June 21, 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 21, 2022 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:00 PM
REGULAR MEETING 7:00 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 21, 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 21, 2022 Dublin City Council Regular Meeting Agenda 2
CLOSED SESSION 6:00 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1 Employee Introductions
New City of Dublin Staff members, Wendy Lam, Senior Accountant in the Administrative Services Department, and Chloe Partain, Summer Intern in the Community Development Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff members.
Staff Report
3.2 Presentation from Dublin San Ramon Services District on Drought and Water Conservation
The City Council will receive a presentation from Dublin San Ramon Services District General Manager Dan McIntyre regarding the drought and water conservation.
STAFF RECOMMENDATION:
Receive the 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.
4.1 Approval of the June 7, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the June 7, 2022 Regular City Council Meeting.
2 June 21, 2022 Dublin City Council Regular Meeting Agenda 3
STAFF RECOMMENDATION:
Approve the minutes of the June 7, 2022 Regular City Council Meeting.
Staff Report
Attachment 1 - June 7, 2022 Regular City Council Meeting Minutes
4.2 Artwork Selection: Tri-Valley “Picture This” Temporary Public Art Project The City Council will consider approving the “Picture This” temporary public art project selections. The project is being coordinated in collaboration with neighboring Tri-Valley cities. It will feature decorated, oversized picture frames in prominent and picturesque locations throughout the Tri-Valley, including eight in Dublin.
STAFF RECOMMENDATION:
Approve the proposals for the “Picture This” temporary public art project.
Staff Report
Attachment 1 – “Picture This” Temporary Art Public Art Project Design Proposals
4.3 City Proclamation for the Month of July
The City Council will consider the following proclamation for the month of July in the City of Dublin: Pledge to America's Workers Month.
STAFF RECOMMENDATION:
Approve the proclamation.
Staff Report
Attachment 1 - Pledge to America's Workers Proclamation
4.4 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from May 1, 2022 - May 31, 2022 totaling $12,957,471.28.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Payment Issuance Report for May 2022
4.5 Memorandum of Understanding for 2022 Eastern Alameda County Human Services Needs Assessment
The City Council will consider entering a Memorandum of Understanding with the cities of Livermore and Pleasanton to fund and complete an updated Eastern Alameda County Human Services Needs Assessment.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Memorandum of Understanding between the City of Dublin, City of Livermore, and City of Pleasanton for Execution of an Update to the 2011 Eastern Alameda County Human Services Needs Assessment.
Staff Report
Attachment 1 - Resolution Approving a Memorandum of Understanding Between the City of Dublin, City of Livermore, and City of Pleasanton for Execution of an Update to the 2011 Eastern Alameda County Human Services Needs Assessment Attachment 2 - Exhibit A to the Resolution - Memorandum of Understanding
3 June 21, 2022 Dublin City Council Regular Meeting Agenda 4
4.6 Agreement with Advanced Integrated Pest Management for Pest Control Services The City Council will consider approving an agreement with Advanced Integrated Pest Management for pest control services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Advanced Integrated Pest Management for Pest Control Services.
Staff Report
Attachment 1 - Resolution Approving an Agreement with Advanced Integrated Pest Management for Pest Control Services
Attachment 2 - Exhibit A to the Resolution - Agreement with Advanced Integrated Pest Management for Pest Control Services
Attachment 3 - Request for Proposals - Pest Control Services Attachment 4 - Proposal - Advanced Integrated Pest Management
4.7 Approval of Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’s Bid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project, CIP No. ST0117 and ST0120, Federal Aid No. STPL-5432 (021)
The City Council will consider approving the plans and specifications, approving relief of Ghilotti Construction Company, Inc.’s bid, waiving minor bid irregularities, and awarding a construction contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project. The project will perform pavement repairs, asphalt concrete overlay, and other roadway improvements on Dublin Boulevard between Scarlett Drive and Hacienda Drive.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’s Bid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project (CIP No. ST0117 and ST0120, STPL-5432 (021)).
Staff Report
Attachment 1 - Resolution Approving the Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’s Bid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros. Inc.
Attachment 2 - CIP No. ST0117 and ST0120
Attachment 3 - Bid Results
Attachment 4 - Ghilotti Construction Company, Inc.’s Letter Request for Relief of Bid Attachment 5 - CEQA Exemption / NEPA Categorical Exclusion Determination Form
4.8 General Municipal Election - November 8, 2022
The City Council will consider requesting the Alameda County Board of Supervisors consolidate the City of Dublin Municipal Election with the Statewide General Election.
The City Councilmembers will determine whether the statement of qualifications each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words and whether the City or each candidate should pay the costs associated with printing their candidate statement.
STAFF RECOMMENDATION:
Take the following actions: 1) adopt the Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 8, 2022, Requesting the Alameda 4 June 21, 2022 Dublin City Council Regular Meeting Agenda 5
County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof; and 2) affirm Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices.
Staff Report
Attachment 1 - Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 8, 2022, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof Attachment 2 - Code of Fair Campaign Practices
Attachment 3 - Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices
4.9 Consulting Services Agreement with Hinderliter, de Llamas and Associates for Sales Tax Analysis, Audit and Information Services; and Authorization to Examine Sales and Use Tax Records
The City Council will consider approving an agreement with Hinderliter, de Llamas and Associates (HdL) for Sales Tax Analysis, Audit and Information services. In addition, The California Department of Tax and Fee Administration (CDTFA), requires that the City reestablish the authorization of designated representatives, with HdL, every time a new agreement if put into place, to comply with the current requirements of Section 7056 of the California Revenue and Taxation Code which sets forth the requirements and conditions for the disclosure of CDTFA records.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Consulting Services Agreement between the City of Dublin and Hinderliter, de Llamas and Associates, and adopt the Resolution Authorizing Examination of Sales and Use Tax Records.
Staff Report
Attachment 1 - Resolution Approving a Consulting Services Agreement between the City of Dublin and Hinderliter, de Llamas and Associates
Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement with Hinderliter, de Llamas and Associates for Sales Tax Analysis, Audit and Information Services
Attachment 3 - Resolution Authorizing Examination of Sales and Use Tax Records Attachment 4 - Request for Proposal Municipal Sales/Use Tax Auditing Economic Analysis Services
4.10 Consulting Services Agreement with Chandler Asset Management for Investment and Asset Management Services
The City Council will consider approving an agreement with Chandler Asset Management for Investment and Asset Management Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and Chandler Asset Management.
Staff Report
5 June 21, 2022 Dublin City Council Regular Meeting Agenda 6
Attachment 1 - Resolution Approving a Consulting Services Agreement between the City of Dublin and Chandler Asset Management
Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement with Chandler Asset Management for Investment and Asset Management Services Attachment 3 - Request for Proposals - Investment Advisory Services
4.11 Second Amendment to the Agreement with Management Partners The City Council will consider approving a second amendment to the agreement with Management Partners for consulting services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Second Amendment to the Agreement with Management Partners for Consulting Services.
Staff Report
Attachment 1 - Resolution Approving a Second Amendment to Consulting Services Agreement Between the City of Dublin and Management Partners Attachment 2 - Exhibit A to the Resolution - Second Amendment to the Agreement with Management Partners
Attachment 3 - Consulting Services Agreement Between the City of Dublin and Management Partners
Attachment 4 - First Amendment to the Consulting Services Agreement Between the City of Dublin and Management Partners.pdf
4.12 Five-Year Review of Fire and Emergency Response Services Contract with Alameda County Fire Department
The City Council will receive a five-year evaluation report on fire and emergency response services provided under contract by the Alameda County Fire Department.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
4.13 Annual Update to the Master Fee Schedule
The City Council will consider adopting an annual update to the Master Fee Schedule as prescribed by the City’s User Fee Cost Recovery Policy (Resolution 160-12).
STAFF RECOMMENDATION:
Adopt the Resolution Adopting an Annual Update to the Master Fee Schedule for Services Provided by the City.
Staff Report
Attachment 1 - Resolution Adopting an Annual Update to the Master Fee Schedule for Service Provided by the City
Attachment 2 - Exhibit A to the Resolution - City of Dublin Master Fee Schedule, FY 2022- 23 Attachment 3 - City of Dublin Master Fee Schedule Prior to Rounding
4.14 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 6 June 21, 2022 Dublin City Council Regular Meeting Agenda 7
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; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361
4.15 Dublin Senior Living Project (PLPA-2021-00042)
On June 7, 2022, the City Council held a Public Hearing to consider the Dublin Senior Living Project consisting of a two-story, 155,517- square -foot building with 152 units, including 114 assisted living units, 38 memory care units and a total of 174 beds. The City Council waived the first reading and introduced the Ordinance approving the Planned Development Zoning and adopted a Resolution approving the Site Development Review Permit. The City Council will hold a second reading of the Ordinance approving the Planned Development Zoning.
STAFF RECOMMENDATION:
Waive the reading and adopt 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.
Staff Report
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 - City Council Staff Report June 7, 2022 without Attachments
4.16 Special Designation of General Fund Reserves for Fiscal Year 2021-22 In accordance with the City's Fund Balance and Reserves Policy, the City Council will consider special designations of General Fund reserves for Fiscal Year 2021-22. 7 June 21, 2022 Dublin City Council Regular Meeting Agenda 8
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2021-22.
Staff Report
Attachment 1 - Resolution Authorizing a Special Designation of General Fund Reserves for Fiscal Year 2021-22
Attachment 2 - Fiscal Year 2021-22 General Fund Reserves.pdf
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING
6.1 Tri-Valley Transportation Development Fee Adoption
The City Council will consider adopting the Tri-Valley Transportation Development Fee pursuant to the requirements of the Joint Exercise of Powers Agreement of the Tri-Valley Transportation Council.
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, and adopt the Resolution Adopting the Tri-Valley Transportation Development Fee Pursuant to the Requirements of the Joint Exercise of Powers Agreement.
Staff Report
Attachment 1 - Resolution Adopting the Tri-Valley Transportation Development Fee Pursuant to the Requirements of the Joint Exercise of Powers Agreement Attachment 2 - Exhibit A to the Resolution - TVTC Resolution No. 2021-10 and 2020 Nexus Study
Attachment 3 - Exhibit B to the Resolution - AB 602 Supplemental Analysis Attachment 4 - Exhibit C to the Resolution - TVTC Resolution No. 2022-07 and 2022 Strategic Expenditure Plan Prioritization of Projects, and Funding Plan Item 6.1 - PowerPoint Presentation
6.2 Street Lighting Maintenance District 1983-1; Landscape and Lighting District 1983-2; Landscape and Lighting District 1986-1; Landscape and Lighting District 1997-1; Street Lighting District 1999-1
The City Council will consider approving the Engineer’s Reports and the levy of special assessments in each of the five assessment districts for Fiscal Year 2022-23. A public hearing is required to set the annual levy.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt the Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin 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 District 1999-1.
Staff Report
Attachment 1 - Resolution Approving the Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin 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 District 1999-1
8 June 21, 2022 Dublin City Council Regular Meeting Agenda 9
Attachment 2 - City Council Staff Report dated May 17, 2022 (without attachments) Attachment 3 - Engineer's Report for Street Lighting Maintenance District 1983-1 Attachment 4 - Engineer's Report for Landscaping and Lighting District 1983-2 Attachment 5 - Engineer's Report for Landscaping and Lighting District 1986-1 Attachment 6 - Engineer's Report for Landscaping and Lighting District 1997-1 Attachment 7 - Engineer's Report for Street Lighting Maintenance District 1999-1 Item 6.2 - PowerPoint Presentation
6.3 Adoption of Rates for Garbage Collection, Disposal, and Recycling Services Provided by Amador Valley Industries and Establishing the 2022-23 Annual Assessment The City Council will consider adopting two separate resolutions establishing the garbage rates effective July 1, 2022 and establishing the Fiscal Year 2022-23 refuse-related property tax assessment. The proposed rates include the costs associated with implementing California State Senate Bill (SB) 1383, which created regulations to increase the diversion of organic waste from landfills.
STAFF RECOMMENDATION:
Conduct a public hearing, deliberate, and adopt the Resolution Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2022- 23; and adopt the
Resolution Amending the Schedule of Service Rates
for Integrated Solid Waste Services.
Staff Report
Attachment 1- Resolution Approving and Establishing the Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2022-2023 Attachment 2- Resolution Amending the Schedule of Service Rates for Integrated Solid Waste Services
Attachment 3 - Exhibit A to the Resolution - Proposed Adjustment to Garbage Company Rates
Attachment 4 - Methodology Used for Fiscal Year 2022-2023 Annual Garbage Rate Adjustment in Accordance with Agreement Between City of Dublin and Amador Valley Industries
Attachment 5 - Proposed vs. Current Rates
Attachment 6 - Local Area Rate Comparison
Item 6.3 - PowerPoint Presentation
6.4 Dublin Districts—Public Hearing 3: Draft District Map Review and Community Feedback Opportunity
The City Council will hold a public hearing to give the community an opportunity to provide feedback regarding the boundaries and composition of the draft maps. At the February 15, 2022, meeting, the City Council adopted a Resolution Declaring its Intention to Transition From an At-Large Election System to a District-Based Election System. The City has held two Public Hearings, in accordance with Elections Code section 10010, for the community to provide input on the composition of the districts prior to any maps being drawn. The City must now hold two additional public hearings over a period of no more than 45 days for the public to provide input regarding draft maps, sequence of elections, communities of interest, and potential district boundaries, and to provide direction on draft maps options and refinements. Maps considered at this meeting must have been published at least seven days before the public hearing. Representatives from 9 June 21, 2022 Dublin City Council Regular Meeting Agenda 10
National Demographics Corporation will provide a brief presentation prior to the public hearing to review the draft maps and legal criteria for district maps.
STAFF RECOMMENDATION:
Receive the presentation, open the public hearing, receive public comment, provide direction to staff regarding preferred configurations and changes to draft maps, close the public hearing.
Staff Report
Attachment 1 - Draft Maps
Item 6.4 - PowerPoint Presentation
Item 6.4 – SB 343
UNFINISHED BUSINESS
7.1 Informational Report on Efforts to Facilitate Accessory Dwelling Unit Production The City Council will receive an informational report on City efforts to facilitate the production of Accessory Dwelling Units, including preparation of permit-ready prototype plans and an Accessory Dwelling Unit Manual.
STAFF RECOMMENDATION:
Receive report.
Staff Report
Attachment 1 - ADU Manual
Item 7.1 - PowerPoint Presentation
7. NEW BUSINESS – None.
8. 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.
10 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introductions
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
New City of Dublin Staff members, Wendy Lam, Senior Accountant in the Administrative Services Department and Chloe Partain, Summer Intern in the Community Development Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff members.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff members, Wendy Lam, Senior Accountant in the Administrative Services Department and Chloe Partain, Summer Intern in the Community Development Department, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
11 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the June 7, 2022 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the June 7, 2022 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the June 7, 2022 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) June 7, 2022 Regular City Council Meeting Minutes
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the June 7, 2022 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
12 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: June 7, 2022
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 7, 2022
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
CLOSED SESSION 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
A Regular Meeting of the Dublin City Council was held on Tuesday, June 7, 2022, in the City Council Chamber. The meeting was called to order at 5:37 PM., by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Jean Josey, Vice Mayor Present
Shawn Kumagai, Councilmember Present
Michael McCorriston, Councilmember Present
Dr. Sherry Hu, Councilmember Present
2) REPORT OUT OF CLOSED SESSION
Mayor Hernandez reported there was nothing to 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, was introduced.
3.2) Youth Advisory Committee Annual Presentation
Attachment 1
13 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 7, 2022
The City Council received a presentation from the Youth Advisory Committee on its activities and accomplishments during the 2021-22 term.
3.3) Public Comment
Mayor's Council provided public comment.
Golden Shao provided public comment.
Shawn Costello provided public comment.
4) CONSENT CALENDAR
4.1) Approved the May 17, 2022 Special and Regular City Council Meeting Minutes.
4.2) Adopted Resolution No. 56-22 titled, “Adopting a List of Projects Funded in Fiscal Year 2022-23 by Senate Bill 1, the Road Repair and Accountability Act of 2017.”
4.3) Adopted Resolution No. 57-22 titled, “Adopting an Appropriations Limit for Fiscal Year 2022-23.”
4.4) Adopted Resolution No. 58-22 titled, “Approving an Agreement with HERC Rentals for Electrical Equipment Rental for City-Produced Events,” Resolution No. 59-22 titled, “Approving an Agreement with Prime Time Entertainment for Lighting and Sound Services for City-Produced Events,” and Resolution No. 60-22 titled, “Approving an Agreement with Special Events Rentals for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events.”
4.5) Approved the Heritage and Cultural Arts Commission’s recommendations for the 2022 Utility Box Art Program.
4.6) Approved the budget change for the Purchase of Two Dual-Purpose Police Motorcycles.
4.7) Waived the reading, adopted Ordinance No. 05-22 titled, “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 waived the reading and adopted Ordinance No. 06-22 titled, “Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center.”
4.8) Inspiration Drive Assisted Living Project (PLPA-2020-00045) Item was pulled from the Consent Calendar.
Motion by Councilmember Kumagai, seconded by Councilmember Hu, and by a three-to-two vote, the City Council waived the reading and adopted Ordinance No. 07-22 titled “Amending the 14 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 7, 2022
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: ADOPTED [Three to Two Vote]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Dr. Sherry Hu, Councilmember
AYES: Kumagai, McCorriston, Hu
NOES: Josey, Hernandez
4.9) Adopted Resolution No. 61-22 titled, “Approving an Agreement with the County of Alameda for Additional Library Services for Fiscal Year 2022-23.”
4.10) Adopted Resolution No. 62-22 titled, “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.”
4.11) Adopted Resolution No. 63-22 titled, “Approving a Software-as-a-Service (SAAS) Agreement with Recyclist for Senate Bill 1383 Recordkeeping.”
4.12) Adopted Resolution No. 64-22 titled, “Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin, Dublin Plaza, and Box World.”
4.13) Adopted Resolution No. 65-22 “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.”
4.14) Directed Staff to review the City’s Conflict of Interest Code and take the appropriate action.
4.15) Adopted Resolution No. 66-22 titled, “Approving the Agreement with ECS Imaging, Inc. for Scanning and Imaging Services Related to City Records.”
4.16) Adopted Resolution No. 67-22 titled, “Approving the Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year 2022-23.”
4.17) Adopted Resolution No. 68-22 titled, “Approving a Software User Agreement with Brightly Software, Inc.”
4.18) Adopted Resolution No. 69-22 titled, “Approving Agreements for On-Call Audio Visual Technology Engineering Design Services.”
15 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 7, 2022
4.19) Confirmed 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.
Motion by Councilmember Kumagai, seconded by Vice Mayor Josey, and by unanimous vote, the City Council adopted the Consent Calendar items, except item 4.8.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Jean Josey, Vice Mayor
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
5) WRITTEN COMMUNICATION - None.
6) PUBLIC HEARING
6.1) Dublin Senior Living Project (PLPA-2021-00042)
The City Council received a presentation on a proposed project to develop a community care facility located at 5751 Arnold Road. The proposed project consists of a two-story, 155,517- square-foot building with 152 units, including 114 assisted living units, 38 memory care units and a total of 174 beds.
Mayor Hernandez opened the public hearing.
Upon receiving no public comment, Mayor Hernandez closed the public hearing.
Motion by Vice Mayor Josey, seconded by Councilmember McCorriston, and by unanimous vote, the City Council waived the reading and introduced 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 adopted Resolution No. 70-22 titled, “Approving a Site Development Review Permit for the Dublin Senior Living Project.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Michael McCorriston, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
6.2) Proposed Budget for Fiscal Years 2022-23 and 2023-24 The City Council received a presentation on the Proposed Budget for Fiscal Years 2022-23 and 2023-24 and related salary plans.
16 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 7, 2022
Mayor Hernandez opened the public hearing.
Upon receiving no public comment, Mayor Hernandez closed the public hearing.
Motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and by unanimous vote, the City Council adopted Resolution No. 71-22 titled, “Adopting a Budget for the City of Dublin for Fiscal Year 2022-23,” Resolution No. 72-22 titled, “Establishing a Salary Plan for Full-Time Personnel in Accordance with the Personnel Rules,” and Resolution No. 73-22 titled, “Establishing a Salary Plan for Management Positions Exempt from Competitive Service.” RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
6.3) Adopting the Five-Year Capital Improvement Program 2022-2027 The City Council received a presentation on the Five-Year Capital Improvement Program which contains public capital projects proposed for completion from Fiscal Year 2022-23 through Fiscal Year 2026-27.
By consensus, the City Council directed Staff to do a study on adding a digital marquee sign at Emerald Glen Park.
Mayor Hernandez opened the public hearing.
Upon receiving no 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. 47-22 titled, “Adopting the Five-Year Capital Improvement Program 2022-2027.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
7) UNFINISHED BUSINESS – None.
8) NEW BUSINESS - None.
9) OTHER BUSINESS
17 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 7, 2022
The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
Mayor Hernandez recognized the passing of former Dublin City Councilmember Valerie Barnes and asked for a moment of silence.
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 8:38 p.m. in memory of former Dublin City Councilmember Valerie Barnes.
Mayor
ATTEST:
City Clerk
18 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Artwork Selection: Tri-Valley “Picture This” Temporary Public Art Project Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:
The City Council will consider approving the “Picture This” temporary public art project selections. The project is being coordinated in collaboration with neighboring Tri-Valley cities. It will feature decorated, oversized picture frames in prominent and picturesque locations throughout the Tri-Valley, including eight in Dublin.
STAFF RECOMMENDATION:
Approve the proposals for the “Picture This” temporary public art project.
FINANCIAL IMPACT:
The cost for the project is estimated at $7,200. Funding for temporary art projects is included in the Parks and Community Services Department’sannual operating budget and is funded by the Public Art Fund.
DESCRIPTION:
Background
In October 2019, the City Council approved an annual temporary art display program. Each year, the Staff works with the Heritage and Cultural Arts Commission (Commission) to identify the program that will be developed and implemented each year.
For this project, the City collaborated with neighboring cities to participate in a regional temporary art program that would combine the individual efforts of each city to create a temporary art program that spans the Tri-Valley.
19
“Picture This”
“Picture This” is a temporary public art program that features oversized painted wood picture frames in prominent locations around Dublin and the Tri-Valley. The picture frames will be approximately 4ft wide by 3ft tall and mounted approximately 3ft off the ground, standing no more than six feet high. The decorated area will be the approximately six-inch wide frame border that artists are commissioned to paint.
The frames will be placed in prominent and notable locations such as City parks, facilities, and open spaces. The intent is to “frame” a picturesque backdrop in which one might want to be photographed.
An artist stipend of $300 will be made available to each selected artist, and it is estimated that each wood frame will cost around $300 to build and install. Lastly, additional funding for interpretative signage, advertising, marketing, and outreach will be necessary. Each participating city will cover its own cost for artist stipends and material costs, while advertising, marketing, and outreach would be a joint effort with costs shared.
At its April 14, 2022, meeting, the Heritage and Cultural Arts Commission provided feedback and comments to finalize the details of the temporary art project. This feedback included identifying locations for frames to be placed and selecting a representative to serve on an ad-hoc joint selection committee comprising representatives from other participating cities.
On May 12, 2022, a joint Call for Artists seeking design proposals was issued. The open call was publicized through social media, direct emails, and contact with arts organizations. The deadline to apply was May 27, 2022.
Over 80 responses were received during the open submission period. On May 31, 2022, a meeting of the ad-hoc joint selection committee reviewed design proposals and recommended eight to be located throughout Dublin. These proposals, including the intended display location, are included in Attachment 1.
It is anticipated the artworks will be unveiled in July 2022 and on display through early fall.
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) “Picture This” Temporary Art Public Art Project Design Proposals 20 Tri-Valley Public Art
“Picture This”
Dublin Selections
Attachment 1
21 Dublin #1
Vanessa Thomas
Inclusive Heart
(Civic Center)
Attachment 1
22 Dublin #2
Sawsan Jari
As Seen on TV
(Library/DSG)
Attachment 1
23 Dublin #3
Sophia Lee
Submarine Portal
(Emerald Glen Park)
Attachment 1
24 Dublin #4
Elle Grintsaig
Butterfly Garden
(Butterfly Knoll Park)
Attachment 1
25 Dublin #5
Rekha Joshi
Beauty of Tri-Valley
(Heritage Park)
Attachment 1
26 Dublin #6
Vanessa Stafford
Egret in the River
(Alamo Creek Trail)
Attachment 1
27 Dublin #7
Swati Rastogi
Mandala Design
(Fallon Sports Park)
Attachment 1
28 Dublin #8
RanjiniVenkatachari
Poppies
(Sunrise Park)
Attachment 1
29 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Proclamation for the Month of July
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will consider the following proclamation for the month of July in the City of Dublin: Pledge to America’s Workers Month.
STAFF RECOMMENDATION:
Approve the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider the following proclamation for the month of July:
1. Pledge to America’s Workers Month
Pledge to America’s Workers Month, a federal initiative, celebrates the resilience and unlimited potential of America’s workers and industries by honoring State and private- sector organizations that have pledged to train, educate, and reskill American workers; and reaffirm our unparalleled support for our workforce amidst the COVID-19 pandemic.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
30
ATTACHMENTS:
1) Pledge to America’s Workers Month Proclamation
31 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Pledge to America’s Workers Month”
WHEREAS, in July 2018, President Trump signed an Executive Order establishing the President’s National Council for the American Worker. The Council, made up of 14 Federal agencies, is charged with developing a national strategy for training and reskilling workers for high-demand occupations and the industries of the future; and WHEREAS, in Alameda County, the Alameda County Workforce Development Board supports the business community, higher education, economic development, labor, government, and community-based organizations in helping prepare them for training skilled workers; and
WHEREAS, the Alameda County Workforce Development Board provides employers and job seekers with universal access to tools, resources, and services that assist them with obtaining employment and is working to develop layoff aversion strategies with increasing demand during the COVID-19 pandemic; and
WHEREAS, the Alameda County Workforce Development Board is a useful resource for job seekers in Alameda County and has provided the following services to adults and dislocated workers during the last year: 631 participants enrolled into WIOA Title I program, $433,302 invested in occupational training, 87 participants earned industry-recognized credentials, 314 participants entered employment.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim July 2022 as “Pledge to America’s Workers Month” in the City of Dublin to acknowledge, support, and educate its citizens on the resources available in Alameda County for workers seeking career and occupational support.
DATED: June 21, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey
Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 32 STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY:
The City Council will receive a listing of payments issued from May 1, 2022 – May 31, 2022 totaling $12,957,471.28.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
SUMMARY OF PAYMENTS ISSUED
May 1, 2022 – May 31, 2022
Total Number of Payments: 370
Total Amount of Payments: $12,957,471.28
DESCRIPTION:
The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning May 1, 2022 through May 31, 2022. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No. 189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures.
The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an 33
audited comprehensive annual financial report.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Payment Issuance Report for May 2022
34 Print Date: 06/01/20
22 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/02/2022 ACTIVE NETWORKS, LLC 51,000.00 RECREATION SOFTWARE ANNUAL SE RVICES 05/02/2022 ANGEL HOUZE CLAY ART 900.00 REC CLASS I NSTRUCTOR 05/02/2022 ARORA, AKSHAY 5, 041.20 REC CLASS IN STRUCTOR 05/02/2022 AT&T 1,802.67 CI VIC CENTER FIBER SERVICES
480.00 CIVIC CENTER FIBER SERVICES
Check Total: 2,282.67
05/02/2022 AT&T - CALNET 3 1,209.96 SERVICE TO 04/12/2022 624.80 SERVICE TO 04/14/2022
Check Total: 1,834.76
05/02/2022 BAY ALARM COMPANY 642.78 ALARM SERVICES - HERITAGE CENTER
10.00 ALARM SERVICES - WAVE SNACK BAR
Check Total: 652.78
05/02/2022 BAY AREA AIR QUALITY MGMT DIST 434.00 AIR QUALITY ANNUAL PERMIT 05/02/2022 CAL ENGINEERING & GEOLOGY INC 7,335.00 ENGINEERING SERVICES - MAR 2022 05/02/2022 CALIFORNIA SPIRIT ELITE, I NC. 3,528.00 REC CLASS INSTRUCTOR 05/02/2022 CARBONIC SERVICE 1,048.54 POOL CHEMICALS
05/02/2022 COMCAST 2,117.13 INTERNET/CABLE SVC VARIOUS CITY DEPTS 05/02/2022 DELL MARKETING L.P. 82, 492.21 COMPUTERS AND MONIT ORS 05/02/2022 DEPT OF CONSERVATION 8,439.23 SEISMIC HAZARD MAPPING FEE JAN-MAR 2022 05/02/20
22 DIV OF THE STATE ARCHITE CT 186.00 DIVISION OF STATE ARCHITECT CASP JAN-MAR 20 22 05/02/2022 EAST BAY REGIONAL PARK DIST 39,090.67 MAINT TASSAJARA CREEK/ALAMO CANAL TRAILS 05/02/2
022 FERGUSON, ROBERT 1,314.00 REC CLASS IN STRUCTOR
05/02/2022 GUIDA SURVEYING INC. 1,000.00 ENGINEERING SERVICES - FEB 2022
300.00 ENGINEERING SERVICES - MAR 2022
Check Total: 1,300.00
05/02/2022 HAIR EMPORIUM 4,901.48 COMMERCIAL F ACADE IMPROV GRANT REIMB 05/02/2022 HD SUPPLY CONST & INDUSTRIAL 132.64 OFFICE SUPPLY - DIGITAL BOX LEVEL 05/02/2
022 HDL COREN & CONE 1,764.96 PROPERTY TAX CONSULTING SERVICES APR-JUN 2022 05/02/2022 HOME GUARD, INC. 171. 60 REFUND BUILDING PERMIT FEE 05/02/2
022 INTEGRA PLANNING & LANDSCAPE 1,417.50 ENGINEERING SERVICES – F EB 2022 540.00 ENGINEERING SERVICES - MAR 2022
Check Total: 1,957.50
05/02/2022 JOSEY, JEAN 239.54 REIMB NLC CONGRESSIONAL CITIES CONF EXPENSES 05/02/20
22 KIMLEY-HORN AND ASSO C. INC. 3,207.05 ENGINEERING SERVICES - FEB 2022 14,795.00 ENGINEERING SERVICES - JAN 2022
7,250.00 ENGINEERING SERVICES - MAR 2022
41,162.75 HOUSING ELEMENT UPDATE CONSULTING SERVICES
31,432.30 SCS DUBLIN ENVI RONMENTAL IMPACT REPORT
Check Total: 97,847.10
05/02/2022 KITTELSON & ASSOCIATES, I NC. 2,471.25 ENGINEERING SERVICES 05/02/20
22 KNIGHTS OF COLUMBUS 130.00 RED, BLUE, & GOLD EVENT - MAYOR HERNANDEZ 05/02/2022 LANLOGIC INC. 1,050.00
MALWARE PROTECTION SERVICES
425.00
NETWORK MONITORING SERVICES
Check Total: 1,475.00
05/02/2022 LEAGUE OF CALIFORNIA CITIES 150.00 CA CITIES EAST BAY DIV MEETING-3 ATTENDEES 05/02/2022 LOGOBOSS 47.91 CODE ENFORCEMENT STAFF HATS
05/02/2022 MACLEOD WATTS INC. 11,600. 00 ACTU ARIAL CONSULTING SERVICES 05/02/2022 MAKE ME A PRO SPORTS 2,970.00 REC CLASS I NSTRUCTOR 05/02/2022 MANAGEMENT PARTNERS INC. 525.00 EXECUTIVE COACHING-RECREATION MANAGER 05/02/202
2 MEYERS NAVE 13,073.50 LEGAL SERVICES COST ONLY INVOICE MAR 2022 Attachment 1
35 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/02/2022 MICHAEL BAKER INT'L, INC. 11,685.00 CONSULTING SVCS-AFFORDABLE RENTAL HOUSING 05/02/2022 NICHOLS CONSULTING ENGINEERS 6,437.50 ENGINEERING SERVICES - APR 2022
12,178.75 ENGINEERING SERVICES - FEB 2022
Check Total: 18,616.25
05/02/2022 OFFICE TEAM 1,452.00 TEMPORARY OFFICE ASSISTANCE 05/02/2022 PAKPOUR CONSULTING GR OUP, INC. 54,778.75 ENGINEERING SERVICES - MAR 2022 05/02/2022 PARK ENGINEERING, INC. 8,164.87 ENER GY EFFICIENCY PROJECT MGMT FEB-MAR 2022 05/02/2022 PECKHAM & MCKENNEY 8,666.66 RECRUITMENT SVCS FOR P&CS DIRECTOR 05/02/2022 PETIT, CHRISTINE 523.20 REC CLASS INSTRUCTOR 05/02/2022 PG&E 276.62 SERVICE TO 03/31/2022
71.74 SERVICE TO 04/05/2022
51,577.83 SERVICE TO 04/06/2022
260.34 SERVICE TO 04/08/2022
107.81 SERVICE TO 04/11/2022
3,502.27 SERVICE TO 04/12/2022
213.89 SERVICE TO 04/13/2022
Check Total: 56,010.50
05/02/2022 PRUDENTIAL OVERALL SUPPLY 147. 40 MAT SERVICE - SHANNON CENTER 05/02/2022 SABOO INC. 172,160. 18 CONSTRUCTION-HERITAGE PARK CEMETARY IMPROV 05/02/2022 SAFE SLIDES RESTORATIONS 185,970. 00 WATERSLIDE REPAIRS AND MAINTENANCE 05/02/2022 SALESFORCE.COM, INC. 4,788.00 SALESFORCE RENEWAL LICENSES FOR HOUSING 05/02/2022 SUAREZ & MUNOZ CONS TRUCTION 1,164,787.65 FALLON SPO RTS PARK-PH 3 CONSTRUCTION 05/02/2022 TAYLOR, YVONNE L. 106.35 REIMB CPRS CONFERENCE EXPENSES 05/02/2022 T-MOBILE USA, I NC. 1,490.79 CELL PHONE SERVICES THROUGH 03/21/22 05/02/2022 TPX COMMUNICATIONS 2,857.05 INTERNET & PHONE SERVICES TO 04/09/22 05/02/2022 U.S. BANK CORPORATE PM T SYSTEM 1,240.50 ALAMEDA CO ENVIRONMENTAL PLAN REVIEW
2,391.01 BLDG CODE MANUA LS, BLDG STAFF TRAININGS
450.02 BUILDING HARDWARE
2,247.58 CALED CONF REG-WE THERFORD, VOL EVENT SUPPLIES
451.50 CITY CLERKS ASSN CONFERENCE REG-MOORE
450.00 CLOUD FILE SHARING SUBSCRIPTION
7,948.54 COMPUTER EQUIPMENT
1,598.22 CPRS CONFERENCE EXPENSES-TAYLOR
110.00 CSMFO MEMBERSHIP DUES-BAKSA
4,106.76 DOMAIN RENEWALS AND COMPUTER SOFTWARE
649.55 EMAIL SUBSCRIPTION & ICSC CONF EXP-WETHERFORD
2,878.35 EMPLOYEE APPRECIATION & OFFICE SUPPLIES
1,127.90 FACILITY LINEN CLEAN ING & CPRS CONF EXP-BUTLER 277.13 HERITAGE CENTER SUPPLES
756.80 ICSC CONFERENCE EXPENSES-FRANKLIN
812.54 IRISH DELEGATION EXPENSE & EXEC TEAM DINNER
2,978.72 JR WARRIORS AWARDS & ST. PAT'S SUPPLIES
1,451.64 JR WARRIORS MEDALS & CPRS CONF EXP-ELLIOTT
12.00 MONTHLY DIGITAL NEWS SUBSCRIPTION
1,597.19 NLC CONGRESS IONAL CONF EXPENSES-JOSEY
511.48 OFFICE SUPPLIES
36 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
1,013.02 OFFICE SUPPLIES & PW CONF REG-RUSSELL
67.16 PCS STAFF TRAINING SUPPLIES
121.00 PERMIT TECH CERTIFICATION RENEWAL-JAMES
149.99 PLEASANTON WEEKLY ANNUAL SUBSCRIPTION
569.25 POLICE CONFERENCE REG-GRIFFITH
2,670.36 POLICE SUPPLIES
2,358.86 POLICE SU PPLIES & EQUIPMENT
774.12 POLICE UNIFORM
59.20 PUBLIC WORKS WEEK POSTERS
748.95 PW CONF REG-FOSS & ECO CONF REG-ALEX
2,195.50 REC SUPPLIES & CPRS CONF EXP-WANZENRIED
-14.99 REFUND CPRS CONFERENCE BOOKING FEE
614.13 RISK MANAGEMENT ANNUAL CONF EXP-DHADWAL
643.69 SHAMROCK 5K FUN RUN SUPPLIES
947.32 SHAMROCK GALA EXPENSES & OFFICE SUPPLIES
511.84 ST. PATRICK’S FESTIVAL ADVERTISING & SOFTWARE
3,559.43 ST. PATRICK'S FESTIVAL SUPPLIES
286.21 ST. PATRICK'S TEA COTTAGE SUPPLIES
1,796.66 ST. PAT'S DAY EMPLOYEE LUNCH & OFFICE SUPPLIES
2,089.71 ST. PAT'S FESTI VAL & EGGSTRAVANZA SUPPLIES
110.59 SUBDIVISION MAP ACT REFERENCE BOOKS
1,078.52 TEEN JOB FAIR SU PPLIES & CPRS CONF EXP-SIU
45.00 THE WAVE STAFF RED CROSS CERTIFICATIONS
418.30 THE WAVE SUPPLIES
495.00 TRAFFIC ENGINEERS ANNUAL MEETING REG-BHATIA
1,504.50 WASTE SORTING SUPPLIES
Check Total: 58,860.75
05/02/2022 UNDERGROUND SERVICE ALERT 608.13 CA STATE REGULATORY COSTS JAN-JUN 2022 05/02/2022 UNIVERSAL BUILDING SERVICES 416.00 CARPET CLEANING SERVICES 05/02/2022 URBAN FIELD STUDIO OAKLAND 19,653.50 DOWNTOWN ARCHITECTURAL DESIGN SERVICES 05/02/2022 WEE HOOP, INC. 1,989.00 REC CLASS INSTRUCTOR 05/02/2022 WORLD CUP SOCCER CAMPS&CLI NICS 2,494.80 REC CLASS INSTRUCTOR Payments Issued 5/2/2022 Total: 2,124,680.50
05/06/2022 CAL PERS HEALTH PREMIUM 136,292.05 HEALTH INSURANCE PREMIUM - MAY 2022 Payments Issued 5/6/2022 Total: 136,292.05
05/09/2022 4LEAF INC. 68, 113.89 BUILDING INSPECTION/PLAN CHECK SERVICES 620.00 PLANNING INSPECTIONS MAR 2022
Check Total: 68,733.89
05/09/2022 ADVANCED INTEGRATED PEST 5, 060.00 PEST CONTROL SERVICES - APR 2022 05/09/2022 ALAMEDA CO SHERIFF'S OFFICE 115.62 EVIDENCE STICKERS & LABELS 05/09/2022 ALAMEDA COUNTY LIBRARY 152,233.00 DUBLIN LIBRARY SERVICES JAN-MAR 2022 05/09/2022 ALL CITY MANAGEMENT SVCS INC 15, 082.75 CROSSING GUARD SERVICES 03/20/22-04/02/22
16,690.55 CROSSING GUARD SERVICES 03/06/22-03/19/22
Check Total: 31,773.30
05/09/2022 AMADOR VALLEY INDUSTRIES LLC 29,886.63 CAMPS PARKS SOLID WASTE SERVICES - MAR 2022 37 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/09/2022 AMP PRINTING, INC. 153.51 BUSINESS CARDS
290.30 BUSINESS CARDS
2,643.53 PRINTING SVSS FOR ST. PATRICK'S DAY PARADE
Check Total: 3,087.34
05/09/2022 ARROW SIGN COMPANY 5,162.00 SEC OND HALF - FABRICATED METAL LETTERS 05/09/2022 AT&T 422.79 PUBLIC SAFETY DATA COMPLEX SVCS TO 04/11/22
48.98 SERVICES FOR TOLL- FREE NUMBER TO 04/11/22
Check Total: 471.77
05/09/2022 AT&T - CALNET 3 306.95 SERVICE TO 04/26/2022
132.54 SERVICE TO 04/27/2022
Check Total: 439.49
05/09/2022 BIG O'TIRES #7 2,761.78 POLICE VEHICLE MAINT & TIRE
344.10 POLICE VEHICLE MAINT & TIRE INSTALLATION
Check Total: 3,105.88
05/09/2022 BSK ASSOCIATES INC. 597.75 PUBLIC ART INSPECTIONS-SEAN DIAMOND PARK 05/09/2022 CALVO, ANTHONY 44.93 MILEAGE REIMBURSEMENT FOR APRIL 2022 05/09/2022 CENTENO, CAMILLE 23.99 MILEAGE REIMBURSEMENT MAR 2022 05/09/2022 CHANDLER ASSET MANAGE MENT 13,449.89 INVESTMENT CO NSULTING SERVICES APR 2022 05/09/2022 CHING, ERWIN 95.00 RE IMBURSE FOR QSD CERT RENEWAL 05/09/2022 CIVICPLUS, LL C 16,950.00 AUDIOEYE SUBSCRIPTION SERVICES 05/09/2022 COMCAST 118.77 CIVIC CENTER CABLE SERVICE MAY 2022 05/09/2022 CONVERGEONE, I NC. 14,010.00 CISCO SMARTNET ANNUAL MAINTENANCE 05/09/2022 CSW/STUBER-STROEH ENGINEERING 726.00 STANDARDS FOR MICRO TRENCHING SERVICES 05/09/2022 DUBLIN CHEVROLET 1,199.73 POLICE VEHICLE MAINT & REPAIRS
55,559.35 POLICE VEHICLE REPLACEMENT - D08
Check Total: 56,759.08
05/09/2022 DUBLIN SENIOR FOUNDA TION 300.00 VOLUNTEER RECOGNITION AWARDEE 05/09/2022 DUBLIN UNIFIED SCHOOL DI STRICT 431.29 STAGER GYM DS RSD WATER USE 02/01/22 - 03/31/22
1,109.78 STAGER GYM PG&E 02/10/22 - 03/13/22
391.17 STAGER GYM SPURR USE 02/01/22 - 03/02/22
Check Total: 1,932.24
05/09/2022 ELITE AUTO GLASS INC 450.00 POLICE VEHICLE WINDOW REPLACEMENT 05/09/2022 ELLIOTT, ELIZABETH 47.56 MILEAGE REIMBURSEMENT APR 2022 05/09/2022 ENTERPRISE RENT A CAR 2,603.35 VEHICLE RENTAL-SPECIAL INVESTIGATIONS UNIT 05/09/2022 EUROPEAN MOBILE WERKS 841.24 POLICE VEHICLE MAINTENANCE & REPAIR 05/09/2022 EVERYTHING GROWS INTERIOR 204.51 PLANT SERVICE MAY 2022 05/09/2022 GOLDEN STATE FLEET SVCS INC 100.00 POLICE VEHICLE TOW 05/09/2022 HARRELL HARRIS PHOTOGRAPHY 600.00 PH OTOGRAPHY SERVICES-SENIOR CENTER BALLROOM 05/09/2022 HEALTHEQUITY, INC. 391.25 FL EXIBLE SPENDING ACCOUNT FEES - APR/MAY 2022 05/09/2022 HERNANDEZ, MELISSA 272.49 REIM BURSEMENT - FOOD FOR GOODNESS VILLAGE 05/09/2022 ICMA 1,400.00 ICMA ANNUAL MEMBERSHIP RENEWAL - SMITH
1,400.00 ICMA ANNUAL MEMBERSHIP RENEWAL - TRIBBY
Check Total: 2,800.00
05/09/2022 INTEGRATED SOLUT IONS 4,199.79 DISASTER DEBRIS MANAGEMENT PLAN 05/09/2022 IRON MOUNTAIN 345.82 PO LICE RECORDS STORAGE - APR 2022 05/09/2022 LEHR AUTO 95.00 POLICE VEHICLE MAINT & REPAIRS 05/09/2022 OPEN HEART KITCHEN 300.00 VO LUNTEER RECOGNITION AWARDEE - CITIZEN 05/09/2022 ORIGIN BAY LLC. 3,199.85 OUTD OOR OPERATION GRANT REIMBURSEMENT 05/09/2022 OSMER, TAYLOR 20.42 MILEAGE REIMBURSEMENT APR 2022 05/09/2022 PG&E 8,384.15 SERVICE TO 04/07/2022
38 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
74.80 SERVICE TO 04/12/2022
6,435.05 SERVICE TO 04/14/2022
31,160.96 SERVICE TO 04/15/2022
Check Total: 46,054.96
05/09/2022 PHOENIX GROUP INFO SYS. 226.59 PARKING CITATION PROCESSING - MAR 2022 05/09/2022 PRECISION DYNAMICS CORPORATION 1,576.19 THE WAVE OPERATING SUPPLIES 05/09/2022 SAN FRANCISCO ELEVATOR SVC INC 394.70 ELEVATOR MAINTENANCE INSPECTIONS - MAY 2022 05/09/2022 SAN LEANDRO, CITY OF 3,400.00 LO CAL GOV'T LEADERSHIP ACADEMY-CASS/MENDEZ 05/09/2022 SELECT IMAGING 511.95 CODE ENFORCEMENT NOTICES 05/09/2022 SHAMROCK OFFICE SOLUTION S, LLC 2,107.23 COPIER CHARGES 05/09/2022 SIMPLER SYSTEMS, IN C 1,500.00 SIMPLER SOFTWAR E LICENSING SUPPORT MAY 2022 05/09/2022 SIRCHIE 229.67 EVIDENCE SUPPLIES
05/09/2022 SOLARWINDS, INC. 9,936.00 SOLARWINDS SAM PROFESSIONAL LICENSES 05/09/2022 STANFORD HEALTH -VALLEYCARE 70. 00 EMPLOYEE ONBOARDING MEDICAL SERVICES 05/09/2022 STONE, ROBERT 40.95 MILEAGE REIMBURSEMENT APR 2022 05/09/2022 TREASURER ALAMEDA COUNTY 995.00 PARKING CITATIONS COLLECTED MAR 2022 05/09/2022 TRIPEPI SMITH & ASSOCI ATES INC 46,175.01 DEMOGRAPHY & COMMUNITY OUTREACH SERVICES 05/09/2022 TRI-SIGNAL INTEGRATION INC 323.75 FIRE ALARM SVCS LIBRARY MAY- JUL 2022
126.00 QUARTERLY FIRE ALARM SERVICE ALL FIRE STATIONS
Check Total: 449.75
05/09/2022 TRI-VALLEY COMMUNITY TV 825.00 PRODUCTION VIDEOS OF CITY EVENTS
1,005.84 RECORD/TELEVISE CI TY COUNCIL/PLNG COMM MTGS
Check Total: 1,830.84
05/09/2022 TRI-VALLEY JANITORIAL INC. 22,002.75 JANITORIAL SERVICES - APR 2022
30,228.39 JANITORIAL SERVICES-CAMP PARKS - APR 2022
Check Total: 52,231.14
05/09/2022 UNIVERSAL BUILDING SER VICES & 3,850.00 CARPET CLEANING SERVICES - APR 2022
300.00 WINDOW CLEANING SERVICES - APR 2022
Check Total: 4,150.00
05/09/2022 UPADHYAY, NIYANT 62.13 MILEAGE REIMBURSEMENT APR 2022
426.17 MILEAGE REIMBURSEMEN T PARK MONITORING APR 2022
Check Total: 488.30
05/09/2022 VALLEY ATHLETICS 3, 445.31 CITY OF DUBLIN MASKS 05/09/2022 WANZENRIED, NICOLE 32.99 MILEAGE REIMBURSEMENT APR 2022 05/09/2022 XU, KAN 115.00 REIMBURSE QSD CERTIFICATE RENEWAL Payments Issued 5/9/2022 Total: 597,509.43
05/13/2022 CAL PERS 82,058.05 PERS RETIREMENT PLAN: PE 5/6/22 05/13/2022 EMPLOYMENT DEVELOPMENT DEPT 22,779.22 CA STATE WITHHOLDING: PE 5/6/22 05/13/2022 HEALTHEQUITY, INC. 4, 008.64 HEALTHEQUITY: PE 5/6/22 05/13/2022 I C M A 401 PLAN 1,399.00 DEFERRED COMP 401A: PE 5/6/22 05/13/2022 I C M A 457 PLAN 41,809.24 DEFERRED COMP 457: PE 5/6/22 05/13/2022 INTERNAL REVENUE SERVICE 72, 232.12 FEDERAL WITHHOLDING: PE 5/6/22 05/13/2022 US BANK - PARS 2,466.13 PARS: PE 5/6/22
Payments Issued 5/13/2022 Total: 226,752.40
05/16/2022 ALAMEDA COUNTY FLOOD CONTROL 281,065.95 ZONE 7 F EES COLLECTED JAN-MAR 2022 05/16/2022 ALLIANT INSURANCE SVCS INC 3,193.00 FACILITY RENTAL INSURANCE JULY-SEP 2021
8,456.00 FACILITY RENTAL INSURANCE OCT-DEC 2021
Check Total: 11,649.00
39 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/16/2022 AMADOR VALLEY INDUSTRIES LLC 30,744.39 CAMPS PARKS SOLID WASTE SERVICES – APR 2022 05/16/2022 AXIS COMMUNITY HEALTH 2, 283.75 HUMAN SERVICES GRANT FY21-22 05/16/2022 CALICO CENTER 4,930.65 HUMAN SERVICES GRANT FY21-22 05/16/2022 CARBONIC SERVICE 372.79 THE WAVE POOL CHEMICALS 05/16/2022 CONTRACT SWEEPING SE RVICES 21,535.60 STREET SWE EPING SERVICES - APR 2022 05/16/2022 CPS HR CONSULTING 1,250.00 OFFICE ASSISTANT II RECRUITMENT TESTING 05/16/2022 D HARRIS TOURS, INC 1,775.00 ST PATRICK'S FESTIVAL SHUTTLE SERVICE 05/16/2022 DC ELECTRIC GROUP INC. 16,175.00 TR AFFIC SIGNAL REPAIRS-DOUGHERTY/WILLOW CRK 05/16/2022 FERGUSON, ROBERT 493.80 REC CLASS INSTRUCTOR 05/16/2022 FIDEL, CONSTANCE 384.00 REC CLASS INSTRUCTOR 05/16/2022 GHD, INC. 1,324.00 SPEED LIMIT ENGINEERING/TRAFFIC SURVEYS 05/16/2022 HSI, RON 64.80 REC CLASS INSTRUCTOR
05/16/2022 KIMLEY-HORN AND ASSOC. INC. 944.02 REVIEW OF DEVELOPMENT PROJECTS - DV0233 05/16/2022 KINDERMUSIK W/ MS LIND SAY & 384.00 REC CLASS INSTRUCTOR 05/16/2022 KITTELSON & ASSOCIATES, INC. 19,899.74 CITYWIDE BIKE/PED MASTER PLAN UPDATE
1,500.00 ENGINEERING SERVICES
12,545.00 ENGINEERING SVCS-LOCAL RD SAFETY PLAN
3,094.50 SB 743 VMT IMPLEMENTATION & MODEL
Check Total: 37,039.24
05/16/2022 LEGAL ASSISTANCE FOR SENIORS 1,542.23 HUMAN SERVICES GRANT FY21-22 05/16/2022 OFFICE RELIEF 1,882.58 OFFICE ERGONOMIC CHAIRS 05/16/2022 PAYLADO, WARREN 961.20 REC CLASS INSTRUCTOR 05/16/2022 PETIT, CHRISTINE 446.40 REC CLASS INSTRUCTOR 05/16/2022 PG&E 716.57 SERVICE TO 04/25/2022
149.27 SERVICE TO 04/26/2022
299.70 SERVICE TO 04/29/2022
178.01 SERVICE TO 05/03/2022
Check Total: 1,343.55
05/16/2022 PLAN JPA 9,602.50 GENE RAL LIABILITY CLAIMS - FEB 2022
129.00 GENERAL LIABILITY CLAIMS - MAR 2022
Check Total: 9,731.50
05/16/2022 PLEASANTON, CITY OF 23,776.12 FR EEWAY INTERCHANGE DEBT PYMT JAN-MAR 2022 05/16/2022 PRUDENTIAL OVERALL SUPPLY 66.88 MAT SERVICE - MAY 2022 05/16/2022 RAYNE OF SAN JOSE 731.65 WA TER SOFTENER SERVICE-FIRE STATIONS 05/16/2022 RROOAR 1,881.00 REC CLASS INSTRUCTOR
05/16/2022 SAFE SLIDES RESTORATIONS 14,899.00 MATERIALS AND ADDITIONAL WORK ON WATERSLIDE 05/16/2022 SKATESATIONAL 765. 00 REC CLASS INSTRUCTOR
05/16/2022 SPECTRUM COMMUNITY SVCS INC. 1,310.89 HUMAN SERVICES GRANT FY21-22 05/16/2022 STANFORD HEALTH -VALLEYCAR E 140.00 EMPLOYEE MEDICAL SERVICES 05/16/2022 THE CONSTRUCTION ZONE, LLC 44.10 RETIREMENT SIGN MCDONALD 05/16/2022 THE ECOHERO SHOW, LLC. 275.00 DUB LIN SCHOOLS RECYCLING EDUCATION ASSEMBLY 05/16/2022 THE UPS STORE 6449 1,365.00 LIVE SCAN SERVICES 05/16/2022 TREASURER ALAMEDA COUNTY 12,721.12 FUEL - MAR 2022 05/16/2022 TREASURER ALAMEDA COUNTY 36,861.23 TR AFFIC SIGNAL/ STREET LIGHT MAINTENANCE 05/16/2022 TRI-SIGNAL INTEGRATION INC 585.00 EXTRA FIRE ALARM SERVICES FS17 APR 2022 05/16/2022 TRI-VALLEY TRANSPORT. CO UNCIL 345,314.45 TRI-VALLEY TRANSPORTATION FEES JAN-MAR 2022 05/16/2022 WESTERN PACIFIC SIGNAL LLC 7,957.39 TRAFFIC SIGNAL BATTERIES Payments Issued 5/16/2022 Total: 877,017.28
40 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/24/2022 ADAMSON POLICE PRODUCTS 47.34 TACTICAL VEST ACCESSORIES - RADA 05/24/2022 ALAMEDA CO SHERIFF'S O FFICE 74.66 OFFICE SUPPLIES
147.82 PROPERTY & EVIDENCE FORMS
Check Total: 222.48
05/24/2022 ALAMEDA COUNTY FIRE DEPARTMEN T 1,278,934.50 FIRE SERVICES MAR 2022 05/24/2022 ALL CITY MANAGEMENT SVCS INC 50.52 CROSSING GUARD SERVICES- 03/06/22 TO 03/19/22
8,335.80 CROSSING GUARD SERVI CES- 04/03/22 TO 04/16/22 Check Total: 8,386.32
05/24/2022 AMP PRINTING, INC. 2,256.08 SENIOR CENTER PRESENTATION FOLDERS 05/24/2022 AT&T 1,802.67 CI VIC CENTER FIBER SERVICE
480.00 CIVIC CENTER FIBER SERVICES
1,754.27 PUBLIC SAFETY DATA COMPLEX SERVICES
Check Total: 4,036.94
05/24/2022 AT&T - CALNET 3 127.98 SERVICE TO 05/01/2022
48.44 SERVICE TO 05/06/2022
1,273.83 SERVICE TO 03/31/22
1,933.76 SERVICE TO 04/30/22
Check Total: 3,384.01
05/24/2022 BAY AREA CLEAN WATER AGENCY 378.88 MEMBERSHIP DUES FOR CHEMICAL CONSORTIUM 05/24/2022 BAY AREA NEWS GROUP 799.68 PUBLIC NOTICES APR 2022 05/24/2022 BIG O'TIRES #7 51.61 POLICE VEHICLE MAINT & TIRE 05/24/2022 CARBONIC SERVICE 464.80 POOL CHEMICALS
05/24/2022 CDW GOVERNMENT INC 7,158.48 COMPUTER EQUIPMENT
18,000.00 MICROSOFT & ADOBE ANNUAL SUBSCRIPTIONS
Check Total: 25,158.48
05/24/2022 CHARGE POINT, INC. 1,929.38 EV CHARGING STATION MODEMS 05/24/2022 CIVICPLUS, LL C 9,632.55 CITY WEBSITE ANNUAL HOSTING FEE 05/24/2022 CODE PUBLISHING, LLC 135.00 MUNI CODE UPDATES
22.50 ZONING CODE UPDATES
Check Total: 157.50
05/24/2022 COMCAST 2,300. 00 CIVIC CENTER 7 FIRE STATION INTERNET 05/24/2022 COMCAST 2,010.36 INTERNET/CABLE SVC VARIOUS CITY DEPTS 05/24/2022 CONVERGEONE, I NC. 12,985.66 CISCO SMARTNET ANNUAL MAINTENANCE 05/24/2022 COULSON & ASSOCI ATES 6,032.50 ENGINEERING SERVICES - FEB 2022
8,170.00 ENGINEERING SERVICES - JAN 2022
9,880.00 ENGINEERING SERVICES - MAR 2022
Check Total: 24,082.50
05/24/2022 DUBLIN CHEVROLET 96.68 POLICE VEHICLE MAINT & REPAIRS 05/24/2022 DUBLIN CROSSING, LLC 3,132,977.08 DON BIDDLE COMM UNITY PARK PROJECT MAR 2022 05/24/2022 DUTCHOVER & ASSOCIAT ES 1,092.50 LANDSCAPE PLAN CHECK & INSPECTIONS 05/24/2022 EAST BAY EDA 5,665.00 EAST BAY EDA MEMBERSHIP DUES FY22-23 05/24/2022 EAST BAY POOL SERVICE, INC. 8, 620.00 WATER PARK MONTHLY MAINTENANCE 05/24/2022 ECESSA CORPORATION 2,356.00 NETW ORK LOAD BALANCER SUPPORT MAINTENANCE 05/24/2022 ENGEO INC 787.50 FALLON CROSSING GHAD PROFESSIONAL SVCS
3,228.50 FALLON VILLAGE GHAD PROFESSIONAL SVCS
4,992.10 SCHAEFER RANCH GHAD PROFESSIONAL SVCS
Check Total: 9,008.10
05/24/2022 EUROPEAN MOBILE WERKS 203.07 POLICE VEHICLE MAINTENANCE & REPAIR 05/24/2022 FRANCISCO & ASSOCIATES , INC. 7,887.47 ADMIN/AUDIT FOR VARIOUS CITY ASSESSMENT 41 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/24/2022 GUIDA SURVEYING INC. 300. 00 ENGINEERING SERVICES - APR 2022 05/24/2022 ICMA 200.00 ICMA MEMBERSHIP RENEWAL - J. FOSS 05/24/2022 IMAGE SALES, INC. 430.86 BADGE PRINTER RIBBONS 05/24/2022 IRON MOUNTAIN 341.39 PO LICE RECORDS STORAGE - MAY 2022 05/24/2022 JOHAL, AMARJIT 500. 00 REFUND CASH BOND DEPOSIT 05/24/2022 KEYSER MARSTON ASSOCIAT ES, INC 290.00 ASSISTED LIVING FISCAL ANALYSIS 05/24/2022 LANGUAGE LINE SERVICES 50.70 LANGUAGE LINE SERVICES APR 2022 05/24/2022 LANLOGIC INC. 7,469.00 IN FORMATION SYSTEMS CONSULTING SVCS
1,050.00 MALWARE PROTECTION SERVICES
425.00 NETWORK MONITORING SERVICES
Check Total: 8,944.00
05/24/2022 LOCAL GOVERNMENT COMMISSION 2,636.36 CIVIC SPARK SERVICES 05/24/2022 LOGOBOSS 4,825.55 TH E WAVE APPAREL SUMMER 2022 05/24/2022 LSA ASSOCIATES INC. 457.88 CEQA DOC PREP-BRANAUGH PROP STAGE 2 DEV
2,013.75 PLANNING SVCS-INSPIRATION DR ASST LIVING
Check Total: 2,471.63
05/24/2022 LYNX TECHNOLOGIES, INC. 13,350.00 GIS CONSULTING SERVICES APR 2022 05/24/2022 MANAGEMENT PARTNERS INC. 4,620.00 CITY MANAGER EVALUATION 2022
945.00 EXECUTIVE COACHI NG SERVICES FY21-22
Check Total: 5,565.00
05/24/2022 MATRIX CONSULTING GROU P, LTD 9,600.00 STAFFING ANAL YSIS & OPTIMIZATION PLNG STUDY 05/24/2022 MCE CORPORATION 483,809.44 MAINTENANCE SERVICES - APR 2022
565,701.15 MAINTENANCE SERVICES - MAR 2022
Check Total: 1,049,510.59
05/24/2022 MEYERS NAVE 48,294. 86 LEGAL SERVICES MAR 2022 05/24/2022 M-GROUP 18,156.25 PLANNING SVCS-BLVD PH1-5 & TASSAJARA HILLS 05/24/2022 MNS ENGINEERS, INC. 11,470. 00 ENGINEERING SERVICES - APR 2022
11,935.00 ENGINEERING SERVICES - FEB 2022
9,532.50 ENGINEERING SERVICES - MAR 2022
Check Total: 32,937.50
05/24/2022 OFFICE TEAM 451.11 TEMPORARY STAFF FOR RECORDS PROJECT 05/24/2022 PARK ENGINEERING, INC. 6,080.04 EN ERGY EFFICIENCY PROJECT MGMT APR 2022 05/24/2022 PG&E 2,196.29 SERVICE TO 04/12/2022
275.58 SERVICE TO 04/13/2022
6,460.37 SERVICE TO 04/14/2022
142.02 SERVICE TO 04/27/2022
2,881.05 SERVICE TO 04/28/2022
1,932.77 SERVICE TO 05/01/2022
1,567.78 SERVICE TO 05/02/2022
Check Total: 15,455.86
05/24/2022 PRUDENTIAL OVERALL SUPPLY 66.88 MAT SERVICE SENIOR CENTER - MAY 2022 05/24/2022 QUADIENT FINANCE USA, INC. 298.10 POSTAGE FOR POLICE DEPT - MAR 2022 05/24/2022 REDWOOD TOXICOLOGY LAB. INC. 1,463.00 FORENSIC DRUG AND ALCOHOL EXAMS 05/24/2022 RRM DESIGN GROUP, A CA CORP 1,013.75 ENGINEERING SERVICES - FEB 2022
326.25 ENGINEERING SERVICES - MAR 2022
1,381.25 LANDSCAPE PLAN CHECK & INSPECTIONS
Check Total: 2,721.25
05/24/2022 SHAMROCK OFFICE SOLUTION S, LLC 2,030.29 COPIER CHARGES 05/24/2022 SPECTRUM COMMUNITY SVCS INC. 1,891.67 HUMAN SERVICES GRANT MAR 2022 42 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
05/24/2022 STANTEC CONSULTING SVC S INC. 8,215.50 DUBLIN SENIOR LIVING PROJ CEQA DOC PREP 05/24/2022 STONE, DANIELLE 208.62 REIMBURSE CAPE CONFERENCE EXPENSES 05/24/2022 STONERIDGE CHRYSLER JEEP DODGE 21, 928.81 POLICE VEHICLE MAINTENANCE REPAIR 05/24/2022 STUDIO BLUE REPROGRAPHICS 1,300.67 AERIAL MAPS FOR CITY COUNCIL & MAYOR 05/24/2022 SUAREZ & MUNOZ CONS TRUCTION 610,102.48 FALLON SPORT S PARK-PH 3 CONSTRUCTION 05/24/2022 TETRA TECH, INC. 4,812.81 TR I-VALLEY LOCAL HAZARD MITIGATION PLAN 05/24/2022 T-MOBILE USA, I NC. 1,887.61 CELL PHONE SERVICES THROUGH 04/21/22 05/24/2022 TPX COMMUNICATIONS 2,860.04 INTERNET & PHONE SERVICES TO 05/09/22 05/24/2022 TRB AND ASSOCIATES, I NC. 46,702.50 PLAN REVIEW & INSPECTION SERVICES APR 2022 05/24/2022 TRIPEPI SMITH & ASSOCI ATES INC 1,500.00 DEMOGRAPHY & COMMUNITY OUTREACH SERVICES 05/24/2022 TRI-VALLEY JANITORIAL INC. 3,687.26 EXTRA JANITORIAL SERVICES MAR 2022
5,246.00 JANITORIAL ADD'L SERVICES - APR 2022
3,608.12 JANITORIAL SUPPLIES - APR 2022
4,431.89 JANITORIAL SUPPLIES - MAR 2022
Check Total: 16,973.27
05/24/2022 UNITED SITE SERVICES OF CA INC 725.87 BLDG INSP TRAILER SEPTIC TANK SVCS MAY 2022 05/24/2022 VERIZON WIRELESS 1,748.46 PO LICE SITCAM SIM CARDS TO 05/03/22
678.96 POLICE VEHICLE MODEMS & CITY CELLPHONES
Check Total: 2,427.42
05/24/2022 WC3-WEST COAST CODE CONSULTANT 5,582.50 PLAN REVIEW SERVICES APR 2022 05/24/2022 WESTEK SYSTEMS INC. 1,652.40 AMAG SOFTWARE MAINT & SUPPORT 05/24/2022 WHENTOWORK, INC. 360.00 ST AFF ONLINE SCHEDULING MEMBERSHIP Payments Issued 5/24/2022 Total: 6,501,228.36
05/26/2022 FABRIGAS, CIERRA L. 81.32 MILEAGE REIMBURSEMENT - MAY 2022 05/26/2022 OLINGHOUSE-CHIANG, DYLAN 68. 45 MILEAGE REIMBURSEMENT - APR 2022 Payments Issued 5/26/2022 Total: 149.77
05/27/2022 RETIREES 196,393.43 REIM B RETIREE MEDICAL JUL-SEP 2022 Payments Issued 5/27/2022 Total: 196,393.43
05/31/2022 ALAMEDA COUNTY FIRE DEPARTMEN T 1,239,753.25 FIRE SERVICES MAY 2022 05/31/2022 ALEX, ROSEMARY 10.53 MILEAGE REIMBURSEMENT MAR 2022 05/31/2022 AMP PRINTING, INC. 1,392.00 PRINTING OF 2022 WAVE COUPONS
68.29 BUSINESS CARDS
136.09 FACILITY ENTRANCE BANNER FOR THE WAVE
Check Total: 1,596.38
05/31/2022 ARORA, AKSHAY 15, 921.93 REC CLASS INSTRUCTOR
910.20 REC CLASS ISNTRUCTOR
Check Total: 16,832.13
05/31/2022 AT&T - CALNET 3 1,437.36 SERVICE TO 05/12/2022
414.21 SERVICE TO 05/14/2022
Check Total: 1,851.57
05/31/2022 BAY ALARM COMPANY 10.00 ALARM SERVICES – THE WAVE MAY 2022 05/31/2022 BAY AREA WELDING & MAINTENANCE 1,944.89 RETENTION RELEASE-SLIDE TOWER ANCHORS 05/31/2022 BFS LANDSCAPE ARCHITE CTURE 6,742.50 FALLON SPORTS PARK DESIGN SVCS - PHASE 3 05/31/2022 BIG O'TIRES #7 103.23 POLICE VEHICLE MAINT & TIRES 05/31/2022 BKF ENGINEERS 5,248.75 TASSAJARA RD GAP CLOSURE PROJECT 05/31/2022 BPXPRESS 158.02 PRINTING SVCS-AC HEALTH DEPT PLAN SET
43 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
298.72 PRINTING SVCS-SAN RAMON RD AS-BUILTS
Check Total: 456.74
05/31/2022 BRINKS, INC. 258.11 ARMORED CAR SERVICE-MAY 2022 05/31/2022 BSK ASSOCIATES INC. 2,880.00 TESTING/INSP DO N BIDDLE COMMUNITY PARK 05/31/2022 CALLANDER ASSOCIATES INC. 8,719.72 WALLIS RANCH PARK DESIGN SERVICES 05/31/2022 CARBONIC SERVICE 326.20 THE WAVE POOL CHEMICALS 05/31/2022 CASCADIA CONSULTING GROUP, INC 2,522.50 SB 1383 IMPLEMENTATION ASSISTANCE 05/31/2022 CASTRO VALLEY PERFORMING AR TS 3,960.00 REC CLASS INSTRUCTOR 05/31/2022 CENTRO LEGAL 4,556.61 HUMAN SERVICES GRANT FY21-22 05/31/2022 CODE FOR FUN 122.50 REC CLASS INSTRUCTOR
05/31/2022 CONTRA COSTA CO.-PUBLIC WORKS 6,682.41 DESIGN/ ENVIRO SVCS-TASSAJARA RD REALIGN 05/31/2022 CRIME SCENE CLEANERS INC. 675.00 CRIME SCENE CLEANING 05/31/2022 DAHLIN GROUP INC 7,875.00 DESIGN SERVICES CIVIC CENTER RENOVATION
2,090.00 SENIOR CENTER WALL REPAIR ASSESSMENT
Check Total: 9,965.00
05/31/2022 DSRSD 11,172.52 SERVICE TO 04/30/2022
05/31/2022 DUBLIN CHEVROLET 1,089.84 POLICE VEHICLE MAINT & REPAIRS 05/31/2022 ELS ARCHITECTURE & URBAN DESGN 5,862.50 SCS PROPERTY COMMUNITY OUTREACH 05/31/2022 FCS INTERNATIONAL, INC 3,949.60 PEER REVIEW SVCS-NOISE ASSESSMENT STUDY 05/31/2022 GEOCON CONSULTANTS, INC. 1,841.13 2021 SLURRY SEAL CONSTRUCTION TESTING 05/31/2022 GOLDEN STATE FLEET SVCS INC 100.00 POLICE VEHICLE TOW 05/31/2022 GOODWIN CONSULTING GROUP, INC. 370.00 2021 LEASE REVENUE BONDS CONSULTING
5,647.50 SPECIAL TAX CONSUL TING DUBLIN CROSSING CFD
Check Total: 6,017.50
05/31/2022 GURUS EDUCATION EAST BAY 1,232.00 REC CLASS INSTRUCTOR 05/31/2022 HIVELY 29,905.00 HUMAN SERVICES GRANT JUL-DEC 2021 05/31/2022 HULTIN, YONG 322.00 DEPOSIT REFUND SHANNON CENTER RENTAL 05/31/2022 KIMLEY-HORN AND ASSOC. INC. 13,050.00 DUBLIN BLVD NO RTH CANYONS PRKWY EXT PROJ 05/31/2022 LOCAL GOVERNMENT COMMISSION 2,636.36 CIVIC SPARK PRGM TO SUPPORT CLIMATE ACTION 05/31/2022 LOGOBOSS 335.39 PCS STAFF UNIFORMS
05/31/2022 MARK THOMAS & COMPANY, INC. 5,124. 93 IRON HORSE TRAIL CROSSING DESIGN SVCS 05/31/2022 MNS ENGINEERS, INC. 1,007.50 CONSTR MGMT/INSP-EV CHARGING STATIONS
155.00 CONSTR MGMT/INSP-SLIDE TOWER ANCHOR INSTALL
6,665.00 DON BIDDLE CO MMUNITY PARK INSPECTIONS
10,462.50 FALLON SPORTS PARK PH3 PW INSPECTIONS
930.00 INSPECTIONS/CONSTR MG MT SR RD TRAIL LIGHTING
45,968.00 IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD
Check Total: 65,188.00
05/31/2022 PAKPOUR CONSULTING GROU P, INC. 16,660.00 CONSTRUCTION MGMT-DON BIDDLE COMM PARK
17,190.00 CONSTRUCTION MG MT-FALLON SPORTS PARK PH3
14,097.50 ENGINEERING SERVICES - APR 2022
Check Total: 47,947.50
05/31/2022 PAYLADO, WARREN 320.40 REC CLASS INSTRUCTOR 05/31/2022 PETIT, CHRISTINE 182.40 REC CLASS INSTRUCTOR
96.00 REC CLASS ISNTRUCTOR
Check Total: 278.40
05/31/2022 PG&E 5.58 SERVICE TO 04/06/2022
2,275.08 SERVICE TO 05/01/2022
287.00 SERVICE TO 05/02/2022
44 Print Date: 06/01/2022 City of Dublin
Payments Dated 5/1/2022 through 5/31/2022
Date Issued Payee Amount Description
9,243.44 SERVICE TO 05/03/2022
48,854.79 SERVICE TO 05/05/2022
3,519.84 SERVICE TO 05/06/2022
Check Total: 64,185.73
05/31/2022 QUENCH USA, INC. 148.84 WATE R FILTER SYSTEMS FOR ALL FACILITIES 05/31/2022 REDWOOD TOXICOLOGY LAB. INC. 838.00 FORE NSIC DRUG AND ALCOHOL EXAMS 05/31/2022 SAN RAMON, CITY OF 9,941. 90 DRFA RETIREE BENEFITS OCT-DEC 2021 05/31/2022 SELECT IMAGING 615.61 PRINT BIKE BROCHURES
158.76 PRINTING SVCS-WEATHERPROOF RECYCLE STICK
Check Total: 774.37
05/31/2022 SHREEVE, GREGORY 559.38 REIM B BLDG OFFICIALS ANNUAL CONF EXPENSES 05/31/2022 SNEED, DARIUS 917.97 RETURN OF ASSET SEIZURE FUNDS 05/31/2022 SNG & ASSOCIATES INC. 486.50 ON -CALL PLAN REVIEW SERVICES-CIP/PARKS 05/31/2022 SPECIAL EVENTS 26,842.50 ST. PAT RICK'S FESTIVAL EQUIPMENT RENTAL 05/31/2022 SPECTRUM COMMUNITY SVCS INC. 1,913.63 HUMAN SERVICES GRANT FY21-22 05/31/2022 SQUAD ESTATES 336. 00 REC CLASS INSTRUCTOR
05/31/2022 SUNFLOWER HILL 6,895.00 HUMAN SERVICES GRANT FY21-22 05/31/2022 SWINERTON MANAGEMENT 14,895.00 PL AN/CONSTR REVIEW CULTURAL ARTS CENTER 05/31/2022 SWRCB 964.00 STATE WATER RESOURCE ANNUAL FEE 05/31/2022 WHITECASTLE TOURS 1,859.00 SENIOR TRAVEL PROGRAM TRANSPORTATION 05/31/2022 WILLDAN HOMELAND SOLU TIONS 652,086.65 ENERGY EFFICIENCY/INFRASTRUCTURE IMPROV 05/31/2022 WONG, SHUET HA 70.00 REIM BURSE LIVESCAN FINGERPRINTING FEE 05/31/2022 WOOD RODGERS, INC. 1,370.00 HYDRAULIC ANALYSIS-DUBLIN BLVD 05/31/2022 WORKFORCE INTEGRITY & 772.50 COMMUNITY WORKFORCE ADMIN SERVICES Payments Issued 5/31/2022 Total: 2,297,448.06
Grand Total for Payments Dated 5/1/2022 through 5/31/2022: 12,957,471.28 Total Number of Payments Issued: 370
45 STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Memorandum of Understanding for 2022 Eastern Alameda County Human Services Needs Assessment
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:
The City Council will consider entering a Memorandum of Understanding with the cities of Livermore and Pleasanton to fund and complete an updated Eastern Alameda County Human Services Needs Assessment.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Memorandum of Understanding between the City of Dublin, City of Livermore, and City of Pleasanton for Execution of an Update to the 2011 Eastern Alameda County Human Services Needs Assessment.
FINANCIAL IMPACT:
The total cost of the project has a not-to-exceed amount of $234,467. This includes a base scope of service fee of $203,885 plus a 15% contingency. The total cost is shared equally amongst the three cities. Dublin’s one-third portion shall not exceed $78,155 ($67,962 plus contingency). Funding for this project is included in the Fiscal Year 2022-23 adopted operating budget.
DESCRIPTION:
Background
In September of 2002, a Tri-Valley Human Services Needs Assessment was initiated to identify and fill service gaps and as a tool for non-profit service providers to leverage funding when seeking grants and additional financial support. This was completed in 2003.
In early 2011, following the release of 2010 census data, a broad-based assessment of Human Service needs in the Tri-Valley was conducted. This expanded upon the 2003 assessment as much 46
of the Tri-Valley had changed since the early 2000s.
Since its finalization in 2012, the City of Dublin has been using the 2011 Eastern Alameda County Human Services Needs Assessment to allocate grant funding to non-profit service providers.
Additionally, the creation of a Human Services Task Force, followed by the creation of the Human Services Commission, has further assisted with identifying and prioritizing critical Human Service needs of Dublin residents.
2022 Needs Assessment
In collaboration with the cities of Pleasanton and Livermore, Staff began planning an update to the 2011 Assessment. In February 2022, a Request for Proposals (RFP) was solicited seeking qualified consultants to lead the project. Two proposals were received by the RFP deadline.
Staff from each City (Dublin, Livermore, and Pleasanton) served on a selection committee that included a review of submittals and in-person interviews. The selection committee agreed that the firm, JSI Research & Training Institute, Inc. (JSI), was the most qualified to lead the project. JSI proved to be knowledgeable about the Tri-Valley area, with a strong understanding of the unique human services challenges the region is facing. JSI’s approach to community outreach and desire to work with stakeholders coincides with the cities’ approach. The selection committee appreciated JSI’s desire to develop an actionable narrative, supported by data, of Tri-Valley Human Service needs.
Funding & MOU
The project will be funded equally by the cities of Dublin, Livermore, and Pleasanton. Pleasanton will serve as the project lead and fiscal agent, entering into a professional services agreement with JSI. A Memorandum of Understanding will be entered into formalizing the project and funding obligations amongst the three cities.
The base scope of work from JSI totals $203,885 and $30,582 (15%) was added as a project contingency should additional work be necessary that is outside the base scope. The base scope of work, plus contingency, brings the project total to $234,467. Each City’s one-third share contribution is outlined in Table 1.
Table 1: Contribution by City
City Base Contribution Total Contribution
with Contingency
Dublin $67,962 $78,155
Livermore $67,962 $78,155
Pleasanton $67,961 $78,157
It is anticipated that the Needs Assessment will take 15-18 months to complete, including the final report recommendation and approval by each City’s respective Commission and City Council. 47
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving a Memorandum of Understanding between the City of Dublin, City of Livermore, and City of Pleasanton for Execution of an Update to the 2011 Eastern Alameda County Human Services Needs Assessment
2) Exhibit A to the Resolution – Memorandum of Understanding 48 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 06/21/2022 Page 1 of 1 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN,
CITY OF LIVERMORE, AND CITY OF PLEASANTON FOR EXECUTION OF AN UPDATE TO THE 2011 EASTERN ALAMEDA COUNTY HUMAN SERVICES NEEDS ASSESSMENT WHEREAS, the cities of Dublin, Livermore, and Pleasanton desire to complete an update to the 2011 Eastern Alameda County Human Services Needs Assessment; and WHEREAS, through a formal Request for Proposals and selection process, JSI Research and Training Institute, Inc. (JSI) was recommended as the consultant to lead the project; and
WHEREAS, the cost for the project will be shared equally amongst the cities of Dublin, Livermore, and Pleasanton, with the City of Pleasanton serving as the fiscal agent; and WHEREAS, the cities of Dublin, Pleasanton and Livermore desire to enter into a Memorandum of Understanding to formalize the project and funding obligation of each City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Memorandum of Understanding with the City of Dublin, City of Livermore, and City of Pleasanton 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.
PASSED, APPROVED AND ADOPTED this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
49 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE CITY OF PLEASANTON
AND
THE CITY OF DUBLIN
AND
THE CITY OF LIVERMORE
FOR EXECUTION OF AN UPDATE TO THE 2011 EASTERN ALAMEDA COUNTY HUMAN
SERVICES NEEDS ASSESSMENT
This Memorandum of Understanding (MOU) is entered into as of July 1, 2022, between the City of Pleasanton, the City of Dublin, and the City of Livermore.
RECITALS
a. The City of Dublin, City of Livermore, and the City of Pleasanton desire to collaborate on updating the 2011 Eastern Alameda County Human Services Needs Assessment.
b. The City of Dublin, City of Livermore, and the City of Pleasanton desire to enter into this MOU to clarify the responsibilities of all parties in regard to the update to the 2011 Eastern Alameda County Human Services Needs Assessment.
NOW, THEREFORE, in consideration of the promises herein, the parties agree as follows:
1. The City of Dublin, City of Livermore, and the City of Pleasanton agree that JSI Research and Training Institute, Inc. (Consultant) should be retained to develop the Update to the 2011 Eastern Alameda County Human Services Needs Assessment.
2. The City of Pleasanton will act as the fiduciary agent and engage the Consultant in a Professional Service Agreement for a term of two years, at a cost that will not exceed $234,467. The Professional Services Agreement is attached to this MOU as Exhibit A, in substantially the same form as what will be fully executed by the City of Pleasanton and the Consultant.
3. The amount to be paid by each city is to be divided as follows:
City Base Contribution Total Contribution using
100% of Contingency
Dublin $67,962 $78,155
Livermore $67,962 $78,155
Pleasanton $67,961 $78,157
Total Project Cost $203,885 $234,467
4. The City of Pleasanton will seek reimbursement from the City of Dublin and the City of Livermore for their respective share of the project cost, by December 31, 2024. The City of Dublin and the City of Livermore agree to pay the City of Pleasanton within 30 days of receiving an invoice from the City of Pleasanton.
Attachment 2
50 5. In the event that the contract with Consultant is terminated, or the City of Pleasanton no longer wishes to serve as the fiduciary agent, all unspent funds received by the City of Pleasanton will be returned to the City of Dublin and the City of Livermore based upon the proportion paid by each.
6. The term of this MOU is from July 1, 2022 through June 30, 2024. If the contract with Consultant is extended, this MOU is automatically so extended.
7. Any amendments to the contract with Consultant as to term, cost, or scope of work must be agreed to by the City of Dublin, the City of Livermore, and the City of Pleasanton. No party will authorize the Consultant to exceed the contracted costs without the consent of all three cities.
8. Should any of the cities engage the Consultant to initiate a specific task unique to their city, the financial obligation and project management for that specific task will be the sole responsibility of that city and will not be covered under this MOU or the contract with Consultant described in Section 2, above.
9. Project management for the Joint Eastern Alameda County Human Services Needs Assessment will be shared by staff from the City of Dublin, City of Livermore, and the City of Pleasanton.
Staff will work collaboratively to ensure that project timelines are met and project deliverables are met.
10. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
11. This MOU constitutes the entire understanding of the parties.
THIS MOU executed the date and year first above written.
CITY OF PLEASANTON CITY OF DUBLIN CITY OF LIVERMORE
________________________ ______________________ _____________________________ Gerry Beaudin, City Manager Linda Smith, City Manager Marianna Marysheva, City Manager
ATTEST: ATTEST: ATTEST:
______________________ ______________________ ________________________ Jocelyn Kwong, City Clerk Marsha Moore , City Clerk Marie Weber, City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM APPROVED AS TO FORM:
________________________ ______________________ ________________________ Dan Sodergren, City Attorney John Bakker, City Attorney Jason Alcala, City Attorney Attachment 2
51 Exhibit A
City of Pleasanton Professional Services Agreement
Attachment 2
52 PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 1 day of July 2022, between the CITY OF PLEASANTON, a municipal corporation (“City”), and JSI Research and Training Institute, Inc., a public health and research firm, whose address is 2080 Addison Street #4, Berkeley, CA, 94704, and telephone number is (415) 400- 0020, (“Consultant”).
RECITALS
A. Consultant is qualified to and experienced in providing public health research and consulting for the purposes specified in this Agreement.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:
1. Consultant’s Services. Subj
ect to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A.
2. City Assistance, F
acilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A.
3. Terms. Thi
s Agreement shall commence on the date written above and shall expire on June 30, 2024. The Agreement may be administratively extended by mutual agreement of the parties if needed to complete the services.
4. Compensation. Ci ty shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $234,467.
a. Invoi
ces submitted to City must contain a brief description of work performed, time used and City reference number. Payment shall be made within thirty (30) days of receipt of Consultant’s invoice and approved by City.
b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by Attachment 2
53 City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
5. Sufficiency of Consultant’s Work. Al
l work product and all other documents prepared by
Consultant shall be adequate and sufficient to meet the purposes for which they are prepared.
6. Ownership of Work. Al
l work product and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
7. Changes. Ci
ty may request changes in the scope of services to be provided by Consultant.
Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.
8. Consultant’s Status.
In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.
9. Termination for Convenience of City. T
he City may terminate this Agreement at any time
by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.
10. Non-Assignability.
The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
11. Indemnity and Hold Harmless. Cons
ultant shall defend, indemnify, and hold harmless,
the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City’s acceptance of the Attachment 2
54 insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph.
12. Insurance. D
uring the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:
a. General Liability and Bodily Injury Insurance. C
ommercial general liability
insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss.
b. Automobile Liability Insurance. A
utomobile liability insurance with limits not less
than $2,000,000 per person/per occurrence.
c. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all of
Consultant’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.
c. Professional Liability Insurance.
Professional liability insurance in the amount of
$2,000,000.
d. C
ertificate of Insurance. Consultant shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
e. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.
f. Defense Costs. C
overage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusions.
Attachment 2
55 g. Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.
13. Notices. Al
l notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To C
onsultant: JSI Research and Training Institute To City: City Manager 2080 Addison Street #4 City of Pleasanton
Berkeley, CA 94704 P.O. Box 520
Attn: ______________ Pleasanton, CA 94566
14. Conformance to Applicable Laws. Cons
ultant shall comply with all applicable Federal,
State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
15. Licenses, Certifications and Permits. P
rior to the City’s execution of this Agreement and
prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.
16. Records and Audits. Cons
ultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.
17. Confidentiality. Co
nsultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.
19. Waiver. I
n the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.
20. Governing Law. Ca
lifornia law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.
Attachment 2
56 21. No Personal Liability. N o official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.
22. Exhibits. A
ll exhibits referred to herein are attached hereto and are by this reference incorporated herein.
23. Counterparts and Electronic Signatures. T
his Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
24. Scope of Agreement. T
his writing constitutes the entire Agreement between the parties.
Any modification to the Agreement shall be in writing and signed by both parties.
THI
S AGREEMENT executed the date and year first above written.
CITY OF PLEASANTON CONSULTANT
__________________________ By: __________________________ Gerry Beaudin, City Manager Signature
ATTEST: __________________________
Print name
__________________________
Jocelyn Kwong, City Clerk Its: __________________________ Title
APPROVED AS TO FORM: {two signatures required for corporation}
__________________________
Daniel G. Sodergren, City Attorney By: __________________________ Signature
Rev. 5/22 __________________________
Print name
Its: __________________________
Title
Attachment 2
57 Exhibit B
Scope of Work
Attachment 2
58 Proposal for Eastern Alameda County Human
Services Needs Assessment - JSI Amendment
May 3, 2022
In response to the stated needs of Tri-Valley Leadership, we have adapted our original proposal to include the following:
1. Timeline and Qualitative Approach Updates:
a. The timeline has been adjusted to 15 months (approximately mid-July 2022 through mid- October 2023). This additional time will enable the Project Team to expand the qualitative data collection process and ensure varied and vital perspectives are engaged throughout the process. This includes four added Commission meetings to gather input from the Commissioners of each city. The Project Team and Steering committee will attend one Joint Committee meeting at the beginning of the project period to allow for public comments on the intention, work plan, and goals of the Needs Assessment process. We will attend three separate City meetings once the Needs Assessment report is drafted. b. We will plan to attend six City Council meetings, two for each city. The first meeting will take place in Phase 1 to inform Council and community members about the process. The second meeting will take place during Phase 3 before the cumulative data analysis. c. We will convene two additional meetings with a group of 7-8 nonprofits that work collaboratively with Tri-County to meet the needs of the community. The first meeting will be a focus group interview completed during qualitative data collection (Phase 3). The second meeting will take place in the report generation phase of the project (Phase 4) to solicit feedback on themes from the data analysis and review draft recommendations for feasibility.
d. We have built in time for two drafts of the report and two opportunities to integrate feedback and revisions from advisors, Commissioners, City Council, and the community at large before producing the final report. We have noted that the final report will need to have a clear narrative that Tri-Valley leaders can use to engage policymakers.
2. The Stakeholder Advisory Committee: Based on feedback from City leaders, we have expanded the committee to 7-10 participants. This may grow slightly should there be a need to add more perspectives to the committee; however, we recommend a committee with a maximum of 12 members to allow for a balance of input and forward momentum.
The committee will also include a member of the Alameda County staff in order to build relationships, increase transparency, and identify opportunities for County collaboration and support around Tri-Valley needs.
Attachment 2
59 Please see the updated high level timeline, detailed timeline with deliverables and corresponding budget below.
High-Level Timeline
Attachment 2
60 Detailed Timeline
Phase 1- Project Management and Coordination / Establish Timelines and Schedules (July - August 2022)
Task Specific Activities Timeline
Kick-off Meetings
(~ 2 meetings needed)
● Review equity framework
● Confirm scope of work and approach.
Establish project timelines, milestones and
schedule
● Identify and Onboard community representative
for Steering Committee
● Establish communication plan
● Develop schedule for meetings between Project
Team and Steering Committee
● Develop information gathering outreach plan
● Identify potential SAC participants
● Identify dates or time frame for City Council meetings for each city ( 6 total), and Commision meetings (4
total)
Deliverable: Project Work Plan, Timeline, and Scope of Services July 2022
Community Meetings Scheduling
(between meetings)
● Present proposed schedule for community and
stakeholder meetings
● Present proposed schedule for publicly noticed City
and Commissioner meetings
Deliverable: Schedule for community and stakeholder
meetings, schedule for public noticed City meetings
August 2022
Joint Commission Meeting ● Introduction to the project, work plan, approach and intent to reinvigorate the Needs Assessment
process
TBD - Proposed
August/Septemb
er 2022
Attachment 2
61 Phase 2 - Quantitative Data Collection
(September - October 2022)
Task Specific Activities Timeline
If not scheduled previously,
attend Commission meeting
● Introduction to the project, work plan, approach and
intent to reinvigorate the Needs Assessment process
September 2022
2 - Data Review, Collection,
Identify Themes (Phase 2)
● Review, collect and analyze quantitative data outlined in detail above
● Review the impacts of public policy and economic
events on needs and service delivery. This should
include how the changing federal, state and county
priorities and guidelines impact resources, impacts of
the pandemic, shift in private and public funding
streams, and the economic growth on needs, services
and infrastructure.
Deliverable: Itemized description of existing human services currently being offered in the Tri-Valley. Summary of
potential problems, gaps, areas of overlap, strengths and weaknesses.
September 2022
Monthly Steering Committee
Meeting
● Work plan review
● Discuss ongoing data collection tasks
● Confirmation and orientation of SAC
October 2022
Phase 3 - Stakeholder Advisory Committee (SAC) and Qualitative Data Collection (November 2022- May 2023)
Task Specific Activities Timeline
Stakeholder Advisory Committee
Onboarding
● Establish and coordinate a Stakeholder Advisory
Committee (SAC). Composed of Tri-Valley human
service recipients, individuals with lived experiences, Tri-Valley Human Services City Commissioners,
advocates, social service agencies, Alameda County
November 2022
Attachment 2
62 and local nonprofits
Monthly Steering Committee
Meeting
● Work plan review
● Phase 2 deliverable review
● SAC committee planning
● Outreach to community partners
November 2022
Stakeholder and Steering
Committee Joint Meeting
● Facilitation training for SAC
● Confirm outreach plan for information gathering
● Review interview and key informant tools and schedule December 2022
Focus Group and Key Informant
Interviews
● Manage the tools necessary to collect community
input and data
December 2022 -
May 2023
Public Meetings including
City Council Meetings
● Engage the communities, lead and facilitate
community meetings, focus groups, stakeholder
meetings and service providers
● Attend, lead and facilitate City Council,
Commission and community meetings in all
three Cities.
● Complete 15 Key Informant Interviews and 10 focus
groups (3 per city)
● 3 City Council Meetings (1 for each city)
December 2022 -
May 2023
SAC Meeting #3 ● Assess progress of informant interviews, focus groups, and outreach meetings. Troubleshoot any
issues
● Review data and themes collected thus far, identify
potential gaps in qualitative data collection plan
Deliverable: SAC Summary Report with findings from the SAC discussions and meetings, Outreach Summary Report with
findings from all public meetings. details of attendees and comments received at each presentation.
April 2023
Monthly Steering Committee
Meetings
● Deliverable review and feedback
● Work plan updates
December - May
2023
Attachment 2
63 Phase 4 - Complete Data Analysis and Peer Review
(June- August 2023)
Task Specific Activities Timeline
Monthly Steering Committee
Meetings
● Deliverable review and feedback
● Work plan review
● Discuss scheduling for presentation of draft reports
June - August
2023
Data Analysis ● Identify and interview Tri-Valley human service providers to further clarify human service and
infrastructure needs including local non-profit
organizations
● Analyze existing Tri-Valley human services
including needs and gap areas
● Identify where residents needing access to services
reside in the Tri-Valley
● Analyze all applicable data (federal, state and local) ● Identify funding sources including; local, county,
state, federal and private funding
● Compare information from the 2011 Eastern
Alameda County Human Services Needs Assessment
and provide a comprehensive inventory of programs
being provided in the Tri-Valley region to identify
change/improvements in service delivery and
infrastructure
● Prepare forecasts and key trends for Tri-Valley human service and infrastructure needs
● Articulate themes through the analysis process
into goals, strategies and implementation plans.
Deliverable: Provide estimated short term (2 - 5 year) and longer (10 year) term human service needs (services and infrastructure) and key trends for the Tri-Valley. Include potential funding partners/sources.
June 2023 -
August 2023
Peer review ● Review findings with non-profit organizations supporting Tri-Valley area
● Evaluate and compare human
service/infrastructure delivery models and policies
June - August
2023
Attachment 2
64 for similar areas in the greater San Francisco Bay
Area and potentially beyond if necessary (utilize
what others are doing to use an example to inform
recommendations- where we can also highlight the
relationships we have with the different
cities/counties)
Deliverable: Peer Review Report.
Public Meetings including
City Council Meetings and
Commission Meetings
● Engage the communities, lead and facilitate
community meetings, focus groups, stakeholder
meetings and service providers
● Present themes and initial findings from draft
report to City Councils (one in each city), and
Commission (one in each city)
June - August
2023
Stakeholder Advisory Committee
Meeting #4
● Review findings and discuss communication plans August 2023 Phase 5- Recommendations and Implementation Plans
(September - October 2023)
Task Specific Activities Timeline
Monthly Steering Committee
Meetings
● Review findings and finalize implementation and
communication plans
● Establish schedule for presentation of reports
Sept 2023
Recommendations and
Implementation Plans
● Describe Tri-Valley human service needs for the
next five to 10 years
● Provide final recommendations that address
comprehensive research and analysis
● Provide recommendations for innovative changes
to human service delivery model(s)
● Develop goals, strategies, implementation plans and
potential partners and package these findings into a
final report; one report combines all three Cities as a region and one each for the Cities of Dublin,
Livermore and Pleasanton, including; - Ranking
October 2023
Attachment 2
65 human service needs/gap areas in priority order -
● Providing human service needs/gaps as well as
infrastructure needs in each plan -Identifying
associated costs for needs/gaps -Identifying potential
funding opportunities
● As part of the final report, issue an executive
summary that includes statistics and trends
addressing human service needs in the Tri-Valley in
the present and in the future (2030)
Deliverable: Final report including recommendations and implementation plans, human services “service” needs/gap implementation plan for each City, human services
“infrastructure” needs/gap implementation plan for each City, Tri-Valley regional implementation plan
Attachment 2
66 Budget
Personnel
Staff Position
Budgeted
hours
Rate per
hour Total
Becky Reno Project Director/Data Lead 384 $150.00 $57,600 Corina Pinto Data Lead 359 $120.00 $43,080
Deanna Lewis Project Manager/Community Engagement 399 $120.00 $47,880 Project Associate - TBD Administrative Support 339 $90.00 $30,510 Total JSI Staff Fees $179,070
Subcontractors
Pleasanton Community Representative Community Engagement Interviews Activities 53 $50 $2,650 Dublin Community Representative Community Engagement Interviews Activities 53 $50 $2,650 Livermore Community Representative Community Engagement Interviews Activities 53 $50 $2,650 Community Representative Undecided location Community Engagement Interviews Activities 53 $50 $2,650 Total Subcontractor Fees $10,600
Total Professional Fees $189,670
Other Direct Costs
Incentives $6,315
Recruitment Materials/Campaign $1,000
Meals/Snacks for Community Meetings ($20) $1,900
Translation Services (10 cents per word) $1,000
Travel (20 trips) $1,000
Honorariums for SAC and Steering Committee ($500) 3,000 Total Estimated Project Budget $203,885
Attachment 2
67 STAFF REPORT
CITY COUNCIL
Agenda Item 4.6
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Advanced Integrated Pest Management for Pest Control Services
Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Advanced Integrated Pest Management for pest control services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Advanced Integrated Pest Management for Pest Control Services.
FINANCIAL IMPACT:
The proposed Fiscal Year 2022-23 contract amount is $49,740 for base services in year one, including $11,340 for City owned facilities, $38,400 for the Camp Parks Reserve Forces Training Area, plus $2,000 in contingency for as-needed additional services. Sufficient funds were included in the Fiscal Year 2022-23 Budget to cover these costs. The contract term totals three years, for a total not-to-exceed amount of $159,742, including contingency. All expenditure for services provided to the Camp Parks Reserve Forces Training Area will be reimbursed to the City through the Intergovernmental Support Agreement with Camp Parks.
DESCRIPTION:
The Public Works Department utilizes contractors for a variety of maintenance services, including pest control and integrated pest management. On April 6, 2022, the City issued a Request for Proposals (RFP) for routine pest control services in and around City buildings and within the Camp Parks Reserve Forces Training Area (Camp Parks). The RFP specified that the vendor selection would be based on quality and completeness of submissions, the company's experience with engagements of similar scope and complexity, experience and qualifications of assigned 68
individuals, and satisfaction of previous clients. The RFP was sent to contractors previously under contract with the City and to those that had expressed interest in receiving RFPs. The RFP was also posted on the City's website.
In response to the RFP, Staff received proposals from the four firms listed below.
SUBMITTED PROPOSALS
Advanced Integrated Pest Management
Hunters Services Inc.
Omega Termite and Pest Control Inc.
Sprague Pest Solutions
After evaluating the four proposals, Staff identified Advanced Integrated Pest Management as the most qualified to provide the desired services. It should be noted that while the City's Purchasing Ordinance allows the selection of maintenance contractors based on considerations other than price, Advanced Integrated Pest Management also provided the lowest bid. Advanced Integrated Pest Management has provided pest control services at City buildings since July 2017 and on Camp Parks, through the Intergovernmental Support Agreement since January 2020. The RFP solicitation was for a three-year term of services.
Total Cost
The table below shows the total estimated annual costs for each year provided to the City and to Camp Parks.
Year 1 Year 2 Year 3 Total
City Facilities $11,340 $11,680 $12,031 $35,051
Camp Parks RFTA $38,400 $39,552 $40,739 $118,691
Contingency $2,000 $2,000 $2,000 $6,000
TOTAL $51,740 $53,232 $54,770 $159,742
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
69
ATTACHMENTS:
1) Resolution Approving an Agreement with Advanced Integrated Pest Management for Pest Control Services
2) Exhibit A to the Resolution – Agreement with Advanced Integrated Pest Management for Pest Control Services
3) Request for Proposals – Pest Control Services
4) Proposal – Advanced Integrated Pest Management
70 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 06/21/22 Page 1 of 1 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH ADVANCED INTEGRATED PEST MANAGEMENT
FOR PEST CONTROL SERVICES
WHEREAS, Staff issued a Request for Proposals (RFP) for pest control services for City and Camp Parks facilities; and
WHEREAS, the City received four responses to the RFP; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating criteria and determined that Advanced Integrated Pest Management best met the City’s desired scope of services based on quality and completeness of submissions, the company's experience with engagements of similar scope and complexity, experience and qualifications of assigned individuals, and satisfaction of previous clients; and
WHEREAS, the City now desires to enter into an agreement with Advanced Integrated Pest Management for a three-year term for pest control services at City buildings and at Camp Parks via the current Intergovernmental Support Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Advanced Integrated Pest Management, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
71 Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ADVANCED INTEGRAGED PEST MANAGEMENET
THIS AGREEMENT for pest control management services is made by and between the City of Dublin (“City”) and Advanced Integrated Pest Control (“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, 2025, 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 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless Attachment 2
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City of Dublin and Advanced Integrated Pest Management Page 2 of 15 currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed ($159,742) one hundred and fifty-nine thousand, seven hundred forty two dollars, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
▪ 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;
▪ 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 Attachment 2
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City of Dublin and Advanced Integrated Pest Management Page 3 of 15 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.
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 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10 [Intentionally Deleted].
Attachment 2
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
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 Attachment 2
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor engage a subcontractor or subconsultant as the project’s safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.
VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self- insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
Attachment 2
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City of Dublin and Advanced Integrated Pest Management Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Workers’ Compensation Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection 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.
Attachment 2
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c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
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 Attachment 2
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City of Dublin and Advanced Integrated Pest Management Page 8 of 15 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 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 Attachment 2
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City of Dublin and Advanced Integrated Pest Management Page 9 of 15 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.
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.
Attachment 2
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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.
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.
Attachment 2
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
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 Attachment 2
82 Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management Page 12 of 15 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
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.
Attachment 2
83 Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management Page 13 of 15
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
Advanced Integrated Pest Management
Attn: Gary Fonzi
4070 Nelson Avenue, Ste. J/K
Concord, CA 94520
Any written notice to City shall be sent to:
City of Dublin
Attn: Public Works Manager
100 Civic Plaza
Dublin, CA 94568
Attachment 2
84 Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management Page 14 of 15
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 & Reimbursable Expenses
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.
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
85 Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management 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 ADVANCED INTEGRATED PEST MANAGEMENT
Linda Smith, City Manager Brian Romani, President
Attest:
Contractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
Attachment 2
86 Services Agreement between July 1, 2022
City of Dublin and Advanced Integrated Pest Management Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
Contractor shall treat and/or provide for an environment that is free from, but not limited to, the following pests:
1. Spiders, cockroaches, and beetles
2. Crickets and grasshoppers
3. Ants (all species), earwigs, sow bugs, and silverfish
4. Fleas and other biting insects
5. Wasps, hornets and other stinging insects nesting in the interior or exterior, up to a maximum height of two (2) stories
6. Mice, rats, and other rodents
Pest control services shall be performed at all City facilities, as listed in Exhibit B.
All Contractor personnel shall wear a uniform with proper identification whenever working in or around any City facility. Contractor personnel shall schedule all visits prior to providing services with the Public Works Manager or designee, and Contractor personnel shall check in with City staff before performing services to receive an update on any issues that may have come up since the last routine service.
The Contractor personnel must perform a thorough inspection during routine service. Contractor personnel shall provide the City with an electronic copy of the inspection report within one week of service in order to report any issues that may be addressed by the City prior to the next scheduled service (i.e. trim vegetation away from building, install door sweeps, etc.).
Complaints and service requests between routine services must be addressed within 24 hours after notification and will be at no additional cost to the City.
All pest control services shall be performed in accordance with Federal, State and Local rules and regulations. Any and all chemicals used during the service must be approved for its intended use and applied in a manner consistent with the regulations established by the State of California Department of Pesticide Regulation and consistent with Federal and Cal OSHA standards.
Contactor shall establish and submit to the Public Works Manager a schedule of services to be performed at each facility. Each facility shall be serviced monthly, unless noted otherwise.
This Agreement will allow for addit ional facilities to be added to t he list in Exhibit B as determined by the Public Works Manager, or their designee . In addition, Public Works Manager, or their designee, may approve, in writing, additional work for unforeseen services on top of items approved in this Agreement.
Attachment 2
87 Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B – Page 1 of 4
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Site # Facility Floors Interior
Building
Exterior
Building Frequency
Total
Monthly
Rate
Total
Annual
Rate
1 City Hall
100 Civic Plaza 2 X X Monthly $105 $1,260
2 Library
200 Civic Plaza 1 X X Monthly $75 $900
3 Public Safety Complex
6363 Clark Avenue 1 X X Monthly $105 $1,260
4 Shannon Center
11600 Shannon Avenue 1 X X Monthly $75 $900
5 Senior Center
7600 Amador Valley
Boulevard
1 X X Monthly $75 $900
6 Heritage Park & Museum
(Old St. Raymond Church &
Schoolhouse)
6600 Donlon Way
1 X X Monthly $70 $840
7 Historic Park (Kolb House)
6600 Donlon Way 1 X X Monthly $60 $720
8 The WAVE
4201 Central Parkway 1 X X Monthly $125 $1,500
9 City Corporation Yard
5709 Scarlett Court 1 X X Monthly $75 $900
10 Fire Station 16
7494 Donohue Drive 1 X X Monthly $60 $720
11 Fire Station 17
6700 Madigan Drive 1 X X Monthly $60 $720
12 Fire Station 18
4800 Fallon Road 1 X X Monthly $60 $720
The following sites/locations are located in the Camp Parks RFTA 150 Warehouse 2 X Upon
Request $40 $480
162 Warehouse 1 X Upon
Request
$40 $480
Attachment 2
88 Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B – Page 2 of 4
171 Warehouse 1 X Upon
Request $40 $480
275 Visitor Center 1 X X Weekly $25 $300
277 Guard Shack 1 X X Weekly $25 $300
278 Guard Shack 1 X X Weekly $25 $300
282 Guard Shack 1 X X Weekly $25 $300
300 Administrative 2 X X Monthly $50 $600
301 Administrative 2 X X Monthly $50 $600
302 Administrative 2 X X Monthly $50 $600
303 Fitness Center 2 X X Weekly $50 $600
304 Administrative 2 X X Monthly $50 $600
306 Administrative 2 X X Monthly $50 $600
309 Storage 1 X Monthly $40 $480
310 Administrative 2 X Monthly $50 $600
311 Administrative 1 X X Weekly $50 $600
312 Administrative 1 X X Weekly $50 $600
313 Warehouse 1 X Monthly $40 $480
320 Administrative 2 X Monthly $50 $600
321 Administrative 2 X Monthly $50 $600
330 Administrative 2 X Upon
Request $50 $600
332 Dining Facility 3 X X Weekly $100 $1200
334 Warehouse 1 X Monthly $40 $480
342 Storage 1 X Monthly $40 $480
350 Administrative 1 X X Weekly $50 $600
360 Barracks 2 X X Weekly $50 $600
361 Barracks 2 X X Weekly $50 $600
362 Barracks 2 X X Weekly $50 $600
363 Barracks 2 X X Weekly $50 $600
364 Barracks 2 X X Weekly $50 $600
373 Administrative 2 X X Weekly $50 $600
Attachment 2
89 Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B – Page 3 of 4
387 Container Storage 1 X Upon
Request $50 $600
388 Container Storage 1 X Upon
Request $30 $360
389 Container Storage 1 X Upon
Request $30 $360
390 Barracks 2 X X Monthly $30 $360
391 Barracks 2 X X Monthly $50 $600
392 Barracks 2 X X Monthly $50 $600
393 Barracks 2 X X Monthly $50 $600
394 Barracks 2 X X Monthly $50 $600
398 Laundry Facility 1 X X Weekly $50 $600
490 Vehicle Maintenance 1 X X Weekly $40 $480
494 Warehouse 1 X X Weekly $40 $480
495 Admin/Storage 1 X Upon
Request $50 $600
510 Administrative 2 X X Weekly $50 $600
511 Storage 1 X Upon
Request $40 $480
512 Storage 1 X Monthly $40 $480
514 Administrative 1 X X Weekly $50 $600
515 Storage 1 X Monthly $40 $480
516 Vehicle Maintenance 1 X Monthly $40 $480
517 Administration 2 X X Weekly $50 $600
521 Administration/Rally 1 X X Weekly $50 $600
522 Storage 1 X Upon
Request $40 $480
610 Administrative 1 X X Weekly $50 $600
612 Storage 1 X Upon
Request $40 $480
620 Administrative 1 X X Weekly $50 $600
628 Admin/Toilet 1 X Upon
Request $50 $600
635 NEC Node 1 X Upon
Request $40 $480
650 Administrative 2 X X Monthly $50 $600
Attachment 2
90 Services Agreement between
City of Dublin and Advanced Integrated Pest Management
July 1, 2022
Exhibit B – Page 4 of 4
659 Administrative 3 X X Weekly $50 $600
665 Admin/Storage 1 X X Monthly $50 $600
677 Administrative 1 X X Monthly $50 $600
685 Warehouse/Storage 1 X X Monthly $50 $600
791 Admin/Shops 1 X X Weekly $40 $480
1192 Access Control 1 X Upon
Request $50 $600
1195 Range OPS/Storage 1 X Upon
Request $50 $600
1206 Administrative 1 X Upon
Request $50 $600
1209 Administrative 1 X Upon
Request $50 $600
1211 Administrative 1 X Upon
Request $50 $600
0396A Baseball Dugout (R) 1 X Upon
Request $25 $300
0396B Baseball Dugout (L) 1 X Upon
Request $25 $300
J1210 Administrative 1 X Upon
Request $50 $600
MISC Curbs 1 X Bimonthly $25 $300
MISC Gravel Areas 1 X Bimonthly $25 $300
R0EST Administrative 1 X Upon
Request $50 $600
R396C Baseball (Booth) 1 X Upon
Request $25 $300
TR490 Showers 1 X Upon
Request $25 $300
Agreement will allow for additional facilities to be added to the above list and approved by the Public Works Manager. In addition, the Public Works Manager may approve additional unforeseen services on top of items approved in this Agreement.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: [email protected] no more than once monthly and as work is completed.
Year 1 Year 2 Year 3 Total
City Facilities $11,340 $11,680 $12,031 $35,051
Camp Parks – RFTA $38,400 $39,552 $40,739 $118,691
Contingency $2,000 $2,000 $2,000 $6,000
Totals $51,740 $53,232 $54,770 $159,742
Attachment 2
91 REQUEST FOR PROPOSALS
Pest Control Services
City of Dublin
Proposals must be received by: Thursday, April 28, 2022 at 4:00 p.m. (Pacific Time) Meagan Hanna
Administrative Aide
City of Dublin Public Works Department
100 Civic Plaza
City of Dublin, CA 94568
Attachment 3
92 Request for Proposal
For
Pest Control Services
Overview
The City of Dublin (City) is requesting proposals from qualified pest control applicator (contractor) businesses. The City intends to select an operator who is registered and licensed in the State of California to provide pest control services to the City in order to provide for a pest free environment for employees and visitors to City maintained facilities within the City of Dublin.
Scope of Work
Contractor to treat and/or provide for an environment that is free from, but not limited to, the following pests:
1. Spiders, cockroaches, and beetles
2. Crickets and grasshoppers
3. Ants (all species), earwigs, sow bugs, centipedes, and silverfish
4. Fleas and other biting insects
5. Wasps, hornets and other stinging insects nesting in the interior or exterior, (up to a maximum height of two (2) stories) and subterranean nests within 50 feet of a facility.
6. Mice, rats, and other interior rodents
7. Gopher, moles and voles (limited treatment at Camp Parks RFTA; SEE MAP)
Considerations:
The successful proposal will, at a minimum, provide the following to meet the specific needs of the City of Dublin:
1. Contractor shall provide pest control services at all City and select Camp Parks Reserve Forces Training Area facilities.
2. All contractor personnel shall wear a uniform with company identification whenever working in or around any City facility. Contract personnel shall schedule all visits prior to providing services with the Public Works Maintenance Superintendent (or his designee) and Contract personnel shall check in with City staff before performing services to receive an update on any issues that may have come up since the last routine service.
3. Contractor must perform a thorough inspection during routine service. Contractor personnel shall provide the City with a copy of the inspection report (electronically) within one week of service in order to report any issues that may be addressed by the City prior to the next scheduled service (i.e., trim vegetation away from building, install door sweeps, etc.).
4. Complaints and service requests between routine services must be addressed within 24 hours after notification and will be at no additional cost to the City.
5. All pest control services shall be performed in accordance with Federal, State and Local rules and regulations. Any a nd all chemicals used during the service must b e approved Attachment 3
93 for its intended use and applied in a manner consistent with the regulations established by the State of California Department of Pesticide Regulation and consistent with Federal and Cal OSHA standards.
6. Contactor shall establish and submit to the Public Works Maintenance Superintendent a schedule of services to be performed at each facility. Each facility shall be serviced monthly, unless noted otherwise.
7. Contractor shall submit a copy of the company’s IPM policy along with the proposal.
Should the company not have a current IPM policy, the contractor must establish an IPM policy and submit it along with the proposal. The contractor selected to provide pest control services to the City, shall implement the IPM policy by the start date of service.
8. Furnish all labor, materials and equipment necessary to complete tasks
9. Contractor shall complete the compensation schedule attached herein as Attachment B and include with the proposal by the submission deadline.
Locations and Frequencies
Site# Facility Floors Interior
Building
Exterior
Building Frequency
1 City Hall
100 Civic Plaza 2 X X Monthly
2 Library
200 Civic Plaza 1 X X Monthly
3 Public Safety Complex
6363 Clark Avenue 1 X X Monthly
4 Shannon Center
11600 Shannon Avenue 1 X X Monthly
5 Senior Center
7600 Amador Valley Boulevard 1 X X Monthly
6 Heritage Park & Museum
(Old St. Raymond Church &
Schoolhouse)
6600 Donlon Way
1 X X Monthly
7 Historic Park (Kolb House)
6600 Donlon Way 1 X X Monthly
8 The WAVE
4201 Central Parkway 1 X X Monthly
9 City Corporation Yard
5709 Scarlett Court 1 X X Monthly
10 Fire Station 16
7494 Donohue Drive 1 X X Monthly
11 Fire Station 17
6700 Madigan Drive 1 X X Monthly
12 Fire Station 18
4800 Fallon Road 1 X X Monthly
The following sites/locations are located in the Camp Parks RTFA* Attachment 3
94 150 Warehouse 2 X Upon
Request
162 Warehouse 1 X Upon
Request
171 Warehouse 1 X Upon
Request
275 Visitor Center 1 X X Weekly
277 Guard Shack 1 X X Weekly
278 Guard Shack 1 X X Weekly
282 Guard Shack 1 X X Weekly
300 Administrative 2 X X Monthly
301 Administrative 2 X X Monthly
302 Administrative 2 X X Monthly
303 Fitness Center 2 X X Weekly
304 Administrative 2 X X Monthly
306 Administrative 2 X X Monthly
309 Storage 1 X Monthly
310 Administrative 2 X Monthly
311 Administrative 1 X X Weekly
312 Administrative 1 X X Weekly
313 Warehouse 1 X Monthly
320 Administrative 2 X Monthly
321 Administrative 2 X Monthly
330 Administrative 2 X Upon
Request
332 Dining Facility 3 X X Weekly
334 Warehouse 1 X Monthly
342 Storage 1 X Monthly
350 Administrative 1 X X Weekly
360 Barracks 2 X X Weekly
361 Barracks 2 X X Weekly
362 Barracks 2 X X Weekly
363 Barracks 2 X X Weekly
Attachment 3
95 364 Barracks 2 X X Weekly
373 Administrative 2 X X Weekly
387 Container Storage 1 X Upon
Request
388 Container Storage 1 X Upon
Request
389 Container Storage 1 X Upon
Request
390 Barracks 2 X X Monthly
391 Barracks 2 X X Monthly
392 Barracks 2 X X Monthly
393 Barracks 2 X X Monthly
394 Barracks 2 X X Monthly
398 Laundry Facility 1 X X Weekly
490 Vehicle Maintenance 1 X X Weekly
494 Warehouse 1 X X Weekly
495 Admin/Storage 1 X Upon
Request
510 Administrative 2 X X Weekly
511 Storage 1 X Upon
Request
512 Storage 1 X Monthly
514 Administrative 1 X X Weekly
515 Storage 1 X Monthly
516 Vehicle Maintenance 1 X Monthly
517 Administration 2 X X Weekly
521 Administration/Rally 1 X X Weekly
522 Storage 1 X Upon
Request
610 Administrative 1 X X Weekly
612 Storage 1 X Upon
Request
620 Administrative 1 X X Weekly
628 Admin/Toilet 1 X Upon
Request
635 NEC Node 1 X Upon
Request
650 Administrative 2 X X Monthly
Attachment 3
96 659 Administrative 3 X X Weekly
665 Admin/Storage 1 X X Monthly
677 Administrative 1 X X Monthly
685 Warehouse/Storage 1 X X Monthly
791 Admin/Shops 1 X X Weekly
1192 Access Control 1 X Upon
Request
1195 Range OPS/Storage 1 X Upon
Request
1206 Administrative 1 X Upon
Request
1209 Administrative 1 X Upon
Request
1211 Administrative 1 X Upon
Request
0396A Baseball Dugout (R) 1 X Upon
Request
0396B Baseball Dugout (L) 1 X Upon
Request
J1210 Administrative 1 X Upon
Request
MISC Curbs 1 X Bimonthly
MISC Gravel Areas 1 X Bimonthly
R0EST Administrative 1 X Upon
Request
R396C Baseball (Booth) 1 X Upon
Request
TR490 Showers 1 X Upon
Request
*Start date to be determined by Public Works Maintenance Manager
Agreement will allow for additional services to be added to the above list as approved by the Public Works Maintenance Superintendent, or their designee.
Process and General Conditions
1. Proposers shall submit one electronic copy to:
Meagan Hanna, Administrative Aide
City of Dublin Public Works Department
100 Civic Plaza
Dublin, CA 94568
[email protected]
2. Deadline for submitting the proposal is Monday, April 28, 2022, at 4:00 p.m. to the Public Works Department at 100 Civic Plaza, Dublin, CA 94568.
Attachment 3
97 3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer.
Each proposal shall be limited to a maximum of 15 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Contractor’s team.
Schedule for RFP Process
Wednesday, April 6, 2022 Request for Proposals posted to City website
Thursday, April 14, 2022 Facility Tours are scheduled for April 14, 2022 beginning at 10:00 a.m. in the Public Works Conference Room at 100 Civic Plaza, Dublin, CA 94568. Please note: tours will involve travel to all facility locations.
Friday, April 15, 2022 Deadline to submit questions to City of Dublin
Monday, April 18, 2022 Addendum posted, if required
Thursday, April 28, 2022 Proposals are due no later than 4:00 PM on April 28, 2022
Tuesday, June 7, 2022 Contract Services Agreement scheduled for approval by the Dublin City Council.
(Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Proposal based on the requirements provided below.
Interested companies are requested to submit one electronic copy of their Proposal as follows:
1. Enclose a cover letter not to exceed one page, describing the company's interest and commitment to perform work necessary to provide contract services for pest control. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within the document and not as a separate page.
2. State the qualifications and experience of the company/individuals. Please emphasize the specific qualifications and experience with engagements of similar scope and complexity.
3. Provide at least three references (names and current phone numbers) from recen t work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your company performed.
4. List key staff members, including identification of the primary point -of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project on time and within budget.
5. Present a compensation rate schedule for services outlined in Scope of Work.
Attachment 3
98 6. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal.
Any Proposal submitted after the stated deadline will not be accepted for consideration.
Standard Contracting Agreement
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a unit price basis for a specified scope of work. The term of the agreement will begin July 1, 2022 and expire on June 30, 2025.
A sample of the Contract Services Agreement (Agreement) is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to 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, Proposer is to state in writing in the proposal that the Agreement is acceptable to Proposer.
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.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin.
This must include, but is not limited to, a lis t of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service s District, US Army Camp Parks Reserve Forces Training Area and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potent ial conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
Equal Employment Opportunity
Proposer shall not, 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, Attachment 3
99 military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”) either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws.
In the event of Proposer non -compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), mari tal 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. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ap prenticeship.
Proposer and its sub-contractors shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 121 12, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
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.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $1,000,000
Workers’ Compensation Insurance $1,000,000
References
Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP.
Attachment 3
100
Based on input from this review process, a recommendation will be made to the City Manager.
The City Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the contractor that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City.
Selection of Contractor
Proposals will be evaluated on the following:
a) responsiveness to the Request for Proposal questions b) experience of the firm
c) experience and qualifications of the assigned individuals d) satisfaction of previous clients
Attachment 3
101
Attachment A
Standard Contract Services Agreement
Attachment 3
(Removed for purposes of the June 21, 2022
Regular City Council Meeting Packet)
102
Attachment B
Compensation Schedule
Site# Facility Floors Interior
Building
Exterior
Building Frequency Total
Monthly
Total
Annual
1 City Hall
100 Civic Plaza 2 X X Monthly
2 Library
200 Civic Plaza 1 X X Monthly
3 Public Safety Complex
6363 Clark Avenue 1 X X Monthly
4 Shannon Center
11600 Shannon Avenue 1 X X Monthly
5 Senior Center
7600 Amador Valley
Boulevard
1 X X Monthly
6 Heritage Park & Museum
(Old St. Raymond Church &
Schoolhouse)
6600 Donlon Way
1 X X Monthly
7 Historic Park (Kolb
House)
6600 Donlon Way
1 X X Monthly
8 The WAVE
4201 Central Parkway 1 X X Monthly
9 City Corporation Yard
5709 Scarlett Court 1 X X Monthly
10 Fire Station 16
7494 Donohue Drive 1 X X Monthly
11 Fire Station 17
6700 Madigan Drive 1 X X Monthly
12 Fire Station 18
4800 Fallon Road 1 X X Monthly
The following sites/locations are located in the Camp Parks RFTA 150 Warehouse 2 X Upon
Request
162 Warehouse 1 X Upon
Request
171 Warehouse 1 X Upon
Request
Attachment 3
103
275 Visitor Center 1 X X Weekly
277 Guard Shack 1 X X Weekly
278 Guard Shack 1 X X Weekly
282 Guard Shack 1 X X Weekly
300 Administrative 2 X X Monthly
301 Administrative 2 X X Monthly
302 Administrative 2 X X Monthly
303 Fitness Center 2 X X Weekly
304 Administrative 2 X X Monthly
306 Administrative 2 X X Monthly
309 Storage 1 X Monthly
310 Administrative 2 X Monthly
311 Administrative 1 X X Weekly
312 Administrative 1 X X Weekly
313 Warehouse 1 X Monthly
320 Administrative 2 X Monthly
321 Administrative 2 X Monthly
330 Administrative 2 X Upon
Request
332 Dining Facility 3 X X Weekly
334 Warehouse 1 X Monthly
342 Storage 1 X Monthly
350 Administrative 1 X X Weekly
360 Barracks 2 X X Weekly
361 Barracks 2 X X Weekly
362 Barracks 2 X X Weekly
363 Barracks 2 X X Weekly
364 Barracks 2 X X Weekly
373 Administrative 2 X X Weekly
387 Container Storage 1 X Upon
Request
Attachment 3
104
388 Container Storage 1 X Upon
Request
389 Container Storage 1 X Upon
Request
390 Barracks 2 X X Monthly
391 Barracks 2 X X Monthly
392 Barracks 2 X X Monthly
393 Barracks 2 X X Monthly
394 Barracks 2 X X Monthly
398 Laundry Facility 1 X X Weekly
490 Vehicle Maintenance 1 X X Weekly
494 Warehouse 1 X X Weekly
495 Admin/Storage 1 X Upon
Request
510 Administrative 2 X X Weekly
511 Storage 1 X Upon
Request
512 Storage 1 X Monthly
514 Administrative 1 X X Weekly
515 Storage 1 X Monthly
516 Vehicle Maintenance 1 X Monthly
517 Administration 2 X X Weekly
521 Administration/Rally 1 X X Weekly
522 Storage 1 X Upon
Request
610 Administrative 1 X X Weekly
612 Storage 1 X Upon
Request
620 Administrative 1 X X Weekly
628 Admin/Toilet 1 X Upon
Request
635 NEC Node 1 X Upon
Request
650 Administrative 2 X X Monthly
659 Administrative 3 X X Weekly
Attachment 3
105
665 Admin/Storage 1 X X Monthly
677 Administrative 1 X X Monthly
685 Warehouse/Storage 1 X X Monthly
791 Admin/Shops 1 X X Weekly
1192 Access Control 1 X Upon
Request
1195 Range OPS/Storage 1 X Upon
Request
1206 Administrative 1 X Upon
Request
1209 Administrative 1 X Upon
Request
1211 Administrative 1 X Upon
Request
0396A Baseball Dugout (R) 1 X Upon
Request
0396B Baseball Dugout (L) 1 X Upon
Request
J1210 Administrative 1 X Upon
Request
MISC Curbs 1 X Bimonthly
MISC Gravel Areas 1 X Bimonthly
R0EST Administrative 1 X Upon
Request
R396C Baseball (Booth) 1 X Upon
Request
TR490 Showers 1 X Upon
Request
Agreement will allow for additional facilities to be added to the above list and approved by the Public Works Maintenance Superintendent. In addition, Public Works Maintenance Superintendent may approve additional unforeseen services on top of items approved in this Agreement.
Attachment 3
106
Attachment 4
107
Attachment 4
108
Attachment 4
109
Attachment 4
110
Attachment 4
111
Attachment 4
112
Attachment 4
113
Attachment 4
114
Attachment 4
115
Attachment 4
116
Attachment 4
117
Attachment 4
118
STAFF REPORT
CITY COUNCIL
Agenda Item 4.7
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’s Bid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project, CIP No. ST0117 and ST0120, Federal Aid No. STPL- 5432 (021)
Prepared by: William Wahbeh, Associate Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving the plans and specifications, approving relief of Ghilotti Construction Company, Inc.’sbid, waiving minor bid irregularities, and awarding a construction contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project. The project will perform pavement repairs, asphalt concrete overlay, and other roadway improvements on Dublin Boulevard between Scarlett Drive and Hacienda Drive.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’sBid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros., Inc. for the Dublin Boulevard Pavement Rehabilitation Project, CIP No. ST0117 and ST0120, Federal Aid No. STPL-5432 (021).
FINANCIAL IMPACT:
The lowest responsive bid submitted by Ghilotti Bros., Inc. is $3,125,980. Staff recommends a construction contingency in the amount of $325,000 to facilitate change orders for unforeseen construction issues, bringing the total potential construction cost to $3,450,980. Sufficient funds are available in the budgets for current fiscal year and next fiscal year in Capital Improvement Projects No. ST0117 and ST0120.
119
DESCRIPTION:
The Five-Year Capital Improvement Program (CIP) includes the Dublin Boulevard Pavement Rehabilitation Project and Annual Street Resurfacing Program (CIP No. ST0120 and ST0117, Attachment 2). On April 4, 2017, the City Council authorized the filing of an application to the Metropolitan Transportation Commission (MTC) for federal funding through the One Bay Area Grant Local Streets and Roads (OBAG-LSR) program. In November 2017, MTC approved OBAG- LSR funding of $661,000 for the Dublin Blvd. project. The project documents were subsequently reviewed and the authorization to proceed to construction was received from Caltrans Local Assistance on February 24, 2022, for Federal Aid Project No. STPL No. 5432 (21). The OBAG-LSR funding requires that 11.47% come from local funding, which is provided by Measure B Local Streets and Roads funds. The balance of the improvements will be constructed in conjunction with this year’s Annual Street Resurfacing Program (CIP No. ST0117). The OBAG-LSR grant has a requirement that all eligible reimbursable funding is spent prior to December 15, 2022.
In a side letter, dated April 14, 2022, the Building and Construction Trades Council of Alameda County, AFL-CIO consented to a waiver of the application of the Community Workforce Agreement (CWA) to this project and agreed that the terms of the CWA do not apply to this project given the funding deadline of December 15, 2022 and the potentially lengthy review time by the Federal Highway Administration (FHWA) of the CWA. The FHWA review process typically takes eight weeks, but experience by other local agencies is that it can take up to three months, which could jeopardize the $661,000 from OBAG-LSR. It should be noted that the lowest responsive bidder is a union contractor.
The 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 also includes the installation of new curb ramps or upgrade of existing curb ramps to comply with Americans with Disabilities Act standards, adjusting the finish grade of the roadway at the intersection of Dublin Boulevard and Hacienda Drive to improve rideability, decorative crosswalks, modifications to traffic signal detection systems, and adjustment of utilities to finish grade. This project will protect the substantial investment the City has in the public street system.
Bid Results and Construction
The City of Dublin issued the bid package on April 28, 2022, for the pavement rehabilitation, which was made up of 61 bid items. A total of six sealed bids were received on May 26, 2022, with the bids ranging from $2,718,538 to $3,234,122. A summary of the bids is provided as Attachment
3. The apparent low bid of $2,718,538 was submitted by Ghilotti Construction Company, Inc. On May 31, 2022, Ghilotti Construction Company, Inc. submitted a Request for Relief of Bid (Attachment 4) asserting that a mistake was made in their bid. They claim they entered a purchase quantity of Hot Mix Asphalt (HMA) of 4,850 tons instead of 7,850 tons in the estimate.
The difference between the two quantities accounts for a $229,871 difference. They claim this was an inadvertent error in filling out the bid that makes their bid materially different than intended and they are unable to absorb the $229,871 difference.
120
The Public Contract Code allows for an awarding authority to relieve a bidder of a bid because of a mistake and shall prepare a report documenting the facts establishing the existence of each element required by Section 5103 below. This staff report shall serve as that report. (a) A mistake was made.
(b) He or she gave the public entity written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred.
(c) The mistake made the bid materially different than he, or she intended it to be. (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.
Based on review and analysis of all bid results for the claimed mistake, it is apparent that a mistake was in fact made. There is a significant difference in the value between the unit cost and extension from Ghilotti Construction Company, Inc. ($115/Ton, $902,750) and the remaining bidders ($140-$164/Ton, $1,099,000-$1,287,400). Further as asserted by Ghilotti Construction Company, Inc., this mistake made the bid materially different than they intended it to be and was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. They did provide the City with written notice within five working days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. Staff therefore recommends that the City Council approve relief of Ghilotti Construction Company, Inc.’s bid.
If relief is approved, the Public Contract Code allows the City to award to the second lowest bidder, which was submitted by another firm, Ghilotti Bros., Inc. in the amount of $3,125,980.00. The bid submitted by Ghilotti Bros., Inc. contained several clerical errors as follows:
In the bid proposal, several bid items contained unit costs with no extension values completed. Bidder instructions state that in the case of any inconsistency or conflict between unit prices and the extension, unit prices will prevail regardless of extension submitted by the Bidder. A such, City Staff corrected the extension based on the submitted unit prices.
The submitted base contract total of $3,125,990.00 conflicted with the calculated summation of extensions totaling $3,125,980.00. Bidder instructions state, in case of any inconsistency or conflict between summation of the base bid extensions and the total base bid amount, the correct mathematical summation of the base bid extensions shall govern.
As such, City Staff corrected the base contract total to the summation of the bid extension of $3,125,980.
Certification of Insurance forms P-15 and P-17 were not completed as submitted in the bid, however an alternative form of evidence of insurance was provided. Subsequently, forms P-15 and P-17 have been provided and all insurance requirements will need to be satisfied prior to execution of an agreement with the contractor. Listed subcontractor value for Columbia Electric, Inc. was entered incorrectly in the 121
information regarding subcontractors and DBE Commitment (P-07, Exhibit 12-B, and Exhibit 15-G). The error does not change the bid proposal total contract amount. Further, Exhibit 15-G Construction Contract DBE Commitment was missing information regarding bid amount, subcontractor amount, and number of subcontractors; and Exhibit 12-B Bidder’s List of Subcontractor, Part 2 was missing Annual Gross Receipts and Age of Firm.
Necessary changes were made in applicable forms prior to award and submission to the Caltrans Local Assistance District Engineer, as required, within 30 days of contract execution.
The above clerical errors are found to be immaterial. The Public Contract Code and the City’s bid documents define these inconsistencies as “minor bid irregularities,” and authorize the City to waive these irregularities and proceed with the award of the contract.
Staff reviewed the bid results, checked references and necessary licenses, and recommends that the City Council waive the minor bid irregularities and award the project construction contract to Ghilotti Bros., Inc. as the lowest responsive and responsible bidder. Additionally, to facilitate change orders for unforeseen construction issues and avoid related construction delays, Staff recommends that the City Manager be authorized to approve change orders up to a contingency amount of $325,000.00.
Staff expects the project to begin in late Summer 2022 and be substantially complete by the end of this calendar year. As part of the construction sequence, various lane closures along Dublin Boulevard are anticipated. A minimum of two lanes in each direction will remain open in the commute direction during commute hours. Public notification will be provided well in advance through on-street signage, posting on the City’s website, and contact with surrounding businesses, residences, and schools.
California Environmental Quality Act (CEQA)
This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
National Environmental Policy Act (NEPA)
Caltrans is the assigned lead agency and has determined that the project is a Categorical Exclusion under 23 CFR 771.117(c): activity (c)(26) (Attachment 5).
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report was sent to Ghilotti Construction Company, Inc., Ghilotti Bros., Inc., Caltrans Local Assistance District Engineer, and Alameda County Transportation Commission’s Independent Watchdog Committee. The City Council Agenda was posted. 122
ATTACHMENTS:
1) Resolution Approving the Plans and Specifications, Approving Relief of Ghilotti Construction Company, Inc.’s Bid, Waiving Minor Bid Irregularities, and Awarding a Contract to Ghilotti Bros. Inc. for the Dublin Boulevard Pavement Rehabilitation Project, CIP No. ST0117 and ST0120, Federal Aid No. STPL-5432 (021)
2) CIP No. ST0117 and ST0120
3) Bid Results
4) Ghilotti Construction Company, Inc.’s Letter – Request for Relief of Bid 5) CEQA Exemption / NEPA Categorical Exclusion Determination Form 123
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2 RESOLUTION NO. XX - 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE PLANS AND SPECIFICATIONS, APPROVING RELIEF OF GHILOTTI CONSTRUCTION COMPANY, INC.’S BID, WAIVING MINOR BID IRREGULARITIES, AND AWARDING A CONTRACT TO GHILOTTI BROS., INC. FOR THE DUBLIN BOULEVARD PAVEMENT REHIBILITATION PROJECT, CIP NO. ST0117 AND ST0120, FEDERAL AID NO.
STPL-5432 (021)
WHEREAS, the design team has completed the plans and specifications for the Dublin Boulevard Pavement Rehabilitation and Annual Street Resurfacing projects (CIP No. ST0117 and ST0120), which will include installation of new curb ramps or upgrade of existing curb ramps, pavement repairs and asphalt concrete overlay, and installation of new pavement striping on Dublin Boulevard between Scarlett Drive and Hacienda Drive; and WHEREAS, the City of Dublin did, on May 26, 2022, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans and Specifications for the Project, which Plans and Specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, Ghillotti Construction Company, Inc. was the apparent low bidder and requested relief of their bid in written notice within five working days after opening of the bids specifying a mistake in their bid was made that had a material difference than they intended it to be, and was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of work, or in reading the plans or specifications; and WHEREAS, the second lowest bidder’s, Ghilotti Bros., Inc., bid contained several minor bid irregularities, namely, several bid items contained unit costs with no extension values completed, the base contract total summation was incorrectly calculated, completed certification of insurance forms P-15 and P-17 were not included in the bid package, and the listed subcontractor value for Columbia Electric, Inc. was entered incorrectly on the bid proposal documents; and
WHEREAS, the Public Contract Code and the City’s bid documents authorize the City to waive any minor irregularity and proceed with the award of the contract; and WHEREAS, said bids were submitted to City Staff and that Ghilotti Bros., Inc. was determined to be the lowest responsive and responsible bidder for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve relief of the apparent low bidder, Ghilotti Construction Company, Inc., from their bid. 124
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby waive the minor bid irregularities contained in Ghilotti Bros., Inc. bid package.
BE IT FURTHER RESOLVEDthat the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest responsive and responsible bidder, Ghilotti Bros., Inc., at a bid of $3,125,980.00, the particulars of which bids are on file in the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of $325,000.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Construction Agreement with Ghilotti Bros., Inc. and make any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
125
Number ST0117 Program STREETS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE
YEARS TOTALS
9100 $ 83,320 $73,195 $35,360 $35,360 $35,360 $35,360 $35,360 $333,315 9200 $1,178,945 $650,400 $340,000 $340,000 $340,000 $360,000 $360,000 $3,569,345 9400 $6,774,286 $2,028,561 $2,017,401 $1,917,401 $1,917,401 $2,170,601 $2,170,601 $18,996,252 9500 $3,366 $38,706 $7,120 $7,120 $7,120 $8,000 $8,000 $79,432 $8,039,917 $2,790,862 $2,399,881 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,344 PRIOR
Y
EARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE
YEARS TOTALS
1001 $ 400,043 $67,957 $468,000
2201 $3,068,518 $1,094,584 $525,920 $600,920 $725,920 $800,000 $800,000 $7,615,862 2204 $984,999 $500,000 $300,000 $1,784,999
2205 $300,000 $300,000
2214 $1,702,000 $104,020 $450,000 $575,000 $450,000 $650,000 $650,000 $4,581,020 General Fund
ANNUAL STREET RESURFACING
E
STIMATED COSTS
Measure B Sales Tax - Local Streets
F
und (ACTC)
Salaries & Benefits
FUNDING SOURCE
Contract Services
I
mprovements
Miscellaneous
TOTAL
State Gas Tax
2022-2027 CAPITAL IMPROVEMENT PROGRAM
Measure BB Sales Tax - Local
S
treets Fund (ACTC)
Measure B Sales Tax - Bike &
Pedestrian Fund (ACTC)
PROJECT DESCRIPTION
This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of new or upgrades of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 147 centerline miles of streets.
The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a rolling three-year average PCI of 81.
This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program protects the substantial investment the City has in the public street system.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
Attachment 2
126
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026- 2027 FUTURE
YEARS TOTALS FUNDING SOURCE
2215 $304,500 $304,500
2216 $82,500 $82,500
2220 $1,041,717 $973,961 $1,123,961 $1,123,961 $1,123,961 $1, 123,961 $1,123,961 $7,635,483 2304 $155,640 $4,360 $160,000
4309 $45,980 $45,980
$8,039,917 $2,790,862 $2,399,881 $2,299,881 $2,299,881 $ 2,573,961 $2,573,961 $22,978,344
ANNUAL OPERATING IMPACT
TOTAL
Road Maint. & Rehab. Account
(RMRA)
Mitigation Contributions
Measure BB Sales Tax - Bike &
Pedestrian Fund (ACTC)
Measure B Grants
Local Recycling Programs
127
Number ST0120 Program STREETS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026- 2027 FUTURE
YEARS TOTALS
9400 $737,000 $737,000
$737,000 $737,000
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026- 2027 FUTURE
YEARS TOTALS
2202 $661,000 $661,000
2204 $76,000 $76,000
$737,000 $737,000
ANNUAL OPERATING IMPACT
2022-2027 CAPITAL IMPROVEMENT PROGRAM
DUBLIN BOULEVARD PAVEMENT REHABILITATION
TOTAL
ESTIMATED COSTS
FUNDING SOURCE
TOTAL
Federal Transportation
Grant
Measure B Sales Tax -
Local Streets Fund
Improvements
PROJECT DESCRIPTION
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 installation of new curb ramps or upgrade of existing curb ramps to comply with Americans with Disabilities Act standards.
On April 4, 2017, the City Council authorized the filing of an application to the Metropolitan Transportation Commission (MTC) for federal funding through the One Bay Area Grant Local Streets and Roads (OBAG-LSR) program. In November 2017, MTC approved OBAG-LSR funding of $661,000 for the project. The OBAG-LSR funding require s
11.47% local funding, which is provided by Measure B Local Streets and Roads funds.
This project represents the OBAG-LSR funded portions on the improvements along Dublin Boulevard. The balance of the improvements will be constructed in conjunction with that year’s Annual Street Resurfacing Capital Improvement Program project (ST0117). This project will protect the substantial investment the City has in the public street system.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
128
Project Name: Dublin Boulevard Pavement Rehabilitation
Fed-Aid No. STPL-5432 (021)
Project No. ST0117 and ST0120
Bid Date: May 26, 2022
BASED BID
ITEM Qty. UNIT Unit Cost Unit Cost Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $225,000.00 $225,000.00 $310,000.00 $310,000.00 $57,800.00 $57,800.00 $315,421.00 $315,421.00 $315,000.00 $315,000.00 $300,000.00 $300,000.00 2 1 LS $288,000.00 $288,000.00 $146,202.00 $146,202.00 $460,800.00 $460,800.00 $315,000.00 $315,000.00 $315,000.00 $315,000.00 $124,500.00 $124,500.00 3 1 LS $12,000.00 $12,000.00 $12,000.00 $12,000.00 $14,700.00 $14,700.00 $24,000.00 $24,000.00 $19,022.00 $19,022.00 $6,000.00 $6,000.00 4 8,600 LF $4.20 $36,120.00 $5.50 $47,300.00 $3.00 $25,800.00 $7.00 $60,200.00 $4.00 $34,400.00 $2.50 $21,500.00 5 1,100 LF $34.00 $37,400.00 $57.00 $62,700.00 $29.00 $31,900.00 $50.00 $55,000.00 $40.00 $44,000.00 $20.00 $22,000.00 6 13,000 SY $6.00 $78,000.00 $4.80 $62,400.00 $4.75 $61,750.00 $12.00 $156,000.00 $10.00 $130,000.00 $8.00 $104,000.00 7 1 LS $40,000.00 $40,000.00 $40,000.00 $40,000.00 $35,400.00 $35,400.00 $33,000.00 $33,000.00 $48,000.00 $48,000.00 $76,000.00 $76,000.00 8 7,850 TON $115.00 $902,750.00 $150.00 $1,177,500.00 $164.00 $1,287,400.00 $140.00 $1,099,000.00 $145.00 $1,138,250.00 $148.00 $1,161,800.00 9 19,000 SF $8.50 $161,500.00 $9.00 $171,000.00 $8.00 $152,000.00 $10.00 $190,000.00 $8.00 $152,000.00 $10.00 $190,000.00 10 125 LF $207.00 $25,875.00 $220.00 $27,500.00 $277.00 $34,625.00 $164.00 $20,500.00 $170.00 $21,250.00 $100.00 $12,500.00 11 8 EA $9,900.00 $79,200.00 $27,000.00 $216,000.00 $16,200.00 $129,600.00 $8,720.00 $69,760.00 $9,000.00 $72,000.00 $8,800.00 $70,400.00 12 2 EA $12,000.00 $24,000.00 $27,000.00 $54,000.00 $12,400.00 $24,800.00 $12,065.00 $24,130.00 $13,000.00 $26,000.00 $7,600.00 $15,200.00 13 1 EA $13,500.00 $13,500.00 $27,000.00 $27,000.00 $10,900.00 $10,900.00 $8,860.00 $8,860.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 14 1 EA $11,700.00 $11,700.00 $27,000.00 $27,000.00 $15,800.00 $15,800.00 $5,745.00 $5,745.00 $6,000.00 $6,000.00 $7,600.00 $7,600.00 15 1,250 SF $27.00 $33,750.00 $45.00 $56,250.00 $45.00 $56,250.00 $19.60 $24,500.00 $20.00 $25,000.00 $20.00 $25,000.00 16 125 SF $45.00 $5,625.00 $65.00 $8,125.00 $101.00 $12,625.00 $39.00 $4,875.00 $40.00 $5,000.00 $60.00 $7,500.00 17 2 EA $1,000.00 $2,000.00 $280.00 $560.00 $1,500.00 $3,000.00 $900.00 $1,800.00 $900.00 $1,800.00 $600.00 $1,200.00 18 9 EA $1,100.00 $9,900.00 $1,200.00 $10,800.00 $1,300.00 $11,700.00 $1,350.00 $12,150.00 $3,000.00 $27,000.00 $800.00 $7,200.00 19 13 EA $1,000.00 $13,000.00 $1,200.00 $15,600.00 $815.00 $10,595.00 $1,350.00 $17,550.00 $3,000.00 $39,000.00 $800.00 $10,400.00 20 78 EA $875.00 $68,250.00 $85.00 $6,630.00 $520.00 $40,560.00 $900.00 $70,200.00 $1,500.00 $117,000.00 $800.00 $62,400.00 21 6 EA $1,550.00 $9,300.00 $880.00 $5,280.00 $3,400.00 $20,400.00 $900.00 $5,400.00 $1,500.00 $9,000.00 $5,000.00 $30,000.00 22 6,100 SF $26.32 $160,552.00 $26.32 $160,552.00 ** $28.00 $170,800.00 $23.55 $143,655.00 $24.00 $146,400.00 $30.00 $183,000.00 23 22 EA $400.00 $8,800.00 $420.00 $9,240.00 ** $400.00 $8,800.00 $325.00 $7,150.00 $330.00 $7,260.00 $600.00 $13,200.00 24 5 EA $100.00 $500.00 $105.00 $525.00 ** $100.00 $500.00 $100.00 $500.00 $200.00 $1,000.00 $250.00 $1,250.00 25 17000 LF $0.85 $14,450.00 $0.85 $14,450.00 ** $0.85 $14,450.00 $0.85 $14,450.00 $0.90 $15,300.00 $2.50 $42,500.00 26 240 LF $1.00 $240.00 $1.00 $240.00 ** $1.00 $240.00 $1.00 $240.00 $1.00 $240.00 $2.80 $672.00 27 900 LF $1.25 $1,125.00 $1.25 $1,125.00 ** $1.25 $1,125.00 $1.25 $1,125.00 $1.30 $1,170.00 $4.00 $3,600.00 28 6700 LF $1.50 $10,050.00 $1.50 $10,050.00 ** $1.50 $10,050.00 $1.50 $10,050.00 $1.50 $10,050.00 $3.60 $24,120.00 29 13000 LF $1.00 $13,000.00 $1.00 $13,000.00 ** $1.00 $13,000.00 $1.00 $13,000.00 $1.00 $13,000.00 $3.20 $41,600.00 30 4250 LF $1.00 $4,250.00 $1.00 $4,250.00 ** $1.00 $4,250.00 $1.00 $4,250.00 $1.00 $4,250.00 $3.20 $13,600.00 31 1250 LF $1.00 $1,250.00 $1.00 $1,250.00 ** $1.00 $1,250.00 $1.00 $1,250.00 $1.00 $1,250.00 $6.00 $7,500.00 32 1800 LF $3.25 $5,850.00 $3.25 $5,850.00 ** $3.25 $5,850.00 $3.25 $5,850.00 $3.30 $5,940.00 $2.80 $5,040.00 33 5000 SF $6.00 $30,000.00 $6.00 $30,000.00 ** $6.00 $30,000.00 $6.00 $30,000.00 $6.00 $30,000.00 $10.00 $50,000.00 34 3800 SF $13.50 $51,300.00 $13.50 $51,300.00 ** $13.50 $51,300.00 $13.50 $51,300.00 $14.00 $53,200.00 $18.00 $68,400.00 35 3000 SF $6.50 $19,500.00 $6.50 $19,500.00 ** $6.50 $19,500.00 $6.50 $19,500.00 $6.50 $19,500.00 $12.00 $36,000.00 36 280 SF $6.50 $1,820.00 $6.50 $1,820.00 ** $6.50 $1,820.00 $6.50 $1,820.00 $6.50 $1,820.00 $14.00 $3,920.00 37 140 SF $6.50 $910.00 $6.50 $910.00 ** $6.50 $910.00 $6.50 $910.00 $6.50 $910.00 $14.00 $1,960.00 38 40 SF $6.50 $260.00 $6.50 $260.00 ** $6.50 $260.00 $6.50 $260.00 $6.50 $260.00 $24.00 $960.00 39 100 SF $6.50 $650.00 $6.50 $650.00 ** $6.50 $650.00 $6.50 $650.00 $6.50 $650.00 $14.00 $1,400.00 40 50 SF $6.50 $325.00 $6.50 $325.00 ** $6.50 $325.00 $6.50 $325.00 $6.50 $325.00 $14.00 $700.00 41 100 SF $6.50 $650.00 $6.50 $650.00 ** $6.50 $650.00 $6.50 $650.00 $6.50 $650.00 $14.00 $1,400.00 42 1100 SF $6.75 $7,425.00 $6.75 $7,425.00 ** $6.75 $7,425.00 $6.75 $7,425.00 $7.00 $7,700.00 $12.00 $13,200.00 43 38 EA $125.00 $4,750.00 $125.00 $4,750.00 ** $125.00 $4,750.00 $125.00 $4,750.00 $130.00 $4,940.00 $340.00 $12,920.00 44 30 EA $20.00 $600.00 $20.00 $600.00 ** $20.00 $600.00 $20.00 $600.00 $20.00 $600.00 $62.00 $1,860.00 45 1 LS $6,200.00 $6,200.00 $6,200.00 $6,200.00 ** $6,200.00 $6,200.00 $6,200.00 $6,200.00 $6,500.00 $6,500.00 $7,600.00 $7,600.00 46 5 EA $500.00 $2,500.00 $500.00 $2,500.00 ** $500.00 $2,500.00 $500.00 $2,500.00 $500.00 $2,500.00 $620.00 $3,100.00 47 10 EA $500.00 $5,000.00 $500.00 $5,000.00 ** $500.00 $5,000.00 $500.00 $5,000.00 $500.00 $5,000.00 $620.00 $6,200.00 48 1 LS $5,000.00 $5,000.00 $5,000.00 $5,000.00 ** $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $6,200.00 $6,200.00 49 13 EA $442.00 $5,746.00 $442.00 $5,746.00 ** $445.00 $5,785.00 $442.00 $5,746.00 $450.00 $5,850.00 $540.00 $7,020.00 50 29 EA $442.00 $12,818.00 * $442.00 $12,818.00 ** $445.00 $12,905.00 $442.00 $12,818.00 $450.00 $13,050.00 $540.00 $15,660.00 51 12 EA $750.00 $9,000.00 $750.00 $9,000.00 ** $750.00 $9,000.00 $750.00 $9,000.00 $750.00 $9,000.00 $800.00 $9,600.00 52 20 EA $750.00 $15,000.00 $750.00 $15,000.00 ** $750.00 $15,000.00 $750.00 $15,000.00 $750.00 $15,000.00 $800.00 $16,000.00 53 1 LS $36,650.00 $36,650.00 $36,650.00 $36,650.00 $36,650.00 $36,650.00 $41,650.00 $41,650.00 $37,000.00 $37,000.00 $76,000.00 $76,000.00 54 14 EA $488.00 $6,832.00 $488.00 $6,832.00 ** $500.00 $7,000.00 $488.00 $6,832.00 $500.00 $7,000.00 $600.00 $8,400.00 55 30 EA $488.00 $14,640.00 $488.00 $14,640.00 ** $500.00 $15,000.00 $488.00 $14,640.00 $500.00 $15,000.00 $600.00 $18,000.00 56 1 LS $52,750.00 $52,750.00 $52,750.00 $52,750.00 $52,750.00 $52,750.00 $58,750.00 $58,750.00 $53,000.00 $53,000.00 $100,000.00 $100,000.00 57 13 EA $375.00 $4,875.00 $375.00 $4,875.00 ** $375.00 $4,875.00 $375.00 $4,875.00 $400.00 $5,200.00 $440.00 $5,720.00 58 23 EA $375.00 $8,625.00 $375.00 $8,625.00 ** $375.00 $8,625.00 $375.00 $8,625.00 $400.00 $9,200.00 $440.00 $10,120.00 59 1 LS $85,000.00 $85,000.00 $85,000.00 $85,000.00 $90,000.00 $90,000.00 $95,000.00 $95,000.00 $85,000.00 $85,000.00 $110,000.00 $110,000.00 60 29 EA $437.00 $12,673.00 $437.00 $12,673.00 ** $450.00 $13,050.00 $437.00 $12,673.00 $450.00 $13,050.00 $540.00 $15,660.00 61 46 EA $437.00 $20,102.00 $437.00 $20,102.00 ** $450.00 $20,700.00 $437.00 $20,102.00 $450.00 $20,700.00 $540.00 $24,840.00 TOTAL $2,718,538.00 $3,125,980.00 *** $3,156,950.00 $3,157,212.00 $3,187,187.00 $3,234,122.00 * Unit item extension error
** Unit item error, not extended
*** Mathematical summation error
List of Sub-Contractors
Ghilotti Construction Inc.
Graham Contractors
Ghilotti Bros. Inc.
LOWEST RESPONSIVE BIDDER
Pavement Marking - Bike Lane Arrow
Pavement Marking - Bike Loop Detector
Type E Modified Circular & Bike Loops - Dublin Blvd/Arnold Rd Type E Circular - Dublin Blvd/Arnold Rd
Ghilotti Bros. Inc.Ghilotti Construction Inc.
Extension Extension
Delineator - Type Q (CA) MARKER (bike pole)
Pavement Marking - Trail Crosswalk - Continental 24"x4' Pavement Marking - Type III Arrows
Pavement Marking - Bike Lane Symbol with Person
Striping - 4" White Bike Diagonal Buffer
Pavement Marking - 12" White
Pavement Marking - Green Pavement Marking (4' block/8' space) Blue Fire Hydrant Marker
Type E Circular - Dublin Blvd/Persimmon Place
Traffic Signal Modification (EXCLUDING LOOPS) - Dublin Blvd/Hacienda Dr Type E Modified Circular & Bike Loops - Dublin Blvd/Hacienda Dr Striping - Detail 9
Striping - Detail 27B
Striping - Detail 37B
Striping - Detail 38
Striping - Detail 39
Striping - Detail 39A
Adjust Storm Drain Manhole Cover to Grade
Adjust Manhole Cover to Grade (DSRSD) (Non-Participating) (Revocable)
Adjust Water Valve Cover to grade (DSRSD) (Non-Participating) (Revocable) Adjust Monument
Stamped Asphalt Paving
Signing - Sign removal
Signing - Sign installation
Curb Ramp (Caltrans Case B)
Curb Ramp (Caltrans Case C)
Curb Ramp (Caltrans Case F)
Concrete Sidewalk
Concrete Pavement Conform
Adjust Street Light Box to Grade
Pavement Marking - Trail Crosswalk - Pedestrain Symbol
Asphalt Impressions
Type E Circular - Dublin Blvd/Demarcus Blvd
Type E Modified Circular & Bike Loops - Dublin Blvd/Iron Horse Parkway AC Grinding ABSL Construction
Type E Modified Circular & Bike Loops - Dublin Blvd/Persimmon Place Type E Circular - Dublin Blvd/Iron Horse Parkway
Type E Modified Circular & Bike Loops - Dublin Blvd/Scarlett Dr Type E Circular - Dublin Blvd/Scarlett Dr
MCW Traffic
Graham Contractors
Farwest Safety
Traffic Signal Modification (EXCLUDING LOOPS) - Dublin Blvd/Demarcus Blvd Type E Modified Circular & Bike Loops - Dublin Blvd/Demarcus Blvd Oil Pacific Northwest Oil
Curb Ramp (Caltrans Case A)
Description
Crack Sealing
Traffic Signal Modification (EXCLUDING LOOPS) - Dublin Blvd/Persimmon Place Type E Circular - Dublin Blvd/Hacienda Dr
Traffic Signal Modification (EXCLUDING LOOPS) - Dublin Blvd/Arnold Rd Pavement Marking - Trail Crosswalk - Bike Lane Symbol with Person Pavement Marking - Trail Crosswalk - Bike Lane Arrow
Pacific Northwest Oil
Asphalt Impressions Asphalt Impressions
S&S Trucking
Chrisp CompanyChrisp Company
Schotka Construction
Stamped Asphalt
Traffic Signal Modification (EXCLUDING LOOPS) - Dublin Blvd/Scarlett Dr Electric Columbia Electric Columbia Electric Columbia Electric Traffic Control
Concrete Curb and Gutter
DESCRIPTION
Mobilization
Hot Mix Asphalt (Type A)
Base Repair (6" Depth)
Wedge Cut (6 ft Wide)
Asphalt Grinding (2")
Striping - Detail 40
Conform (50 ft Length)
CITY OF DUBLIN
ENGINEERING DIVISION
BID SUMMARY
PUBLIC WORKS DEPARTMENT
Water Pollution Control Program (Plan and Implementation) Traffic Control & Construction Area Signs
Crack Seal
McGuire & Hester
McGuire & Hester
Graham Contractors
Survey
Construction Area Signs
Striping and Marking
Schotka Construction
Concrete Casey-Fogli
Demolition
Trucking
Bay Cities Paving & Grading
Bay Cities Paving & Grading
Graham Contractors
ABSL Construction
Pacific Northwest Oil
Asphalt Impressions
Columbia Electric
Chrisp Company
Sposeto
Western Traffic
DeSilva Gates Construction
DeSilva Gates Construction
Graham Contractors
Asphalt Impressions
Columbia Electric
Chrisp Company
Farwest Safety
Rosas Brothers Construction
Azul Works
Azul Works
Bond Blacktop
ABSL Construction
Asphalt Impressions
OBS Engineering
Benchmark Engineering
Columbia Electric
Sierra Traffic Markings
CMC Traffic Control Specialists
A1 Trucking SVS
Attachment 3
129
CONSTRUCTION
GHILOTTI
May 27, 2022
City of Dublin, Dept. of Public Works
Michael Boitnott, Capita l Improvement Project Manager
100 Civic Plaza
Dublin, CA 94568
Re: Dublin Boulevard Rehabilitation Project (Project No. ST0117 and ST0120) - Request for Relief of Bid
Dear Mr. Boitnott,
Per PCC Code 5103 Ghilotti Construction Company , Inc. (GCC) asserts that:
(a) A mistake was made in GCC's bid.
(b) GCC gave the public entity written notice within five working days, excluding Saturdays , Sundays, and state holidays , after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred .
(c) The mistake made the bid materially different than GCC intended it to be. (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work , or in reading the plans or specifications .
GCC's basis for claiming relief of bid:
(a) GCC entered a purchase quantity of HMA of 4,850 tons instead of 7,850 tons in the estimate. (b) The difference between these two numbers equals $229,871. This inadvertent error in filling out the bid made GCC's bid materially different than it intended to be. (c) Ghilotti is unable to absorb these missing dollars and as such we request relief from our bid.
I apologize for the inconvenience this may cause and I appreciate you considering this matter.
Please call me with any questions .
u~
Thomas Smith
Vice President of Estimating
Ghilotti Construction Company , Inc.
[email protected]
(707) 484-8292
- Engineering Contractor -
246 GHILOTII AVENUE• SANTA ROSA, CA 95407 • 707-585-1221 •FAX: 707-585-0129 www.ghilotti.com
STATE CONTRACTORS LICENSE #644515
Attachment 4
130
CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM (rev. 04/2021)
Project Information
Project Name (if applicable): Dublin Boulevard Pavement Rehabilitation Project DIST-CO-RTE: 04-ALA-0-Dbln PM/PM:
EA: Federal-Aid Project Number: STPL 5432 (021)
Project Description
The City of Dublin proposes a pavement rehabilitation and preventative maintenance project to rehabilitate Dublin Boulevard from Scarlett Drive to Hacienda Drive. The work will include localized repair of asphalt concrete pavement, asphalt concrete overlay of roadway, installation of ADA compliant curb ramps, repair of damaged concrete (curb and gutter, sidewalk, driveway), installation of or replace-in-kind striping including bicycle facilities, and installation of signage within the project limits. Staging would occur within the project limits. Some temporary detours are anticipated. All work is to be conducted within local right-of-way.
Caltrans CEQA Determination (Check one)
Not Applicable – Caltrans is not the CEQA Lead Agency
Not Applicable – Caltrans has prepared an IS or EIR under CEQA Based on an examination of this proposal and supporting information, the project is:
Exempt by Statute. (PRC 21080[b]; 14 CCR 15260 et seq.) Categorically Exempt. ClassEnter class. (PRC 21084; 14 CCR 15300 et seq.) No exceptions apply that would bar the use of a categorical exemption (PRC 21084 and 14 CCR 15300.2). See the SER Chapter 34 for exceptions.
Covered by the Common Sense Exemption. This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 15061[b][3].) Senior Environmental Planner or Environmental Branch Chief Print Name Signature Date
Project Manager
Print Name Signature Date
Attachment 5
131
CEQA EXEMPTION / NEPA CATEGORICAL EXCLUSION
DETERMINATION FORM
EA: Page 2 of 2
Federal-Aid Project Number: STPL 5432 (021)
Caltrans NEPA Determination(Check one)
Not Applicable
Caltrans has determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). See SER Chapter 30for unusual circumstances. As such, the project is categorically excluded from the requirements to prepare an EA or EIS under NEPA and is included under the following:
23 USC 326: Caltrans has been assigned, and hereby certifies that it has carried out the responsibility to make this determination pursuant to 23 USC 326 and the Memorandum of Understanding dated April 18, 2019, executed between FHWA and Caltrans. Caltrans has determined that the project is a Categorical Exclusion under:
23 CFR 771.117(c): activity (c)(26)
23 CFR 771.117(d): activity (d)(Enter activity number)
Activity Enter activity number listed in Appendix A of the MOU between FHWA and Caltrans
23 USC 327: Based on an examination of this proposal and supporting information, Caltrans has determined that the project is a Categorical Exclusion under 23 USC 327.
The environmental review, consultation, and any other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by Caltrans pursuant to 23 USC 327 and the Memorandum of Understanding dated December 23, 2016 and executed by FHWA and Caltrans.
Senior Environmental Planner or Environmental Branch Chief
Print Name Signature Date
Project Manager/ DLA Engineer
Print Name Signature Date
Date of Categorical Exclusion Checklist completion (if applicable): July 27th, 2021 Date of Environmental Commitment Record or equivalent:July 27th, 2021 Briefly list environmental commitments on continuation sheet if needed (i.e., not necessary if included on an attached ECR). Reference additional information, as appropriate (e.g., additional studies and design conditions). 27 July 2021TOM HOLSTEIN
07/28/2021Bahadur Singh
(OOC Assignment)
132
July 27, 2021
Thomas Premo
Environmental Planner
Office of Local Assistance, Caltrans District 4
111 Grand Avenue, MS-10B
Oakland, CA 94612
SUBJECT: City of Dublin, Dublin Boulevard Rehabilitation (ST0120) FEDERAL PROJECT NUMBER: STPL 5432 (021)
Dear Mr. Premo,
As requested, below are applicable mitigation measures for the subject project.
The City will commit to implementing these measures to prevent potential project-related impacts.
Check Number Mitigation
Traffic
x T1.a
(Modified)
During construction, at least one lane in each direction will be kept open at all times, aside from a possible closure while work is completed at the intersection of Dublin Boulevard and Hacienda Drive.
x T2 Bicycle and pedestrian access will be maintained at all times, using short signed detours if necessary.
x T3.b Access to properties will be maintained at all times, apart from extremely brief periods while construction work is passing through. These exceptions will be minimized as far as reasonably practicable.
x T4 There will be advance notification of construction work to the community and stakeholders in accordance with Local Agency procedures. x T5 A traffic control plan will be prepared for Local Agency review and approval prior to construction.
Noise
x N1 (Non-
Standard)
Nighttime construction work may occur. Residences and businesses will be notified with mailers, as well as 7 day and 72 hour notices that explain the time and extent of the nightwork.
Water Quality
x W1 Best Management Practices will be used to prevent construction-related debris entering drainage inlets or indirectly into any other water resources. x W2 A Stormwater Pollution Prevention Plan or Water Control Pollution Plan will be prepared for Local Agency review and approval prior to construction.
Biology
x B3 There will be no trimmin g or removal of trees or vegetation. x B5 All work will be contained within the existing paved area Section 4(f)
x 4f1 During construction, access may be temporarily affected to the 4(f) resource.
The Local Agency will consult with the 4(f) officials with jurisdiction prior to construction to minimize disruption.
Archaeology
x A1 1 If cultural materials are discovered during construction, work shall be halted in that area until a qualified archaeologist has assessed the potential discovery and determined the need for further action.
Equipment Staging
133
Should you have any questions or concerns, I can be reached at (925) 833-6649, [email protected].
City of Dublin
W Wahbeh
William Wahbeh, Associate Civil Engineer
CC: Michael Boitnott, Capital Improvement Program Manager, City of Dublin Blake Silkwood, Project Manager, BKF Engineers
x E1 Equipment staging will be left to the contractor. The specifications will require the following:
The staging area will be located on an existing asphalt or concrete surface area. Excavation below the asphalt or concrete will not be permitted.
The staging area will be included in any SWPPP or WPCP prepared for the project.
The staging area will not be located adjacent to environmentally or culturally sensitive areas (eg wildlife sites, wetlands, archaeological sites).
The staging area will not be located in a regulatory floodway or within the base floodplain (100-year).
The staging area will not affect access to properties or roadways. 134
STAFF REPORT
CITY COUNCIL
Agenda Item 4.8
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT:
General Municipal Election – November 8, 2022
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider requesting the Alameda County Board of Supervisors consolidate the City of Dublin Municipal Election with the Statewide General Election. The City Councilmembers will determine whether the statement of qualifications each candidate is allowed to place in the sample ballot should be a maximum of 200 or 400 words and whether the City or each candidate should pay the costs associated with printing their candidate statement.
STAFF RECOMMENDATION:
Take the following actions: 1) adopt the Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 8, 2022, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof; and 2)affirm Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices.
FINANCIAL IMPACT:
Sufficient funds to pay for the election have been budgeted in the Fiscal Year 2020-21 Election Budget.
DESCRIPTION:
The City Council adopted Ordinance 11-84 to change the date of the City’s general municipal elections from the second Tuesday in April of even numbered years to the first Tuesday after the first Monday in November in even numbered years to consolidate election cycles with the 135
statewide general election cycle.
On August 19, 1986, the Alameda County Board of Supervisors approved the City’s consolidation with the statewide general election held in November of each even-numbered year.
The City Council is required to adopt a resolution calling and ordering a general municipal election to be held in the City of Dublin on Tuesday, November 8, 2022. Offices to be voted on are one Mayor and two Councilmembers. The Mayor serves a two-year term and Councilmembers serve four-year terms.
The first day candidates may take out and file nomination papers will be Monday, July 18, 2022. The last day to file the nomination papers will be Friday, August 12, 2022. If the incumbent, eligible to run, does not file papers, the nomination period for that particular seat will be extended for five calendar days, or until August 17, 2022.
The City Council may determine whether the statement of qualifications which each candidate can place in the sample ballot should be a maximum of 200 or 400 words. Staff recommends that the City Council adhere to past practices and allow a maximum of 200 words. The Alameda County Registrar of Voters also recommends a 200-word maximum in order to maintain uniformity.
The City Council may also determine whether the City or each candidate should pay for the costs associated with typesetting and printing the candidate statements. Based on the last three elections, the average cost to a candidate for publishing his or her statement of qualifications was $397. The population-based required translation of candidate statements shall include Spanish, Chinese, Tagalog, and Vietnamese. Therefore, Staff is recommending a deposit of $500 be paid in advance by each candidate to cover publishing costs, based on a 200-word statement, and additional language translation costs. Any different would either be refunded to the candidate or recovered after the election.
The City of Dublin, as a past practice, has prepared a Candidate Binder for all potential candidates. Staff is working on a plan to provide the materials in a primarily electronic format to limit the costs of printing paper materials. Historically, the Candidate Binder is issued during a scheduled appointment with the City Clerk during the nomination period, and includes information such as:
• Date of, timeline for, and offices up for election
• Nomination Form and information regarding circulating the Nomination Form • Candidate Statement information and estimated cost(s) • Fair Political Practices Commission (FPPC) Campaign Disclosure Information Forms and Due Dates
• City of Dublin Campaign Contribution Limitations and Forms 136
• Code of Fair Campaign Practices
• Ballot Designation Worksheet
Staff held a pre-candidate informational meeting on June 15, 2022 for Dublin residents interested in becoming a candidate. An in-person and virtual option were offered. The presentation provided the items outlined above, general information about the City, and any issue(s) identified by the City Manager. The virtual option was recorded and posted to the City’s website.
As part of the Candidate Binder, potential candidates are provided with a copy of the Code of Fair Campaign Practices. The California State Legislature established the Code of Fair Campaign Practices (Division 20, Chapter 5, Elections Code) to give the voters guidelines in determining fair play and to encourage candidates to discuss issues fairly and openly. State law requires that the Code be given to candidates, but it is optional as to whether a candidate must sign and return as part of his/her nomination papers. In 2010, the City Council adopted Resolution No. 85-10 encouraging candidates to abide by the Code of Fair Campaign practice and is now being asked to affirm the resolution.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Calling for a General Municipal Election To Be Held in the City of Dublin on November 8, 2022, Requesting the Alameda County Board of Supervisors Consolidate the City of Dublin General Municipal Election With the Statewide General Election, Authorize Certain Procedural Matters, and Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statement and the Costs Thereof 2) Code of Fair Campaign Practices
3) Resolution No. 85-10 Encouraging Candidates to Use the Code of Fair Campaign Practices 137
Attachment 1
Reso No. XX-22, Adopted XX-XX-2022, Item X.X Page1 of 3 RESOLUTION NO. XX - 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON NOVEMBER 8, 2022, REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS
CONSOLIDATE THE CITY OF DUBLIN GENERAL MUNICIPAL ELECTION WITH THE
STATEWIDE GENERAL ELECTION, AUTHORIZE CERTAIN PROCEDURAL MATTERS, AND
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE'S STATEMENT AND THE
COSTS THEREOF
WHEREAS, a General Municipal Election to be consolidated with the Statewide General Election is to be held on Tuesday, November 8, 2022, in and for the City of Dublin; and WHEREAS, certain actions are required in connection with said election; and WHEREAS, Section 13307 of the Elections Code of the State of California specifies that the local agency for that election shall determine whether a charge shall be levied against the candidate for the Candidate's Statement and whether or not the limitation on words for such statement shall be increased from 200 to 400 words; and
WHEREAS, Section 13307 of the Elections Code of the State of California further provides that a written statement of the regulations with respect to charges for handling, packaging and mailing shall be provided to each candidate or his/her representative at the time the nomination papers are received.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that the General Municipal Election to be held in the City of Dublin on November 8, 2022, is hereby called.
BE IT FURTHER RESOLVED as follows:
1. The Alameda County Board of Supervisors is requested to consolidate the City of Dublin Municipal Election with the Statewide General Election.
2. That within the City the precincts and polling places (vote centers), and their hours of the two elections be the same.
3. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk, including the canvass of returns of the General Municipal Election.
4. The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata share of the expenses for said election as jointly determined by the City of Dublin and the Board of Supervisors of Alameda County in accordance with the provisions of the Elections Code of the State of California.
5. The offices to be voted upon shall be:
One Mayor
138
Reso No. XX-22, Adopted XX-XX-2022, Item X.X Page2 of 3 Two Councilmembers
Terms of office shall be:
Mayor – 2 years
Two Councilmembers – 4 years
6. The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California.
7. The City Clerk is hereby directed to obtain printing, supplies and services as required.
8. The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby adopt the following regulations pertaining to the General Municipal Election to be held in the City of Dublin on November 8, 2022:
Section 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Dublin on November 8, 2022, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words , of the candidate's education and qualifications, expressed by the candidate. Such statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m., of the next working day after the close of the nomination period.
Section 2. Spanish, Chinese, Tagalog, and Vietnamese Language. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54-73, August 6, 1975), as applied to Alameda County, a Spanish, a Chinese, a Tagalog, and a Vietnamese translation of the candidate's statement shall be made available to anyone requesting the translations.
Section 3. Payment. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance his/her prorated share as a condition of having his/her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit.
Section 4. In accordance with Election Code provisions, a tie vote shall be determined by lot.
Section 5. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nomination petitions are issued. 139
Reso No. XX-22, Adopted XX-XX-2022, Item X.X Page3 of 3 PASSED, APPROVED AND ADOPTED this 21st day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_ _____
Mayor
ATTEST:
City Clerk
140
Forms_NominationDocuments\Code of Fair Campaign Practices, 2008 / Rev. 2006 MCADirect Required to be given to candidate.
Optional to be signed and returned.Election Date:
City of
CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties that merit this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on a candidate's actual or perceived race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age, sexual orientation, sex, including gender identity, or any other characteristic set forth in Section 12940 of the Government Code, or association with another person who has any of the actual or perceived characteristics set forth in Section 12940 of the Government Code. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections, or that hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group that resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics that I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process.
I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices.
_________________________________________________________________________ Signature Date
Date of Election
Printed Name
November 8, 2022
Dublin
November 8, 2022
Attachment 2
141
Forms_NominationDocuments\Code of Fair Campaign Practices, 2008 / Rev. 2006 MCADirect Required to be given to candidate.
Optional to be signed and returned.Election Date:
City of
CODE OF FAIR CAMPAIGN PRACTICES
(Division 20, Chapter 5, Elections Code.)
Chapter 5. Fair Campaign Practices
Article 1. General Intent
20400. The Legislature declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices.
It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters.
The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions.
Article 2. Definitions
20420. As used in this Chapter, "Code" means the Code of Fair Campaign Practices.
Article 3. Code of Fair Campaign Practices (summary)
20440. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary.
In the case of a committee making an independent expenditure, as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee.
The text of the Code shall read, as follows: (See "CODE OF FAIR CAMPAIGN PRACTICES" on reverse side). 20442. The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection.
20444. In no event shall a candidate for public office be required to subscribe to or endorse the code.
November 8, 2022
Dublin
142
Attachment 3
143
144
145
STAFF REPORT
CITY COUNCIL
Agenda Item 4.9
DATE: June 21, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Consulting Services Agreement with Hinderliter, de Llamas and Associates for Sales Tax Analysis, Audit and Information Services; and Authorization to Examine Sales and Use Tax Records
Prepared by: Jay Baksa, Assistant Administrative Services Director EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Hinderliter, de Llamas and Associates (HdL) for Sales Tax Analysis, Audit and Information services. In addition, The California Department of Tax and Fee Administration (CDTFA), requires that the City reestablish the authorization of designated representatives, with HdL, every time a new agreement if put into place, to comply with the current requirements of Section 7056 of the California Revenue and Taxation Code which sets forth the requirements and conditions for the disclosure of CDTFA records.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Consulting Services Agreement Between the City of Dublin and Hinderliter, de Llamas and Associates, and adopt the Resolution Authorizing Examination of Sales and Use Tax Records.
FINANCIAL IMPACT:
There is sufficient budget in the Fiscal Year 2022-23 Adopted Budget to cover these costs. The first-year cost for the sales tax and economic analysis services is $7,800 and will increase each year by the increase in the Consumer Price Index (CPI). The Agreement includes a not-to-exceed of $60,000, which is inclusive of a contingency of $15,000. Audit services are billed at 15% of all new and recovered sales tax revenue received by the City. The audit service fee is offset by the additional revenue received by the City as a result of the audit and is not included in the not-to- exceed amount.
146
DESCRIPTION:
The City conducted a Request for Proposal (RFP) for Sales Tax Analysis, Audit and Information services in April of 2022 and received proposals from two firms, Hinderliter, de Llamas and Associate and MuniServices. Based on the evaluation process, Staff is recommending the selection of Hinderliter, de Llamas and Associates (HdL) as the firm that best meets the needs of the City.
The City has contracted with Hinderliter, de Llamas and Associates (HdL) for sales tax consulting and auditing services since 1989, in that time HdL has recovered over $8.35 million on behalf of the City. In addition, HdL has significant knowledge of the City of Dublin, including a database with 33 years of Dublin sales tax history, which serves as the foundation for identifying emerging trends and developing budget projections for the City.
HdL will provide services in two areas related to the collection and reporting of sales, use and transaction tax, collectively referred to as Sales Tax: 1) Sales Tax Analysis and Information Services; and 2) Audit Services
Sales Tax Analysis and Information
HdL will provide quarterly reports identifying changes in sales by businesses, business groups and categories, and geographic area, including quarterly aberrations due to State audits and payment reconciliations. HdL will also provide per capita comparison reports with regional and statewide sales information to assist with sales tax forecasting. Further, HdL will continue to maintain a database that identifies the name, address, and quarterly allocations of all sales tax producers within the City, allowing City staff to generate reports as needed.
Audit Services
HdL will proactively conduct continual sales tax audits to identify and correct distribution and allocation errors to recover misallocated tax. Once errors have been identified, HdL will prepare and submit documentation to the State Board of Equalization for the purpose of correcting the identified error, in addition to following up with both the affected business and the State Board of Equalization to promote a prompt recovery.
In addition to the agreement, Staff recommends approving a resolution that will allow HdL continued access to the City’s Sales and Use Tax records. Due to the confidential nature of tax returns filed by retailers, the release of certain information must be in strict accordance with requirements in State law. The California Department of Tax and Fee Administration (CDTFA), requires that the City reestablish the authorization of designated representatives, with HdL, every time a new agreement if put into place, to comply with the current requirements of Section 7056 of the California Revenue and Taxation Code which sets forth the requirements and conditions for the disclosure of CDTFA records.
In addition to sales tax analysis and audit services, the City contracts with HdL under a separate agreement for property tax consultation.
STRATEGIC PLAN INITIATIVE:
None
147
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted
ATTACHMENTS:
1) Resolution Approving a Consulting Services Agreement Between the City of Dublin and Hinderliter, de Llamas and Associates
2) Exhibit A to the Resolution - Consulting Services Agreement with Hinderliter, de Llamas and Associates for Sales Tax Analysis, Audit and Information Services 3) Resolution Authorizing Examination of Sales and Use Tax Records 4) Request for Proposal Municipal Sales/Use Tax Auditing Economic Analysis Services 148
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HINDERLITER, de LLAMAS AND ASSOCIATES
WHEREAS, the City desires to continue to engage a professional consulting firm for the investigation of sales/use tax records and the recovery of revenue on behalf of the City as well as providing economic analysis services; and
WHEREAS, the City went through a Request for Proposal and selected Hinderliter, de Llamas and Associates to investigate and review sales and use tax transactions and collections for the City, contained in the records of the State Board of Equalization; and WHEREAS, pursuant to Ordinance No. 8-82, the City of Dublin entered into a contract with the State Board of Equalization to perform all functions relating to the administration and collections of local sales and use taxes; and
WHEREAS, the City and Hinderliter, de Llamas and Associates now wish to enter into an Agreement to review sales and use tax transactions and collections, contained in the records of the State Board of equalization; and
WHEREAS, Hinderliter, de Llamas and Associates proposed a flat monthly fee of $650 for sales and use tax management services, which will be adjusted annually by a CPI index adjustment and 15% fee for all new sales and use tax revenue received by the City as a result of audit and recovery work performed by the Hinderliter, de Llamas and Associates.
WHEREAS, City Staff recommends an additional $15,000 in contingency for any additional services-as-needed analyses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the consulting services agreement with Hinderliter, de Llamas and Associates, attached hereto as Exhibit A, in a contract amount not to exceed $60,000, which includes the sales and use tax management fees for five years with an annual CPI adjustment and the $15,000 additional contingency.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
149
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
150
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
HINDERLITER, de LLAMAS AND ASSOCIATES
FOR
SALES, USE AND TRANSACTION TAX AUDIT SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Hinderliter, de Llamas and Associates (“Consultant”) (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, Consultant 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, 2025, and Consultant 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 Consultant 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 for two one-year extensions upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant 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. Consultant 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 Consultant is engaged.
1.3 Assignment of Personnel. Consultant 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, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant 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 Consultant’s obligations hereunder.
1.5 [Intentionally
Deleted].
1.6 [Intentionally Deleted].
Attachment 2
Exhibit A to the Resolution
151
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 2 of 14 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $60,000, which includes sales and use tax management services and a $15,000 contingency. The 15% audit fees for sales tax revenue recovery is not included in the not-to-exceed amount as described in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant 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 Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant 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. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
The beginning and ending dates of the billing period;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant 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 Consultant 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 Consultant.
2.3 [Intentionally Deleted] .
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 152
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 3 of 14
In no event shall Consultant 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 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 [Intentionally Deleted].
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITI ES AND EQUIPMENT. Except as set forth herein, Consultant 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 Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, 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 Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant 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.
Consultant 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 Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all 153
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 4 of 14 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. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant 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 Consultant. 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, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsem ent as required by the section.
4.2 Commercial General and Au tomobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 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.
154
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 5 of 14
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, offi cials, 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 Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waiv e subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Consultant’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 Consultant’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant 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 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for 155
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 6 of 14 licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the poli cy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not r enewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting require ments must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 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.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant 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 Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant 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, 156
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 7 of 14 employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 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).
4.4.5 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.
4.4.6 Subcontractors. Consultant 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.
4.5 Remedies. In addition to any other remedies City may have if Consultant 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 Consultant’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 Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant 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 Consultant only insofar as the results of Consultant'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 Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant 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 Consultant performs for the City and has the option to perform such 157
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 8 of 14 work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant 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. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant 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. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant 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, 158
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 9 of 14 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.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINAT ION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant 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, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant 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. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant 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 Consultant 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 Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’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 Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant 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 Consultant shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, dr awings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to comp lete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference betwe en 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 Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant 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 Consultant 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 Consultant’s Books and Records. Consultant 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 Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant 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.
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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 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant 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.
Consultant 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 Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including 161
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 12 of 14 reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant 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.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 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.
10.10 Notices. Any written notice to Consultant shall be sent to:
The HdL Companies
Attn:
120 S. State College Blvd., Suite 200
Brea, CA 92821
Any written notice to City shall be sent to:
City of Dublin
Attn: Lisa Hisatomi
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Indemnification
10.12 Counterparts and El ectronic 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 162
Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 13 of 14 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.
10.13 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 Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant 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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Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Page 14 of 14 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 Hinderliter de Llamas and Associates
Linda Smith, City Manager Andrew Nickerson, President
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Attachment 2
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Consulting Services Agreement between City of Dublin and July 1, 2022 Hinderliter, de Llamas and Associates for Sales & Use Tax Audit Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall perform the following services (collectively, the "Services"):
A. SALES TAX AND ECONOMIC ANALYSIS SERVICES
1. Consultant shall establish a special database that identifies the name, address and quarterly allocations of all sales tax producers within the City for the most current and all quarters back to fiscal year 1988-1989 or earlier, if the City has prior historical sales tax data available on computer readable magnetic media. This database will be utilized to generate special reports to the City on: major sales tax producers by rank and category, sales tax activity by categories, or business district s, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.
2. Consultant shall provide updated reports following each calendar quarter identifying changes in sales by individual businesse s, business groups and categories and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting. Consultant shall meet quarterly with City.
3. Consultant shall additiona lly provide following each calendar quarter a summary analysis for the City to share with C ouncil Members Chambers of Commerce, other economic development interest groups and the public that analyze City's sales tax trends by major groups, and geographic areas without disclosing confidential information.
4. Consultant shall make available to City staff Consultant's web-based sales tax computer software program containing sellers permit and quarterly allocation information for all in-city business outlets registered with the Board of Equalization and updated quarterly.
This software shall allow City staff to search businesses by street address, account number, business name, business type and keyword, arrange data by geographic area, and print out a variety of reports.
B. ALLOCATION AUDIT AND RECOVERY SERVICES
1. Consultant shall conduct initial and on-going sales, use and transactions tax audits to identify and correct distribution and allocation errors, and to proactively affect favorable registration, reporting or formula changes ther eby generating previously unrealized sales, use and transactions tax income for the City and/or recovering misallocated tax from previously properly registered taxpayers. Common errors that will be monitored and corrected include but are not limited to: transposit ion errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors, misreporting of "point of sale" to the wrong location; delays in r eporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments. 165
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2. Consultant shall initiate contacts wi th state agencies, and sales management and accounting officials in companies that have businesses where a probability offer or exists to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.
3. Consultant shall (i) prepare and submit to the Board of Equalization information for the purpose of correcting allocation errors that are identified and (ii) follow-up with individual businesses and the State Board of Equalization to promote recovery by the City of back or prospective quarterly payments that may be owing.
4. If during the course of its audit, Consultant finds businesses located in the City that are properly reporting sales and use tax but have the potential for modifying their operation to provide an even greater share to the City, Consultant may so advise City and work with those businesses and the City to encourage such changes.
C. CONSULTING AND OTHER OPTIONAL SERVICES
Consultant may, from time to time in its sole discretion, consult with City staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax; (ii) utilization of reports to enhance business license collection efforts; and (iii) sales tax projections for proposed annexations, economic development projects and budget planning. In addition to the foregoing optional consulting services, Consultant may, from time to time in its sole discretion, perform other optional Services, including without limitation, negotiating/review of tax sharing agreements, establishing purchasing corporations, and meeting with taxpayers to encourage self- assessment of use tax.
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EXHIBIT B
COMPENSATION SCHEDULE
Consultant shall provide the sales tax and economic analysis services for a fee of $650 per month, commencing with the month of the Effective Date (hereafter referred to as "monthly fee"). The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date . The monthly fee shall increase annually following the month of the Effective Date by the percentage increase in the "CPI" for the preceding twelve month period. In no event shall the monthly fee be reduced by this calculation.
For purposes of this Agreement, the "CPI" shall mean the Consumer Price Index - All Urban Consumers for the surrounding statistical metropolitan area nearest City, All Items (1982-84 = 100), as published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if such index should cease to be published, any reasonably comparable index selected by Consultant.
Consultant shall be further paid 15% of all new and recovered sales, use and transactions tax revenue received by the City as a result, in whole or in part , of the allocation audit and recovery services (hereafter referred to as "audit fee "), including without limitation, any reimbursement or other payment from any state fund and any point of sale misallocations.
The audit fee shall be paid even if City assists , works in parallel with , and/or incurs attorneys' fees or other costs or expenses in connection with any of the relevant Services. Among other things, the audit fee applies to state fund transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the allocation audit by Consultant and confirmation of corrections by the State Board of Equalization . City shall pay audit fees upon Consultant 's submittal of evidence of Consultant's work in support of recovery of subject revenue , including, without limitation, copies of BOE 549-S petition forms of any other correspondence between Consultant and the Board of Equalization or the taxpayer.
For any increase in the tax reported by bus inesses a lready properly making tax payments to City, it shall be Consultant's responsibility to support in its invoices the audit fee attributable, in whole or in part, to Consultant's Services.
Consultant shall invoice City for any consulting and other optional Services rendered to City based on the following hourly rates on a monthly or a quarterly basis, at Consultant's option. All such invoices shall be payable by City no later than 30 days following the invoice date. City shall not be invoiced for any consulting Services totaling less than an hour in any month. The hourly rates in effect as of the Effective Date are as follows:
Hourly Rate
Principal $325
Programmer $295
Senior Analyst $245
Analyst $195
Associate $150
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EXHIBIT C
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected 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 Consultant’s performance of the services called for 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.
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 Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant 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 Consultant 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 Consultant accepts or rejects the tender of defense, whichever occurs first.
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Attachment 3
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3 RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS
WHEREAS, pursuant to Ordinance No. 8-82, the City of Dublin entered into a contract with the State Board of Equalization (“SBOE” or “Board”) to perform all functions relating to the administration and collections of local sales and use taxes; and WHEREAS, the City Council of the City of Dublin now desires to again reestablish the authorization of designated representatives, including HdL, to examine on behalf of the City’s confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by SBOE for the City pursuant to its contract; and WHEREAS, the Taxpayer Transparency and Fairness Act was adopted and signed into law in 2017, which established, among other things, the California Department of Tax and Fee Administration (“CDTFA” or “Department”) and transferred to such agency certain duties, powers, and responsibilities of the SBOE relating to the administration of various taxes and fees; and WHEREAS, pursuant to Government Code Section 15570.24, the contract entered into by the City with SBOE is deemed to now apply to the CDTFA; and WHEREAS, the City Council deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the SBOE pertaining to sales and use taxes collected by the CDTFA for the City pursuant to its contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of CDTFA records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; and
WHEREAS, the format of this resolution shall meet the requirements of the CDTFA and shall consolidate actions taken in previous resolutions.
NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Dublin as follows:
Section1. That the City Manager, or other officer or employee of the City designated in writing by the City Manager to the Department of Tax and Fee Administration (hereafter referred to as Department), is hereby appointed to represent the City of Dublin with authority to examine transactions tax records of the Department pertaining to transactions taxes, including sales and use taxes, collected for the City by the Department pursuant to the contract between the City and the Department. The information obtained by examination of Department records shall be used only for purposes related to the collection of City transactions taxes by the Department pursuant to that contract.
Section 2. That the City Manager, or other officer or employee of the City designated in writing by the City Manager to the Department, is hereby appointed to represent the City with 169
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3 authority to examine those transactions tax records of the Department, including sales and use tax records, for purposes related to the following governmental functions of the City:
(a) City administration
(b) Revenue management and budgeting
(c) Community and economic development
(d) Business license tax administration
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.
Section 3. That Hinderliter, de Llamas & Associates is hereby designated to examine the transactions tax records of the Department pertaining to transactions taxes, including sales and use taxes, collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and Hinderliter, de Llamas & Associates:
a) has an existing contract with the City to examine those transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions tax records only to the officer or employee authorized under Sections 1 or 2 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.
The information obtained by examination of Department records shall be used only for purposes related to the collection of City transactions by the Department pursuant to the contract between the City and the Department and for purposes relating to the governmental functions of the City listed in Section 2 of this resolution.
Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 5. Supersession and Repeal. Any and all other resolutions and parts thereof in conflict with the provisions of this Resolution are superseded and repealed, effective on the effective date of this Resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon its passage and adoption.
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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REQUEST FOR PROPOSALS
MUNICIPAL SALES/USE TAX AUDITING AND ECONOMIC ANALYSIS
SERVICES
City of Dublin
Pro
posals must be received by: April 15, 2022
Jay Baksa, Assistant Administrative Services Director
100 Civic Plaza
City of Dublin, CA 94568
Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal questions, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previ ous clients.
Attachment 4
172
Request for Proposal
For
Municipal Sales/Use Tax Auditing and Economic Analysis Services
PURPOSE
The CITY OF DUBLIN (hereinafter “City”) hereby requests proposals from interested firms for professional municipal sales/use tax auditing and economic analysis services (hereinafter “Services”), and will receive proposals in the City of Dublin, Administrative Services Department located at 100 Civic Plaza, Dublin, CA, 94568 on Friday, April 15, 2022, up to the hour of 5:00 PM Pacific Standard Time.
BACKGROUND
The City is located in Eastern Alameda County, approximately 35 miles southeast of San Francisco. The City was incorporated in 1982 with a population of 63,421 within 14.59 square miles. The City derives approximately 25% of their General Fund revenue from Sales/Use Tax. The Fiscal Year 2021‐22 Adopted Budget projected the City would receive $22.5 million in sales tax revenue for the City’s general fund.
SCOPE OF SERVICES
The City is requesting proposals for the investigation of sales/use tax records and the recovery of revenue on behalf of the City as well as providing economic analysis services. The proposal should address the following items at a minimum:
1. General Strategy
a. Describe the general strategy for sales and use tax auditing.
b. Define the role of City staff and City records as it relates to your efforts.
c. Describe your interaction with the State Board of Equalization (SBOE) and with businesses being audited.
d. Provide a measure of how successful appeals have been as an example of claims that were successful and/or an average dollar amount per client of sales tax recovered in the last five fiscal years.
e. Identify what sources of information will be needed and the means with which they will be acquired.
2. Objectives and Methodology
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a. Identify the specific procedures you will use to detect, correct, and recover misallocated revenue for the City, including, but not limited to:
i. Identify and correct the sales/use tax reporting errors of businesses within the City that are not properly registered based on their business activities in the City.
ii. Identify and correct the reporting of businesses that are improperly reporting tax to state and county pools (i.e. classifying sales tax as use tax), thereby depriving the City of sales tax revenue.
iii. Detect, document and correct sales/use tax reports errors and omissions in order to generate new, previously unrealized revenue for the City.
iv. Determine if the SBOE had prior knowledge of the error(s), which could entitle the City to collect revenue from additional periods.
b. Monitor and analyze the quarterly distribution reports with a focus on the following:
i. Those accounts with previously reported point‐of‐sale distribution errors to ensure that the corrections are made for current quarters and all eligible back quarters.
ii. Those major accounts comprising 90% or more of the City’s total sales and use tax revenue to identify irregularities or unusual deviations from the normal pattern (e.g. negative funds transfers, significant decreases, unusual increases, etc.) and ensure that the City is not receiving less revenue than it is entitled to receive.
c. Identify opportunities for the City to recover the local allocation on purchase transactions subject to tax, and facilitate the recovery of such funds.
d. Assist the City with strategies to preserve and enhance sales and use tax generated by existing businesses within the City.
3. Sales and Use Tax Information Services
1. Provide an electronic database of the City’s sales and use tax data to the City to facilitate monitoring, analysis and forecasting. The database will include the following features at a minimum:
i. All sales tax producers in the City of Dublin, including business name, address, SBOE account number and current and historical sales tax allocations.
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ii. To be able to generate special reports to the City on; major sales tax producers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.
iii. Quarterly updates.
iv. Ability for the City to create and maintain subsets of the information based on geographic features.
v. Ability to define and print reports.
vi. Ability to export all data to a spreadsheet.
Provide a sample showing the database layout and file type your firm is proposing.
2. Provide written sales tax reports on a quarterly basis to the City in a timely manner, following the receipt of the quarterly distribution report. In addition, consultant will meet quarterly with the City.
The reports will include the Municipal Sales/Use Tax Auditing following:
i. Top sales tax generators ranked by the amount of sales and use tax produced.
ii. Analysis of sales trends by business category, identifying by business the major increases and decreases each quarter.
iii. Comparisons to other local, county and state jurisdictions.
iv. Sales and use tax projections, updated quarterly.
v. Information regarding state and federal legislative issues, including an analysis of their potential impact on the City.
vi. Other reports as mutually agreed upon.
vii. Include sample sales tax reports with your firm's response.
Consultant shall, additionally, provide following each quarter a summary analysis for the City to share with Council Members, Members of the Chambers of Commerce and other economic development interest groups. The analysis should include the City’s sales tax trend by major group and geographic areas without disclosing confidential information.
4. Budget
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i. Identify the proposed timeframes regarding date of knowledge, date of correction back quarters and forward quarters in terms of compensation.
ii. Identify the characteristics of accounts for which compensation will be received.
iii. Provide your proposed compensation schedule for corrections.
iv. Provide your proposed compensation schedule for Quarterly Distribution Report misallocations.
v. Identify any credits for negative allocations attributable to proposer on behalf of another client.
vi. If applicable, please identify any additional compensation for in person meetings required at the City.
5. Forecasting
i. In at least three of the quarterly reports, provide an update of this year's forecasted sales tax revenue, utilizing the 60‐day accrual convention, and a forecast of next year's sales tax revenue.
ii. No later than the end of the first week in March, provide an updated budgetary forecast based on 4th quarter sales tax information, including
i. An updated forecast for the end of the year, utilizing the 60‐day accrual convention.
ii. A forecast of next year's sales tax revenue, for use in the annual budget
iii. A 5‐year sales tax forecast, incorporating growth assumptions regarding future development in the City of Dublin.
iii. In addition, please provide a measurement on how close the firm's historical forecasts have been to actual results.
6. Consulting and Other Optional Services
a. Please provide a cost per hour by position for optional/consulting services that are not limited to, but may include the following;
i. Consultant may, from time
to time in its sole discretion, consult with City staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax; (ii) utilization of reports to enhance business license collection efforts; and (iii) sales tax projections for proposed annexations, economic development projects and budget planning. In addition to the foregoing optional consulting services, 176
Consultant may, from time to time in its sole discretion, perform other optional Services, including without limitation, negotiating/review of tax sharing agreements, establishing purchasing corporations, and meeting with taxpayers to encourage self‐assessment of use tax.
Process and General Conditions
1. Proposers shall submit proposals electronically to:
Jay Baksa
Assistant Administrative Services Director
Email: [email protected]
Electronic copies shall be submitted via email in a PDF, format.
2. Deadline for submitting the proposal is April 15, 2022 at 5:00 p.m.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 30 pages, single‐sided, using minimum 12‐point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team.
Schedule for RFP Process
March 29, 2022 Request for Proposals released
April 8, 2022 Deadline to submit questions to City of Dublin
April 12, 2022 Addendum posted, if required
April 15, 2022 Proposals are due no later than 5:00 PM on April 15 electronically addressed to Jay Baksa,, Administrative Services Department, City of Dublin, to the email address: [email protected]. Late submittals will not be accepted.
TBD Interview firms (optional)
TBD Consulting Services Agreement scheduled for approval by the Dublin City Council.
(Tentative dates, subject to change)
RFP Submittal Requirements
Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement 177
of Qualification. Please note however that the RFP submittal is limited to 30 pages maximum single sided (excluding resumes), and should be submitted in 8 ½ x 11 format, in 12‐point font. Page limit excludes a table of contents, dividers, and resumes for Consultant’s team.
Please format your response to this request in the following order to facilitate comparisons among respondents.
1. Enclose a cover letter
not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide consulting services for a Municipal Sales/Use Tax Auditing and Economic Analysis Services. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within the document and not as a separate page.
2. Firm Background and Organization
a. Describe your organization, date founded, ownership and other business affiliations. Provide number and location of affiliated offices. Specify the number of years your organization has provided requested services.
b. Project Experience: Narrative description, accompanied by examples of reports or other related deliverables of projects similar in scope to the one covered by this RFP.
3. Scope of Service, addressing items 1‐6
4. Pricing Structure/Methodology
5. References
a. Provide a list of at least five client references in California. Include length of time working with client, contact name, and phone number. The City reserves the right to contact each of the references listed for additional information regarding your firm’s qualifications.
6. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal.
As stated in the Process and General Conditions and Schedule for RFP Process sections above, proposals are due no later than April 15 by 5:00pm. Any Proposal submitted after the stated deadline will not be accepted for consideration.
Standard Consulting Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement will begin July 1, 2022
A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A.
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If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to 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 firm 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.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating
within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.
Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non‐ compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub‐consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
Governing Law
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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.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:
General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. Informal interviews may be conducted by City staff, and may include more than one firm that has submitted a Proposal.
Based on
input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City.
Selection of Consultant
Submitted Proposals will be evaluated and scored using the following criteria:
Qualifications and specific experience of key project team members. Quality and completeness of the proposal.
Experience with engagement of similar scope and complexity. Satisfaction of previous clients.
Cost of providing the consultant services for this project. 180
Attachment A
St
andard Consulting Services Agreement
(Removed for the purposes of the June 21, 2022 Regular City Council Meeting)
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STAFF REPORT
CITY COUNCIL