Agenda packet — Dublin City Council, February 15, 2022 (part 1 of 3)

February 15, 2022 Dublin City Council Regular Meeting Agenda

COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember

Regular Meeting of the

DUBLIN CITY COUNCIL

Tuesday, February 15, 2022 Location: City Council Chamber Civic Center
100 Civic Plaza
Dublin, CA 94568

CLOSED SESSION 5:30 PM
REGULAR MEETING 7:00 PM

This meeting will be held in person for the public, and all members of the City Council will be participating in person from the City Council Chamber at Civic Center, 100 Civic Plaza, Dublin, California. Pursuant to Alameda County Health Officer Order No. 21-03, members of the public attending the meeting must wear a face covering over the nose and mouth at all times while indoors, even while speaking at the podium.

Additional Meeting Procedures Available During the COVID-19 Pandemic

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:

 Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, February 15, 2022. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.

 Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

 When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.

1 February 15, 2022 Dublin City Council Regular Meeting Agenda

CLOSED SESSION 5:30 PM

I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case.

II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case.

Facts and circumstances: Letter from Kevin Shenkman to City Clerk, dated December 29, 2021

REGULAR MEETING 7:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. ORAL COMMUNICATIONS

3.1 Employee Introductions
New City of Dublin Staff members, Sarah Monnastes, Human Resources Director and Oliver Castillo, Assistant Civil Engineer with Public Works, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

Staff Report

3.2 St. Patrick’s Day Celebration Preview
The City Council will receive a presentation that previews the annual St. Patrick’s Day Celebration which will be held the weekend of March 11-13, 2022, including protocols related to the COVID-19 pandemic.

STAFF RECOMMENDATION:

Receive the presentation.

Staff Report
Item 3.2 - PowerPoint Presentation

3.3 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 Co uncil 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 2 February 15, 2022 Dublin City Council Regular Meeting Agenda

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 February 1, 2022 Regular City Council Meeting Minutes and February 5, 2022 Special City Council Meeting Minutes
The City Council will consider approval of the minutes of the February 1, 2022 Regular City Council Meeting and February 5, 2022 Special City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the February 1, 2022 Regular City Council Meeting and February 5, 2022 Special City Council Meeting.

Staff Report
Attachment 1 - February 1, 2022 Regular City Council Meeting Minutes Attachment 2 - February 5, 2022 Special City Council Meeting Minutes

4.2 Heritage Park Public Art Selection
The City Council will consider the artwork selections and locations for the Heritage Park Public Art Project as recommended by the Heritage and Cultural Arts Commission and the Parks and Community Services Commission and adopt resolutions approving Public Art Agreements with Romo Studios and Brian Keith for Public Art Projects at Heritage Park.

STAFF RECOMMENDATION:

Approve the artwork selections and locations, adopt the Resolution Approving a Public Art Agreement with Romo Studios for a Public Art Project at Heritage Park, adopt the Resolution Approving a Public Art Agreement with Brian Keith for a Public Art Project at Heritage Park, and approve the budget change.

Staff Report
Attachment 1 - Resolution Approving a Public Art Agreement with Romo Studios for a Public Art Project at Heritage Park
Attachment 2 - Exhibit A to the Resolution - Public Art Agreement with Romo Studios Attachment 3 - Resolution Approving a Public Art Agreement with Brian Keith for a Public Art Project at Heritage Park
Attachment 4 - Exhibit A to the Resolution - Public Art Agreement with Brian Keith Attachment 5 - Budget Adjustment
Attachment 6 - 2020-2025 CIP - Current and Post Adjustment Budget

4.3 City Treasurer's Informational Report of Investments for the Quarter Ending December 31, 2021
The City Council will receive an informational report of the City’s investments through the quarter ending December 31, 2021 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $382,522,878 (market value) with an average market yield of 0.60%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months.

STAFF RECOMMENDATION:

Receive the City Treasurer's Informational Report of Investments for the Quarter Ending December 31, 2021.

Staff Report
Attachment 1 - City of Dublin Investment Report for Period Ending December 31, 2021 Attachment 2 - Transaction Ledger - October through December 2021 3 February 15, 2022 Dublin City Council Regular Meeting Agenda

4.4 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from January 1, 2022 - January 31, 2022 totaling $13,690,767.41.

STAFF RECOMMENDATION:

Receive the report.

Staff Report
Attachment 1 - Payment Issuance Report for January 2022

5. WRITTEN COMMUNICATION – None.

6. PUBLIC HEARING

6.1 Fallon East General Plan and Eastern Dublin Specific Plan Amendment (PLPA-2021- 00009)
The City Council will consider approval of a General Plan and Eastern Dublin Specific Plan Amendment for approximately 73 acres east of Fallon Road on the GH PacVest and Alameda properties. The amendment would change the existing General Plan and Eastern Dublin Specific Plan land use designation from General Commercial to General Commercial/Campus Office. Additionally, the City Council will consider an Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate and adopt the Resolution Approving an Addendum to the Eastern Dublin Specific Plan Environmental Impact Reports and Approving the General Plan and Eastern Dublin Specific Plan Amendment for 72.1 Acres of the GH PacVest Property and the 1.25-Acre Alameda Property.

Staff Report
Attachment 1 - Resolution Approving an Addendum to the East Dublin Specific Plan Environmental Impact Reports and Approving the General Plan and Eastern Dublin Specific Plan Amendment
Attachment 2 - Exhibit A to the Resolution - CEQA Addendum Attachment 3 - Planning Commission Resolution No. 21-12 Item 6.1 - PowerPoint Presentation

6.2 Citywide Multi- Family Objective Design Standards, Zoning Ordinance Amendments, and Master Fee Schedule Amendments (PLPA-2022-00002)
The City Council will consider approval of the Citywide Multi-Family (MF) Objective Design Standards (ODS) and companion amendments to Title 8 (Zoning) of the Dublin Municipal Code. State law requires local jurisdictions to provide a streamlined ministerial approval process for eligible multi-family residential developments, subject to objective zoning and design review standards. The proposed MF ODS and Zoning Ordinance Amendments would ensure that objective zoning and design review standards are in place. The City Council will also consider adopting amendments to the Master Fee Schedule to establish a fee for Zoning Clearances for Housing Projects Eligible for Streamlined Approval.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, waive the reading and INTRODUCE the Ordinance approving the Citywide Multi-Family Objective Design Standards and amendments to Dublin Municipal Code Chapter 8.36 (Development Regulations), Chapter 8.104 (Site 4 February 15, 2022 Dublin City Council Regular Meeting Agenda

Development Review), and Chapter 8.116 (Zoning Clearance), and adopt the Resolution amending the Master Fee Schedule by establishing one new application fee, based on time and materials, for Zoning Clearances for Housing Projects Eligible for Streamlined Approval.

Staff Report
Attachment 1 - Ordinance Approving the Citywide Multi-Family Objective Design Standards and Related Zoning Ordinance Amendments
Attachment 2 - Exhibit A to Attachment 1 - Citywide Multi-Family Objective Design Standards
Attachment 3 - Redlines of Proposed Zoning Ordinance Amendments Attachment 4 - Resolution Amending the Master Fee Schedule by Establishing an Application Fee, Based on Time and Materials, for Zoning Clearances for Housing Projects Eligible for Streamlined Approval Effective Citywide Attachment 5 - Planning Commission Resolution No. 22-01 (without exhibits) Item 6.2 - PowerPoint Presentation

7. UNFINISHED BUSINESS

7.1 SCS Property Community Outreach
On March 2, 2021, the City Council approved a City-led Community Outreach process for the SCS Property to create a foundation for future discussions about appropriate land uses for the property. Staff and the consultant team lead by ELS Architecture & Urban Design and Urban Field Studio in concert with the community, Planning Commission and City Council have worked to develop a Preferred Plan for the SCS Property. The City Council will receive a presentation and consider approving the Preferred Plan.

STAFF RECOMMENDATION:

Receive presentation and adopt the Resolution Approving the Preferred Plan for the SCS Property.

Staff Report
Attachment 1 - Resolution Approving the Preferred Plan for the SCS Property Attachment 2 - Exhibit A to the Resolution - Preferred Plan Attachment 3 - Planning Commission Resolution No. 22-02 Attachment 4 - Public Comment
Item 7.1 - PowerPoint Presentation
Item 7.1 - SB 343

7.2 Authorize a Budget Shift to Fiscal Year 2021-22 for the Iron Horse Nature Park and Open Space Project
The City Council will consider shifting funds to Fiscal Year 2021-22 for the Iron Horse Nature Park and Open Space project (CIP No. PK0422) to allow for design work to begin in the current fiscal year on the first phase of the project to meet a State Grant deadline for a completed project by December 31, 2023.

STAFF RECOMMENDATION:

Approve a budget change authorizing the shifting of funds to Fiscal Year 2021-22.

Staff Report - Iron Horse Nature Park and Open Space Project Attachment 1 - CIP No. PK0422 as Approved in 2020-2025 CIP Attachment 2 - CIP No. PK0422 with Funding Shift
Attachment 3 - Budget Change
Attachment 4 - Approved Iron Horse Nature Park and Open Space Master Plan Excerpts 5 February 15, 2022 Dublin City Council Regular Meeting Agenda

Item 7.2 - PowerPoint Presentation

8. NEW BUSINESS

8.1 Transition to District-Based Councilmember Elections Earlier this year, the City received a notification threatening litigation under the California Voting Rights Act if the City did not convert from at-large elections for electing members of the City Council to district-based elections. The City Council will consider adopting a resolution of intent to transition from at-large elections to a district-based councilmember election system.

STAFF RECOMMENDATION:

Adopt the Resolution Declaring Its Intention to Transition From an At-Large Election System to a District-Based Election System.

Staff Report
Attachment 1 - Resolution Declaring Its Intention to Transition From an At-Large Election System to a District-Based Election System
Attachment 2 - Demand Letter from Shenkman and Hughes
Item 8.1 - PowerPoint Presentation

8.2 Discussion Regarding City Council Salaries
The City Council will discuss options regarding adjustments to Councilmember salaries.

STAFF RECOMMENDATION:

Discuss and provide direction to Staff regarding adjustments to City Council salaries.

Staff Report
Attachment 1 - Ordinance No. 10-20 Amending Dublin Municipal Code Section 2.08 Attachment 2 - Dublin Municipal Code Section 2.08.020

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, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.

6 February 15, 2022 Dublin City Council Regular Meeting Agenda

7 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.1
DATE: February 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introductions
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

New City of Dublin Staff members, Sarah Monnastes, Human Resources Director and Oliver Castillo, Assistant Civil Engineer with Public Works, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

FINANCIAL IMPACT:

None.

DESCRIPTION:

New City of Dublin Staff members, Sarah Monnastes, Human Resources Director and Oliver Castillo, Assistant Civil Engineer with Public Works, will be introduced to the City Council.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
8 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.2
DATE: February 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: St. Patrick’s Day Celebration Preview
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:

The City Council will receive a presentation that previews the annual St. Patrick’s Day Celebration which will be held the weekend of March 11-13, 2022, including protocols related to the COVID-19 pandemic.

STAFF RECOMMENDATION:

Receive the presentation.

FINANCIAL IMPACT:

The budget for the St. Patrick’s Day Celebration is included as part of the City’s annual operating budget.

DESCRIPTION:

The City of Dublin’s 38th annual St. Patrick’s Day Celebration will be held the weekend of March 11-13, 2022. The Celebration weekend includes the Shamrock Gala, the Lions Club Parade, the Pancake Breakfast, Festival and Fun Run.

St. Patrick’s Day Festival
The signature event is the St. Patrick’s Day Festival, which runs March 12 and 13 from 10:00 a.m. to 5:00 p.m. at the Dublin Civic Center. While the event is returning and will provide an experience that the community is accustomed to, the ongoing impacts related to the COVID-19 pandemic will result in certain changes to the event as outlined below.

The Festival will have a strong focus on Irish music, dance, food, and drink, and will feature three outdoor stages. The Dance Stage will be devoted to Irish dancers performing Irish Step Dance. The 9

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Pub Stage will offer a mix of Irish music including Celtic rock, Irish pub, and traditional Irish folk music as well as a roaming bagpiper and leprechaun. The Main Stage headliner bands include the popular Celtic rock band, Tempest, The U2 experience band Zoo Station, the high energy Irish Band Fast & Vengefully, CaliCeltic, and Piano Madness, a dueling piano act.

The Festival will also feature an authentic Irish Tea Cottage. This year, the event will be moved outside into the Civic Center courtyard allowing for an open-air experience. Guests will be served tea cookies, scones, and shortbread along with freshly brewed Irish tea. Celtic Food Court vendors will sell traditional Irish fish and chips, bangers and mash, and boxty (Irish potato pancakes) along with the Irish American favorite, corned beef and cabbage. Guests can also find Irish-inspired food items such as Guinness marinated tri-tip, corned beef sliders, and banger corn dogs. The Dublin Rotary Club will again manage beverage operations, with two bars serving Guinness, Harp, and Smithwick's beers on tap, in addition to wine.

Vendors in the Irish Marketplace will sell Irish tartan kilts, scarves, wraps and capes, Celtic jewelry, artwork, metalwork, pottery, Irish shortbread, scones, and cakes. More than 100 other arts and crafts vendors will also be on hand. Carnival rides will be set up in a portion of the Dublin Sports Grounds parking lot. New this year will be a Petting Zoo featuring an array of miniature animals such as mini-horses, goats, sheep, silkie chickens, rabbits, ducks, and pony rides.

In collaboration with the Dublin Arts Collective, an art project that combines the Celebration of the City’s 40th Anniversary and St. Patrick’s Day will be included. Additionally, the City recently contracted with two artists to commission works of art using wood recovered from a fallen oak tree. These pieces of art will be unveiled and on display for the duration of the Celebration.

To mitigate traffic and parking issues throughout the weekend, Staff has arranged offsite parking for sponsors, volunteers, vendors, and the public at Carl Zeiss Meditec, Inc., 5300 Central Parkway, with a free shuttle bus operating 7:00 a.m. to 6:00 p.m. both days. Staff is reaching out to local corporations, particularly those west of Civic Center, to request use of their parking lots. The City provides participating business owners with insurance and arranges to have their lots swept clean after the event. Additionally, all neighboring businesses will be provided event information sheets related to impacts on traffic and parking.

Furthermore, the City is once again partnering with BART and LAVTA to offer free bus rides from both BART stations via the Wheels Rapid 30R bus and discount rides within Dublin via Lyft, Uber, and DeSoto Cab. Cycling to the Festival is also encouraged, and the City will provide free secure bike parking at two bike valet stations.

Overall, while the 2022 St. Patrick’s Day Festival will return and provide for an experience that the community is accustomed to, noticeable changes will be in place to ensure the safety of all those in attendance. Following a meeting with the California Department of Public Health (CDPH), in which the City presented details on the Festival, the following safety measures were identified:
 Provide mass marketing, outreach, and messaging related to vaccines, negative testing, masking, and inherent health risks.
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 Adjust the Festival footprint to allow for additional spacing in highly congested areas including the carnival.
 Collaborate with service providers including CA Notify to offer testing services 48- 72 hours ahead of the event and additional onsite services.  Offer the Tea Cottage completely outdoors.
 Provide masks and sanitization products on site, as well as increased sanitizing of high touch areas.
 Coordinate with vendors to encourage mask wearing of those frequently interacting with the public.

The City will continue to monitor guidance from the CDPH related to the COVID-19 pandemic and outdoor events and make adjustments as necessary.

Impacts to the Civic Center and Library parking lots will begin Wednesday, March 9, 2022, while setup is taking place.

Shamrock Gala – New Event
In addition to the Festival, the weekend kicks off on Friday evening with a new event called the Shamrock Gala, hosted by the Dublin Historical Society. The event will be ticketed and hosted at The Wave. Tickets are $50 and will be available at the Society’s website.

Pancake Breakfast
On Saturday morning Fire Station #16 and International Association of Fire Fighters Local 55 will host the annual Firefighters Pancake Breakfast starting at 7:00 a.m. The breakfast will feature green pancakes, sausage, eggs, juice, and coffee.

Lions Club Parade
Also on Saturday, The Dublin Lions Club will host the 38th annual St. Patrick's Day Parade starting at 9:30 a.m. The parade begins at Dublin Boulevard and Amador Plaza Road, traveling east on Dublin Boulevard, north on Village Parkway, and west on Amador Valley Boulevard to end near the Dublin Senior Center. The parade is expected to feature more than 80 entries, including local marching bands, floats, equestrian groups, bagpipers, and community groups.

Fun Run
Sunday morning, the City will sponsor the Shamrock 5K Fun Run and Walk, with the race ending at the Festival Main Stage. Runners will enjoy live music, refreshments and other giveaways in the post-race area, and many Festival vendors will open early to welcome runners at the finish line.

The Shamrock 5K is expected to attract more than 1,500 participants.

Sponsorship and vendor recruitment are underway for this year's events. Sponsors for the Festival and Fun Run include UDR at Dublin Station, Dick’s Sporting Goods, All Natural Stone, and many more.
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STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
12 Preview of the 2022
St. Patrick’s Day Celebration
City Council Meeting – February 15, 2022
13 COVID Safety & Precautions
14 Shamrock Gala
Friday, March 11 – 6:00 p.m.
15 Firefighter’s Pancake Breakfast
Saturday, March 12 - 7:00 a.m.
16 37th Annual Lion’s Club Parade
Saturday, March 12 – 9:30 a.m.
17 23rd Annual Shamrock
5K Fun Run & Walk
Sunday, March 13 – 8:30 a.m.
18 38th Annual St. Patrick’s Day Festival
Saturday, March 12 & Sunday, March 13
10:00 a.m. – 5:00 p.m.
19 Pub & Main Stage
20 T ea Cottage & Irish Dance Stage
21 Carnival & Petting Zoo
22 Vendors & Food Court
23 Sponsors
24 See Y ou There!
25 STAFF REPORT

CITY COUNCIL

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Agenda Item 4.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the February 1, 2022 Regular City Council Meeting and February 5, 2022 Special City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the February 1, 2022 Regular City Council Meeting and February 5, 2022 Special City Council Meeting Minutes.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the February 1, 2022 Regular City Council Meeting and February 5, 2022 Special City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

DATE: February 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the February 1, 2022 Regular City Council Meeting Minutes and February 5, 2022 Special City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
26

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ATTACHMENTS:
1) February 1, 2022 Regular City Council Meeting Minutes 2) February 5, 2022 Special City Council Meeting Minutes 27 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: February 1, 2022

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 1, 2022
Attachment 1
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings CLOSED SESSION 6:01 PM
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case.

II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case.

Facts and circumstances: Letter from Kevin Shenkman to City Clerk, dated December 29, 2021

REGULAR MEETING
A regular meeting of the Dublin City Council was held on Tuesday, February 1, 2022, in the City Council Chamber. The meeting was called to order at 7:09 PM., by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Jean Josey, Vice Mayor Present
Shawn Kumagai, Councilmember Present
Michael McCorriston, Councilmember Present
Dr. Sherry Hu, Councilmember Present
2) REPORT ON CLOSED SESSION
Mayor Hernandez reported there was no reportable action. 28 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 1, 2022
3) ORAL COMMUNICATIONS

3.1) Recognition of Dublin’s 40th Anniversary
The City Council recognized the City’s anniversary and City of Dublin Poet Laureate, James Morehead, performed an original poem.

3.2) Employee Introduction
The City Council welcomed new City of Dublin Staff member, Taryn Gavagan Bozzo, Special Projects Manager with the City Manager’s Office.

3.3) Public Comment
Clay provided public comment.

Alex Cho provided public comment.

Matthew Aini provided public comment.
4) CONSENT CALENDAR
The City Council pulled item 4.4 for public comment.

4.1) Approved the January 11, 2022, Regular City Council Meeting Minutes.

4.2) Approved the following proclamations for the month of February in the City of Dublin: American Heart Month, Black History Month, and National Teen Dating Violence Awareness and Prevention Month.

4.3) Adopted Resolution No. 06-22 titled, “Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof.”; directed Staff to notify the public of the adoption of this Resolution; and to schedule a public hearing for the April 5, 2022 City Council meeting at which time the City Council will hear and consider objections to this abatement order.

4.5) Adopted Resolution No. 08-22 titled, “Approving Commercial Façade Improvement Grant Program Agreements Between the City of Dublin, Dublin Plaza, and Dublin Cyclery; and the City of Dublin, Dublin Plaza, and Hair Emporium.” 29 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 1, 2022

4.6) Adopted Resolution No. 09-22 titled, “Granting Consent to the City of Pleasanton to Renew the Tri-Valley Tourism Marketing District.”

4.7) Adopted Resolution No. 10-22 titled, “In Support of Bay Adapt: Regional Strategy for a Rising Bay.”

4.8) Adopted Resolution No. 11-22 titled, “Approving the Maintenance Agreement for Downtown Gateway Sign at 7944 Dublin Boulevard Between the City of Dublin and VP-RPG Dublin, LLC.”
On motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote the City Council adopted the remaining Consent Calendar items.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Kumagai, Josey, McCorriston, Hu

4.4) Approval of 2022 City of Dublin Legislative Platform Tom Evans provided public comment.

On motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote the City Council adopted Resolution No. 07-22 titled, “Approving the 2022 City of Dublin Legislative Platform.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Kumagai, Josey, McCorriston, Hu
5) WRITTEN COMMUNICATION – None.
6) PUBLIC HEARING – None.
30 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 1, 2022
7) UNFINISHED BUSINESS

7.1 Community Task Force on Equity, Diversity, and Inclusion Recommendation Review and Implementation Plan
The City Council received a presentation on the Implementation Plan for the Community Task Force on Equity, Diversity, and Inclusion’s recommendations.

The City Council provided direction on the following recommendations:
 Recommendation BC-7, the City Council directed Staff to not limit the term limit for Commissions and Committees to four years.
 Recommendation IP-5, the City Council shared ideas for promoting local restaurants and small businesses that are owned and operated by under- represented groups and referred this item to the Economic Development Committee.
 Recommendation CO-1, the City Council supported having a Community Liaison within the City Manager’s Office and shared suggestions for reaching out to community leaders and local organizations.
 Recommendation O-5, the City Council suggested that Staff check in a year from now with the Community Task Force members to review progress on the implementation plan and provide any feedback.

On motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote the City Council approved the Implementation Plan for the Community Task Force on Equity, Diversity, and Inclusion’s recommendations.

RESULT: APPROVED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Kumagai, Josey, McCorriston, Hu
8) NEW BUSINESS – None.
9) OTHER BUSINESS – None.

The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
31 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
FEBRUARY 1, 2022
10) ADJOURNMENT
Mayor Hernandez requested a moment of silence in memory of former City Councilmember Linda Jeffery Sailors and adjourned the meeting at 8:50 p.m.

Mayor
ATTEST:

City Clerk
32 MINUTES OF THE CITY OF DUBLIN

CITY COUNCIL
Special Meeting: February 5, 2022
MINUTES 1

CITY COUNCIL SPECIAL MEETING
FEBRUARY 5, 2022
Attachment 2
A Special Meeting of the Dublin City Council was held on Saturday, February 5, 2022, at the Regional Meeting Room. The meeting was called to order at 9:02 a.m., by Mayor Hernandez.

1. Call to Order and Pledge of Allegiance
Attendees Present Title
Melissa Hernandez Mayor
Jean Josey Vice Mayor
Shawn Kumagai Councilmember
Michael McCorriston Councilmember
Dr. Sherry Hu Councilmember

2. Public Comment - None.

3. Welcome and Review of Strategic Plan Strategies and Objectives from 2020-2022 The City Council reviewed and celebrated accomplishments from 2020-2022.

4. Discussion of Operating and Capital Budgets
The City Council discussed the City’s Fiscal Years 2022-23 and 2023-24 preliminary budget and reviewed and prioritized projects in the Five-Year Capital Improvement Program for 2022-2027.

5. Discuss Strategic Plan Strategies and Objectives for 2022-2024 The City Council discussed and updated the City’s Strategic Plan Strategies and Objectives for 2022-2024.

6. Adjournment
The meeting was adjourned by Mayor Hernandez at 1:58 p.m.

Mayor
ATTEST:

City Clerk
33 STAFF REPORT

CITY COUNCIL

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Agenda Item 4.2
DATE: February 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Heritage Park Public Art Selection
Prepared by: Shaun Chilkotowsky, Heritage and Cultural Arts Manager EXECUTIVE SUMMARY:

The City Council will consider the artwork selections and locations for the Heritage Park Public Art Project as recommended by the Heritage and Cultural Arts Commission and the Parks and Community Services Commission and adopt resolutions approving Public Art Agreements with Romo Studios and Brian Keith for Public Art Projects at Heritage Park.

STAFF RECOMMENDATION:

FINANCIAL IMPACT:

This project is included in the Fiscal Year 2020-2025 Capital Improvement Program (CIP No.

PK0222) and is funded by the Public Art Fund. There is no impact to the General Fund.

The Public Art Agreement between the City of Dublin and Romo Studios for Artistic Park Features has a compensation not to exceed $100,000. The Public Art Agreement between the City of Dublin and Brian Keith for a monumental sculpture has a compensation not to exceed $350,000.

The initial estimated artist stipend for the monumental sculpture was $275,000. Upon deliberation and recommendation by the Heritage and Cultural Arts Commission and Parks and Community Services Commission, the artist scope of work was recommended for expansion, resulting in a cost increase of $75,000, to $350,000 total.

Additionally, this project is currently ahead of schedule with funding for artist stipends budgeted in Fiscal Year 2022-23. Should the City Council approve the project to move forward, a budget 34

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adjustment is necessary to shift funding for the artist stipends to the current year. A budget increase of $75,000 is also necessary due to the expanded scope of work for the monumental sculpture. Sufficient funding is available in the Public Art Fund to cover the increase.

DESCRIPTION:

Background
On June 1, 2021, the City Council approved the 2020-2025 Five-Year Capital Improvement Program Update which included public art to be installed at Heritage Park. Specifically, this project provides for artistic park features as well as a monumental sculpture and falls within the goals and guidelines of the City’s Public Art Master Plan which emphasizes highly visible artwork along major throughfares and incorporation of art into the built environment.

On June 21, 2021, Staff issued a Request for Qualifications (RFQ), seeking qualified artists.

Interested artists submitted a portfolio and resume to be considered for invitation to develop a site-specific design proposal for either artistic park features or a monumental sculpture for Heritage Park. The City received 25 responses from qualified artists by the deadline of July 23, 2021.

In August 2021, ad-hoc art selection committees met to review portfolios and resumes. The committees selected 10 artists, five each for artistic park features and monumental sculpture, and invited them to develop site-specific design proposals. The committees reconvened in October 2021 to review the site-specific design proposals. After deliberation, five proposals were selected to be recommended to the Heritage and Cultural Arts Commission (HCAC).

Artistic Park Features
At its regular meeting on December 9, 2021, the HCAC recommended the artistic park features proposal by Adan Romo, with a minor modification, to the City Council for approval. The minor modification was to revise the farming scene to be reflective of farming from the 1930’s to 1940’s.

Adan Romo has revised the proposal to incorporate this feedback. The Parks and Community Services Commission (PCSC) reviewed the proposal from Adan Romo at its regular meeting on December 20, 2021 and was in support of the HCAC recommendation.

Adan Romo’s design is a series of small bronze sculptures that are snapshots of what life may have been like in and around the historic facilities that are on site today. These small-scale scenes that depict a moment in life will be placed at locations around Heritage Park and are designed to engage visitors in a way that provokes thought and reflection. The full proposal with location details is included as Attachment 2.

Monumental Sculpture
At its regular meeting on December 9, 2021, the HCAC recommended the monumental sculpture proposal by Brian Keith, with modification, to the City Council for approval. The modification includes the addition of a fourth bronze figure that depicts a Native American figure weaving a basket. The artist revised the proposal to incorporate this feedback, which result in an increase of 35

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$75,000 to the compensation. The PCSC reviewed the proposal at its regular meeting on December 20, 2021 and was in support of the HCAC recommendation.

Brian Keith’s design is a sculpture featuring four cast bronze figures, at 115% life size, atop a rock formation. The sculpture is intended to capture the steadfastness, perseverance, inspiration, and historical influence of the pioneering families and Native Americans who lived in what is now known as present-day Dublin. The rock formation will include functional seating elements for visitors to enjoy.

The sculpture will be located at the corner of Dublin Boulevard and Donlon Way. This site does require the removal of a non-Heritage tree that is in the proposed location. In consultation with Public Works, replacement trees of the appropriate species, will be planted at other locations within Heritage Park. Should the City Council desire to preserve the existing tree and landscape of that intersection, alternative locations may be considered. A full copy of the detailed proposal is included in Attachment 4.

As is Dublin’s practice, the proposals were reviewed by the City’s contract art conservator and City Staff. The artworks are expected to be successful upon installation, of the utmost permanence, and able to be maintained utilizing traditional art conservation methods.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of the Staff Report was provided to the artists.

ATTACHMENTS:
1) Resolution Approving a Public Art Agreement with Romo Studios for a Public Art Project at Heritage Park
2) Exhibit A to the Resolution – Public Art Agreement with Romo Studios 3) Resolution Approving a Public Art Agreement with Brian Keith for a Public Art Project at Heritage Park
4) Exhibit A to the Resolution – Public Art Agreement with Brian Keith 5) Budget Change
6) PK0222 2020-2025 CIP - Current and Post Adjustment Budget 36 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 2/15/2022 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A PUBLIC ART AGREEMENT WITH ROMO STUDIOS FOR A PUBLIC ART

PROJECT AT HERITAGE PARK
WHEREAS, the 2020-2025 Capital Improvement Program Update includes a project to design, fabricate, and install permanent Public Art, Artistic Park Features, at Heritage Park; and WHEREAS, an open call was solicited according to the Public Art Master Plan process, with five of the seven responding artists selected to submit site specific design proposals; and WHEREAS, the proposal by artist Adan Romo, or Romo Studios, was recommended by the Ad-Hoc Selection Committee, Heritage and Cultural Arts Commission, and Parks and Community Services Commission; and
WHEREAS, Adan Romo has demonstrated ability to perform said services and a third party art conservator reviewed the design proposal; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the execution of a Public Art Agreement with Romo Studios for the design, fabrication, and installation of a Public Art project at Heritage Park.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreement, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PUBLIC ART AGREEMENT BETWEEN

THE CITY OF DUBLIN AND ROMO STUDIOS
THIS AGREEMENT is made by and between the City of Dublin (“City”) and Romo Studios (“Artist”) as of February 15, 2022, 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 th e artistic services required by the City as set forth in this Agreement; and
WHEREAS, the City Council, on February 15, 2022, authorized the City Manager to execute an agreement between City and Artist for the preparation of a final design, fabrication and installation for a public art sculpture at Heritage Park.

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 Agreem
ent 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, first-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.

Attachment 2
Exhibit A to the Resolution
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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.

Section 2. SCOPE OF WORK: Artist shall provide a final design, fabrication and installation of the public art project for Heritage Park as more specifically described in Exhibits A and B of this Agreement.

2.1 The City shall be responsible for providing the Arti st, 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 Artist without the prior written authorization by the City.

Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $100,000 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 employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

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3.1 Invoices. Artist shall submit invoices as specifie d 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 fo r 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 e quipment listed in Exhibit B, and only under the terms and conditions set forth herein.

Section 5. RESPONSIB ILITY 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 servic es 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 $100,000. The Artist shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work.

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5.3 The Artist shall complete the fabrication and installa tion 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 SERIC ES; 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 co st 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 co sts 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:

Teresita Romo
2375 5
th Ave.

Sacramento, CA 95818
(916)833-6974
[email protected]

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.

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7.1 The granting or withholding of any approval by the Ci ty 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 ri ghts or remedies available to the City under the Agreement or applicable law, the City shall have t he 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 obligat ions, 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 pe rtaining 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 Arti st's sole opinion, the skill or creativity of such person or persons is essential to the creation of the Work.

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 42 Public Art Agreement between the February 15, 2022
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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 wi ll 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 Agr eement, 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 ensur e that all maintenance requirements will be reasonable in terms of time and expense.

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.
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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 tha t, 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 th e 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:

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 44 Public Art Agreement between the February 15, 2022
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consult regarding methods to minimize or repa ir 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 time 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 Arti st. 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 re asonable 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).

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, st ate, 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 PRO PERTY AND PUBLICITY RIGHTS

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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 produced under this Agreement. Artist’s copyright shall not extend to predominantly utilitar ian 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 benefac tors, 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.

11.4. Credit. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: “Adan Romo – Romo Studios(c), 2022.” 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.

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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 t he City. Artist may retain originals of such documents and items and provide copies to City.

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 of 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.

13.1 Workers’ Compensation

13.1.1 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’ 47 Public Art Agreement between the February 15, 2022
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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.

13.1.2 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 Endors ement as required by the section.

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 shal l 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 Insuranc e 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 48 Public Art Agreement between the February 15, 2022
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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.

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 Agree ment, 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 49 Public Art Agreement between the February 15, 2022
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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.

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, li ability, 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, subcontractor s, or agents, by acts for which they 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 Ca lifornia 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 50 Public Art Agreement between the February 15, 2022
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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 Cali fornia 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.

15.2 Nothing contained in this Agreement shall be constru ed as limiting the right of Artist to engage 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 prof essions. 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, 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 se rvices or programs provided by Consultant under this Agreement.

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Artist shall include the provisions of this Subsec tion in any subcontract approved by the Contract Administrator or this Agreement.

16.6 Prevailing Wage. Artist shall comply with any applicable state and local laws regarding payment of prevailing wages for Public Works projects.

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 di scretion, 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 prov ide 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 the 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;

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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.

Section 18. KEEPING AND STATUS OF RECORDS.

18.1 City Access to Artwork; Insp ection 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 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 TEN 53 Public Art Agreement between the February 15, 2022
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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.

Section 19. MISCELLA NEOUS 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 locati on, 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 require d to reimburse the City for any sums paid to the Artist. Artist understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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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.

19.10 Notices. Any written notice to Artist shall be sent to:

Adan Romo, Romo Studios, LLC
2409 U Street
Sacramento, CA 95818
(916)505-5753
[email protected]
www.romostudios.com

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 Si
gnature 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.

SIGNATURES ON FOLLOWING PAGE

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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 ARTIST

____________________________ ______________________________ City Manager Adan Romo, Artist

Attest:

____________________________
City Clerk

Approved as to Form:

____________________________
City Attorney

2559640.1

56 EXHIBIT A

ARTIST PROPOSAL

57 The Heritage Park site represents a special place where people from all over the world, from diﬀerent backgrounds and traditions, gathered at various points during this land’s history to gather, work, raise families and build the community that thrives today in the City of Dublin.

This rich history is diﬃcult to represent and celebrate in one singular piece. Here at Romo Studios we took on this challenge by proposing six diﬀerent small sculptures placed around the park.

Walking around the park we realized that there are several historic large buildings- the Kolb house, the Hay barn, the Old St. Ramon church and Murray school- but it was hard to imagine what life was like back in Dublin’s rich history. Our minds wondered and envisioned the original Native tribes that lived here and what their daily life looked like. Or how farming was done prior to engines and tractors. What it was like for the blacksmith that worked here and his working conditions. Or visiting Murray school we wondered how it was possible for children to attend a school with only a single room. With so many thoughts about the past, we thought a fun and creative way to bring scenes of past life was to propose making several small sculptures that were snapshots of what people did here. These small scenes will be ideal for children who, like us, often times wonder what the past was like. These small scale scenes will entice adults as well - who can resist miniature scenes of activity.

Many of the people depicted in these small scene celebrate the many men and women who came here - famous and not so famous - from all over the world to contribute to the building of the city. The Native American tribes of the Seunen, Souyen and the Pelnen will be depicted in a small bronze sculpture with a creek and waterway that once existed here in Dublin where local tribes would gather ﬁsh, food, acorns and plants for making baskets. The sculpture of the small Murray school celebrates the educators and children - past and present - who through education have contributed to the city’s growth and success. The farmland being tilled represents all the farmers in the region who have labored to feed a growing city. The blacksmith scene depict highlights the industries that existed here at this site - a blacksmith shop and a wheel wagon fabrication shop. Needless to say these two crafts contributed to the growth of the city of Dublin as it emerged from a being a small town to a thriving city.

Scattered around the park, visitors will walk around in search of these small bronze works.

Each scene will be made of bronze and each depict a moment in life that took place here at Heritage Park. The sculptures will be mounted to a corten steel pedestal that will be anchored to concrete foundations. The corten steel bases will look rusty and match the rusty look of hinges and farm equipment that currently exists in the park. Each work - bronze sculpture on its pedestal - will be around 32” high. At the base of each pedestal we propose the placement of a large stone, much like the ones found in the Heritage Park landscape, where children can stand and take a peek into these tiny little worlds. On the side of each pedestal will be a plaque welded ﬁrmly with information about the scenes and the Dublin history it depicts. 58 MAINTANENCE -
The bronze ﬁgures and corten steel pedestals will need little to no maintenance - aside from cleaning every 2 years.

FABRICATION + INSTALLATION -
Fabrication and installation of the artwork will be completed by Artworks Foundry
729 Heinz Ave #10
Berkeley, CA 94710
(510) 644-2735
Tipping Structural Engineers
1906 Shattuck Ave
Berkeley, CA 94704
(510) 549-1906
The sculptures with pedestals will delivered by large truck and will be anchored into a reinforced concrete base.
59 CITY OF DUBLIN

HERITAGE PARK

ARTISTIC FEATURES

PROPOSAL
60

61 BLACKSMITH
SHOP

THIS SCULPTURE CELEBRATE THE

INDUSTRIES THAT TOOK PLACE AT THE

SITE OF HERITAGE PARK - A BLACKSMITH SHOP AND

WAGON WHELL FABRICATION -
BOTH PAID A VITAL ROLL IN HELPING BUILD THE CITY.
62 EARLY OHLONE

SETTLERS

THESE FLIUD FORMS REPRESENT

THE SMALL CREEK AND WATERWAYS

THAT ONCE RESIDED HERE AT HERITAGE

PARK AND WHERE NATIVE TRIBES

COLLECTED FOOD, ACORNS

AND PARTICULAR PLANT LIFE
TO WEAVE BASKETS.

THE SEUNEN, SOUYEN AND PELNEN TRIBES
63 DUBLIN

PIONEER

CEMETER Y
64 DUBLIN

FARMERS

FARM FIELDS

BEING PLOWED,
CELEBRATING THE
ACRES OF FARMLAND

THAT MADE UP LARGE
AREAS OF DUBLIN
AND PROVIDED THE

FOOD NECESSARY
FOR A GROWING CITY.
65 GOLD MINERS

AND GOLD

SETTLERS

THIS SCULPTURE REPRESENTS

THE AREAS HISTORY

OF PROVIDING HOUSING

AND SUPPLIES FOR GOLD MINERS

AS WELL AS JOSE AMADOR,

MICHAEL MURRAY, JEREMIAH FALLON
AND JAMES DOUGHERTY.
66 MURRAY

SCHOOL HOUSE

MURRAY SCHOOL HOUSE

HELPED EDUCATED GENERATIONS

OF EARLY CITIZENS OF DUBLIN AND

WAS A FOUNDATION FOR HELPING
BUILD THE CIOTY.
67 CHILDREN INTERACTING WITH

ARTWORK
68 EXHIBIT B

SCOPE OF WORK

SCHEDULE FOR COMPLETION OF WORK. The following schedule shall be adhered to in the performance of the work. During the term of this Agreement, the City Project Manager must approve Artist’s work at each phase of development before the Artist proceeds to the next phase.

The City Project Manager for this Agreement is:

Shaun Chilkotowsky
Heritage and Cultural Arts Manager
100 Civic Plaza
Dublin, CA 94568
(925) 556-4565
[email protected]

EXECUTION OF CONTRACT
DELIVERABLES: DUE DATE:
x Fully Executed Contract
x Evidence of All Required Insurance, Dublin Business
License
February, 2022
February, 2022

PHASE I: CLAY MODELS
The scope of work under this phase includes completion of the six clay models of the six artwork figures.
x Artist will complete the clay models, according to the artist proposal previously approved by the City. This includes thoughtful research to ensure accurate representation of the figures while the clay models are being developed.
x Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete.
x
Should artist wish to make changes during the process, Artist will obtain City’s written approval for any changes substantial enough to be visible to a layperson.

DELIVERABLES: DUE DATE:
69 x Studio tour for City representatives to verify production of the clay models of the six artwork figures.
x Clay Models Complete. Following the City’s approval, there will be no changes to the design without mutual consent of the Artist and the City.

June 30, 2022 (EST.)

Aug 30, 2022 (EST.)

PHASE II: MOLDS/WAX
The scope of work under this phase includes completion of the six clay molds/wax of the six artwork figures.
x Artist will complete the molds/wax, according to the clay figures previously approved by the City.
x Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete.
x Should artist wish to make changes during the mold/wax process, Artist will obtain City’s written approval for any changes substantial enough to be visible to a layperson.

DELIVERABLES: DUE DATE:
x Studio/Foundry tour for City representatives to see and sign off on clay molds/wax of the six artwork figures. Following the City’s approval, there will be no changes to the design without mutual consent of the Artist and the City.
x
Progress Report to indicate any potential change to project timeline.

October 30, 2022 (EST.)

PHASE III: BRONZE CAST, METAL BASES
The scope of work under this phase includes the bronze casting of the six artwork figures and fabrication of the Corten steel metal bases for each artwork figure. x Artist and foundry will complete the bronze castings, according to the molds created in the previous phase.

70 x Artist will complete the fabrication of the Corten steel bases for the six artwork figures.

x Artist shall work cooperatively with the City to draft interpretative language, which is to be incorporated into the plaque installed on the steel base of each artwork figure. The City requires that all signage to be displayed on City property adhere to conventionally accepted spelling and punctuation, proper grammar and City style preferences, as determined by the City.
x Should artist wish to make changes during the process, Artist will obtain City’s written approval for any changes substantial enough to be visible to a layperson.

x
Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete.

DELIVERABLES: DUE DATE:
x Studio/Foundry tour for City representative to verify the completed casting of the bronze artwork figures.
x Studio/Foundry tour for City representative to verify the completed fabrication of the six Corten steel bases for the artwork figures.
x
Progress Report to indicate any potential change to project timeline.

January 30, 2023 (EST.)

December 15, 2022 (EST.)

PHASE IV: CONCRETE, INSTALL, & CLOSEOUT
The scope of work under this phase includes the completion of the footing elements and installation of the steel bases, artwork figures, and signage:

x Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete.
x Artist shall create an installation plan indicating the staging and sequence of all aspects of installation. The Installation Plan must include a detailed description of the estimated duration of installation, the equipment to be used, and all workers who will be on site to assist. x Working in cooperation with the City, Artist will complete the installation of the concrete footings, in preparation for installation of the Corten steel bases and bronze figures. 71 x Prior to installation of Artwork, Artist’s shall verify in writing that the preparation of the artwork attachment or mounting system and installation is being implemented in accordance industry standard best practices and approved by City.
x Artist shall supply all hardware necessary for installation.

DELIVERABLES: DUE DATE:
x Delivery and installation plan developed with City.
x Successful installation of concrete and artwork bases. x Successful installation of artwork figures and interpretative signage.
x Inspection of the Artwork immediately after installation. x Final inspection by the City of Dublin.
x Receipt of Artwork Maintenance Records

January 1, 2023 (EST.)

February 30, 2023 (EST.)

March 30, 2023 (EST.)

Within 30 Days of Installation

72 EXHIBIT C

PAYMENT SCHEDULE

% COMPLETION
PHASE OF WORK DESCRIPTION OF PHASE By Phase Overall ARTIST FEE EXECUTION Execution of Contract 10% 10% $10,000
Phase I Clay Models 20% 30% $20,000
Phase II Molds 20% 50% $20,000
Phase III Bronze Cast, Metal Bases 20% 70% $20,000
Phase IV Concrete, Install and Closeout 30% 100% $30,000 TOTAL ARTIST FEE $100,000

73 Attachment 3
Reso. No. XX-22, Item X.X, Adopted 2/15/2022 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A PUBLIC ART AGREEMENT WITH BRIAN KEITH FOR A PUBLIC ART

PROJECT AT HERITAGE PARK
WHEREAS, the 2020-2025 Capital Improvement Program Update includes a project to design, fabricate, and install a permanent Public Art Monumental Sculpture, at Heritage Park; and
WHEREAS, an open call was solicited according to the Public Art Master Plan process, with five of the 18 responding artists selected to submit site specific design proposals; and WHEREAS, the proposal by artist Brian Keith was recommended be the Ad-Hoc Selection Committee, Heritage and Cultural Arts Commission, and Parks and Community Services Commission; and
WHEREAS, Brian Keith has demonstrated ability to perform said services and a third party art conservator reviewed the design proposal.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the execution of a Public Art Agreement with Brian Keith for the design, fabrication, and installation of a Public Art project at Heritage Park.

PASSED, APPROVED AND ADOPTED this 15th day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PUBLIC ART AGREEMENT BETWEEN

THE CITY OF DUBLIN AND BRIAN KEITH
THIS AGREEMENT is made by and between the City of Dublin (“City”) and Brian Keith (“Artist”) as of February 15, 2022, 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 t he artistic services required by the City as set forth in this Agreement; and
WHEREAS, the City Council, on February 15, 2022, authorized the City Manager to negotiate an agreement between City and Artist for the preparation of a final design, fabrication and installation for a public art sculpture at Heritage Park
NOW, THEREFORE, in consideration of the mutu al promises contained herein, the parties hereto agree as follows:

1.1 Term of Servi
ces. 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.

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 Attachment 4
Exhibit A to the Resolution
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Section 2. SCOPE OF WORK: Artist shall provide a final design, fabrication and installation of a monumental art sculpture for the Heritage 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, ut ility, 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 req uest, 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 even t 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 Artist without the prior written authorization by the City.

Section 3. COMPENSATION. City hereby agrees to pay Artist a sum not to exceed $350,000 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 furthe r agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annu ities to which Artist and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contri butions beyond compensation required under this Agreement.

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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.

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.

Artist shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

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 th is Agreement is the skill and creativity of the Artist.

The Artist shall not assign the creative or artist ic 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 $3 50,000. The Artist shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in his/her Work.

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5.3 The Artist shall complete the fabrication and inst allation of the Work in substantial conformity with the attached Exhibit B, Scope of Work.

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 se rvices pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Artist's obligations pursuant to this Agreement.

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, exce pt 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 desig ned by Artist. If City unde rtakes 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:

Lanisa Keith
36 Canyon Hills Place
San Ramon, CA 94582
(925)642-5400
[email protected]

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 ther eof 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.

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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 ob ligations, 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

8.2 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 not ice 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.

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 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 79 Public Art Agreement between the February 15, 2022
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8.6 Warranty of Acceptable Sta ndard 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

8.7 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 Ma intenance 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 we ather, 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.

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 fund s 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.

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9.5 The anticipated life span of the Artwork is 30 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 ne glect or accident. If, during or after the term of this Agreement, City finds the Site to be inappropriate, City has the right to in stall 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 office rs, 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 integr ity of works of art. If the Artwork is incorporated into a building such that the Artwork cannot be remo ved from the building without alteration of the Artwork, Artist waives any and all such claims agai nst 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:

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 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 81 Public Art Agreement between the February 15, 2022
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consult regarding methods to minimize or repa ir 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 time and efforts at fair market value, which may be the subject of a future Agreement between Artist and City. However, City has no obli gation 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 refu ses 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 it self, 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 sha ll 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.

10.5 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 t he Artwork if the Artwork has been altered without City’s authorization.

Section 11. INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS

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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 au thorship produced under this Agreement. Artist’s copyright shall not extend to pred ominantly 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, an d 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:

11.2.2 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 bene factors, 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.

11.3 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.

11.4. Credit. All reproductions by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: “Brian Keith (c), 2023.” The Artist shall use his/her best efforts to include a credit reading substantially "An origin al work commissioned by the City of Dublin, California" in any public showing under the Artist's control of reproductions of the Work.

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11.7 Resale Royalty. If City sells the Artwork as a fixture to r eal 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 par t 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.

Section 12. OWNERSHIP OF RESULTS AND RISK OF LOSS

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.

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 of 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 sh all be submitted and made part of this Agreement prior to execution.

13.1 Workers’ Compensation

13.1.1 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’ DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 84 Public Art Agreement between the February 15, 2022
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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.

13.1.2 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 Endorsem ent as required by the section.

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 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 85 Public Art Agreement between the February 15, 2022
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b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

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.

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.

13.3.5 Deductibles and Se lf-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 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 86 Public Art Agreement between the February 15, 2022
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losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

 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 wit hhold 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 they 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 acti ons 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 subcontr actor of Artist providing services under this Agreement is determined by a court of competent jurisdiction or the Calif ornia 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 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 87 Public Art Agreement between the February 15, 2022
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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 it s 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.

15.2 Nothing contained in this Agreement shall be construed as limiting the right of Artist to engage 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.

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.

16.4 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 respecti ve professions. Artist represents and warrants to City that Artist and its employees, agents, any subcon tractors 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 prof essions. 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, 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 Consultant under this Agreement.

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Artist shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

16.6 Prevailing Wage. Artist shall comply with any applicable state and local laws regarding payment of prevailing wages for Public Works projects.

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 enti tled 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.

17.6 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;
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17.6.3 Retain a different Artist to complete the work described in Exhibit A not finished by Artist; or

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 regardi ng 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.

18.5 Artist’s Books and Records. Artist shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or do cuments 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 copying at any time during regular business hours, upon oral or written request of the City. Under California Government DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 90 Public Art Agreement between the February 15, 2022
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Code Section 8546.7, if the amount of public f unds 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.

Section 19. MISCELLANEOUS PROVISIONS.

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.

19.7 Conflict of Interest. Artist may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of loca tion, 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 intere st 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 Agre ement. 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 criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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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.

19.10 Notices. Any written notice to Artist shall be sent to:

Brian Keith
36 Canyon Hills Place
San Ramon, CA 94582
(925)642-0400
[email protected]
www.briankeithfineart.com

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 bl ock 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.

SIGNATURES ON FOLLOWING PAGE

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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 ARTIST

____________________________ ______________________________ City Manager Brian Keith, Artist

Attest:

____________________________
City Clerk

Approved as to Form:

____________________________
City Attorney

2559640.1
DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 93 EXHIBIT A

ARTIST PROPOSAL

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 94 Dublin Heritage Crossroads Monument

The use of sculpture has a way of capturing the essence of what a thousand words cannot describe. It can tell a rare, often unheard tale about an unrecognized life. Public art can also cause the footsteps of a person to slow down and ponder something of great value and meaning the way nothing else can. In considering the City of Dublin’s Monument Sculpture for the Heritage Park and Museum, I hope to convey a story of history that captures the steadfastness and perseverance of the pioneering families of Dublin, and the historical influence and inspiration of the Ohlone native tribes who lived in the East Bay.

My concept designs were inspired by painters of the pioneer era such as Morgan Weistling. The storytelling of Norman Rockwell has also influenced my design by helping me to create engaging sculptures that tell a tale through expression, animated poses, and authentic clothing and time-era tools. In the design that I am submitting, I hope to have a work of art that engages the community and invites them to experience elements within the pioneering story of Dublin.

The overall rock-base is placed on a concrete footprint with granite pavers that are measured in an oval of 23 feet by 17 feet. The location of this artwork would be on display near the entry to the park on the corner of Dublin Blvd. and Donlon Way. I have integrated an oval design that is similar to that of the stage area located near to the bank. This allows for there to be a continued landscape design element within the park and this artwork. The pavers on the footprint will be a natural stone color, with an intersecting set of green pavers that depict a set of stagecoach tracks.

Being the actual location of the Crossroads, I felt this was a very important element to include within the design.

Standing on top of the rock formation are four (115% life-size) figures at different elevations. A young girl(64” tall) is feeding sheep with a large feeding bottle that depicts how younger children had responsibilities and chores during ranch life. A teenage boy(73” tall) has his hands on the plow as he takes a brief rest, looking at the job he has just finished.

The hard work is seen on his expression that he has on his satisfied and happy face. Also, a Blacksmith(84” tall) holds his hammer above the anvil depicting the way a rancher would need to be strong in his abilities to forge new tools and improvise ways of reusing items throughout the property. And finally, an Ohlone woman(72” figure) is sitting while she is weaving a basket, depicting the importance of this essential craft to their way of life. This location within the monument will allow for viewers to sit next to and have photo opportunities or textile learning experiences with.

This monument will be made of cast bronze and the foundation will be concrete and granite pavers. The sculptures for the bronze monument will be cast at Artworks Foundry in Berkeley, California, which is a premiere foundry for casting work. The timeline for the overall artwork to be sculpted, cast, and installed would place it at a March/April 2023 unveiling date.

The installation of the bronze figures would require a concrete pad to be poured, and masonry work to be completed displaying the beautiful granite pavers which would be the footprint for the rockwork that the figures stand on. The rock work(plans included in proposal) would be created on a metal structure that has concrete formed around it. This plan was created by OTL who does this similar work for locations throughout the country, and much of the rockwork at the San Diego Zoo. This allows for children to sit on the bench locations within the design and to include elements embedded within the sides of the rock formation including a pick axe, a mining plate, and several items depicting the presence and influence of the Native Tribes known within the East Bay. Installation would be relatively simple and would involve on site assembly of the rocks. And then the four sculpture elements with threaded rods and industrial epoxy would be permanently installed. Maintenance would be very minimal due to the durability of bronze, requiring only a 6- 8 month wash and waxing of the bronze figures.

I am very honored to be considered for this important project. It is my intention to create a monument that will commemorate the legacy of pioneering families of Dublin, the City’s unique Ohlone heritage, and the history of this particular Crossroads location. I look forward to working with you to ensure that my efforts are as meaningful as possible and reflects the values and hopes for this monument.

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 95 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 96 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 97 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 98 DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 99

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DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 100
DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 101
DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 102
DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 103

EXHIBIT B

SCOPE OF WORK

SCHEDULE FOR COMPLETION OF WORK. The following fabrication schedule shall be adhered to in the performance of the work. During the term of this Agreement, the City Project Manager must approve Artist’s work at each phase of development before the Artist proceeds to the next phase. The City Project Manager for this Agreement is:

Shaun Chilkotowsky
Heritage and Cultural Arts Manager
100 Civic Plaza
Dublin, CA 94568
(925) 556-4565
[email protected]

EXECUTION OF CONTRACT
DELIVERABLES: DUE DATE:
• Fully Executed Contract
• Evidence of All Required Insurance, Dublin Business
License
February, 2022 (EST.)
February, 2022 (EST.)

PHASE I: DESIGN/ENGINEERING
The scope of work under this phase includes research phase and completion of engineering documents for the artwork and base.
• The Artist shall work with a California licensed engineer to provide the City with stamped drawings for the Artwork and base. Drawings include civil/landscape drawings the include site location, utilities, and electrical connections, and structural drawings that include all necessary calculations
• Phase shall be considered complete when stamped engineering documents are received by the City Project Manager and approved by the City. Payment may be released earlier than the date specified should the Phase be deemed complete.

DELIVERABLES: DUE DATE:
• Engineered Drawings April 30, 2022 (EST.)

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 104

PHASE II(A&B): SCULPTURE FABRICATION - CLAY MODELS
The scope of work under this phase includes completion of the clay models of the four artwork figures.
• Artist will complete the clay models, according to the designs previously approved by the City.

This includes thoughtful research to ensure accurate representation of the figures while the clay models are being developed.

• Should artist wish to make changes during the clay modeling process, Artist will obtain City’s written approval for any changes substantial enough to be visible to a layperson.

• Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete.
• This Phase will have two milestones, with 50% of the clay models completed and approved followed by the remaining 50% of the clay models completed and approved.

DELIVERABLES: DUE DATE:
• Progress Report to indicate any potential change to project timeline.
• Studio Tour for City Representatives to see and sign off on Clay Models of the four Artwork Figures. Following the
City’s approval, there will be no changes to the design without mutual consent of the Artist and the City.

August 1, 2022 (EST.)

October 30, 2022 (EST.)

PHASE III: SCULPTURE FABRICATION – MOLDS/WAX
The scope of work under this phase includes the completion of the mold/wax process:
• Artist will complete the molds/wax, according to the clay figures previously approved by the City.
• Should artist wish to make changes during the wax/mold process, Artist will obtain City’s written approval for any changes substantial enough to be visible to a layperson.

• Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 105

deemed complete.

DELIVERABLES: DUE DATE:
• Studio/Foundry tour for City representatives to see and sign off on clay molds/wax artwork figures. Following the City’s approval, there will be no changes to the design without mutual consent of the Artist and the City.
• Confirmation to the City that the molds/wax have been completed and are acceptable for casting.
• Progress Report to indicate any potential change to project timeline.

December 1, 2022 (EST.)

November 15, 2022 (EST.)

PHASE IV: SCULPTURE FABRICATION – BRONZE CASTING, SITE & STONE WORK The scope of work under this phase includes casting of all bronze parts and concrete/electrical work for the artwork base, which is considered part of the Artwork:

• Artist and Foundry will complete the bronze castings, according to the molds created in the previous phase.

• Artist shall coordinate Artist’s on-site work for the artwork base through the City Project Manager.
• Artist’s, in cooperation with concrete and electrical subs will complete the artwork base, as shown in previously approved engineered drawings, in preparation for installation of the bronze figures.

• Artist shall work cooperatively with the City to draft Artist Statement, which is to be incorporated into the plaque installed at the site. The City requires that all signage to be displayed on City property adhere to conventionally accepted spelling and punctuation, proper grammar and City style preferences.

• Phase will be considered complete when all deliverables have been received by City Project Manager. Payment may be released earlier than date specified should Phase be deemed complete.

DELIVERABLES: DUE DATE:

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 106

• City approval of an Artist Vision Statement and signage text.

• Foundry Tour for City Representatives to see and sign off on bronze castings of the four Artwork Figures. Following City approval, there will be no changes to the design
without mutual consent of the Artist and the City.

• City Project Manager’s and/or Special Inspector’s sign off on concrete and electrical portions of the project.

• Progress Report to indicate any potential change to project timeline.

December 1, 2022 (EST.)

January 30, 2023 (EST.)

December 15, 2022 (EST.)

PHASE V: INSTALLATION
The scope of work under this phase includes the installation of the figures and plaque and signage:

• Prior to transportation and installation of Artwork, Artist’s structural engineer shall verify in writing that the preparation of the artwork attachment or mounting system and installation is being implemented in accordance with the signed stamped structural engineering drawings. • Artist shall prepare the Artwork for transportation in accordance with customary industry standards for the transportation of fine works of art.
• Artist shall create with the City Project Manager an installation plan indicating the staging and sequence of all aspects of installation. The Installation Plan must include a detailed description of the estimated duration of installation, the equipment to be used, and all workers who will be on site to assist.
• Artist shall coordinate Artist’s on-site work for the artwork base through the City Project • No damages or claims by Artist will be allowed other than an extension of time for the completion of Work. Such an extension will be for the period of time City shall consider Artist to have been delayed in the completion of Work by reason of the work of other Contractors or workers.
• Artist shall deliver all information necessary for the City to properly care for and maintain the Artwork, including information regarding the physical make-up of the Artwork, methods and materials, and information about the artistic intent of Artist in the Design, Fabrication and Installation of the Artwork
DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 107

• Phase will be considered complete when all deliverables have been received by City Project Manager.
• Artist is invited, but not required, to attend artwork dedication event. Artist will be given at least one months’ notice of the selected dedication date. While every effort will be made to coordinate with the Artist’s schedule, the dedication event will not be rescheduled in the event that the Artist is unable to attend on the selected date.

DELIVERABLES: DUE DATE:

1. Delivery and Installation Plan developed with City Project Manager and Design Team

2. Successful installation of Artwork.

3. Final inspection of the Artwork immediately after
installation.

4. Final inspection by the City of Dublin and closed permits.

5. Receipt of Artwork Maintenance Records

February 1, 2023 (EST)

March 15, 2023 (EST)

March 30, 2023 (EST)

Within 30 Days of Installation

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 108

EXHIBIT C

PAYMENT SCHEDULE

% COMPLETION
PHASE OF WORK DESCRIPTION OF PHASE By Phase Overall ARTIST FEE EXECUTION Execution of Contract 15% 15% $52,500
Phase I Engineering 10% 25% $35,000
Phase II(a) Clay Models 15% 40% $52,500
Phase II(b) Clay Models 15% 55% $52,500
Phase III Molds/Casting 15% 70% $52,500
Phase IV Concrete/Electrical 15% 85% $52,500
Phase V Installation and Closeout 15% 100% $52,500
TOTAL ARTIST FEE $350,000

DocuSign Envelope ID: 31D7914B-4714-4D24-843C-BA4AF8670695 109
Budget Change Reference #:

From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
PK0222.9400.9401 (Improvements) $375,000
PK0222.9400.9401 (Improvements) $75,000
3500.9501.49999 (Transfers In) $450,000
PK0222.2801 (2801.9501.89101) -Public Art Fund Transfers Out $450,000 2/15/2022
Posted By: Date:

As Presented at the City Council Meeting
**********Finance Use Only**********

CITY OF DUBLIN

REASON FOR BUDGET CHANGE
FISCAL YEAR 2021-22

BUDGET CHANGE FORM

DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: Heritage Park Public Art (PK0222)
Move project budget in FY 22-23 in the amount of $375,000 to FY21-22 as project is ahead of schedule; and increase the project budget by $75,000 for the Monumental Sculpture
G:\PUBLIC ART\CURRENT CITY PROJECTS\Heritage Park\Council Approval ‐ Staff Reports\08_PK0222 Public Art ‐ Heritage_02152022 Attachment 5 110
Number PK0222 Program Public Art
PRIOR
YEARS
2020-2021
BUDGET 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE

YEARS T
OTALS
9100 $9,700 $9,700
9200 $100,000 $100,000
9400 $375,000 $375,000
9500 $35,000 $35,000
$144,700 $375,000 $519,700
PRIOR
YEARS
2020-2021
BUDGET 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE

YEARS T
OTALS
2801 $144,700 $375,000 $519,700
$144,700 $375,000 $519,700

ANNUAL OPERATING IMPACT
Salaries & Benefits
Contract Services
Improvements
TOTAL
Miscellaneous

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
Public Art Fund
2020-2025 CAPITAL IMPROVEMENT PROGRAM

PROJECT DESCRIPTION
This Public Art project will be completed at Dublin Heritage Park and Museums, located at the corner of Dublin Boulevard and Donlon Way. The project budget is based on the Public Art in-lieu contribution required by the Schaefer Ranch Development agreement. This project could include a monument piece at the northern edge of the park along Dublin Boulevard as well as sculpture benches, culture walks, diversity streams, and artifact cubes as originally outlined in the Heritage Park Master Plan. These artistic elements will represent Dublin's rich heritage, culture, and diversity.

Project planning is expected to begin in Fiscal Year 2021-2022.

ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Parks & Community Services
Attachment 6
Heritage Park Public Art - CIP 2020-2025 Current Budget 111
Number PK0222 Program Public Art
PRIOR
YEARS
2020-2021
BUDGET 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE

YEARS TOTALS
9100 $9,700 $9,700
9200 $100,000 $100,000
9400 $450,000 $450,000
9500 $35,000 $35,000
$594,700 $594,700
PRIOR
YEARS
2020-2021
BUDGET 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE

YEARS TOTALS
2801 $594,700 $594,700
$594,700 $594,700

ANNUAL OPERATING IMPACT
Salaries & Benefits
Contract Services
Improvements
TOTAL
Miscellaneous

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
Public Art Fund
2020-2025 CAPITAL IMPROVEMENT PROGRAM

Project planning is expected to begin in Fiscal Year 2021-2022.

ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Parks & Community Services
Attachment 6
Heritage Park Public Art - CIP 2020-2025 - Post Adjustment Budget 112

STAFF REPORT

CITY COUNCIL

Page 1 of 5 ends

Agenda Item 4.3
DATE: February 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Treasurer's Informational Report of Investments for the Quarter Ending December 31, 2021
Prepared by: Chris Rhoades, Financial Analyst
EXECUTIVE SUMMARY:

The City Council will receive an informational report of the City’s investments through the quarter ending December 31, 2021 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $382,522,878 (market value) with an average market yield of 0.60%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months.

STAFF RECOMMENDATION:

Receive the City Treasurer's Informational Report of Investments for the Quarter Ending December 31, 2021.

FINANCIAL IMPACT:

There is no financial impact resulting from this report. Investments are made in accordance with the City Investment Policy and State Law. Interest earned is apportioned between funds (i.e., General Fund, Gas Tax Fund, etc.) based upon their proportionate share of the total cash balance.

Based on the financial needs of the City including the timing of revenues and expenditures, the quarterly cash balance can vary from quarter to quarter.

DESCRIPTION:

The total investment portfolio (market value) consists of $233,062,790 managed by Chandler Asset Management (Chandler), and $149,460,088 invested by the City in local government pools, the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP).

The average market yield of the Chandler portfolio and the local pools was 0.91% and 0.11% respectively.
113

Page 2 of 5 ends

The total investment portfolio balance fluctuates throughout the year due to normal cash flow needs and includes both discretionary and restricted funds.

Economic Update Highlights
The following are some highlights from the Economic Update included in the Investment Report prepared by Chandler (Attachment 1).

Chandler believes economic growth is likely to moderate but remain above trend in 2022, as US fiscal support begins to wane and the Federal Reserve becomes less accommodative. Chandler expects that continued improvement in the labor market, particularly an increase in the participation rate, will help drive economic growth this year as the health situation improves.

Consumer spending, the largest component of US GDP, should also remain solid, supported by healthy consumer balance sheets and an improving labor market, in Chandler’s view. Chandler anticipates inventory rebuilding will likely be a significant driver of US GDP growth in the second half of the year as well. Chandler’s outlook is predicated on an improving global health backdrop, though risks to the downside remain. Over the near term, Chandler believes the Omicron variant will hinder economic growth and expects financial market volatility will be elevated. Inflation readings continue to run hot, but Chandler believes inflation may be at or near a peak and pricing pressures are likely to abate as we move through the year.

City of Dublin Portfolio
The City's aggregate portfolio has maintained a healthy balance of investment types with minimal change from the prior quarter as shown below in Chart 1. 114

Page 3 of 5 ends

Chart 1: Investments by Type
December 31, 2021 and September 30, 2021
The market value of the City's portfolio increased by $54,394,775 from the September 30, 2021 quarter. A significant component of this increase from the prior quarter and, in turn, the increase over the prior year, is the receipt of the 2021 Lease Revenue Bond funds, exceeding $20 million.

Outside the receipt of the bond funds, the quarterly change results from the normal fluctuations in the timing of incoming revenue, predominantly the receipt of property tax allocations, over $22 million, and sales tax revenue, and expenditures on Capital Projects as well as payments to Alameda County for Police and Fire Services. The City’s portfolio increased $55.4 million from the same quarter the prior year due to the excess of revenues over expenditures trending on an annual basis (see Table 1 below). Overall market yield-to-maturity stays consistent at 0.60% (shown in Table 2) due to the factors discussed in the Economic Update Highlights. For detailed monthly transactions, see Attachment 2.
115

Page 4 of 5 ends

Table 1: Portfolio Values and Yield to Maturity
Table 2: Quarterly Holdings (Market Value) by Type, and YTM, 5 Quarters December 31, 2020
Holdings
Market
Value
Market
Value
Par
Value
Book
Value
Market
Value
% of
Subtotal
% of Total
Portfolio
Book
Yield
Market
Yield
Managed by City
LAIF 50,189,403 50,364,764 50,395,433 50,395,433 50,395,433 33.7% 13.3% 0.22% 0.22% CAMP 59,605,094 43,129,270 99,038,042 99,038,042 99,038,042 66.3% 26.1% 0.05% 0.05% SUBTOTAL 109,794,497 93,494,034 149,433,475 149,433,475 149,433,475 100.00% 39.35% 0.11% 0.11% Accrued Interest 73,594 27,810 26,613 109,868,091 93,521,844 149,460,088 Managed by Chandler
ABS 8,651,697 13,665,558 14,798,561 14,798,588 14,715,444 6.3% 3.9% 0.60% 0.80% Agency 88,099,396 65,306,279 63,570,000 63,862,223 64,567,126 27.8% 16.7% 1.63% 0.78% CMO - 2,138,464 2,000,000 2,128,606 2,102,544 0.9% 0.5% 0.72% 1.19% Money Market 1,494,033 809,873 287,150 287,150 287,150 0.1% 0.1% 0.01% 0.01% Negotiable CD 2,500,588 5,000,000 5,000,099 4,996,560 2.2% 1.3% 0.23% 0.34% Supranational 9,291,429 22,656,506 22,740,000 22,701,331 22,424,573 9.7% 6.0% 0.96% 1.01% Corporate 49,090,006 57,831,563 55,155,000 55,606,179 56,130,717 24.2% 14.5% 1.93% 1.13% US Treasury 59,632,976 68,951,352 66,750,000 66,661,201 66,952,848 28.8% 17.6% 1.47% 0.87% SUBTOTAL 216,259,536 233,860,181 230,300,712 231,045,377 232,176,962 100.00% 60.65% 1.49% 0.91% Accrued Interest 996,234 746,077 885,828 217,255,770 234,606,258 233,062,790 TOTAL PORTFOLIO 327,123,861 328,128,102 379,734,186 380,478,852 382,522,878 100.00% 0.60% 23,267,576 55,399,017
(4,131,027) 54,394,775
December 31, 2021
Change from Prior Year
Change from Prior Quarter
September 30, 2021
Holdings (Market Value) 12/31/20 3/31/21 6/30/21 9/30/21 12/31/21 LAIF/CAMP 109,794,497 95,786,151 97,647,167 93,494,034 149,433,475 ABS 8,651,697 7,785,198 9,835,052 13,665,558 14,715,444 Agency 88,099,396 78,831,782 75,581,659 65,306,279 64,567,126 CMO - - - 2,138,464 2,102,544 Money Market 1,494,033 7,546,801 756,163 809,873 287,150 Negotiable CD - - 2,499,825 2,500,588 4,996,560 Supranational 9,291,429 14,391,293 19,043,767 22,656,506 22,424,573 Corporate 49,090,006 48,771,479 54,161,172 57,831,563 56,130,717 US Treasury 59,632,976 67,900,673 71,745,729 68,951,352 66,952,848 Accrued Interest 1,069,828 847,391 988,596 773,887 912,441 TOTAL 327,123,861 321,860,767 332,259,129 328,128,102 382,522,878 YIELD TO MATURITY 0.28% 0.39% 0.39% 0.44% 0.60%
116

Page 5 of 5 ends

Funds Managed by the City
The City participates in two local agency investment pools managed by government finance professionals and treasurers: the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP). The following table reflects the most recent quarterly yields.

Table 3: Quarterly Portfolio Yields, Recent 8 Quarters
Market Yield LAIF CAMP Chandler
12/31/19 2.03% 1.77% 1.75%
3/31/20 1.74% 1.50% 0.89%
6/30/20 1.15% 0.48% 0.36%
9/30/20 0.66% 0.25% 0.30%
12/31/20 0.52% 0.12% 0.27%
3/31/21 0.35% 0.07% 0.46%
6/30/21 0.25% 0.05% 0.49%
9/30/21 0.21% 0.05% 0.56%
12/31/21 0.22% 0.05% 0.91%
STRATEGIC PLAN INITIATIVE:

Strategy 2, Objective D: Continue to maintain strong fiscal policies.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) City of Dublin Investment Report for Period Ending December 31, 2021 2) Transaction Ledger – October through December 2021
117
CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com

INVESTMENT REPORT
Period Ending December 31, 2021
City of Dublin
Attachment 1
118
SECTION 1 Economic Update
SECTION 2 Account Profile
SECTION 3 Consolidated Information
SECTION 4 Portfolio Holdings
SECTION 5 Transactions
Table of Contents As of December 31, 2021
1 119
SECTION |
Section 1 |
Economic Update
2 120
Economic Update



We believe economic growth is likely to m oderate but remain above-trend in 2022,as US fiscal support begins to wane, and the Federal Reserve becomes less accommodative. We expect continued improvement in the labor market, particularly an increase in the participation rate, will help drive economic growth this year as the health situation improves. Consumer spending, the largest component of US GDP, should also remain solid, supported by healthy consumer balance sheets and an improving labor market, in our view. We anticipate inventory rebuilding will likely be a significant driver of US GDP growth in the second half of the year as well. Our outlook is predicated on an improving global health backdrop, though risks to the downside remain. Over the near-term, we believe the omicron variant will hinder economic growth and we expect financial market volatility will be elevated. Inflation readings continue to run hot, but we believe inflation may be at or near a peak and pricing pressures are likely to abate as we move through the year.

The Federal Open Market C ommittee (FOMC) kept the fed funds target rate unchanged in December, in a range of 0.0%-

0.25%, but announced plans to accelerate the pace of their tapering process. The Fed will reduce the magnitude of their monthly asset purchases by $30billion in January, doubling the pace of the monthly reduction in asset purchases that began in November. Should the Fed continue to reduce their monthly asset purchases at the new pace, their bond-buying program would end this spring (late-March or mid-April). The FOMC’s updated Summary of Economic Projections indicates that policymakers may be prepared to hike the fed funds rate three times in 2022(based on the median estimate), up from the previous projection of just one 25 basis point hike. The Fed’s updated projections suggest that these hikes would be amid a backdrop of strong economic growth. With inflation now more elevated and prolonged than originally anticipated, we believe the Fed’s decision to accelerate the tapering process is prudent. However, we do not believe that monetary policy is on a pre-set course and expect the Fed will adjust policy if necessary, depending on developments in the economy.

In December, the 2-year Treasury yield increased nearly 17 basis points to 0.73%, the 5-year Treasury yield increased ten basis points to 1.26%, and the 10-year Treasury yield increased about seven basis points to 1.51% in the month. So far in January, we have seen a relatively swift move upward in Treasury yields across the curve. 3 121
Source: US Department of Labor Source: US Department of Labor Employment
Job growth slowed in D ecember, with US nonfarm payroll growth of just 199,000in the month versus the consensus forecast of 450,000,but the unemployment rate still declined to 3.9%, the lowest level since February 2020.On a trailing 3-month and 6-month basis, payrolls increased an average of 365,000and 508,000per month, respectively, which still compares favorably to the average job gains in the five years leading up to the pandemic of about 196,000per month. We believe a variety of factors are keeping some workers out of the labor force for now, which continues to hold back job growth despite strong demand from employers. The labor participation rate was unchanged in December at 61.9% and remains lower than the pre-pandemic level of 63.4%. The employment-population ratio increased to 59.5% in December form 59.3% in November, but also remains below the pre-pandemic level of 61.2%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons, declined to 7.3% in December from 7.7% in November (versus 7.0% in February 2020). Annualized average hourly earnings rose 0.6% month-over-month and were up 4.7% year-over-year in December versus

5.1% in November.
-22,000
-18,000
-14,000
-10,000
-6,000
-2,000
2,000
6,000
MOM Change In (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3 month average (000's)

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

24.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
4 122
Initial Claims for Unemployment
-
5,000
10,000
15,000
20,000
25,000
In thousands
Initial Jobless Claims
Continuing Claims
Initial Claims For Unemployment May 01, 2020 - January 14, 2022 In the most recent week, the number of initial jobless claims was 286,000, versus 231,000 in the prior week. The level of continuing unemployment claims (where the data is lagged by one week) declined to 1.635 million from 1.551 million in the prior week. Continuing jobless claims have declined significantly from the peak of nearly 25 million in May 2020,and are in the range of pre-pandemic levels (the 2019 average was 1.7 million).

Source: US Department of Labor
5 123
Source: US Department of Labor Source: US Department of Commerce Inflation
The Consumer Price Index ( CPI) was up 7.0% year-over-year in December, versus up 6.8% year-over-year in November. Core CPI (CPI less food and energy) was up 5.5% year-over-year in December, versus up 4.9% in November. Pricing pressures were widespread in December, with notable gains for used cars and trucks, new vehicles, food, and rent. The Personal Consumption Expenditures (PCE) index was up 5.7% year- over-year in November, up from 5.1% in October. Core PCE was up 4.7% year-over-year in November, versus up 4.2% in October. Current inflation readings continue to run well above the Fed’s longer-run target of around 2.0%. While we believe year-over-year inflation may be at or near a peak, and pricing pressures are likely to abate as we move through the year, we expect inflationary pressures will remain elevated over the near-term.

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Cor e Deflator Y OY % Change
YOY( %) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY( %) Change
6 124
On a year-over-year basis, retail sales were up 16.9% in December versus up 18.2% in November. On a month-over-month basis, retail sales were softer than expected in December, down 1.9% versus expectations of down 0.1%, following a modest gain of just 0.2% in November.

Excluding vehicles and gas, retail sales were down 2.5% month-over-month. In our view, the data suggests that consumers started shopping early in the holiday season and that high gas prices are likely taking some wallet share. We believe the surge in Omicron virus cases likely hindered December sales as well. We remain constructive on the outlook for consumer spending this year, but we believe the current surge in virus cases is likely to take a toll on January retail sales. Looking further ahead, we believe high levels of consumer savings along with improvement in the health situation and continued improvement in the labor market, should provide a healthy tailwind for consumer spending. The Consumer Confidence index increased to 115.8 in December from 111.9 in November. The improvement came despite the arrival of the omicron variant and still elevated inflation.

Source: US Department of Commerce Source: The Conference Board -30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change
80 90
100
110
120
130
140
Index Level
Consumer Confidence
Consumer
7 125
Source: The Conference Board Source: Federal Reserve Bank of Chicago Economic Activity
The Conference Board’s Leading E conomic Index (LEI) increased 0.8% month-over-month in December, following a 0.7% increase in November.

On a year-over-year basis, the LEI was up 8.5% in December versus up 8.4% in November. The Conference Board believes the December increase in the LEI suggests that the economic expansion will continue into the spring, but they caution that headwinds from the virus, labor shortages, inflation, and expected rate hikes by the Fed pose risks to the outlook. The Conference Board expects GDP growth to moderate in the first quarter to 2.2% but they are forecasting 3.5% growth for the full year. Meanwhile, the Chicago Fed National Activity Index (CFNAI) declined to -0.15 in December from 0.44 in November, suggesting that economic growth declined in December. We believe the rapid spread of the Omicron variant in December contributed to the overall decline. On a 3-month moving average basis, the CFNAI increased to 0.33 in December versus 0.40 in November.
-8.00
-6.00
-4.00
-2.00

0.00 2.00

4.00 6.00
Chicago Fed National Activity Index (CFNAI)
3 Month Average
-8.0%
-6.0%
-4.0%
-2.0%

0.0%

2.0%

4.0%
Leading Economic Indicators (LEI)
MOM ( %) Change
8 126
Source: US Department of Commerce Source: S&P
Housing
0 200
400
600
800
1000
1200
1400
1600
1800
2000
MOM Change (In Thousands of Units)
Housing Starts
Multi Family Housing Starts
Single Family Housing Starts

0.0%

3.0%

6.0%

9.0%

12.0%

15.0%

18.0%

21.0%

24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
YOY( %) Change
Total housing starts increased 1. 4% in December to an annual pace of 1,702,000.Single-family starts declined 2.3% while multi-family starts increased 10.6%, month-over-month. On a year-over-year basis total housing starts were up 2.5% in December. According to the Case-Shiller 20- City home price index, home prices were up 18.4% year-over-year in October versus up 19.1% year-over-year in September, suggesting the acceleration in home prices is easing. However, tight supply will likely continue to support prices. 9 127
Source: Institute for Supply Management Source: Federal Reserve Manufacturing
The Institute for Supply M anagement (ISM) manufacturing index declined to 58.7 in December from 61.1 in November. Nevertheless, readings above 50.0 are indicative of expansion in the manufacturing sector. The Industrial Production index was up 3.7% in December, versus up 5.0% in November. On a month-over-month basis, the Industrial Production index declined 0.1% in December, following an upwardly revised 0.7% increase in November. Manufacturing production likely remains constrained by supply chain bottlenecks, and capacity utilization declined to

76.5% in December from 76.6% in November. Although capacity utilization remains below its longer-run average of 79.6%, it is running above the pre-pandemic level of 76.3%.
40 42
44 46
48 50
52 54
56 58
60 62
64 66
Institute of Supply Management Purchasing Manager
Index

EXPANDING

CONTRACTING
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%

20.0%
Industrial Production
YOY( %) Change
10 128
Source: US Department of Commerce Source: US Department of Commerce 12/20 3/21 6/21 9/21

2.3% 7.4% 7.9% 1.4%

4.0% -0.4% -0.7% 2.1%
-1.7% -1.6% -0.2% -1.3%
-0.2% 0.8% -0.4% -0.4%

0.1% 0.0% 0.0% 0.5%

4.5% 6.3% 6.7% 2.3%
Gross Private Domestic Investment
Personal Consumption Expenditures
Components of GDP
Federal Government Expenditures
State and Local (Consumption and Gross
Investment)
Net Exports and Imports
Total
-35.0%
-30.0%
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Gross Domestic Product (GDP)
Real US gross domestic pr oduct (GDP) growth decelerated in the third quarter of 2021amid widespread supply chain disruptions and a surge in the Covid Delta variant. However, third quarter growth was slightly better than previously estimated. According to the final estimate, third quarter GDP grew at an annualized rate of 2.3% in the third quarter, revised up from the second estimate of 2.1% and the advance estimate of

2.0%. This follows a much stronger pace of growth in the first half of 2021, with first and second quarter annualized GDP growth up 6.3% and

6.7%, respectively. The consensus estimate is 5.9% GDP growth in the fourth quarter, and 2.9% GDP growth in the current quarter. We anticipate the recent surge of omicron cases in the US will hamper current quarter economic growth. 11 129
Federal Reserve
Source: Federal Reserve Source: Bloomberg
Last year, the Fed t ook a wide range of aggressive actions to help stabilize and provide liquidity to the financial markets. The Fed lowered the fed funds target rate to a range of 0.0%-0.25% and started purchasing Treasury and agency mortgage-backed securities (MBS) to support smooth market functioning. Last year, policymakers reinstated the Commercial Paper Funding Facility and Money Market Mutual Fund Liquidity Facility, and established the Primary Market Corporate Credit Facility, Secondary Market Corporate Credit Facility, Term Asset-Backed Securities Loan Facility, Paycheck Protection Program Liquidity Facility, Main Street Lending Facility, and Municipal Liquidity Facility. The Fed has also provided short-term funding through large-scale repo operations and lowered the reserve requirement for depository institutions.

Many of the Fed's lending facilities expired at the end of 2020. In June 2021, the Fed announced plans to unwind its corporate credit facility.

The Fed started to taper their Treasury and agency MBS purchases in November 2021,and we believe the Fed's bond-buying program is likely to end in the spring of 2022. The Fed has also signaled that they are likely to start hiking the fed funds target rate in 2022.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%
Effective Federal Funds Rate
Yield (%)
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
Federal Reserve Balance Sheet Assets
In $ millions
12 130
Source: Bloomberg Source: Bloomberg

0.0%

0.5%

1.0%

1.5%

2.0%

2.5%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)

0.0%

0.5%

1.0%

1.5%

2.0%

2.5%
US Treasury Yield Curve
Dec-21
Sep-21
Dec-20
Yield (%)
Bond Yields
At the end of December, the 2-year Treasury yield was about 61 basis points higher and the 10-Year Treasury yield was about 60 basis points higher, year-over-year. The spread between the 2-year Treasury yield and 10-year Treasury yield was 78 basis points at year-end compared to the average historical spread (since 2002) of about 135 basis points. 13 131
Section 2|SECTION |
Section 2 |
Account Profile
14 132
Objectives
Chandler Asset Management Performance Objective
The performance objective of the City of Dublin is to earn a return that equals or exceeds the return on of the ICE BAML 1-5 Year Treasury and Agency Index.

Investment Objectives
The investment objectives of the City of Dublin are first, to provide safety of principal; second, to provide adequate liquidity to meet all requirements which might be reasonably anticipated; third, to attain a market average rate of return on its investments throughout economic cycles; and fourth, to be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.

Strategy
In order to achieve this objective, the portfolio invests in high quality fixed income instruments consistent with the City's investment policy and California Government Code.

As of December 31, 2021
15 133
Compliance As of December 31, 2021
Category Standard Comment
U.S. Treasury Issues No limitations; Full faith and credit of the U.S. are pledged for payment of principal and interest. Complies Federal Agencies
35% max per agency issuer; 25% max callables for agency securities; Federal Agencies or U.S. Government Sponsored Enterprises (GSE), participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S.

GSEs.

Complies
Municipal Securities "A" rated or higher by a NRSRO; 5% max per issuer; Obligations of the State of California, any of the other 49 states, or any local agency within the state of California; Complies
Supranational Securities
"AA" rating category or better by a Nationally Recognized Statistical Rating Organization ("NRSRO"); 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development ("IBRD"), the International Finance Corporation ("IFC") or the Inter-American Development Bank ("IADB") Complies
Asset-Backed Securities/Mortgage-
Backed Securities/ Collateralized
Mortgage Obligations
"AA" rated or higher by a NRSRO; 20% maximum (combined); 5% max per issuer Complies Corporate Medium Term Notes "A" rated or higher by a NRSRO; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S. Complies Negotiable Certificates of Deposit
"A" long-term debt rated and/or "A-1" short-term rated or higher by a NRSRO; 30% maximum; 5% max per issuer; 20% max amount invested in NCDs with any one financial institution in combination with any other debt from that financial institution; 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.

Complies
Time Deposits/ Certificates of Deposit 10% maximum; Collateralized/FDIC Insured; 1 year max maturity Complies Commercial Paper
"A-1" rated or higher by a NRSRO; 25% maximum; 5% max per issuer; 10% max of the outstanding commercial paper of an issuing corporation; 20% max amount invested in CP of any one issuer in combination with any other debt from that issuer; 270 days max maturity; Issuer of the commercial paper shall meet all conditions in either A) (1) Organized and operating in the U.S. as a general corp, (2) Has AUM > $500 million, (3) "A" rated issuer debt (if any) or higher by a NRSRO; or B) (1) Organized in the U.S. as a special purpose corp, trust, LLC, (2) Has program wide credit enhancements including, but not limited to, over collateralization, LOC, or surety bond, (3) "A-1" rated or higher by a NRSRO
Complies
Banker’s Acceptances "A-1" short-term rated or higher by a NRSRO; 40% maximum; 5% max per issuer; 20% max amount invested in BA with any one financial institution in combination with any other debt from that financial institution; 180 days max maturity Complies Money Market Mutual Funds and
Mutual Funds
Highest rating or "AAA" rated by two NRSROs; SEC registered adviser with AUM >$500 million and experience > 5 years; 20% maximum in Mutual Funds and Money Market Mutual Funds; 20% max in Money Market Mutual Fund; 10% max per one Mutual Fund Complies Local Agency Investment Fund (LAIF) Maximum permitted by LAIF; Not used by investment adviser Complies California Asset Management Program
(CAMP) Issued by joint powers authority organized pursuant to California Government Code; Not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Mortgage-derived, Interest-only strips; Any investment in a security not specifically listed as an Authorized and Suitable Investment in the policy. Complies
Max Per Issuer 5% max per issuer, except US Government, its Agencies and instrumentalities (including agency backed-mortgage pools), Supranational securities, or Money Market Mutual Funds Complies
Maximum Maturity 5 years, unless otherwise stated in the policy Complies City of Dublin
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. 16 134
Portfolio Characteristics
City of Dublin
12/31/2021 9/30/2021
Benchmark* Portfolio Portfolio
Average Maturity (yrs) 2.64 2.67 2.80
Average Modified Duration 2.57 2.47 2.58
Average Purchase Yield n/a 1.49% 1.52%
Average Market Yield 0.85% 0.91% 0.56%
Average Quality** AAA AA/Aa1 AA/Aa1
Total Market Value 233,062,790 234,606,258
*ICE BofA 1-5 Yr US Treasury & Agency Index
**Benchmark is a blended rating of S&P, Moody’s, and Fitch. Portfolio is S&P and Moody’s respectively.

As of December 31, 2021
17 135
City of Dublin
Sector Distribution
ABS

6.3%
Agency

27.8%
CMO

0.9%
Corporate

24.2%
Money Market
Fund

0.1%
Negotiable CD

2.1%
Supranational

9.6%
US Treasury

28.8%
December 31, 2021 September 30, 2021
ABS

5.8%
Agency

28.0%
CMO

0.9%
Corporate

24.8%
Money Market
Fund

0.4%
Negotiable CD

1.1%
Supranational

9.7%
US Treasury

29.5%
As of December 31, 2021
18 136
Issue Name Investment Type % Portfolio
Government of United States US Treasury 28.82%
Federal National Mortgage Association Agency 11.71%
Federal Home Loan Bank Agency 8.68%
Inter-American Dev Bank Supranational 5.31%
Federal Home Loan Mortgage Corp Agency 4.57%
Intl Bank Recon and Development Supranational 4.33%
Federal Farm Credit Bank Agency 2.87%
JP Morgan Chase & Co Corporate 1.79%
Bank of America Corp Corporate 1.62%
Royal Bank of Canada Corporate 1.55%
Honda Motor Corporation Corporate 1.55%
Charles Schwab Corp/The Corporate 1.47%
Toronto Dominion Holdings Corporate 1.46%
Hyundai Auot Receivables ABS 1.42%
Apple Inc Corporate 1.35%
Morgan Stanley Corporate 1.29%
US Bancorp Corporate 1.16%
Chubb Corporation Corporate 1.14%
Honeywell Corp Corporate 1.08%
Bank of Nova Scotia Houston Negotiable CD 1.07%
Svenska Handelsbanken NY Negotiable CD 1.07%
Bank of Montreal Chicago Corporate 1.05%
Toyota Motor Corp Corporate 1.05%
PNC Financial Services Group Corporate 0.99%
John Deere ABS ABS 0.97%
Federal Home Loan Mortgage Corp CMO 0.90%
Deere & Company Corporate 0.89%
Wal-Mart Stores Corporate 0.87%
Berkshire Hathaway Corporate 0.82%
Honda ABS ABS 0.81%
Amazon.com Inc Corporate 0.79%
Hyundai Auto Lease Securitization ABS 0.61%
Bank of New York Corporate 0.54%
Metlife Inc Corporate 0.54%
Toyota ABS ABS 0.53%
Nissan ABS ABS 0.49%
Mercedes-Benz Auto Lease Trust ABS 0.48%
Toyota Lease Owner Trust ABS 0.46%
Issuers
City of Dublin – Account #10198
As of December 31, 2021
19 137
Issue Name Investment Type % Portfolio
ChevronTexaco Corp Corporate 0.44%
Merck & Company Corporate 0.33%
BMW Vehicle Lease Trust ABS 0.30%
United Health Group Inc Corporate 0.26%
GM Financial Securitized Term Auto Trust ABS 0.25%
Salesforce.com Inc Corporate 0.20%
First American Govt Oblig Fund Money Market Fund 0.12%
TOTAL 100.00%
Issuers
City of Dublin – Account #10198
As of December 31, 2021
20 138
AAA AA A <A NR
12/31/21 15.1% 63.7% 17.0% 1.3% 2.9%
09/30/21 14.1% 64.5% 17.5% 1.3% 2.7%
Source: S&P Ratings
December 31, 2021 vs. September 30, 2021

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

70.0%
AAA AA A <A NR
12/31/2021 9/30/2021
Quality Distribution
City of Dublin
As of December 31, 2021
21 139

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ City of Dublin ICE BofA 1-5 Yr US Treasury & Agency Index Portfolio Compared to the Benchmark as of December 31, 2021 0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ Portfolio 2.0% 3.8% 7.6% 24.7% 24.8% 22.8% 14.3% 0.0%
Benchmark* 0.0% 0.0% 1.7% 34.8% 27.8% 18.8% 16.8% 0.0%
*ICE BofA 1-5 Yr US Treasury & Agency Index
Duration Distribution
City of Dublin
As of December 31, 2021
22 140
-1.50%
-1.00%
-0.50%

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%
12 months 2 years 3 years 5 years 10 years Since Inception City of Dublin ICE BofA 1-5 Yr US Treasury & Agency Index Total Rate of Return Annualized Since Inception 10/31/2013 Annualized
TOTAL RATE OF RETURN 3 months 12 months 2 years 3 years 5 years 10 years Since Inception
City of Dublin -0.66% -0.94% 1.66% 2.63% 2.07% N/A 1.65% ICE BofA 1-5 Yr US Treasury & Agency Index -0.69% -1.09% 1.53% 2.41% 1.88% N/A 1.47% *ICE BofA 1-3 Yr US Treasury & Agency Index to 12/31/14 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.

Investment Performance
City of Dublin
As of December 31, 2021
23 141
Portfolio Characteristics
City of Dublin Reporting Account
12/31/2021
Portfolio
9/30/2021
Portfolio
Average Maturity (yrs) 0.00 0.00
Modified Duration 0.00 0.00
Average Purchase Yield 0.11% 0.14%
Average Market Yield 0.11% 0.14%
Average Quality* AAA/NR AAA/NR
Total Market Value 149,460,088 93,521,844
*Portfolio is S&P and Moody’s, respectively.

As of December 31, 2021
24 142
City of Dublin Reporting Account
Sector Distribution
LAIF

33.7%
Local Gov
Investment Pool

66.3%
December 31, 2021 September 30, 2021
LAIF

53.9%
Local Gov
Investment Pool

46.1%
As of December 31, 2021
25 143
Issue Name Investment Type % Portfolio
CAMP Local Gov Investment Pool 66.26%
Local Agency Investment Fund LAIF 33.74%
TOTAL 100.00%
Issuers
City of Dublin Reporting Account – Account #10219
As of December 31, 2021
26 144
SECTION |
Section 3 |
Consolidated Information
27 145
Portfolio Characteristics
City of Dublin Consolidated
12/31/2021 9/30/2021
Portfolio Portfolio
Average Maturity (yrs) 1.63 2.00
Modified Duration 1.50 1.84
Average Purchase Yield 0.94% 1.12%
Average Market Yield 0.60% 0.44%
Average Quality* AA+/Aa1 AA+/Aa1
Total Market Value 382,522,878 328,128,102
* Portfolio is S&P and Moody’s respectively.

As of December 31, 2021
28 146
City of Dublin Consolidated
Sector Distribution
ABS

3.8%
Agency

17.0%
CMO

0.6%
Corporate

14.8%
LAIF

13.2%
Local Gov
Investment Pool

25.9%
Money Market
Fund

0.1%
Negotiable CD

1.3%
Supranational

5.9%
US Treasury

17.6%
December 31, 2021 September 30, 2021
ABS

4.2%
Agency

20.0%
CMO

0.7%
Corporate

17.7%
LAIF

15.4%
Local Gov
Investment Pool

13.1%
Money Market
Fund

0.3%
Negotiable CD

0.8%
Supranational

6.9%
US Treasury

21.1%
As of December 31, 2021
29 147
SECTION |
Section 4 |
Portfolio Holdings
30 148
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
65479GAD1 Nissan Auto Receivables Trust 2018-B A3

3.060% Due 03/15/2023
98,576.96 07/17/2018

3.08%
98,573.76
98,576.85
100.21

0.48%
98,779.93
134.06

0.04%
203.08
Aaa / AAA
NR

1.20 0.08
89231PAD0 Toyota Auto Receivables Trust 2018-D A3

3.180% Due 03/15/2023
206,220.51 08/29/2019

2.00%
210,626.86
207,713.15
100.44

0.36%
207,126.24
291.46

0.09%
(586.91)
Aaa / AAA
NR

1.20 0.16
44891VAC5 Hyundai Auto Lease Trust 2021-B A3

0.330% Due 06/17/2024
1,420,000.00 06/08/2021

0.34%
1,419,787.00
1,419,838.63

99.37 0.73%
1,411,110.80
208.27

0.61%
(8,727.83)
Aaa / AAA
NR

2.46 1.56
65479JAD5 Nissan Auto Receivables Owner 2019-C A3

1.930% Due 07/15/2024
1,028,763.91 10/16/2019

1.94%
1,028,709.60
1,028,734.79
100.81

0.38%
1,037,068.09
882.45

0.45%
8,333.30
Aaa / AAA
NR

2.54 0.52
89237VAB5 Toyota Auto Receivables Trust 2020-C A3

0.440% Due 10/15/2024
1,025,000.00 07/21/2020

0.44%
1,024,921.08
1,024,947.86

99.92 0.55%
1,024,175.90
200.44

0.44%
(771.96)
Aaa / AAA
NR

2.79 0.74
43813KAC6 Honda Auto Receivables Trust 2020-3 A3

0.370% Due 10/18/2024
1,120,000.00 09/22/2020

0.38%
1,119,835.47
1,119,901.43

99.72 0.65%
1,116,869.60
149.64

0.48%
(3,031.83)

NR / AAA
AAA

2.80 0.99
89239CAC3 Toyota Lease Owner Trust 2021-B A3

0.420% Due 10/21/2024
1,090,000.00 07/27/2021

0.40%
1,089,985.28
1,089,987.76

99.15 0.90%
1,080,742.63
139.88

0.46%
(9,245.13)
Aaa / NR
AAA

2.81 1.79
47787NAC3 John Deere Owner Trust 2020-B A3

0.510% Due 11/15/2024
515,000.00 07/14/2020

0.52%
514,921.51
514,954.09

99.85 0.69%
514,211.54
116.73

0.22%
(742.55)
Aaa / NR
AAA

2.88 0.83
58769KAD6 Mercedes-Benz Auto Lease Trust 2021-B A3

0.400% Due 11/15/2024
1,135,000.00 06/22/2021

0.40%
1,134,914.31
1,134,931.45

99.25 0.81%
1,126,440.97
201.78

0.48%
(8,490.48)

NR / AAA
AAA

2.88 1.85
09690AAC7 BMW Vehicle Lease Trust 2021-2 A3

0.330% Due 12/26/2024
710,000.00 09/08/2021

0.34%
709,926.73
709,936.25

99.24 0.80%
704,580.58

39.05 0.30%
(5,355.67)
Aaa / NR
AAA

2.99 1.64
47788UAC6 John Deere Owner Trust 2021-A A3

0.360% Due 09/15/2025
800,000.00 03/02/2021

0.37%
799,846.24
799,880.97

99.19 0.84%
793,528.00
128.00

0.34%
(6,352.97)
Aaa / NR
AAA

3.71 1.70
44933LAC7 Hyundai Auto Receivables Trust 2021-A A3

0.380% Due 09/15/2025
725,000.00 04/20/2021

0.38%
724,923.73
724,940.72

99.25 0.84%
719,587.88
122.44

0.31%
(5,352.84)

NR / AAA
AAA

3.71 1.62
44934KAC8 Hyundai Auto Receivables Trust 2021-B A3

0.380% Due 01/15/2026
2,065,000.00 07/20/2021

0.39%
2,064,544.25
2,064,606.74

98.90 0.98%
2,042,194.14
348.76

0.88%
(22,412.60)

NR / AAA
AAA

4.04 1.85
43815GAC3 Honda Auto Receivables Trust 2021-4 A3

0.880% Due 01/21/2026
765,000.00 11/16/2021

0.89%
764,838.74
764,843.91

99.76 0.99%
763,154.06
187.00

0.33%
(1,689.85)
Aaa / NR
AAA

4.06 2.13
47789QAC4 John Deere Owner Trust 2021-B A3

0.520% Due 03/16/2026
965,000.00 07/13/2021

0.52%
964,913.92
964,924.51

98.86 1.02%
954,003.83
223.02

0.41%
(10,920.68)
Aaa / NR
AAA

4.21 2.30
44935FAD6 Hyundai Auto Receivables Trust 2021-C A3

0.740% Due 05/15/2026
545,000.00 11/09/2021

0.75%
544,878.36
544,883.10

99.31 1.05%
541,263.48
179.24

0.23%
(3,619.62)

NR / AAA
AAA

4.37 2.19
As of December 31, 2021
31 149
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
362554AC1 GM Financial Securitized Term 2021-4 A3

0.680% Due 09/16/2026
585,000.00 10/13/2021

0.66%
584,985.08
584,985.94

99.25 1.06%
580,606.07
165.75

0.25%
(4,379.87)
Aaa / AAA
NR

4.71 1.98
TOTAL ABS 14,798,561.38 0.60%
14,801,131.92
14,798,588.15 0.80%
14,715,443.74
3,717.97

6.32%
(83,144.41)
Aaa / AAA
Aaa

3.29 1.54
Agency
313378CR0 FHLB Note

2.250% Due 03/11/2022
2,000,000.00 06/19/2017

1.86%
2,035,280.00
2,001,411.20
100.41

0.16%
2,008,110.00
13,750.00

0.87%
6,698.80
Aaa / AA+
NR

0.19 0.19
3135G0T45 FNMA Note

1.875% Due 04/05/2022
3,250,000.00 05/05/2017

1.99%
3,232,125.00
3,249,062.88
100.41

0.30%
3,263,383.50
14,557.29

1.41%
14,320.62
Aaa / AA+
AAA

0.26 0.26
3135G0T94 FNMA Note

2.375% Due 01/19/2023
2,500,000.00 03/28/2018

2.70%
2,463,675.00
2,492,081.69
102.05

0.41%
2,551,347.50
26,718.75

1.11%
59,265.81
Aaa / AA+
AAA

1.05 1.03
313383QR5 FHLB Note

3.250% Due 06/09/2023
1,500,000.00 08/28/2018

2.87%
1,525,005.00
1,507,508.66
103.86

0.56%
1,557,838.50
2,979.17

0.67%
50,329.84
Aaa / AA+
NR

1.44 1.41
3137EAEN5 FHLMC Note

2.750% Due 06/19/2023
2,000,000.00 07/16/2018

2.88%
1,988,360.00
1,996,542.96
103.15

0.59%
2,062,924.00
1,833.33

0.89%
66,381.04
Aaa / AA+
AAA

1.47 1.44
3135G05G4 FNMA Note

0.250% Due 07/10/2023
2,350,000.00 07/08/2020

0.32%
2,344,947.50
2,347,439.14

99.46 0.60%
2,337,404.00
2,790.63

1.00%
(10,035.14)
Aaa / AA+
AAA

1.52 1.52
3133EKZK5 FFCB Note

1.600% Due 08/14/2023
4,000,000.00 08/26/2019

1.54%
4,009,000.00
4,003,667.13
101.96

0.39%
4,078,236.00
24,355.56

1.76%
74,568.87
Aaa / AA+
AAA

1.62 1.59
313383YJ4 FHLB Note

3.375% Due 09/08/2023
5,000,000.00 Various

2.90%
5,102,615.00
5,036,778.37
104.57

0.65%
5,228,470.00
52,968.76

2.27%
191,691.63
Aaa / AA+
NR

1.69 1.63
3130A0F70 FHLB Note

3.375% Due 12/08/2023
5,000,000.00 Various

2.73%
5,147,870.00
5,058,118.98
105.07

0.73%
5,253,670.00
10,781.25

2.26%
195,551.02
Aaa / AA+
AAA

1.94 1.88
3135G0V34 FNMA Note

2.500% Due 02/05/2024
2,000,000.00 02/27/2019

2.58%
1,992,340.00
1,996,749.92
103.56

0.78%
2,071,160.00
20,277.78

0.90%
74,410.08
Aaa / AA+
AAA

2.10 2.03
3130A1XJ2 FHLB Note

2.875% Due 06/14/2024
3,795,000.00 Various

1.96%
3,958,639.85
3,875,338.89
104.87

0.87%
3,979,687.47
5,152.24

1.71%
104,348.58
Aaa / AA+
NR

2.45 2.37
3133EKWV4 FFCB Note

1.850% Due 07/26/2024
2,500,000.00 08/13/2019

1.65%
2,524,140.00
2,512,510.61
102.93

0.70%
2,573,350.00
19,913.19

1.11%
60,839.39
Aaa / AA+
AAA

2.57 2.49
3130A2UW4 FHLB Note

2.875% Due 09/13/2024
2,000,000.00 10/10/2019

1.58%
2,122,020.00
2,066,877.00
105.11

0.95%
2,102,102.00
17,250.00

0.91%
35,225.00
Aaa / AA+
AAA

2.70 2.59
3135G0W66 FNMA Note

1.625% Due 10/15/2024
2,000,000.00 11/08/2019

1.80%
1,983,400.00
1,990,606.56
101.88

0.94%
2,037,648.00
6,861.11

0.88%
47,041.44
Aaa / AA+
AAA

2.79 2.72
3135G0X24 FNMA Note

1.625% Due 01/07/2025
4,200,000.00 Various

1.18%
4,287,898.80
4,254,850.11
101.83

1.01%
4,276,750.80
32,987.50

1.85%
21,900.69
Aaa / AA+
AAA

3.02 2.92
As of December 31, 2021
32 150
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
3137EAEP0 FHLMC Note

1.500% Due 02/12/2025
4,200,000.00 Various

1.23%
4,254,786.30
4,234,553.48
101.46

1.02%
4,261,496.40
24,325.00

1.84%
26,942.92
Aaa / AA+
AAA

3.12 3.02
3135G03U5 FNMA Note

0.625% Due 04/22/2025
1,825,000.00 04/22/2020

0.67%
1,821,240.50
1,822,512.22

98.64 1.04%
1,800,165.40
2,186.20

0.77%
(22,346.82)
Aaa / AA+
AAA

3.31 3.26
3135G04Z3 FNMA Note

0.500% Due 06/17/2025
3,435,000.00 06/17/2020

0.54%
3,427,889.55
3,430,076.48

98.03 1.08%
3,367,217.15
667.92

1.45%
(62,859.33)
Aaa / AA+
AAA

3.46 3.42
3137EAEU9 FHLMC Note

0.375% Due 07/21/2025
1,745,000.00 07/21/2020

0.48%
1,736,309.90
1,738,820.69

97.48 1.10%
1,701,017.28
2,908.33

0.73%
(37,803.41)
Aaa / AA+
AAA

3.56 3.51
3135G05X7 FNMA Note

0.375% Due 08/25/2025
2,755,000.00 08/25/2020

0.47%
2,742,106.60
2,745,584.43

97.29 1.14%
2,680,314.71
3,615.94

1.15%
(65,269.72)
Aaa / AA+
AAA

3.65 3.60
3137EAEX3 FHLMC Note

0.375% Due 09/23/2025
2,655,000.00 09/23/2020

0.44%
2,647,008.45
2,649,037.01

97.32 1.11%
2,583,713.25
2,710.31

1.11%
(65,323.76)
Aaa / AA+
AAA

3.73 3.68
3135G06G3 FNMA Note

0.500% Due 11/07/2025
2,860,000.00 11/09/2020

0.57%
2,849,761.20
2,852,094.59

97.59 1.14%
2,791,119.76
2,145.00

1.20%
(60,974.83)
Aaa / AA+
AAA

3.85 3.79
TOTAL Agency 63,570,000.00 1.63%
64,196,418.65
63,862,223.00 0.78%
64,567,125.72
291,735.26

27.83%
704,902.72
Aaa / AA+
Aaa

2.33 2.28
CMO
3137BFE98 FHLMC K041 A2

3.171% Due 10/25/2024
2,000,000.00 07/01/2021

0.72%
2,151,406.25
2,128,605.65
105.13

1.19%
2,102,544.00
5,285.00

0.90%
(26,061.65)
Aaa / AAA
AAA

2.82 2.62
TOTAL CMO 2,000,000.00 0.72%
2,151,406.25
2,128,605.65 1.19%
2,102,544.00
5,285.00

0.90%
(26,061.65)
Aaa / AAA
Aaa

2.82 2.62
Corporate
808513AT2 Charles Schwab Corp Callable Note Cont 12/25/2022

2.650% Due 01/25/2023
2,000,000.00 05/21/2019

2.74%
1,993,920.00
1,998,238.93
101.85

0.75%
2,037,098.00
22,966.67

0.88%
38,859.07
A2 / A
A

1.07 0.97
084670BR8 Berkshire Hathaway Callable Note Cont 1/15/2023

2.750% Due 03/15/2023
1,865,000.00 Various

3.35%
1,818,500.75
1,852,729.64
102.11

0.71%
1,904,355.23
15,101.32

0.82%
51,625.59
Aa2 / AA
A+

1.20 1.02
58933YAF2 Merck & Co Note

2.800% Due 05/18/2023
740,000.00 10/26/2018

3.41%
720,996.80
734,256.71
102.95

0.65%
761,828.52
2,474.89

0.33%
27,571.81
A1 / A+
A+

1.38 1.36
46625HRL6 JP Morgan Chase Callable Note Cont 3/18/2023

2.700% Due 05/18/2023
500,000.00 12/20/2018

3.74%
479,055.00
493,453.06
102.28

0.81%
511,383.00
1,612.50

0.22%
17,929.94
A2 / A-
AA-

1.38 1.20
69353RFL7 PNC Bank Callable Note Cont 5/9/2023

3.500% Due 06/08/2023
2,210,000.00 Various

3.53%
2,206,955.80
2,209,126.53
103.76

0.71%
2,293,111.47
4,941.80

0.99%
83,984.94
A2 / A
A+

1.44 1.33
As of December 31, 2021
33 151
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
166764AH3 Chevron Corp Callable Note Cont 3/24/2023

3.191% Due 06/24/2023
1,000,000.00 11/08/2018

3.59%
983,170.00
994,613.20
102.97

0.76%
1,029,695.00
620.47

0.44%
35,081.80
Aa2 / AA-
NR

1.48 1.21
931142EK5 Wal-Mart Stores Callable Note Cont 5/26/2023

3.400% Due 06/26/2023
1,380,000.00 Various

3.41%
1,379,641.30
1,379,893.66
104.03

0.51%
1,435,663.68
651.66

0.62%
55,770.02
Aa2 / AA
AA

1.48 1.38
02665WCJ8 American Honda Finance Note

3.450% Due 07/14/2023
1,000,000.00 Various

3.54%
996,275.00
998,766.51
104.09

0.76%
1,040,940.00
16,004.17

0.45%
42,173.49
A3 / A-
NR

1.53 1.48
06406RAJ6 Bank of NY Mellon Corp Note

3.450% Due 08/11/2023
1,200,000.00 08/24/2018

3.42%
1,201,836.00
1,200,595.76
104.20

0.82%
1,250,414.40
16,100.00

0.54%
49,818.64
A1 / A
AA-

1.61 1.56
06051GHF9 Bank of America Corp Callable Note 1X 3/5/2023

3.550% Due 03/05/2024
2,400,000.00 Various

2.77%
2,434,650.00
2,415,328.52
102.98

1.00%
2,471,510.40
27,453.33

1.07%
56,181.88
A2 / A-
AA-

2.18 1.15
89114QCB2 Toronto Dominion Bank Note

3.250% Due 03/11/2024
2,300,000.00 03/26/2019

2.95%
2,331,234.00
2,313,805.08
104.52

1.16%
2,403,909.40
22,840.28

1.04%
90,104.32
A1 / A
AA-

2.19 2.11
037833CU2 Apple Inc Callable Note Cont 3/11/2024

2.850% Due 05/11/2024
3,000,000.00 Various

2.56%
3,038,334.00
3,018,120.93
104.17

0.92%
3,125,130.00
11,875.00

1.35%
107,009.07
Aaa / AA+
NR

2.36 2.13
023135BW5 Amazon.com Inc Note

0.450% Due 05/12/2024
1,865,000.00 05/10/2021

0.50%
1,862,277.10
1,862,858.45

99.04 0.86%
1,847,062.43
1,142.31

0.79%
(15,796.02)
A1 / AA
AA-

2.36 2.34
24422ETT6 John Deere Capital Corp Note

2.650% Due 06/24/2024
2,000,000.00 Various

1.32%
2,093,680.00
2,064,080.69
103.83

1.08%
2,076,644.00
1,030.56

0.89%
12,563.31
A2 / A
A

2.48 2.40
02665WCZ2 American Honda Finance Note

2.400% Due 06/27/2024
1,500,000.00 07/10/2019

2.49%
1,493,742.00
1,496,864.09
103.02

1.16%
1,545,321.00
400.00

0.66%
48,456.91
A3 / A-
NR

2.49 2.42
79466LAG9 Salesforce.com Inc Callable Note Cont 7/15/2022

0.625% Due 07/15/2024
465,000.00 06/29/2021

0.64%
464,762.85
464,800.18

99.09 0.99%
460,764.32
1,364.32

0.20%
(4,035.86)
A2 / A+
NR

2.54 2.50
78013XZU5 Royal Bank of Canada Note

2.550% Due 07/16/2024
2,500,000.00 09/10/2019

2.28%
2,531,325.00
2,516,415.08
103.34

1.21%
2,583,387.50
29,218.75

1.12%
66,972.42
A2 / A
AA-

2.54 2.44
46647PAU0 JP Morgan Chase & Co Callable Note 1X 7/23/2023

3.797% Due 07/23/2024
2,500,000.00 09/12/2019

2.11%
2,632,175.00
2,569,667.86
104.23

1.06%
2,605,685.00
41,661.53

1.14%
36,017.14
A2 / A-
AA-

2.56 1.50
90331HPL1 US Bank NA Callable Note Cont 12/21/2024

2.050% Due 01/21/2025
2,610,000.00 01/16/2020

2.10%
2,604,440.70
2,606,604.17
102.31

1.25%
2,670,340.59
23,780.00

1.16%
63,736.42
A1 / AA-
AA-

3.06 2.86
00440EAS6 Chubb INA Holdings Inc Note

3.150% Due 03/15/2025
2,500,000.00 Various

0.76%
2,753,600.00
2,687,839.92
105.57

1.37%
2,639,290.00
23,187.50

1.14%
(48,549.92)
A3 / A
A

3.21 3.03
61747YEA9 Morgan Stanley Callable Note Cont 5/30/2024

0.790% Due 05/30/2025
3,040,000.00 05/26/2021

0.73%
3,041,611.70
3,041,375.31

98.71 1.12%
3,000,844.80
2,068.05

1.29%
(40,530.51)
A1 / BBB+
A

3.41 3.36
438516CB0 Honeywell Intl Callable Note Cont 5/1/2025

1.350% Due 06/01/2025
2,500,000.00 06/23/2020

0.85%
2,559,500.00
2,540,853.75
100.44

1.21%
2,511,060.00
2,812.50

1.08%
(29,793.75)
A2 / A
A

3.42 3.25
78015K7H1 Royal Bank of Canada Note

1.150% Due 06/10/2025
1,000,000.00 02/22/2021

0.86%
1,012,240.00
1,009,810.75

99.18 1.39%
991,795.00
670.83

0.43%
(18,015.75)
A2 / A
AA-

3.44 3.36
As of December 31, 2021
34 152
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
02665WDL2 American Honda Finance Note

1.200% Due 07/08/2025
1,000,000.00 08/10/2021

1.00%
1,007,640.00
1,006,879.21

99.65 1.30%
996,531.00
5,766.67

0.43%
(10,348.21)
A3 / A-
NR

3.52 3.41
89114QCK2 Toronto Dominion Bank Note

0.750% Due 09/11/2025
1,000,000.00 02/16/2021

0.81%
997,230.00
997,757.06

97.37 1.48%
973,703.00
2,291.67

0.42%
(24,054.06)
A1 / A
AA-

3.70 3.61
06051GHY8 Bank of America Corp Callable Note Cont 2/13/2025

2.015% Due 02/13/2026
1,250,000.00 03/04/2021

1.09%
1,291,725.00
1,284,805.55
101.33

1.40%
1,266,591.25
9,655.21

0.55%
(18,214.30)
A2 / A-
AA-

4.12 3.92
46647PBH8 JP Morgan Chase & Co Callable Note Mthly 3/13/2025

2.005% Due 03/13/2026
1,000,000.00 04/29/2021

1.20%
1,030,270.00
1,025,000.06
101.22

1.61%
1,012,204.00
6,015.00

0.44%
(12,796.06)
A2 / A-
AA-

4.20 3.08
808513BR5 Charles Schwab Corp Callable Note Cont 4/13/2026

1.150% Due 05/13/2026
1,370,000.00 05/11/2021

1.20%
1,366,821.60
1,367,227.17

98.71 1.46%
1,352,290.01
2,100.67

0.58%
(14,937.16)
A2 / A
A

4.37 4.23
91324PEC2 United Health Group Inc Callable Note Cont 4/15/2026

1.150% Due 05/15/2026
605,000.00 Various

1.08%
606,957.25
606,736.76

98.97 1.39%
598,789.68
889.02

0.26%
(7,947.08)
A3 / A+
A

4.37 4.24
89236TJK2 Toyota Motor Credit Corp Note

1.125% Due 06/18/2026
2,485,000.00 06/15/2021

1.13%
2,483,906.60
2,484,024.56

98.54 1.46%
2,448,674.27
1,009.53

1.05%
(35,350.29)
A1 / A+
A+

4.47 4.33
58989V2D5 Met Tower Global Funding Note

1.250% Due 09/14/2026
1,285,000.00 09/07/2021

1.27%
1,283,817.80
1,283,888.37

97.89 1.72%
1,257,923.77
4,774.13

0.54%
(25,964.60)
Aa3 / AA-
AA-

4.71 4.52
06368FAC3 Bank of Montreal Note

1.250% Due 09/15/2026
2,500,000.00 Various

1.29%
2,495,539.50
2,495,803.32

97.92 1.71%
2,448,000.00
9,201.39

1.05%
(47,803.32)
A2 / A-
AA-

4.71 4.53
931142ER0 Wal-Mart Stores Callable Note Cont 08/17/2026

1.050% Due 09/17/2026
585,000.00 09/08/2021

1.09%
583,894.35
583,958.53

98.94 1.28%
578,776.77
1,774.50

0.25%
(5,181.76)
Aa2 / AA
AA

4.72 4.56
TOTAL Corporate 55,155,000.00 1.93%
55,781,725.10
55,606,179.37 1.13%
56,130,717.49
313,456.23

24.22%
524,538.12
A1 / A
A+

2.81 2.58
Money Market Fund
31846V203 First American Govt Obligation Fund Class Y 287,150.19 Various

0.01%
287,150.19
287,150.19

1.00 0.01%
287,150.19

0.00 0.12%

0.00 Aaa / AAA
AAA

0.00 0.00
TOTAL Money Market Fund 287,150.19 0.01%
287,150.19
287,150.19 0.01%
287,150.19

0.00 0.12%

0.00 Aaa / AAA
Aaa

0.00 0.00
Negotiable CD
06417MQL2 Bank of Nova Scotia Houston Yankee CD

0.200% Due 06/23/2022
2,500,000.00 06/29/2021

0.20%
2,499,999.81
2,499,999.91

99.95 0.31%
2,498,692.50
2,666.67

1.07%
(1,307.41)
P-1 / A-1
F-1+

0.48 0.48
As of December 31, 2021
35 153
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
86959RTW0 Svenska Handelsbanken NY Yankee CD

0.255% Due 10/14/2022
2,500,000.00 10/15/2021

0.25%
2,500,126.08
2,500,099.06

99.91 0.36%
2,497,867.50
1,381.25

1.07%
(2,231.56)
P-1 / A-1+
F-1+

0.79 0.78
TOTAL Negotiable CD 5,000,000.00 0.23%
5,000,125.89
5,000,098.97 0.34%
4,996,560.00
4,047.92

2.15%
(3,538.97)
Aaa / AA+
Aaa

0.63 0.63
Supranational
459058FY4 Intl. Bank Recon & Development Note

2.000% Due 01/26/2022
2,000,000.00 10/26/2017

2.12%
1,990,320.00
1,999,843.77
100.10

0.54%
2,002,020.00
17,222.22

0.87%
2,176.23
Aaa / NR
AAA

0.07 0.07
4581X0CZ9 Inter-American Dev Bank Note

1.750% Due 09/14/2022
2,500,000.00 11/28/2017

2.18%
2,451,675.00
2,492,926.70
100.95

0.40%
2,523,655.00
13,003.47

1.09%
30,728.30
Aaa / AAA
AAA

0.70 0.70
4581X0DZ8 Inter-American Dev Bank Note

0.500% Due 09/23/2024
3,680,000.00 09/15/2021

0.52%
3,677,276.80
3,677,525.27

98.68 0.99%
3,631,240.00
5,008.89

1.56%
(46,285.27)
Aaa / AAA
NR

2.73 2.70
459058JB0 Intl. Bank Recon & Development Note

0.625% Due 04/22/2025
2,260,000.00 04/15/2020

0.70%
2,251,253.80
2,254,218.69

98.37 1.13%
2,223,184.60
2,707.29

0.96%
(31,034.09)
Aaa / AAA
NR

3.31 3.26
4581X0DN5 Inter-American Dev Bank Note

0.625% Due 07/15/2025
1,685,000.00 01/13/2021

0.53%
1,692,329.75
1,690,762.92

98.16 1.16%
1,653,970.73
4,856.08

0.71%
(36,792.19)
Aaa / AAA
NR

3.54 3.47
459058JL8 Intl. Bank Recon & Development Note

0.500% Due 10/28/2025
6,000,000.00 Various

0.55%
5,986,632.00
5,989,226.93

97.46 1.18%
5,847,714.00
5,250.00

2.51%
(141,512.93)
Aaa / AAA
AAA

3.83 3.77
4581X0DV7 Inter-American Dev Bank Note

0.875% Due 04/20/2026
4,615,000.00 04/13/2021

0.97%
4,593,863.30
4,596,826.61

98.44 1.25%
4,542,789.10
7,964.08

1.95%
(54,037.51)
Aaa / AAA
AAA

4.30 4.20
TOTAL Supranational 22,740,000.00 0.96%
22,643,350.65
22,701,330.89 1.01%
22,424,573.43
56,012.03

9.65%
(276,757.46)
Aaa / AAA
Aaa

2.98 2.93
US Treasury
912828XW5 US Treasury Note

1.750% Due 06/30/2022
3,000,000.00 07/25/2017

1.86%
2,984,072.55
2,998,407.26
100.76

0.23%
3,022,734.00
145.03

1.30%
24,326.74
Aaa / AA+
AAA

0.50 0.50
912828L24 US Treasury Note

1.875% Due 08/31/2022
2,000,000.00 09/27/2017

1.92%
1,995,944.20
1,999,454.11
101.05

0.29%
2,020,938.00
12,741.71

0.87%
21,483.89
Aaa / AA+
AAA

0.67 0.66
912828L57 US Treasury Note

1.750% Due 09/30/2022
3,750,000.00 Various

2.02%
3,702,841.80
3,742,827.56
101.07

0.32%
3,789,990.00
16,766.83

1.63%
47,162.44
Aaa / AA+
AAA

0.75 0.74
912828M49 US Treasury Note

1.875% Due 10/31/2022
1,000,000.00 01/30/2018

2.47%
973,359.38
995,344.81
101.25

0.37%
1,012,461.00
3,211.33

0.44%
17,116.19
Aaa / AA+
AAA

0.83 0.83
9128284D9 US Treasury Note

2.500% Due 03/31/2023
3,750,000.00 Various

2.75%
3,706,123.05
3,738,952.70
102.47

0.51%
3,842,580.00
23,952.61

1.66%
103,627.30
Aaa / AA+
AAA

1.25 1.23
912828R69 US Treasury Note

1.625% Due 05/31/2023
1,500,000.00 05/30/2018

2.67%
1,427,167.97
1,479,458.66
101.51

0.55%
1,522,675.50
2,142.86

0.65%
43,216.84
Aaa / AA+
AAA

1.41 1.40
As of December 31, 2021
36 154
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
912828U57 US Treasury Note

2.125% Due 11/30/2023
5,000,000.00 Various

2.53%
4,908,242.19
4,963,782.12
102.70

0.71%
5,134,765.00
9,340.66

2.21%
170,982.88
Aaa / AA+
AAA

1.92 1.88
912828V80 US Treasury Note

2.250% Due 01/31/2024
5,000,000.00 Various

2.32%
4,983,691.41
4,992,951.70
103.09

0.75%
5,154,295.00
47,078.80

2.23%
161,343.30
Aaa / AA+
AAA

2.08 2.02
912828WJ5 US Treasury Note

2.500% Due 05/15/2024
1,750,000.00 06/10/2019

1.91%
1,798,261.72
1,773,192.44
103.90

0.84%
1,818,290.25
5,680.25

0.78%
45,097.81
Aaa / AA+
AAA

2.37 2.30
9128282N9 US Treasury Note

2.125% Due 07/31/2024
2,000,000.00 08/30/2019

1.44%
2,064,531.25
2,033,827.73
103.20

0.87%
2,063,984.00
17,785.33

0.89%
30,156.27
Aaa / AA+
AAA

2.58 2.50
912828YH7 US Treasury Note

1.500% Due 09/30/2024
3,500,000.00 Various

1.65%
3,474,941.41
3,485,805.18
101.60

0.91%
3,556,056.00
13,413.47

1.53%
70,250.82
Aaa / AA+
AAA

2.75 2.68
9128283J7 US Treasury Note

2.125% Due 11/30/2024
3,000,000.00 Various

1.76%
3,051,650.40
3,030,341.63
103.36

0.95%
3,100,899.00
5,604.40

1.33%
70,557.37
Aaa / AA+
AAA

2.92 2.83
912828ZC7 US Treasury Note

1.125% Due 02/28/2025
3,500,000.00 03/24/2020

0.52%
3,603,222.66
3,566,140.45
100.38

1.00%
3,513,398.00
13,378.80

1.51%
(52,742.45)
Aaa / AA+
AAA

3.16 3.09
912828ZL7 US Treasury Note

0.375% Due 04/30/2025
4,000,000.00 Various

0.38%
3,998,593.75
3,999,040.10

97.81 1.04%
3,912,500.00
2,569.06

1.68%
(86,540.10)
Aaa / AA+
AAA

3.33 3.29
91282CAM3 US Treasury Note

0.250% Due 09/30/2025
2,500,000.00 10/16/2020

0.32%
2,491,406.25
2,493,494.05

96.88 1.10%
2,421,875.00
1,596.84

1.04%
(71,619.05)
Aaa / AA+
AAA

3.75 3.71
91282CBC4 US Treasury Note

0.375% Due 12/31/2025
1,000,000.00 12/29/2020

0.38%
999,921.88
999,937.54

96.97 1.15%
969,727.00

10.36 0.42%
(30,210.54)
Aaa / AA+
AAA

4.00 3.95
91282CBH3 US Treasury Note

0.375% Due 01/31/2026
4,000,000.00 02/23/2021

0.58%
3,960,625.00
3,967,420.57

96.79 1.18%
3,871,564.00
6,277.17

1.66%
(95,856.57)
Aaa / AA+
AAA

4.09 4.03
91282CBQ3 US Treasury Note

0.500% Due 02/28/2026
2,500,000.00 03/26/2021

0.83%
2,459,960.94
2,466,155.07

97.21 1.19%
2,430,175.00
4,247.24

1.04%
(35,980.07)
Aaa / AA+
AAA

4.16 4.09
91282CBT7 US Treasury Note

0.750% Due 03/31/2026
5,000,000.00 Various

0.85%
4,974,804.69
4,978,541.17

98.15 1.20%
4,907,615.00
9,581.05

2.11%
(70,926.17)
Aaa / AA+
AAA

4.25 4.15
91282CCF6 US Treasury Note

0.750% Due 05/31/2026
2,000,000.00 06/18/2021

0.91%
1,985,000.00
1,986,612.19

98.00 1.22%
1,960,000.00
1,318.68

0.84%
(26,612.19)
Aaa / AA+
AAA

4.42 4.32
91282CCW9 US Treasury Note

0.750% Due 08/31/2026
2,000,000.00 08/30/2021

0.77%
1,998,515.63
1,998,615.62

97.82 1.23%
1,956,406.00
5,096.69

0.84%
(42,209.62)
Aaa / AA+
AAA

4.67 4.55
91282CDG3 US Treasury Note

1.125% Due 10/31/2026
5,000,000.00 Various

1.25%
4,970,498.06
4,970,898.16

99.40 1.25%
4,969,920.00
9,633.97

2.14%
(978.16)
Aaa / AA+
AAA

4.84 4.68
TOTAL US Treasury 66,750,000.00 1.47%
66,513,376.19
66,661,200.82 0.87%
66,952,847.75
211,573.14

28.82%
291,646.93
Aaa / AA+
Aaa

2.81 2.75
TOTAL PORTFOLIO 230,300,711.57 1.49%
231,374,684.84
231,045,377.04 0.91%
232,176,962.32
885,827.55
100.00%
1,131,585.28
Aa1 / AA
Aaa

2.67 2.47
TOTAL MARKET VALUE PLUS ACCRUALS 233,062,789.87
As of December 31, 2021
37 155
Holdings Report
City of Dublin Reporting Account - Account #10219
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
LAIF
90LAIF$00 Local Agency Investment Fund State Pool 50,395,432.88 Various

0.22%
50,395,432.88
50,395,432.88

1.00 0.22%
50,395,432.88
26,612.95

33.74%

0.00 NR / NR
NR

0.00 0.00
TOTAL LAIF 50,395,432.88 0.22%
50,395,432.88
50,395,432.88 0.22%
50,395,432.88
26,612.95

33.74%

0.00 NR / NR
NR

0.00 0.00
Local Gov Investment Pool
90CAMP$00 California Asset Mgmt Program CAMP 99,038,041.80 Various

0.05%
99,038,041.80
99,038,041.80

1.00 0.05%
99,038,041.80

0.00 66.26%

0.00 NR / AAA
NR

0.00 0.00
TOTAL Local Gov Investment Pool 99,038,041.80 0.05%
99,038,041.80
99,038,041.80 0.05%
99,038,041.80

0.00 66.26%

0.00 NR / AAA
NR

0.00 0.00
TOTAL PORTFOLIO 149,433,474.68 0.11%
149,433,474.68
149,433,474.68 0.11%
149,433,474.68
26,612.95
100.00%

0.00 NR / AAA
NR

0.00 0.00
TOTAL MARKET VALUE PLUS ACCRUALS 149,460,087.63
As of December 31, 2021
38 156
SECTION |
Section 5 |
Transactions
39 157
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 10/15/2021 86959RTW0 2,500,000.00 Svenska Handelsbanken NY Yankee CD

0.255% Due: 10/14/2022
100.005 0.25% 2,500,126.08 0.00 2,500,126.08 0.00
Purchase 10/21/2021 362554AC1 585,000.00 GM Financial Securitized Term 2021-4 A3

0.68% Due: 09/16/2026

99.997 0.68% 584,985.08 0.00 584,985.08 0.00
Purchase 11/17/2021 44935FAD6 545,000.00 Hyundai Auto Receivables Trust 2021-C A3

0.74% Due: 05/15/2026

99.978 0.75% 544,878.36 0.00 544,878.36 0.00
Purchase 11/17/2021 91282CDG3 2,000,000.00 US Treasury Note

1.125% Due: 10/31/2026

99.316 1.27% 1,986,328.13 1,056.63 1,987,384.76 0.00
Purchase 11/24/2021
43815GAC3 765,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due: 01/21/2026

99.979 0.89% 764,838.74 0.00 764,838.74 0.00
Purchase 12/22/2021 91282CDG3 1,750,000.00 US Treasury Note

1.125% Due: 10/31/2026

99.520 1.23% 1,741,591.80 2,828.04 1,744,419.84 0.00
Purchase 12/29/2021
91282CDG3 1,250,000.00 US Treasury Note

1.125% Due: 10/31/2026

99.406 1.25% 1,242,578.13 2,291.95 1,244,870.08 0.00
Subtotal 9,395,000.00 9,365,326.32 6,176.62 9,371,502.94 0.00 TOTAL ACQUISITIONS 9,395,000.00 9,365,326.32 6,176.62 9,371,502.94 0.00

DISPOSITIONS
Sale 10/15/2021
912828J76 3,000,000.00 US Treasury Note

1.75% Due: 03/31/2022
100.773 1.85% 3,023,203.13 2,163.46 3,025,366.59 24,517.76 Sale 11/17/2021 912828WZ9 1,750,000.00 US Treasury Note

1.75% Due: 04/30/2022
100.766 1.84% 1,763,398.44 1,438.19 1,764,836.63 14,038.71 Sale 11/23/2021
912828XR6 250,000.00 US Treasury Note

1.75% Due: 05/31/2022
100.879 1.81% 252,197.27 2,103.83 254,301.10 2,267.03
Sale 12/22/2021
912828XR6 1,250,000.00 US Treasury Note

1.75% Due: 05/31/2022
100.719 1.81% 1,258,984.38 1,322.12 1,260,306.50 9,279.64 Subtotal 6,250,000.00 6,297,783.22 7,027.60 6,304,810.82 50,103.14 September 30, 2021 through December 31, 2021
As of December 31, 2021
40 158
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Call 12/23/2021 91159HHP8 1,000,000.00 US Bancorp Callable Note Cont 12/23/2021

2.625% Due: 01/24/2022
100.000 2.35% 1,000,000.00 10,864.58 1,010,864.58 0.00
Subtotal 1,000,000.00 1,000,000.00 10,864.58 1,010,864.58 0.00 TOTAL DISPOSITIONS 7,250,000.00 7,297,783.22 17,892.18 7,315,675.40 50,103.14 September 30, 2021 through December 31, 2021
As of December 31, 2021
41 159
Transaction Ledger
City of Dublin Reporting Account - Account #10219
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 10/15/2021 90LAIF$00 30,668.44 Local Agency Investment Fund State Pool 1.000 0.21% 30,668.44 0.00 30,668.44 0.00 Purchase 10/31/2021 90CAMP$00 2,462.84 California Asset Mgmt Program CAMP 1.000 0.05% 2,462.84 0.00 2,462.84 0.00 Purchase 11/30/2021 90CAMP$00 2,908.59 California Asset Mgmt Program CAMP 1.000 0.05% 2,908.59 0.00 2,908.59 0.00 Purchase 12/31/2021 90CAMP$00 3,400.69 California Asset Mgmt Program CAMP 1.000 0.05% 3,400.69 0.00 3,400.69 0.00 Subtotal 39,440.56 39,440.56 0.00 39,440.56 0.00
Security
Contribution
10/08/2021 90CAMP$00 5,000,000.00 California Asset Mgmt Program CAMP 1.000 5,000,000.00 0.00 5,000,000.00 0.00 Security
Contribution
10/18/2021
90CAMP$00 24,000,000.00 California Asset Mgmt Program CAMP 1.000 24,000,000.00 0.00 24,000,000.00 0.00 Security
Contribution
11/02/2021
90CAMP$00 1,100,000.00 California Asset Mgmt Program CAMP 1.000 1,100,000.00 0.00 1,100,000.00 0.00 Security
Contribution
11/12/2021
90CAMP$00 5,800,000.00 California Asset Mgmt Program CAMP 1.000 5,800,000.00 0.00 5,800,000.00 0.00 Security
Contribution
11/29/2021
90CAMP$00 1,800,000.00 California Asset Mgmt Program CAMP 1.000 1,800,000.00 0.00 1,800,000.00 0.00 Security
Contribution
12/03/2021
90CAMP$00 2,500,000.00 California Asset Mgmt Program CAMP 1.000 2,500,000.00 0.00 2,500,000.00 0.00 September 30, 2021 through December 31, 2021
As of December 31, 2021
42 160
Transaction Ledger
City of Dublin Reporting Account - Account #10219
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Security
Contribution
12/23/2021
90CAMP$00 28,000,000.00 California Asset Mgmt Program CAMP 1.000 28,000,000.00 0.00 28,000,000.00 0.00 Subtotal 68,200,000.00 68,200,000.00 0.00 68,200,000.00 0.00 TOTAL ACQUISITIONS 68,239,440.56 68,239,440.56 0.00 68,239,440.56 0.00

DISPOSITIONS
Security
Withdrawal
10/22/2021 90CAMP$00 3,200,000.00 California Asset Mgmt Program CAMP 1.000 3,200,000.00 0.00 3,200,000.00 0.00 Security
Withdrawal
11/05/2021
90CAMP$00 2,200,000.00 California Asset Mgmt Program CAMP 1.000 2,200,000.00 0.00 2,200,000.00 0.00 Security
Withdrawal
11/19/2021
90CAMP$00 4,800,000.00 California Asset Mgmt Program CAMP 1.000 4,800,000.00 0.00 4,800,000.00 0.00 Security
Withdrawal
12/10/2021
90CAMP$00 2,100,000.00 California Asset Mgmt Program CAMP 1.000 2,100,000.00 0.00 2,100,000.00 0.00 Subtotal 12,300,000.00 12,300,000.00 0.00 12,300,000.00 0.00 TOTAL DISPOSITIONS 12,300,000.00 12,300,000.00 0.00 12,300,000.00 0.00 September 30, 2021 through December 31, 2021
As of December 31, 2021
43 161
Transaction Ledger
City of Dublin Consolidated - Account #10221
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 10/15/2021 86959RTW0 2,500,000.00 Svenska Handelsbanken NY Yankee CD

0.255% Due: 10/14/2022
100.005 0.25% 2,500,126.08 0.00 2,500,126.08 0.00
Purchase 10/15/2021 90LAIF$00 30,668.44 Local Agency Investment Fund State Pool 1.000 0.21% 30,668.44 0.00 30,668.44 0.00 Purchase 10/21/2021 362554AC1 585,000.00 GM Financial Securitized Term 2021-4 A3

0.68% Due: 09/16/2026

99.997 0.68% 584,985.08 0.00 584,985.08 0.00
Purchase 10/31/2021 90CAMP$00 2,462.84 California Asset Mgmt Program CAMP 1.000 0.05% 2,462.84 0.00 2,462.84 0.00 Purchase 11/17/2021 44935FAD6 545,000.00 Hyundai Auto Receivables Trust 2021-C A3

0.74% Due: 05/15/2026

99.978 0.75% 544,878.36 0.00 544,878.36 0.00
Purchase 11/17/2021 91282CDG3 2,000,000.00 US Treasury Note

1.125% Due: 10/31/2026

99.316 1.27% 1,986,328.13 1,056.63 1,987,384.76 0.00
Purchase 11/24/2021
43815GAC3 765,000.00 Honda Auto Receivables Trust 2021-4 A3

0.88% Due: 01/21/2026

99.979 0.89% 764,838.74 0.00 764,838.74 0.00
Purchase 11/30/2021 90CAMP$00 2,908.59 California Asset Mgmt Program CAMP 1.000 0.05% 2,908.59 0.00 2,908.59 0.00 Purchase 12/22/2021 91282CDG3 1,750,000.00 US Treasury Note

1.125% Due: 10/31/2026

99.520 1.23% 1,741,591.80 2,828.04 1,744,419.84 0.00
Purchase 12/29/2021
91282CDG3 1,250,000.00 US Treasury Note

1.125% Due: 10/31/2026

99.406 1.25% 1,242,578.13 2,291.95 1,244,870.08 0.00
Purchase 12/31/2021
90CAMP$00 3,400.69 California Asset Mgmt Program CAMP 1.000 0.05% 3,400.69 0.00 3,400.69 0.00 Subtotal 9,434,440.56 9,404,766.88 6,176.62 9,410,943.50 0.00 Security
Contribution
10/08/2021
90CAMP$00 5,000,000.00 California Asset Mgmt Program CAMP 1.000 5,000,000.00 0.00 5,000,000.00 0.00 Security
Contribution
10/18/2021
90CAMP$00 24,000,000.00 California Asset Mgmt Program CAMP 1.000 24,000,000.00 0.00 24,000,000.00 0.00 Security
Contribution
11/02/2021
90CAMP$00 1,100,000.00 California Asset Mgmt Program CAMP 1.000 1,100,000.00 0.00 1,100,000.00 0.00 Security
Contribution
11/12/2021
90CAMP$00 5,800,000.00 California Asset Mgmt Program CAMP 1.000 5,800,000.00 0.00 5,800,000.00 0.00 September 30, 2021 through December 31, 2021
As of December 31, 2021
44 162
Transaction Ledger
City of Dublin Consolidated - Account #10221
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Security
Contribution
11/29/2021
90CAMP$00 1,800,000.00 California Asset Mgmt Program CAMP 1.000 1,800,000.00 0.00 1,800,000.00 0.00 Security
Contribution
12/03/2021
90CAMP$00 2,500,000.00 California Asset Mgmt Program CAMP 1.000 2,500,000.00 0.00 2,500,000.00 0.00 Security
Contribution
12/23/2021
90CAMP$00 28,000,000.00 California Asset Mgmt Program CAMP 1.000 28,000,000.00 0.00 28,000,000.00 0.00 Subtotal 68,200,000.00 68,200,000.00 0.00 68,200,000.00 0.00 TOTAL ACQUISITIONS 77,634,440.56 77,604,766.88 6,176.62 77,610,943.50 0.00

DISPOSITIONS
Sale 10/15/2021 912828J76 3,000,000.00 US Treasury Note

1.75% Due: 03/31/2022
100.773 1.85% 3,023,203.13 2,163.46 3,025,366.59 24,517.76 Sale 11/17/2021 912828WZ9 1,750,000.00 US Treasury Note

1.75% Due: 04/30/2022
100.766 1.84% 1,763,398.44 1,438.19 1,764,836.63 14,038.71 Sale 11/23/2021
912828XR6 250,000.00 US Treasury Note

1.75% Due: 05/31/2022
100.879 1.81% 252,197.27 2,103.83 254,301.10 2,267.03
Sale 12/22/2021
912828XR6 1,250,000.00 US Treasury Note

1.75% Due: 05/31/2022
100.719 1.81% 1,258,984.38 1,322.12 1,260,306.50 9,279.64 Subtotal 6,250,000.00 6,297,783.22 7,027.60 6,304,810.82 50,103.14 Call 12/23/2021
91159HHP8 1,000,000.00 US Bancorp Callable Note Cont 12/23/2021

2.625% Due: 01/24/2022
100.000 2.35% 1,000,000.00 10,864.58 1,010,864.58 0.00
Subtotal 1,000,000.00 1,000,000.00 10,864.58 1,010,864.58 0.00 Security
Withdrawal
10/22/2021
90CAMP$00 3,200,000.00 California Asset Mgmt Program CAMP 1.000 3,200,000.00 0.00 3,200,000.00 0.00 September 30, 2021 through December 31, 2021
As of December 31, 2021
45 163
Transaction Ledger
City of Dublin Consolidated - Account #10221
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Security
Withdrawal
11/05/2021
90CAMP$00 2,200,000.00 California Asset Mgmt Program CAMP 1.000 2,200,000.00 0.00 2,200,000.00 0.00 Security
Withdrawal
11/19/2021
90CAMP$00 4,800,000.00 California Asset Mgmt Program CAMP 1.000 4,800,000.00 0.00 4,800,000.00 0.00 Security
Withdrawal
12/10/2021
90CAMP$00 2,100,000.00 California Asset Mgmt Program CAMP 1.000 2,100,000.00 0.00 2,100,000.00 0.00 Subtotal 12,300,000.00 12,300,000.00 0.00 12,300,000.00 0.00 TOTAL DISPOSITIONS 19,550,000.00 19,597,783.22 17,892.18 19,615,675.40 50,103.14 September 30, 2021 through December 31, 2021
As of December 31, 2021
46 164
Important Disclosures
2022 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential . Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ice Data Indices, LLC ("ICE"), used with permission. ICE permits use of the ICE indices and related data on an "as is" basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an "as is" basis and licensee's use it at licensee's own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This report i s provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively.

As of December 31, 2021
47 165
Benchmark Disclosures
ICE BofA 1-5 Yr US Treasury & Agency Index*
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

The ICE BofA 1-3 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.

As of December 31, 2021
48 166
Holdings Report
As of December 31, 2021
City of Dublin Consolidated
Account #10221
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody/S&P
Fitch
Maturity
Duration

US TREASURY
9128283J7 US Treasury Note

2.125% Due 11/30/2024
3,000,000.00 Various

1.76%
3,051,650.40
3,030,341.63
103.36

0.95%
3,100,899.00
5,604.40

0.81%
70,557.37
Aaa / AA+
AAA

2.92 2.83
912828ZC7 US Treasury Note

1.125% Due 2/28/2025
3,500,000.00 03/24/2020

0.52%
3,603,222.66
3,566,140.45
100.38

1.00%
3,513,398.00
13,378.80

0.92%
(52,742.45)
Aaa / AA+
AAA

3.16 3.09
912828ZL7 US Treasury Note

0.375% Due 4/30/2025
4,000,000.00 Various

0.38%
3,998,593.75
3,999,040.10

97.81 1.04%
3,912,500.00
2,569.06

1.02%
(86,540.10)
Aaa / AA+
AAA

3.33 3.29
91282CAM3 US Treasury Note

0.25% Due 9/30/2025
2,500,000.00 10/16/2020

0.32%
2,491,406.25
2,493,494.05

96.88 1.10%
2,421,875.00
1,596.84

0.63%
(71,619.05)
Aaa / AA+
AAA

3.75 3.71
91282CBC4 US Treasury Note

0.375% Due 12/31/2025
1,000,000.00 12/29/2020

0.38%
999,921.88
999,937.54

96.97 1.15%
969,727.00

10.36 0.25%
(30,210.54)
Aaa / AA+
AAA

4.00 3.95
91282CBH3 US Treasury Note

0.375% Due 1/31/2026
4,000,000.00 02/23/2021

0.58%
3,960,625.00
3,967,420.57

96.79 1.18%
3,871,564.00
6,277.17

1.01%
(95,856.57)
Aaa / AA+
AAA

4.09 4.03
91282CBQ3 US Treasury Note

0.5% Due 2/28/2026
2,500,000.00 03/26/2021

0.83%
2,459,960.94
2,466,155.07

97.21 1.19%
2,430,175.00
4,247.24

0.64%
(35,980.07)
Aaa / AA+
AAA

4.16 4.09
91282CBT7 US Treasury Note

0.75% Due 3/31/2026
5,000,000.00 Various

0.85%
4,974,804.69
4,978,541.17

98.15 1.20%
4,907,615.00
9,581.05

1.29%
(70,926.17)
Aaa / AA+
AAA

4.25 4.15
91282CCF6 US Treasury Note

0.75% Due 5/31/2026
2,000,000.00 06/18/2021

0.91%
1,985,000.00
1,986,612.19

98.00 1.22%
1,960,000.00
1,318.68

0.51%
(26,612.19)
Aaa / AA+
AAA

4.42 4.32
91282CCW9 US Treasury Note

0.75% Due 8/31/2026
2,000,000.00 08/30/2021

0.77%
1,998,515.63
1,998,615.62

97.82 1.23%
1,956,406.00
5,096.69

0.51%
(42,209.62)
Aaa / AA+
AAA

4.67 4.55
91282CDG3 US Treasury Note

1.125% Due 10/31/2026
5,000,000.00 Various

1.25%
4,970,498.06
4,970,898.16

99.40 1.25%
4,969,920.00
9,633.97

1.30%
(978.16)
Aaa / AA+
AAA

4.84 4.68
Total US Treasury 66,750,000.00 1.47%
66,513,376.19
66,661,200.82 0.87%
66,952,847.75
211,573.14

17.56%
291,646.93
Aaa / AA+
AAA

2.81 2.75
TOTAL PORTFOLIO 379,734,186.25 0.94%
380,808,159.52
380,478,851.72 0.60%
381,610,437.00
912,440.50
100.00%
1,131,585.28
Aa1 / AA+
AAA

1.63 1.50
TOTAL MARKET VALUE PLUS ACCRUED 382,522,877.50
Execution Time: 1/24/2022 1:15:30 PMChandler Asset Management - CONFIDENTIAL Page 10 Attachment 2
167
Transaction Ledger
As of December 31, 2021
City of Dublin Consolidated
Account #10221
Transaction
Type
Settlement
Date
CUSIP
Quantity
Security Description
Price
Acq/Disp
Yield
Amount
Interest
Pur/Sold
Total Amount
Gain/Loss

ACQUISITIONS
Purchase
12/01/2021
31846V203
16,875.00
First American Govt Obligation Fund
Class Y

1.000

0.01%
16,875.00

0.00 16,875.00

0.00 Purchase
12/01/2021
31846V203

4.52 First American Govt Obligation Fund
Class Y

1.000

0.01%

4.52 0.00

4.52 0.00
Purchase
12/08/2021
31846V203
123,050.00
First American Govt Obligation Fund
Class Y

1.000

0.01%
123,050.00

0.00 123,050.00

0.00 Purchase
12/09/2021
31846V203
24,375.00
First American Govt Obligation Fund
Class Y

1.000

0.01%
24,375.00

0.00 24,375.00

0.00 Purchase
12/10/2021
31846V203
5,750.00
First American Govt Obligation Fund
Class Y

1.000

0.01%
5,750.00

0.00 5,750.00

0.00 Purchase
12/14/2021
31846V203
54,553.13
First American Govt Obligation Fund
Class Y

1.000

0.01%
54,553.13

0.00 54,553.13

0.00 Purchase
12/15/2021
31846V203
378.33
First American Govt Obligation Fund
Class Y

1.000

0.01%
378.33

0.00 378.33

0.00 Purchase
12/15/2021
31846V203
375.83
First American Govt Obligation Fund
Class Y

1.000

0.01%
375.83

0.00 375.83

0.00 Purchase
12/15/2021
31846V203
313.68
First American Govt Obligation Fund
Class Y

1.000

0.01%
313.68

0.00 313.68

0.00 Purchase
12/15/2021
31846V203
390.50
First American Govt Obligation Fund
Class Y

1.000

0.01%
390.50

0.00 390.50

0.00 Purchase
12/15/2021
31846V203
229.58
First American Govt Obligation Fund
Class Y

1.000

0.01%
229.58

0.00 229.58

0.00 Purchase
12/15/2021
31846V203
653.92
First American Govt Obligation Fund
Class Y

1.000

0.01%
653.92

0.00 653.92

0.00 Purchase
12/15/2021
31846V203
218.88
First American Govt Obligation Fund
Class Y

1.000

0.01%
218.88

0.00 218.88

0.00 Purchase
12/15/2021
31846V203
240.00
First American Govt Obligation Fund
Class Y

1.000

0.01%
240.00

0.00 240.00

0.00 Purchase
12/15/2021
31846V203
418.17
First American Govt Obligation Fund
Class Y

1.000

0.01%
418.17

0.00 418.17

0.00 Purchase
12/15/2021
31846V203
44,592.60
First American Govt Obligation Fund
Class Y

1.000

0.01%
44,592.60

0.00 44,592.60

0.00 Execution Time: 1/24/2022 1:15:30 PM
Chandler Asset Management - CONFIDENTIAL

Page 11 ends

Dublin City CouncilFebruary 15, 2022

Dublin City Council
February 15, 2022