE
08/05/2019 HARRELL HARRIS PHOTOGRAPHY 1,200.00 PHOTOGRAPHY SERVICES-SUMMER CAMPS
08/05/2019 IRON MOUNTAIN 195.70 ACAP RECORDS STORAGE JUL 2019
08/05/2019 JORDAN RICHTER SKATEBOARDING 5,049.00 REC CLASS INSTRUCTOR
4.6.a
Packet Pg. 118 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 2 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/05/2019 KIDZ LOVE SOCCER 9,611.10 REC CLASS INSTRUCTOR 8,227.50 REC CLASS INSTRUCTOR
Check Total: 17,838.60
08/05/2019 KING, ARTHUR SCOTT 43.20 REC CLASS INSTRUCTOR
08/05/2019 LEGAL ASSISTANCE FOR SENIORS 985.15 COMMUNITY SUPPORT GRANT JAN-JUN 2019
08/05/2019 MAKE ME A PRO SPORTS 2,700.00 REC CLASS INSTRUCTOR
08/05/2019 MARK THOMAS & COMPANY, INC. 30,418.57 IRON HORSE TRAIL CROSSING DESIGN SVCS JUN 2019
08/05/2019 MARTIAL ARTS AMERICA 1,743.00 REC CLASS INSTRUCTOR
08/05/2019 MARTIN AND THE GREEN GUITAR 350.00 FAMILY CAMPOUT ENTERTAINMENT
08/05/2019 MEREDITH FAMILY INC 3,826.20 REC CLASS INSTRUCTOR
08/05/2019 NOVANI, LLC. 3,069.43 TRAFFIC EQUIPMENT MAINTENANCE
08/05/2019 O'CONNOR, RUNCKEL & O'MALLEY 11,322.00 ASSET SEIZURE FUNDS DISBURSEMENT
08/05/2019 PAKPOUR CONSULTING GROUP, INC. 2,962.50 EASTERN DUBLIN TIF UPDATE JUN 2019
08/05/2019 PSOMAS 290.00 GIS PORTAL DEVELOPMENT SERVICES JUN 2019
08/05/2019 RAJAMANICKAM, RAMESH K 67.00 REC CLASS CANCELLATION REFUND
08/05/2019 REIN, ADAMS & COX, LLP 2,630.00 ASSET SEIZURE FUNDS DISBURSEMENT
08/05/2019 SAMRA, KIRAN 225.00 REC CAMP CANCELLATION REFUND
08/05/2019 SDI PRESENCE, LLC. 6,265.00 ENTERPRISE RESOURCE PLNG SELECTION ASSISTANCE
08/05/2019 SENIOR SUPPORT PROGRAM 1,055.24 COMMUNITY SUPPORT GRANT JUL 2019
08/05/2019 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING SUPPORT JUL 2019
08/05/2019 SQUAD ESTATES 5,329.80 REC CLASS INSTRUCTOR
08/05/2019 STUDIO 8 DANCE & PERFORMING 4,165.80 REC CLASS INSTRUCTOR
08/05/2019 SURE-CLOSE INC. 14,250.00 RESIDENTIAL COMPOST DIVERSION CONTAINERS
08/05/2019 SURF TO SNOW ENVIRONMENTAL 22,040.75 SPILL RESPONSE ASSISTANCE & MRP INSPECTION
08/05/2019 TRAFFICWARE GROUP, INC. 27,000.00 ADAPTIVE TRAFFIC SIGNAL SYSTEM -DOUGHERTY RD 29,979.29 TRAFFIC SIGNAL SYSTEM HARDWARE REPLACEMENT
Check Total: 56,979.29
08/05/2019 UNUM LIFE INS CO OF AMERICA 11,645.97 LIFE AND AD&D PREMIUM - AUG 2019
08/05/2019 WEE HOOP, INC. 2,035.80 REC CLASS INSTRUCTOR
08/05/2019 WU, PATRICIA 35.00 SENIOR CENTER VAN DRIVER MEAL REIMB APR-JUN 2019
08/05/2019 YOUNG, SHANNAN 66.46 MILEAGE REIMBURSEMENT APR 2019 90.12 MILEAGE REIMBURSEMENT JUN 2019 99.49 MILEAGE REIMBURSEMENT MAY 2019
Check Total: 256.07
08/05/2019 YUMANG, LORALIE 750.00 REFUND SHANNON CENTER RENTAL DEPOSIT
Payments Issued 8/5/2019 Total: 2,467,955.24
08/06/2019 PG&E 3,420.31 SERVICE TO 07/09/19 267.40 SERVICE TO 07/10/19 81.34 SERVICE TO 07/11/19 2,398.31 SERVICE TO 07/14/19 1,905.55 SERVICE TO 07/15/19 6,748.08 SERVICE TO 07/16/19 24,065.31 SERVICE TO 07/17/19
Check Total: 38,886.30
Payments Issued 8/6/2019 Total: 38,886.30
4.6.a
Packet Pg. 119 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 3 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/08/2019 U.S. BANK CORPORATE PMT SYSTEM 92.09 ASSOCIATE ENGINEER INTERVIEW PANEL LUNCH 748.95 BOOKS & CERTIFIED ACCESS SPECIALIST DUES-SHREEVE 403.32 CITY COUNCIL SUPPLIES
1,218.86 OFFICE SUPPLIES, PASSPORT TRAINING EXP-MARCOUX
1,150.00 U.S. CONFERENCE OF MAYORS EXPENSE-HAUBERT 1,909.86 DEFENSE COMMUNITIES SUMMIT EXPENSES-GERDES 237.42 DUBLIN PRIDE SUPPLIES 205.92 EMPLOYEE PROCESS SUPPLIES 854.99 FAMILY CAMPOUT AND FARMERS' MARKET SUPPLIES 150.00 GOV'T FINANCE OFFICERS ASSN DUES-BAKSA 1,215.42 HERITAGE CENTER & MUSEUM SUPPLIES 729.57 INTERVIEW PANEL & EMPLOYEE PROCESS SUPPLIES 1,296.22 LIFEGUARD TRAINING & THE WAVE SUPPLIES 618.44 COUNCILMEMBERS EXECUTIVE FORUM EXP-HERNANDEZ
258.23 MEETING WITH CONSUL GENERAL EXPENSE-HAUBERT
45.00 TRANSPORTATION COMMISSION MTG EXP-HAUBERT 3,279.32 NATIONAL NIGHT OUT & POLICE SUPPLIES 2,123.56 NATIONAL NIGHT OUT AND SPLATTER FESTIVAL SUPPLIES 360.50 OFFICE EQUIPMENT 104.11 OFFICE SUPPLIES 30.93 P&CS STAFF TRAINING SUPPLIES 1,104.42 POLICE SUPPLIES 2,020.80 PRESCHOOL SUPPLIES 2,094.85 PRINTING OF CITY FACILITIES RENTAL & EVENTS INFO 300.00 PW ASSN STAFF APPRECIATION LUNCH-2 TABLES OF 8 1,770.52 RECREATION SUPPLIES 1,987.06 REUSABLE KITCHENWARE & DUBLIN PRIDE SUPPIES 885.45 RE-USABLE LUNCH SUPPLIES FOR THE SENIOR CENTER 2,022.77 SHANNON CENTER SUPPLIES/PLAYGROUND UMBRELLAS 2,371.69 THE WAVE ADS & SUPPLIES FOR ART MEETINGS 4,982.46 THE WAVE AND CONCESSION SUPPLIES 3,265.46 THE WAVE OPERATING & CONCESSION SUPPLIES 12.00 TRANSPORTATION COMMISSION MEETING EXP-KHAN
Check Total: 39,850.19
Payments Issued 8/8/2019 Total: 39,850.19
08/09/2019 CAL PERS 77,235.75 PERS RETIREMENT PLAN: PE 8/2/19
08/09/2019 EMPLOYMENT DEVELOPMENT DEPT 17,473.06 CA STATE WITHHOLDING: PE 8/2/19
08/09/2019 EMPLOYMENT DEVELOPMENT DEPT 5,725.00 UNEMPLOYMENT INSURANCE REIMB Q4 FY18-19
08/09/2019 I C M A 401 PLAN 2,177.64 DEFERRED COMP 401A: PE 8/2/19
08/09/2019 I C M A 457 PLAN 25,025.61 DEFERRED COMP 457: PE 8/2/19
08/09/2019 INTERNAL REVENUE SERVICE 57,812.81 FEDERAL WITHHOLDING: PE 8/2/19
4.6.a
Packet Pg. 120 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 4 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/09/2019 US BANK - PARS 5,958.25 PARS: PE 8/2/19
08/09/2019 WAGEWORKS, INC. 5,835.06 WAGEWORKS 2019: PE 8/2/19
Payments Issued 8/9/2019 Total: 197,243.18
08/12/2019 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES JUN 2019
08/12/2019 4LEAF INC. 97,296.00 BUILDING INSPECTION & PLAN CHECK SVCS JUN 2019 2,457.00 BUILDING INSPECTIONS SERVICES-CIP JUN 2019 360.00 ENGINEERING SERVICES JUN 2019
Check Total: 100,113.00
08/12/2019 ADVANCED MOBILITY GROUP 6,352.50 DOUGHERTY RD ADAPTIVE SIGNAL SYSTEM ANALYSIS 2,860.00 SIGHT DISTANCE ANALYSIS AVB/BURTON ST - JUN 2019 7,397.60 TRAFFIC SIGNAL SYSTEMS SUPPORT SVCS - JUN 2019
Check Total: 16,610.10
08/12/2019 ALAMEDA CO SURPLUS PROP AUTHOR 202,415.41 BART GARAGE FEES COLLECTED FY18-19
08/12/2019 ALAMEDA COUNTY ENVIRONMENTAL 834.00 HAZMAT FILING FEE FIRE STATION #16 834.00 SHANNON PARK WATER PLAY AREA ANNUAL PERMIT
Check Total: 1,668.00
08/12/2019 ALAMEDA HEALTH SYSTEM 2,310.00 POLICE MEDICAL EXAM SERVICES
08/12/2019 ALIRIAGWU, SIXTUS 750.00 REFUND SHANNON CENTER RENTAL DEPOSIT
08/12/2019 ALLEN'S AUTOMOTIVE & TOWING IN 360.00 POLICE EVIDENCE TOW 240.00 POLICE VEHICLE TOW
Check Total: 600.00
08/12/2019 AMADOR VALLEY INDUSTRIES LLC 39,757.31 COMMERCIAL RECYCLING PROGRAM REIMBURSEMENT 562.50 COMMERCIAL RECYCLING PROGRAM REIMBURSEMENT
Check Total: 40,319.81
08/12/2019 AMP PRINTING, INC. 114.88 BUSINESS CARDS 1,022.82 PRINTING SVCS - HERITAGE PARK RENTAL BROCHURES 861.87 PRINTING SVCS – DISASTER EMERGENCY BLDG NOTICES
Check Total: 1,999.57
08/12/2019 AMY'S ENGRAVED SIGNS & AWARDS 27.44 EMPLOYEE NAMEPLATE - KLOSS
08/12/2019 ANGEL HOUSE CLAY ART 1,800.00 REC CLASS INSTRUCTOR
08/12/2019 ARAMARK UNIFORM SVC LOCKBOX 39.03 MAT SERVICE SENIOR CENTER JUN 2019 85.82 MAT SERVICE-CORP YARD JUN 2019 78.06 MAT SERVICE-SENIOR CENTER JUN 2019 224.26 MAT SERVICE-SHANNON CENTER JUN 2019
Check Total: 427.17
08/12/2019 ARLEN NESS ENTERPRISE 138.48 REFUND DEVELOPER DEPOSIT
08/12/2019 ARORA, AKSHAY 7,288.80 REC CLASS INSTRUCTOR
08/12/2019 ASSOCIATED ENGINEERING 21,040.00 ENGINEERING SERVICES JUN 2019
08/12/2019 AT&T - CALNET 3 82.95 SERVICE TO 07/14/19 290.57 SERVICE TO 07/26/19 105.29 SERVICE TO 07/27/19 39.51 SERVICE TO 08/01/19
Check Total: 518.32
08/12/2019 AXIS COMMUNITY HEALTH 25,000.00 COMMUNITY SUPPORT GRANT FY18-19
08/12/2019 BAY ALARM COMPANY 95.00 ALARM SERVICES FIRE STATION 16
4.6.a
Packet Pg. 121 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 5 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/12/2019 BAY AREA COMMUNITY RESOURCES 1,000.00 ALAMEDA COUNTY GREEN BUSINESS PRGRM SUPPLIES
08/12/2019 BESS, KENNETH 3,275.00 PARKS SIGN DESIGN SERVICES
08/12/2019 BFS LANDSCAPE ARCHITECTURE 1,750.00 CONCEPT DESIGNS/CONSTRUCTION DOCS FALLON PARK
08/12/2019 BKF ENGINEERS 87,784.26 PRELIMINARY ENGINEERING STUDY DUBLIN BLVD
08/12/2019 BYOG 1,560.23 REC STAFF & REC CLASS PARTICIPANT SHIRTS
08/12/2019 CALIFORNIA SPIRIT ELITE, INC. 3,276.00 REC CLASS INSTRUCTOR
08/12/2019 CALKINS, KEITH 750.00 REFUND SHANNON CENTER RENTAL DEPOSIT
08/12/2019 CHALLENGE ISLAND 4,350.00 REC CLASS INSTRUCTOR
08/12/2019 CHALLENGER SPORTS CORP 2,449.80 REC CLASS INSTRUCTOR
08/12/2019 CHARLES M DOSS DESIGN 622.73 REVISION TO STORMWATER TREATMENT BROCHURE
08/12/2019 CHESS WIZARDS, INC. 3,150.00 REC CLASS INSTRUCTOR
08/12/2019 CHILD CARE LINKS 4,274.65 COMMUNITY SUPPORT GRANT JAN-JUN 2019
08/12/2019 CHS CONSULTING GROUP 2,356.40 TRANSPORTATION ENGINEERING SERVICES JUN 2019 5,469.20 TRANSPORTATION ENGINEERING SERVICES MAR 2019
Check Total: 7,825.60
08/12/2019 CITY SERVE OF THE TRI-VALLEY 700.00 COMMUNITY SUPPORT GRANT MAY-JUN 2019 12,480.00 CRISIS STABILIZATION SVCS FOR THE HOMELESS
Check Total: 13,180.00
08/12/2019 CODE PUBLISHING COMPANY 547.50 MUNICIPAL CODE CODIFICATION
08/12/2019 COIT SERVICES, INC. 250.00 CARPET CLEANING SERVICES-CIVIC CENTER JUL 2019
08/12/2019 COMMUNITY RESOURCES FOR 660.54 COMMUNITY SUPPORT GRANT APR 2019
08/12/2019 CONTRACT SWEEPING SERVICES 17,435.44 STREET SWEEPING SERVICES JUL 2019
08/12/2019 CORWOOD CAR WASH, INC. 920.00 CITY VEHICLE CAR WASHES MAY-JUN 2019
08/12/2019 DARLING INGREDIENTS INC. 274.71 GREASE TRAP CLEANING- SENIOR CENTER
08/12/2019 DUBLIN CAR TEK 95.00 SENIOR CENTER VAN INSPECTION FEES
08/12/2019 DUBLIN CORPORATE CENTER LLC 11,187.74 REIMBURSE PARK & RIDE LOT EXPENSES JAN-JUN 2019
08/12/2019 DUBLIN ICELAND INC. 14,378.00 REC CLASS INSTRUCTOR
08/12/2019 DUBLIN UNIFIED SCHOOL DISTRICT 64.81 STAGER GYM UTILITIES GAS 5/3/19-6/3/19
08/12/2019 DUDE SOLUTIONS INC. 37,145.00 TOTAL COST OF OWNERSHIP PROJECT
08/12/2019 EVERYTHING GROWS INTERIOR 192.77 PLANT SERVICE AUG 2019 192.77 PLANT SERVICE JUL 2019
Check Total: 385.54
08/12/2019 FEDEX 55.65 EXPRESS SHIPPING
08/12/2019 FUN WITH ACADEMICS, LLC 5,911.80 REC CLASS INSTRUCTOR
08/12/2019 GATES & ASSOCIATES, INC., DAVID L. 17,732.59 DESIGN SERVICES-DSG ALL ABILITIES PLAYGROUND
08/12/2019 GOLDEN STATE FLEET SVCS INC 100.00 POLICE VEHICLE TOW
08/12/2019 GRAF, RUEDI 4,015.80 REC CLASS INSTRUCTOR
08/12/2019 GREENPLAY, LLC. 8,869.90 PARKS & RECREATION MASTER PLAN UPDATE
08/12/2019 GUERRERO, ELISA 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND
08/12/2019 HANCHER, EVAN 139.91 THE WAVE EQUIPMENT & MAINTINANCE TOOLS
08/12/2019 HARVEST PROPERTIES 73.80 REFUND DEVELOPER DEPOSIT
08/12/2019 HATZIKOKOLAKIS, JACQUI 35.96 MILEAGE REIMBURSEMENT JUN 2019 31.26 MILEAGE REIMBURSEMENT MAY 2019
Check Total: 67.22
08/12/2019 HOLMES, SHEILA M. 115.20 REC CLASS INSTRUCTOR
08/12/2019 HSI, RON 120.00 REC CLASS INSTRUCTOR
08/12/2019 INTERNATIONAL CODE COUNCIL INC 65.55 BUILDING CODE PUBLICATION
08/12/2019 JOHNSON CONTROLS SECURITY 1,100.44 ALARM MONITORING SERVICES-LIBRARY 1,380.00 FIRE ALARM SERVICES-CIVIC CENTER
4.6.a
Packet Pg. 122 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 6 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
Check Total: 2,480.44
08/12/2019 KASSAB, ZINA 1,224.00 REC CLASS INSTRUCTOR
08/12/2019 KELLER, LINDSAY 663.00 REFUND PRESCHOOL FEES
08/12/2019 KIMLEY-HORN AND ASSOC. INC. 9,472.50 ENGINEERING SERVICES JUN 2019
08/12/2019 KJC EDWARD LLC DBA TAKE1 SPORT 3,168.00 REC CLASS INSTRUCTOR
08/12/2019 LENNAR HOMES 277.66 REFUND DEVELOPER DEPOSIT
08/12/2019 LIVERMORE HARLEY DAVIDSON 1,420.70 POLICE MOTORCYCLE REPAIR
08/12/2019 MANAGEMENT PARTNERS INC. 9,500.00 STRATEGIC PLAN REVIEW
08/12/2019 MEYERS NAVE 82.00 LEGAL SERVICES ASSESSMENT DISTRICTS JUN 2019 51,728.48 LEGAL SERVICES JUN 2019
Check Total: 51,810.48
08/12/2019 MNS ENGINEERS, INC. 30,420.00 PEDESTRIAN IMPROVEMENTS AMADOR VALLEY BLVD
08/12/2019 NWN CORPORATION 43,585.71 POLICE VEHICLE MOBILE DATA TERMINALS
08/12/2019 ORNELLAS, ANGELA 696.00 REFUND PRESCHOOL FEES
08/12/2019 PAKPOUR CONSULTING GROUP, INC. 1,400.00 ENGINEERING SERVICES - CIP JUN 2019 1,575.00 ENGINEERING SERVICES JUN 2019
Check Total: 2,975.00
08/12/2019 PARNES, REBECCA 135.00 REIMBURSE DUBLIN PRIDE CONTEST AWARD SUPPLIES
08/12/2019 PATTERSON LIFT TRUCKS, INC. 238.00 TRACTOR MAINTENANCE
08/12/2019 PGADESIGN INC. 2,782.00 LANDSCAPE ARCHITECTURE SERVICES-CLOVER PARK
08/12/2019 PHOENIX GROUP INFO SYS. 244.25 PARKING CITATION PROCESSING JUN 2019
08/12/2019 QUENCH USA, INC. 895.90 WATER FILTER SYSTEM SERVICES AUG-SEP 2019 895.90 WATER FILTER SYSTEM SERVICES JUN-JUL 2019
Check Total: 1,791.80
08/12/2019 RAHMA MARKET 2,242.96 REFUND DEVELOPER DEPOSIT
08/12/2019 RAMIREZ, DORA 94.65 REPLENISH PETTY CASH-FINANCE DEPT
08/12/2019 RASMUSSEN, ALICIA 55.22 MILEAGE REIMBURSEMENT JUL 2019 38.51 MILEAGE REIMBURSEMENT JUN 2019
Check Total: 93.73
08/12/2019 RAYNE OF SAN JOSE 156.83 WATER SOFTENER SERVICES FIRE STATION 16 175.95 WATER SOFTENER SERVICES FIRE STATION 17 131.85 WATER SOFTENER SERVICES FIRE STATION 18
Check Total: 464.63
08/12/2019 REDDELL, DANIEL E. 297.00 REC CLASS INSTRUCTOR
08/12/2019 RINCON CONSULTANTS, INC. 13,430.25 DEVELOPMENT OF CLIMATE ACTION PLAN 2.0
08/12/2019 RRM DESIGN GROUP, A CA CORP 475.00 ENGINEERING SERVICES JUN 2019
08/12/2019 SAN FRANCISCO ELEVATOR SVC INC 331.00 ELEVATOR MAINTENACE INSPECTIONS 331.00 ELEVATOR SERVICES JUL 2019
Check Total: 662.00
08/12/2019 SELECT IMAGING 200.37 PRINTING SVCS CODE ENFORCEMENT THANK YOU CARDS
08/12/2019 SENIOR SUPPORT PROGRAM 3,378.59 COMMUNITY SUPPORT GRANT APR-JUN 2019
08/12/2019 SNG & ASSOCIATES INC. 15,974.50 ENGINEERING SERVICES JUN 2019
08/12/2019 SQUAD ESTATES 3,129.60 REC CLASS INSTRUCTOR
08/12/2019 STANFORD HEALTH -VALLEYCARE 70.00 PRE-EMPLOYMENT SCREENINGS
08/12/2019 STUDIO BLUE REPROGRAPHICS 1,039.35 PRINTING SERVICES-PARK WAYFINDING PROJECT
08/12/2019 TECHSPLOSION 3,854.40 REC CLASS INSTRUCTOR
08/12/2019 TREASURER ALAMEDA COUNTY 12,178.79 ANIMAL CONTROL FIELD SERVICES APR-JUN 2019 6,653.13 ANIMAL CONTROL FIELD SERVICES JAN-MAR 2019 48,077.99 ANIMAL SHELTER SERVICES APR-JUN 2019
4.6.a
Packet Pg. 123 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 7 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
37,480.95 ANIMAL SHELTER SERVICES JAN-MAR 2019
Check Total: 104,390.86
08/12/2019 TREASURER ALAMEDA COUNTY 2,424.00 PARKING CITATIONS COLLECTED - JUN 2019
08/12/2019 TREASURER ALAMEDA COUNTY 38,110.00 JAIL ACCESS FEES JUN 2019 32,445.00 JAIL ACCESS FEES MAY 2019
Check Total: 70,555.00
08/12/2019 TRI-VALLEY HAVEN, INC 149.32 COMMUNITY SUPPORT GRANT JUN 2019
08/12/2019 TRI-VALLEY JANITORIAL INC. 20,631.45 JANITORIAL SERVICES JUL 2019
08/12/2019 TRI-VALLEY YOUNG PERFORMERS 10,080.00 REC CLASS INSTRUCTOR
08/12/2019 VALI COOPER & ASSOCIATES INC 10,807.06 CONSTRUCTION INSPECTION-2019 SLURRY SEAL PROJ
08/12/2019 VALLEY WINDOW CLEANING INC 820.00 WINDOW CLEANING SERVICES CIVIC CENTER 1,550.00 WINDOW CLEANING-SHANNON CENTER
Check Total: 2,370.00
08/12/2019 WAGEWORKS, INC. 548.75 FLEXIBLE SPENDING ACCOUNT FEES JUL 2019
08/12/2019 WEISS, ROBIN S. 627.00 REC CLASS INSTRUCTOR
08/12/2019 WESTERN PACIFIC SIGNAL LLC 4,695.56 TRAFFIC SIGNAL TECH SUPPORT
Payments Issued 8/12/2019 Total: 1,116,301.64
08/15/2019 PLEASANTON, CITY OF 99,456.89 TVBID FEES FOLLECTED FOR APR-JUN 2019
Payments Issued 8/15/2019 Total: 99,456.89
08/16/2019 ALAMEDA COUNTY FIRE DEPARTMENT 1,174,978.67 FIRE SERVICES AUG 2019
08/16/2019 ALLIANT INSURANCE SVCS INC 7,023.00 FACILITY RENTAL INSURANCE APR-JUN 2019
08/16/2019 AMERICAN ASPHALT REPAIR & 964,677.02 STREET RESURFACING 2019 SLURRY SEAL
08/16/2019 AMP PRINTING, INC. 177.32 BUSINESS CARDS
08/16/2019 ASH, RICH 12.06 MILEAGE REIMBURSEMENT JUL 2019
08/16/2019 ASSOCIATED RIGHT OF WAY SVCS 562.50 RIGHT OF WAY SERVICES-ST. PATRICKS WAY - MAY 2019
08/16/2019 BALLARD, MITCH 3,000.00 FARMERS' MARKET SOUND TECHNICIAN SERVICES
08/16/2019 BAY AREA NEWS GROUP 165.36 LEGAL NOTICES JUN 2019 271.22 LEGAL NOTICES MAY 2019
Check Total: 436.58
08/16/2019 BELLECCI & ASSOCIATES, INC. 19,855.43 DESIGN SUPPORT FOR DUBLIN BLVD WIDENING PROJ
08/16/2019 BERGDOLL, JIM 17.98 MILEAGE REIMBURSEMENT JUN 2019 35.06 MILEAGE REIMBURSEMENT MAY 2019
Check Total: 53.04
08/16/2019 BLAISDELL'S BUSINESS PRODUCTS 6,612.87 OFFICE SUPPLIES
08/16/2019 BLUETOAD, INC. 570.00 FALL/WINTER ACTIVITY GUIDE DIGITAL EDITION
08/16/2019 BSK ASSOCIATES INC. 3,609.00 GEOTECHNICAL SERVICES-CLOVER PARK
08/16/2019 BYOG 2,943.41 REC STAFF & REC CLASS PARTICIPANT SHIRTS
08/16/2019 CASS, MICHAEL 52.00 REIMBURSE LIVESCAN FINGERPRINTING FEES
08/16/2019 CHANDLER ASSET MANAGEMENT 11,270.20 INVESTMENT SERVICES JUL 2019
08/16/2019 COGENT COMMUNICATIONS, INC 2,219.00 CIVIC CENTER INTERNET SERVICE AUG 2019
08/16/2019 COMCAST 2,300.00 CIVIC CENTER & FIRE STATION INTERNET TO 7/31/19
08/16/2019 COMMUNICATION ACADEMY 621.00 REC CLASS INSTRUCTOR 2,523.00 REC CLASS INSTRUCTOR
Check Total: 3,144.00
08/16/2019 CONSOLIDATED ENGINEERING 15,580.90 SOIL TESTING/GEOTECH INSP-DUBLIN BLVD WIDENING
08/16/2019 CONVERGEONE, INC. 1,515.83 PHONE SYSTEM MAINTENANCE AUG 2019
4.6.a
Packet Pg. 124 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 8 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
1,515.83 PHONE SYSTEM MAINTENANCE JUL 2019 1,515.83 PHONE SYSTEM MAINTENANCE SEPT 2019
Check Total: 4,547.49
08/16/2019 DSRSD 17,425.55 SERVICE TO 7/14/2019
08/16/2019 DUBLIN SAN RAMON SERVICES 102,661.00 PLANNING & PERMITTING FEES-CLOVER PARK
08/16/2019 DUBLIN UNIFIED SCHOOL DISTRICT 646.42 STAGER GYM WATER/SEWER USAGE 6/1/19-6/30/19
08/16/2019 EAST BAY POOL SERVICE, INC. 1,117.20 POOL CHEMICALS FOR THE WAVE 19,180.00 POOL MAINTENANCE SERVICES AT THE WAVE
Check Total: 20,297.20
08/16/2019 ENGEO INC 550.50 BACKFILL & COMPACTION TESTING-DUBLIN BLVD PROJ
08/16/2019 FRANCHISE TAX BOARD 467.94 WAGE ASSIGNMENT: PE 8/2/19
08/16/2019 FRANCISCO & ASSOCIATES, INC. 13,609.87 ADMIN/AUDIT FOR VARIOUS CITY ASSESSMENT DISTRICTS
08/16/2019 GARCIA, ASHLEY 224.00 REC CLASS REFUND
08/16/2019 HARRELL HARRIS PHOTOGRAPHY 450.00 PHOTOGRAPHY SERVICES - FAMILY CAMPOUT 1,200.00 PHOTOGRAPHY SERVICES - FARMERS' MARKET 1,350.00 PHOTOGRAPHY SERVICES - SUMMER CAMPS, PICNIC FLIX 600.00 PHOTOGRAPHY SERVICES – THE WAVE ACTIVITIES
Check Total: 3,600.00
08/16/2019 HARRIS & ASSOCIATES 7,582.50 2019 SLURRY SEAL DESIGN JUN 2019
08/16/2019 HDL COREN & CONE 1,684.91 PROPERTY TAX CONSULTING SERVICES JUL-SEP 2019
08/16/2019 HUBER, JENNIFER B. 1,000.00 UTILITY BOX ART PAINTING
08/16/2019 INDIGO/HAMMOND + PLAYLE 11,751.11 ARCHITECTURAL DESIGN-POLICE BLDG RENOVATIONS
08/16/2019 JACKMAN, SHARI 21.69 MILEAGE REIMBURSEMENT JUL 2019 8.58 MILEAGE REIMBURSEMENT JUN 2019
Check Total: 30.27
08/16/2019 KHAN, OBAID 430.17 REIMB TRAFFIC ENGINEERS CONF EXPENSES-KHAN
08/16/2019 KLUBER ASSOCIATES, INC 580.00 ENGINEERING SERVICES APR-JUN 2019
08/16/2019 KNORR SYSTEMS, INC. 340.00 THE WAVE POOL HEATER REPAIR
08/16/2019 LANGUAGE LINE SERVICES 81.65 LANGUAGE LINE SERVICES JUL 2019
08/16/2019 LANLOGIC INC. 4,625.00 INFORMATION SYSTEMS CONSULTING SVCS JUL 2019 1,050.00 MALWARE SOFTWARE MONITORING JUL 2019 1,825.93 NETWORK CABLING SUPPORT JUL 2019 425.00 NETWORK MONITORING SERVICES JUL 2019 2,610.00 PUBLIC SAFETY BUILDING PROJECT SUPPORT JUL 2019
Check Total: 10,535.93
08/16/2019 LESLIE'S POOLMART, INC. 203.66 THE WAVE POOL SUPPLIES
08/16/2019 MINUTEMAN PRESS 1,388.73 NOTICE TO RESIDENTS OF IRON HORSE TRAIL CONSTR 1,553.34 POSTCARD MAILING- NOTIFY OF CFD PUBLIC HEARINGS
Check Total: 2,942.07
08/16/2019 MNS ENGINEERS, INC. 23,800.00 ENGINEERING SERVICES APR 2019 34,720.00 ENGINEERING SERVICES FEB 2019 35,070.00 ENGINEERING SERVICES JAN 2019 25,060.00 ENGINEERING SERVICES JUN 2019 22,050.00 ENGINEERING SERVICES MAR 2019 21,840.00 ENGINEERING SERVICES MAY 2019
Check Total: 162,540.00
08/16/2019 MVP DEVELOPMENT LLC 5,035.89 REFUND DEVELOPER DEPOSIT
4.6.a
Packet Pg. 125 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 9 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/16/2019 PAKPOUR CONSULTING GROUP, INC. 13,305.00 ENGINEERING SERVICES JUN 2019
08/16/2019 PGADESIGN INC. 5,679.44 LANDSCAPE ARCHITECTURE MAPE PARK PLAYGROUND 4,112.50 LANDSCAPE ARCHITECTURE CLOVER PARK
Check Total: 9,791.94
08/16/2019 PRESERVATION ARTS, LLC 750.00 PUBLIC ART ASSESSMENT-JORDAN RANCH
08/16/2019 REAL MANAGE 60.52 REFUND DEVELOPER DEPOSIT
08/16/2019 ROTARY CLUB OF DUBLIN, CA 540.00 ANNUAL ROTARY DUES - HAUBERT 540.00 ANNUAL ROTARY DUES - HERNANDEZ 540.00 ANNUAL ROTARY DUES - SMITH
Check Total: 1,620.00
08/16/2019 ROTH STAFFING COMPANIES, L.P. 612.00 TEMPORARY ASSISTANCE- FINANCE DEPT
08/16/2019 SAN RAMON, CITY OF 142,292.23 DRFA WORKERS COMP/MEDICAL BENEFITS APR-JUN 2019
08/16/2019 SHAMROCK OFFICE SOLUTIONS, LLC 3,407.25 COPIER OVERAGES JUL 2019
08/16/2019 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING SUPPORT AUG 2019
08/16/2019 SPECIAL EVENTS 1,402.50 FARMERS' MARKET EQUIPMENT RENTAL 7/11/19 1,096.50 FARMERS' MARKET EQUIPMENT RENTAL 7/18/19
Check Total: 2,499.00
08/16/2019 T-MOBILE USA, INC. 1,254.22 CELL PHONE SERVICES JUL 2019
08/16/2019 TREASURER ALAMEDA COUNTY 3,750,964.52 POLICE SERVICES 4/21/19 - 6/29/19
08/16/2019 TREASURER ALAMEDA COUNTY 12,131.79 FUEL JUN 2019
08/16/2019 TREASURER ALAMEDA COUNTY 46,166.21 SIGNAL & STREET LIGHT MAINTENANCE APR 2019 37,917.30 SIGNAL & STREET LIGHT MAINTENANCE JUN 2019 46,648.98 SIGNAL & STREET LIGHT MAINTENANCE MAY 2019
Check Total: 130,732.49
08/16/2019 TRI-VALLEY COMMUNITY TV 1,320.63 RECORD/TELEVISE CITY COUNCIL & PLNG MTGS
08/16/2019 TRI-VALLEY JANITORIAL INC. 4,733.00 JANITORIAL SUPPLIES JUN 2019
08/16/2019 TRI-VALLEY OMINOUS WARNING 250.00 FALLON SPORTS PARK FIELD RENTAL DEPOSIT
08/16/2019 U.S. DEPT. OF EDUCATION AWG 449.93 WAGE GARNISHMENT: PE 8/2/19
08/16/2019 US FOODS, INC. 1,115.08 THE WAVE CONCESSION SUPPLIES
08/16/2019 VILLAGE MUSIC SCHOOL 5,654.40 REC CLASS INSTRUCTOR
08/16/2019 VSI RISK MGMT & ERGONOMICS INC 1,944.75 ERGONOMIC EVALUATIONS
08/16/2019 ZOOMGRANTS 4,500.00 ZOOM GRANTS ANNUAL SUBSCRIPTION
Payments Issued 8/16/2019 Total: 6,678,733.88
08/22/2019 ALAMEDA COUNTY CLERK 3,271.00 NOTICE OF DETERMINATION EIR STATE FILING FEE ST0216
08/22/2019 ALAMEDA COUNTY CLERK 50.00 ENVIRONMENTAL DECLARATION FILING FEE PK0518
08/22/2019 ALAMEDA COUNTY CLERK 50.00 ENVIRONMENTAL DECLARATION FILING FEE ST0216
Vendor Total: 3,371.00
Payments Issued 8/22/2019 Total: 3,371.00
08/23/2019 SELECT IMAGING 2,361.70 BUSINESS LICENSE RENEWAL PRINTING & MAILING
Payments Issued 8/23/2019 Total: 2,361.70
08/26/2019 ACTIVE NETWORKS, LLC 18,126.92 RECREATION SOFTWARE UPGRADE
08/26/2019 ALAMEDA CO SHERIFF'S OFFICE 25.56 PRINTING SERVICES JUL 2019
08/26/2019 ALAMEDA COUNTY INFO TECH DEPT 2,400.00 GIS IMAGERY FY19-20
4.6.a
Packet Pg. 126 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 10 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
08/26/2019 AMP PRINTING, INC. 2,877.97 REC ACTIVITY GUIDE POSTCARD PRINTING 129.25 THE WAVE SIGN PRINTING
Check Total: 3,007.22
08/26/2019 AMY'S ENGRAVED SIGNS & AWARDS 82.31 EMPLOYEE NAMEPLATE - WHEELER
08/26/2019 ARAMARK UNIFORM SVC LOCKBOX 75.07 MAT SERVICE CIVIC CENTER AUG 2019 42.91 MAT SERVICE-CORP YARD AUG 2019 39.03 MAT SERVICE-SENIOR CENTER AUG 2019 69.22 MAT SERVICE-SHANNON CENTER AUG 2019
Check Total: 226.23
08/26/2019 ARLEN NESS ENTERPRISE 2,501.84 POLICE VEHICLE MAINTENANCE
08/26/2019 BAY ALARM COMPANY 228.09 ALARM SERVICES-CIVIC CENTER JUL-SEP 2019 107.67 ALARM SERVICES-CIVIC CENTER JUL-SEPT 2019 600.00 ALARM SERVICES-CORP YARD JUL-SEP 2019 172.50 ALARM SERVICES-FIRE STATION 16 JUL-SEP 2019 237.75 ALARM SERVICES-FIRE STATION 17 JUL-SEP 2019 2,208.18 ALARM SERVICES-HERITAGE PARK JUL-SEP 2019 355.05 ALARM SERVICES-POLICE JUL-SEP 2019 628.71 ALARM SERVICES-SENIOR CENTER JUL-SEP 2019 894.21 ALARM SERVICES-SHANNON CENTER JUL-SEP 2019 375.06 ALARM SERVICES-SHANNON CENTER JUL-SEP 2019 390.00 ALARM SERVICES-THE WAVE JUL-SEP 2019 1,680.00 ALARM SERVICES-THE WAVE JUL-SEP 2019
Check Total: 7,877.22
08/26/2019 BAY AREA NEWS GROUP 99.90 PLANNING LEGAL NOTICES - JUL 2019
08/26/2019 BESS, KENNETH 3,300.00 DESIGN WAYFINDING SIGNS-FALLON SPORTS PARK
08/26/2019 BHATNAGER, MAYANK 112.00 REC CLASS CANCELLATION REFUND
08/26/2019 BIG O TIRES #7 627.07 POLICE VEHICLE MAINTENANCE
08/26/2019 CALIFORNIA BANK OF COMMERCE 52,133.12 RETENTION DEPOSIT-PUBLIC SAFETY COMPLEX
08/26/2019 CENTENO, CAMILLE 2.78 MILEAGE REIMBURSEMENT - JUL 2019
08/26/2019 CHAN, ROSA 414.00 REC CLASS INSTRUCTOR
08/26/2019 CINTAS CORP 119.30 FIRST AID KIT SUPPLIES
08/26/2019 CLEVENGER, MARISSA 17.52 MILEAGE REIMBURSEMENT JUL 2019
08/26/2019 COIT SERVICES, INC. 469.00 CARPET CLEANING SERVICES-CIVIC CENTER JUL 2019 734.00 CARPET CLEANING SVCS-SHANNON CENTER AUG 2019
Check Total: 1,203.00
08/26/2019 COMCAST 1,286.82 INTERNET/CABLE SVCS VARIOUS CITY DEPTS AUG 2019
08/26/2019 COPWARE, INC 85.00 2020 LEGAL SOURCEBOOK RENEWAL
08/26/2019 DEPARTMENT OF JUSTICE 591.00 FINGERPRINTING SERVICES JUL 2019
08/26/2019 DIPPIN' DOTS, L.L.C. 1,056.08 ICE CREAM CONCESSION AT THE WAVE
08/26/2019 DIZON, EUNICE 104.00 REC CLASS REFUND
08/26/2019 DUTCHOVER & ASSOCIATES 2,722.50 LANDSCAPE PLAN CHECK & INSPECTIONS JUL 2019
08/26/2019 ELLIOTT, ELIZABETH 47.39 MILEAGE REIMBURSEMENT JUL 2019
08/26/2019 FOSTER CITY, CITY OF 3,500.00 CALOPPS ANNUAL FEE FY19-20
08/26/2019 GARCIA, ASHLEY 144.00 REC CLASS CANCELLATION REFUND
08/26/2019 GRAFIX SHOPPE 569.00 POLICE VEHICLE DECALS
08/26/2019 GREENPLAY, LLC. 8,129.40 PARKS & RECREATION MASTER PLAN UPDATE
08/26/2019 HANCHER, EVAN 43.50 MILEAGE REIMBURSEMENT- JUL 2019
4.6.a
Packet Pg. 127 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 11 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
140.72 REIMB THE WAVE MAINTENANCE TOOLS
Check Total: 184.22
08/26/2019 INTERNATIONAL CODE COUNCIL INC 203.70 BUILDING CODE BOOKS
08/26/2019 IRON MOUNTAIN 195.70 ACAP RECORDS STORAGE AUG 2019 372.85 POLICE RECORDS STORAGE AUG 2019 629.88 POLICE RECORDS STORAGE JUL 2019
Check Total: 1,198.43
08/26/2019 JOCHNER, RICH 33.93 MILEAGE REIMBURSEMENT- JUL 2019
08/26/2019 KAMAT, AMAR 219.00 REC CLASS CANCELLATION REFUND
08/26/2019 KLUBER ASSOCIATES, INC 2,604.75 LANDSCAPE PLAN CHECK & INSPECTION SVCS -JUL 2019
08/26/2019 LEAGUE OF CALIFORNIA CITIES 50.00 EAST BAY DIVISION MEETING - HAUBERT
08/26/2019 LEHR AUTO 681.10 POLICE VEHICLE MAINTENANCE & REPAIR
08/26/2019 LIANG, SIWEI 189.00 REC CAMP REFUND
08/26/2019 LIVERMORE AUTO GROUP 9,595.41 POLICE VEHICLE MAINTENANCE & REPAIR
08/26/2019 MANAGEMENT PARTNERS INC. 2,500.00 CITY MANAGER EVALUATION SERVICES
08/26/2019 MCE CORPORATION 482,504.07 BUILDING MAINTENANCE JUL 2019 9,497.42 LANDSCAPE MAINTENANCE DSRSD JUL 2019
Check Total: 492,001.49
08/26/2019 MEIN, STEPHANIE 40.48 MILEAGE REIMBURSEMENT - JUL 2019 53.42 MILEAGE REIMBURSEMENT - JUN 2019
Check Total: 93.90
08/26/2019 NATIONAL AQUATIC SAFETY CO LLC 1,662.00 THE WAVE LIFEGUARD AUDITING SERVICES
08/26/2019 ONE WORKPLACE L. FERRARI LLC 33,670.56 OFFICE FURNITURE - ADMIN SERVICES DEPT
08/26/2019 PAKPOUR CONSULTING GROUP, INC. 177.00 2019 SLURRY SEAL PROJECT MANAGEMENT 8,938.50 PROJ MGMT SVCS-DSG ALL ABILITIES PLAYGROUND
Check Total: 9,115.50
08/26/2019 PG&E 4,152.75 SERVICE TO 07/25/19 120.82 SERVICE TO 07/26/19 447.16 SERVICE TO 07/30/19 9,353.95 SERVICE TO 07/31/19 69,214.52 SERVICE TO 08/01/19
Check Total: 83,289.20
08/26/2019 RAJAMANICKAM, RAMESH K 90.00 REC CLASS REFUND
08/26/2019 RAYNE OF SAN JOSE 156.83 WATER SOFTENER SERVICES FIRE STATION 16 131.85 WATER SOFTENER SERVICES FIRE STATION 18
Check Total: 288.68
08/26/2019 ROTH STAFFING COMPANIES, L.P. 328.58 TEMPORARY ASSISTANCE- FINANCE DEPT
08/26/2019 SAN RAMON TOW INC 245.00 POLICE EVIDENCE TOW
08/26/2019 SAUSAL CORPORATION 992,429.29 PUBLIC SAFETY COMPLEX CONSTRUCTION SERVICES
08/26/2019 SELECT IMAGING 366.82 CITY LOGO’D SHIRTS
08/26/2019 SHAMROCK OFFICE SOLUTIONS, LLC 25.66 COPIER OVERAGES AUG 2019 32,379.52 REPLACEMENT COPIERS
Check Total: 32,405.18
08/26/2019 SIERRA DISPLAY, INC. 306.00 BANNER INSTALLATION & CHANGE-OUT SERVICES
08/26/2019 STONERIDGE CHRYSLER JEEP DODGE 6,148.99 POLICE VEHICLE MAINTENANCE & REPAIR
08/26/2019 SWANK MOTION PICTURES INC 1,128.00 MOVIE RENTAL - OUTDOOR MOVIE NIGHT
08/26/2019 TPX COMMUNICATIONS 2,796.39 INTERNET & PHONE SVCS TO 08/08/19
08/26/2019 TREASURER ALAMEDA COUNTY 5,095.75 CRIME LAB SERVICES JUL 2019
08/26/2019 TRI-SIGNAL INTEGRATION INC 126.00 FIRE ALARM TESTING-FIRE STATIONS AUG-OCT 2019
4.6.a
Packet Pg. 128 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Print Date: 09/03/2019 City of Dublin
Page 12 of 12 Payment Issuance Report
Payments Dated 8/1/2019 through 8/31/2019
Date Issued Payee Amount Description
323.75 FIRE ALARM TESTING-LIBRARY AUG-OCT 2019
Check Total: 449.75
08/26/2019 TYLER TECHNOLOGIES, INC. 800.00 BUSINESS LICENSE REPORT MODIFICATON 800.00 PERMIT APPLICATION FORM UPDATE
Check Total: 1,600.00
08/26/2019 UNITED SITE SERVICES OF CA INC 630.85 PORTABLE TRAILER DISPOSAL SERVICES AUG 2019 630.85 PORTABLE TRAILER DISPOSAL SERVICES JUL 2019
Check Total: 1,261.70
08/26/2019 VERIZON WIRELESS 2,084.62 POLICE CELL PHONE SERVICE TO 08/03/19 2,083.10 POLICE SITCAM SIM CARD SERVICE TO 08/03/19
Check Total: 4,167.72
08/26/2019 WC3-WEST COAST CODE CONSULTANT 8,235.00 PLAN CHECK SERVICES JUL 2019
08/26/2019 WEBER, DANIEL 29.81 MILEAGE REIMBURSEMENT- JUL 2019
08/26/2019 WEI, XIN 112.00 REC CLASS CANCELLATION REFUND
08/26/2019 WESCO GRAPHICS INC 3,603.49 CITY ANNUAL REPORT PRINTING 9,614.95 REC ACTIVITY GUIDE PRINTING
Check Total: 13,218.44
Payments Issued 8/26/2019 Total: 1,818,506.47
08/28/2019 US FOODS, INC. 19,095.97 THE WAVE CONCESSION SUPPLIES
Payments Issued 8/28/2019 Total: 19,095.97
08/30/2019 DSRSD 426,318.83 SERVICE TO 7/31/2019
08/30/2019 RETIREES 160,032.48 REIMBURSE RETIREE MEDICAL OCT-DEC 2019
Payments Issued 8/30/2019 Total: 586,351.31
Grand Total for Payments Dated 8/1/2019 through 8/31/2019: 13,068,113.77 Total Number of Payments Issued: 386
4.6.a
Packet Pg. 129 Attachment: 1. Payment Issuance Report for August 2019 (Payment Issuance Report for August 2019)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Annual Review of City’s Investment Policy
Prepared by: Jay Baksa, Financial Analyst
EXECUTIVE SUMMARY:
The City Council will review the City’s Investment Policy (Policy), including three
changes proposed this year to align the Policy with the California Government Code.
The City Council will also confirm the designated positions authorized to complete
investment transactions. While not required by statute, annual review of a local
agency’s investment policy is recommended by the California Debt and Investment
Advisory Commission and is included as a requirement in the City Policy.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the 2019 Annual Review of Investment Policy and
Delegation of Authority to Complete Investment Transactions.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The current Investment Policy (Policy), adopted on August 21, 20 07, states that it is
subject to annual review by the City Council and that the review shall be conducted by
the second meeting in September (Section XVIII). The Policy was last revised on
September 5, 2017, to include a new type of investment class, Supra nationals, to the
City’s eligible investments, and to add clarifying language to differentiate the parameters
of investing in Mutual Funds and Money Market Mutual Funds.
After consultation with the City’s investment advisor, Chandler Asset Management
(Chandler), the 2019 Annual Review of Investment Policy proposes the following three
changes.
Revised Section I - Introduction/ Section 3 - Objectives/ Section XIV - Investment Risk
Staff recommends updating the investment objectives to safety, liquidity a nd return
4.7
Packet Pg. 130
Page 2 of 2
instead of safety, liquidity and yield to be more consistent with California Government
Code.
Revised Section IX - Authorized and Suitable Investments - Asset-Backed, Mortgage-
Backed and Collateralized Obligation Securities.
California Government Code section 53601 was amended effective January 1, 2019
with passing of AB 1770, which eliminated the requirement for the issuer to have an “A”
or higher rating. Chandler is recommending all their clients adopt the change noting that
the Chandler team will continue to thoroughly review the underlying credit quality of all
securities in the City’s portfolio for suitability.
Revised Section XIV - Investment Risk - Credit Risk
To be consistent with the California Government Code, Staff is recommending that
Supranational securities be added to the list of asset types that are excluded from the
5% per issuer rule.
No Change to the Delegation of Authority
Section IV of the Policy continues to specifically designate the Administrative Services
Director as the City Treasurer and the City Manager and/or Assistant Administrative
Services Director as the Deputy City Treasurer.
The attached Resolution documents the annual review and confirms the delegation of
authority to Staff to complete investment transactions. The Policy is attached as Exhibit
A to the Resolution. A red-lined version of the existing policy, with the recommended
revisions, is included as Attachment 3 to this report.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Adopting the 2019 Annual Review of Investment Policy and Delegation of
Authority to Complete Investment Transactions
2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin
3. Statement of Investment Policy for the CIty of Dublin (Redline)
4.7
Packet Pg. 131
ATTACHMENT 1
RESOLUTION NO. xx - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
ADOPTING THE 2019 ANNUAL REVIEW OF INVESTMENT POLICY AND
DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS
WHEREAS, on August 21, 2007 the City Council adopted Resolution 152 -07 approving a City
Investment Policy (Policy); and
WHEREAS, Section XVIII of the Policy requires an annual review by the City Council no later
than the second meeting in September; and
WHEREAS, the last modification to the policy was approved by the Council at the City Council
meeting of September 5, 2017; and
WHEREAS, the focus of the annual review is to allow for any adjustments as a result of changes
in State laws or other recommended modifications; and
WHEREAS, consistent with the provisions of Government Code Section 53607, the Policy
provides for the City Council to delegate for a one-year period the authority to invest City funds to the
City Treasurer and any duly appointed Deputy City Treasurer; and
WHEREAS, Staff recommended three changes be made to the Policy to align the Policy with
the California Government Code; and
WHEREAS, the City Council reviewed the Investment Policy at the September 17, 2019
meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
in accordance with California Government Code 53646(a)(2) conclude the 2019 Annual Review of the
Investment Policy, as attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council action explicitly renews the delegation of
authority to complete investment transactions by City Staff (Administrative Services Director designated
as the City Treasurer and the City Manager and/or Assistant Administrative Services Director shall be
designated as the Deputy City Treasurer), as described in Section IV of the Policy.
PASSED, APPROVED AND ADOPTED this day of September 17, 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Mayor
ATTEST:
_______________________________________
4.7.a
Packet Pg. 132 Attachment: 1. Resolution Adopting the 2019 Annual Review of Investment Policy and Delegation of Authority to Complete Investment
ATTACHMENT 1
City Clerk
4.7.a
Packet Pg. 133 Attachment: 1. Resolution Adopting the 2019 Annual Review of Investment Policy and Delegation of Authority to Complete Investment
EXHIBIT A
STATEMENT OF INVESTMENT POLICY FOR THE CITY OF DUBLIN
I. INTRODUCTION
This Statement of Investment Policy is intended to identify various policies and
procedures that will foster a prudent and systematic investment program designed to
seek the City's objectives of safety, liquidity and return through a diversified investment
portfolio. This policy also serves to organize and formalize the City's investment-related
activities, while complying with all applicable status governing the investment of public
funds.
II. SCOPE
This policy covers all funds and investment activities under the direct authority of the
City of Dublin, as set forth in the State Government Code, sections 53600 et seq.,
excluding any bond- related proceeds or reserves, which are governed by their bond
indentures. Cash held by the City shall be pooled in order to more effectively manage
City cash resources. All pooled funds are accounted for in the City's Comprehensive
Annual Financial Report and include:
Funds
General Fund
Special Revenue
Funds Capital
Project Funds
Internal Service
Funds Enterprise
Funds Agency Funds
This investment policy is endorsed and adopted by the City of Dublin (the "City"),
effective as of September 16, 2014, and replaces any previous versions.
III. OBJECTIVES
The overall program shall be designed and managed with a degree of professionalism
worthy of the public trust. The primary objectives, in order of priority, of the City's
investment activities shall be:
I) Safety: Safety of principal is the foremost objective of the investment program.
The City's investments shall be undertaken in a manner that seeks to safeguard
the principal of the funds under its control by maintaining an appropriate risk
level.
4.7.b
Packet Pg. 134 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
2
2) Liquidity: The City's investment portfolio will remain sufficiently liquid to enable
the City to meet its reasonably anticipated cash flow requirements.
3) Return: Return should become a consideration only after the basic requirements
of safety and liquidity have been met. The City seeks to attain market average
rate of return on its investments throughout economic cycles, consistent with
constraints imposed by its safety objectives and cash flow considerations.
4) Diversification: The investment portfolio will be diversified to avoid incurring
unreasonable and avoidable risks regarding specific security types or individual
financial institutions. This shall also conform with applicable sections of the
Government Code.
IV. DELEGATION OF AUTHORITY
As authorized in Government Code Section 53607, the City Council delegates the
authority to invest funds of the City to the City Treasurer and/or any duly appointed
Deputy City Treasurer. The City Treasurer and any duly appointed Deputy City
Treasurer shall make all investment decisions and transactions in strict accordance
with State law and this investment policy. The Administrative Services Director shall
be designated as the City Treasurer and the City Manager and/or Assistant
Administrative Services Director shall be designated as the Deputy City Treasurer.
This delegation shall be for a one-year period until the delegation of authority is
revoked or expires. The City Council may renew the authority each year as part of
an annual review of this policy.
The City Treasurer shall establish procedures for the operation of the investment
program. The City Treasurer shall be also responsible for all transactions undertaken
and establishing a system of controls to regulate the activities of subordinates.
The City recognizes that in a diversified portfolio, occasional measured losses may be
inevitable and must be considered within the context of the overall portfolio's return
and the cash flow requirements of the City. Authorized individuals acting in accordance
with written procedures and the investment policy and exercising due diligence shall
be relieved of personal responsibility for an individual security's credit risk or market
price changes, provided deviations from expectations are reported in a timely fashion
and appropriate action is taken to control adverse developments.
The City may engage the services of one or more external investment managers to
assist in the management of the City's investment portfolio in a manner consistent
with the City's objectives. Such external managers may be granted discretion to
purchase and sell investment securities in accordance with this investment policy.
Such managers must be registered under the Investment Advisors Act of 1940.
4.7.b
Packet Pg. 135 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
3
V. PRUDENCE
Pursuant to California Government Code Section 53600.3, all persons authorized to
make investment decisions on behalf of the City are trustees and therefore fiduciaries
subject to the prudent investor standard: "When investing, reinvesting, purchasing,
acquiring, exchanging, selling, or managing public funds, a trustee shall act with care,
skill, prudence, and diligence under the circumstances then prevailing, including, but
not limited to, the general economic conditions and the anticipated needs of the agency,
that a prudent person acting in a like capacity and familiarity with those matters would
use in the conduct of funds of a like character and with like aims, to safeguard the
principal and maintain the liquidity needs of the agency."
VI. ETHICS AND CONFLICTS OF INTEREST
All participants in the investment process shall acts as custodians of the public trust.
Investment officials shall recognize that the investment portfolio is subject to public
review and evaluation. The overall program shall be designed and managed with a
degree of professionalism that is worthy of the public trust. Thus employees and officials
involved in the investment process shall refrain from personal business activity that
conflicts with proper execution of the investment program, or impairs their ability to
make impartial investment decisions. Additionally, the City Treasurer and the Deputy
Treasurer shall file applicable financial disclosures as required by the Fair Political
Practices Commission (FPPC).
VII. INTERNAL CONTROLS
The Treasurer is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the entity are protected from loss, theft
or misuse. The internal control structure shall be designed to provide reasonable
assurance that these objectives are met. The concept of reasonable assurance
recognizes that (1) the cost of a control should not exceed the benefits likely to be
derived; and (2) the valuation of costs and benefits requires estimates and judgments
by management. Periodically as deemed appropriate by City Management and/or the
City Council an independent analysis by an external auditor shall be conducted to
review internal controls, account activity and compliance with policies and procedures.
VIII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
To the extent practical the Treasurer shall endeavor to complete investment
transactions using a competitive bid process whenever possible. It shall be the City's
policy to purchase securities only from authorized institutions and firms. No deposit of
public funds shall be made except in a qualified public depository as established by
state laws.
4.7.b
Packet Pg. 136 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
4
Institutions eligible to transact investment business with the City include:
1. Primary government dealers as designated by the Federal Reserve Bank and
non-primary government dealers
2. Nationally or state chartered banks
3. The Federal Reserve Bank
4. Direct issuers of securities eligible for purchase
The Treasurer shall maintain procedures for the establishing a list of authorized
broker/dealers and financial institutions which are approved for investment purposes.
These may include primary or regional dealers that qualify under Securities & Exchange
Commission Rule 15C3-l (uniform net capital rule). The City requires each firm that will
be used for the purchase or sale of securities to be evaluated by the Treasurer prior to
any investments. The firms shall submit current financial statements, and annual
audited financial statements each year thereafter, which are to be evaluated by the
Treasurer. At a minimum, the firm must be financially sound and have been in business
a minimum of three years. In addition, the firms must provide: proof of National
Association of Security Dealers membership, proof of state registration or exemption,
and certificate of having read the City's investment policy.
If an investment adviser is retained by the City, then that adviser will be permitted
to use their own list of approved broker/dealers and financial institutions for investment
purposes.
IX. AUTHORIZED AND SUITABLE INVESTMENTS
The City's investments are governed by Government Code, Sections 53600 et seq.
Within the investments permitted by the Government Code, the City seeks to further
restrict eligible investments to the guidelines listed below. In the event an apparent
discrepancy is found between this Policy and the Government Code, the more restrictive
parameters will take precedence. Percentage holding limits listed in this section apply
at the time the security is purchased. Any investment currently held at the time the
Policy is adopted which does not meet the new Policy guidelines can be held until
maturity, and shall be exempt from the current Policy. At the time of the investment's
maturity or liquidation such funds shall be reinvested only as provided in the most
current Policy.
An appropriate risk level shall be maintained by primarily purchasing securities that
are of high quality, liquid, and marketable. The portfolio shall be diversified by security
type and institution to avoid incurring unreasonable and avoidable risks regarding
specific security types or individual financial institutions.
4.7.b
Packet Pg. 137 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
5
1. United States Treasury Issues. United States Treasury notes, bonds, bills, or
certificates of indebtedness, or those for which the faith and credit of the United
States are pledged for the payment of principal and interest. There is no limitation
as to the percentage of the portfolio that may be invested in this category. The
maximum maturity of these securities is five years.
2. Federal Agency Obligations. Federal agency or United States government-sponsored
enterprise obligations, participations, or other instruments, including those issued
by or fully guaranteed as to principal and interest by federal agencies or United
States government- sponsored enterprises. There is no limitation as to the
percentage of the portfolio that may be invested in this category. However, the
portfolio's exposure to any one federal agency issuer is limited to 35 percent of the
overall portfolio. The limit of the overall portfolio's exposure to callable federal agency
securities is 25 percent. The maximum maturity for agency securities is five years.
3. Bankers' Acceptances. Bankers' acceptances, otherwise known as bills of exchange
or time drafts, that are drawn on and accepted by a commercial bank. Bankers'
acceptances must be secured by the irrevocable primary obligation of the accepting
domestic bank. Purchasers are limited to issuers whose short-term debt is rated "A-
1" or higher, or the equivalent, by a Nationally Recognized Statistical-Rating
Organization (NRSRO). Bankers' acceptances cannot exceed a maturity of 180
days. A maximum of 40 percent of the portfolio may be invested in this category.
The amount invested in bankers' acceptances with any one financial institution in
combination with any other debt from that financial institution shall not exceed 20
percent of the portfolio.
4. Commercial Paper. Commercial paper of "prime" quality rated "A-1" or higher, or
the equivalent, by a NRSRO. The entity that issues the commercial paper shall
meet all of the following conditions in either paragraph (A) or paragraph (B):
(A) The entity meets the following criteria: (i) Is organized and operating in the
United States as a general corporation. (ii) Has total assets in excess of five
hundred million dollars ($500,000,000). (iii) Has debt other than commercial
paper, if any, that is rated "A" or higher by a nationally recognized statistical-
rating organization.
(B) The entity meets the following criteria: (i) Is organized within the United States
as a special purpose corporation, trust, or limited liability company. (ii) Has
program wide credit enhancements including, but not limited to, over
collateralization, letters of credit, or surety bond. (iii) Has commercial paper
that is rated "A-1" or higher, or the equivalent, by a nationally recognized
statistical-rating organization.
4.7.b
Packet Pg. 138 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
6
Eligible commercial paper shall have a maximum maturity of 270 days or less and
not represent more than 10 percent of the outstanding paper of an issuing
corporation. A maximum of 25 percent of the portfolio may be invested in this
category. The amount invested in commercial paper of any one issuer in
combination with any other debt from that issuer shall not exceed 20 percent of the
portfolio.
5. Negotiable Certificates of Deposit. Negotiable certificates of deposit (NCDs)
issued by a nationally or state-chartered bank, a savings association or a federal
association, a state or federal credit union, or by a state-licensed branch of a
foreign bank. Purchases are limited to institutions which have long-term debt rated
"A" or better and/or have short-term debt rated at least "A-1" or higher, or the
equivalent by a NRSRO. A maximum of 30 percent of the portfolio may be
invested in this category. The amount invested in NCDs with any one financial
institution in combination with any other debt from that financial institution shall not
exceed 20 percent of the portfolio. The maximum maturity of these securities is five
years.
6. Time Certificates of Deposit. Time Certificates of Deposit (TCDs) placed with
commercial banks and savings and loans. The purchase of TCDs from out-of-state
banks or savings and loans is prohibited. The amount on deposit shall not exceed
the shareholder's equity in the financial institution. To be eligible for purchase, the
financial institution must have received a minimum overall satisfactory rating for
meeting the credit needs of California Communities in its most recent evaluation, as
provided Government Code Section 53635.2. TCDs are required to be
collateralized as specified under Government Code Section 53630 et. seq. The
Treasurer, at his discretion, may waive the collateralization requirements for any
portion that is covered by federal (FDIC) insurance. The City shall have a signed
agreement with the depository per Government Code Section 53649. The
maximum maturity of these securities may not exceed one (1) year in maturity. A
maximum of 10 percent of the portfolio may be invested in this category.
7. Mutual Funds and Money Market Mutual Funds that are registered with the Securities
and Exchange Commission under the Investment Company Act of 1940, provided
that,
a. MUTUAL FUNDS that invest in the securities and obligations as authorized under
California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and
that meet either of the following criteria:
1. Attained the highest ranking or the highest letter and numerical rating provided
by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from regis tration with
the Securities and Exchange Commission with not less than five years’
4.7.b
Packet Pg. 139 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
7
experience investing in the securities and obligations authorized by California
Government Code, Section 53601 and with assets under management in excess
of $500 million.
3. No more than 10% of the total portfolio may be invested in shares of any one
mutual fund.
b. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange
Commission under the Investment Company Act of 1940 and issued by diversified
management companies and meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating
provided by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from registration with
the Securities and Exchange Commission with not less than five years’
experience managing money market mutual funds with assets under
management in excess of $500 million.
3. No more than 20% of the total portfolio may be invested in Money Market Mutual
Funds.
c. No more than 20% of the total portfolio may be invested in these securities.
.
8. State of California Local Agency Investment Fund (LAIF). The City may invest
up to the maximum as permitted by LAIF. For due diligence, the Treasurer shall
maintain on file a copy of LAIF's current Answer Book.
9. California Asset Management Program (CAMP). Shares of beneficial interest
issued by a joint powers authority organized pursuant to Government Code Section
6509.7 that invests in the securities and obligations authorized in subdivisions (a)
to (n), inclusive of Government Code Section 53601. For due diligence, the
Treasurer shall maintain on file a copy of CAMP's current Information Statement.
10. Medium Term Notes. Medium-term notes, defined as all corporate and depository
institution debt securities with a maximum remaining maturity of five years or less,
issued by corporations organized and operating within the United States or by
depository institutions licensed by the United States or any state and operating
within the United States. Purchases are limited to securities rated "A" or higher, or
the equivalent, by a NRSRO. A maximum of 30 percent of the City's portfolio may
be invested in this category and a maximum of 5 percent with any one issuer. The
maximum maturity of these securities is five years.
11. Asset-Backed, Mortgage-Backed and Collateralized Mortgage Obligation Securities.
The City may purchase such securities provided that they are rated "AA" or higher,
or the equivalent, by a NRSRO. Purchase of securities authorized by this
subdivision may not exceed 20 percent of the portfolio, and a maximum of 5 percent
4.7.b
Packet Pg. 140 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
8
per issue. The maximum maturity of these securities is five years.
12. Municipal Securities. Obligations of the State of California, any of the other 49
states, or any local agency within the state of California, may be purchased by
the City provided that long-term obligations are rated "A" or higher, or the
equivalent, by at least one NRSRO. There are no limits on the dollar amount or
percentage that the city may invest in municipal securities; however, investments
in these securities are limited to a maximum of 5 percent with any single issuer. The
maximum maturity of these securities is five years.
13. Supranationals provided that issues are US dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International
Bank for Reconstruction and Development, International Finance Corporation, or
Inter-American Development Bank. The securities must be rated in a rating category
of “AA” or its equivalent by a NRSRO. No more than 30% of the portfolio may be
invested in these securities, and no more than 10% of the portfolio may be invested
in any single issuer. The maximum maturity does not exceed five (5) years.
X. AUTHORIZED INVESTMENTS FOR BOND PROCEEDS
Bond proceeds shall be invested in securities permitted by the applicable bond
documents. If the bond documents are silent as to the permitted investments, bond
proceeds will be invested in securities permitted by this Policy. Notwithstanding the
provisions of Policy, the percentage or dollar portfolio limitations listed in elsewhere
in this Policy do not apply to bond proceeds. In addition to the securities listed in
Section IX above, bond proceeds may be invested in structured investment products if
approved by the Treasurer.
XI. PROHIBITED INVESTMENT PRACTICES AND INSTRUMENTS
The City shall not make investments for the purpose of trading or speculation as the
dominate criterion such as anticipation of appreciation of capital value through changes
in market rates. Securities are purchased with the intent to hold to maturity.
Any investment in a security not specifically listed as an Authorized and Suitable
Investment above, but otherwise permitted by the Government Code, is prohibited
without the prior approval of the City Council. Section 53601.6 of the Government Code
specifically disallows investments in invoice floaters, range notes, or interest-only strips
that are derived from a pool of mortgages.
XII. REVIEW OF INVESTMENT PORTFOLIO
The City Treasurer shall periodically, but no less than quarterly, review the portfolio
4.7.b
Packet Pg. 141 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
9
to identify investments that do not comply with this investment policy and establish
protocols for reporting major and critical incidences of noncompliance to the City
Council.
XIII. TERM OF INVESTMENTS
Funds of the City will be invested in accordance with sound treasury management
principles. It is the objective of this Policy to provide a system which will accurately
monitor and forecast revenues and expenditures so that the City can invest funds to the
fullest extent possible.
The maximum maturity of individual investments shall not exceed the limits set forth
in under Authorized and Suitable Investments. No investment shall exceed a maturity
of five years from the date of purchase unless the City Council has granted express
authority to make that investment either specifically or as a part of an investment
program approved by the City Council no less than three months prior to the investment.
XIV. INVESTMENT RISK
(A) MARKET RISK
Market risk is the risk that the portfolio will decline in value (or will not optimize its
value) due to changes in the general level of interest rates. The City recognizes
that, over time, longer-term portfolios achieve higher returns. On the other hand,
longer-term portfolios have higher volatility of return. The City shall mitigate
market risk by providing adequate liquidity for short-term cash needs, and by
making some longer-term investments only with funds that are not needed for
current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate
securities, securities with principal pay-downs prior to maturity, and securities with
embedded options, will affect the market risk profile of the portfolio differently in
different interest rate environments. The City, therefore, adopts the following
strategies to control and mitigate its exposure to market risk:
1) The maximum stated final maturity of individual securities in the portfolio shall
be five years, unless otherwise stated in this policy;
2) The City shall maintain a minimum of three months of budgeted operating
expenditures in cash, cash equivalents and short term investments; and
3) The duration of the portfolio will typically be approximately equal to the
4.7.b
Packet Pg. 142 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
10
duration of a market index, selected by the City as its performance benchmark,
which meets the City's needs for cash flow and level of risk tolerance plus or
minus 20%.
(B) CREDIT RISK
In general, the City's portfolio will be diversified to avoid incurring unreasonable
and avoidable risks regarding specific security types or individual financial
institutions, such as credit risk. Credit risk is the risk that a security or a portfolio
will lose some or all of its value due to a real or perceived change in the ability of
the issuer to repay its debt. The City shall mitigate credit risk by adopting the
following strategies:
I) The diversification requirements included in Section IX are designed to mitigate
credit risk in the portfolio;
2) No more than 5% of the total portfolio may be invested in securities of any
single issuer, other than the US Government, its agencies and instrumentalities
(including agency-backed mortgage pools), supranational securities or money
market mutual funds.
3) The City may elect to sell a security prior to its maturity and record a capital
gain or loss in order to improve the quality, liquidity or return of the portfolio
in response to market conditions or the City's risk preferences; and
4) If securities owned by the City are downgraded to a level below the quality
required to be compliant with this Investment Policy, it shall be the City's
policy to review the credit situation and make a determination as to whether
to sell or retain such securities in the portfolio.
a) If a security is downgraded, the City Treasurer will use discretion in
determining whether to sell or hold the security based on its current
maturity, the economic outlook for the issuer, and other relevant factors.
b) If a decision is made to retain a downgraded security in the portfolio, its
presence in the portfolio will be monitored and reported monthly to the City.
XV. SAFEKEEPING AND CUSTODY
Investment securities are to be purchased when possible in book-entry form in the
City's name. All security transactions entered into by the City shall be conducted on a
delivery-versus-payment (DVP) basis. All cash and securities in the City's portfolio
shall be held in safekeeping in the City's name by a third party bank trust department,
acting as agent for the City under the terms of a custody agreement executed by the
4.7.b
Packet Pg. 143 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
11
bank and the City. All investment transactions will require a safekeeping receipt or
acknowledgment generated from the trade. A monthly report will be received by the City
from the safekeeping institution listing all securities held in safekeeping with current
market data and other information. The only exception to the foregoing shall be
depository accounts and securities purchases made with: (i) local government
investment pools; (ii) time certificates of deposit, and, (iii) money mutual funds, since
the purchased securities are not deliverable. Term and non-negotiable instruments,
such as certificates of deposit, can be held by the Treasurer, or in safekeeping as the
Treasurer deems appropriate.
XVI. PERFORMANCE BENCHMARK
The investment portfolio shall be designed to attain a market-average rate of return
throughout budgetary and economic cycles, taking into account the City's risk
constraints, the cash flow characteristics of the portfolio, and state and local laws,
ordinances or resolutions that restrict investments. The Treasurer shall monitor and
evaluate the portfolio's performance relative to market benchmark, which will be included
in the Treasurer's quarterly report. The Treasurer shall select an appropriate, readily
available index to use as a benchmark.
XVII. REPORT INFORMATION
The Treasurer shall prepare a report to the City Council not less than semi-annually
which is available each year within 60 days following December 31st and June 30th. The
semi-annual report shall be presented at a subsequent regularly scheduled City Council
Meeting. The report shall be inclusive of a monthly listing of investment transactions.
At a minimum the report shall include the following (Revised 9-18-2012):
a) Type of Investment
b) Issuer
c) Date of Maturity
d) Par and dollar amount invested
e) Current Market Value as of the date of the report
f) Source of the market value information
g) A list of investment transactions.
h) A statement of compliance with the investment policy
i) A statement as to the ability of the City to meet its expenditure
requirements for the next six months
In addition, the City Treasurer will submit a monthly transaction report to the City Council.
XVIII. REVIEW OF INVESTMENT POLICY
4.7.b
Packet Pg. 144 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
12
This policy shall be subject to review by the City Council on an annual basis, by
the second Council meeting in September. Any recommended modifications or
amendments shall be presented by Staff to the City Council for their consideration and
adoption.
4.7.b
Packet Pg. 145 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
GLOSSARY OF TERMS
ACCRUED INTEREST: Interest earned but not yet received.
AGENCIES: Federal agency securities and/or Government-sponsored enterprises. Examples of
well-known agencies that issue bonds are Federal Home Loan Mortgage Corporation (FHLMC or
"Freddie Mac"), Federal National Mortgage Association (FNMA or "Fannie Mae"), and the Federal
Home Loan Bank.
AMORTIZATION: An accounting practice of gradually decreasing (increasing) an asset's book value
by spreading its depreciation (accretion) over a period of time.
ASKED: The price at which securities are offered.
ASSET BACKED SECURITIES: Securities supported by pools of installment loans or leases or by
pools of revolving lines of credit.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer.
BASIS POINT: One basis point is one hundredth of one percent (.0 I ).
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the
investment portfolio. A benchmark should represent a close correlation to the level of risk and the
average duration of the portfolio's investments.
BID PRICE: The price offered by a buyer of securities. (When you are selling securities, you ask for
a bid.) See Offer.
BOND: A financial obligation for which the issuer promises to pay the bondholder a specified stream
of future cash flows, including periodic interest payments and a principal repayment.
BOOK ENTRY: The system maintained by the Federal Reserve, by which most money market
securities are delivered to an investor's custodial bank. The Federal Reserve maintains a
computerized record of the ownership of these securities and records any changes in ownership
corresponding to payments made over the Federal Reserve wire (delivery versus payment.)
BOOK VALUE: The value at which a debt security is shown on the holder's balance sheet. Book
value is acquisition cost less amortization of premium or accretion of discount.
BROKER: A broker brings buyers and sellers together for a commission.
CALLABLE BOND: A bond issue in which all or part of its outstanding principal amount may be
redeemed before maturity by the issuer under specified conditions.
4.7.b
Packet Pg. 146 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is
usually at a slight premium to the bond's original issue price to compensate the holder for loss of
income and ownership.
CALL RISK: The risk to a bondholder that a bond may be redeemed prior to maturity.
CERTIFICATE OF DEPOSIT (CD): A deposit insured up to $100,000 by the FDIC at a set rate
for a specified period of time.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public
monies.
COLLATERALIZED MORTGAGE OBLIGATION (CMO): Classes of bonds that redistribute the
cash flows of mortgage securities (and whole loans) to create securities that have different levels of
prepayment risk, as compared to the underlying mortgage securities.
COMMERCIAL PAPER: An unsecured promissory note of industrial corporations, utilities and bank
holding companies having assets in excess of $500 million and an "A" or higher rating for the
issuer's debentures. Interest is discounted from par and calculated using the actual number of days
on a 360-day year. The notes are in bearer form, mature from one to 270 days and generally start
at $100,000. There is a secondary market for commercial paper and an investor may sell them prior
to maturity. Unused lines of credit back commercial paper from major banks.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for
the City. It includes combined statements and basic financial statements for each individual fund and
account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).
Supplemental information is also included including a detailed multi-year comparative statistics.
COST YIELD: The annual income from an investment divided by the purchase cost. Because it
does not give effect to premiums and discounts which may have been included in the purchase cost,
it is an incomplete measure of return.
COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on
the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
CREDIT RISK: The risk that principal and/or interest on an investment will not be paid in a timely
manner due to changes in the condition of the issuer.
CURRENT YIELD: The interest paid on an investment expressed as a percentage of the current
price of the security.
CUSTODY: A banking service that provides safekeeping for the individual securities in a customer's
investment portfolio under a written agreement which also calls for the bank to collect and pay out
income, and to buy, sell, receive and deliver securities when ordered to do so by the account holder.
4.7.b
Packet Pg. 147 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling
for his own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT (DVP): Delivery versus payment is delivery of securities with an
exchange of money for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the
movement of one or more underlying index or security, and may include a leveraging factor, or (2)
financial contracts based upon notional amounts whose value is derived from an underlying index or
security (interest rates, foreign exchange rates, equities or commodities).
DISCOUNT: The difference between the cost price of a security and its value at maturity when
quoted at lower than face value.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount
and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.
DIVERSIFI CATI0N: Dividing investment funds among a variety of securities
offering independent returns.
DURATION: A measure of the timing of the cash flows, such as the interest payments and the
principal repayment, to be received from a given fixed-income security. This calculation is based on
three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is
a useful indicator of its price volatility for given changes in interest rates.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to
various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers,
farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently
pegged by the Federal Reserve through open-market operations.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12
regional banks) which lend funds and provide correspondent banking services to member commercial
banks, thrift institutions, credit unions and insurance companies.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA
was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal
corporation working under the auspices of the Department of Housing and Urban Development (HUD).
4.7.b
Packet Pg. 148 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
The corporation is called, is a private stockholder-owned corporation. The corporation's purchases
include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal
Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New
York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating
basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases
and sales of Government Securities in the open market as a means of influencing the volume of
bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and
consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about
5,700 commercial banks that are members of the system.
FED WIRE: A wire transmission service established by the Federal Reserve Bank to facilitate the
transfer of funds through debits and credits of funds between participants within the Fed system.
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC or Freddie Mac): A United States
government sponsored corporation.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities
influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers,
commercial banks, savings and loan associations, and other institutions. Security holder is protected
by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA
or FmHA mortgages. The term "pass- throughs" is often used to describe Ginnie Maes.
HAIRCUT: The margin or difference between the actual market value of a security and the value
assessed by the lending side of a transaction (i.e. a repo).
INTEREST RATE: The annual yield earned on an investment, expressed as a percentage.
LEVERAGE: Borrowing funds in order to invest in securities that have the potential to pay earnings
at a rate higher than the cost of borrowing.
LIQUIDITY: Refers to the ability to easily and rapidly convert a security into cash.
LOCAL AGENCY INVESTMENT FUND (LAIF): The local Agency Investment Fund (LAIF) is a
special fund in the California State Treasury created and governed pursuant to Government Code
Sections 16429.1 et seq. There are limits on the maximum dollars deposited by a city as well as the
number of transactions allowed each month.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political
subdivisions that are placed in custody of the State Treasurer for investment and reinvestment.
MAKE WHOLE CALL: A type of call provision on a bond that allows the issuer to pay off the
4.7.b
Packet Pg. 149 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump
sum payment that equals the net present value (NPV) of future coupon payments that will not be
paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN: The difference between the market value of a security and the loan a broker makes using
that security as collateral.
MARKET RISK: The risk that the value of securities will fluctuate with changes in overall market
conditions or interest rates.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or
sold on a specific date.
MARKING TO MARKET: The process of posting current market values for securities in a portfolio.
MATURITY: The date upon which the principal or stated value of an investment becomes due and
payable.
MEDIUM TERM NOTES (MTNs): Unsecured, investment-grade senior debt securities of major
corporations which are sold in relatively small amounts on either a continuous or an intermittent
basis. MTNs are highly flexible debt instruments that can be structured to respond to market
opportunities or to investor preferences.
MODIFIED DURATION: The percent change in price for a 100 basis point change in yields. Modified
duration is the best single measure of a portfolio's or security's exposure to market risk.
MONEY MARKET: The market in which short-term debt instruments (T-bills, discount notes,
commercial paper, and banker's acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND: Mutual funds that invest solely in money market instruments
(short- term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, and
federal funds).
MORTGAGE PASS THROUGH SECURITIES: A securitized participation in the interest and
principal cash flows from a specified pool of mortgages. Principal and interest payments made on
the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES: Securities issued by state and local agencies to finance capital and
operating expenses.
MUTUAL FUND: An entity which pools the funds of investors and invests those funds in a set of
securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in
various types of domestic and/or international stocks, bonds, and money market instruments, as
set forth in the individual fund's prospectus. For most large, institutional investors, the costs
associated with investing in mutual funds are higher than the investor can obtain through an
4.7.b
Packet Pg. 150 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
individually managed portfolio.
NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD): A self-regulatory organization
(SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate
includes authority over firms that distribute mutual fund shares as well as other securities.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NSROs); Credit rating
agencies whose ratings are permitted to be used for regulatory purposes such as those imposed by
the Securities and Exchange Commission.
NEGOTIABLE CERTIFICATE OF DEPOSIT: A large denomination certificate of deposit which can
be sold in the open market prior to maturity.
NEW ISSUE: Term used when a security is originally "brought" to market.
OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an
offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities
in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to
influence the volume of money and credit in the economy. Purchases inject reserves into the bank
system and stimulate growth of money and credit; sales have the opposite effect. Open market
operations are the Federal Reserve' s most important and most flexible monetary policy tool.
PORTFOLIO: Collection of securities held by an investor.
PREMIUM: The amount by which the price paid for a security exceeds the security's par value.
PREPAYMENT SPEED: A measure of how quickly principal is repaid to investors in mortgage
securities.
PREPAYMENT WINDOW: The time period over which principal repayments will be received on
mortgage securities at a specified prepayment speed.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York
and are subject to its informal oversight. Primary dealers include Securities and Exchange
Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms.
PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested
in a given security.
PRUDENT PERSON (PRUDENT INVESTOR) RULE: A standard of responsibility which applies to
fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill,
prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in
4.7.b
Packet Pg. 151 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
a like capacity and familiar with such matters, would use in the conduct of an enterprise of like
character and with like aims to accomplish similar purposes."
PURCHASE DATE: The date in which a security is purchased for settlement on that or a later date.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current
market price. This may be the amortized yield to maturity on a bond or the current income return.
REALIZED YIELD: The change in value of the portfolio due to interest received and interest earned
and realized gains and losses. It does not give effect to changes in market value on securities,
which have not been sold from the portfolio.
REGIONAL DEALER: A financial intermediary that buys and sells securities for the benefit of its
customers without maintaining substantial inventories of securities and that is not a primary dealer.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an
investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer"
in effect lends the "seller" money for the period of the agreement, and the terms of the agreement
are structured to compensate him for this.
RULE 2a-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds
and mandates such funds to maintain certain standards, including a 13- month maturity limit and
a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar
($1.00).
SAFEKEEPING: See CUSTODY.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following
the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors m
securities transactions by administering securities legislation.
SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds.
STRUCTURED NOTE: A complex, fixed income instrument, which pays interest, based on a
formula tied to other interest rates, commodities or indices. Examples include inverse floating rate
notes which have coupons that increase when other interest rates are falling, and which fall when
other interest rates are rising, and "dual index floaters," which pay interest based on the relationship
between two other interest rates - for example, the yield on the ten-year Treasury note minus the
Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate
swap agreements.
TENNESSEE VALLEY AUTHORITY (TVA): The Tennessee Valley Authority provides flood control
and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River
4.7.b
Packet Pg. 152 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
20
valleys. TVA currently issues discount notes and bonds.
TIME CERTIFICATE OF DEPOSIT: A non-negotiable certificate of deposit which cannot be sold
prior to maturity.
TOTAL RATE OF RETURN: A measure of a portfolio's performance over time. It is the internal
rate of return, which equates the beginning value of the portfolio with the ending value; it includes
interest earnings, realized and unrealized gains, and losses in the portfolio.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance
the national debt. Most bills are issued to mature in three months, six months, or one year and are
sold on a discount basis.
TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of more than 10 years.
TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of I to 10 years.
U.S. GOVERNMENT AGENCIES: Instruments issued by various US Government Agencies most
of which are secured only by the credit worthiness of the particular agency.
VOLATILITY: The rate at which security prices change with changes in general economic
conditions or the general level of interest rates.
WEIGHTED AVERAGE MATURITY (WAM): The average maturity of all the securities that comprise
a portfolio that is typically expressed in days or years.
YIELD: The rate of annual income return on an investment, expressed as a percentage. It is
obtained by dividing the current dollar income by the current market price of the security.
YIELD TO MATURITY: The rate of income return on an investment, minus any premium or plus
any discount, with the adjustment spread over the period from the date of purchase to the date of
maturity of the bond, expressed as a percentage.
YIELD CURVE: The yield on bonds, notes or bills of the same type and credit risk at a specific
date for maturities up to thirty years.
ZERO-COUPON SECURITY: Security that is issued at a discount and makes no periodic interest
payments. The rate of return consists of a gradual accretion of the principal of the security and is
payable at par upon maturity.
4.7.b
Packet Pg. 153 Attachment: 2. Exhibit A to the Resolution: Statement of Investment Policy for the City of Dublin (Annual Review of City’s Investment Policy)
ATTACHMENT 3
STATEMENT OF INVESTMENT POLICY FOR THE CITY OF DUBLIN
I. INTRODUCTION
This Statement of Investment Policy is intended to identify various policies and
procedures that will foster a prudent and systematic investment program designed to
seek the City's objectives of safety, liquidity and returnyield through a diversified
investment portfolio. This policy also serves to organize and formalize the City's
investment-related activities, while complying with all applicable status governing the
investment of public funds.
II. SCOPE
This policy covers all funds and investment activities under the direct authority of the
City of Dublin, as set forth in the State Government Code, sections 53600 et seq.,
excluding any bond- related proceeds or reserves, which are governed by their bond
indentures. Cash held by the City shall be pooled in order to more effectively manage
City cash resources. All pooled funds are accounted for in the City's Comprehensive
Annual Financial Report and include:
Funds
General Fund
Special Revenue
Funds Capital
Project Funds
Internal Service
Funds Enterprise
Funds Agency Funds
This investment policy is endorsed and adopted by the City of Dublin (the "City"),
effective as of September 16, 2014, and replaces any previous versions.
III. OBJECTIVES
The overall program shall be designed and managed with a degree of professionalism
worthy of the public trust. The primary objectives, in order of priority, of the City's
investment activities shall be:
I) Safety: Safety of principal is the foremost objective of the investment program.
The City's investments shall be undertaken in a manner that seeks to safeguard
the principal of the funds under its control by maintaining an appropriate risk
level.
4.7.c
Packet Pg. 154 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
2
2) Liquidity: The City's investment portfolio will remain sufficiently liquid to enable
the City to meet its reasonably anticipated cash flow requirements.
3) ReturnYield: Return Yield should become a consideration only after the basic
requirements of safety and liquidity have been met. The City seeks to attain
market average rate of return on its investments throughout economic cycles,
consistent with constraints imposed by its safety objectives and cash flow
considerations.
4) Diversification: The investment portfolio will be diversified to avoid incurring
unreasonable and avoidable risks regarding specific security types or individual
financial institutions. This shall also conform with applicable sections of the
Government Code.
IV. DELEGATION OF AUTHORITY
As authorized in Government Code Section 53607, the City Council delegates the
authority to invest funds of the City to the City Treasurer and/or any duly appointed
Deputy City Treasurer. The City Treasurer and any duly appointed Deputy City
Treasurer shall make all investment decisions and transactions in strict accordance
with State law and this investment policy. The Administrative Services Director shall
be designated as the City Treasurer and the City Manager and/or Assistant
Administrative Services Director shall be designated as the Deputy City Treasurer.
This delegation shall be for a one-year period until the delegation of authority is
revoked or expires. The City Council may renew the authority each year as part of
an annual review of this policy.
The City Treasurer shall establish procedures for the operation of the investment
program. The City Treasurer shall be also responsible for all transactions undertaken
and establishing a system of controls to regulate the activities of subordinates.
The City recognizes that in a diversified portfolio, occasional measured losses may be
inevitable and must be considered within the context of the overall portfolio's return
and the cash flow requirements of the City. Authorized individuals acting in accordance
with written procedures and the investment policy and exercising due diligence shall
be relieved of personal responsibility for an individual security's credit risk or market
price changes, provided deviations from expectations are reported in a timely fashion
and appropriate action is taken to control adverse developments.
The City may engage the services of one or more external investment managers to
assist in the management of the City's investment portfolio in a manner consistent
with the City's objectives. Such external managers may be granted discretion to
purchase and sell investment securities in accordance with this investment policy.
Such managers must be registered under the Investment Advisors Act of 1940.
4.7.c
Packet Pg. 155 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
3
V. PRUDENCE
Pursuant to California Government Code Section 53600.3, all persons authorized to
make investment decisions on behalf of the City are trustees and therefore fiduciaries
subject to the prudent investor standard: "When investing, reinvesting, purchasing,
acquiring, exchanging, selling, or managing public funds, a trustee shall act with care,
skill, prudence, and diligence under the circumstances then prevailing, including, but
not limited to, the general economic conditions and the anticipated needs of the agency,
that a prudent person acting in a like capacity and familiarity with those matters would
use in the conduct of funds of a like character and with like aims, to safeguard the
principal and maintain the liquidity needs of the agency."
VI. ETHICS AND CONFLICTS OF INTEREST
All participants in the investment process shall acts as custodians of the public trust.
Investment officials shall recognize that the investment portfolio is subject to public
review and evaluation. The overall program shall be designed and managed with a
degree of professionalism that is worthy of the public trust. Thus employees and officials
involved in the investment process shall refrain from personal business activity that
conflicts with proper execution of the investment program, or impairs their ability to
make impartial investment decisions. Additionally, the City Treasurer and the Deputy
Treasurer shall file applicable financial disclosures as required by the Fair Political
Practices Commission (FPPC).
VII. INTERNAL CONTROLS
The Treasurer is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the entity are protected from loss, theft
or misuse. The internal control structure shall be designed to provide reasonable
assurance that these objectives are met. The concept of reasonable assurance
recognizes that (1) the cost of a control should not exceed the benefits likely to be
derived; and (2) the valuation of costs and benefits requires estimates and judgments
by management. Periodically as deemed appropriate by City Management and/or the
City Council an independent analysis by an external auditor shall be conducted to
review internal controls, account activity and compliance with policies and procedures.
VIII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
To the extent practical the Treasurer shall endeavor to complete investment
transactions using a competitive bid process whenever possible. It shall be the City's
policy to purchase securities only from authorized institutions and firms. No deposit of
public funds shall be made except in a qualified public depository as established by
state laws.
4.7.c
Packet Pg. 156 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
4
Institutions eligible to transact investment business with the City include:
1. Primary government dealers as designated by the Federal Reserve Bank and
non-primary government dealers
2. Nationally or state chartered banks
3. The Federal Reserve Bank
4. Direct issuers of securities eligible for purchase
The Treasurer shall maintain procedures for the establishing a list of authorized
broker/dealers and financial institutions which are approved for investment purposes.
These may include primary or regional dealers that qualify under Securities & Exchange
Commission Rule 15C3-l (uniform net capital rule). The City requires each firm that will
be used for the purchase or sale of securities to be evaluated by the Treasurer prior to
any investments. The firms shall submit current financial statements, and annual
audited financial statements each year thereafter, which are to be evaluated by the
Treasurer. At a minimum, the firm must be financially sound and have been in business
a minimum of three years. In addition, the firms must provide: proof of National
Association of Security Dealers membership, proof of state registration or exemption,
and certificate of having read the City's investment policy.
If an investment adviser is retained by the City, then that adviser will be permitted
to use their own list of approved broker/dealers and financial institutions for investment
purposes.
IX. AUTHORIZED AND SUITABLE INVESTMENTS
The City's investments are governed by Government Code, Sections 53600 et seq.
Within the investments permitted by the Government Code, the City seeks to further
restrict eligible investments to the guidelines listed below. In the event an apparent
discrepancy is found between this Policy and the Government Code, the more restrictive
parameters will take precedence. Percentage holding limits listed in this section apply
at the time the security is purchased. Any investment currently held at the time the
Policy is adopted which does not meet the new Policy guidelines can be held until
maturity, and shall be exempt from the current Policy. At the time of the investment's
maturity or liquidation such funds shall be reinvested only as provided in the most
current Policy.
An appropriate risk level shall be maintained by primarily purchasing securities that
are of high quality, liquid, and marketable. The portfolio shall be diversified by security
type and institution to avoid incurring unreasonable and avoidable risks regarding
specific security types or individual financial institutions.
4.7.c
Packet Pg. 157 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
5
1. United States Treasury Issues. United States Treasury notes, bonds, bills, or
certificates of indebtedness, or those for which the faith and credit of the United
States are pledged for the payment of principal and interest. There is no limitation
as to the percentage of the portfolio that may be invested in this category. The
maximum maturity of these securities is five years.
2. Federal Agency Obligations. Federal agency or United States government-sponsored
enterprise obligations, participations, or other instruments, including those issued
by or fully guaranteed as to principal and interest by federal agencies or United
States government- sponsored enterprises. There is no limitation as to the
percentage of the portfolio that may be invested in this category. However, the
portfolio's exposure to any one federal agency issuer is limited to 35 percent of the
overall portfolio. The limit of the overall portfolio's exposure to callable federal agency
securities is 25 percent. The maximum maturity for agency securities is five years.
3. Bankers' Acceptances. Bankers' acceptances, otherwise known as bills of exchange
or time drafts, that are drawn on and accepted by a commercial bank. Bankers'
acceptances must be secured by the irrevocable primary obligation of the accepting
domestic bank. Purchasers are limited to issuers whose short-term debt is rated "A-
1" or higher, or the equivalent, by a Nationally Recognized Statistical-Rating
Organization (NRSRO). Bankers' acceptances cannot exceed a maturity of 180
days. A maximum of 40 percent of the portfolio may be invested in this category.
The amount invested in bankers' acceptances with any one financial institution in
combination with any other debt from that financial institution shall not exceed 20
percent of the portfolio.
4. Commercial Paper. Commercial paper of "prime" quality rated "A-1" or higher, or
the equivalent, by a NRSRO. The entity that issues the commercial paper shall
meet all of the following conditions in either paragraph (A) or paragraph (B):
(A) The entity meets the following criteria: (i) Is organized and operating in the
United States as a general corporation. (ii) Has total assets in excess of five
hundred million dollars ($500,000,000). (iii) Has debt other than commercial
paper, if any, that is rated "A" or higher by a nationally recognized statistical-
rating organization.
(B) The entity meets the following criteria: (i) Is organized within the United States
as a special purpose corporation, trust, or limited liability company. (ii) Has
program wide credit enhancements including, but not limited to, over
collateralization, letters of credit, or surety bond. (iii) Has commercial paper
that is rated "A-1" or higher, or the equivalent, by a nationally recognized
statistical-rating organization.
4.7.c
Packet Pg. 158 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
6
Eligible commercial paper shall have a maximum maturity of 270 days or less and
not represent more than 10 percent of the outstanding paper of an issuing
corporation. A maximum of 25 percent of the portfolio may be invested in this
category. The amount invested in commercial paper of any one issuer in
combination with any other debt from that issuer shall not exceed 20 percent of the
portfolio.
5. Negotiable Certificates of Deposit. Negotiable certificates of deposit (NCDs)
issued by a nationally or state-chartered bank, a savings association or a federal
association, a state or federal credit union, or by a state-licensed branch of a
foreign bank. Purchases are limited to institutions which have long-term debt rated
"A" or better and/or have short-term debt rated at least "A-1" or higher, or the
equivalent by a NRSRO. A maximum of 30 percent of the portfolio may be
invested in this category. The amount invested in NCDs with any one financial
institution in combination with any other debt from that financial institution shall not
exceed 20 percent of the portfolio. The maximum maturity of these securities is five
years.
6. Time Certificates of Deposit. Time Certificates of Deposit (TCDs) placed with
commercial banks and savings and loans. The purchase of TCDs from out-of-state
banks or savings and loans is prohibited. The amount on deposit shall not exceed
the shareholder's equity in the financial institution. To be eligible for purchase, the
financial institution must have received a minimum overall satisfactory rating for
meeting the credit needs of California Communities in its most recent evaluation, as
provided Government Code Section 53635.2. TCDs are required to be
collateralized as specified under Government Code Section 53630 et. seq. The
Treasurer, at his discretion, may waive the collateralization requirements for any
portion that is covered by federal (FDIC) insurance. The City shall have a signed
agreement with the depository per Government Code Section 53649. The
maximum maturity of these securities may not exceed one (1) year in maturity. A
maximum of 10 percent of the portfolio may be invested in this category.
7. Mutual Funds and Money Market Mutual Funds that are registered with the Securities
and Exchange Commission under the Investment Company Act of 1940, provided
that,
a. MUTUAL FUNDS that invest in the securities and obligations as authorized under
California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and
that meet either of the following criteria:
1. Attained the highest ranking or the highest letter and numerical rating provided
by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from regis tration with
the Securities and Exchange Commission with not less than five years’
4.7.c
Packet Pg. 159 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
7
experience investing in the securities and obligations authorized by California
Government Code, Section 53601 and with assets under management in excess
of $500 million.
3. No more than 10% of the total portfolio may be invested in shares of any one
mutual fund.
b. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange
Commission under the Investment Company Act of 1940 and issued by diversified
management companies and meet either of the following criteria:
1. Have attained the highest ranking or the highest letter and numerical rating
provided by not less than two (2) NRSROs; or
2. Have retained an investment adviser registered or exempt from registration with
the Securities and Exchange Commission with not less than five years’
experience managing money market mutual funds with assets under
management in excess of $500 million.
3. No more than 20% of the total portfolio may be invested in Money Market Mutual
Funds.
c. No more than 20% of the total portfolio may be invested in these securities.
.
8. State of California Local Agency Investment Fund (LAIF). The City may invest
up to the maximum as permitted by LAIF. For due diligence, the Treasurer shall
maintain on file a copy of LAIF's current Answer Book.
9. California Asset Management Program (CAMP). Shares of beneficial interest
issued by a joint powers authority organized pursuant to Government Code Section
6509.7 that invests in the securities and obligations authorized in subdivisions (a)
to (n), inclusive of Government Code Section 53601. For due diligence, the
Treasurer shall maintain on file a copy of CAMP's current Information Statement.
10. Medium Term Notes. Medium-term notes, defined as all corporate and depository
institution debt securities with a maximum remaining maturity of five years or less,
issued by corporations organized and operating within the United States or by
depository institutions licensed by the United States or any state and operating
within the United States. Purchases are limited to securities rated "A" or higher, or
the equivalent, by a NRSRO. A maximum of 30 percent of the City's portfolio may
be invested in this category and a maximum of 5 percent with any one issuer. The
maximum maturity of these securities is five years.
11. Asset-Backed, Mortgage-Backed and Collateralized Mortgage Obligation Securities.
The City may purchase such securities provided that they are rated "AA" or higher,
or the equivalent, by a NRSRO and issued by an issuer having a rating of "A" or
higher for the issuer's debt as provided by a nationally recognized statistical rating
4.7.c
Packet Pg. 160 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
8
organization. Purchase of securities authorized by this subdivision may not exceed
20 percent of the portfolio, and a maximum of 5 percent per issue. The maximum
maturity of these securities is five years.
12. Municipal Securities. Obligations of the State of California, any of the other 49
states, or any local agency within the state of California, may be purchased by
the City provided that long-term obligations are rated "A" or higher, or the
equivalent, by at least one NRSRO. There are no limits on the dollar amount or
percentage that the city may invest in municipal securities; however, investments
in these securities are limited to a maximum of 5 percent with any single issuer. The
maximum maturity of these securities is five years.
13. Supranationals provided that issues are US dollar denominated senior unsecured
unsubordinated obligations issued or unconditionally guaranteed by the International
Bank for Reconstruction and Development, International Finance Corporation, or
Inter-American Development Bank. The securities must be rated in a rating category
of “AA” or its equivalent by a NRSRO. No more than 30% of the portfolio may be
invested in these securities, and no more than 10% of the portfolio may be invested
in any single issuer. The maximum maturity does not exceed five (5) years.
X. AUTHORIZED INVESTMENTS FOR BOND PROCEEDS
Bond proceeds shall be invested in securities permitted by the applicable bond
documents. If the bond documents are silent as to the permitted investments, bond
proceeds will be invested in securities permitted by this Policy. Notwithstanding the
provisions of Policy, the percentage or dollar portfolio limitations listed in elsewhere
in this Policy do not apply to bond proceeds. In addition to the securities listed in
Section IX above, bond proceeds may be invested in structured investment products if
approved by the Treasurer.
XI. PROHIBITED INVESTMENT PRACTICES AND INSTRUMENTS
The City shall not make investments for the purpose of trading or speculation as the
dominate criterion such as anticipation of appreciation of capital value through changes
in market rates. Securities are purchased with the intent to hold to maturity.
Any investment in a security not specifically listed as an Authorized and Suitable
Investment above, but otherwise permitted by the Government Code, is prohibited
without the prior approval of the City Council. Section 53601.6 of the Government Code
specifically disallows investments in invoice floaters, range notes, or interest-only strips
that are derived from a pool of mortgages.
XII. REVIEW OF INVESTMENT PORTFOLIO
4.7.c
Packet Pg. 161 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
9
The City Treasurer shall periodically, but no less than quarterly, review the portfolio
to identify investments that do not comply with this investment policy and establish
protocols for reporting major and critical incidences of noncompliance to the City
Council.
XIII. TERM OF INVESTMENTS
Funds of the City will be invested in accordance with sound treasury management
principles. It is the objective of this Policy to provide a system which will accurately
monitor and forecast revenues and expenditures so that the City can invest funds to the
fullest extent possible.
The maximum maturity of individual investments shall not exceed the limits set forth
in under Authorized and Suitable Investments. No investment shall exceed a maturity
of five years from the date of purchase unless the City Council has granted express
authority to make that investment either specifically or as a part of an investment
program approved by the City Council no less than three months prior to the investment.
XIV. INVESTMENT RISK
(A) MARKET RISK
Market risk is the risk that the portfolio will decline in value (or will not optimize its
value) due to changes in the general level of interest rates. The City recognizes
that, over time, longer-term portfolios achieve higher returns. On the other hand,
longer-term portfolios have higher volatility of return. The City shall mitigate
market risk by providing adequate liquidity for short-term cash needs, and by
making some longer-term investments only with funds that are not needed for
current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate
securities, securities with principal pay-downs prior to maturity, and securities with
embedded options, will affect the market risk profile of the portfolio differently in
different interest rate environments. The City, therefore, adopts the following
strategies to control and mitigate its exposure to market risk:
1) The maximum stated final maturity of individual securities in the portfolio shall
be five years, unless otherwise stated in this policy;
2) The City shall maintain a minimum of three months of budgeted operating
expenditures in cash, cash equivalents and short term investments; and
4.7.c
Packet Pg. 162 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
10
3) The duration of the portfolio will typically be approximately equal to the
duration of a market index, selected by the City as its performance benchmark,
which meets the City's needs for cash flow and level of risk tolerance plus or
minus 20%.
(B) CREDIT RISK
In general, the City's portfolio will be diversified to avoid incurring unreasonable
and avoidable risks regarding specific security types or individual financial
institutions, such as credit risk. Credit risk is the risk that a security or a portfolio
will lose some or all of its value due to a real or perceived change in the ability of
the issuer to repay its debt. The City shall mitigate credit risk by adopting the
following strategies:
I) The diversification requirements included in Section IX are designed to mitigate
credit risk in the portfolio;
2) No more than 5% of the total portfolio may be invested in securities of any
single issuer, other than the US Government, its agencies and instrumentalities
(including agency-backed mortgage pools), supranational securities or money
market mutual funds.
3) The City may elect to sell a security prior to its maturity and record a capital
gain or loss in order to improve the quality, liquidity or return yield of the
portfolio in response to market conditions or the City's risk preferences; and
4) If securities owned by the City are downgraded to a level below the quality
required to be compliant with this Investment Policy, it shall be the City's
policy to review the credit situation and make a determination as to whether
to sell or retain such securities in the portfolio.
a) If a security is downgraded, the City Treasurer will use discretion in
determining whether to sell or hold the security based on its current
maturity, the economic outlook for the issuer, and other relevant factors.
b) If a decision is made to retain a downgraded security in the portfolio, its
presence in the portfolio will be monitored and reported monthly to the City.
XV. SAFEKEEPING AND CUSTODY
Investment securities are to be purchased when possible in book-entry form in the
City's name. All security transactions entered into by the City shall be conducted on a
delivery-versus-payment (DVP) basis. All cash and securities in the City's portfolio
4.7.c
Packet Pg. 163 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
11
shall be held in safekeeping in the City's name by a third party bank trust department,
acting as agent for the City under the terms of a custody agreement executed by the
bank and the City. All investment transactions will require a safekeeping receipt or
acknowledgment generated from the trade. A monthly report will be received by the City
from the safekeeping institution listing all securities held in safekeeping with current
market data and other information. The only exception to the foregoing shall be
depository accounts and securities purchases made with: (i) local government
investment pools; (ii) time certificates of deposit, and, (iii) money mutual funds, since
the purchased securities are not deliverable. Term and non-negotiable instruments,
such as certificates of deposit, can be held by the Treasurer, or in safekeeping as the
Treasurer deems appropriate.
XVI. PERFORMANCE BENCHMARK
The investment portfolio shall be designed to attain a market-average rate of return
throughout budgetary and economic cycles, taking into account the City's risk
constraints, the cash flow characteristics of the portfolio, and state and local laws,
ordinances or resolutions that restrict investments. The Treasurer shall monitor and
evaluate the portfolio's performance relative to market benchmark, which will be included
in the Treasurer's quarterly report. The Treasurer shall select an appropriate, readily
available index to use as a benchmark.
XVII. REPORT INFORMATION
The Treasurer shall prepare a report to the City Council not less than semi-annually
which is available each year within 60 days following December 31st and June 30th. The
semi-annual report shall be presented at a subsequent regularly scheduled City Council
Meeting. The report shall be inclusive of a monthly listing of investment transactions.
At a minimum the report shall include the following (Revised 9-18-2012):
a) Type of Investment
b) Issuer
c) Date of Maturity
d) Par and dollar amount invested
e) Current Market Value as of the date of the report
f) Source of the market value information
g) A list of investment transactions.
h) A statement of compliance with the investment policy
i) A statement as to the ability of the City to meet its expenditure
requirements for the next six months
In addition, the City Treasurer will submit a monthly transaction report to the City Council.
4.7.c
Packet Pg. 164 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
12
XVIII. REVIEW OF INVESTMENT POLICY
This policy shall be subject to review by the City Council on an annual basis, by
the second Council meeting in September. Any recommended modifications or
amendments shall be presented by Staff to the City Council for their consideration and
adoption.
4.7.c
Packet Pg. 165 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
GLOSSARY OF TERMS
ACCRUED INTEREST: Interest earned but not yet received.
AGENCIES: Federal agency securities and/or Government-sponsored enterprises. Examples of
well-known agencies that issue bonds are Federal Home Loan Mortgage Corporation (FHLMC or
"Freddie Mac"), Federal National Mortgage Association (FNMA or "Fannie Mae"), and the Federal
Home Loan Bank.
AMORTIZATION: An accounting practice of gradually decreasing (increasing) an asset's book value
by spreading its depreciation (accretion) over a period of time.
ASKED: The price at which securities are offered.
ASSET BACKED SECURITIES: Securities supported by pools of installment loans or leases or by
pools of revolving lines of credit.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer.
BASIS POINT: One basis point is one hundredth of one percent (.0 I ).
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the
investment portfolio. A benchmark should represent a close correlation to the level of risk and the
average duration of the portfolio's investments.
BID PRICE: The price offered by a buyer of securities. (When you are selling securities, you ask for
a bid.) See Offer.
BOND: A financial obligation for which the issuer promises to pay the bondholder a specified stream
of future cash flows, including periodic interest payments and a principal repayment.
BOOK ENTRY: The system maintained by the Federal Reserve, by which most money market
securities are delivered to an investor's custodial bank. The Federal Reserve maintains a
computerized record of the ownership of these securities and records any changes in ownership
corresponding to payments made over the Federal Reserve wire (delivery versus payment.)
BOOK VALUE: The value at which a debt security is shown on the holder's balance sheet. Book
value is acquisition cost less amortization of premium or accretion of discount.
BROKER: A broker brings buyers and sellers together for a commission.
CALLABLE BOND: A bond issue in which all or part of its outstanding principal amount may be
redeemed before maturity by the issuer under specified conditions.
4.7.c
Packet Pg. 166 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is
usually at a slight premium to the bond's original issue price to compensate the holder for loss of
income and ownership.
CALL RISK: The risk to a bondholder that a bond may be redeemed prior to maturity.
CERTIFICATE OF DEPOSIT (CD): A deposit insured up to $100,000 by the FDIC at a set rate
for a specified period of time.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public
monies.
COLLATERALIZED MORTGAGE OBLIGATION (CMO): Classes of bonds that redistribute the
cash flows of mortgage securities (and whole loans) to create securities that have different levels of
prepayment risk, as compared to the underlying mortgage securities.
COMMERCIAL PAPER: An unsecured promissory note of industrial corporations, utilities and bank
holding companies having assets in excess of $500 million and an "A" or higher rating for the
issuer's debentures. Interest is discounted from par and calculated using the actual number of days
on a 360-day year. The notes are in bearer form, mature from one to 270 days and generally start
at $100,000. There is a secondary market for commercial paper and an investor may sell them prior
to maturity. Unused lines of credit back commercial paper from major banks.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for
the City. It includes combined statements and basic financial statements for each individual fund and
account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).
Supplemental information is also included including a detailed multi-year comparative statistics.
COST YIELD: The annual income from an investment divided by the purchase cost. Because it
does not give effect to premiums and discounts which may have been included in the purchase cost,
it is an incomplete measure of return.
COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on
the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.
CREDIT RISK: The risk that principal and/or interest on an investment will not be paid in a timely
manner due to changes in the condition of the issuer.
CURRENT YIELD: The interest paid on an investment expressed as a percentage of the current
price of the security.
CUSTODY: A banking service that provides safekeeping for the individual securities in a customer's
investment portfolio under a written agreement which also calls for the bank to collect and pay out
income, and to buy, sell, receive and deliver securities when ordered to do so by the account holder.
4.7.c
Packet Pg. 167 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling
for his own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMENT (DVP): Delivery versus payment is delivery of securities with an
exchange of money for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the
movement of one or more underlying index or security, and may include a leveraging factor, or (2)
financial contracts based upon notional amounts whose value is derived from an underlying index or
security (interest rates, foreign exchange rates, equities or commodities).
DISCOUNT: The difference between the cost price of a security and its value at maturity when
quoted at lower than face value.
DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued a discount
and redeemed at maturity for full face value, e.g., U.S. Treasury Bills.
DIVERSIFI CATI0N: Dividing investment funds among a variety of securities
offering independent returns.
DURATION: A measure of the timing of the cash flows, such as the interest payments and the
principal repayment, to be received from a given fixed-income security. This calculation is based on
three variables: term to maturity, coupon rate, and yield to maturity. The duration of a security is
a useful indicator of its price volatility for given changes in interest rates.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to
various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers,
farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank
deposits, currently up to $100,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently
pegged by the Federal Reserve through open-market operations.
FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12
regional banks) which lend funds and provide correspondent banking services to member commercial
banks, thrift institutions, credit unions and insurance companies.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA
was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal
corporation working under the auspices of the Department of Housing and Urban Development (HUD).
4.7.c
Packet Pg. 168 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
The corporation is called, is a private stockholder-owned corporation. The corporation's purchases
include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal
Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New
York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating
basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases
and sales of Government Securities in the open market as a means of influencing the volume of
bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and
consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks and about
5,700 commercial banks that are members of the system.
FED WIRE: A wire transmission service established by the Federal Reserve Bank to facilitate the
transfer of funds through debits and credits of funds between participants within the Fed system.
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC or Freddie Mac): A United States
government sponsored corporation.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities
influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers,
commercial banks, savings and loan associations, and other institutions. Security holder is protected
by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA
or FmHA mortgages. The term "pass- throughs" is often used to describe Ginnie Maes.
HAIRCUT: The margin or difference between the actual market value of a security and the value
assessed by the lending side of a transaction (i.e. a repo).
INTEREST RATE: The annual yield earned on an investment, expressed as a percentage.
LEVERAGE: Borrowing funds in order to invest in securities that have the potential to pay earnings
at a rate higher than the cost of borrowing.
LIQUIDITY: Refers to the ability to easily and rapidly convert a security into cash.
LOCAL AGENCY INVESTMENT FUND (LAIF): The local Agency Investment Fund (LAIF) is a
special fund in the California State Treasury created and governed pursuant to Government Code
Sections 16429.1 et seq. There are limits on the maximum dollars deposited by a city as well as the
number of transactions allowed each month.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political
subdivisions that are placed in custody of the State Treasurer for investment and reinvestment.
MAKE WHOLE CALL: A type of call provision on a bond that allows the issuer to pay off the
4.7.c
Packet Pg. 169 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump
sum payment that equals the net present value (NPV) of future coupon payments that will not be
paid because of the call. With this type of call, an investor is compensated, or "made whole."
MARGIN: The difference between the market value of a security and the loan a broker makes using
that security as collateral.
MARKET RISK: The risk that the value of securities will fluctuate with changes in overall market
conditions or interest rates.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or
sold on a specific date.
MARKING TO MARKET: The process of posting current market values for securities in a portfolio.
MATURITY: The date upon which the principal or stated value of an investment becomes due and
payable.
MEDIUM TERM NOTES (MTNs): Unsecured, investment-grade senior debt securities of major
corporations which are sold in relatively small amounts on either a continuous or an intermittent
basis. MTNs are highly flexible debt instruments that can be structured to respond to market
opportunities or to investor preferences.
MODIFIED DURATION: The percent change in price for a 100 basis point change in yields. Modified
duration is the best single measure of a portfolio's or security's exposure to market risk.
MONEY MARKET: The market in which short-term debt instruments (T-bills, discount notes,
commercial paper, and banker's acceptances) are issued and traded.
MONEY MARKET MUTUAL FUND: Mutual funds that invest solely in money market instruments
(short- term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, and
federal funds).
MORTGAGE PASS THROUGH SECURITIES: A securitized participation in the interest and
principal cash flows from a specified pool of mortgages. Principal and interest payments made on
the mortgages are passed through to the holder of the security.
MUNICIPAL SECURITIES: Securities issued by state and local agencies to finance capital and
operating expenses.
MUTUAL FUND: An entity which pools the funds of investors and invests those funds in a set of
securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in
various types of domestic and/or international stocks, bonds, and money market instruments, as
set forth in the individual fund's prospectus. For most large, institutional investors, the costs
associated with investing in mutual funds are higher than the investor can obtain through an
4.7.c
Packet Pg. 170 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
individually managed portfolio.
NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD): A self-regulatory organization
(SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate
includes authority over firms that distribute mutual fund shares as well as other securities.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NSROs); Credit rating
agencies whose ratings are permitted to be used for regulatory purposes such as those imposed by
the Securities and Exchange Commission.
NEGOTIABLE CERTIFICATE OF DEPOSIT: A large denomination certificate of deposit which can
be sold in the open market prior to maturity.
NEW ISSUE: Term used when a security is originally "brought" to market.
OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an
offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities
in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to
influence the volume of money and credit in the economy. Purchases inject reserves into the bank
system and stimulate growth of money and credit; sales have the opposite effect. Open market
operations are the Federal Reserve' s most important and most flexible monetary policy tool.
PORTFOLIO: Collection of securities held by an investor.
PREMIUM: The amount by which the price paid for a security exceeds the security's par value.
PREPAYMENT SPEED: A measure of how quickly principal is repaid to investors in mortgage
securities.
PREPAYMENT WINDOW: The time period over which principal repayments will be received on
mortgage securities at a specified prepayment speed.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market
activity and positions and monthly financial statements to the Federal Reserve Bank of New York
and are subject to its informal oversight. Primary dealers include Securities and Exchange
Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms.
PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested
in a given security.
PRUDENT PERSON (PRUDENT INVESTOR) RULE: A standard of responsibility which applies to
fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill,
prudence and diligence, under the circumstances then prevailing, that a prudent person, acting in
4.7.c
Packet Pg. 171 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
a like capacity and familiar with such matters, would use in the conduct of an enterprise of like
character and with like aims to accomplish similar purposes."
PURCHASE DATE: The date in which a security is purchased for settlement on that or a later date.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current
market price. This may be the amortized yield to maturity on a bond or the current income return.
REALIZED YIELD: The change in value of the portfolio due to interest received and interest earned
and realized gains and losses. It does not give effect to changes in market value on securities,
which have not been sold from the portfolio.
REGIONAL DEALER: A financial intermediary that buys and sells securities for the benefit of its
customers without maintaining substantial inventories of securities and that is not a primary dealer.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an
investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer"
in effect lends the "seller" money for the period of the agreement, and the terms of the agreement
are structured to compensate him for this.
RULE 2a-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds
and mandates such funds to maintain certain standards, including a 13- month maturity limit and
a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar
($1.00).
SAFEKEEPING: See CUSTODY.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following
the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors m
securities transactions by administering securities legislation.
SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds.
STRUCTURED NOTE: A complex, fixed income instrument, which pays interest, based on a
formula tied to other interest rates, commodities or indices. Examples include inverse floating rate
notes which have coupons that increase when other interest rates are falling, and which fall when
other interest rates are rising, and "dual index floaters," which pay interest based on the relationship
between two other interest rates - for example, the yield on the ten-year Treasury note minus the
Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate
swap agreements.
TENNESSEE VALLEY AUTHORITY (TVA): The Tennessee Valley Authority provides flood control
and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River
4.7.c
Packet Pg. 172 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
20
valleys. TVA currently issues discount notes and bonds.
TIME CERTIFICATE OF DEPOSIT: A non-negotiable certificate of deposit which cannot be sold
prior to maturity.
TOTAL RATE OF RETURN: A measure of a portfolio's performance over time. It is the internal
rate of return, which equates the beginning value of the portfolio with the ending value; it includes
interest earnings, realized and unrealized gains, and losses in the portfolio.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance
the national debt. Most bills are issued to mature in three months, six months, or one year and are
sold on a discount basis.
TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of more than 10 years.
TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of I to 10 years.
U.S. GOVERNMENT AGENCIES: Instruments issued by various US Government Agencies most
of which are secured only by the credit worthiness of the particular agency.
VOLATILITY: The rate at which security prices change with changes in general economic
conditions or the general level of interest rates.
WEIGHTED AVERAGE MATURITY (WAM): The average maturity of all the securities that comprise
a portfolio that is typically expressed in days or years.
YIELD: The rate of annual income return on an investment, expressed as a percentage. It is
obtained by dividing the current dollar income by the current market price of the security.
YIELD TO MATURITY: The rate of income return on an investment, minus any premium or plus
any discount, with the adjustment spread over the period from the date of purchase to the date of
maturity of the bond, expressed as a percentage.
YIELD CURVE: The yield on bonds, notes or bills of the same type and credit risk at a specific
date for maturities up to thirty years.
ZERO-COUPON SECURITY: Security that is issued at a discount and makes no periodic interest
payments. The rate of return consists of a gradual accretion of the principal of the security and is
payable at par upon maturity.
4.7.c
Packet Pg. 173 Attachment: 3. Statement of Investment Policy for the CIty of Dublin (Redline) (Annual Review of City’s Investment Policy)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
2019 Development Agreement Review
Prepared by: Jeff Baker, Community Development Director and Anastasia
Nelson, Administrative Technician
EXECUTIVE SUMMARY:
The City Council will receive a report on the annual review of active Development
Agreements. Development Agreements are reviewed annually to ensure compliance
with the terms and provisions of the Agreements pursuant to the California Government
Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code.
STAFF RECOMMENDATION:
Adopt the Resolution Finding that Developers Having Obligations Under Active
Development Agreements and Supplemental Agreements as Amended, Have Complied
in Good Faith with the Terms and Provisions of the Agreements.
FINANCIAL IMPACT:
The fiscal impacts of these projects were addressed as part of a fiscal analysis
performed for each approved project. All financial obligations of the subject developers
have been met pursuant to the terms provided in their respective Development
Agreements.
DESCRIPTION:
An annual review of active Development Agreements is required by California
Government Code Section 65865.1 and Chapter 8.56 of the Dublin Municipal Code.
During the review period, occurring in July and August of each year, Staff reviews each
active Development Agreement to ensure compliance with the terms and provisions of
the agreement. The burden of demonstrating good faith compliance is on the respective
developer and/or property owner. Staff from Administrative Services, Community
Development, Fire Prevention, Parks and Community Services, and Public Works have
also completed a thorough and detailed assessment of the developer’s compliance with
the requirements contained in the applicable agreements.
4.8
Packet Pg. 174
Page 2 of 2
Following the review, Staff presents the findings and recommends to the City Council to
either: (1) determine that the parties are in compliance and conclude the review; or, (2)
determine that the parties have not complied in good faith, in which case the City
Council must request that the matter of compliance be considered at a noticed public
hearing. At said public hearing, the City Council may modify or terminate the
Development Agreement upon making certain findings based on substantial evidence
that the developer has not complied in good faith with the Agreement.
The following active Development Agreements, identified in Table 1 below, we re subject
to the 2019 annual review. Based on Staff’s review, all required public improvements,
payments, and scheduled financial obligations have been satisfied by each of the
developers and property owners. Staff concluded that each of the developers/owners
are proceeding in good faith with the terms of their Development Agreement, and is
therefore recommending that the report be accepted by the City Council and the annual
review be concluded.
Table 1: Active Development Agreements
No. Development Project Expiration Date Compliant
1. Ashton at Dublin Station 08/16/2023 Yes
2. Dublin Crossings (Boulevard) 12/20/2033 Yes
3. Dublin Ranch West (Wallis Ranch) 02/19/2024 Yes
4. Jordan Ranch 07/22/2020 Yes
5. Kaiser Dublin Medical Center 11/04/2041 Yes
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public notice is required. However, a formal notification of the 2019 Development
Agreement Annual Review was sent to the parties of the Development Agreements.
ATTACHMENTS:
1. Resolution of Compliance with the 2019 Development Agreement Review
4.8
Packet Pg. 175
ATTACHMENT 1
RESOLUTION NO. XX - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT
AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED, HAVE COMPLIED IN
GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS
WHEREAS, as of July 1, 2019, the following projects have active Development
Agreements with the City of Dublin: Ashton at Dublin Station, Dublin Crossings (Boulevard),
Dublin Ranch West (Wallis Ranch), Jordan Ranch, and Kaiser Dublin Medical Center; and
WHEREAS, the annual review of active Development Agreements is required by
California Government Code Sections 65864 – 65869.5, and Chapter 8.56 of the Dublin
Municipal Code; and
WHEREAS, during the review period, occurring in July and August of each year, Staff
reviews the development agreements to ensure compliance of the terms and provisions of the
Agreements; and
WHEREAS, the burden of demonstrating good faith compliance with the Agreements
rests with the Developers; and
WHEREAS, the appropriate City Departments have reviewed each of the active
Development Agreements, and confirmed that the developers are in compliance with the terms
of the Agreements; and
WHEREAS, Staff presents and recommends that the City Council determine the parties
are in compliance and conclude the review.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council concludes its review of
the above referenced active Development Agreements and Supplemental Agreements as Amended,
and determines that the Developers having obligations under said Agreements have complied in
good faith with the terms and provisions of the Agreements.
PASSED, APPROVED AND ADOPTED this 17th day of September, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.8.a
Packet Pg. 176 Attachment: 1. Resolution of Compliance with the 2019 Development Agreement Review (2019 Development Agreement Review)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Revisions to the Personnel System
Prepared by: Angelica Smith, Senior Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider proposed changes to the City’s current Personnel
System. The proposed adjustments are based on the need revise the City’s Personnel
Rules and Benefit Plan.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Benefit Plan and adopt the Resolution Amending
the Personnel Rules.
FINANCIAL IMPACT:
The proposed changes to the Personnel System, if approved by the City Council, will
not require a budget adjustment.
DESCRIPTION:
Health and Welfare monthly contribution
The City currently contracts with the California Public Employees’ Retirement System
(CalPERS) for the provision of health benefits as do several other public agencies.
The City Council is being asked to amend the City’s Benefit Plan (Attachment 1)
establishing the City’s maximum medical insurance contribution of $1,780.31 per month
effective January 1, 2020 (an increase of $0.31 per month from 2019). The City and
employees have agreed to health contribution adjustments based on the an nual
difference in CalPERS Kaiser Family rates with a maximum additional City contribution
of no greater than $100 per month. Sufficient funds have been established by the
adoption of the City Fiscal Year 2019-20 Budget to cover City paid health and welfare
benefits.
4.9
Packet Pg. 177
Page 2 of 2
Holiday Closure/Floating Holidays
The City Manager proposes that City facilities (City Hall, [non-essential] Police Services,
Shannon Center, Dublin Senior Center, Dublin Swim Center, and Heritage Center
Offices) close during the 2019 Holida y/Christmas week and provide City Staff with three
(3) designated Floating Holidays for use during this time period. The three (3) Floating
Holidays will be used specifically for December 23, 26 and 27, 2019; the balance of
days will be covered by the City’s regular and observed holiday schedule.
The closure of City facilities during this period will result in operational savings such as
contracted maintenance staffing, electricity and other ancillary savings to the City. The
proposed Floating Holidays also serve as recognition to City employees for their high
level of dedication and continued commitment to serving the Dublin community.
Resolutions (Attachments 1 and 2) must be adopted to amend the City’s Benefit Plan
and Personnel System Rules establishing the designated floating holidays for this
specific purpose.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Not Applicable.
ATTACHMENTS:
1. Resolution Amending the Benefit Plan
2. Resolution Amending the Personnel Rules
4.9
Packet Pg. 178
ATTACHMENT 1
RESOLUTION NO. XXX –19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING THE BENEFIT PLAN
WHEREAS, the Personnel System Rules requires the City Council to adopt a Benefit
Plan; and
WHEREAS, the Benefit Plan prescribes the current benefits provided to employees by
the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby amend Resolution 109-15 and subsequent amendments to include the following:
Section 2. Medical Insurance: All City employees who are members of the California Public
Employees Retirement System (CalPERS) shall be eligible to select from plans administered by
the Public Employees Medical and Hospital Care Act (PEMHCA).
Beginning with the January 1, 2020 premium, the City of Dublin will contribute a maximum of up
to $1,780.31 per month premium, exclusive of administrative charges, towards medical
insurance. If the cost of coverage exceeds the amount of the City contribution, the additional
cost will be paid by the employee through payroll deductions or at the employee’s option to the
extent allowed by Section 4 of the Benefit Plan.
Section 12 (n). Designated Floating Holidays in 2019: On December 1, 2019, full- and part-
time regular City employees shall be afforded three (3) designated floating holidays for the sole
use on December 23, 26, and 27, 2019. Eligible employees regularly scheduled to work between
20 and 40 hours per week shall have a pro-rated share based on hours regularly scheduled.
PASSED, APPROVED AND ADOPTED this 17th day of September, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
4.9.a
Packet Pg. 179 Attachment: 1. Resolution Amending the Benefit Plan (Amending the Benefit Plan and Personnel Rules)
ATTACHMENT 2
RESOLUTION NO. - 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING THE PERSONNEL SYSTEM RULES
WHEREAS, the City Council is authorized to adopt rules for the administration of the
City’s Personnel System; and
WHEREAS, the City Council adopted Resolution 84-08 and subsequent amendments
establishing the Personnel System Rules; and
WHEREAS, the objective of these rules is to facilitate efficient and economical services
to the public and provide for an equitable syst em of personnel management in municipal
government.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby amend and replace the section of the Personnel System Rules as follows:
RULE 11.2.20. Holidays
(n) “Designated Floating Holidays in 2019” On December 1, 2019, full- and part-time regular
City employees shall be afforded three (3) designated floating holidays for the sole use
on December 23, 26, and 27, 2019. Eligible employees regularly scheduled to work
between 20 and 40 hours per week shall have a pro-rated share based on hours
regularly scheduled.
BE IT FURTHER RESOLVED that the changes contained herein shall be effective July
1, 2019.
PASSED, APPROVED AND ADOPTED this 17th day of September, 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
4.9.b
Packet Pg. 180 Attachment: 2. Resolution Amending the Personnel Rules (Amending the Benefit Plan and Personnel Rules)
Attachment 1
4.9.b
Packet Pg. 181 Attachment: 2. Resolution Amending the Personnel Rules (Amending the Benefit Plan and Personnel Rules)
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Discussion on the City of Dublin's Sister City Activities
Prepared by: Suzanne Iarla, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider providing a one-time contribution to the Dublin Sister City
Association in support of the Green & White Gala event in 2020, consider the Mayor
traveling to Ireland at the invitation of the Wicklow County Council, and receive a report
on the City's participation in Sister Cities International.
STAFF RECOMMENDATION:
1) Receive a brief presentation from the Dublin Sister City Association (DSCA); 2)
Discuss and consider a one-time only contribution to DSCA of $5,000 towards the
Green & White Gala in March, 2020; 3) Discuss and consider the Mayor traveling to
Bray, Ireland in 2019 to participate in a planning meeting to discuss a visit by a City of
Dublin delegation to Bray, Ireland in 2020; and, 4) Receive a report on the City's
participation in Sister Cities International.
FINANCIAL IMPACT:
Neither a contribution to support the Green & White Gala, or a trip to Ireland are
currently budgeted.
If the City Council decides to make a contribution to the Dublin Sister City Association in
support of the 2020 Green & White Gala, a mid-year budget adjustment could be
prepared.
If the City Council decides the Mayor should travel to Ireland for a planning meeting with
representatives from Bray and Wicklow County, a mid-year budget adjustment could be
prepared.
DESCRIPTION:
At the June 18, 2019 City Council meeting, Councilmember Josey raised the topic of
support for the Dublin Sister Cities Association (DSCA) and there was agreement to put
the item on a future agenda for discussion. Since that time, the Mayor also received an
8.1
Packet Pg. 182
Page 2 of 3
invitation from the Wicklow County Council in Ireland to travel to Bray, Ireland this fall
for a planning meeting to discuss a visit by a City of Dublin delegation in 2020, as w ell
as to discuss a possible new "Twinned Counties" relationship. This item originally
appeared on the August 20, 2019 City Council agenda, but was continued by the City
Council.
Dublin Sister City Association
DSCA incorporated as an organization in 1987 to foster Dublin’s new sister city
relationship with Bray, Ireland. For the past three decades, DSCA has annually hosted
several representatives from Bray who visit in March to participate in Dublin’s annual St.
Patrick’s Day celebrations. The Green & White Gala, an annual formal dinner with live
entertainment held on the weekend of the St. Patrick’s Day celebrations, is DSCA’s
signature event and is held in honor of the visitors from Bray.
The DSCA has a five-seat board and holds general member meetings three times each
year. DSCA’s primary source of revenue is membership dues. According to DSCA,
membership has declined in recent years from more than 80 to approximately 35 people
and DSCA’s financial status has dwindled. The City is a member of DSCA and pays
annual dues of $25 per year.
According to DSCA, the cost to put on the Green & White Gala has increased in recent
years and revenue for the Gala no longer covers the full expense of the event. DSCA is
seeking financial support from the City in order to continue to host the Gala event.
Invitation from the Wicklow County Council
In June of 2019, Mayor Haubert received an invitation (Attachment 1) from the Wicklow
County Council in Ireland to travel this fall to Ireland for a planning meeting to discus s a
visit by a City of Dublin delegation in 2020, as well as to discuss a possible new sister or
"Twinned Counties" relationship between Alameda County and Wicklow County. Town
twinning is a common term used in Europe to describe an official relationship -building
effort and means the same as “sister cities” or “sister counties.”
Staff has researched the cost for Mayor Haubert to travel to Bray, Ireland and estimates
the cost for a 3-night, 4-day stay not exceed $2,500.
Sister Cities International
Sister Cities International creates relationships based on cultural, educational,
information and trade exchanges creating lifelong friendships that provide prosperity
and peace through person-to-person “citizen diplomacy.” The Northern California
Chapter of Sister Cities International has more than 40 member cities and assists Sister
Cities International members by promoting and developing sister city activities in
Northern California.
The City was previously a member of Sister Cities International, however, the City’s
membership was not renewed in 2017 due to an administrative error. Since that time,
Staff has renewed the City’s membership.
STRATEGIC PLAN INITIATIVE:
N/A
8.1
Packet Pg. 183
Page 3 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Kim Halket, the President of the Dublin Sister City Association has been invited to make
a brief presentation at the meeting.
ATTACHMENTS:
1. Invitation from Wicklow County Council
8.1
Packet Pg. 184
8.1.aPacket Pg. 185Attachment: 1. Invitation from Wicklow County Council (Sister Cities Activities)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: September 17, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Update on Dublin's Economic Development Activities
Prepared by: Hazel L. Wetherford, Economic Development Director
EXECUTIVE SUMMARY:
The City Council will receive a brief update on economic development activities.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
The City of Dublin continues to focus efforts on ensuring Dublin maintains competitive
with a strong and diverse economic base and supports policies that promote economic
growth and sustainability.
In 2018, the City Council adopted the City Council Two -Year Strategic Plan which
included four strategies. Strategy 4 focuses efforts on ways to strengthen the City’s
economic vitality, including the Downtown, through public investment and economic
development. The Strategic Objectives associated with Strategy 4 are as follows:
a. Continue implementing the recommendations in the City’s adopted Economic
Development Strategic Plan, including offering of incentives and other grants to
small businesses to make physical improvements to properties.
b. Market, in conjunction with property owners, the opportunity s ites.
c. Work with Downtown property owners on updating the CC&Rs to facilitate retail
transition.
d. Work with Downtown property owners on building/site improvements.
This presentation will provide an overview of ongoing economic development activities
which have occurred over the past six months.
8.2
Packet Pg. 186
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
Strategy 4:
Focus efforts on ways to strengthen the City’s economic vitality, including the
Downtown, through public investment and economic development.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
None.
8.2
Packet Pg. 187