Dublin City Council
June 7, 2022

June 07, 2022 Dublin City Council Regular Meeting Agenda 1 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, June 7, 2022 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 5:00 PM
REGULAR MEETING 5:30 PM
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.

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, June 7, 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 June 07, 2022 Dublin City Council Regular Meeting Agenda 2 CLOSED SESSION 5:00 PM
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9:
1 case.

REGULAR MEETING 5:30 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT OUT OF CLOSED SESSION

3. ORAL COMMUNICATIONS

3.1 Employee Introduction
New City of Dublin Staff member, Jackie Dwyer, Parks and Community Services Director, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff member.

Staff Report

3.2 Youth Advisory Committee Annual Presentation
The City Council will receive a presentation from the Youth Advisory Committee on its activities and accomplishments during the 2021-22 term.

STAFF RECOMMENDATION:

Receive the presentation.

Staff Report
Attachment 1 - 2022 Youth Advisory Committee Annual 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 Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.
2 June 07, 2022 Dublin City Council Regular Meeting Agenda 3

4.1 Approval of the May 17, 2022 Special and Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the May 17, 2022 Special and Regular City Council Meetings.

STAFF RECOMMENDATION:

Approve the minutes of the May 17, 2022 Special and Regular City Council Meetings.

Staff Report
Attachment 1 - May 17, 2022 Special City Council Meeting Minutes Attachment 2 - May 17, 2022 Regular City Council Meeting Minutes

4.2 The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 - Fiscal Year 2022- 23 Project List
The City Council will consider approving a list of projects funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

STAFF RECOMMENDATION:

Adopt the Resolution Adopting a List of Projects Funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

Staff Report
Attachment 1 - Resolution Adopting a List of Projects Funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017 Attachment 2 - Exhibit A to the Resolution - Dublin Boulevard from Scarlett Drive to Hacienda Drive

4.3 Adoption of an Appropriations Limit for Fiscal Year 2022-23 The City Council will consider adoption of the annual Appropriations Limit in accordance with State law. The City of Dublin’s Limit for Fiscal Year 2022-23 is $450,080,278, which exceeds the City’s related appropriations by $363,692,486.

STAFF RECOMMENDATION:

Adopt the Resolution Adopting an Appropriations Limit for Fiscal Year 2022-23.

Staff Report
Attachment 1 - Resolution Adopting an Appropriations Limit for Fiscal Year 2022-23 Attachment 2 - Exhibit A to the Resolution - Calculation of Fiscal Year 2022-23 Appropriations Limit

4.4 Contractor Services Agreements for Parks and Community Services Department Special Events
The City Council will consider approving contractor services agreements with various vendors to provide as-needed services including electrical, lighting, sound, tenting, and staging rental services for events produced by the Parks and Community Services Department.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events; 2) Adopt the Resolution Approving an Agreement with Prime Time Entertainment for Lighting and Sound Services for City-Produced Events; and 3) Adopt the Resolution Approving an Agreement with Special Events Rentals for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events.

Staff Report
3 June 07, 2022 Dublin City Council Regular Meeting Agenda 4 Attachment 1 - Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and HERC Rentals
Attachment 3 - Resolution Approving an Agreement with Prime Time Entertainment for Lighting and Sound Services for City-Produced Events
Attachment 4 - Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and Primetime Entertainment
Attachment 5 - Resolution Approving an Agreement with Special Events Rentals for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events Attachment 6 - Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and Special Events Rentals
Attachment 7 - Requests for Proposals

4.5 2022 Utility Box Art Selection
The City Council will consider a recommendation from the Heritage and Cultural Arts Commission for artwork to be painted on 10 utility boxes in summer 2022.

STAFF RECOMMENDATION:

Approve the Heritage and Cultural Arts Commission’s recommendations for the 2022 Utility Box Art Program.

Staff Report
Attachment 1 - Design Proposals
Attachment 2 - Call for Artists - Utility Box Art 2022

4.6 Budget Adjustment for the Purchase of Two Dual-Purpose Police Motorcycles The City Council will consider a budget adjustment in the Abandoned Vehicle Abatement Fund for the purchase of two all-electric Zero FXP dual-purpose police motorcycles from Elk Grove Power Sports.

STAFF RECOMMENDATION:

Approve the budget change.

Staff Report
Attachment 1 - Budget Change Form

4.7 Inspiration Drive Memory Care Project (PLPA-2020-00044) On May 17, 2022, the City Council held a Public Hearing to consider the Inspiration Drive Memory Care project consisting of a 55-bed memory care facility on Parcel 2 of the Valley Christian Center property. Requested approvals included a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center, a Site Development Review Permit, a Street Vacation, and a Purchase and Sale Agreement for the unused street right-of-way.

The City Council waived the first reading and introduced the Planned Development Ordinances and adopted Resolutions approving the Site Development Review Permit, a Street Vacation, and a Purchase and Sale Agreement. The City Council will hold a second reading of Ordinances approving the Planned Development Rezone for the project and amending Planned Development Ordinance No. 07-03 for the Valley Christian Center. 4 June 07, 2022 Dublin City Council Regular Meeting Agenda 5 STAFF RECOMMENDATION:

Waive the reading and: 1) adopt the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District With a Related Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project; and 2) adopt the Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center.

Staff Report
Attachment 1 - Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District With a Related Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project
Attachment 2 - Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center
Attachment 3 - City Council Staff Report Dated May 17 2022 without Attachments

4.8 Inspiration Drive Assisted Living Project (PLPA-2020-00045) On May 17, 2022, the City Council held a Public Hearing to consider the Inspiration Drive Assisted Living Project consisting of an 84-bed assisted living facility on Parcel 3 of the Valley Christian Center property. Requested approval include a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, a Site Development Review Permit and Tentative Parcel Map No. 11241. The City Council waived the first reading and introduced the Planned Development Ordinance and adopted a Resolution approving the Site Development Review Permit and Tentative Parcel Map. The City Council will hold a second reading of the Ordinance approving the Planned Development Rezone for the project.

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project.

Staff Report
Attachment 1 - Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project
Attachment 2 - City Council Staff Report May 17 2022 without Attachments

4.9 Agreement with the County of Alameda for Fiscal Year 2022-23 Additional Library Services
The City Council will consider approving an agreement with the County of Alameda to provide 23 hours of library services per week at the Dublin Public Library for Fiscal Year 2022-23. These hours are in addition to the County’s base service level of 28 hours per week. There is no change in the number of hours from the Fiscal Year 2021-22 Agreement.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2022-23.

Staff Report
Attachment 1 - Resolution Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2022-23
5 June 07, 2022 Dublin City Council Regular Meeting Agenda 6 Attachment 2 - Exhibit A to the Resolution - Agreement with County of Alameda for Additional Library Services for Fiscal Year 2022-23

4.10 Amendment to the Agreement with the County of Alameda for Traffic Signal Maintenance, Street Lighting Maintenance, and Real Estate Services The City Council will consider amending the agreement with the County of Alameda Public Works for traffic signal maintenance, street lighting maintenance, and real estate services to extend the term through June 30, 2025 and expand the list of maintenance locations.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Amendment to the Agreement Between the City of Dublin and County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services.

Staff Report
Attachment 1 - Resolution Approving an Amendment to the Agreement Between the City of Dublin and County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services
Attachment 2 - Exhibit A to Resolution - Amendment No. 6 to Agreement Between the City of Dublin and County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services
Attachment 3 - 1998 Agreement between Alameda County and the City of Dublin Attachment 4 - Prior Amendments to the 1998 Agreement between Alameda County and the City of Dublin

4.11Agreement with Recyclist Software-as-a-Service for Senate Bill 1383 Recordkeeping The City Council will consider approving an agreement with Recyclist software-as-aservice for recordkeeping related to Senate Bill 1383. The agreement includes the Recyclist Program Tracker and Route Review Fieldwork Tool.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Software-as-a-Service (SAAS) Agreement with Recyclist for Senate Bill 1383 Recordkeeping.

Staff Report
Attachment 1 - Resolution Approving a Software-as-a-Service (SAAS) Agreement with Recyclist for SB 1383 Recordkeeping
Attachment 2 - Exhibit A to the Resolution - Recyclist Software as a Service (SAAS) Agreement
Attachment 3 - Database Tracking Management Options Report

4.12Commercial Façade Improvement Grant Program Agreement for Box World The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Box World. The business has requested participation in the program to assist with improvements to the building’s exterior signage.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World.

Staff Report
6 June 07, 2022 Dublin City Council Regular Meeting Agenda 7 Attachment 1 - Resolution Approving Commercial Facade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World Attachment 2 - Exhibit A to the Resolution - Commercial Facade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World

4.13 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October, the City returned to in- person meetings and at the same time state law changed to require certain findings to be made for an agency to meet remotely.

Under the new law, AB 361, the City can conduct virtual meetings where the Governor has proclaimed a State of Emergency and state or local health officials have imposed or recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees. On January 11, 2022, the City Council adopted a resolution pursuant to AB 361 authorizing remote teleconferenced meetings for a 30 day period ending February 10, 2022. Due to the current increase in cases resulting from the Omicron variants, it would be prudent for the City Council and City Commissions to have the ability to attend meetings virtually for at least the next 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.

STAFF RECOMMENDATION:

Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.

Staff Report
Attachment 1 - Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency

4.14 Notice of Review of Conflict of Interest Code
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amending. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2022, if there is a need to amend the Conflict of Interest Code.

STAFF RECOMMENDATION:

Direct Staff to review the City’s Conflict of Interest Code and take the appropriate action.

Staff Report
Attachment 1 - California Government Code Sections 82011 and 87306.5 Attachment 2 - Dublin Municipal Code Chapter 2.24
7 June 07, 2022 Dublin City Council Regular Meeting Agenda 8

4.15 Agreement with ECS Imaging, Inc. for Imaging and Scanning Services Related to City Records
The City Council will consider an agreement with ECS Imaging, Inc. for imaging and scanning services related to City records.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement with ECS Imaging, Inc. for Scanning and Imaging Services Related to City Records.

Staff Report
Attachment 1 - Resolution Approving the Agreement with ECS Imaging, Inc. for Scanning and Imaging Services Related to City Records
Attachment 2 - Exhibit A to the Resolution - Agreement with ECS Imaging, Inc.

4.16 Agreement with All City Management Services, Inc. for Crossing Guard Services The City Council will consider an agreement with All City Management Services for crossing guard services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year 2022-23.

Staff Report
Attachment 1 - Resolution Approving the Agreement with All City Management Services Inc. for the Provision of Crossing Guard Services for Fiscal Year 2022-23 Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and All City Management Services, Inc.

4.17Agreement with Brightly Software, Inc. for Asset Management Software The City Council will consider approving an agreement with Brightly Software, Inc. (formerly DSI) for continued use of asset management and maintenance management software.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Software User Agreement with Brightly Software, Inc.

Staff Report
Attachment 1 - Resolution Approving a Software User Agreement with Brightly Software, Inc.

Attachment 2 - Exhibit A to the Resolution - Software User Agreement with Brightly Software, Inc.

4.18Agreements for On-Call Audio Visual Technology Engineering and Design Services The City Council will consider approving agreements for on-call audio visual technology engineering and design consultants for the Public Works Department.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Agreements for On-Call Audio Visual Technology Engineering Design Services.

Staff Report
Attachment 1 - Resolution Approving Agreements for On-Call Audio Visual Technology Engineering and Design Services
8 June 07, 2022 Dublin City Council Regular Meeting Agenda 9 Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreements Between the City of Dublin and Guidepost Solutions, LLC and The Shalleck Collaborative Inc. for OnCall Audio Visual Technology Engineering and Design Services Attachment 3 - Request for Qualifications for Audio Visual Technology Engineering and Design Services
Attachment 4 - Statements of Qualifications for Audio Visual Technology Engineering and Design Services

4.19Appointments to the Youth Advisory Committee and Student Representative to the Parks and Community Services Commission
The City Council will consider confirmation of the Mayor's appointments of three middle school and 10 high school youths, along with three alternates, to the Youth Advisory Committee for the term of June 1, 2022, through May 31, 2023. The City Council will also consider confirmation of the Mayor's appointment of Advaith Anoop Krishna as the Student Representative to the Parks and Community Services Commission for the term of July 1, 2022, to June 30, 2023.

STAFF RECOMMENDATION:

Confirm the Mayor’s appointments to the Youth Advisory Committee and the Student Representative to the Parks and Community Services Commission for the 2022-2023 term.

Staff Report
Attachment 1 - Youth Advisory Committee 2022-23 Applications Attachment 2 - Parks and Community Services Commission 2022-23 Student Representative Applications

5. WRITTEN COMMUNICATION – None.

6. PUBLIC HEARING

6.1 Dublin Senior Living Project (PLPA-2021-00042)
The Applicant, South Bay Partners, LLC., proposes to develop a community care facility located at 5751 Arnold Road. The proposed project consists of a two-story, 155,517-squarefoot building with 152 units, including 114 assisted living units, 38 memory care units and a total of 174 beds. Common space amenity areas and associated site, frontage, and landscape improvements are also proposed. Requested approvals include a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan and a Site Development Review Permit. The City Council will consider the Dublin Senior Living project, including an Addendum to the General Plan Amendment and Eastern Dublin Specific Plan Environmental Impact Report.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate and: 1) waive the reading and INTRODUCE the Ordinance Considering the CEQA Addendum, Amending the Zoning Map and Approving a Planned Development Zoning District with a Related Stage 1 and Stage 2 Development Plan for the Dublin Senior Living Project; and 2) adopt the Resolution Approving a Site Development Review Permit for the Dublin Senior Living Project.

Staff Report
9 June 07, 2022 Dublin City Council Regular Meeting Agenda 10 Attachment 1 - Ordinance Considering the CEQA Addendum, Amending the Zoning Map and Approving a Planned Development Zoning District with a Related Stage 1 and Stage 2 Development Plan for the Dublin Senior Living Project.

Attachment 2 - Resolution Approving a Site Development Review Permit for the Dublin Senior Living Project
Attachment 3 - Exhibit A to the Resolution - Dublin Senior Living Project Plans Attachment 4 - Arborist Report
Attachment 5 - CEQA Addendum
Attachment 6 - Errata Memorandum on CEQA Addendum
Attachment 7 - Mitigation Monitoring and Reporting Program Attachment 8 - Resolution No. 22-07 Recommending City Council Approval of the Dublin Senior Living Project
Item 6.1 - PowerPoint Presentation

6.2 Proposed Budget for Fiscal Years 2022-23 and 2023-24 The City Council will consider approval of the Proposed Budget for Fiscal Years 2022-23 and 2023-24 and related salary plans.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the following: 1) Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2022-23; 2) Resolution Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules; 3) Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive Services.

Staff Report
Attachment 1 - City Manager Transmittal Letter
Attachment 2 - Proposed Budget Fiscal Years 2022-23 and 2023-24 Attachment 3 - Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2022-23 Attachment 4 - Resolution Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules
Attachment 5 - Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive Service
Item 6.2 - PowerPoint Presentation

6.3 Adopting the Five-Year Capital Improvement Program 2022-2027 The City Council will conduct a public hearing and consider adopting the Five-Year Capital Improvement Program which contains public capital projects proposed for completion from Fiscal Year 2022-23 through Fiscal Year 2026-27.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the Resolution Adopting the Five-Year Capital Improvement Program 2022-2027.

Staff Report
Attachment 1 - Resolution Adopting the Five-Year Capital Improvement Program 2022- 2027
Attachment 2 - Proposed Five-Year Capital Improvement Program 2022-2027 Attachment 3 - Planning Commission Resolution 22-08 Finding Conformity with the General Plan for the Fiscal Year 2022-23 and Fiscal Year 2023-24 Projects in the City of Dublin Five-Year Capital Improvement Program 2022-2027
Item 6.3 - PowerPoint Presentation
10 June 07, 2022 Dublin City Council Regular Meeting Agenda 11

7. UNFINISHED BUSINESS – None.

8. NEW BUSINESS – None.

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.
11 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

New City of Dublin Staff member, Jackie Dwyer, Parks and Community Services Director, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff member.

FINANCIAL IMPACT:

None.

DESCRIPTION:

New City of Dublin Staff member, Jackie Dwyer, Parks and Community Services Director, will be introduced.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
12 STAFF REPORT

CITY COUNCIL

Agenda Item 3.2
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Youth Advisory Committee Annual Presentation
Prepared by: Liz Elliott, Recreation Supervisor
EXECUTIVE SUMMARY:

The City Council will receive a presentation from the Youth Advisory Committee on its activities and accomplishments during the 2021-22 term.

STAFF RECOMMENDATION:

Receive the presentation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The Youth Advisory Committee (YAC) consists of students appointed to an annual term by the Mayor and confirmed by the City Council. The current term ended May 31, 2022.

The general responsibilities of the YAC, as outlined in the Bylaws and Rules of Procedure, are to:
 Provide input on youth services and programming to the City Council, Parks and Community Services Commission, and City Staff.
 Address issues that affect youth in the community.
 Assist with the promotion and implementation of youth activities.  Generate and present an annual report on the accomplishments of the Committee.

Each year, YAC members present to the City Council a report highlighting the Committee’s accomplishments during the current term. The YAC’s 2021-22 accomplishments include the following:
 Awarded five youth organizations in Dublin with Youth Mini-Grants totaling $2,500 (Dublin High School Chess Club, Gardeners of the Galaxy, Helping Hands for All, Teens 13

Unite for Education, and Youth Coding Workshops).
 Hosted and participated in the Fall Tri-Valley Virtual Roundtable on Wednesday, November 3, 2021, held via Zoom.
 Planned, implemented, and hosted the first Youth Mental Health Forum on Wednesday, November 10, 2021, at the Shannon Community Center.
 Volunteered at the City’s Splatter, Harvest Fair, Ghosts of Dublin, Floating Pumpkin Patch, St. Patrick’s Day Festival, Spring Eggstravaganza, and the Holiday Tree Lighting events.  Volunteered at the Teen Job Fair on Saturday, March 5, 2022, at the Dublin Senior Center.  Collaborated with the Senior Center Advisory Committee to host the Dublin Benefit Concert on April 7, 2022.
 Hosted and participated in the Spring Tri-Valley Youth Committees event on Saturday, April 23, 2022.
 Hosted the first Youth Hackathon & Start-Up Pitch event on Saturday, May 14, 2022, at the Dublin Senior Center.

The Annual Report will be presented by Chair Logan Lin and Vice-Chair Brandon Maskey.

PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted, and a copy of the Staff Report was distributed to the members of the Youth Advisory Committee.

ATTACHMENTS:
1) Youth Advisory Committee Annual Presentation
14 2021-22 Youth Advisory Committee
Annual Report
City Council
Regular Meeting
June 7, 2022
Attachment 1
15 2021-2022
Youth Advisory Committee
Chair, Logan Lin
Vice-Chair, Brandon Maskey
PCS Student Representative, Pratyush Rallapally
Committee Members
Kavin Berry
Mihika Bhatnagar
Aditi Bongu
Saiesha Goel
Advaith Krishna Anoop Krishna
Matthew Mendes
Deepika Puli
Krittika Senthilkumar
Esha Shenoy
Mahidhara Sudeendra
Aarav Surapaneni
Alternate Member, Anika Kolan
16 2021-22 Accomplishments
• Developed Committee Workplan
• Awarded Youth Mini-Grants
• Hosted first Youth Mental Health Forum
• Hosted Tri-Valley Round Table Events
• Volunteered at City Special Events
• Revitalized the Dublin Benefit Concert
• Hosted firstYouth Hackathon and StartUp Pitch Event
17 Youth Mini Grants
Followed establishedYouth Mini-Grant process and
rating criteria
1) Impacted 1,748 Dublin youth
2) Awarded $2,500 to five organizations
a) Dublin High School Chess Club
b) Gardeners of the Galaxy
c) Helping Hands for All
d) Teens Unite for Education
e) Youth Coding Workshops (YCW)
18 Youth Mental Health Forum
• New event
• Approximately 50 participants
• 6 panelists
19 Tri-Valley Round Table Events
• Fall Virtual RoundTableNovember
3, 2021, via Zoom
• Spring RoundTableApril 23, 2022
atTheWave
• 21 participants from local agencies
including Danville, Dublin,
Livermore, Pleasanton, and San
Ramon
20 City Special Events
• Splatter
• Harvest Fair
• Ghosts of Dublin
• Floating Pumpkin Patch
• St. Patrick’s Day Festival
• Teen Job Fair
• Holiday Tree Lighting
• Spring Eggstravaganza
• Members volunteered at multiple City
events
• Members worked at the Information and
Parks & Community Services Booths
• Advertised Youth Advisory Committee
events
• Assisted with set up, crafts, and clean up
21 Dublin Benefit Concert
• Thursday, April 7, 2022 at Emerald Glen
Park Amphitheatre
• Collaborated with the Dublin Senior
Center Advisory Committee
• Moved event to first Farmers’ Market
• Included dancing, comedy and other
acts for a total of 11 performances
• Raised $1,700 from sponsors
• Proceeds benefit the Dublin Fee
Assistance Program
22 Youth Hackathon & Start-Up Pitch Event
• New Event: Saturday, May 14 at
the Dublin Senior Center
• Ages 11-14
• 64 registered participants
• 18 teams
• 13 judges
23 Thank you!
24 STAFF REPORT

CITY COUNCIL

Agenda Item 4.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the May 17, 2022 Special and Regular City Council Meetings.

STAFF RECOMMENDATION:

Approve the minutes of the May 17, 2022 Special and Regular City Council Meetings.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the May 17, 2022 Special and Regular City Council Meetings.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) May 17, 2022 Special City Council Meeting Minutes
2) May 17, 2022 Regular City Council Meeting Minutes
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the May 17, 2022 Special and Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
25 MINUTES OF THE CITY OF DUBLIN

CITY COUNCIL
Special Meeting: May 17, 2022
MINUTES 1

CITY COUNCIL SPECIAL MEETING
MAY 17, 2022
Attachment 1
A Special Meeting of the Dublin City Council was held on Tuesday, May 17, 2022 in the Regional Meeting Room at the Civic Center. The meeting was called to order at 6:00 PM., 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
Matthew Aini provided public comment.

3. STUDY SESSION

3.1 Study Session: Nissan Commercial Car Wash (PLPA-2022-00003) The City Council received a presentation on an application for a proposed commercial selfservice car wash consisting of a 3,574-square-foot building housing a drive-through, automatic car wash tunnel, a parking area with 18 vacuum stations servicing 16 parking spaces plus four additional parking spaces, and related site improvements.

The City Council asked clarifying questions and provided direction regarding processing this application and the design.

4. ADJOURNMENT
The meeting was adjourned by Mayor Hernandez at 6:58 p.m.

Mayor
ATTEST:

City Clerk
26 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: May 17, 2022

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 17, 2022
Attachment 2
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
A Regular Meeting of the Dublin City Council was held on Tuesday, May 17, 2022, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Hernandez. 1) CALL TO ORDER
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) PLEDGE OF ALLEGIANCE
3) ORAL COMMUNICATIONS

3.1) Recognition of 2022 Dublin Pride Week Contest Winners The City Council recognized the winners of the 2022 Dublin Pride Week Photography, Poster, and Essay Contests.

3.2) Elder Abuse Awareness Month Proclamation
The City Council presented the Elder Abuse Awareness Month Proclamation to the Alameda County District Attorney's Office - Elder Protection Unit and Alameda County Adult Protective Services.

3.3) Presentation of the Gun Violence Awareness Day and Month Proclamation The City Council presented the Gun Violence Awareness Day and Month Proclamation to the Moms Demand Action for Gun Sense in America - Livermore Valley Chapter.

3.4) Employee Introduction
27 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 17, 2022
The City Council welcomed new City of Dublin Staff members, Sandra Allen and Baylee Hill, Office Assistant II's with the Dublin Police Department.

3.5) Public Comment
Shawn Costello provided public comment.

Harry, Aarush, Ashton, and Danica provided public comment.

Sawsan Wolski provided public comment.

Vanessa Thomas provided public comment.

Tom Evans provided public comment.
4) CONSENT CALENDAR

4.1) Approved the May 3, 2022 Regular City Council Meeting Minutes.

4.2) Adopted Resolution No. 41-22 titled, “Approving a Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for Recreation Services.”

4.3) Adopted Resolution No. 42-22 titled, “Directing Preparation of Annual Engineer’s Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1,” and Resolution No. 43-22 titled, “Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1.”

4.4) Adopted Resolution No. 44-22 titled, “Approving a Second Amendment to the Agreement with Lanlogic, Inc. for Ongoing Support of the City’s Network and Special Project Work Related to Technological Upgrades.”

4.5) Adopted Resolution No. 45-22, “Approving Amendments to the Consulting Services Agreements with BKF Engineers and Nichols Consulting Engineers, Chtd. for On-Call Civil Engineering and Surveying Services.”

4.6) Adopted Resolution No. 46-22 titled, “Approving the Consulting Services Agreement Between the City of Dublin and Willdan Energy Solutions, Inc. for Building Electrification, Electric Vehicle Charger, and Low Carbon Concrete Code Assistance.”

4.7) Received a report of payments issued from April 1, 2022 - April 30, 2022 totaling $13,403,784.56.
28 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 17, 2022

4.8) Adopted Resolution No. 47-22 titled, “Authorizing Application for, and Receipt of, Local Housing Trust Fund Program Funds.”

4.9) Received the City Treasurer’s Informational Report of Investments for the Quarter Ending March 31, 2022.

4.10) LGBTQ+ Pride Month Proclamation
Item was pulled from the Consent Calendar.

Ingrid Register provided public comment.

Motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by unanimous vote, the City Council proclaimed June 2022 as LGBTQ+ Pride Month in Dublin and approve the flying of the Progress Pride Flag at City Hall during the month of June.

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

4.11) Approved the following proclamations for the month of June in the City of Dublin: Flag Day and National Flag Week, African American Music Appreciation Month, Caribbean American Heritage Month, Great Outdoors Month, Homeownership Month, Juneteenth, and Ocean Month.

4.12) Adopted Resolution No. 48-22 titled, “Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.”

4.13) Approved sending a letter of support to Governor Newsom regarding constitutional protections for women’s reproductive rights.

4.14) Confirmed the Mayor’s recommendation to appoint Christy Li to the Senior Center Advisory Committee for the remainder of a term ending December 2022 and Steve Kau for the remainder of a term ending December 2024.

4.15) Adopted Resolution No. 49-22 titled, “Declaring Its Intention to Transition From an AtLarge Election System to a District-Based Election System.” 29 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 17, 2022

4.16) Confirmed the Mayor’s recommendation to appoint Matthew Aini as an alternate to the Planning Commission for the remainder of a term ending December 2022.

Item was pulled from the Consent Calendar.

Matthew Aini provided public comment.

Motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote, the City Council confirmed the Mayor’s recommendation to appoint Matthew Aini as an alternate to the Planning Commission for the remainder of a term ending December 2022.

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

4.17) Approved a change to the June 7, 2022 Regular City Council Meeting start time from 7:00 p.m. to 5:30 p.m.

Motion by Vice Mayor Josey and seconded by Councilmember Kumagai, and by unanimous vote, the City Council adopted the Consent Calendar items, except items 4.10 and 4.16.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
5) WRITTEN COMMUNICATION - None.
30 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 17, 2022
6) PUBLIC HEARING

6.1) Inspiration Drive Memory Care and Assisted Living Projects (PLPA-2020- 00044 and PLPA-2020-00045)
The City Council received a presentation on two projects, a 55-bed memory care facility and an 84-bed assisted living facility, on Parcels 2 and 3, respectively, of the Valley Christian Center property.

The City Council asked clarifying questions of Staff and the applicant.

Mayor Hernandez called for a recess at 9:12 p.m.

Mayor Hernandez reconvened the meeting at 9:26 p.m.

Mayor Hernandez opened the Public Hearing.

Shawn Costello provided public comment.

Matthew Aini provided public comment.

Roger Valci provided public comment.

Roger Davis provided public comment.

Richard Lietz provided public comment.

Connor Smith provided public comment.

Martha Walker provided public comment.

Joe Brado provided public comment.

Brandon Evans provided public comment.

Gary Bonetti provided public comment.

Eddie Jo Mack provided public comment.

Bill Bai provided public comment.

Robert Downs provided public comment.

Janae Valci provided public comment.

Harry Napier provided public comment.
31 DUBLIN CITY COUNCIL MINUTES

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May 17, 2022
Sally Schell provided public comment.

Larry Lopez provided public comment.

Raman Narayanan provided public comment.

James Johnson provided public comment.

Bill Brunson provided public comment.

Josh Wood provided public comment.

Christine Sevier provided public comment.

Tara Adams provided public comment.

Chris Connolly provided public comment.

Daniel Lee provided public comment.

Bill Adams provided public comment.

Jon Reimer provided public comment.

Enrique Aleman provided public comment.

Kelilah Federman provided public comment.

Mayor Hernandez closed the Public Hearing.

Motion by Vice Mayor Josey, seconded by Councilmember Kumagai, and by unanimous vote the City Council adopted Resolution No. 50-22, titled, “Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects,” Resolution No. 51-22 titled, “Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project,” Resolution No. 52-22 titled, “Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement,” Resolution No. 53-22 titled, “Approving a Purchase and Sale Agreement with Valley Christian Center,” and waived the reading and introduced the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project.

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

REGULAR MEETING
May 17, 2022
Motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by a threeto-two vote the City Council waived the reading and introduced the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project.

RESULT: INTRODUCED [Three to Two Vote]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Kumagai, McCorriston, Hu
NOES: Hernandez, Josey
Motion by Councilmember Kumagai, seconded by Councilmember Hu, and by unanimous vote the City Council waived the reading and introduced the Ordinance Amending Planned Development Ordinance No. 07-03 for the Valley Christian Center.

RESULT: INTRODUCED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Dr. Sherry Hu, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
Motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by a threeto-two vote, the City Council adopted Resolution No. 54-22 titled, “Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project.”
RESULT: ADOPTED [Three to Two Vote]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Kumagai, McCorriston, Hu
NOES: Hernandez, Josey

6.2) Dublin Districts—Public Hearing 2: Program Update and Community Feedback Opportunity
The City Council held the second public hearing required for the transition to district-based elections. Representatives from National Demographics Corporation provided a presentation regarding the map drawing and community outreach process for potential boundaries and district composition.

Mayor Hernandez opened the Public Hearing.

Matthew Aini provided public comment.
33 DUBLIN CITY COUNCIL MINUTES

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May 17, 2022
Mayor Hernandez closed the Public Hearing.
7) UNFINISHED BUSINESS

7.1) Draft 2023 – 2031 Housing Element
The City Council received a presentation regarding the Draft 2023 – 2031 Housing Element.

Mayor Hernandez opened the Public Hearing.

Matthew Aini provided public comment.

Daniel Gregg provided public comment.

Mayor Hernandez closed the Public Hearing.

Motion by Councilmember Kumagai, seconded by Vice Mayor Josey, and by unanimous vote the City Council adopted Resolution No. 55-22 titled, “Directing Staff to Submit the Draft 2023 – 2031 Housing Element to the California Department of Housing and Community Development for Review.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Jean Josey, Vice Mayor
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
8) NEW BUSINESS - None.
9) OTHER BUSINESS
Councilmember Kumagai requested to adjourn the meeting in memory of Quartermaster Senior Chief Michael “Mickey” Ganitch, United States Navy (Retired) and asked that Staff mail a letter to his wife.

By consensus, the City Council directed Staff to prepare a certificate from the City Council for Colonel Johnston on her promotion and departure from Camp Parks. 10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 11:53 p.m. in memory of Quartermaster Senior Chief Michael “Mickey” Ganitch, United States Navy (Retired). 34 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 17, 2022

Mayor
ATTEST:

City Clerk
35 STAFF REPORT

CITY COUNCIL

Agenda Item 4.2
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 - Fiscal Year 2022-23 Project List
Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY:

The City Council will consider approving a list of projects funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

STAFF RECOMMENDATION:

Adopt the Resolution Adopting a List of Projects Funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

FINANCIAL IMPACT:

The City is projected to receive $1,432,614 in funding from the Road Maintenance and Rehabilitation Account for Fiscal Year 2022-23. This is in addition to the state gas tax funds the City receives annually, which is anticipated to be $1,769,467 in Fiscal Year 2022-23. The amount of SB1 funds allocated to the capital improvement program (CIP) projects are based on previous projections. Any unspent or unallocated funds will be rolled over to future years.

DESCRIPTION:

In April 2017, the State Legislature passed, and Governor Brown approved Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Beall, Chapter 5, Statues of 2017), creating the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway and local street and road system. It also established a significant, stable, and ongoing increase in state transportation funding. Funds for the program are deposited into the State Transportation Fund, Road Maintenance and Rehabilitation Account (RMRA).

SB 1 is projected to generate over $5 billion annually for state and local transportation improvements. Cities and counties are slated to receive $1.5 billion for repairs to local streets and 36

roads at full implementation of SB 1. According to analysis by the League of California Cities, SB 1 will double the amount of revenue cities receive from the state for local street maintenance and rehabilitation needs, with allocations to cities based on population.

The RMRA receives funds from the following taxes imposed under SB 1:
• A 12-cent-per-gallon increase to the gasoline excise tax. • A 20-cent-per-gallon increase to the diesel fuel excise tax, half of which will be allocated to Trade Corridors Enhancement Account (TCEA) with the remaining half to the RMRA. • A vehicle registration tax called the “Transportation Improvement Fee,” based on the market value of the vehicle.
• A $100 vehicle registration tax on zero-emission vehicles (ZEV) of model year 2020 and later effective July 1, 2020.
• Annual rate increases to these taxes beginning July 1, 2020 (July 1, 2021 for the ZEV fee), and every July 1 thereafter for the change in the California Consumer Price Index (CPI). The first adjustment was made on July 1, 2020 covering CPI change for two years: November 1, 2017 through November 12, 2019.

RMRA funds are in addition to the traditional state gas tax funds which have been in place for decades and are allocated by the state through the Highway Users Tax Account (HUTA). The rules associated with the use of RMRA funds are similar but not identical to the rules associated with HUTA funds. RMRA funds must be used for projects that include, but are not limited to, the following:
• Road maintenance and rehabilitation
• Safety projects
• Railroad grade separations
• Traffic control devices
• Complete streets components, which include active transportation projects, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with other allowable projects.

Additionally, if a city or county has an average Pavement Condition Index of 80 or more (very good to excellent), then the city or county may spend its RMRA funds on transportation priorities other than those listed above. The City of Dublin currently has a three-year average Pavement Condition Index of 82.
37

Maintenance of Effort
SB 1 requires that RMRA funds not supplant existing general revenues that the City of Dublin is using on streets and roads. This is referred to as the maintenance of effort (MOE) requirement.

The MOE is calculated by the State Controller based upon the City’s average spending for street and road purposes for Fiscal Years 2009-10, 2010-11, and 2011-12. The City of Dublin’s MOE was calculated at $1,229,320. For Fiscal Year’s 2021-22 through 2026-27, the City’s adopted Capital Improvement Program includes annual budgets of $2,200,000 to $2,700,000, which include a minimum of $1,230,000 in funds other than RMRA.

Reporting Requirements
For the City to receive RMRA funds, SB 1 requires the annual submission of a project list to the California Transportation Commission. The project list must be adopted by the City Council by July 1 in the form of a resolution adhering to the reporting guidelines. For Fiscal Year 2022-23, Staff recommends that the City Council approve the project list to include the Annual Street Resurfacing (CIP No. ST0117) and Citywide Signal Communications Upgrade (CIP No. ST0713) projects, each of which are multi-year projects and have been approved by the City Council to use RMRA funds in prior fiscal years.

The following new project is proposed to be funded in part with Fiscal Year 2022-23 RMRA revenue.
 Annual Street Resurfacing (CIP No. ST0117) for Fiscal Year 2022-23 RMRA Funding: $1,123,961
This project provides for a variety of pavement surface treatments and repairs to existing City streets. The project is budgeted annually to help maintain the significant investment the City has in the street system. The project locations vary each year; in Fiscal Year 2022-23, the project will provide for the pavement rehabilitation of Dublin Boulevard between Scarlett Drive and Hacienda Drive. Rehabilitation will include removal and replacement of existing failed pavement, resurfacing with new asphalt concrete, and installation of new pavement striping. The project will also include the installation of new curb ramps or upgrade of existing curb ramps to comply with Americans with Disabilities Act standards. Additional locations may be added if funding permits. This project is also partially funded by the One Bay Area Grant.

Construction will start in summer 2022 and be complete by the end of the calendar year.

Surface treatments and repairs completed with this project will have a useful life of between seven and 20 years.

The following project was previously adopted to use Fiscal Year 2021-22 RMRA revenue and is being proposed to be relisted and funded in part with Fiscal Year 2022-23 RMRA revenue.  Citywide Signal Communications Upgrade (CIP No. ST0713) 38

RMRA Funding: $200,000
This project provides for the continued upgrade of the citywide traffic signal communications system, including expansion of the traffic communication network, which will improve traffic signal operations and safety. In Fiscal Year 2022-23, the project will install communication network improvements along Dublin Boulevard and Tassajara Road. The project includes an additional scope of work to install a three-inch conduit for accommodating a new communication network. These improvements are currently in the design phase and construction is anticipated to start in late 2022 and be complete by mid-2023. The useful life of improvements varies based on the upgrades and the expansion components, which are expected to have a minimum useful life of approximately 10 years.

In addition to the submittal of a project list, SB 1 also requires the City to submit an annual report to the California Transportation Commission updating the status of projects for which RMRA funds were expended. Dublin’s next expenditure report is due on October 1, 2022.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Adopting a List of Projects Funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017
2) Exhibit A to the Resolution – Dublin Boulevard from Scarlett Drive to Hacienda Drive 39 Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
ADOPTING A LIST OF PROJECTS FUNDED IN FISCAL YEAR 2022-23 BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $1,432,614 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and the funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities; and
WHEREAS, the City used the Capital Improvement Program and a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, sidewalks, traffic control devices, and help add active transportation infrastructure throughout the City this year and into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “very good” condition and this revenue will help us increase or maintain the overall quality of our road system and enhance pedestrian and bicycle safety and mobility within the City; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to the lifespan of our local streets and enhance pedestrian and bicycle mobility and safety with co-benefits statewide.
40 Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the following project to be funded in Fiscal Year 2022-23 with Road Maintenance and Rehabilitation Account revenues:

Project Title: Annual Street Resurfacing (CIP No. ST0117) for Fiscal Year 2022-23 Project Description: This project provides for a variety of pavement surface treatments and repairs to existing City streets. The project is budgeted annually to help maintain the significant investment the City has in the street system.

Project Location: This project provides for pavement rehabilitation of Dublin Boulevard between Scarlett Drive and Hacienda Drive. Rehabilitation will include removal and replacement of existing failed pavement, resurfacing with new asphalt concrete, and installation of new pavement striping. The project will also include the installation of new curb ramps or upgrade of existing curb ramps to comply with Americans with Disabilities Act standards. The project location is attached hereto, as Exhibit A.

Estimated Project Schedule: Construction starts 07/2022 – completion 12/2022 Estimated Project Useful Life: Surface treatments and repairs that will be completed as part of this project will have a useful life of between 7 and 20 years.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the following project, which was previously approved to be funded in Fiscal Year 2021-22, to also be funded in Fiscal Year 2022-23 with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Title: Citywide Signal Communications Upgrade (CIP No. ST0713) Project Description: This project provides for the continued upgrade of the citywide traffic signal communications system, including expansion of the traffic communication network, which will improve traffic signal operations and safety. The project includes an additional scope of work to install 3-inch conduit for accommodating a new communication network.

Project Location: The project locations for FY 2022-23 are along Dublin Boulevard and Tassajara Road.

Estimated Project Schedule: Preconstruction started 12/2019 – completion 09/2022, Construction starts 11/2022 – completion 06/2023.

Estimated Project Useful Life: The useful life of improvements varies based on the upgrades needed and the expansion components, which are expected to have a minimum useful life of approximately 10 years.
{Signatures on the following page}
41 Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
42 Dublin Blvd.

Dublin Blvd.

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LOCATIONPROJECT PROJECT LOCATION
Dublin Boulevard Street Rehabilitation
Scarlett Drive to Hacienda Drive
Attachment 2
Exhibit A to the Resolution
43 STAFF REPORT

CITY COUNCIL

Agenda Item 4.3
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Adoption of an Appropriations Limit for Fiscal Year 2022-23 Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:

The City Council will consider adoption of the annual Appropriations Limit in accordance with State law. The City of Dublin’s Limit for Fiscal Year 2022-23 is $450,080,278, which exceeds the City’s related appropriations by $363,692,486.

STAFF RECOMMENDATION:

Adopt the Resolution Adopting an Appropriations Limit for Fiscal Year 2022-23.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Background
Each year the City Council is required by State law to adopt an Appropriations Limit, also known as the Gann Limit or Proposition 4 Limit, in conjunction with the annual budget process. The Limit is calculated by multiplying the adopted Limit for the prior year by factors reflecting economic changes over the prior year.

The laws regulating the application of the Limit forbid an agency from appropriating specific funds that would exceed the Limit. The restriction applies to appropriating monies categorized as “Proceeds of Taxes.” The Limit carries forward each year and is subject to an adjustment in accordance with a specified formula that includes the following factors (the City has the discretion to choose one factor from each category below):

1. Change in the City population or change in Almeda County population.

2. Change in State per capita personal income or change in the “Non-residential New Construction.”
44

Fiscal Year 2022-23 Proposed Appropriations Limit
Staff has prepared the calculations necessary to adopt the Limit for Fiscal Year 2022-23 in accordance with State law and with the Uniform Guidelines of the League of California Cities. The discretionary factors selected in calculating the 2022-23 Limit are: (1) Change in the City population; and (2) Change in State per capita income.

The new Fiscal Year 2022-23 Appropriations Limit as calculated and attached to the Resolution is $450,080,278, based upon an increased adjustment factor of 1.0722 applied to the Fiscal Year 2021-22 Limit. The Proposed Fiscal Year 2022-23 Budget includes appropriations subject to the Limit totaling $86,387,792 that would be categorized as “Proceeds of Taxes”. Therefore, the appropriations subject to the Appropriations Limit are below the allowed amount by $363,692,486.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

A Public Notice was posted on May 23, 2022 stating that the factors used in calculating the Appropriations Limit were available for public review. The notice was also displayed on the City website and the information is contained in the Proposed Budget for Fiscal Year 2022-23 and 2023-24. The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Adopting an Appropriations Limit for Fiscal Year 2022-23 2) Exhibit A to the Resolution – Calculation of Fiscal Year 2022-23 Appropriations Limit 45 Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 RESOLUTION NO. xx-22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 WHEREAS, State law requires that an Appropriations Limit be adopted by the City Council in conjunction with the Annual Budget process; and
WHEREAS, Article XIII B of the California Constitution places certain restrictions on appropriations made by cities; and
WHEREAS, the restrictions are applicable to appropriations, which meet the definition of a "Proceeds of Taxes"; and
WHEREAS, the law allows the option to select the factors to be used in the calculation of the Appropriations Limit; and
WHEREAS, for one of the adjustment factors the City must select between: (A) the change in City population, or (B) Countywide population, and the City has selected the change in City population; and
WHEREAS, for the second adjustment factor the City must select between: (1) the change in the State per capita income, or, (2) the change in the assessed valuation of local non-residential construction, and the City has selected the change in the State per capita income; and WHEREAS, the calculation of the Appropriations Limit for Fiscal Year 2022-23 is described in Exhibit A, attached hereto and by reference made a part hereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Fiscal Year 2022-23 City of Dublin Appropriations Limit as $450,080,278.

BE IT FURTHER RESOLVED that the limit has been calculated in accordance with State Law and is shown in Exhibit A, attached hereto.

PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:
________________________________
Mayor
_____________________________
City Clerk
46 Attachment 2

EXHIBIT A
CALCULATION OF FISCAL YEAR 2022-23 APPROPRIATIONS LIMIT (Based on Fiscal Year 2021-22 Limit)
A. Selection of Optional Factors

1. Change in population – City vs. County.

Factors 1/1/2022 1/1/2021 % Increase
a. City of Dublin 71,706 71,930 -0.31%
b. County of Alameda 1,649,285 1,659,616 -0.62%
The City selected Factor 1a. City of Dublin population change -0.31%

2. Change in State per capita personal income vs. City non-residential building construction.

Factors % Change
a. Change in State per capita personal income 7.55%
b. Change in non-residential assessed valuation 0.01%
The City selected Factor 2a. Change in State per capita personal income 7.55%.

B. Fiscal Year 2022-23 Growth Adjustment Factor
Calculation of factor for Fiscal Year 2022-23 = X*Y = 0.9969*1.0755 = 1.0722 X = Selected Factor #1 + 100 = -0.31+100 = 0.9969
100 100
Y = Selected Factor #2 + 100 = 7.55 +100 = 1.0755
100 100
C. Calculation of Appropriations Limit
Fiscal Year 2021-22 Appropriations Limit $419,772,690
Fiscal Year 2022-23 Adjustment Factor x 1.0722
Fiscal Year 2022-23 Appropriations Limit $450,080,278
47 STAFF REPORT

CITY COUNCIL

Agenda Item 4.4
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Contractor Services Agreements for Parks and Community Services Department Special Events
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:

The City Council will consider approving contractor services agreements with various vendors to provide as-needed services including electrical, lighting, sound, tenting, and staging rental services for events produced by the Parks and Community Services Department.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events; 2) Adopt the Resolution Approving an Agreement with Prime Time Entertainment for Lighting and Sound Services for City-Produced Events; and 3) Adopt the Resolution Approving an Agreement with Special Events Rentals for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events.

FINANCIAL IMPACT:

Funding for the agreements is included in the proposed Fiscal Years 2022-23 and 2023-24 Budget.

The agreement with HERC Rentals has a not-to-exceed amount of $62,995, the agreement with Primetime Entertainment has a not-to-exceed amount of $61,167, and the agreement with Special Events Rentals has a not-to-exceed amount of $124,738. The City will only pay for services rendered.

Additionally, the resolutions approving these agreements authorize the City Manager to increase each agreement by an additional $20,000 for unforeseen circumstances, such as new, unplanned, or modifications to existing events, that require additional equipment.

DESCRIPTION:
48

The City of Dublin routinely rents equipment for outdoor events coordinated by the Parks and Community Services Department. This includes the Summer Concert Series, Splatter, St. Patrick’s Day, and the Holiday Tree Lighting. Additionally, anticipated park and facility dedications in the next two fiscal years include the Cultural Arts Center, Fallon Sports Park Phase III, Don Biddle Community Park, Wallis Ranch Community Park, and others.

Per the City’s purchasing policy, Staff conducted a formal bid process, with a Request for Proposals (RFPs) published on April 5, 2022 and open through April 19, 2022 (Attachment 7). The RFPs were published on the City’s website, with direct emails to known vendors that previously provided services or similar services to other organizations.

One qualified response to the RFP for electrical services was received for Staff to review. A second bid was received but was incomplete as the vendor could not provide all necessary services. The bid from HERC Rentals is within the budget for Fiscal Years 2022-23 and 2023-24. HERC Rentals has provided similar equipment to the City for several years with an excellent customer service track record; therefore, Staff recommends the City Council adopt a resolution approving an agreement with HERC Rentals for the contract period of July 1, 2022 - June 30, 2024 (Attachment 1).

One response to the RFP for lighting and sound services was received for Staff to review. The bid from Primetime Entertainment is within the budget for Fiscal Years 2022-23 and 2023-24.

Primetime Entertainment has provided services for the City in recent years with a demonstrated ability to perform services as expected; therefore, Staff recommends the City Council adopt a resolution approving an agreement with Primetime Entertainment for the contract period of July 1, 2022 - June 30, 2024 (Attachment 3).

Two responses to the RFP for staging, tenting, and other event furniture rentals were received.

The two responding vendors were Special Events and Stuart Rentals. Staff reviewed and evaluated each proposal and determined that both vendors are qualified and capable of performing the requested services, resulting in a recommendation to use the vendor with the lowest cost. The RFP requested pricing for a wide range of items, including tables, stages, tents, etc., which all have varying costs. It was determined that Special Events had the overall lowest bid, resulting in a lower impact on the City’s General Fund over the agreement term.

Special Events has provided similar equipment to the City for several years with an excellent customer service track record. Additionally, Special Events has proven to be flexible in working with Staff to help keep costs within budget while meeting event needs. Staff recommends City Council adopt a resolution approving an agreement with Special Events for the contract period of July 1, 2022 - June 30, 2024 (Attachment 5).

As the compensation not-to-exceed amounts exceed the City Manager’s purchasing authority limit of $45,000, these agreements require City Council approval.

STRATEGIC PLAN INITIATIVE:

None.
49

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events
2) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and HERC Rentals
3) Resolution Approving an Agreement with Primetime Entertainment for Lighting and Sound Services for City-Produced Events
4) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Primetime Entertainment
5) Resolution Approving an Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City Produced Events
6) Exhibit A to the Resolution – Contractor Services Agreement Between the City of Dublin and Special Events Rentals
7) Requests for Proposals
50 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT WITH HERC RENTALS FOR ELECTRICAL EQUIPMENT

RENTAL FOR CITY-PRODUCED EVENTS
WHEREAS, Parks and Community Services Department special events require additional electrical equipment beyond what is owned by the City of Dublin; and WHEREAS, the Parks and Community Services Department sought quotations for electrical equipment rental services; and
WHEREAS, HERC Rentals was identified as the low, qualified bidder, of two companies that submitted bids, has provided similar services for the City of Dublin in the past, and is capable of providing services as specified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Contract Services Agreement between the City of Dublin an HERC Rentals attached hereto as Exhibit A and authorizes the City manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution.

BE IT FURTHER RESOLVED that the City Manager has the authority to increase the compensation not-to-exceed amount for services provided up to $20,000, should the City need to host any unforeseen events or modifications are made to existing events, provided funding is budgeted and available to cover the expense.

PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
51 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

HERC RENTALS
THIS AGREEMENT for electrical equipment rentals is made by and between the City of Dublin (“City”) and Herc Rentals. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.

1.5 [Intentionally Deleted].

1.6 [Intentionally Deleted].

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $62,995 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Attachment 2
52 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 2 of 15
Agreement and Contractor’s proposal, regarding the amount of compensation, the Agreement shall prevail.

City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
 Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

Attachment 2
53 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 3 of 15

2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 [Intentionally Deleted].

2.6 [Intentionally Deleted].

2.7 [Intentionally Deleted].

2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10 [Intentionally Deleted].

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

3.0 List of Available Resources.
 Any public park or facility as defined in Exhibit A

3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; Attachment 2
54 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 4 of 15
members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.

All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.

Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.

Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.

Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.

City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Attachment 2
55 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 5 of 15
Contractor engage a subcontractor or subconsultant as the project’s safety engineer.

Contractor shall bear all costs in connection with meeting the requirements of this section.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.

VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount Attachment 2
56 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 6 of 15
not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:

Attachment 2
57 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 7 of 15
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time Attachment 2
58 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 8 of 15
herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONTRACTOR.

Attachment 2
59 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 9 of 15

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this 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.

6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

Attachment 2
60 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Page 10 of 15

7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the Attachment 2
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City of Dublin and Herc Rentals Page 11 of 15
performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of Attachment 2
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the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation Attachment 2
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for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

HERC Rentals
27500 Riverview Center Blvd
Bonita Springs, FL 34134
Any written notice to City shall be sent to:

City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

Attachment 2
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10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
Attachment 2
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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 HERC RENTALS

Linda Smith, City Manager Jason Oosterbeek, HERC Rentals Inc.

Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070365.1
Attachment 2 Attachment 2
66 Services Agreement between July 1, 2022
City of Dublin and Herc Rentals Exhibit A – Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES
Vendor will provide rental, delivery, set-up, and teardown of electrical equipment. Vendor is expected to have multiple units of each size generator to meet the needs of the community evets. The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2022- 2024:

General requirements and services for all City of Dublin events and festivals:
x Event dates and times are subject to change at sole discretion of City. x Confirm all logistics with City staff one month prior to the event dates. x Assist City staff in identifying all event electrical needs. x This agreement does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment need’s will be confirmed 10 days prior to each event.
x Ensure all equipment meets City and Alameda County Fire Department requirements for placement, fire suppression, etc.
x Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment placement and proper functionality. x Provide an on-site equipment technician on the event date(s).

SCHEDULE OF EVENTS
Event Date General Overview of Services Required
St. Patrick’s Day Celebration
Dublin Civic Center
100 Civic Plaza
March 18-19, 2023
March 16-17, 2024
- Ability to power without
interruption:
o three stages of
entertainment
o 24 hour power to two
beverage bars, ice trailer
and food court for two
days
Splatter
Emerald Glen Park
4201 Central Parkway
September 10, 2022
September 9, 2023
- Ability to power without
interruption:
o three stages of
entertainment
o 24 hour power to one
beverage bar, ice trailer and
food court for one day
Tree Lighting
Dublin Civic Center
100 Civic Plaza
December 1, 2022
November 30, 2023
- Ability to power:
o One stage of
entertainment
o Holiday light displays
Park Openings as Needed Dates/Locations TBD Needs dependent upon the event Attachment 2 Attachment 2
67 Services Agreement between July 1, 2022
City of Dublin and HERC Rentals Exhibit B – Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES

GENERATORS/ELECTRICAL DISRIBUTION
Description Notes Cost per day
70 KW generator $450
55 KW generator $332
25 KW generator $191
LED Light tower generator $145
400-amp Distro Panel $67
Spider Box $17
Spider Box Cables (100 ft) $33
Extension Cord (50 ft) $3.50
Cable Ramps $7.50
2/5 Banded Cable 50 Feet Cam Lock $18
One On – Site Technician Per hour $95/hr
Fuel cost (as needed, to be billed after
event)
Per gallon $7.00 or market
price

Labor – Installation (if not included) $3,850
Delivery $2,970
Attachment 2 Attachment 2
68 Attachment 3
Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT WITH PRIMETIME ENTERTAINMENT FOR LIGHTING AND

SOUND SERVICES FOR CITY-PRODUCED EVENTS
WHEREAS, Parks and Community Services Department special events require additional lighting and sound equipment beyond what is owned by the City of Dublin; and WHEREAS, the Parks and Community Services Department sought quotations for lighting and sound services; and
WHEREAS, Primetime Entertainment, the sole bidder, has provided similar services for the City of Dublin in the past, and is capable of providing services as specified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Contract Services Agreement between the City of Dublin and Primetime Entertainment attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution.

BE IT FURTHER RESOLVED that the City Manager has the authority to increase the compensation not-to-exceed amount for services provided up to $20,000, should the City need to host any unforeseen events or modifications are made to existing events, provided funding is budgeted and available to cover the expense.

PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
69 Services Agreement between July 1, 2022
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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
PRIME TIME ENTERTAINMENT, INC.

THIS AGREEMENT for Sound and Lighting Services is made by and between the City of Dublin (“City”) and Prime Time Entertainment, Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.

1.5 [Intentionally Deleted].

1.6 [Intentionally Deleted].

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $61,167 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be Attachment 4
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City of Dublin and Prime Time Entertainment, Inc. Page 2 of 15 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, regarding the amount of compensation, the Agreement shall prevail.

City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 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, and the percentage of completion;
 The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
 Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

Attachment 4
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2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 [Intentionally Deleted].

2.6 [Intentionally Deleted].

2.7 [Intentionally Deleted].

2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10 [Intentionally Deleted].

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

3.0 List of Available Resources.
 Any public park or facility as defined in Exhibit A

3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

Attachment 4
72 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 4 of 15 Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.

All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.

Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.

Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.

Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.

Attachment 4
73 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 5 of 15 City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.

Contractor shall bear all costs in connection with meeting the requirements of this section.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.

VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

Attachment 4
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4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

Attachment 4
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4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Attachment 4
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4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Attachment 4
77 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 9 of 15 Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this 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.

6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Attachment 4
78 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 10 of 15 Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Attachment 4
79 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 11 of 15 Agreement was and is the professional reputation and competence of Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

Attachment 4
80 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 12 of 15

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did Attachment 4
81 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 13 of 15 not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

Prime Time Entertainment
2430 Research Drive
Livermore, CA 94550
Any written notice to City shall be sent to:

City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services & Compensation Schedule

10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

Attachment 4
82 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 14 of 15

10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
Attachment 4
83 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment, Inc. Page 15 of 15 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 Prime Time Entertainment, Inc.

Linda Smith, City Manager Jim Douglas, Owner
Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070365.1
Attachment #4 Attachment 4
84 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment Inc. Exhibit A – Page 1 of 3

EXHIBIT A

SCOPE OF SERVICES & COMPENSATION SCHEDULE
Primetime Entertainment will provide sound and lighting services for the following City of Dublin events and festivals for Fiscal Years 2022-23 and 2023- 24:

General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City. • Electrical service will be provided by City. Contractor shall confirm electrical capacity is adequate for the equipment being used for City events and festivals.
• Complete all setup of all sound and lighting equipment at least two hours prior to the scheduled sound check.

Event Dates of Service/Event Dates Scope of Services Cost Summer
Concert Series
(8-10 Concerts)
Emerald Glen
Park
4201 Central
Parkway
- Select Thursdays as
specified by the City
- Connect with the entertainment at
least two weeks prior to their
scheduled concert night to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc.
- Provide up-lighting for onstage
entertainment.
- Provide an on-site sound technician
for a 120 minute set and sound
check.
- Provide DJ/emcee services and
crowd friendly music between sets.
$1,650.00
(per event cost)
Splatter
Emerald Glen
Park
4201 Central
Parkway
September 10, 2022
September 9, 2023
- Connect with the entertainment for
three performance stages at least
one month prior to the event date to
receive sound needs and stage plot
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc. for three stages
- Provide up-lighting for the
entertainment for all three stages.
- Provide an on-site sound technician
for a 120 minute set and sound
$4,600.00 (yearly
cost per event)
Attachment #4 Attachment 4
85 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment Inc. Exhibit A – Page 2 of 3 check for all three stages.
- Provide DJ/emcee services, crowd
friendly music between sets for all
three stages.

Harvest Fair
Heritage Park &
Museum
6600 Donlon Way
October 8, 2022
October 14, 2023
- Connect with the entertainment at
least two weeks prior to their
scheduled concert night to receive
sound needs and stage plot
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc.
- Provide up-lighting for the
entertainment
- Provide an on-site sound technician
for four 60 minutes sets and sound
check
- Provide DJ/emcee services, crowd
friendly music between sets
$1,500.00 (yearly
cost per event)
Tree Lighting
Dublin Civic
Center
100 Civic Plaza
- December 1, 2022
November 30, 2023
- Connect with the entertainment at
least two weeks prior to their
scheduled concert night to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, emcee microphone and
podium stand, etc.
- Provide up-lighting for the
entertainment.
- Provide an on-site sound technician
for two 30-60 minute sets.
- Provide DJ/emcee services, crowd
friendly music between sets.
$1,500.00 (yearly
cost per event)
St. Patrick’s
Day Festival
Center
100 Civic Plaza
- March 18-19, 2023
- - March 16-17, 2024
- Connect with the entertainment for
three stages at least one month
prior to the event date to receive
sound needs and stage plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc. for three stages.
- Provide up-lighting for the
entertainment for three stages.
- Provide an on-site sound technician
and sound check for three stages.
$6,400.00 (yearly
cost per event)
Attachment #4 Attachment 4
86 Services Agreement between July 1, 2022
City of Dublin and Prime Time Entertainment Inc. Exhibit A – Page 3 of 3 - Provide DJ/emcee services and
crowd friendly music between sets
three stages.

Spring
Eggstravaganza
- April 8, 2023
- March 30, 2024
- Confirm event needs with City of
Dublin staff at least two weeks prior
to the event date.
- Provide DJ/emcee services and
crowd friendly music.
$600.00 (yearly
cost per event)
Park Openings
and other
Dedication
Events as
Needed
(Per Event)
Dates and times are to be
determined and all locations will
be within the City of Dublin.
- Connect with the entertainment at
least two weeks prior to their
scheduled performance date to
receive sound needs and stage
plot.
- Provide all front-line equipment as
needed, including but not limited to,
speakers, cords, microphones,
stands, etc.
- Provide up-lighting for the
entertainment.
- Provide an on-site sound technician
for four 60-minute sets and sound
check.
- Provide DJ/emcee services and
crowd friendly music between sets.
$600.00 (per
event cost)
Attachment #4 Attachment 4
87 Attachment 5
Reso. No. XX-22, Item X.X, Adopted 06/07/2022 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT WITH SPECIAL EVENTS RENTALS FOR TENTS, STAGES,

AND OTHER EVENT FURNITURE RENTALS FOR CITY-PRODUCED EVENTS WHEREAS, Parks and Community Services Department special events require additional event furnishings beyond what is owned by the City of Dublin; and WHEREAS, the Parks and Community Services Department sought quotations for event equipment and furnishings; and
WHEREAS, Special Events Rentals was identified as the low bidder of two companies that submitted bids, has provided similar services for the City of Dublin in the past, and is capable of providing services as specified.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Contract Services Agreement between the City of Dublin and Special Events Rentals attached hereto as Exhibit A and authorizes the City Manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution.

BE IT FURTHER RESOLVED that the City Manager has the authority to increase the compensation not-to-exceed amount for services provide up to $20,000, should the City need to host any unforeseen events or modifications are made to existing events, provided funding is budgeted and available to cover the expense.

PASSED, APPROVED AND ADOPTED this 7th day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
88 Services Agreement between July 1, 2022
City of Dublin and Special Events Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

SPECIAL EVENTS
THIS AGREEMENT for special event tents, stages and other event furniture rentals is made by and between the City of Dublin (“City”) and Special Events. (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the services described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.

1.5 [Intentionally Deleted].

1.6 [Intentionally Deleted].

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $124,738 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Attachment 6
89 Services Agreement between July 1, 2022
City of Dublin and Special Events Page 2 of 15
Agreement and Contractor’s proposal, regarding the amount of compensation, the Agreement shall prevail.

City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 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, and the percentage of completion;
 The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
 Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

Attachment 6
90 Services Agreement between July 1, 2022
City of Dublin and Special Events Page 3 of 15

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 [Intentionally Deleted].

2.6 [Intentionally Deleted].

2.7 [Intentionally Deleted].

2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10 [Intentionally Deleted].

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

3.0 List of Available Resources.
 Any public park or facility as defined in Exhibit A

3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

Attachment 6
91 Services Agreement between July 1, 2022
City of Dublin and Special Events Page 4 of 15
Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.

All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.

Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.

Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.

Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.

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City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.

Contractor shall bear all costs in connection with meeting the requirements of this section.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.

VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.

4.2 Commercial General and Automobile Liability Insurance.

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4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

4.3.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this 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.

6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Attachment 6
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Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Attachment 6
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Agreement was and is the professional reputation and competence of Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did Attachment 6
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not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

Special Events
174 Lawrence Drive, Suite A
Livermore, CA 94551
Any written notice to City shall be sent to:

City of Dublin
Attn: City Manager
100 Civic Plaza
Dublin, CA 94568

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

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10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.

SIGNATURES ON FOLLOWING PAGE
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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 SPECIAL EVENTS

Linda Smith, City Manager Archille Cuyle, Sales Director Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070365.1
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EXHIBIT A

SCOPE OF SERVICES
Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing, such as furniture, tenting and staging for the following City of Dublin events and festivals for Fiscal Years 2022- 2024:

General requirements and services for all City of Dublin events and festivals:
x Event dates and times are subject to change at sole discretion of City. x Confirm all event logistics with City staff one month prior to the event dates. x Assist City staff in identifying all event needs.

Event Date
General Overview of Services
Required
St. Patrick’s Day
Celebration
100 Civic Plaza
March 18-19, 2023
March 16-17, 2024
- Use of equipment for a two-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Chairs
Summer Concert Series –
8 Concert Series
4201 Central Parkway
Select Thursdays June-August - Bandshell to cover existing outdoor Amphitheater Stage
Splatter
4201 Central Parkway
September 10, 2022
September 9, 2023
- Use of equipment for a one-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Folding Chairs
Tree Lighting
100 Civic Plaza
December 1, 2022
November 30, 2023
- Riser to hold up to 100 performers
- Tent with lighting to cover riser
- Folding Chairs
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City of Dublin and Special Events Exhibit A – Page 2 of 2 x Ensure all tenting and other equipment meets City and Alameda County Fire Department requirements for ingress, egress, fire suppression, total occupancy, etc. x Provide staff to be onsite during inspections by City staff and Alameda County Fire. x This agreement does not confirm the City’s exact needs as event details and layout may change.

Exact orders and equipment need’s will be confirmed 10 days prior to each event. x Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment setup and placement.

Park Openings as Needed Dates TBD - Determined by the nature of the event but anticipated needs
include:
o Staging
o Festival Tenting
o Folding Chairs
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EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
STAGES
Description Location/Notes COST
20”x32”x3 stage w/ accompanying equipment Main Stage St. Pats $2728 20”x32”x24” stage w/ accompanying equipment Dance Stage St. Pats $2792 20”x20”x24” stage w/ accompanying equipment Pub Stage St. Pats $1760 20”x20”x6’ stage w/ accompanying equipment Side Yard Stage Splatter $1540 20”x32”x36” stage w/ accompanying equipment Main Stage Splatter $2728 8’x28”x16” stage w/ accompanying equipment Performance Stage Tree Lighting $1024.90 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $150 Lighting Packages for Stages Various $.50 per sq ft
Fire Extinguisher Package Per Fire Code $71.50 / 124
Delivery Fees $ Varies

TENTING
Description Location/Notes COST
10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $165 Festival tent 10’x20’x8’ Vendor/sponsors $250
Festival tent 20’x20’x10’ Vendor/sponsors $380
Festival tent 20’x40’x10’ Shaded Seating Area $760
Festival tent 40’x40’x10’ Shaded Seating Area $1600
20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $440 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St Pats $1010 Side Wall Package for 10’x10’ Green Rooms/City Booths $38.50 Side Wall Package for 10’x20’ Performance area/sponsor tents $77 Half Wall Package for 10’x10’ For Sponsor Tents $30
Half Wall Package for 10’x20’ For Sponsor Tents $60
Set of 4 Barrels 30 gallons Water Provided $72
Set of 4 Barrels 55 gallons Water Provided $96
Barrel covers for 30 gallon Water Provided $40
Barrel covers for 55 gallon Water Provided $48
Festival Flags (multiple color options) $0
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City of Dublin and Special Events Exhibit B – Page 2 of 2 Fire Extinguisher Package Per Fire Code $71.50 /124
Delivery Fees $Varies

TABLES/CHAIRS
Description Location/Notes COST
Ivory Folding Chairs Cost per chair $1.55 / 1.88
Table, 48” rounds Cost per Table $11
Table, 60” rounds Cost per Table $11.25
Table, 6’x30” banquet table Cost per Table $9.75
Table, 8’x30” banquet table Cost per Table $10.85
Table, 8’x18” narrow table Cost per Table $15.50
Delivery Fees $Varies
*All rates subject to annual increase as approved by the City Manager, or their designee. Contractor must submit all rate increases by June 1st of each year. Rate increases shall not exceed 3% annually.

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REQUEST FOR PROPOSALS

FOR ELECTRICAL SERVICES
July 1, 2022-June 30, 2024
City of Dublin
Posted: April 5, 2022
Proposals must be received by: April 19, 2022 by 10:00 AM (Pacific Time) Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
[email protected]
100 Civic Plaza, Dublin, CA 94568
925-833-6645
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BACKGROUND
This Request for Proposal is for rental, delivery, set-up and tear-down of event-related electrical equipment. Please submit a proposal, using the included fee worksheet, that includes all associated costs that meets and/or exceeds the following specifications for electrical equipment rentals for City of Dublin Special Events.

SCOPE OF WORK
Bidding company will provide rental, delivery, set-up, and teardown of electrical equipment.

Bidding company is expected to have multiple units of each size generator to meet the needs of the community evets. The following is a schedule of the City of Dublin events and festivals for Fiscal Years 2022-2024:

General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City. • Confirm all logistics with City staff one month prior to the event dates. • Assist City staff in identifying all event electrical needs. • This agreement does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment need’s will be confirmed 10 days prior to each event.
• Ensure all equipment meets City and Alameda County Fire Department requirements for placement, fire suppression, etc.
• Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment placement and proper functionality. • Provide an on-site equipment technician on the event date(s).

SCHEDULE OF EVENTS
Event Date General Overview of Services
Required
St. Patrick’s Day Celebration March 11-12, 2023
March 16-17, 2024
- Ability to power without
interruption:
o three stages of
entertainment
o 24 hour power to two
beverage bars, ice trailer
and food court for two
days
Splatter September 10, 2022
September 9, 2023
- Ability to power without
interruption:
o three stages of
entertainment
o 24 hour power to one
beverage bar, ice trailer and
food court for one day
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Tree Lighting December 1, 2022
November 30, 2023
- Ability to power:
o One stage of
entertainment
o Holiday light displays
Park Openings as Needed Dates TBD Needs dependent upon the

SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the City chooses to conduct interviews, it will notify selected contractors after the proposal submittal date to arrange an interview time. Determination of the best quote(s) shall be based upon, but not limited to, the following:
• Cost;
• Ability, capacity and skill of the contractor to deliver all requested rental equipment promptly, or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances; • The quality, availability and adaptability of supplies

KEY DATES & RFP SCHEDULE
Milestone Date
RFP Issued April 5, 2022
Proposals Due 10:00 AM, April 19, 2022
Interviews (as deemed necessary) April 21, 2022
Selection April 22, 2022
City Council Consideration/
Approval of Agreement (if required)
May 17, 2022
Agreement Begins July 1, 2022
*All dates are tentative and subject to change.

PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to [email protected]. It is the responsibility of the submitting vendor to verify the proposal was received. • Submission must include a completed signature page with a point of contact that is qualified to submit on behalf of the contact’s company. • Submission must include a complete fee worksheet. If the specific item is not available, please list NA in the cost column.

Attachment 7
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GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION The City of Dublin reserves and may exercise the following rights and options with respect to the proposal submission, evaluation, and selection process.

The right to:
• Reject any or all proposals and re-issue the RFP at any time prior to execution of a final contract, if, in the City’s sole discretion, it is in the City’s best interest to do so; • Waive any informalities, defects, non-responsiveness or irregularities that, in the City’s sole judgment, is not material to the proposal;
• Reject any proposal that does not address the requirements or scope of work of the RFP, or that is incomplete or not in conformity or compliance with applicable laws; • Supplement, amend, substitute, or otherwise modify the RFP at any time prior to selection of one or more contractors for negotiation, and to cancel the RFP with or without issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole, or in part, if it is deemed in the City’s best interest to do so; • Request that some or all contractors modify proposals based upon the City’s review and evaluation;
• Conduct such investigations with respect to the financial, technical, and other qualifications of each contractor as the City, in its sole discretion, deems necessary or appropriate.

GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded. • This RFP does not constitute a contract or an offer of employment and does not commit the City to award a contract. The City may enter into negotiations for an agreement, on terms and conditions satisfactory to the City, with one or more selected contractors; however, the City reserves the right to terminate any negotiations at any time. • Any cost incurred by contractor in preparing and providing a response to the RFP is solely the responsibility of the contractor.
• When a contractor has been selected by the City, the City and contractor shall negotiate a contract. A draft template contract is attached; however, the City reserves the right to Attachment 7
111
modify the template at any time prior to final contract execution. If the terms of the contract cannot be agreed upon for any reason, another contractor may be selected. • After successful negotiation of a contract with a contractor, City may bring forth a staff report to the City Council for consideration. Once the contract has been approved, the contractor will be notified by phone and email. Contractors will be required to obtain, and during the term of the contract maintain, insurance policies as detailed in the attached Contractor Services Agreement.
• The successful contractor shall commence work on the date specified in the fully executed contract, which will be transmitted to the contractor after City Council approval of the contract (if applicable).

INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and I the City standard agreement:

General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000

STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on an agreed upon fee for the specified scope of work. A sample of the City’s Standard Contact Services Agreement, including insurance requirements, is provided as Attachment 1.

If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changesto the Agreement and furnish the reason for these changes, which shall be included in the qualification.

Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested vendor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal.

CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.

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EQUAL OPPORTUNITY EMPLOYER
Proposer 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.

GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.

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FEE WORKSHEET

ELECTRICAL ITEMS

GENERATORS/ELECTRICAL DISRIBUTION
Description Notes Cost per day
70 KW generator $
55 KW generator $
25 KW generator $
LED Light tower generator $
400-amp Distro Panel
Spider Box $
Spider Box Cables (100 ft) $
Extension Cord (50 ft) $
Cable Ramps $
One On – Site Technician Per hour $
Fuel cost (as needed, to be billed after event) Per gallon $ Labor – Installation (if not included) $
Delivery $

ATTACHMENTS
• Standard Contractor Services Agreement Template
Attachment 7
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SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated subject to the general conditions of this quote.

Signature: __________________________________________Date: ______________________ Name of Contact Person: _________________________________________________________ Name of Firm: __________________________________________________________________ Address: ______________________________________________________________________ City: _________________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________________ E-mail Address: ________________________________ Website__________________________ Attachment 7
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REQUEST FOR PROPOSALS

FOR LIGHTING & SOUND SERVICES
July 1, 2022-June 30, 2024
City of Dublin
Posted: April 5, 2022
Proposals must be received by: April 19, 2022 by 10:00 AM (Pacific Time) Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
[email protected]
100 Civic Plaza, Dublin, CA 94568
925-833-6645
Attachment 7
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BACKGROUND
This Request for Proposal is for rental, delivery, set-up and tear-down of event-related sound and lighting equipment. Please submit a quote that includes all associated costs that meets and/or exceeds the following quote specifications for sound and lighting equipment for City of Dublin Special Events.

SCOPE OF WORK
Bidding company will provide sound and lighting services for the following City of Dublin events and festivals for Fiscal Years 2022-2024:
• General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City. • Electrical service will be provided by City. Contractor shall confirm electrical capacity is adequate the needs of the equipment requests for City events and festivals. • Complete all setup and tear down of all sound and lighting equipment at least two hours prior to the scheduled sound check.

SCHEDULE OF EVENTS
Event Date General Overview of
Services Required
St. Patrick’s Day Celebration March 11-12, 2023
March 16-17, 2024
- Front line equipment
for three stages of
outdoor entertainment
Summer Concert Series – 8
Concert Series
Select Thursdays June-August - Front line equipment
for an outdoor
performance on one
stage
- Performance Group
size will range week to
week
Splatter September 10, 2022
September 9, 2023
- Front line equipment
for three stages of
outdoor entertainment
- Main Stage to feature
higher end tribute /
dance bands ranging in
performance size
Holiday Tree Lighting December 1, 2022
November 30, 2023
- Front line equipment
for an outdoor
performance on one
stage
Park Openings as Needed Dates TBD
Attachment 7
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SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the City chooses to conduct interviews, it will notify selected contractors after the proposal submittal date to arrange an interview time. Determination of the best quote(s) shall be based upon, but not limited to, the following:
• Cost;
• Ability, capacity and skill of the contractor to deliver all requested rental equipment promptly, or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances; • The quality, availability and adaptability of supplies

KEY DATES & RFQ SCHEDULE
Milestone Date
RFP Issued April 5, 2022
Proposals Due 10:00 AM, April 19, 2022
Interviews (as deemed necessary) April 21, 2022
Selection April 22, 2022
City Council Consideration/
Approval of Agreement (if required)
May 17, 2022
Agreement Begins July 1, 2022
*All dates are tentative and subject to change.

PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to [email protected]. It is the responsibility of the submitting vendor to verify the proposal was received. • Submission must include a completed signature page with a point of contact that is qualified to submit on behalf of the contacts company.
• Submission must include a complete fee worksheet. If the specific item is not available, please list NA in the cost column.

GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION The City of Dublin reserves and may exercise the following rights and options with respect to the proposal submission, evaluation, and selection process.

The right to:
• Reject any or all proposals and re-issue the RFP at any time prior to execution of a final contract, if, in the City’s sole discretion, it is in the City’s best interest to do so; • Waive any informalities, defects, non-responsiveness or irregularities that, in the City’s sole judgment, is not material to the proposal;
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• Reject any proposal that does not address the requirements or scope of work of the RFP, or that is incomplete or not in conformity or compliance with applicable laws; • Supplement, amend, substitute, or otherwise modify the RFP at any time prior to selection of one or more contractors for negotiation, and to cancel the RFP with or without issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole, or in part, if it is deemed in the City’s best interest to do so; • Request that some or all contractors modify proposals based upon the City’s review and evaluation;
• Conduct such investigations with respect to the financial, technical, and other qualifications of each contractor as the City, in its sole discretion, deems necessary or appropriate.

GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded. • This RFP does not constitute a contract or an offer of employment and does not commit the City to award a contract. The City may enter into negotiations for an agreement, on terms and conditions satisfactory to the City, with one or more selected contractors; however, the City reserves the right to terminate any negotiations at any time. • Any cost incurred by contractor in preparing and providing a response to the RFP is solely the responsibility of the contractor.
• When a contractor has been selected by the City, the City and contractor shall negotiate a contract. A draft template contract is attached; however, the City reserves the right to modify the template at any time prior to final contract execution. If the terms of the contract cannot be agreed upon for any reason, another contractor may be selected. • After successful negotiation of a contract with a contractor, City may bring forth a staff report to the City Council for consideration. Once the contract has been approved, the contractor will be notified by phone and email. Contractors will be required to obtain, and during the term of the contract maintain, insurance policies as detailed in the attached Contractor Services Agreement.
• The successful contractor shall commence work on the date specified in the fully executed contract, which will be transmitted to the contractor after City Council approval of the contract (if applicable).

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INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and I the City standard agreement:

General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000

STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on an agreed upon fee for the specified scope of work. A sample of the City’s Standard Contact Services Agreement, including insurance requirements, is provided as Attachment 1.

If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changesto the Agreement and furnish the reason for these changes, which shall be included in the qualification.

Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested vendor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal.

CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.

EQUAL OPPORTUNITY EMPLOYER
Proposer 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.

Attachment 7
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GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.

ATTACHMENTS
• Standard Contractor Services Agreement Template

FEE WORKSHEET

SUMMER CONCERT SERIES
Qty Description COST
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.

Light Package
- Up-lighting for musicians
On Site Sound Technician
- One 120-minute set
- Provide DJ/ emcee services, crowd-friendly music between sets Per Concert Cost $
(please describe) Other Fees $
TOTAL $

SPLATTER
Qty Description Cost
1 Main Stage Performances $
- 4 to 10- piece bands City provided
- 32’ x 20’ covered performance area
- Raised 36” stage
City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.

Light Package City provided
Attachment 7
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On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets 1 Side yard Stage Performances $
- 1 – 4-piece bands City provided
- 12’ x 12’ covered performance area
- Raised 18” stage
City provided
Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.

Light Package
- Up-lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets 1 Outdoor Amphitheater Performances $
- 4 to 10- piece dance or musical groups City provided
- 30’ x 20’ covered performance area (no raised stage) City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.

Light Package
- Up-lighting for performers
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets (please describe) Other Fees $
TOTAL $

HOLIDAY TREE LIGHTING CEREMONY
Qty Description COST
Outdoor Amphitheater Performance $
- Up to 12-piece band City provided
- Children’s choir of 25 – 35 City provided
- 16’ x 28’ stage (stepped risers are 16” and 32” high) City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.
- Emcee microphone and podium stand
Light Package
- Up-lighting for performers
Attachment 7
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On Site Sound Technician
- Two 30 – 60 minute sets
- Provide DJ/ emcee services, crowd-friendly music between sets (please describe) Other Fees $
TOTAL $
ST. PATRICK’S DAY FESTIVAL
Qty Description Cost
1 Main Stage Performances $
- 4 to 10- piece bands City provided
- 32’ x 20’ covered performance area, raised 36” stage City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.

Light Package
- Up-lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets 1 Pub Stage Performances $
- 3 – 7 piece bands City provided
- 20’ x 20’ covered performance area, raised 24” stage City provided Provide all front-line equipment
- Speakers, cords, microphones, stands, etc.

Light Package
- Up-lighting for musicians
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets 1 Irish Dance Stage $
- Up to 20 dancers at a time City provided
- 30’ x 20’ covered performance area, raised 36” stage City provided Provide all front-line equipment
- Speakers, CD/aux input capabilities, microphone
On Site Sound Technician
- Provide DJ/ emcee services, crowd-friendly music between sets 1 Field Demonstrations $
- Such as gaelic football, hurling, sheepdog exhibition City provided - Speakers and Microphone for announcements
Attachment 7
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(please describe) Other Fees $
TOTAL $

PARK DEDICATIONS AS NEEDED
Qty Description COST
Outdoor Band Performance
- Up to 6-piece band City provided
Provide all front-line equipment $
- Speakers, cords, microphones, stands, etc.

On Site Sound Technician
- Four 60 minute sets $
- Provide DJ/ emcee services, crowd-friendly music between sets (please describe) Other Fees $
TOTAL (per event) $
TOTAL (4 events) $

SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated subject to the general conditions of this proposal.

Signature: __________________________________________Date: ______________________ Name of Contact Person: _________________________________________________________ Name of Firm: __________________________________________________________________ Address: ______________________________________________________________________ City: _________________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________________ E-mail Address: ________________________________ Website__________________________ Attachment 7
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REQUEST FOR PROPOSALS
TENTING AND STAGING – CITY OF DUBLIN

COMMUNITY WIDE SPECIAL EVENTS
July 1, 2022 - June 30, 2024
City of Dublin
Posted: April 5, 2022
Proposals must be received by: April 19, 2022 by 10:00 AM (Pacific Time) Contact: City of Dublin Parks and Community Services
Attn: Special Events/Lauren Marriott
[email protected]
100 Civic Plaza, Dublin, CA 94568
925-833-6645
Attachment 7
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BACKGROUND
This Request for Proposals is for rental, delivery, set-up and tear-down of event-related rental furnishings, such as tenting and staging. Please submit a proposal that includes all associated costs that meets and/or exceeds the following proposal specifications for rental equipment for City of Dublin Special Events.

SCOPE OF WORK
Vendor will provide rental, delivery, set-up, and teardown of event related rental furnishing, such as furniture, tenting and staging for the following City of Dublin events and festivals for Fiscal Years 2022-2024:

General requirements and services for all City of Dublin events and festivals:
• Event dates and times are subject to change at sole discretion of City. • Confirm all event logistics with City staff one month prior to the event dates. • Assist City staff in identifying all event needs.
• Ensure all tenting and other equipment meets City and Alameda County Fire Department requirements for ingress, egress, fire suppression, total occupancy, etc. • Provide staff to be onsite during inspections by City staff and Alameda County Fire. • This RFP does not confirm the City’s exact needs as event details and layout may change. Exact orders and equipment need’s will be confirmed 10 days prior to each event.
• Provide on-site event supervisor during event set-up. The supervisor will remain on-site until City staff approves equipment setup and placement.

SCHEDULE OF EVENTS AND GENERAL DESCRIPTION
Event Date
General Overview of Services
Required
St. Patrick’s Day
Celebration
100 Civic Plaza
March 11-12, 2023
March 16-17, 2024
- Use of equipment for a two-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Chairs
Summer Concert Series
– 8 Concert Series
4201 Central Parkway
Select Thursdays JuneAugust- Bandshell to cover existing outdoor Amphitheater Stage
Attachment 7
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Splatter
4201 Central Parkway
September 10, 2022
September 9, 2023
- Use of equipment for a one-day
festival
- Expect load-in to span over two
select days as specified by City
Staff
- Three stages for entertainment
- 20 Festival Tents (10x10) and
(10x20)
- 10 Quick Tops 10x10
- Tables and Folding Chairs
Tree Lighting
100 Civic Plaza
December 1, 2022
November 30, 2023
- Riser to hold up to 100
performers
- Tent with lighting to cover riser
- Folding Chairs
Park Openings as
Needed
Dates TBD - Determined by the nature of the
event but anticipated needs
include:
o Staging
o Festival Tenting
o Folding Chairs

SELECTION PROCESS
After reviewing the proposals, the City may conduct interviews with qualified businesses. If the City chooses to conduct interviews, it will notify selected contractors after the proposal submittal date to arrange an interview time. Determination of the best quote(s) shall be based upon, but not limited to, the following:
• Cost;
• Ability, capacity and skill of the contractor to deliver all requested rental equipment promptly, or at the time specified;
• Reputation and experience of the contractor;
• Previous experience of the contractor with the City;
• Previous and existing compliance by the contractor with laws and ordinances; • The quality, availability, and adaptability of supplies Attachment 7
127

KEY DATES & RFP SCHEDULE
Milestone Date
RFP Issued April 5, 2022
Proposals Due 10:00 AM, April 19
Interviews (as deemed necessary) April 21, 2022
Selection April 22, 2022
City Council Consideration/
Approval of Agreement (if required)
May 17, 2022
Agreement Begins July 1, 2022
*All Dates are tentative and subject to change.

PROPOSAL SUBMISSION DIRECTIONS AND REQUIREMENTS
• All submissions must be submitted electronically to [email protected]. It is the responsibility of the submitting vendor to verify the proposal was received. • Submission must include a completed signature page with a point of contact that is qualified to submit on behalf of the contacts company.
• Submission must include a complete fee worksheet. If the specific item is not available, please list NA in the cost column.

GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION, AND SELECTION The City of Dublin reserves and may exercise the following rights and options with respect to the proposal submission, evaluation, and selection process.

The right to:
• Reject any or all proposals and re-issue the RFP at any time prior to execution of a final contract, if, in the City’s sole discretion, it is in the City’s best interest to do so; • Waive any informalities, defects, non-responsiveness or irregularities that, in the City’s sole judgment, is not material to the proposal;
• Reject any quotation that does not address the requirements or scope of work of the RFP, or that is incomplete or not in conformity or compliance with applicable laws; • Supplement, amend, substitute, or otherwise modify the RFP at any time prior to selection of one or more contractors for negotiation, and to cancel the RFP with or without issuing another RFP;
• Accept or reject any or all items in any proposal and award the contract(s) in whole, or in part, if it is deemed in the City’s best interest to do so; • Request that some or all contractors modify proposals based upon the City’s review and evaluation;
Attachment 7
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• Conduct such investigations with respect to the financial, technical, and other qualifications of each contractor as the City, in its sole discretion, deems necessary or appropriate.

GENERAL INFORMATION
• Selected contractor will directly operate the equipment rentals that they are awarded. • This RFP does not constitute a contract or an offer of employment and does not commit the City to award a contract. The City may enter into negotiations for an agreement, on terms and conditions satisfactory to the City, with one or more selected contractors; however, the City reserves the right to terminate any negotiations at any time. • Any cost incurred by contractor in preparing and providing a response to the RFP is solely the responsibility of the contractor.
• After successful negotiation of a contract with a contractor, City may bring forth a staff report to the City Council for consideration. Once the contract has been approved, the contractor will be notified by phone and email. Contractors will be required to obtain, and during the term of the contract maintain, insurance policies as detailed in the attached Contractor Services Agreement.
• The successful contractor shall commence work on the date specified in the fully executed contract, which will be transmitted to the contractor after City Council approval of the contract (if applicable).

INSURANCE REQUIREMENTS
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements as outlined below and I the City standard agreement:

General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000

STANDARD CONSULTING AGREEMENT
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on an agreed upon fee for the specified scope of work. A sample of the City’s Standard Contact Services Agreement, including insurance requirements, is provided as Attachment 1.

Attachment 7
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If the interested vendor desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changesto the Agreement and furnish the reason for these changes, which shall be included in the qualification.

Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested vendor is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal.

CONFLICT OF INTEREST
Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.

EQUAL OPPORTUNITY EMPLOYER
Proposer 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.

GOVERNING LAW
This RFP summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.

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Fee Worksheet
STAGES
Description Location/Notes COST
20’x32’x3’ stage w/ accompanying equipment Main Stage St. Pats $ 20’x32’x24’ stage w/ accompanying equipment Dance Stage St. Pats $ 20’x20’x24’ stage w/ accompanying equipment Pub Stage St. Pats $ 20’x20’x6’ stage w/ accompanying equipment Garden Stage Splatter $ 20’x32’x36’ stage w/ accompanying equipment Main Stage Splatter $ 8’x28’x16’ stage w/ accompanying equipment Performance Stage Tree Lighting $ 4’x4’x2’ stage w/ accompanying equipment TV 30 Stage/Riser Tree Lighting $ Lighting Packages for Stages Please list lighting options $ Fire Extinguisher Package Per Fire Code $
Delivery Fees $

TENTING
Description Location/Notes COST
10’x10’x8’ Quick Top One Piece Green Rooms, Bike Valets, Sound Tech $ Festival tent 10’x20’x8’ Vendor/sponsors $
Festival tent 20’x20’x10’ Vendor/sponsors $
Festival tent 20’x40’x10’ Shaded Seating Area $
Festival tent 40’x40’x10’ Shaded Seating Area $
20’x20’x10 White Fastrack Bandshell Tent Outdoor Concert – Emerald Glen Amp $ 30’x20’x10 White Fastrack Bandshell Tent Amphitheater/Main Stage St Pats $ Side Wall Package for 10’x10’ Green Rooms/City Booths $ Side Wall Package for 10’x20’ Performance area/sponsor tents $ Half Wall Package for 10’x10’ For Sponsor Tents $
Half Wall Package for 10’x20’ For Sponsor Tents
Set of 4 Barrels 30 gallons Water Provided $
Set of 4 Barrels 55 gallons Water Provided $
Barrel covers for 30 gallon Water Provided $
Barrel covers for 55 gallon Water Provided $
Festival Flags (multiple color options) $
Fire Extinguisher Package Per Fire Code $
Delivery Fees $
Attachment 7
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Fee Worksheet Continued

TABLES/CHAIRS
Description Location/Notes COST
Ivory Folding Chairs Cost per chair $
Table, 48” rounds Cost per Table $
Table, 60” rounds Cost per Table $
Table, 6’x30” banquet table Cost per Table $
Table, 8’x30” banquet table Cost per Table $
Table, 8’x18” narrow table Cost per Table $
Delivery Fees $

ATTACHMENTS
• Standard Contractor Services Agreement Template
Attachment 7
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SIGNATURE AND POINT OF CONTACT
The undersigned offers and agrees to furnish the above articles and/or services at the prices and terms stated subject to the general conditions of this quote.

Signature: __________________________________________Date: ______________________ Name of Contact Person: _________________________________________________________ Name of Vendor: __________________________________________________________________ Address: ______________________________________________________________________ City: _________________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________________ E-mail Address: ________________________________ Website__________________________ Attachment 7
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STAFF REPORT

CITY COUNCIL

Agenda Item 4.5
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2022 Utility Box Art Selection
Prepared by: Tyler Phillips, Heritage & Cultural Arts Supervisor EXECUTIVE SUMMARY:

The City Council will consider a recommendation from the Heritage and Cultural Arts Commission for artwork to be painted on 10 utility boxes in summer 2022.

STAFF RECOMMENDATION:

Approve the Heritage and Cultural Arts Commission’s recommendations for the 2022 Utility Box Art Program.

FINANCIAL IMPACT:

The cost of 10 utility boxes, including artist payments and miscellaneous supplies, is estimated at $10,350. This project is funded by the Public Art Fund and is included in the Fiscal Year 2022-23 Budget.

DESCRIPTION:

The 2022 Utility Box Art Program will include the painting of 10 utility boxes located throughout Dublin. Artwork themes should align with the City’s values, which are a part of the adopted mission and vision statements, including safety, inclusivity, diversity, equality, and history.

Artwork must also be suitable for all ages. Additionally, as Dublin is celebrating its 40th anniversary in 2022, artists were asked to incorporate this theme into their artwork and illustrate events, milestones, and/or landmarks since its incorporation.

Staff issued a Call for Artists on February 14, 2022, (Attachment 2), publicizing the opportunity through normal City channels (website, social media, etc.), as well as via email to a list of interested artists, past Dublin utility box artists, registrants in the cultural arts database, nearby cities with successful utility box art programs, and the California Cultural Arts Council website. 134

The City received a total of 53 design proposals submitted by 31 individual artists by the April 22, 2022 deadline.

On May 12, 2022, the Heritage and Cultural Arts Commission reviewed the artists’ proposals and deliberated before recommending 10 artist proposals for City Council consideration and approval.

The recommended artists’ resumes, statements, and design proposals are included with this Staff Report (Attachment 1). Below is a table showing the utility box locations with the recommended artist and title of the artists proposal.

TABLE 1: UTILITY BOX LOCATIONS AND

ARTISTS ASSIGNMENTS
Box Box location Artist Proposal Title
Box 1 San Ramon Road & Silvergate Drive Chloe Rong* Crossroads Box 2 San Ramon Road & Vomac Road Angel Qian* The Crossroads Box 3 Amador Valley Blvd & Donohue Drive Sophia Lee Breeze of Summer Flowers
Box 4 Dublin Blvd & Inspiration Drive Ryan Zhang* Dublin Under the Sunset
Box 5 Fallon Road & Turnberry Drive Alison Thomas Dublin Sky’s the Limit Box 6 Fallon Road & Cydonia Court Ekaterina Bazlakova Dublin is the Holiday Box 7 Tassajara Road & Palisades Drive Joy Marie Hallare Path to Dublin Box 8 Tassajara Road & Wallis Ranch Drive Iris Shen* Creeks through Dublin
Box 9 Tassajara Road & Rutherford Drive Malachi Diaz Geometric Wilderness Box 10 Central Parkway & Chancery Lane Rob Corder Celtic Knot *Student Artists
STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

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

ATTACHMENTS:
1) Design Proposals from Recommended Artists
2) Call for Artists – Utility Box Art 2022
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Attachment 1
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Environmental Awareness Article Published in “Lutrinae” Newspaper - CSUMB, 2020 Capstone Proposal Presentation - CSUMB, 2020
“Emergence” Virtual Gallery - CSUMB, 2020
“The Offices Of…” Art Show - CSUMB, 2019
“OK, Boomer” Live Workshop - CSUMB, 2019
Site 7 Exhibit - CSUMB, 2019
Site 6 Exhibit - CSUMB, 2018
Site 6 Fashion Show - CSUMB, 2018
Annual Vocal Production - Monterey Peninsula College, 2017 Early Childhood Development Program - DeAnza College, 2016 - 2018 Children’s Art Workshop - DeAnza College, 2016 - 2018
Volunteer Adult English Second Language Mentor - Evergreen School District, 2016 - 2018

REFERENCES
● Angelica Muro [email protected]
VPA Head of Department
CSUMB
● Doctor Stephanie Johnson [email protected]
Capstone Advisor
CSUMB
● Luis Sahagun [email protected]
Capstone Teacher
CSUMB
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ARTIST’S STATEMENT.

The World is beautiful and amazing, but people are in a hurry and they can’t see it. I show them a lyric perception of the World. I delight and surprise people and reveal to them our Wonderful World.

My inspiration is our majestic surroundings - Nature, people, community and animals. When I created the series of artworks “California Dreams” during the pandemic, it was my way to communicate with the World. It is not a copy of nature, but my own conceptual vision of the World. My landscapes are Dreamscapes. When I create compositions, I imagine I am a Bird flying above the Ocean, I am an Animal hiding in the Dark, or I am living in a different Time. What does it look like from that point of view? My composition and color palette means to capture Nature’s Spirit. I use the color arbitrarily to express my feelings. That's what makes my style unique.

Art for me is everything - my lifestyle, my work, my passion, my way of communication with World. I am continuously amazed by the World around me. I’m fascinated by the process of painting: searching for the colors, and creating the composition. When I paint, I fall out of time and space and feel absolutely happy. I live another life. I have so many ideas I will be painting forever. The ideas appear randomly. My favorite painting techniques are oil and acrylic on canvas. I also love to work with watercolor, color pencils and oil pastel on paper. It is my dream to exhibit my body of work to the public. This would be my romantic message to the people.
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TITLE AND ARTIST STATEMENT FOR DUBLIN UTILITY

BOX ART PROJECT
I am Ekaterina Bazlakova, an established bay- area based artist.

I called my artwork “Dublin is a holiday that is always with you”.

Unique and beautiful, modern and comfortable, hospitable and welcoming - here are my feelings about Dublin. I think this place is very cozy for life. My artwork reflects landmarks, landscapes, and the natural beauty of Dublin. I painted the old St. Raymond’s Church house in Dublin Heritage Park and Murray Schoolhouse Museum in my project, because they are symbols of Dublin. These houses are of great importance - they tell the history of Dublin.

Beautiful old bildings seem to be framed by patterns of blooming magnolia. My composition is done with acrylic in a unique decorative style, it is a dreamscape. The main idea is - peace, safety, beauty and enjoying life.
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PROPOSAL COVERSHEET: Dublin 2022 Utility Box Art Project Proposals will not be accepted after Friday, April 22, 2022, 4:00 PM Please indicate experience level:
☒ Professional Artist(s) ☐ Student Artist(s), working under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
☒ 1 ☐ 4 ☐ 7
☐ 2 ☐ 5 ☐ 8 ☐ 10
☐ 3 ☐ 6 ☐ 9 ☒ Any
Artist: ____________________________________________________________ Co-Artist, if applicable_________________________________________________ Co-Artist, if applicable_________________________________________________ __
Signature of Artist: _____________________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Supervising Art Professional, if applicable: _____________________________________ Address: _______________________________________________________________ City: __________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________ E-mail Address: ____________________________Website________________________ Signature of Supervising Art Professional: ____________________________ Date: ________________ Joy Marie Hallare
om
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RESUME

Q U A L IFICA TIONS
Programs
Adobe Creative Suite Illustrator, Indesign, Photoshop
Office 365 Word, Powerpoint, Excel
Autodesk AutoCAD, Revit, Fusion
Paint Paint for Residential and Commercial Properties
Responsibilities Multitask, manage budget, and meet deadlines on a timely manner

C O M MISSI ONS
2021 “The Lost Treasure” Santa Monica, CA
“The Endless Summer” Marina del Rey, CA
2020 “Bubbles” Comfort Inn, Santa Monica, CA
“Venice Beach” Venice, CA
“Yosemite” Walmart, Fresno, CA

A W A R D S
2020 “Untitled” Editors’ Pick at Colorism Healing Contest “Wildfire” Curators’ Pick at Artrepreneur
2012 “Wine Ad” Semifinalist at Adobe Achievement Awards 2007 “At Night” First Place at Emerging Artists Awards

E D U CA TION
2020-2022 Certificate Computer Aided Drafting and Design Fresno City College 2009-2012 BFA Graphic Design-Illustation CSU Fresno
2007-2009 AA Art-Graphic Design College of Sequoias
2003-2007 Diploma Redwood High School
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ARTIST STATEMENT
The City of Dublin is a town filled with abundance and life. It bears a rich history of settlement, farming, war, and infrastructure. My piece is based on the city at the center of all neighboring cities by the San Francisco Bay. I think of Dublin as the treasure. It attracted people to settle and expand. I used the map for the marble texture. When people pass by to see my work, I want them to see not just a map but the central focus on the thriving city and the path that leads to the clover, Dublin’s signature landmark. 146
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MALACHI DIAZ

EDUCATION
California State University, Monterey Bay May 2021
Bachelor of Arts Degree in Humanities & Communication*
GPA: 3.3
Monterey Peninsula College May 2019
Associates of Arts in Communication Studies
Graduated with Honors

EXPERIENCE
Substitute Teacher, Gilroy Unified School District, Gilroy, CA Nov 2021 - Present ● Adapted quickly to a variety of subjects, grade levels, and teaching styles to present information effectively to students without interrupting the lesson plan schedule Speaker Support Team, TEDMonterey, Monterey, CA Aug 2021 ● Assisted VIP speakers prepare and executing their talks, guided them through the conference Customer Service Agent, Main Event Inc., Monterey, CA June ‘15 - April ‘19 ● Managed VIP client accounts and provided a personalized experience Local Outfitter, Trumaker & Co., Sacramento, CA Feb ‘15 - July ‘15 ● Built lasting relationships with clients resulting in personal referrals Administrative Assistant, The Management Trust, Rocklin, CA Aug ‘14 - June ‘15 ● Maintained a trouble-free environment for homeowners
News Reporter Intern, Press-Tribune, Roseville, CA June ‘14 - Dec ‘14 ● Authored front-page stories with the oversight of the editor-in-chief Scott Thomas Anderson EXHIBITIONS, HONORS, AWARDS and PROJECTS
● California State University at Monterey Bay Alumni Biennial Exhibition 2022 ● Gilroy Art Walk 2021
● City of Dublin Electric Box Mural 2021
● California Endangered Species Mural in Gilroy, CA 2021 ● Capstone Festival Final Presentation - CSUMB 2021
● Lobby Corps member and Newsletter Editor ‘20 - ‘21
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Malachi Diaz
“Save The Dublin Bees”
“Breathe in Dublin”
“Geometric Wilderness”
In “Save The Dublin Bees” I want to remind the community of the importance of these integral insects. They are responsible for much of the pollination of our beautiful wildflowers and other plants. My design features a close up look at a bee and it’s honeycomb home inside a hive. We will also label parts of the bee’s anatomy and other facts about a bee’s life and their role in our community on different panels of the box.
“Breathe in Dublin” is an ode to our miraculous lungs and the work that they do. I am encouraging healthy breathing habits such as breathing in through the nose and breathe exercises, benefits of slow breathing, and information regarding Dublin’s consistently great air quality rating. The lungs will be made up of painted flowers to become the structure of lungs. The other side will have multicolored bronchial passageways in the lungs.

The inspiration for “Geometric Wilderness” comes from many camping trips in California,, especially in the Sierra National Forest. I encourage the Dublin community to reconnect with nature and see the world differently. The forest and animals will be formed with shape templates in a bright earth-based color palette.
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PROPOSAL COVERSHEET:

Dublin 2022 Utility Box Art Project
Proposals will not be accepted after Friday, April 22, 2022, 4:00 PM.

Please indicate experience level:
† Professional Artist(s) † Student Artist(s), working under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
† 1 † 4 † 7
† 2 † 5 † 8 † 10
† 3 † 6 † 9 † Any
Artist: ____________________________________________________________ Co-Artist, if applicable_________________________________________________ Co-Artist, if applicable_________________________________________________ E-mail Address: __ _
Signature of Artist: _____________ _________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Supervising Art Professional, if applicable: _____________________________________ Address: _______________________________________________________________ City: __________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________ E-mail Address: ____________________________Website________________________ Signature of Supervising Art Professional: ____________________________ Date: ________________ Sophia Lee
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PROPOSAL COVERSHEET:

Dublin 2022 Utility Box Art Project
Proposals will not be accepted after Friday, April 22, 2022, 4:00 PM.

Please indicate experience level:
 Professional Artist(s)  Student Artist(s), working under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
 1  4  7
 2  5  8  10
 3  6  9  Any
Artist: ____________________________________________________________ Co-Artist, if applicable_________________________________________________ Co-Artist, if applicable_________________________________________________ Signature of Artist: _____________________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Supervising Art Professional, if applicable: _____________________________________ Address: _
Fax: __________________________
E-mail Address: ____________________________Website________________________ Signature of Supervising Art Professional: ____________________________ Date: ________________ Yinghua Wang
[email protected]
04/21/2022
Angel Qian
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My name is Angela Qian and I am a ninth grader attending Monte Vista High School. I started drawing at three and a half years old and it’s a hobby that I have kept going for more than a decade because I enjoy it greatly. Throughout the years I have placed in a few art competitions. In 2019 my painting won third in the International Talent Competition and in 2021 I won an honorable mention in the PAL’s virtual competition. I had an amazing time making the paintings that I submitted and I love going through the creative process. Another incredible opportunity I had in 2021 was painting a mural at Fertile Groundworks; I worked with my art club and it took one month to finish.

Furthermore, this project was featured in a few local newspapers like the Independent. Finally in 2022 my painting was put into the SRVUSD High School Art exhibit that was featured in San Ramon City Hall. Here are some of my paintings.
2021 PALs 2022 SRVUSD 2019 International
2021 Mural
Ms. Wang got her PhD in Art Education from the Ohio State University (the Art Education program in OSU ranked #1 in USA). Her research focuses on critical art education pedagogy and creative thinking. As a member of the National Art Education Association, she presents frequently on the NAEA conferences. Ms. Wang comes from a family of visual artists. Inspired and influenced by her father, Ms. Wang began her training in painting and drawing when she was four years old. Her artwork won various awards in the national and international art competitions.

Then she studied artistic design in Shanghai Jiao Tong University for undergraduate and Master’s degree.

Ms. Wang has over 10 years teaching experiences. She started teaching studio art to students of all ages when she was 19 years old at her father’s art school. She was awarded the “Best Art Teacher” in China by the Art Education Committee, the Ministry of Education. Then she continued to pursue her PhD degree in Art Education because she loves teaching art. During her PhD study, she taught college level contemporary art and digital art courses for four years. Ms. Wang founded Happy Valley Art School in 2014 and she also teaches digital art in Ohlone College. 160
The Crossroad
Throughout history, Dublin has always been known as a crossroads of the Bay Area due to it being located at the intersection of Highway 580 and 680. This dates all the way back to the Native Americans who had trading routes going through the area. This crossroad became more important as time went on carrying Spanish explorers, gold rush miners, and early ranchers and farmers. I attempted to capture this in my design by drawing vehicles from different time periods driving along the road. Additionally, I added the City of Dublin sign onto my drawing to symbolize the birth of this city and celebrate its anniversary.
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Chloe Rong
My name is Chloe Rong, and I am currently a 9th-grade student at Dougherty Valley High School in San Ramon. Ever since I was young, I have had a great interest in art, and I would love to use my skills to benefit the community. The painted utility boxes around the Tri-Valley area have brightened up the neighborhoods that they are in, and I enjoy spotting them as I drive or walk by. The Tri-Valley area has been my home for many years, and painting a utility box would allow me to give back to the community that has supported me so much. I am a member of the Lapis Lazuli Art Club: a nonprofit Tri-Valley art club that aims to empower kids with a passion for art and allow them to contribute to their communities. Below you can find a list of my art-related achievements.
2022
● Taught several art classes at a local after school
2021
● Received three Scholastic regional silver keys
● Painted a mural for the farm nonprofit Fertile Groundworks in Livermore ● Four art pieces were selected to be displayed at the SRVUSD Gallery ● Participated in the Dublin Art Collective’s art display at Paxti’s Pizza ● Taught several online art classes
2020
● Received one Scholastic regional silver key and one scholastic regional honorable mention
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Crossroads
For Dublin’s 40th anniversary, I wanted to celebrate the connection between Dublin’s land and rich history. Dublin is famously known as a crossroads in the bay area, always in the middle of important connections to other locations. Dublin is also a crossroads between nature and humanity: a connection that has been going on for 40 years. My design, crossroads, aims to celebrate Dublin’s history and natural land. The design features two prominent historic buildings in Dublin: Green’s General Store and the Murray Schoolhouse to represent Dublin’s history. The landscape is a view from Dublin Hills, and shows the beautiful landscape of Dublin. The cows show how the people of Dublin have utilized the land while the flying native birds in the sky display the beauty of our native wildlife. The kites flying alongside the birds show how Dublin as a city exists with the land, and fly along with them to new heights. 165
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Artist: Iris Shen
Iris is a fifteen-year-old student artist and is currently a freshman at Dublin High School. She has been taking weekly art lessons at Michelle Meng’s Art Studio for almost seven years. She works in many mediums of art, but mostly enjoys sketching and painting.

In addition to visual arts, Iris has also been trained in performing arts, such as dance and music.

Because of this, her art usually takes a more whimsical approach when it comes to landscapes.

She has lived all of her life in a suburban landscape but often takes outdoor hikes with her mother, which she finds to be inspiring for her art.

Iris has competed in the Junior Duck Stamp Contest, the Dublin Arts Collective logo contest, and the Alameda County Fair, in which she has won the title of Best in Class and Best in Show. Iris views art as a very relaxing hobby and often finds herself drawing in her free time. 167
Supervising Profesional Artist: Chunhui Meng (Michelle Meng) Michelle has taught art lessons for 20 years and counting. Prior to teaching, she completed her years of education at Tianjin Academy of Fine Arts in China, majored in Fine Arts Education, and Wilfred Laurier University in Canada, majored in Fine Arts. Michelle fuses the western and eastern traditions and techniques in her teaching and in her art works. Between her teaching years, she also worked as a graphic designer and Jewelry designer for a few years. She’s also a local Artist and serves as judge for art competitions.
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Summary of Piece
My piece is called "Creeks Through Dublin." I've always felt like creeks are an underappreciated part of Dublin. Most people acknowledge their existence, but not many take time to appreciate the beauty surrounding them. They have also been in Dublin since the city was formed– they are everlasting, a permanent staple. They also hold somewhat of a sentimental value to me, as I often went on walks near these creeks when I was younger. The world seems much more vibrant when you're a child, and I brought that childlike feeling out through the vibrant colors and whimsical mood within my piece.
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Artist Qualification
Ryan Zhang (student)
I am currently a sophomore at American High School in Fremont. I enjoy drawing traditionally and digitally in my free time. I have taken a variety of classes in art, such as sketching, acrylic painting, digital illustration and digital art. I enjoy exploring different art forms and work hard to build solid foundation skills. Recently I received a Golden Key award (digital art) in the 2022 Scholastic Writing & Art contest. I plan to go into the art field in the future.

Kara Liu (student)
Kara is a 5th grade student at Warwick Elementary School in Fremont. Kara enjoys writing, drawing and playing musical instruments. Kara likes to get her friends together to participate in the school talent show.

Kate Zhang (student)
Kate is a 5th grade student at Warwick Elementary School in Fremont. Kate enjoys drawing, math, travel and music. Kate wishes to go to Paris after the pandemic is over.

Lulu Zhang (supervisor)
Lulu graduated from the Arts Education Department of South China Normal University in China.

She is currently working in the Internet advertising media industry in the Bay Area, specializing in graphic design and typography for media advertisement. She loves art and loves traveling.

She and her team are motivated to participate in community activities and support each other to make our community a better place.
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Design Rendering
See attached image file.

Title & Artist Statement
Dublin under the Sunset
The design shows a hiker overlooking the city of Dublin from a nearby hill. The city lights start to illuminate under the golden sunset. It is a beautiful and peaceful scene, yet full of liveliness.

The design is inspired by my hiking experience on the hillside trails around Dublin. 173
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CALL FOR ARTISTS
Utility Box Art Project
CALL ISSUE DATE: February 14, 2022
CALL DEADLINE: April 22, 2022, 4:00 p.m. PST
The City of Dublin invites qualified professional artists and student artists working under the supervision of a professional artist or art teacher to submit designs for painted utility boxes.

Utility Box Art is popular throughout the Bay Area as a cost-effective way to bring public art to City streets, define neighborhoods and deter graffiti. All the boxes are traffic signal cabinets owned by the City of Dublin. Boxes will be awarded to up to ten different artists based on design.

The City will pay a stipend of $1,000 to each artist or, if the artist is a student or student team, to the supervising professional artist or art teacher. The stipend is intended as an artist design fee as well as cover the cost of materials that will be necessary to paint the utility box.

Artists are responsible for preparing, painting, and sealing the utility boxes. The City will provide the materials to clean, primer and seal the utility box, while artists are required to provide all necessary painting materials.

Artwork created under this program is considered temporary artwork and the property of the City of Dublin. As such, the City retains the right and sole discretion to remove, modify or replace the artwork. Situations in which the City may exercise this right include if the image or utility box is damaged, if the artist fails to complete the painting as shown on the approved design rendering or if the artist fails to complete the painting in a timely fashion.

The artist’s name, artwork title, and photo of the artwork may be featured on the City of Dublin website and other promotional materials.

Attachment 2
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DESIGN THEME:
• Dublin is celebrating its 40th anniversary since its incorporation in 1982. The City is seeking proposals that illustrate events, milestones, landmarks, and/or Dublin’s diversity since its incorporation.
• In addition to the theme proposing artists are encouraged to review existing utility box art collection and develop proposals that are unique and unlike anything the City already has. To view the current utility box art collection please visit https://dublin.ca.gov/1928/Utility-Box-Art ARTWORK LOCATION:

The City of Dublin, incorporated in 1982, is one of the fastest growing communities in California. Dublin is in the Tri-Valley region, about 30 miles east of San Francisco, and is bordered by the cities of Pleasanton, Livermore and San Ramon.

All utility boxes are located at intersections within the City of Dublin. Please see Exhibit B for utility box locations, and photos.

Artists may specify which utility box they would like to paint, or if they have no preference. However, the City reserves the right to assign utility boxes at its discretion.

DESIGN SPECIFICATIONS:
• Artwork should align with the design them as stated above. • Artwork should follow the City’s Values, which are part of the adopted Mission and Vision statements. Values include safety, inclusivity, diversity, equality, and history. To view the City’s full Mission and Vision statements please visit www.dublin.ca.gov/72/Mission-Vision.
• Artwork must be suitable for all ages and in keeping with community values. • Artwork must be an original design and the artwork of the applicant. • Artwork must be painted in fade-resistant acrylic paint. • Artwork may include the artist’s signature, no larger than 5”x 7.” ART SELECTION PROCESS:

Staff will review applications for completeness. The Heritage and Cultural Arts Commission will review designs at its May 12, 2022, meeting and make recommendations to the City Council. The City Council will review recommended designs and select artists at its regular meeting June 21, 2022. These dates are tentative and subject to change.
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Selected artists will be asked to sign a Public Art Agreement, including standard liability waiver and release. In the case of underage artists, the City will enter into the agreement with the supervising professional artist or art teacher. Underage artists and underage painting assistants will be required to have a parent sign the liability waiver and release.

PROCESS:

City Staff will coordinate with the artist, other City departments and neighboring businesses or homeowners to select a mutually agreeable three-week painting period between July 1, 2022, and September 30, 2022.

Artists are responsible for prepping the utility box, painting the design, and sealing with a clear anti-graffiti coating. The City will provide supplies for the artist to prep and seal the utility boxes. Artists are responsible for purchasing their own painting supplies.

Artists are expected to clean and primer the utility box, paint the entire utility box including the side boxes and pipes, and for sealing the utility box when the painting is complete. Artists may not paint over key holes, meters or numbers.

Artists may enlist painting assistants. All painting assistants must sign a liability waiver and release. Underage painting assistants must have a parent sign the liability waiver and release.

Student artists must be supervised by a professional artist, who is ultimately responsible for the artwork of the student. Student artists must provide their professional artist’s qualifications with their application. Student artists and their teacher/professional artist will be required to meet with Staff prior to starting the project, to ensure they understand the City’s expectations.

Upon completion of the utility box, City Staff will meet with the artist at the site to inspect/approve the artwork and take a publicity photo of the artist with their completed utility box.
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PROPOSAL SPECIFICATIONS:

The proposal must be submitted as a digital file by email. Provide one digital copy (pdf or jpeg). A complete proposal will include the four elements listed below:
a. Completed Coversheet: Use form provided at the end of this application. b. Artist Qualifications: One page resume of each artist involved. Student artists should include their own biographies/resumes, no longer than one page, as well as that of the professional artist or art teacher who serves as the team’s supervisor.
c. Design Rendering: The provided template must be used for color renderings of your proposed design for the box (Exhibit A), showing all four sides and the top of the utility box. Artists may submit up to three separate designs. However, each proposed design must have its own separate color renderings page. If you wish to be considered for a specific box location or locations, please label the rendering with the utility box number. If you have no preference, label the rendering “Any.” Label each rendering with your name.
d. Title & Artist Statement: Provide a brief statement and title (100 words or less) about your proposed artwork. This could include your source of inspiration, the significance of the image(s) or a comment on the style or technique you have proposed. Each proposed design must have its own artist statement. 178
SUBMISSION DEADLINE:

All proposals must be received by Tyler Phillips, Heritage and Cultural Arts Supervisor by Friday, April 22, 2022, 4:00 PM. It is the responsibility of the applicant to verify the receipt of the electronic proposal by the scheduled deadline.

DIRECTIONS FOR SUBMITTAL:

Submit one digital copy (pdf or jpeg) by email to : [email protected] subject:
“Dublin Utility Box Project 2022.”
a) Completed Proposal Coversheet
b) One page resume
c) Design rendering using the provided utility box template (limit 3 designs) d) Title of the art and Artist Statement describing the design(s) COSTS INCURRED IN RESPONDING TO THE PROPOSAL:

The City of Dublin shall not be liable for any costs incurred by the artist(s) in responding to this request for a design proposal.

SUBMIT YOUR DIGITAL PROPOSAL PACKET AND COVERSHEET TO:

Staff: Tyler Phillips, Heritage & Cultural Arts Supervisor City of Dublin, Parks and Community Services
Phone: (925) 556-4558
Email: [email protected]
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PROPOSAL COVERSHEET:

Dublin 2022 Utility Box Art Project
Proposals will not be accepted after Friday, April 22, 2022, 4:00 PM.

Please indicate experience level:
 Professional Artist(s)  Student Artist(s), working under supervision of Art Professional Please indicate any specific box(es) you have proposed a design for, or check ‘No Preference’ if you would be willing to adapt your design(s) to fit any assigned location:
 1  4  7
 2  5  8  10
 3  6  9  Any
Artist: ____________________________________________________________ Co-Artist, if applicable_________________________________________________ Co-Artist, if applicable_________________________________________________ Address: _______________________________________________________________ City: __________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________ E-mail Address: ____________________________Website________________________ Signature of Artist: _____________________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Signature of Co-Artist, if applicable: _________________________________ Date: ________________ Supervising Art Professional, if applicable: _____________________________________ Address: _______________________________________________________________ City: __________________________________ State: ___________ Zip: ____________ Phone: _________________________________ Fax: __________________________ E-mail Address: ____________________________Website________________________ Signature of Supervising Art Professional: ____________________________ Date: ________________ 180
Utility Box Art Template
Please use this diagram or similar format of a utility box to show the image you would like to paint on the four sides and top of the box. Keep in mind that the City’s utility boxes vary in dimensions and size and will also have additional cabinets and meters on them.

This is a generic diagram to better illustrate how the design will appear on the utility box and will be provided to those reviewing the proposals.

Art Title: Top of Box
Back Left Side Front Right Side 181
City of Dublin Utility Box Art Program 2022
Exhibit B
All boxes are located at intersections within the City of Dublin, Ca. 182
BOX 1
San Ramon Rd & Silvergate Dr.

BOX 2
San Ramon Rd & Vomac Rd.
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BOX 3
Amador Valley Blvd & Donohue Dr
Next to the Dublin Senior Center.

BOX 4
Dublin Blvd & Inspiration Dr.

In front of Valley Christian Center
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BOX 5
Fallon Rd & Turnberry Dr
BOX 6
Fallon Rd & Cydonia Ct
185
BOX 7
Tassajara Rd & Palisades Dr.

BOX 8
Tassajara Rd & Wallis Ranch Dr
186
BOX 9
Tassajara Rd & Rutherford Dr.

BOX 10
Central Pkway & Chancery Ln.
187

STAFF REPORT

CITY COUNCIL

Agenda Item 4.6
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Budget Adjustment for the Purchase of Two Dual-Purpose Police Motorcycles Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY:

The City Council will consider a budget adjustment in the Vehicle Abatement Fund for the purchase of two all-electric Zero FXP dual-purpose police motorcycles from Elk Grove Power Sports.

STAFF RECOMMENDATION:

Approve the budget change.

FINANCIAL IMPACT:

Two all-electric Zero FXP dual-purpose police motorcycles will cost $35,720.66. There is sufficient fund balance in the Vehicle Abatement fund to make this purchase. There is no impact to the General Fund.

DESCRIPTION:

Dublin Police Services staff have conducted research into the use of dual-purpose police motorcycle for enforcement services, particularly with its ability to work areas not easily accessible to other response vehicles. This increased mobility decreases response times and provides additional options on how resources can be deployed. Dual-purpose motorcycles support a variety of law enforcement duties including vehicle abatement and traffic enforcement throughout congested streets, school campuses, parks, and unpaved rural areas.

Staff has found the all-electric Zero FXP dual-purpose motorcycle to best meet the needs of the Dublin Police Services. The Zero FXP was selected because of its capability, versatility, and durability. This motorcycle was also selected due to its ‘all-electric’ drivetrain, providing a cleaner environmental carbon footprint along with zero noise pollution. The Zero FXP has a battery range 188

between 46 to 91 miles and a full battery charge can be completed in just over an hour. The motorcycle is equipped with a modular battery system allowing batteries to be removed from the body and charged conveniently from a 110v outlet or 220v outlet.

Staff conducted extensive research and the lowest cost presented for two 2022 Zero FXP dualpurpose motorcycles is Elk Grove Power Sports. The competitive pricing obtained is shown in the Tables below:

COMPARISON PRICING – TWO 2022 ZERO FXP DUAL-PURPOSE MOTORCYCLES (Includes Purchase Price, Sales Tax, and Documentation Fee)

DEALER TOTAL COST
Elk Grove Power Sport $35,720.66
SF Moto $37,432.46
San Jose BMW/Vespa $38,000.00
Staff has obtained written approval from the Alameda County Abandoned Vehicle Abatement Authority to utilize funds in this account for the purchase of these motorcycles, however the purchase requires the City Council to adjust the budget accordingly. Once in service, the motorcycles will be placed on the internal service budgeting schedule for future replacement.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Budget Change Form
189
Attachment 1
Budget Change Reference #:

From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
2102.2111.72108 $35,720.66
6/7/2022
Posted By: Date:

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

CITY OF DUBLIN
Utilization of Alameda County Vehicle Abatement Fund to purchase two electric Zeromotorcycles

REASON FOR BUDGET CHANGE
FISCAL YEAR 2021-22

BUDGET CHANGE FORM

DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: Vehicle Abatement Fund - Police - Police Vehicles
City Council's Approval Required
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@B00D798A\@[email protected] @[email protected] 190

STAFF REPORT

CITY COUNCIL

Agenda Item 4.7
DATE: June 7, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Inspiration Drive Memory Care Project (PLPA-2020-00044) Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:

On May 17, 2022, the City Council held a Public Hearing to consider the Inspiration Drive Memory Care project consisting of a 55-bed memory care facility on Parcel 2 of the Valley Christian Center property. Requested approvals included a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center, a Site Development Review Permit, a Street Vacation, and a Purchase and Sale Agreement for the unused street right-of-way. The City Council waived the first reading and introduced the Planned Development Ordinances and adopted Resolutions approving the Site Development Review Permit, a Street Vacation, and a Purchase and Sale Agreement. The City Council will hold a second reading of Ordinances approving the Planned Development Rezone for the project and amending Planned Development Ordinance No. 07-03 for the Valley Christian Center.

STAFF RECOMMENDATION:

Waive the reading and: 1) adopt the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District With a Related Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project; and 2) adopt the Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center.

FINANCIAL IMPACT:

The costs associated with processing the proposed projects are borne by the Applicant. 191

DESCRIPTION:

The project site is part of the Valley Christian Center property. The Valley Christian Center is located on approximately 51 acres at 7500 Inspiration Drive in the westerly portion of Dublin. The Valley Christian Center property includes four separate parcels as shown in Figure 1. The property has a General Plan land use designation of Public/Semi-Public. The property is subject to Planned Development (PD) Zoning (Ordinance No. 07-03), which was approved as part of the original Valley Christian expansion program in 2003. The PD has been amended over time to reflect the changing needs for church facilities.

Figure 1. Project Location
The Applicant proposes to construct the Inspiration Drive Memory Care project, consisting of a 55- bed memory care facility, on Parcel 2 of the Valley Christian Center property. Requested approval include a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center, a Site Development Review Permit, a Street Vacation, and a Purchase and Sale Agreement for the unused street right-of-way.

On May 17, 2022, the City Council waived the first reading and introduced the Ordinances amending the zoning map and approving the Planned Development Zoning District with the Stage 1 and Stage 2 Development Plan for the project and amending Planned Development Ordinance No. 07-03 for the Valley Christian Center. The City Council also adopted Resolutions approving the Site Development Review Permit, a Street Vacation, and a Purchase and Sale Agreement. A copy of the staff report for the May 17, 2022 meeting, without attachments, is included as Attachment 3.

The City Council is being asked to hold a second reading and adopt the Ordinances. The Ordinance for the Inspiration Drive Memory Care project is included as Attachment 1 and the Ordinance 192