May 16, 2023 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Michael McCorriston, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, May 16, 2023 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
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, May 16, 2023. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period 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.
CLOSED SESSION
I. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Mayor Hernandez and Councilmember Hu Unrepresented Employee: City Manager
1 May 16, 2023 Dublin City Council Regular Meeting Agenda 2
REGULAR MEETING
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
3.1 Presentation from the Mayor’s Council
The City Council will receive a presentation from the Mayor’s Council on their activities during the 2022-23 year.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
3.2 Gun Violence Awareness Day and Month Proclamation
The City Council will present the Gun Violence Awareness Day and Month proclamation.
STAFF RECOMMENDATION:
Present the proclamation.
Staff Report
Attachment 1 - Gun Violence Awareness Day and Month
3.3 Job’s Daughters International Day Centennial Celebration Proclamation The City Council will present the Job’s Daughters International Day Centennial Celebration proclamation.
STAFF RECOMMENDATION:
Present the proclamation.
Staff Report
Attachment 1 – Job’s Daughters International Day Centennial Celebration Proclamation
3.4 Youth Advisory Committee Annual Report
The Youth Advisory Committee will present an annual report highlighting accomplishments for the 2022-23 term.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Item 3.4 PowerPoint Presentation
3.5 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).
2 May 16, 2023 Dublin City Council Regular Meeting Agenda 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 May 2, 2023 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the May 2, 2023 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the May 2, 2023 Regular City Council Meeting.
Staff Report
Attachment 1 - May 2, 2023 Regular City Council Meeting Minutes
4.2 Awarding a Contract to Chrisp Company for On-Call Striping and Marking The City Council will consider awarding a contract to Chrisp Company for the replacement and installation of pavement striping and markings throughout the City on an as-needed basis.
STAFF RECOMMENDATION:
Adopt the Resolution Awarding a Contract for On-Call Striping and Marking to Chrisp Company.
Staff Report
Attachment 1 - Resolution Awarding a Contract for On-Call Striping and Marking to Chrisp Company
Attachment 2 - Bid Results
4.3 Agreement with the City of San Ramon Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS The City Council will consider approving an agreement with the City of San Ramon related to the methodology of allocating future pension payments to reflect any additional discretionary payments made by Dublin or San Ramon to the Dougherty Regional Fire Authority Safety pension plan.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement Between the City of San Ramon and the City of Dublin Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS.
Staff Report
Attachment 1 - Resolution Approving an Agreement with the City of San Ramon and the City of Dublin Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS
Attachment 2 - Exhibit A to the Resolution - Agreement with the City of San Ramon Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS
Attachment 3 - Dougherty Regional Fire Authority UAAL Payment Analysis
4.4 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from April 1, 2023 - April 30, 2023, totaling $4,014,851.18.
3 May 16, 2023 Dublin City Council Regular Meeting Agenda 4
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Payment Issuance Report for April 2023
4.5 Adoption of an Appropriations Limit for Fiscal Year 2023-24 The City Council will consider adoption of the annual Appropriations Limit in accordance with State law. The City of Dublin’s Limit for Fiscal Year 2023-24 is $468,263,521, which exceeds the City’s related appropriations by $375,464,050.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting an Appropriations Limit for Fiscal Year 2023-24.
Staff Report
Attachment 1 - Resolution Adopting an Appropriations Limit for Fiscal Year 2023-24 Attachment 2 - Exhibit A to the Resolution - Calculation of Fiscal Year 2023-24 Appropriations Limit
Attachment 3 - Fiscal Year 2023-24 Appropriations Limit
4.6 City Treasurer’s Informational Report of Investments for the Quarter Ending March 31, 2023
The City Council will receive an informational report of the City’s investments through the quarter ending March 31, 2023 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $388,037,166 (market value) with an average market yield of 4.39%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months.
STAFF RECOMMENDATION:
Receive the City Treasurer’s Informational Report of Investments for the Quarter Ending March 31, 2023.
Staff Report
Attachment 1 - City of Dublin Investment Report for Period Ending March 31, 2023 Attachment 2 - Transaction Ledger - January through March 2023
4.7 Agreement with California Automotive Retailing Group, Inc. for General Motors Dealer Community Charging Program at Don Biddle Community Park The City Council will consider approving an agreement with California Automotive Retailing Group, Inc. to allow for the construction, installation, and operation of electric vehicle charging stations at Don Biddle Community Park.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with California Automotive Retailing Group, Inc. for the General Motors Dealer Community Charging Program.
Staff Report
Attachment 1 - Resolution Approving An Agreement with California Automotive Retailing Group, Inc. for the General Motors Community Charging Program Attachment 2 - Exhibit A to the Resolution - Site Hosting Agreement with California Automotive Retailing Group Inc
Attachment 3 - General Motors Dealer Community Charging Guidelines Attachment 4 - FLO Driver Terms of Use and Privacy Policy Attachment 5 - City Council Report dated February 21, 2023 (without attachments) 4 May 16, 2023 Dublin City Council Regular Meeting Agenda 5
5. WRITTEN COMMUNICATION
5.1 Invitation to Visit Bray, Ireland for the International Bray Air Display from the Wicklow County Council
The City Council will consider an invitation from the Wicklow County Council for the Mayor, Councilmembers, and City Officials to visit Bray, Ireland for the International Bray Air Display in July 2023.
STAFF RECOMMENDATION:
If the City Council chooses to send representatives to participate in the International Bray Air Display in Ireland, direct Staff to proceed with travel accommodations as necessary.
Staff Report
Attachment 1 - Invitation visit Bray, Ireland for the International Bray Air Display from the Wicklow County Council
6. PUBLIC HEARING
6.1 Adoption of the Fiscal Year 2023-24 Budget
The City Council will consider adopting the City’s budget for Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt the Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2023-24.
Staff Report
Attachment 1 - Resolution Adopting a Budget for the City of Dublin for Fiscal Year 2023-24 Attachment 2 - Fiscal Year 2023-24 General Fund Summary Attachment 3 - Fiscal Year 2023-24 General Fund Reserves Attachment 4 - Proposed Fiscal Year 2023-24 Budget
Item 6.1 PowerPoint Presentation
6.2 Adopting the Proposed 2022-2027 Five-Year Capital Improvement Program Update The City Council will conduct a public hearing and consider adopting the proposed Five- Year Capital Improvement Program Update, which includes capital project funding from Fiscal Year 2022-23 through Fiscal Year 2026-27.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt the Resolution Adopting the Proposed Five-Year Capital Improvement Program 2022-2027 Update.
Staff Report
Attachment 1 - Resolution Adopting the Proposed Five-Year Capital Improvement Program 2022-2027 Update
Attachment 2 - Proposed Five-Year Capital Improvement Program 2022-2027 Update Item 6.2 PowerPoint Presentation
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS – None.
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 5 May 16, 2023 Dublin City Council Regular Meeting Agenda 6
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) (ADA), 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. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
6 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation from the Mayor’s Council
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will receive a presentation from the Mayor’s Council on their activities during the 2022-23 year.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Under Item 9 at the May 2, 2023 Regular City Council meeting, Mayor Hernandez requested time for her Mayor’s Council to present a report on their 2022-23 school-year projects.
The Mayor’s Council is a group of high school students selected by the Mayor. With consultation of the Mayor, the group organizes and leads civic engagement projects in the City.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
7
ATTACHMENTS:
None.
8 STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Gun Violence Awareness Day and Month Proclamation Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present the Gun Violence Awareness Day and Month Proclamation.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The annual Gun Violence Awareness Day is being observed on June 2, 2023, and the month of June is dedicated to Gun Violence Awareness as well. During this commemoration, many people demonstrate their support of gun violence awareness by wearing orange in remembrance of Hadiya Pendleton, who was shot and killed on a playground in Chicago when she was a young teen.
With this proclamation, the City renews its commitment to reduce gun violence and encourage responsible gun ownership in our community and country.
STRATEGIC PLAN INITIATIVE:
None.
9
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Gun Violence Awareness Day and Month Proclamation
10 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Gun Violence Awareness Day and Month”
WHEREAS, every day, 120 Americans are killed by gun violence and more than 200 are shot and wounded, with an average of more than 17,000 gun homicides every year; and
WHEREAS, Americans are 26 times more likely to die by gun homicide than people in other high-income countries; and WHEREAS, in an average year, 3,253 people die by guns in California, with a rate of eight deaths per 100,000 people, a crisis that costs the state $41.9 billion each year, of which $1.1 billion is paid by taxpayers; and WHEREAS, gun homicides and assaults are concentrated in cities, with more than half of all firearm-related gun deaths in the nation occurring in 127 cities; and
WHEREAS, cities across the nation, including Dublin, are working to end the gun violence with evidence-based solutions; and WHEREAS, protecting public safety in the communities they serve is an integral part of public safety in our communities; and WHEREAS, gun violence prevention is more important than ever as we see an increase in firearm homicides, and nonfatal shootings across the county; and
WHEREAS, the City of Dublin renews its commitment to reduce gun violence and continue to encourage responsible gun ownership to help keep our families and community safe.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim June 2, 2023 as “Gun Violence Awareness Day” and June 2023 as “Gun Violence Awareness Month” and encourages citizens in the City of Dublin to support local efforts to prevent the tragic effects of gun violence and honor human lives.
DATED: May 16, 2023
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
_______
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 11 STAFF REPORT
CITY COUNCIL
Agenda Item 3.3
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Job’s Daughters International Day Centennial CelebrationProclamation Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present the Job’s Daughters International Day Centennial Celebration Proclamation.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Job’s Daughters International Day is observed on May 27. This year, Job’s Daughters International is holding a Centennial Celebration. Job’s Daughters is an organization for young women between the ages of 10 and 20 that provides a safe space for girls to learn leadership skills and be an active part of their community. Job’s Daughters Bethel No. 1 has participated in numerous volunteer events in Dublin, including but not limited to St. Patrick’s Day Events, Splatter, Creek Clean Ups, and Farmers Markets.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
12
ATTACHMENTS:
1) Job’s Daughters International Day Centennial Celebration Proclamation 13 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Job’s Daughters International Day Centennial Celebration” WHEREAS, the City of Dublin wishes to acknowledge that Job’s Daughters Bethel No 1 Dublin has been instrumental in the community by their generous charitable work including but not limited to: volunteering during city sponsored ribbon weeks, serving during St Patrick’s Day fun run and Easter Egg Hunts, and assisting with School Clean Up projects. The group has been a presence in the community for 40 years, holding their business meetings at several city locations including Shannon Community Center, Murray Elementary School gymnasium, Camp Parks Meeting Room, and various church reception halls; and
WHEREAS, Job’s Daughters Internationalwas founded by Ethel T. Wead Mick in Nebraska and expanded to California by Elsie Bonneville Daskam with the 1st Bethel receiving their charter signed on June 9th 1923 in Oakland CA. Bethel No 1 moved from Oakland to Dublin in 1983 and is one of 70 Bethels in the State of California; and
WHEREAS, Job’s Daughters is an organization for young women between the ages of 10 and 20, with over 1 million members and alumni worldwide over the course of the last 100 years. Job’s Daughters provides a safe place for girls to have fun, learn leadership skills, and be an active part of their community.
Job’s Daughters provides its members with a life-long community of support to help them succeed in society. Through local gatherings, Job’s Daughters provides a place for girls to become confident women; and WHEREAS, Job’s Daughters of California, in partnership with the California Masonic Families, offers tens of thousands of dollars annually in scholarships and grants to its members, and in support of local, regional, and international charities; and WHEREAS, the City of Dublin encourages youth to get involved in organizations such as Job’s Daughters International who, through business meetings, leadership camps, and events and fundraisers, help young women develop the skills needed to be outstanding leaders.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 27, 2023 as “Job’s Daughters International Day”, and encourages the support of the Job’s Daughters International program and its participants, and the work they do to enable students to realize their full potential.
DATED: May 16, 2023
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
_______
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 14 STAFF REPORT
CITY COUNCIL
Agenda Item 3.4
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Youth Advisory Committee Annual Report
Prepared by: Liz Elliott, Recreation Supervisor
EXECUTIVE SUMMARY:
The Youth Advisory Committee will present an annual report highlighting accomplishments for the 2022-23 term.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Each year, the Youth Advisory Committee (YAC) Members present a report highlighting accomplishments during the term. Accomplishments include awarding Youth Mini-Grants, volunteering at City events, participating in a roundtable event with neighboring agencies, engaging in fundraising efforts for the Youth Fee Assistance Program, and planning, implementing, and hosting events.
The YAC’s 2022-23 accomplishments include the following:
Awarded four youth organizations in Dublin with Youth Mini-Grants totaling $2,500 (DubMed, Gardeners of the Galaxy, SHAPE – Student Health Advocates for a Positive Environment, Teens Unite for Education).
Planned, implemented, and hosted the second Youth Mental Health Forum at the Shannon Community Center on Thursday, November 17, 2022.
Volunteered at the City’s Splatter, Harvest Fair, St. Patrick’s Day Festival, Spring 15
Eggstravaganza, and Holiday Tree Lighting events.
Volunteered at the Teen Job Fair on Saturday, March 4, 2023, at the Pleasanton Senior Center. Collaborated with the Senior Center Advisory Committee to host the Dublin Benefit Concert on April 6, 2023, at the first Farmers Market of the season at the Emerald Glen Park Amphitheater.
Participated in the Spring Tri-Valley Youth Committees event on Saturday, April 22, 2023, in San Ramon.
The Committee Chair and Vice Chair presented the annual report at the April 17, 2023 Parks and Community Services Commission meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Commission Agenda was posted.
ATTACHMENTS:
None.
16 2022-23 Y outh Advisory
Committee Annual Report
City Council
May 16, 2023
17 2022-23 Accomplishments
• Developed Committee Workplan
• Awarded $2500 for Y outh Mini-Grant
Program
• Hosted Y outh Mental Health Forum
• Volunteered at City Special Events
• Hosted Dublin Benefit Concert
• Participated in Tri-Valley Roundtable
18 Y outh Mental Health Forum
• Approximately 100 were in attendance
• Six (6) panelists
• Addition of organization resource tables
• Representatives from: A Brighter Day Foundation, Dublin Police Services Behavioral Health Unit, Fallon Middle School Peer Education and Counseling (PEAC), LGBTQ+ community, National Alliance on Mental Health (NAM) Tri-Valley, and Z-Cares. 19 Y outh Mini-Grants
• Followed established Y outh Mini-Grant
application & rating process
• Presentations November 2022 and April
2023
• Impacted 1,748 Dublin youth
• Awarded $2,500 to four organizations
– DubMed - $200
– Gardeners of the Galaxy - $1,500
– SHAPE - $450
– T eens Unite for Education - $350
20 City Special Events
• Splatter
• Harvest Fair
• St. Patrick’s Day Festival
• T een Job Fair
• Holiday Tree Lighting
• Spring Eggstravaganza
21 Dublin Benefit Concert
• Thursday, April 6, 2023, at Emerald
Glen Park
• Collaborated with the Dublin
Senior Center Advisory
Committee
• Second year at the first Farmers’
Market
• Included singing and dancing for a
total of 11 performances
• Proceeds benefit the Dublin Fee
Assistance Program
22 Tri-Valley Roundtable Event
• Spring Round Table
– Saturday, April 22, 2023
– Hosted by City of San
Ramon
• 29 participants from local
agencies including Danville,
Dublin, Livermore, Pleasanton
and San Ramon
• Host City rotates each year
23 Questions?
24 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the May 2, 2023 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the May 2, 2023 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the May 2, 2023 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) May 2, 2023 Regular City Council Meeting Minutes
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the May 2, 2023 Regular City Council Meeting Prepared by: Marsha Moore, MMC, City Clerk
25 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: May 2, 2023
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
May 2, 2023
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
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, May 2, 2023, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Absent
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2) PLEDGE OF ALLEGIANCE
3) ORAL COMMUNICATIONS
3.1) Lupus Awareness Month Proclamation
The City Council presented the Lupus Awareness Month Proclamation.
3.2) Employee Introductions
New City of Dublin Staff members, Crystal De Castro, Senior Planner with the Community Development Department, and Gloria Tai, Senior Finance Technician with the Administrative Services Department, were introduced.
3.3) Public Comment
Charlene Sigman provided public comment.
Attachment 1
26 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
May 2, 2023
Shawn Costello provided public comment.
4) CONSENT CALENDAR
4.1) Approved the April 18, 2023 Regular City Council Meeting Minutes.
4.2) Adopted Resolution No. 34-23 titled, “Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118.”
On a motion by Councilmember Hu, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar items 4.1 and 4.2.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Dr. Sherry Hu, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, Josey, Hu, Qaadri
ABSENT: McCorriston
4.3) Two-Year Strategic Plan Quarterly Update
This item was pulled from the consent calendar by Councilmember Qaadri for clarifying questions.
On a motion by Councilmember Qaadri and seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Consent Calendar item 4.3 “Two-Year Strategic Plan Quarterly Update.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, Josey, Hu, Qaadri
ABSENT: McCorriston
5) WRITTEN COMMUNICATION – None.
27 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
May 2, 2023
6) PUBLIC HEARING
6.1) 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 received a presentation regarding the Engineer’s Reports and the levy of special assessments in each of the five assessment districts for Fiscal Year 2023-24.
Mayor Hernandez opened the Public Hearing. Upon receiving no public comment, Mayor Hernandez closed the public hearing.
On a motion by Councilmember Josey, seconded by Councilmember Qaadri, and by unanimous vote, the City Council adopted Resolution No. 35-23 titled, “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.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Councilmember
AYES: Hernandez, Josey, Hu, Qaadri
ABSENT: McCorriston
7) UNFINISHED BUSINESS – None.
8) NEW BUSINESS
8.1) City of Dublin Fiscal Year 2023-24 Human Services Grant Program Funding Recommendations
The City Council received a presentation regarding the funding recommendation from the Human Services Commission for the Human Services Grant Program.
Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public comment period.
On a motion by Mayor Hernandez, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No. 36-23 titled, “Approving Funding Recommendations for the Fiscal Year 2023-24 Human Services Grant Program,” as amended 28 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
May 2, 2023
to remove Wishing Well and CALICO from the funding allocation and distribute the remaining funding equitably across the other organizations.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Melissa Hernandez, Mayor
SECOND: Jean Josey, Councilmember
AYES: Hernandez, Josey, Hu, Qaadri
ABSENT: McCorriston
8.2) Community Development Block Grant Program Review
The City Council received a presentation on the Community Development Block Grant (CDBG) program and becoming an Entitlement City to receive funding directly from the U.S.
Department of Housing and Urban Development (HUD) starting in 2024 or to remain in the Alameda County Urban County program.
Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public comment period.
On a motion by Councilmember Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council directed Staff to remain with Alameda County Urban County Program and notify HUD and Alameda County HCD of the decision.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, Josey, Hu, Qaadri
ABSENT: McCorriston
8.3) Report on the Public Facilities Fee Program
The City Council received a report on an overview of the City’s Public Facilities Fee Program and on the Program update currently underway.
Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public comment period.
By consensus, the City Council provided direction to proceed with Staff’s recommended change to the Program to decrease the community parkland requirement from 3 acres to 2.3 acres and shift the difference in acreage to nature parkland and directed Staff to make the necessary adjustments to the ordinance.
29 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
May 2, 2023
9) OTHER BUSINESS
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).
By consensus, the City Council agreed with Mayor Hernandez’s request to have the Mayor’s Council give their annual report at the next meeting on May 16, 2023. 10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 8:46 PM.
Mayor
ATTEST:
City Clerk
30 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Awarding a Contract to Chrisp Company for On-Call Striping and Marking Prepared by: Oliver Castillo, Assistant Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider awarding a contract to Chrisp Company for the replacement and installation of pavement striping and markings throughout the City on an as-needed basis.
STAFF RECOMMENDATION:
Adopt the Resolution Awarding a Contract for On-Call Striping and Marking to Chrisp Company.
FINANCIAL IMPACT:
The lowest responsive bid for the project was $85,037.50, which represents the unit costs for pavement striping and markings based on estimated quantities over the duration of the two-year contract.
The Fiscal Year 2023-24 operating budget for pavement striping and marking is $63,600. Staff will request a similar amount in the next annual budget cycle. A construction contingency of $42,160 is requested for the duration of the contract, for a total potential cost of $127,197.50. The bid and contingency amount is consistent with the budgeted funding for such work over a two-year period.
This work is funded through the State Gas Tax Fund and there will be no impact to the General Fund.
DESCRIPTION:
Annual operations and maintenance of City streets includes installation or replacement of pavement striping and markings. Although the budget for pavement striping and markings is appropriated annually, Staff is proposing a two-year contract for these services to provide a continuity of service from one contractor and to reduce Staff time spent annually soliciting bids. 31
The scope of work for the contract includes the installation and replacement of pavement striping and markings on an as-needed basis throughout the City.
The City of Dublin issued the bid package for these services on February 10, 2023. One bid was received on March 9, 2023, from Chrisp Company for $85,037.50 A summary of the bid is provided as Attachment 2. Chrisp Company is a leading contractor in the Bay Area with expertise in the installation of pavement striping and markings, is often a sub-contractor on street construction and pavement maintenance contracts and has performed satisfactorily on several City projects.
This contract establishes unit prices for various striping and marking bid items.
Staff has reviewed the bid results and recommends that the City Council award the contract to Chrisp Company as the lowest responsive and responsible bidder. Individual task orders will be issued by Staff and will be priced based on the unit prices provided in the bid documents. To minimize construction delays and to address any unforeseen work, Staff recommends that the City Manager or designee be authorized to approve change orders up to the contingency amount of $42,160 for the duration of the contract.
California Environmental Quality Act (CEQA)
This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted. A copy of this Staff Report was sent to Chrisp Company.
ATTACHMENTS:
1) Resolution Awarding a Contract for On-Call Striping and Marking to Chrisp Company 2) Bid Results
32 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AWARDING A CONTRACT FOR ON-CALL STRIPING AND MARKING TO CHRISP
COMPANY
WHEREAS, the City of Dublin did, on March 9, 2023, publicly open, examine, and declare the sealed bid for doing the work described in the bid documents for the On-Call Striping and Marking Contract, which bid documents 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, said bids were submitted to City Staff and Chrisp Company 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 does hereby award the On-Call Striping and Marking Contract to the lowest responsive bidder, Chrisp Company at a base bid of $85,037.50, 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 contract change orders based on the appropriated funds designated for the Contract up to the contingency amount of $42,160 for the duration of the Contract.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Contract Agreement with Chrisp Company which expires on June 30, 2025.
PASSED, APPROVED AND ADOPTED this 16th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
33 1
CITY OF DUBLIN
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
BID SUMMARY
Project Name: On Call Striping and Marking
Project No. : n/a
Bid Date: March 9, 2023
BASED BID Chrisp Company
ITEM DESCRIPTION Qty. UNIT Unit Cost Extension
1 Mobilization 10 EA $2,500.00 $25,000.00
2 Traffic Stripe (Detail 1 - Thermoplastic - 6" Wide) 750 LF $0.75 $562.50 3 Traffic Stripe (Detail 8 - Thermoplastic) 750 LF $0.75 $562.50 4 Traffic Stripe (Detail 9 - Thermoplastic) 750 LF $0.90 $675.00 5 Traffic Stripe (Detail 21 - Thermoplastic) 750 LF $3.50 $2,625.00 6 Traffic Stripe (Detail 22 - Thermoplastic) 750 LF $4.00 $3,000.00 7 Traffic Stripe (Detail 24 - Thermoplastic) 500 LF $2.00 $1,000.00 8 Traffic Stripe (Detail 27B - Thermoplastic - 6") 750 LF $2.00 $1,500.00 9 Traffic Stripe (Detail 27C - Thermoplastic) 500 LF $1.25 $625.00 10 Traffic Stripe (Detail 28 - Thermoplastic) 500 LF $8.00 $4,000.00 11 Traffic Stripe (Detail 31 - Thermoplastic) 500 LF $5.50 $2,750.00 12 Traffic Stripe (Detail 37B - Thermoplastic) 500 LF $1.75 $875.00 13 Traffic Stripe (Detail 38 - Thermoplastic) 500 LF $2.25 $1,125.00 14 Traffic Stripe (Detail 39 - Thermoplastic) 750 LF $2.00 $1,500.00 15 Traffic Stripe (Detail 39A - Thermoplastic) 500 LF $1.50 $750.00 16 Traffic Stripe (Detail 40 - Thermoplastic) 500 LF $0.75 $375.00 17 Traffic Stripe (Detail 41 - Thermosplastic) 500 LF $0.75 $375.00 18 Pavement Markings (Arrows, Symbols, Numerals, Words - Thermopalstic) 750 SF $8.00 $6,000.00 19 Traffic Stripe (4" White Stripe - Thermoplastic) 500 LF $1.80 $900.00 20 Traffic Stripe (6" White Stripe - Thermoplastic) 500 LF $2.00 $1,000.00 21 Pavement Marking (Yield Line - Thermoplastic) 450 LF $5.00 $2,250.00 22 Traffic Stripe (12" White Stripe - Thermoplastic) 450 LF $8.00 $3,600.00 23 Traffic Stripe (24" Yellow Stripe - Thermoplastic) 450 LF $16.00 $7,200.00 24 Traffic Stripe (12" Yellow Stripe - Thermoplastic) 450 LF $8.00 $3,600.00 25 Pavement Markers (Non-retroreflective) 250 EA $1.25 $312.50 26 Pavement Markers (Retroreflective) 250 EA $3.00 $750.00 27 Green Pavement Treatment (Resin) 450 SF $10.00 $4,500.00 28 Remove Traffic Stripe (Thermoplastic or Paint) 2,500 LF $1.75 $4,375.00 29 Remove Pavement Marking (Thermoplastic or Paint) 750 SF $3.00 $2,250.00 30 Remove Pavement Marker 500 EA $2.00 $1,000.00
TOTAL $85,037.50
APPARENT LOW BIDDER
List of Sub-Contractors
Description Chrisp Company
Attachment 2
34 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with the City of San Ramon Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with the City of San Ramon related to the methodology of allocating future pension payments to reflect any additional discretionary payments made by Dublin or San Ramon to the Dougherty Regional Fire Authority Safety pension plan.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement Between the City of San Ramon and the City of Dublin Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS.
FINANCIAL IMPACT:
The total CalPERS expected Unfunded Actuarial Accrued Liability (UAAL) for the Dougherty Regional Fire Authority is $11,436,707. The City of Dublin’s share is $6,577,250. The City Council has approved an Additional Discretionary Payment (ADP) of $3.46 million in Fiscal Year 2022-23 to address the City’s allocated unfunded pension liability. The ADP will reduce the City’s unfunded liability payment by approximately $2.2 million, based on a 20-year amortization schedule. The source of this funding is from General Fund Committed Reserve for Fire Services OPEB/Pension.
DESCRIPTION:
Background
Dublin and San Ramon are the sole members of a joint powers authority, formed under the Joint Exercise of Powers Act, known as the Dougherty Regional Fire Authority (DRFA). It was formed to provide fire services within the two cities and is a participant in CalPERS.
In 1997, San Ramon and Dublin began steps to transfer the responsibility for fire services from 35
DRFA to the two cities and wind up the affairs of DRFA. Since then, both cities have continued to contribute funds to manage DRFA’s contractual obligations. The DRFA pension plan is a closed plan, meaning there are no active employees earning benefits. There are, however, annual costs as a result of the unfunded actuarial accrued liability (UAAL) for the retirees. This is essentially the difference between the value of the CalPERS trust fund and the value of accrued benefits owed to current retirees.
The cost allocation is based on the two cities’ relative assessed values at the time of the formation of DRFA, with Dublin’s share at 57.51% and San Ramon’s share at 42.49%. Future plan costs, plan liabilities, and plan assets are allocated in the same proportions. Dublin’s currently allocated UAAL for DRFA is $6,577,250, with an annual required contribution of roughly $470,000 in Fiscal Year 2023-24.
The City has also set aside a General Fund Committed Reserve for Fire Services retirement costs, which has a current balance of $5,671,094. With the Fiscal Year 2022-23 budget adoption, the City Council approved the use of $3.46 million from this reserve to make a one-time contribution (called an Additional Discretionary Payment) to the CalPERS trust to bring down the unfunded liability, thus achieving savings over the life of the plan. That payment will be made in June 2023.
Because Dublin shares the plan with San Ramon, making an ADP involves adjusting the arrangement between the two parties to apply a new methodology that will accurately reflect the ADP as an increase to Dublin’s share of the plan and adjust future payments accordingly. The two cities worked with an actuarial consultant to work out the details of the new methodology. The actuarial analysis is included as Attachment 3 and is summarized below.
New Methodology
After any ADP made by either party, the allocation of each city’s plan liability remains the same (57.51% Dublin / 42.49% San Ramon). However, ADPs will be allocated 100% to the contributing city, effectively changing the split of plan assets. This change in allocated assets also changes each city’s proportional share of the plan’s annual payment. After Dublin makes the $3.46 million ADP, the proportionate split of future plan costs becomes 39.08% to Dublin and 60.92% to San Ramon.
The result is a net savings to Dublin of $2.2 million over the life of the plan, as shown below. 36
Both cities agree the actuary analysis will be performed annually and the respective allocated shares be adjusted a) based upon the CalPERS Annual Valuation Report, (b) whenever either Party makes an ADP, and (c) when either city requests, and the other city agrees, to make an adjustment based on CalPERS’s interim investment results using CalPERS’s spreadsheet or another tool provided by CalPERS. The adjustment will be made using the methodology used in the Actuarial 37
Report or such methodology agreed upon by both cities.
With City Council’s approval of the agreement reflecting the new methodology, Staff will make the budgeted ADP to the DRFA CalPERS trust.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Organizational Health
Objective A: Use existing reserves to address the unfunded Dougherty Regional Fire Authority (DRFA) pension liability.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with the City of San Ramon and the City of Dublin Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS
2) Exhibit A to the Resolution - Agreement Between the City of San Ramon and the City of Dublin Regarding Dougherty Regional Fire Authority Additional Discretionary Employer Contribution to CalPERS
3) Dougherty Regional Fire Authority UAAL Payment Analysis 38 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN RAMON AND THE CITY OF
DUBLIN REGARDING DOUGHERTY REGIONAL FIRE AUTHORITY ADDITIONAL
DISCRETIONARY EMPLOYER CONTRIBUTIONS TO CALPERS
WHEREAS, Dublin and San Ramon are the sole members of a joint powers authority, formed under the Joint Exercise of Powers Act (Government Code §§6500–6599.3), known as the Dougherty Regional Fire Authority (“DRFA” or the “Authority”). It was formed to provide fire services within the two cities and is a participant in the California Public Employee Retirement System (“CalPERS”); and
WHEREAS, effective June 30, 1997, San Ramon and Dublin began steps to transfer the responsibility for fire service from the Authority to the two cities and wind up the affairs of DRFA.
In furtherance of that effort, they entered into that certain Second Amendment to Dougherty Regional Fire Authority Joint Exercise of Powers Agreement, dated June 24, 1997; and WHEREAS, since that time, the Parties have continued to contribute funds to manage the Authority’s contractual obligations, including, but not limited to, its contract with CalPERS for the Safety Plan of the Dougherty Regional Fire Authority (CalPERS ID: 1047451387) (the “Plan”); and
WHEREAS, annually, CalPERS delivers to the Authority a determination of the Plan’s “minimum required employer contribution” (the “Annual Minimum”) for the subsequent fiscal year, which is accompanied by the actuarial valuation report for the previous fiscal year; and WHEREAS, in prior years, the Parties have by agreement allocated the Annual Minimum as follows: Dublin, 57.51% and San Ramon, 42.49%; and
WHEREAS, DRFA’s Annual Minimum is determined by the CalPERS actuary based on, among other things, the Plan’s Unfunded Accrued Liability (“UAL”), and CalPERS allows agencies to make “additional discretionary payments” or “ADPs” as a means of reducing the UAL (by funding that which was previously unfunded); and WHEREAS, Dublin desires to make an ADP as a means of reducing its future required contributions, and Dublin’s contribution would reduce the Authority’s UAL and thereby its future Annual Minimum. The Parties agree that the contributing party should exclusively benefit from making any ADP; and
WHEREAS, Dublin retained an actuarial consultant that prepared a report (the “Actuarial Report”) to determine how the allocation of the Annual Minimum for the 2023-2024 fiscal year should be altered if Dublin makes an ADP of $3,460,000 prior to July 1, 2023 and to determine how the Annual Minimum allocation should be calculated in future years; and 39 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 WHEREAS, the parties desire to enter into this Agreement to specify how Annual Minimums will be adjusted based on Dublin’s currently proposed ADP and future ADPs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement between the City of San Ramon and the City of Dublin regarding the Dougherty Regional Fire Authority.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and make any non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
40 AGREEMENT BETWEEN THE CITY OF SAN RAMON AND THE CITY OF DUBLIN
REGARDING DOUGHERTY REGIONAL FIRE AUTHORITY ADDITIONAL
DISCRETIONARY EMPLOYER CONTRIBUTIONS TO CALPERS
This Agreement (“Agreement”) is made and entered into as of May 16, 2023, by and between the City of Dublin (“Dublin”) and the City of San Ramon (“San Ramon”). Dublin and San Ramon are referred to collectively as the Parties.
RECITALS
WHEREAS, Dublin and San Ramon are the sole members of a joint powers authority, formed under the Joint Exercise of Powers Act (Government Code §§6500–6599.3), known as the Dougherty Regional Fire Authority (“DRFA” or the “Authority”). It was formed to provide fire services within the two cities and is a participant in the California Public Employee Retirement System (“CalPERS”).
WHEREAS, effective June 30, 1997, San Ramon and Dublin began steps to transfer the responsibility for fire service from the Authority to the two cities and wind up the affairs of DRFA. In furtherance of that effort, they entered into that certain Second Amendment to Dougherty Regional Fire Authority Joint Exercise of Powers Agreement, dated June 24, 1997.
WHEREAS, since that time, the Parties have continued to contribute funds to manage the Authority’s contractual obligations, including, but not limited to, its contract with CalPERS for the Safety Plan of the Dougherty Regional Fire Authority (CalPERS ID: 1047451387) (the “Plan”).
WHEREAS, annually, CalPERS delivers to the Authority a determination of the Plan’s “minimum required employer contribution” (the “Annual Minimum”) for the subsequent fiscal year, which is accompanied by the actuarial valuation report for the previous fiscal year.
WHEREAS, in prior years, the Parties have by agreement allocated the Annual Minimum as follows: Dublin, 57.51% and San Ramon, 42.49%.
WHEREAS, DRFA’s Annual Minimum is determined by the CalPERS actuary based on, among other things, the Plan’s Unfunded Accrued Liability (“UAL”), and CalPERS allows agencies to make “additional discretionary payments” or “ADPs” as a means of reducing the UAL (by funding that which was previously unfunded).
WHEREAS, Dublin desires to make an ADP as a means of reducing its future required contributions, and Dublin’s contribution would reduce the Authority’s UAL and thereby its future Annual Minimum. The Parties agree that the contributing party should exclusively benefit from making any ADP.
WHEREAS, Dublin retained an actuarial consultant that prepared a report (the “Actuarial Report”) to determine how the allocation of the Annual Minimum for the 2023-2024 fiscal year should be altered if Dublin makes an ADP of $3,460,000 prior to July 1, 2023 and to determine how the Annual Minimum allocation should be calculated in future years.
Attachment 2
41 WHEREAS, the parties desire to enter into this Agreement to specify how Annual Minimums will be adjusted based on Dublin’s currently proposed ADP and future ADPs.
NOW, THEREFORE, the parties agree as follows:
1. Dublin 2022-2023 Additional Discretionary Payment; 2023-2024 Annual Minimum.
Dublin intends to make a $3,460,000 ADP prior to June 30, 2023, and it will notify CalPERS two weeks in advance, in accordance with CalPERS requirements. Provided that it does so, the Parties’ respective shares of the 2023-2024 Annual Minimum shall be Dublin,
39.08%, and San Ramon, 60.92%.
2. Determination of Future Annual Minimums.
The Parties’ respective shares shall be adjusted (a) annually based upon the CalPERS Annual Valuation Report, (b) whenever either Party makes an ADP, and (c) when a Party requests, and the other Party agrees, to make an adjustment based on CalPERS’s interim investment results using CalPERS’s spreadsheet or other tool provided by CalPERS. The adjustment shall be made using the methodology used in the Actuarial Report or such methodology agreed upon by the parties.
3. Potential Future Additional Discretionary Payments
Either Party may elect in the future to make ADPs, and, if they do so, the Parties’ respective shares of the next scheduled Annual Minimum shall be adjusted using the methodology used in the Actuarial Report or such methodology agreed upon by the parties.
4. Effective Date And Term
This Agreement shall become effective as of [date] and shall remain in effect until terminated by either party upon written notice to the other party.
5. Entire Agreement
This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
42 CITY OF SAN RAMON
By: ________________________________
Name: Steven Spedowfski
Its: Interim City Manager
CITY OF DUBLIN
By: ________________________________
Name: Linda Smith
Its: City Manager
5341148.2
43
SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
ImpactofAdditionalDiscretionaryPayment
PlannedbytheCityofDublin
SubmittedMarch2023
Attachment 3
44 SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
TableofContents
Background...................................................................................................................................................1 ReflectingAdditionalDiscretionaryPayments.............................................................................................2 FinalRemarks................................................................................................................................................3 Appendix1ͲEstimatedPaymentsBeforeADP..............................................................................................4 Appendix2ͲEstimatedPaymentsAfterADP................................................................................................5
45 1
SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
Background
TheCityofDublinandtheCityofSanRamon(theCities)haveenteredintoanagreementtoshare the cost of funding the Safety and Miscellaneous plans of the Dougherty Regional Fire Authority. TheCityofDublinagreedtopay57.51%offuturecostsandtheCityofSanRamonagreedtopay
42.49%. This report discusses the adjustments to future payments necessary to reflect a $3,460,000AdditionalDiscretionaryPayment(ADP)totheSafetyPlanplannedbytheCityofDublin. ThepaymentisexpectedtobepaidinJune2023.
TheSafetyPlanoftheDoughertyRegionalFireAuthorityisacostͲsharingpensionplanparticipating in the California Public Employees’ Retirement System Safety Risk Pool. As determined from the most recently issued valuation report as of June 30, 2021, the plan had 71 retirees receiving an average annual pension of $43,723. There are no active participants earning benefits under the plan. Plan costs, therefore, result from unfunded plan liabilities that are funded by future amortization payments by the Cities. CalPERS performs annual valuations that are generally availableoneyearafterthevaluationdate(e.g.,theJune30,2021,valuationwasavailableinJuly 2022). These actuarial valuations remeasure plan liabilities and reflect asset performance which providesanupdatedestimateoftheunfundedactuarialaccruedliability(UAAL). Anewpayment schedule is then developed using the new valuation information. As of the June 30, 2021, valuation,theUAALwas$8,395,313.
CalPERS also offers the ability to reflect more recent plan experience not yet reflected in their valuationreports.Uponrequest,CalPERSwillprovideaspreadsheetthatenablestheusertoreflect how Additional Discretionary Payments (ADPs) to the plan will impact scheduled future amortizationpayments.ThisanalysisreliedontheCalPERStooltoestimatehoweachCity’sfuture planpaymentsshouldbeadjustedbasedontheCityofDublin’splanned$3,460,000ADP. Based on the CalPERS tool, the expected payment schedule before any Additional Discretionary Payments is shown in Appendix 1. The UAAL payments shown are based on the June 30, 2021, valuation and are adjusted for the estimatedͲ 7.5% asset return in the 2021Ͳ2022 fiscal year. Without any ADPs, and assuming no future changes to the schedule based on future plan experience, the City of Dublin and the City of San Ramon would be responsible for 57.51% and
42.49%ofthesepaymentsrespectively. ThepaymentsshowninAppendix1reflectCalPERS’best estimatethattheUAALwillhavegrownfrom$8,395,313to$11,436,708betweenJune2021and June2023.
46 2
SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
ReflectingAdditionalDiscretionaryPayments
As already discussed, the Cities have agreed to a 57.51%/42.49% split of future Plan costs. This payment split implicitly allocates Plan liabilities and assets between the Cities in the same proportions. The City of Dublin’s planned $3,460,000 ADP will change the relative proportion of assetsimplicitlyownedbyeachcity.
Asdiscussedintheprecedingsection,beforeanyADPstheexpectedUnfundedActuarialAccrued LiabilityonJune30,2023,is$11,436,707.Thisunfundedliabilityrepresentsthedifferencebetween theActuarialAccruedLiabilityof$41,444,888andplanassetsof$30,008,181.FollowinganADPby theCityofDublin,theresponsibilityofeachCityisexpectedtochangeasfollows:
Note that after any ADP, the allocated responsibility of each City for the plan liability remains constant at the agreed split of 57.51%/42.49%. However, ADPs are allocated 100% to the contributingentityeffectivelychangingthesplitofplanassetsbetweentheCities. Thischangein allocated assets also changes each entity’s proportional share of the plan’s Unfunded Actuarial AccruedLiability.Therednumbersshownintheexhibitbecomethenewscheduledpaymentsplit –39.08%totheCityofDublinand60.92%totheCityofSanRamon. Appendix 2 shows the estimated unfunded liability payments after the City of Dublin’s planned AdditionalDiscretionaryPayment.
Actuarial
Accrued
Liability
Plan
Assets
Unfunded
Accrued
Liability
Actuarial
Accrued
Liability
Plan
Assets
Unfunded
Accrued
Liability
Actuarial
Accrued
Liability
Plan
Assets
Unfunded
Accrued
Liability
PriortoADPon
June30,2023 41,444,888$ 30,008,181$ 11,436,707$ 23,834,955$ 17,257,705$ 6,577,250$ 17,609,933$ 12,750,476$ 4,859,457$ CityofDublin
ADPon
June30,2023
3,460,000 (3,460,000) 3,460,000 (3,460,000) Ͳ Ͳ AfterADP
onJune30,2023 41,444,888 33,468,181 7,976,707 23,834,955 20,717,705 3,117,250 17,609,933 12,750,476 4,859,457 Proportional
OwnershipAfter
Prepayment
57.51% 61.90% 39.08% 42.49% 38.10% 60.92%
DoughertySafetyPlan Allocated toCityofDublin Allocated toCityofSanRamon 47 3
SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
FinalRemarks
Additional Discretionary Payments to the Safety Plan of Dougherty Regional Fire Authority cause planassetsplitstodivergefromthe57.51%/42.49%futurecostsplits.TrackingtheimpactofADPs requiresadjustmentwheneverCalPERSprovidesanewplanvaluationandbetweenplanvaluations whenADPsaremade.Alltheseadjustmentsareestimatesoffuturepaymentresponsibilityandare subject to change as new information becomes available. For example, the estimated
39.08%/60.92%futurepaymentsplitwilllikelychangetosomedegreewhenCalPERSreleasestheir nextplanvaluation(expectedinJuly2023).Thepossibilityexiststhatsomepaymentsalreadymade usingestimatesmayneedtobeadjustedinretrospectrequiringacredittooneCitytobepaidby theother.Theseadditionaladministrativetasksarerequiredtoensurethattheultimatecostborne byeachCitycomplieswiththeiroriginallyagreed57.51%/42.49%splitoffutureplancosts. 48 4
SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
Appendix1
EstimatedPaymentsBeforeADP
ThechartbelowshowstheestimatedUnfundedLiabilityPaymentsfortheSafetyPlanbeforeany Additional Discretionary Payment by the City of Dublin. These payments are based on CalPERS’ spreadsheet tool and reflect CalPERS’ estimated asset loss in the 2021Ͳ2022 plan year ofͲ 7.5%. Notethatthebalancesandpaymentsineachfutureyeararesplit57.51%totheCityofDublinand
42.49%totheCityofSanRamon.
2023Ͳ24 11,436,708 814,060 6,577,251 468,166 4,859,457 345,894 2024Ͳ25 10,977,878 921,835 6,313,378 530,148 4,664,500 391,688 2025Ͳ26 10,771,711 1,029,610 6,194,811 592,129 4,576,900 437,481 2026Ͳ27 10,440,146 1,137,386 6,004,128 654,111 4,436,018 483,275 2027Ͳ28 9,974,655 1,245,161 5,736,424 716,092 4,238,231 529,069 2028Ͳ29 9,366,131 1,352,937 5,386,462 778,074 3,979,669 574,863 2029Ͳ30 8,604,848 1,352,937 4,948,648 778,074 3,656,200 574,863 2030Ͳ31 7,791,798 1,352,937 4,481,063 778,074 3,310,735 574,863 2031Ͳ32 6,923,460 1,352,937 3,981,682 778,074 2,941,778 574,863 2032Ͳ33 5,996,076 1,352,937 3,448,343 778,074 2,547,733 574,863 2033Ͳ34 5,005,629 1,352,937 2,878,737 778,074 2,126,892 574,863 2034Ͳ35 3,947,832 538,877 2,270,398 309,908 1,677,434 228,969 2035Ͳ36 3,659,387 538,877 2,104,514 309,908 1,554,874 228,969 2036Ͳ37 3,351,328 538,877 1,927,349 309,908 1,423,979 228,969 2037Ͳ38 3,022,321 538,877 1,738,137 309,908 1,284,184 228,969 2038Ͳ39 2,670,942 538,877 1,536,059 309,908 1,134,883 228,969 2039Ͳ40 2,295,669 538,877 1,320,239 309,908 975,430 228,969 2040Ͳ41 1,894,877 538,877 1,089,744 309,908 805,133 228,969 2041Ͳ42 1,466,831 538,877 843,575 309,908 623,257 228,969 2042Ͳ43 1,009,679 538,877 580,666 309,908 429,012 228,969 2043Ͳ44 521,439 538,877 299,880 309,908 221,560 228,969 Year
TOTAL Dublin San Ramon
Beginning
Balance
Paymentby
July31st
ofYear
Beginning
Balance
Paymentby
July31st
ofYear
Beginning
Balance
Paymentby
July31st
ofYear
49 5
SplitFundingAnalysisforthe
SafetyPlanoftheDoughertyRegionalFireAuthority
Appendix2
EstimatedPaymentsAfterADP
ThechartbelowshowstheestimatedUnfundedLiabilityPaymentsfortheSafetyPlanaftertheCity ofDublin’splannedAdditionalDiscretionaryPaymentof$3,460,000inJune2023.Thesepayments arebasedonCalPERS’spreadsheettool,reflectCalPERS’estimatedassetlossinthe2021Ͳ2022plan year ofͲ 7.5%, and assume that any ADP is applied proportionally to each unfunded liability paymentbase. Notethatthebalancesandpaymentsineachfutureyeararesplit39.08%tothe CityofDublinand60.92%totheCityofSanRamon.
2023Ͳ24 7,976,708 567,779 3,117,250 221,885 4,859,458 345,894 2024Ͳ25 7,912,737 642,948 3,092,251 251,260 4,820,486 391,688 2025Ͳ26 7,764,134 718,118 3,034,178 280,636 4,729,957 437,481 2026Ͳ27 7,525,146 793,287 2,940,782 310,012 4,584,363 483,275 2027Ͳ28 7,189,625 868,457 2,809,663 339,388 4,379,962 529,069 2028Ͳ29 6,751,007 943,626 2,638,254 368,764 4,112,754 574,863 2029Ͳ30 6,202,283 943,626 2,423,815 368,764 3,778,467 574,863 2030Ͳ31 5,616,245 943,626 2,194,795 368,764 3,421,450 574,863 2031Ͳ32 4,990,357 943,626 1,950,202 368,764 3,040,155 574,863 2032Ͳ33 4,321,908 943,626 1,688,976 368,764 2,632,932 574,863 2033Ͳ34 3,608,004 943,626 1,409,987 368,764 2,198,018 574,863 2034Ͳ35 2,845,556 375,848 1,112,026 146,879 1,733,530 228,969 2035Ͳ36 2,637,648 375,848 1,030,777 146,879 1,606,871 228,969 2036Ͳ37 2,415,602 375,848 944,003 146,879 1,471,599 228,969 2037Ͳ38 2,178,458 375,848 851,328 146,879 1,327,130 228,969 2038Ͳ39 1,925,187 375,848 752,351 146,879 1,172,836 228,969 2039Ͳ40 1,654,694 375,848 646,644 146,879 1,008,050 228,969 2040Ͳ41 1,365,808 375,848 533,749 146,879 832,059 228,969 2041Ͳ42 1,057,277 375,848 413,177 146,879 644,100 228,969 2042Ͳ43 727,766 375,848 284,406 146,879 443,360 228,969 2043Ͳ44 375,849 375,848 146,879 146,879 228,970 228,969 Year
TOTAL Dublin San Ramon
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ofYear
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July31st
ofYear
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July31st
ofYear
50 STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Darlynn Haas, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will receive a listing of payments issued from April 1, 2023 – April 30, 2023, totaling $4,014,851.18.
STAFF RECOMMENDATION:
Receive the reports.
FINANCIAL IMPACT:
Summary of Payments Issued
Report Period April 1, 2023 – April 30, 2028
Total Number of Payments: 309
Total Amount of Payments: $4,014,851.18
DESCRIPTION:
The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning April 1, 2023, through April 30, 2023. 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 51
payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Payment Issuance Report for April 2023
52 Date Issued
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
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4/3/2023
4/3/2023
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4/3/2023
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4/3/2023
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4/3/2023
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4/3/2023
4/3/2023
City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
Payee Amount
ADVANCED MOBILITY GROUP 2,240.00
AECOM TECHNICAL SERVICES, INC. 17,436.00
ADVANCED MOBILITY GROUP 10,495.00
ADVANCED MOBILITY GROUP 3,340.00
A4 PROMOTIONS & INCENTIVES 2,324.00
A4 PROMOTIONS & INCENTIVES 120.68
BIKE EAST BAY 5,000.00
BOUND TREE MEDICAL, LLC. 1,020.79
AT&T - CALNET 3 2,515.62
BAY AREA NEWS GROUP EAST BAY 335.24
ALL CITY MANAGEMENT SVCS INC 15,237.46
ARCHON ENERGY SOLUTIONS 63.20
CHRISTINE PETIT 96.00
CHRISTINE PETIT REC CLASS INSTRUCTOR 96.00
CHRISP COMPANY 607.05
CHRISP COMPANY 40,346.98
BPXPRESS 205.60
CASCADIA CONSULTING GROUP, INC
Description
SIGNAGE FOR ST PATS
BUSINESS CARDS
TRAFFIC SIGNAL SYSTEMS SUPPORT SVCS - NOV 2022
TRAFFIC SIGNAL SYSTEMS SUPPORT SVCS - JAN 2023
TRANSPORTATION PLANNING SERVICES - JAN 2023
CEQA PREP FOR HEXCEL REDEV
SCHOOL CROSSING GUARD SVCS
PERMIT REFUND #BLDG-2023-00471
ASE CIRCUITS TO 2/28/23
LEGAL NOTICES FEBRUARY 2023
BIKE EAST BAY - BIKE TO WORKDAY SILVER SPONS. 2023
POLICE SAFETY PPE
2022-2025 ON-CALL STRIPING - MARCH 2023
SB 1383 IMPLEMENTATION ASSISTANCE NOV 22-JAN 23
ON-CALL STRIPING
& MARKING SVCS - JAN 2023
CITY STRIPING & MARKING MAINT SERVICES - DEC 2022
REC CLASS INSTRUCTOR
34,147.81
CUBIC ITS, INC. TRAFFIC CAMERA - TRAFFIC CAMERA - JAN 2023 562.82 D HARRIS TOURS, INC SHUTTLE SERVICE FOR ST PATS EVENT 1,500.00 CHRISTINE PETIT REC CLASS INSTRUCTOR 134.40
COMCAST CIVIC CENTER COMCAST 500M INTERNET 1,725.00
CHRISTINE PETIT REC CLASS INSTRUCTOR 91.20
CHRISTINE PETIT REC CLASS INSTRUCTOR 72.00
DUBLIN LIONS CLUB BAND FEE FOR 2023 PARADE 2,000.00
DUTCHOVER & ASSOCIATES LANDSCAPE PLAN CHECK & INSPECTIONS 546.25 DAVID L. GATES & ASSOCIATES, INC. ALAMO CREEK FENCE DESIGN SERVICES - SEP 2022 2,654.00 DUBLIN CHEVROLET POLICE VEHICLE MAINT & REPAIRS 90.01
D HARRIS TOURS, INC SHUTTLE SERVICE FOR ST PATS EVENT 1,800.00 DAVID L. GATES & ASSOCIATES, INC. ALAMO CREEK FENCE DESIGN SERVICES - AUG 2022 1,000.00 FAIRWAY FAMILY RESIDENTIAL RENT ASSISTANCE PROGRAM - BATCH 7 6,000.00 FANTASY SOUND EVENT SERVICES LIGHTING FOR ST PATS 2,860.00 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 286.73 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 1,350.00 EDEN HOUSING INC. RESIDENTIAL RENT ASSISTANCE PROGRAM - BATCH 8 6,000.00 EOA, INC. STORMWATER NPDES IMPLEMENTATION ASSISTANCE 4,910.25 JAM SERVICES INC MATERIALS FOR VARIOUS CIP PROJECTS - MARCH 2023 882.00 JOY LIU ST. PATRICK'S DAY PHOTOGRAPHY 840.00
HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES 2,100.00 INTEGRA PLANNING & LANDSCAPE LANDSCAPE PLAN CHECK & INSPECTIONS 810.00 FANTASY SOUND EVENT SERVICES EMCEE SERVICE FOR ST PATS 300.00 GROUP 4 ARCHITECTURE, RESEARCH + WORKSPACE PLANNING STUDY 2,228.00 LEAGUE OF CALIFORNIA CITIES EAST BAY 2023 LOCAL STREET & ROAD ASSESSMENT - FEB 2023 500.00 LEHR AUTO 22D17 POLICE VEHICLE EMERGENCY EQUIPMENT 23,168.96 KITTELSON & ASSOCIATES, INC. ENGINEERING SVCS-LOCAL RD SAFETY PLAN - JAN 2023 21,116.00 KITTELSON & ASSOCIATES, INC. DEVELOPMENT TRANSPORTATION REVIEW JAN 2023 720.00 KIMLEY-HORN AND ASSOC. INC. DEVELOPMENT TRANSPORTATION REVIEW - FEB 2023 938.00 KIMLEY-HORN AND ASSOC. INC. DUBLIN BLVD NORTH CANYONS PRKWY EXT PROJ -FEB 2023 6,865.00 LSA ASSOCIATES INC. CEQA DOC PREP FOR QUARRY LN SCHOOL PAC 8,688.61 MACLEOD WATTS INC. DRFA PENSION SPLIT METHODOLOGY DEVELOPMENT 1,700.00 LSA ASSOCIATES INC. CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2 5,098.75 LSA ASSOCIATES INC. CEQA DOC PREP-BRANAUGH PROP STAGE 2 DEV 1,772.50 LIVERMORE AUTO GROUP POLICE VEHICLE MAINT & REPAIRS 950.23 LOGOBOSS PLAQUES FOR VOLUNTEER RECOGNITION EVENT 252.53 METRO SECURITY SERVICES OVERNIGHT SECURITY SERVICES FOR ST PATS 2,864.00 Attachment 1
53 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/3/2023
4/5/2023
4/6/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
MTC METROPOLITAN TRANSP COMMISSION LOCAL MATCH - MTC FOR P-TAP 24 GRANT MARCH 2023 12,000.00 ORIGINAL WATERMEN, INC. UNIFORM SUPPLIES -LIFEGUARD STRAW BEACH HATS 1,278.41 MMANC MMANC 2023 WLS 135.00
MNS ENGINEERS, INC. TRAFFIC SIGNAL INTERCONNECT PROJECT - FEB 2023 7,310.43 MINUTEMAN PRESS INVITATIONS & STAFF CARDS W/EVENT INFO 157.59 PINNACLE PROMOTIONS SWAG BAG SHIRTS FOR COUNCIL AT ST. PATS 546.96 PINNACLE PROMOTIONS SWAG BAG SHIRTS FOR COUNCIL AT ST. PATS 164.43 PAGE & TURNBULL INC CAMP PARK SIGNS RELOCATION SERVICES 9,312.60 PHOENIX GROUP INFO SYS. PARKING CITATIONS COLLECTED 225.00 ORIGINAL WATERMEN, INC. UNIFORM SUPPLIES - SWIMSUITS -SUMMER 2023 2,698.99 OUTFRONT MEDIA LLC ADS FOR BART STATIONS 1,500.00
SELECT IMAGING KEYS TO THE CITY 3,848.81
SELECT IMAGING ST PAT'S DAY SMALL FLAGS 893.03
ROBERT BENNETT ARTWORK FOR LITTLE LIBRARIES - TEMP ART PROGRAM 500.00 S & J ADVERTISING INC TWO 1/4 PAGE ADS IN YOUR TOWN MONTHLY 485.00 REDWOOD TOXICOLOGY LAB. INC. TOXICOLOGY SERVICES 1,364.44 RES ENVIRONMENTAL OPERATING CO ENVIRO INDIRECT MITIGATION-DUBLIN BLVD EXTSEPT 2022 43,167.00 SIERRA DISPLAY, INC. CITY BANNER PROGRAM 2,730.00
SIERRA DISPLAY, INC. CITY BANNER PROGRAM 2,730.00
SELECT IMAGING NAME BADGE 23.76
SHIR MARTIAL ARTS EMPOWER MARTIAL REC CLASS INST RUCTOR 208.60 SELECT IMAGING EMBROIDERY ON CC DUFFEL BAGS 73.65
SELECT IMAGING NAME PLATES FOR FACILITY CC PHOTOS 429.51 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES - SERVICE - FEB 2023 22,217.83 TRI-VALLEY JANITORIAL INC. JANITORIAL SUPPLIES & SVCS - CAMP PARKS - FEB 2023 31,135.24 TREASURER ALAMEDA COUNTY RETURN ASSET SEIZURE FUND D21-04126 4,673.33 TREASURER ALAMEDA COUNTY RETURN ASSET SEIZURE FUND D21-01509 1,118.71 THE LAW OFFICE OF REBECCA RETURN ASSET SEIZURE FUND D21-03165 4,349.35 TRB AND ASSOCIATES, INC. PLAN REVIEW & INSPECTION SERVICES FEB 2023 41,040.00 WILLDAN HOMELAND SOLUTIONS ENERGY EFFICIENCY/INFRASTRUCTURE IMPROVEMENTS 413,454.25 W-TRANS BASIS SCHOOL TRAFFIC STUDY - DEC 2022 8,015.00
WILLDAN ENERGY SOLUTIONS BLDG ELECTRIFICATION & CODE ASSISTANCE 810.74 WILLDAN HOMELAND SOLUTIONS ENERGY EFFICIENCY/INFRASTRUCTURE IMPROVEMENTS 682,548.40 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES - EXTRA SERVICES - MARCH 2023 5,022.52 TRI-VALLEY JANITORIAL INC. JANITORIAL SUPPLIES - FEB 2023 4,316.80 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 2/24/ 2023 20,860.27 Payments Issued 4/5/2023 Total: 20,860.27
Payments Issued 4/3/2023 Total: 1,575,127.55
W-TRANS BASIS SCHOOL TRAFFIC STUDY - JAN 2023 3,143.75
W-TRANS BASIS SCHOOL TRAFFIC STUDY - FEB 2023 10,493.75 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.32
A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 194.85
Payments Issued 4/6/2023 Total: 11,051.19
DSRSD SERVICE TO 3/14/2023 11,051.19
ALAMEDA HEALTH SYSTEM POLICE INVESTIGATIVE MEDICAL EXAM 1,274.00 ALLISON KELLY PASCHAL-HUNTER HERITAGE AND CULTURAL ARTS COMMISSION 100.00 ADVAITH KRISHNA ANOOP KRISHNA PCS COMMISSION 150.00
ALAMEDA HEALTH SYSTEM POLICE INVESTIGATIVE MEDICAL EXAM 1,274.00 ADAM JONATHAN LUMIA HUMAN SERVICES COMMISSION 50.00
ADAMSON POLICE PRODUCTS POLICE UNIFORM SUPPLIES 326.33
ANNE HERSCH LIVE SCAN REIMBURSEMENT 35.00
AT&T SERVICE TO 800 03/12/2023 0.04
AMADOR VALLEY INDUSTRIES LLC SOLID WASTE SVCS-CAMP PARKS - MARCH 2023 28,173.97 AMP PRINTING, INC. BUSINESS CARDS 75.00
54 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
AT&T SERVICE TO SR ALARM 03/12/2023 165.69
AT&T SERVICE TO PSC FIRE ALARM 03/14/2023 47.30
BAY ALARM COMPANY ALARM SERVICES - SENIOR - APRIL 2023 207.00 BAY ALARM COMPANY ALARM SERVICES - HERITAGE APRIL 2023 148.50 AT&T - CALNET 3 SHANNON CENTER ALARM 9391063350 24.49
BALJEET SINGH SANGHA HUMAN SERVICES COMMISSION 100.00
AT&T SERVICE TO FSP FAX 03/14/2023 47.30
AT&T SERVICE TO FS18 03/14/2023 70.11
BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 90.00 BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 198.00 BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 189.00 BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 500.13 BAY ALARM COMPANY ALARM SERVICES - WAVE - APRIL 2023 198.00 BAY ALARM COMPANY ALARM SERVICES - WAVE - APRIL 2023 123.20 BAY ALARM COMPANY ALARM SERVICES - SENIOR - APRIL 2023 369.30 BAY ALARM COMPANY ALARM SERVICES - FS 17 - APRIL 2023 237.75 BAY ALARM COMPANY ALARM SERVICES - SHANNON - APRIL 2023 541.86 BAY ALARM COMPANY ALARM SERVICES - CIVIC - APRIL 2023 180.00 BAY ALARM COMPANY ALARM SERVICES - FS 16 - APRIL 2023 138.00 BAY ALARM COMPANY ALARM SERVICES - CIVIC - APRIL 2023 84.00 BAY ALARM COMPANY ALARM SERVICES - SHANNON APRIL 2023 352.35 BAY ISLAND OFFICIAL ASSOC SPORTS OFFICIATING SERVICES 5,135.50 BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 409.20 BAY ALARM COMPANY ALARM SERVICES - SHANNON APRIL 2023 375.06 BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 330.00 BAY ALARM COMPANY ALARM SERVICES - HERITAGE - APRIL 2023 237.60 BKF ENGINEERS ANNUAL STREET RESURFACING PROJECT - DEC2022 64,725.00 BLUETOAD, INC. 2023 SUMMER ACTIVITY GUIDE 603.00
BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 157.64 BKF ENGINEERS ANNUAL STREET RESURFACING PROJECT - JAN 2023 2,632.00 BAY ISLAND OFFICIAL ASSOC SPORTS OFFICIATING SERVICES 6,644.00 BAY ISLAND OFFICIAL ASSOC SPORTS OFFICIATING SERVICES 1,575.00 CATHERYN M GRIER PLANNING COMMISSION 50.00
CENTRO LEGAL HUMAN SERVICE GRANT FY2022-23 1,637.88
CARBONIC SERVICE THE WAVE POOL CHEMICALS & MAINTENANCE 501.56 CARBONIC SERVICE THE WAVE POOL CHEMICALS & MAINTENANCE 514.36 BYOG SHAMROCK FUN RUN PARTICIPANT SHIRTS 17,971.52
BYOG FLEECE JACKETS - UNIFORMS 1,334.91
COLLEEN TRIBBY LOCC CONFERENCE EXPENSES 609.73
CONSOR NORTH AMERICA, INC. BRIDGE & STRUCTURE ASSET INSP 2,042.25 CODE PUBLISHING, LLC MUNI CODE UPDATES 658.00
CODE PUBLISHING, LLC MUNI CODE UPDATES 47.00
CHARGE POINT, INC. CHARGE POINT ANNUAL SERVICE AND MAINT. - FEB 2023 19,874.00 CLIFFORD S COSTELLO HUMAN SERVICES COMMISSION 100.00
DARREN PHILLIPS HERITAGE AND CULTURAL ARTS COMMISSION 100.00 DELIA AND ASSOCIATES COACHING SKILLS FOR MANAGERS 350.00 CSW/STUBER-STROEH ENGINEERING GREEN STORMWATER INFRASTRUCTURE ENG SVCS 28,709.74 DANIEL S COLLEY PCS COMMISSION 150.00
CORWOOD CAR WASH, INC. CAR WASHES 1,710.00
CPS HR CONSULTING ORGANIZING AND PRIORITIZING FOR SUCCESS 3,000.00 EAST BAY POOL SERVICE, INC. MONTHLY POOL SERVICE - MARCH 2023 7,800.00 EAST BAY POOL SERVICE, INC. POOL SUPPLIES 906.25
DUBLIN TROPHY HOUSE MEDALS, PARTICIPANT RIBBONS 727.61
DUTCHOVER & ASSOCIATES LANDSCAPE PLAN CHECK & INSPECTIONS 596.25 DIPIETRO & ASSOC. INC ANNUAL AED PROGRAM MANAGEMENT 2,079.00 DUBLIN CHEVROLET POLICE VEHICLE MAINT & REPAIRS 377.12
EDEN HOUSING INC. RESIDENTIAL RENT ASSISTANCE PROGRAM - BATCH 9 6,000.00 55 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
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4/10/2023
4/10/2023
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4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
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4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
INTERNATIONAL E-Z UP INC EZ UPS FOR SWIM MEETS 545.74
JACK LIANG JANUARY MILEAGE REIMBURSEMENT 253.03
FORD TIMING SHAMROCK 5K FUN RUN TIMING COMPANY 4,001.45 GINA MARIE GARCIA-GABRIELL HERITAGE AND CULTURAL ARTS COMMISSION 100.00 ENTERPRISE RENT A CAR EAN SERVICES, VEHICLE RENTAL FOR SPECIAL INVESTIGATIONS 962.58 JULIA H. TOMTANIA HERITAGE AND CULTURAL ARTS COMMISSION 100.00 KIMBERLY HUDSON HERITAGE AND CULTURAL ARTS COMMISSION 100.00 JIEXING MARGARET LIANG HERITAGE AND CULTURAL ARTS COMMISSION 100.00 JOSEPH THOMAS WASHINGTON II PCS COMMISSION 100.00
JACK LIANG FEBRUARY MILEAGE REIMBURSEMENT 463.41
JANINE THALBLUM PLANNING COMMISSION 50.00
LINDA SMITH BRAY - CITY OF DUBLIN LUNCH 436.56
LOGOBOSS CITY COUNCIL DUBLIN GEAR 153.83
LEWIS SOFTWARE ASSOC. LLC 941 QUARTERLY RETURNS FILING SERVICE 54.00 LINDA SMITH LOCC CITY MANAGER'S CONFERENCE TRAVEL REIMBURSEMENT 551.79 LAURA GAN PCS COMMISSION 150.00
LEHR AUTO POLICE VEHICLE MAINT & REPAIRS 398.57
MATTHEW AINI PLANNING COMMISSION 50.00
MATTHEW T GILLER PCS COMMISSION 150.00
MARIAM NOORZAD HUMAN SERVICES COMMISSION 100.00
MARISSA CLEVENGER TECHNICAL TRAINING FOR CLERKS (TTC) 114.70 LOGOBOSS LOGOBOSS VRE APPAREL/AWARDS 975.71
MARC SISTO MILEAGE REIMBURSEMENT MAR 2023 92.36
MMANC WOMEN'S LEADERSHIP SUMMIT CONFERENCE REGISTRATION 135.00 MNS ENGINEERS, INC. ENGINEERING SERVICES - INSPECTIONS - DEC 2022 17,042.71 MEYERS NAVE SCHAEFER RANCH GHAD PROFESSIONAL SVCS 369.00 MICHAEL MCCORRISTON NLC CONGRESSIONAL CITY CONFERENCE 105.48 METRO MOBILE COMMUNICATIONS COMMUNICATION EQUIPMENT AND INSTALL (2) MOTORCYCLE 11,458.27 METRO SECURITY SERVICES THE WAVE SECURITY SERVICES - MARCH 2023 9,920.00 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CIVIC MARCH 2023 94.93 PRUDENTIAL OVERALL SUPPLY MAT SERVICES WAVE MARCH 2023 58.63 NICHOLAS OCHOA PLANNING COMMISSION 50.00
PRUDENTIAL OVERALL SUPPLY MAT SERVICES - PSC - MARCH 2023 50.59 MNS ENGINEERS, INC. ENGINEERING SERVICES - INSPECTIONS - JAN 2023 16,444.01 MNS ENGINEERS, INC. ENGINEERING SERVICES - INSPECTIONS FEB 2023 14,168.97 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON - APRIL 2023 85.98 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - PSC - APRIL 2023 50.59 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CORP YARD - MARCH 2023 49.97 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON - MARCH 2023 70.40 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON - MARCH 2023 85.98 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SENIOR - MARCH 2023 91.75 QUADIENT, INC. DEPT 3689 NEOPOST MAIL MACHINE LEASE APRIL 2023 99.06 QUENCH USA, INC. WATER FILTER SYSTEM FOR ALL FACILITIES -APRIL 2023 835.44 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SENIOR - APRIL 2023 91.75 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CORP - APRIL 2023 49.97 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CIVIC - APRIL 2023 94.93 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - WAVE - APRIL 2023 58.63 RICHARD THORNBURY PCS COMMISSION 150.00
ROSE HUNT HUMAN SERVICES COMMISSION 100.00
REGIS HARVEY HUMAN SERVICES COMMISSION 100.00
RENATA FLECCHIA TYLER PLANNING COMMISSION 50.00
QUENCH USA, INC. WATER FILTER SYSTEM FOR ALL FACILITIES APRIL 2023 603.93 RAJBIIR SINGH RR PIZZA INC OFF SEASON BIRTHDAY PARTY PIZZAS (JAN-FEB 2023) 1,138.93 SCA OF CA LLC STREET SWEEPING SERVICES - JAN 2023 22,180.21 SHWETA AGRAWAL HERITAGE AND CULTURAL ARTS COMMISSION 100.00 RRM DESIGN GROUP, A CA CORP LANDSCAPE PLAN CHECK/INSPECTIONS 2,081.25 S & S WORLDWIDE INC SUMMER CAMP CRAFT SUPPLIES 3,385.30 56 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/10/2023
4/11/2023
4/11/2023
4/14/2023
4/14/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
SIERRA DISPLAY, INC. CITY BANNER PROGRAM 2,730.00
SIMPLER SYSTEMS, INC SIMPLER SOFTWARE LICENSING SUPPORT MAR 2023 1,500.00 SYED SAMEER SHABIR HAKIM PCS COMMISSION 150.00
THE CONSTRUCTION ZONE, LLC RETIREE STREET SIGNATE 49.61 STEPHEN WRIGHT PLANNING COMMISSION 50.00
STONERIDGE CHRYSLER JEEP DODGE POLICE VEHICLE MAINTENANCE & REPAIR 145.44 SIYU HENNINGSEN HUMAN SERVICES COMMISSION 100.00
SPEEDO CHECK POLICE VEHICLE MAINTENANCE & REPAIR 935.00 TRI-VALLEY JANITORIAL INC. JANITORIAL SUPPLIES & SVCS - CAMP PARKS MARCH 2023 31,135.24 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES - SERVICE MARCH 2023 22,217.83 TREASURER ALAMEDA COUNTY PARKING CITATIONS COLLECTED 1,026.00 TREASURER ALAMEDA COUNTY GENERAL FUEL PW & PD - FEB 2023 15,835.17 TIMEA IHAROSI HERITAGE AND CULTURAL ARTS COMMISSION 100.00 TREASURER ALAMEDA COUNTY PARKING CITATIONS COLLECTED 1,705.00 UNIVERSAL BUILDING SERVICES & SUPPLY CAR PET & WINDOW CLEANING SERV SHANNON MAR 2023 1,211.55 UNIVERSAL BUILDING SERVICES & SUPPLY CARPET & WINDOW CLEANING SERV WAVE MAR 2023 591.98 UNIVERSAL BUILDING SERVICES & SUPPLY CARPET & WINDOW CLEANING SERV. LIBRARY - MAR 2023 254.62 UNIVERSAL BUILDING SERVICES & SUPPLY CARPET & WINDOW CLEANING SERV. SENIOR MARC 2023 700.19 ULINE, INC. THE WAVE TRASH CAN LINERS 993.55
UNIVERSAL BUILDING SERVICES & SUPPLY CARPET & WINDOW CLEANING SERV. CIVIC - MAR 2023 600.47 WAHIDA I. RASHID PLANNING COMMISSION 50.00
YAMAHA GOLF CARTS OF CALIF INC CITY EVENT ST PATS GOLF CART RENTAL 4,628.30 URBAN FIELD STUDIO OAKLAND DOWNTOWN ARCHITECTURAL DESIGN SERVICES 2,447.50 URBAN FIELD STUDIO OAKLAND DOWNTOWN ARCHITECTURAL DESIGN SERVICES 7,241.74 UNIVERSAL BUILDING SERVICES & SUPPLY CARPET & WINDOW CLEANING SERV CIVIC MAR 2023 212.18 UNIVERSAL BUILDING SERVICES & SUPPLY CARPET & WINDOW CLEANING SERV WAVE MAR 2023 954.81 Payments Issued 4/11/2023 Total: 16,164.48
DELTA DENTAL OF CALIFORNIA DELTA DENTAL PREMIUM - MARCH 2023 14,149.39 VISION SERVICE PLAN - (CA) VISION INSURANCE PREMIUM - MARCH 2023 2,015.09 Payments Issued 4/10/2023 Total: 425,420.24
A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 281.60
ADAMSON POLICE PRODUCTS BOEGALS OUTER CARRIER 331.72
Payments Issued 4/14/2023 Total: 159,552.03
CAL PERS PERS RETIREMENT PLAN: PE 4/7/23 86,698.36
INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 4/7/23 72,853.67 AMY'S ENGRAVED SIGNS & AWARDS NAME PLATE 115.07
AMY'S ENGRAVED SIGNS & AWARDS NAME PLATE FOR HUMAN SERVICE COMMISSION 53.01 AMERICAN ASPHALT REPAIR & ST0117 2021 SLURRY SEAL RETENTION RELEASE PAYMENT 61,916.19 AMY L. JONES REC CLASS INSTRUCTOR 160.80
ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(ST PATS) RADIO ADVERTISEMENT 2,850.00 AKSHAY ARORA ARORA TENNIS & FITNESS REC CLASS INST RUCTOR 25,292.85 AT&T SERVICE TO CIVIC FIRE ALARM 04/01/2023 47.30
AT&T SERVICE TO PSC 04/01/2023 92.92
ANGEL HOUZE CLAY ART C/O JULIE P. REC CLASS INST RUCTOR 144.00 ANTHONY CALVO MARCH MILEAGE REIMBURSEMENT 123.01
AMY'S ENGRAVED SIGNS & AWARDS NAME PLATE FOR PCS COMMISSION 46.95 ANGEL HOUZE CLAY ART C/O JULIE P. REC CLASS INST RUCTOR 108.00 AT&T SERVICE TO FS2-3 03/26/2023 319.78
AT&T SERVICE TO SHANNON FAX 03/27/2023 24.49
AT&T SERVICE TO LIBRARY 911 03/14/2023 24.49
AT&T SERVICE TO PSC POLICE 03/14/2023 24.49
AT&T SERVICE TO SHANNON 03/12/2023 206.99
AT&T SERVICE TO CIVIC 03/12/2023 100.43
AT&T SERVICE TO FS16 03/27/2023 47.30
57 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
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4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
AVANTPAGE INC TRANSLATION, EDITING & PROOFREADING SERVICES 285.12 BAY ALARM COMPANY ALARM SERVICES WAVE SNACK BAR MAY 2023 11.00 AT&T CLARK AVE 03/27/2023 24.49
AT&T - CALNET 3 HERITAGE 9391018979 24.49
AT&T SERVICE TO CIVIC 03/27/2023 24.49
CARBONIC SERVICE THE WAVE POOL CHEMICALS & MAINTENANCE 422.20 CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES FEBRUARY 2023 13,459.60 BRINKS, INC. ARMORED CAR SERVICE 277.28
BYOG REC STAFF UNIFORMS & PROGRAM SHIRTS 3,268.48
BAY AREA NEWS GROUP EAST BAY LEGAL NOTICES MA RCH 2023 487.78 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 139.01 CITY OF PLEASANTON SECTION 108 CDBG INTEREST PAYMENT FEB 2022 1,989.51 CIVICA LAW GROUP APC SPECIAL COUNSEL LEGAL SERVICES 3,654.00 CINTAS CORPORATION NO.2 FIRST AID RESTOCK 153.05
CHRISTINE PETIT REC CLASS INSTRUCTOR 888.00
CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES MAR 2023 13,499.39 CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES - JAN 2023 13,461.07 DANIELLE STONE CALIFORNIA ASSOCIATION FOR PROPERTY AND EVIDENCE 621.94 DEPT OF INDUSTRIAL RELATIONS E 1954244 OA - ELEVATOR INSPECTION - MARCH 2023 225.00 CPS HR CONSULTING ONLINE EXAM TESTING FOR ADMIN AIDE-DPS RECRUITMENT 1,220.00 CPS HR CONSULTING MANAGEMENT ANALYST II RECRUITMENT TEST 501.25 CPS HR CONSULTING ONLINE EXAM TESTING FOR HR ADMIN TECH RECRUITMENT 1,070.00 CPS HR CONSULTING ONLINE EXAM TESTING FOR SOA-PCS 1,385.00 EAST BAY POOL SERVICE, INC. MONTHLY POOL SERVICE - INDOOR POOL VALVES 1,782.04 ELIZABETH ELLIOTT MARCH MILEAGE REIMBURSEMENT 23.32
DUBLIN HIGH SCHOOL ELECTRIC SCOOTER PSA 1,000.00
DYLAN OLINGHOUSE-CHIANG MARCH MILEAGE REIMBURSEMENT 20.64 DEPT OF INDUSTRIAL RELATIONS CA DEPT INDUST RELATIONS ELEVATOR INSPECT. MAR 2023 225.00 DUBLIN CHEVROLET POLICE VEHICLE MAINT & REPAIRS 139.35
EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 1,050.00 EVERYTHING GROWS INTERIOR 49439 INTERIOR PLANT CARE & MAINT. - APRIL 2023 212.69 ENGEO INC SCHAEFER RANCH GHAD PROF SERVICES 3/1-3/31/23 9,822.24 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 278.61 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 4/7/23 22,667.34 ENGEO INC FALLON VILLAGE GHAD PROF SERVICES 3/1-3/31/23 8,131.29 JEAN JOSEY 2023 NLC CONFERENCE EXPENSE REIMBURSEMENT 449.62 JENNIFER JOHNSON MARCH MILEAGE REIMBURSEMENT 13.36
I C M A 457 PLAN DEFERRED COMP 457: PE 4/7/23 29,431.31 JASON EARL TRAVEL EXPENSES - HOUSING CONFERENCE 97.25
HEALTHEQUITY, INC. HEALTHEQUITY: PE 4/7/23 3,292.12
I C M A 401 PLAN DEFERRED COMP 401A: PE 4/7/23 1,328.03 LSA ASSOCIATES INC. CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2 3,247.50 LSA ASSOCIATES INC. CEQA DOC PREP-BRANAUGH PROP STAGE 2 DEV 1,442.11 LEHR AUTO POLICE VEHICLE MAINT & REPAIRS 127.97
LSA ASSOCIATES INC. CEQA DOC PREP-BRANAUGH PROP STAGE 2 DEV 787.50 KIM BONATO MARCH MILEAGE REIMBURSEMENT 31.90
LEHR AUTO EMERGENCY EQUIPMENT & INSTALL FOR 23D44 2023 CHEVY 7,844.38 MNS ENGINEERS, INC. FALLON SPORTS PARK PH3 PW INSPECTIONS JAN2023 638.60 NICHOLAS OCHOA TRAVEL EXPENSES PLANNING COMMISSIONERS ACADEMY 197.21 MGT OF AMERICA CONSULTING, LLC 50% OF SB 90 CLAIMING: CLAIM PREPARATION AND SUB. 1,350.00 MNS ENGINEERS, INC. INSP/CONSTR MGMT21' SLURY SEALDUBLINBLVD PAVEFEB23 2,004.81 MACLEOD WATTS INC. PENSION CONTRIBUTION SPLITS REPORT FOR DOUGHERTY 3,300.00 MARK THOMAS & COMPANY, INC. IRON HORSE TRAIL CROSSING DESIGN SVCS -FEB2023 1,358.73 NORMAN VALES MILEAGE REIMBURSEMENT JAN 2023 52.20
NORMAN VALES MILEAGE REIMBURSEMENT FEBRUARY 2023 9.04
NICHOLS CONSULTING ENGINEERS DESIGN SVCS-IRON HORSE NATURE PARK 72,019.04 NICOLE WANZENRIED MARCH MILEAGE REIMBURSEMENT 65.24
58 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/17/2023
4/18/2023
NORMAN VALES 30.26
NORM'S TOWING SERVICE, LLC 300.00
PAKPOUR CONSULTING GROUP, INC. 6,946.75
PAUSE FOR CHANGE, LLC 85.00
PAKPOUR CONSULTING GROUP, INC. 12,958.50
PAKPOUR CONSULTING GROUP, INC. 9,421.00
ONE WORKPLACE L. FERRARI LLC 1,139.82
ONE WORKPLACE L. FERRARI LLC 1,314.22
PG&E 2,236.50
PG&E 77.70
PG&E 3,059.85
PG&E 2,737.83
PG&E 16,639.00
PG&E 779.83
PG&E 72.27
PG&E 80.99
PG&E 321.26
PG&E 9,033.47
PG&E 162.17
PG&E 58.95
PG&E 120.35
PG&E 107.14
PG&E 10,908.61
PG&E 8,954.96
PG&E 175.50
PG&E 101.21
PG&E 305.77
PG&E 4,627.39
PG&E 15,799.07
PG&E 2,768.95
PG&E 75.17
PG&E 10.70
RAYNE OF SAN JOSE 194.35
RAYNE OF SAN JOSE 247.00
PRUDENTIAL OVERALL SUPPLY 70.40
RAYDIANT INC. 597.00
PG&E 2,290.12
PGADESIGN INC. 3,329.37
SQUAD ESTATES SKYHAWKS TRI VALLEY REC CLASS INST RUCTOR 2,682.00 SNG & ASSOCIATES INC. 204.00
SANDRA CAIRES 25.19
SLIDE GUYS RESTORATION, INC. 75,175.00
RAYNE OF SAN JOSE 225.40
S & J ADVERTISING INC
MILEAGE REIMBURSEMENT MARCH 2023
SEARCH WARRANT
OFFICE FURNITURE
OFFICE FURNITURE
CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 JAN2023
CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 FEB2023
FIBER NETWORK RESEARCH PROJECT
DISASTER PREPAREDNESS SUPPLIES
LS2-A EAST DUBLIN 03/16/23
GNR1 SERVICE TO SHANNON CENTER 03/30/23
B6 SERVICE TO FSP 03/07/23
IRRIGATION VARIOUS 03/08/23
B10S SERVICE TO EGP 03/13/23
B1 SERVICE TO PASSATEMPO 03/26/2023
B1 SERVICE TO SEAN DIAMOND 03/28/23
B6 SERVICE TO BRAY CMMN 03/13/23
B1 SERVICE TO ART LIGHTING AVB 03/26/23
SERVICE TO PSC 03/15/23
TC1 SERVICE TO FALLON 03/27/23
TC1 SERVICE TO FALLON 03/27/23
TC1 SERVICE TO 6795 DOUGHERTY 04/03/23
TC1 SERVICE TO TASSAJARA 03/10/2023
TC1 SERVICE TO VARIOUS 01/07/23
TC1 SERVICE TO VARIOUS 02/06/23
TC1 SERVICE TO FALLON 03/14/23
TC1 SERVICE TO DB 03/14/23
LS2-A SERVICE TO 03/16/23
LS2-A SERVICE TO CENTRAL 03/16/23
LS2-A SERVICE TO EAST DUBLIN 03/16/23
A! GNR1 SERVICE TO SR CTR 03/13/23
LS2-A SERVICE TO AVELLINA 03/14/23
SERVICE TO PSC 03/15/23
A6 GNR1 SERVICE TO FS18 03/13/2023
HERITAGE PARK IMPRV DESIGN SERVICES SEPT 2022
MAT SERVICES - SHANNON - APRIL 2023
CONCESSIONS MENU APP
WATER SOFTENER SERVICES - FS 18 - APRIL 2023
WATER SOFTENER SERVICES - FS 17 - APRIL 2023
WATER SOFTENER SERVICES - FS 16 - MARCH 2023
WAVE ADVERTISING MAY & JUNE 2023
REIMBURSE FOR SUPPLIES
SPRING 2023 SLIDE MAINTENANCE SERVICE 3/30-4/3
CIP BUILDING DEPT. PLAN REVIEWS - D EC 2022
2,850.00
VALERIE DEAM MC GRATH IRISH DANCERS REC CLASS INST RUCTOR 3,024.00 UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - MARCH 2023 10,840.30 US BANK - PARS PARS: PE 4/7/23 2,237.26
SWA GROUP JORDAN RANCH NEIGHBORHOOD SQ DESIGN JAN 2023 20,654.04 T-MOBILE USA, INC. PIO & PW CELL PHONE SERVICES THRU 3/20/23 141.77 STANFORD HEALTH -VALLEYCARE PPD SKIN TESTS FOR SEASONAL SUMMER HIRING 1,236.00 Payments Issued 4/17/2023 Total: 574,069.04
ZARIAN PETITHOMME MARCH MILEAGE REIMBURSEMENT 14.87
WEE HOOP, INC. REC CLASS INSTRUCTOR 592.80
VIDYA GIRISH REC CLASS INSTRUCTOR 294.00
WC3-WEST COAST CODE CONSULTANT EPROCESS360 SUBSCRIPTION FEE - MAR 2023 11,890.00 CALPERS REPLACEMENT BENEFIT PLAN - APRIL INVOICE 11,776.23 59 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.01
A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 101.20
A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.01
Payments Issued 4/18/2023 Total: 11,776.23
ABOVE AND BEYOND LEADERSHIP AND VOLUNTEER RECOGNITION AWARDEE - ORG OF THE YEAR 500.00 AKSHAY ARORA ARORA TENNIS & FITNESS TENNIS & FITNESS SERVICES 7,453.20 17,232.36
56.87 159,600.00
2,621.00
358.41
1,852.47
504.00
390.00
297.00
2,410.47
4,927.03
804.81
825.00
63.23 142.81
393.60
1,332.00
1,930.50
455.48
7,250.00
1,675.00
9,337.10
150.00
800.00
4,400.00
6,205.27
4,114.29
81.00 5,015.00
9,871.25
456.02
172.89
2,576.07
500.00
1,200.00
362.50
531,216.25
1,200.00
15,652.50
850.00
MICHAEL BAKER INT'L, INC. CONSULTING SVCS-AFFORDABLE RENTAL HOUSING 12,067.00 MIDPOINT INTERNATIONAL THREE STREAM PUBLIC LITTER RECEPTACLES 43,745.00 2,644.00
LEAGUE OF CALIFORNIA CITIES EAST BAY MAYOR HERNANDEZ EAST BAY DIVISION MEETING 50.00 500.00
ALAMEDA COUNTY LIBRARY
ALL CITY MANAGEMENT SVCS INC
AT&T - CALNET 3
BAY ALARM COMPANY
BAY ALARM COMPANY
BAY ALARM COMPANY
BAY ISLAND OFFICIAL ASSOC
BAY ISLAND OFFICIAL ASSOC
BIG O'TIRES #7
BIG O'TIRES #7
BIG O'TIRES #7
BYOG
CALEHS
CALICO CENTER
CALICO CENTER
CALIFORNIA BUILDING STANDARDS
CARBONIC SERVICE
CASTRO VALLEY PERFORMING ARTS
CHRISTINE PETIT
CIVICA LAW GROUP APC
CIVICWELL
CLIFF DRYER
COMMUNITY RESOURCES FOR
CORODATA SHREDDING, INC.
CROSSROADS SOFTWARE, INC.
DEPT OF CONSERVATION DIV OF ADMIN
DIV OF THE STATE ARCHITECT
DUBLIN CHAMBER OF COMMERCE
EAST BAY POOL SERVICE, INC.
EKATERINA BAZLAKOVA
ELITE AUTO GLASS INC
EUROPEAN MOBILE WERKS
FAIRWAY FAMILY
GAL-STAGE
GHILOTTI BROS, INC.
GLOBAL MUSIC RIGHTS, LLC
GOODFELLOW SEQUOIA AJV
ICMA
ICMA
INTEGRA PLANNING & LANDSCAPE
INTERWEST CONSULTING GROUP INC
IRON MOUNTAIN
KIMLEY-HORN AND ASSOC. INC.
DUBLIN LIBRARY SERVICES QTR4: JAN 2023-MAR 2023
SCHOOL CROSSING GUARD SVCS
HERITAGE CENTER BACKUP
ALARM SERVICES - CIVIC - APRIL 2023
ALARM SERVICES - CORP YARD - APRIL 2023
ALARM SERVICES - WAVE - APRIL 2023
SPORTS OFFICIATING SERVICES
SPORTS OFFICIATING SERVICES
POLICE VEHICLE MAINT & TIRE INSTALLATION
POLICE VEHICLE MAINT & TIRE INSTALLATION
POLICE VEHICLE MAINT & TIRE INSTALLATION
REC STAFF UNIFORMS & PROGRAM SHIRTS
DESIGNATED UST OPERATOR INSP. SVCS - APRIL 2023
HUMAN SERVICE GRANT FY2022-23 JAN1-MAR30
HUMAN SERVICE GRANT FY2022-23 OCT1-DEC31
GREEN BUILDING FEES JAN-MAR 2023
THE WAVE P OOL CHEMICALS & MAINTENANCE
DANCE LESSONS INSTRUCTION
AQUA AEROBICS FITNESS INSTRUCT
SPECIAL COUNSEL LEGAL SERVICES
CLIMATE ACTION PLAN SUPPORT
HERITAGE PARK PUBLIC ART PROJECT - TREE MILLING
HUMAN SERVICE GRANT FY2022-23
SHRED BIN PICKUP MARCH, 2023
CROSSROADS ANNUAL SUBSCRIPTION
SEISMIC HAZARD MAPPING FEE JAN-MAR 2023
DIV OF THE STATE ARCHITECT CASP FEES
STATE OF THE CITY TABLE 2023
MONTHLY POOL SERVICE - OUTDOOR POOL VALVES
LITTLE LIBRARIES ARTWORK
WINDSHIELD REPAIR
POLICE VEHICLE MAINTENANCE
RESIDENTIAL RENT ASSISTANCE PROGRAM
OUTDOOR OPERATIONS GRANT PROGRAM
REIMBURSEMENT DUBLIN BLVD PAVEMENT REHAB PROJECT
MUSIC LICENSING
IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD PROJ
ICMA ANNUAL MEMBERSHIP RENEWAL - TRIBBY
ICMA ANNUAL MEMBERSHIP RENEWAL-SMITH
ENGINEERING PLAN REVIEW SER VICES MAR 2023
PLAN REVIEW S ERVICES - MAR 2023
POLICE RECORDS STORAGE
ENGINEERING SERVICES - FEB 2023
372.67
PG&E B10S SERVICE TO CIVIC CENTER 3/15/23 9,012.60
PG&E B1 SERVICE TO CORP YARD 3/30/23 1,765.48
MOST DEPENDABLE FOUNTAINS, INC. WATER BOTTLE FILLERS 18,860.94 NEW DIRECTIONS SIGN SERVICE CASH COMPLETION BONDS REFUND 2,000.00 60 City of Dublin
Payment Issuance Report
Print Date: 5/1/2023
Payments Dated 4/1/2023 through 4/30/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/24/2023
4/27/2023
4/27/2023
4/27/2023
4/28/2023
4/28/2023
Total Number of Pa
yments Issued:
ROSEMARY BALDANZI FLYER DISTRIBUTION FOR ST. PATS 31.83 Payments Issued 4/27/2023 Total: 46,825.57
ROSEMARY ALEX TRAVEL REIMBURSEMENT - MA RCH 2023 296.07 DSRSD SERVICE TO 3/31/2023 46,497.67
PG&E B6 SERVICE TO SCH RNCH PARK 3/29/23 180.96
PG&E B1 SERVICE TO POSITANO IRRIG 3/30/23 76.87
PG&E A6 SERVICE TO FS16 03/13/23 1,082.48
PG&E B1 SERVICE TO HPM 3/29/23 679.20
PG&E LS2-A SERVICE TO AVB 3/31/23 1,389.82
PG&E B1 SERVICE TO HCP 3/29/23 3,011.89
PG&E TC1 SERVICE TO AVB 3/29/23 67.14
PG&E TC1 SERVICE TO POSITANO 3/31/23 302.25
PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SENIOR - APRIL 2023 91.75 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CIVIC - APRIL 2023 94.93 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - WAVE - APRIL 2023 58.63 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - PSC - APRIL 2023 50.59 PIERRE GALANG DJ/MC SERVICES AT DUBLIN PRIDE EVENT 650.00 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON - APRIL 2023 85.98 RRM DESIGN GROUP, A CA CORP ENGI NEERING SVCS-PLAN REVIEW NOV 2022 462.50 RRM DESIGN GROUP, A CA CORP ENGI NEERING SVCS-PLAN REVIEW FEB 2023 185.00 RACE TO ZERO WASTE WASTE SORTING SVCS FOR ST. PAT'S FESTIVAL 8,021.25 REDWOOD TOXICOLOGY LAB. INC. TOXICOLOGY SERVICES 639.54 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CORP YARD - APRIL 2023 49.97 QUADIENT FINANCE USA, INC. POSTAGE 192.74
SELECT IMAGING DOOR HANG - BUILDING PERMIT STATUS 324.37 SELECT IMAGING DOOR HANG - CODE ENFORCEMENT COURTESY NOTICE 700.96 SCA OF CA LLC STREET SWEEPING SERVICES - MARCH 2023 22,180.21 SCA OF CA LLC STREET SWEEPING SERVICES ST PATS MARCH 2023 885.85 SALESFORCE.COM, INC. SALESFORCE CLOUD BASED PLATFORM FOR HOMEKEEPER 5,058.00 SCA OF CA LLC STREET SWEEPING SERVICES - FEB 2023 22,180.21 SWINERTON MANAGEMENT AND PLAN/CONSTR REVIEW CULTURAL ARTS CENTER MAR 2023 60,210.00 TRB AND ASSOCIATES, INC. PLAN REVIEW AND INSPECTION SERVICES MAR 2023 47,690.00 STORM WATER INSPECTION & FULL TRASH CAPTURE MAINTENANCE 14,995.00 STORM WATER INSPECTION & FULL TRASH CAPTURE MAINTENANCE 365.00 SHAMROCK OFFICE SOLUTIONS, LLC FILE PRINTER CARTRIDGES 15.00 SHUMS CODA ASSOCIATES INC PLAN REVIEW SERVICES - MAR 2023 810.00 WESTEK SYSTEMS INC. AMAG SOFTWARE MAINT & SUPPORT 1,200.00 YB ANALYTICS TECHNOLOGIES VER ORGANIZATION OF THE YEAR RUNNER UP 200.00 TRI-VALLEY JANITORIAL INC. JANITORIAL SERVICES - EXTRA SERVICES - MARCH 2023 5,587.34 ULINE, INC. 32" TRASH PICKER 3,087.82
TRI-VALLEY JANITORIAL INC. JANITOR SERV. -ST. PATS CIVIC LIBRARY - MARCH 2023 3,024.00 TRI-VALLEY JANITORIAL INC. JANITORIAL SUPPLIES - ST. PATS CIVIC - MARCH 2023 1,091.10 Grand Total for Payments Dated 4/1/2023 through 4/30/2023: 4,014,851.18 309
Payments Issued 4/28/2023 Total: 68,547.94
INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: APRIL COUNCILMEMBERS 325.94 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 4/21/23 68,222.00 Payments Issued 4/24/2023 Total: 1,105,456.64
61 STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Adoption of an Appropriations Limit for Fiscal Year 2023-24 Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:
The City Council will consider adoption of the annual Appropriations Limit in accordance with State law. The City of Dublin’s Limit for Fiscal Year 2023-24 is $468,263,521, which exceeds the City’s related appropriations by $375,464,050.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting an Appropriations Limit for Fiscal Year 2023-24.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Each year, the City Council is required by State law to adopt an Appropriations Limit, also known as the Gann Limit or Proposition 4 Limit, in conjunction with the annual budget process. The Limit is calculated by multiplying the adopted Limit for the prior year by factors reflecting economic changes over the prior year.
The laws regulating the application of the Limit forbid an agency from appropriating specific funds that would exceed the Limit. The restriction applies to appropriating monies categorized as “Proceeds of Taxes.” The Limit carries forward each year and is subject to an adjustment in accordance with a specified formula that includes the following factors (the City has the discretion to choose one factor from each category below):
1. Change in the City population or change in Alameda County population.
2. Change in State per capita personal income or change in the “Non-residential New Construction.”
62
Fiscal Year 2023-24 Proposed Appropriations Limit
Staff has prepared the calculations necessary to adopt the Limit for Fiscal Year 2023-24 in accordance with State law and with the Uniform Guidelines of the League of California Cities. The discretionary factors selected in calculating the 2023-24 Limit are: (1) Change in the City population; and (2) Change in State per capita income.
The new Fiscal Year 2023-24 Appropriations Limit as calculated and attached to the Resolution is $468,263,521, based upon an increased adjustment factor of 1.0404 applied to the Fiscal Year 2022-23 Limit. The Proposed Fiscal Year 2023-24 Budget includes appropriations subject to the Limit totaling $92,799,471 that would be categorized as “Proceeds of Taxes”. Therefore, the appropriations subject to the Appropriations Limit are below the allowed amount by $375,464,050.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was posted on May 1, 2023 stating that the factors used in calculating the Appropriations Limit were available for public review. The notice was also displayed on the City website and the information is contained in the Proposed Budget for Fiscal Year 2023-24. The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Adopting an Appropriations Limit for Fiscal Year 2023-24 2) Exhibit A to the Resolution – Calculation of Fiscal Year 2023-24 Appropriations Limit 3) Fiscal Year 2023-24 Appropriations Limit
63 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. xx-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24 WHEREAS, State law requires that an Appropriations Limit be adopted by the City Council in conjunction with the Annual Budget process; and
WHEREAS, Article XIII B of the California Constitution places certain restrictions on appropriations made by cities; and
WHEREAS, the restrictions are applicable to appropriations, which meet the definition of a "Proceeds of Taxes"; and
WHEREAS, the law allows the option to select the factors to be used in the calculation of the Appropriations Limit; and
WHEREAS, for one of the adjustment factors the City must select between: (A) the change in City population, or (B) Countywide population, and the City has selected the change in City population; and
WHEREAS, for the second adjustment factor the City must select between: (1) the change in the State per capita income, or, (2) the change in the assessed valuation of local non-residential construction, and the City has selected the change in the State per capita income; and WHEREAS, the calculation of the Appropriations Limit for Fiscal Year 2023-24 is described in Exhibit A, attached hereto and by reference made a part hereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Fiscal Year 2023-24 City of Dublin Appropriations Limit as $468,263,521.
BE IT FURTHER RESOLVED that the limit has been calculated in accordance with State Law and is shown in Exhibit A, attached hereto.
PASSED, APPROVED AND ADOPTED this 16th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
________________________________
Mayor
_____________________________
City Clerk
64 Attachment 2
EXHIBIT A
CALCULATION OF FISCAL YEAR 2023-24 APPROPRIATIONS LIMIT (Based on Fiscal Year 2022-23 Limit)
A. Selection of Optional Factors
1. Change in population – City vs. County.
Factors 1/1/2023 1/1/2022 % Increase
a. City of Dublin 70,879 71,148 -0.38%
b. County of Alameda 1,633,886 1,641,554 -0.47%
The City selected Factor 1a. City of Dublin population change -0.38%
2. Change in State per capita personal income vs. City non-residential building construction.
Factors % Change
a. Change in State per capita personal income 4.44%
b. Change in non-residential assessed valuation 0.98%
The City selected Factor 2a. Change in State per capita personal income 4.44%.
B. Fiscal Year 2023-24 Growth Adjustment Factor
Calculation of factor for Fiscal Year 2023-24 = X*Y = 0.9962*1.0444 = 1.0404 X = Selected Factor #1 + 100 = -0.38+100 = 0.9962
100 100
Y = Selected Factor #2 + 100 = 4.44 +100 = 1.0444
100 100
C. Calculation of Appropriations Limit
Fiscal Year 2022-23 Appropriations Limit $450,080,278
Fiscal Year 2023-24 Adjustment Factor x 1.0404 Fiscal Year 2023-24 Appropriations Limit $468,263,521
65 Attachment 3
Fiscal Year 2023-24 Appropriations Limit
(Based on Fiscal Year 2022-23 Limit Adopted by City Council Resolution No. 57-22)
The Gann Limit, or Proposition 4 Limit, was a 1979 amendment to the California constitution sponsored by political activist Paul Gann in 1979 on the heels of his property tax -reducing Proposition 13 initiative passed the prior year. The Gann Limit was desi gned to regulate state and local spending by linking the rate of appropriation growth to a statewide index.
In accordance with Chapter 1025 of the statutes of 1987, as amended, each government entity is required to include the Appropriations Limit in the annual budget. The City of Dublin has calculated a Fiscal Year 2023-24 limit in accordance with Article XIII B of the California Constitution and the recognized methodology for calculating adjustments. The details of this calculation are shown on the following page.
The Appropriations Limit does not apply to all funds appropriated by the City Council. State law limits only the appropriations that are funded by “proceeds of taxes,” which are narrowly defined.
The law also establishes a formula to be used to calculate annual adjustments to the limit using a combination of two factors selected by the agency.
The first factor is based on changes in population. Agencies may either select the change in the city population or the change in county population. For Fiscal Year 2023 -24 the City of Dublin population change is a decrease of 0.38% which is smaller than the Alameda County population decrease of 0.47% (based on the Price and Population Information provided by the California Department of Finance). Therefore, the adjustment calculation uses the City of Dublin population change.
The second factor allows the City to use either 1) the increase in the State p er capita personal Income, or 2) the change in local assessed valuation based on changes in the “Non- residential New Construction.” The change in the p er capita personal income as provided by the Department of Finance is 4.44%. The change in the assessed valuation compares the total change in assessed valuation to the amount related strictly to non-residential improvements, in April 2023, the Alameda County Assessor provided data related to F iscal Year 2022-23 changes in assessed valuation attributable to Non-residential New Construction, The amount of the increase was $11,925,000 , or
0.98%. Therefore, the City of Dublin elected to use the change in the State per capita personal Income.
The two factors discuss ed above are combined to arrive at a growth rate for appropriations, which is then applied to the prior year to arrive at a limit for the new budget year. The City of Dublin’s Fiscal Year 2023 -24 Appropriations Limit is $468,263,521, as shown on the following page, while the Fiscal Year 2023-24 Budget contains appropriations of $92,799,471 that would be categorized as funded by proceeds of taxes. Therefore, the City’s appropriations subject to the Gann Limit are $375,464,050 below the allowed amount calculated for Fiscal Year 2023-24.
66 CALCULATION OF FISCAL YEAR 2023-24 APPROPRIATIONS LIMIT (Based on Fiscal Year 2022-23 Limit)
A. Selection of Optional Factors
1. Change in population – City vs. County.
Factors 1/1/2023 1/1/2022 % Increase
a. City of Dublin 70,879 71,148 -0.38%
b. County of Alameda 1,633,886 1,641,554 -0.47%
The City selected Factor 1a. City of Dublin population change -0.38%
2. Change in State per capita personal income vs. City non- residential building construction.
Factors % Change
a. Change in State per capita personal income 4.44%
b. Change in non-residential assessed valuation 0.98%
The City selected Factor 2a. Change in State per capita personal income
4.44%.
B. Fiscal Year 2023-24 Growth Adjustment Factor
Calculation of factor for Fiscal Year 2023-24 = X*Y = 0.9962*1.0444 = 1.0404
X = Selected Factor #1 + 100 = -0.38+100 = 0.9962
100 100
Y = Selected Factor #2 + 100 = 4.44+100 = 1.0444
100 100
C. Calculation of Appropriations Limit
Fiscal Year 2022-23 Appropriations Limit $450,080,278
Fiscal Year 2023-24 Adjustment Factor x 1.0404 Fiscal Year 2023-24 Appropriations Limit $468,263,521
67 STAFF REPORT
CITY COUNCIL
Agenda Item 4.6
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2023
Prepared by: Chris Rhoades, Financial Analyst
EXECUTIVE SUMMARY:
The City Council will receive an informational report of the City’s investments through the quarter ending March 31, 2023 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $388,037,166 (market value) with an average market yield of 4.39%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months.
STAFF RECOMMENDATION:
Receive the City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2023.
FINANCIAL IMPACT:
There is no financial impact resulting from this report. Investments are made in accordance with the City Investment Policy and State Law. Interest earned is apportioned between funds (i.e., General Fund, Gas Tax Fund, etc.) based upon their proportionate share of the total cash balance.
Based on the financial needs of the City including the timing of revenues and expenditures, the quarterly cash balance can vary from quarter to quarter.
DESCRIPTION:
The total investment portfolio (market value) consists of $281,327,249 managed by Chandler Asset Management (Chandler), and $106,709,917 invested by the City in local government pools, the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP).
The average market yield of the Chandler portfolio and the local pools was 4.37% and 4.42% respectively.
68
The total investment portfolio balance fluctuates throughout the year due to normal cash flow needs and includes both discretionary and restricted funds.
Economic Update Highlights
The following are some highlights from the Economic Update included in the Investment Report prepared by Chandler (Attachment 1).
Economic trends have been decelerating along with tighter financial conditions and restrictive monetary policy. Recent data suggests positive but below-trend growth this year. Although the pace of job growth is slowing, labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Market participants and the Federal Reserve are maintaining very divergent views regarding the future trajectory of monetary policy. Given the cumulative effects of tighter monetary policy and stress in the banking sector, Chandler believes the Federal Reserve is likely near a pause in their rate hiking campaign. If moderate growth continues, Chandler believes the Fed will likely maintain the Federal Funds rate in restrictive territory until inflationary pressures subside.
City of Dublin Portfolio
The City's aggregate portfolio has maintained a healthy balance of investment types with minimal change from the prior quarter as shown below in Chart 1, except for CAMP due to additional funds have been deposited with the receipt of property taxes.
Chart 1: Investments by Type
March 31, 2023 and December 31, 2022
The market value of the City's portfolio increased by $29,227,114 from the December 31, 2022 quarter. The quarterly change results from the normal fluctuations in the timing of incoming revenue, predominantly the receipt of property tax allocations and sales tax revenue, and expenditures on Capital Projects and payments to Alameda County for Police and Fire Services.
The City’s portfolio increased by $17.1 million from the same quarter the prior year (see Table 1 below). Overall market yield-to-maturity has remained consistent at 4.39%, (shown in Table 2) 69
due to the factors discussed in the Economic Update Highlights. For detailed monthly transactions, see Attachment 2.
Table 1: Portfolio Values and Yield to Maturity
Table 2: Quarterly Holdings (Market Value) by Type, and YTM, 5 Quarters Funds Managed by the City
The City participates in two local agency investment pools managed by government finance professionals and treasurers: the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP). Below is the recent yield of the local pools compared to that of Chandler.
March 31, 2022 December 31, 2022
Holdings
Market
Value
Market
Value
Par
Value
Book
Value
Market
Value
% of
Subtotal
% of Total
Portfolio
Book
Yield
Market
Yield
Managed by City
LAIF 50,424,445 25,730,693 25,917,596 25,917,596 25,917,596 24.3% 6.5% 2.88% 2.88% CAMP 79,661,872 56,195,257 80,625,562 80,625,562 80,625,562 75.7% 20.3% 4.92% 4.92% SUBTOTAL 130,086,317 81,925,950 106,543,157 106,543,157 106,543,157 100.00% 26.80% 4.42% 4.42% Accrued Interest 36,519 169,795 166,760 130,122,836 82,095,744 106,709,917 Managed by Chandler
ABS 22,814,841 31,285,896 30,889,890 30,887,455 30,171,153 10.8% 7.8% 2.21% 5.23% Agency 57,293,846 58,714,486 62,450,000 62,672,955 60,517,635 21.6% 15.7% 2.08% 4.38% CMO 4,052,552 3,843,615 4,000,000 4,135,139 3,874,342 1.4% 1.0% 1.35% 4.57% Commercial paper 4,982,197 - - - 0.0% 0.0% 0.00% 0.00% Money Market 632,736 4,923,898 760,481 760,481 760,481 0.3% 0.2% 4.32% 4.32% Negotiable CD 4,978,673 - - - - 0.0% 0.0% 0.00% 0.00% Supranational 19,609,525 16,569,068 18,240,000 18,218,617 16,860,396 6.0% 4.6% 0.67% 4.05% Corporate 66,644,264 65,378,464 74,375,000 74,472,985 71,092,672 25.4% 18.7% 2.38% 4.75% US Treasury 63,976,891 89,783,810 100,250,000 99,932,489 96,639,811 34.5% 25.2% 2.47% 3.87% SUBTOTAL 240,003,327 275,481,435 290,965,371 291,080,120 279,916,489 100.00% 73.20% 2.21% 4.37% Accrued Interest 779,938 1,232,872 1,410,760 240,783,265 276,714,308 281,327,249 TOTAL PORTFOLIO 370,906,101 358,810,052 397,508,528 397,623,277 388,037,166 100.00% 4.39% 49,045,334 (23,712,826) 17,131,065 (11,616,776) (4,629,562) 29,227,114 March 31, 2023
Change from Prior Year
Change from Prior Quarter
Holdings (Market Value) 3/31/22 6/30/22 9/30/22 12/31/22 3/31/23 LAIF/CAMP 130,086,317 139,704,489 129,243,283 81,925,950 106,543,157 ABS 22,814,841 26,693,153 27,760,436 31,285,896 30,171,153 Agency 57,293,846 56,641,842 53,062,995 58,714,486 60,517,635 CMO 4,052,552 3,966,300 3,839,610 3,843,615 3,874,342 Commercial Paper - - - 4,982,197 - Money Market 632,736 3,039,481 286,323 4,923,898 760,481 Negotiable CD 4,978,673 2,486,275 2,497,243 - - Supranational 19,609,525 19,403,787 16,428,894 16,569,068 16,860,396 Corporate 66,644,264 62,892,216 63,373,439 65,378,464 71,092,672 US Treasury 63,976,891 62,468,441 65,877,816 89,783,810 96,639,811 Accrued Interest 816,458 1,012,868 1,069,574 1,402,667 1,577,520 TOTAL 370,906,101 378,308,853 363,439,614 358,810,052 388,037,166 YIELD TO MATURITY 1.62% 2.48% 3.66% 4.39% 4.39%
70
Table 3: Quarterly Portfolio Yields, Recent 8 Quarters
Market Yield LAIF CAMP Chandler
6/30/21 0.25% 0.05% 0.49%
9/30/21 0.21% 0.05% 0.56%
12/31/21 0.22% 0.05% 0.91%
3/31/22 0.42% 0.07% 2.38%
6/30/22 0.94% 1.40% 3.20%
9/30/22 1.60% 2.61% 4.47%
12/31/22 2.23% 4.50% 4.57%
3/31/23 2.88% 4.92% 4.37%
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) City of Dublin Investment Report for Period Ending March 31, 2023 2) Transaction Ledger – January through March 2023
71 CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com
INVESTMENT REPORT
Period Ending March 31, 2023
City of Dublin
Attachment 1
72 SECTION 1 Economic Update
SECTION 2 Account Profile
SECTION 3 Consolidated Information
SECTION 4 Portfolio Holdings
SECTION 5 Transactions
Table of Contents As of March 31, 2023
1 73
SECTION |
Section 1 |
Economic Update
2 74
Economic Update
Economic trends have been decelerating along with tighter financial conditions and restrictive monetary policy. Recent data suggests p ositive but below trend growth this year. Although the pace of job growth is moderating, labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Market participants and the Federal Reserve are maintaining very divergent views regarding the future trajectory of monetary policy. Given the cumulative effects of tighter monetary policy and stress in the banking sector, we believe the Federal Reserve is likely near a pause in their rate hiking campaign. If moderate growth continues, we believe the Fed will likely maintain the Federal Funds rate in restrictive territory until inflationary pressures subside.
At the March meeting, the Federal Open Market Committee voted unanimously to raise the target federal funds rate by
0.25% to a range of 4.75 – 5.00%. Fed Chair Powell reiterated the committee’s focus on bringing down inflation to their 2% target; however, the committee softened language about "ongoing increases" in rates in the prior statement to "some additional policy firming may be appropriate". The statement also emphasized that the U.S. banking system is “sound and resilient” and acknowledged the tightening of financial conditions. The Chandler team believes the FOMC is likely near a pause in their rate hiking cycle.
In March, the yield curve inversion narrowed. The 2-year Treasury yield plummeted 79 basis points to 4.03%, the 5-year Treasury yield plunged 61 basis points to 3.58%, and the 10-year Treasury yield fell 45 basis points to 3.47%. The inversion between the 2-year Treasury yield and 10-year Treasury yield declined to -56 basis points at March month-end versus -90 basis points at February month-end. There was no spread between the 2-year Treasury and 10-year Treasury yield one year ago – the yields were approximately equal. The inversion between 3-month and 10-year Treasuries widened to -128 in March from -89 basis points in February. The shape of the yield curve indicates that the probability of recession is increasing.
3 75
Source: US Department of Labor Source: US Department of Labor Employment
The U.S. economy a dded 236,000jobs in March, and the prior two months were revised downward by 17,000. Although the pace of job growth is moderating, employment remains strong, with the three-month moving average payrolls at 345,000and the six-month moving average at 315,000.The private sector reported broad gains, led by leisure and hospitality. The unemployment rate fell to 3.5% due to a sharp rise in the number of people employed, and the participation rate increased to 62.6% from 62.5% in February. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons, declined to 6.7% from the prior month at 6.8%. Average hourly earnings rose 4.2% year-over-year in March, down from a 4.6% increase in February. Job Openings dipped to 9.9 million, the first drop below 10 million since May of 2021. While the overall pace of hiring is slowing, levels remain consistent with a solid labor market.
0 100
200
300
400
500
600
700
800
900
1,000
MOM Change In (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3 month average (000's)
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
4 76
Source: US Department of Labor Source: US Department of Commerce Inflation
The Consumer Price Index (CPI) increased in March 0.1% month-over-month and 5.0% year-over-year, down from 6.0% in February. The Core CPI, which excludes volatile food and energy components, rose 0.4% month-over-month and 5.6% year-over-year, accelerating from 5.5% in February. Housing remained the largest factor in headline CPI representing 60% of the increase. The Personal Consumption Expenditures (PCE) index rose 5.0% year-over-year in February, improving from a 5.3% year-over-year gain in January. Core PCE, the Federal Reserve’s preferred inflation gauge, increased 4.6% year-over-year in February, the smallest increase since October 2021. Inflationary trends are declining but remain above the Fed's 2% target.
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Cor e Deflator Y OY % Change
YOY( %) Change
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
9.0%
10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY( %) Change
5 77
Advance Retail Sales fell more than expected month-over-month at -1.0% in March, which translated to a year-over-year deceleration to 2.9% from 5.9% in February. The report indicated a broad-based cooling in discretionary spending as consumers are becoming more cautious about the outlook for the US economy. The Conference Board’s Consumer Confidence Index unexpectedly increased to 104.2in Marchfrom 103.4in February. While high inflation and recession concerns remain top of mind for many consumers, the strong labor market and low unemployment continue to support the strength in Consumer Confidence.
Source: US Department of Commerce Source: The Conference Board
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
Retail Sales YOY % Change
YOY (%) Change
80 90
100
110
120
130
140
Index Level
Consumer Confidence
Consumer
6 78
Source: The Conference Board Source: Federal Reserve Bank of Chicago Economic Activity
The Conference Board’s Leading Economic Index (LEI) remained in negative territory for the twelfth consecutive month at –1.2% in March, falling considerably from a downwardly revised -0.5% in February. The LEI was down 7.8% year-over-year in March versus down 6.5% year-over- year in February. The consistent decline month-over-month continues to signal future contraction in the economy. The Chicago Fed National Activity Index (CFNAI) declined to -0.19 in February from +0.23 in January. On a 3-month moving average basis, the CFNAI increased to -0.13 in February from -0.27 in January, indicating a rate of growth below the historical average trend. -0.50
-0.25
0.00 0.25
0.50 0.75
1.00 Chicago Fed National Activity Index (CFNAI)
3 Month Average
-1.5%
-1.0%
-0.5%
0.0%
0.5%
1.0%
1.5%
Leading Economic Indicators (LEI)
MOM ( %) Change
7 79
Source: US Department of Commerce Source: S&P
Housing
0 200
400
600
800
1000
1200
1400
1600
1800
2000
MOM Change (In Thousands of Units)
Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
0.0%
3.0%
6.0%
9.0%
12.0%
15.0%
18.0%
21.0%
24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
YOY( %) Change
Total housing starts fell 0.8% month-over-month in March to 1,420,000units and were down 17.2%compared to March 2022. The decline was primarily driven by a drop in multifamily construction while single-family construction increased. The 30-year fixed rate mortgage averaged approximately 6.52% in March according to Freddie Mac, down from a peak of 7.08% in October, but up from 4.67% a year ago. According to the Case-Shiller 20-City Home Price Index, the year-over-year increase continued its declining rate of gain to +2.55% in January from +4.62% in December, clearly displaying the impact of higher mortgage rates year-over-year, which have reduced demand for homebuying as affordability has declined. This is the lowest rate of annual appreciation since December 2019. 8 80
Source: Institute for Supply Management Source: Federal Reserve Manufacturing
The Institute for Suppl y Management (ISM) manufacturing index fell to 46.3in Marchfrom 47.7in February. This is the fifth consecutive month of readings below 50.0,which is indicative of contraction in the manufacturing sector. All components weakened, including the headline, new orders, employment, and prices. Industrial production rose 0.4% in Marchdue to an 8.4% increase in utilities production, as demand increased for heating. This equates to a +0.5% increase in industrial production from the prior year. Capacity utilization increased to 79.8%in Marchfrom an upwardly revised 79.6% in February, inching above its 1972-2021 average of 79.6%. 40 42
44 46
48 50
52 54
56 58
60 62
64 66
Institute of Supply Management Purchasing Manager Index
EXPANDING
CONTRACTING
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
Industrial Production
YOY( %) Change
9 81
Source: US Department of Commerce Source: US Department of Commerce 3/22 6/22 9/22 12/22
0.9% 1.4% 1.5% 0.7%
1.0% -2.8% -1.8% 0.8%
-3.1% 1.2% 2.9% 0.4%
-0.4% -0.2% 0.2% 0.4%
0.0% -0.1% 0.4% 0.3%
-1.6% -0.6% 3.3% 2.6%
Federal Government Expenditures
State and Local (Consumption and Gross
Investment)
Gross Private Domestic Investment
Personal Consumption Expenditures
Components of GDP
Net Exports and Imports
Total
-35.0%
-30.0%
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Gross Domestic Product (GDP)
According to the t hird estimate, fourth quarter 2022GDP growth was revised downward to 2.6% from 2.7%. The revision lower was primarily due to weaker growth in personal consumption expenditures and a wider trade gap in net exports. The consensus estimate calls for 1.8% growth in the first quarter and 1.1% growth for the full year 2023. 10 82
Federal Reserve
Source: Federal Reserve Source: Bloomberg
At the March m eeting, the Federal Open Market Committee voted unanimously to raise the target federal funds rate by 0.25% to a range of
4.75 – 5.00%. Fed Chair Powell reiterated the committee’s focus on bringing down inflation to their 2% target; however, the committee softened language about "ongoing increases" in rates in the prior statement to "some additional policy firming may be appropriate". The statement also emphasized that the U.S. banking system is “sound and resilient” and acknowledged the tightening in financial conditions.
Powell indicated that the extent of these effects is uncertain but speculated that tighter credit conditions could be equivalent to a rate hike or more. The Summary of Economic Projections was little changed, with the consensus target federal funds rate rising to 5.1% by the end of 2023 (implying one more quarter point hike), falling to 4.3% in 2024(up from 4.1% previously), and declining to 3.1% by the end of 2025. No rate cuts were in the Fed’s base case for this year, contrary to the market consensus. Although projections imply policymakers are winding down interest rate hikes, the statement clearly reflected optionality for the Fed to remain data dependent. The Chandler team believes the Fed is likely near a pause in their rate hiking cycle.
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
5.00%
Effective Federal Funds Rate
Yield (%)
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
In $ millions
11 83
Source: Bloomberg Source: Bloomberg
0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
3.0%
3.5%
4.0%
4.5%
5.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
US Treasury Yield Curve
Mar-23
Dec-22
Mar-22
Yield (%)
Bond Yields
At the end of March, the 2-year Treasury yield was 169 basis points higher, and the 10-Year Treasury yield was about 113 basis points higher, year-over-year. The inversion between the 2-year Treasury yield and 10-year Treasury yield narrowed to -56 basis points at Marchmonth-end versus -90 basis points at February month-end. The average historical spread (since 2003)is about +130 basis points. The inversion between 3- month and 10-year Treasuries widened to -128 in March from -89 basis points in February. The shape of the yield curve indicates that the probability of recession is increasing.
12 84
Section 2|SECTION |
Section 2 |
Account Profile
13 85
Objectives
Chandler Asset Management Performance Objective
The performance objective of the City of Dublin is to earn a return that equals or exceeds the return on of the ICE BofA 1-5 Year Treasury and Agency Index.
Investment Objectives
The investment objectives of the City of Dublin are first, to provide safety of principal; second, to provide adequate liquidity to meet all requirements which might be reasonably anticipated; third, to attain a market average rate of return on its investments throughout economic cycles; and fourth, to be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions.
Strategy
In order to achieve this objective, the portfolio invests in high quality fixed income instruments consistent with the City's investment policy and California Government Code.
As of March 31, 2023
14 86
Compliance As of March 31, 2023
Category Standard Comment
U.S. Treasury Issues No limitations; Full faith and credit of the U.S. are pledged for payment of principal and interest. Complies Federal Agenci es
35% max per agency i ssuer; 25% max cal l abl es for agency securi ti es; Federal Agenci es or U.S. Government Sponsored Enterpri ses (GSE), participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S.
GSEs.
Complies
Municipal Se curitie s "A" rated or higher by a NRSRO; 5% max per issuer; Obligations of the State of California, any of the other 49 states, or any local agency within the state of California; Complies
Supranational Securities
"A A " rating cate gory or be tte r by a N ationally Re cognize d Statistical Rating Organization ("N RSRO"); 30% m axim um ; 10% m ax pe r issue r; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development ("IBRD"), the International Finance Corporation ("IFC") or the Inter-American Development Bank ("IADB")
Complies
Asset-Backed Securi ti es/Mortgage-
Backe d Se curitie s/ Collate ralize d
Mortgage Obligations
"AA" rated or higher by a NRSRO; 20% maximum (combined); 5% max per issuer Complies Corporate Medi um Term Notes "A" rated or higher by a NRSRO; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S. Complies Negoti abl e Certi fi cates of Deposi t
"A" long-term debt rated and/or "A-1" short-term rated or higher by a NRSRO; 30% maximum; 5% max per issuer; 20% max amount invested in NCDs with any one financial institution in combination with any other debt from that financial institution; Issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank.
Complies
Ti me Deposi ts/ Certi fi cates of Deposi t 10% maximum; Collateralized/FDIC Insured; 1 year max maturity Complies Commerci al Paper
"A-1" rated or higher by a NRSRO; 25% maximum; 5% max per issuer; 10% max of the outstanding commercial paper of an issuing corporation; 20% max amount invested in CP of any one issuer in combination with any other debt from that issuer; 270 days max maturity; Issuer of the commercial paper shall meet all conditions in either A) (1) Organized and operating in the U.S. as a general corp, (2) Has AUM > $500 million, (3) "A" rated issuer debt (if any) or higher by a NRSRO; or B) (1) Organized in the U.S. as a special purpose corp, trust, LLC, (2) Has program wide credit enhancements including, but not limited to, over collateralization, LOC, or surety bond, (3) "A- 1" rated or higher by a NRSRO
Complies
Banker’s Acceptances "A-1" short-term rated or higher by a NRSRO; 40% maximum; 5% max per issuer; 20% max amount invested in BA with any one financial institution in combination with any other debt from that financial institution; 180 days max maturity Complies Money Market Mutual Funds and
Mutual Funds
Highest rating or "AAA" rated by two NRSROs; SEC registered adviser with AUM >$500 million and experience > 5 years; 20% maximum in Mutual Funds and Money Market Mutual Funds; 20% max in Money Market Mutual Fund; 10% max per one Mutual Fund Complies Local Agency Investment Fund (LAIF) Maximum permitted by LAIF; Not used by investment adviser Complies California Asset Management Program
(CAMP) Issued by joint powers authority organized pursuant to California Government Code; Not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Mortgage-derived, Interest-only strips; Any investment in a security not specifically listed as an Authorized and Suitable Investment in the policy. Complies Max Per Issuer 5% max per issuer, except US Government, its Agencies and instrumentalities (including agency backed-mortgage pools), Supranational securities, or Money Market Mutual Funds Complies
Maxi mum Maturi ty 5 years, unless otherwise stated in the policy Complies City of Dublin
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. 15 87
Portfolio Characteristics
City of Dublin
03/31/23 12/31/22
Benchmark* Portfolio Portfolio
Average Maturity (yrs) 2.62 2.67 2.54
Average Modified Duration 2.50 2.29 2.17
Average Purchase Yield n/a 2.21% 2.11%
Average Market Yield 4.02% 4.37% 4.57%
Average Quality** AAA AA/Aa1 AA+/Aa1
Total Market Value 281,327,249 276,714,308
*ICE BofA 1-5 Yr US Treasury & Agency Index
**Benchmark is a blended rating of S&P, Moody’s, and Fitch. Portfolio is S&P and Moody’s respectively.
As of March 31, 2023
16 88
City of Dublin
Sector Distribution
ABS
10.7%
Agency
21.6%
CMO
1.4%
Corporate
25.4%
Money Market
Fund
0.3%
Supranational
6.0%
US Treasury
34.6%
March 31, 2023 December 31, 2022
ABS
11.3%
Agency
21.3%
CMO
1.4%
Corporate
23.8%
Money Market
Fund
1.8%
Supranational
6.0%
US Treasury
32.6%
Commercial
Paper
1.8%
As of March 31, 2023
17 89
Issue Name Investment Type % Portfolio
Government of United States US Treasury 34.55%
Federal Home Loan Bank Agency 8.14%
Federal National Mortgage Association Agency 6.39%
Federal Farm Credit Bank Agency 4.25%
Inter-American Dev Bank Supranational 3.30%
Federal Home Loan Mortgage Corp Agency 2.86%
Intl Bank Recon and Development Supranational 2.71%
John Deere ABS ABS 1.76%
Amazon.com Inc Corporate 1.61%
Bank of America Corp Corporate 1.44%
Deere & Company Corporate 1.43%
Hyundai Auto Receivables ABS 1.43%
JP Morgan Chase & Co Corporate 1.39%
Federal Home Loan Mortgage Corp CMO 1.38%
Toyota Motor Corp Corporate 1.34%
Honda Motor Corporation Corporate 1.21%
United Health Group Inc Corporate 1.21%
Royal Bank of Canada Corporate 1.19%
Toronto Dominion Holdings Corporate 1.12%
Toyota Lease Owner Trust ABS 1.07%
Apple Inc Corporate 1.06%
Qualcomm Inc Corporate 1.06%
Morgan Stanley Corporate 1.03%
Mercedes-Benz ABS 1.00%
Metlife Inc Corporate 1.00%
GM Financial Automobile Leasing Trust ABS 0.94%
Caterpillar Inc Corporate 0.89%
Northwestern Mutual Glbl Corporate 0.88%
US Bancorp Corporate 0.88%
Chubb Corporation Corporate 0.87%
Honda ABS ABS 0.85%
Honeywell Corp Corporate 0.84%
Bank of Montreal Chicago Corporate 0.79%
Berkshire Hathaway Corporate 0.77%
American Express ABS ABS 0.77%
Wal-Mart Stores Corporate 0.72%
Hyundai Auto Lease Securitization ABS 0.66%
GM Financial Securitized Term Auto Trust ABS 0.64%
Issuers
City of Dublin – Account #10198
As of March 31, 2023
18 90
Issue Name Investment Type % Portfolio
Charles Schwab Corp/The Corporate 0.62%
BMW Vehicle Lease Trust ABS 0.54%
Target Corp Corporate 0.44%
PNC Financial Services Group Corporate 0.43%
Bank of New York Corporate 0.43%
Mercedes-Benz Auto Lease Trust ABS 0.36%
Dominion Resources Inc Corporate 0.35%
Verizon Master Trust ABS 0.32%
BMW ABS ABS 0.30%
First American Govt Oblig Fund Money Market Fund 0.27%
Guardian Life Global Funding Corporate 0.26%
Salesforce.com Inc Corporate 0.16%
Toyota ABS ABS 0.09%
Nissan ABS ABS 0.01%
TOTAL 100.00%
Issuers
City of Dublin – Account #10198
As of March 31, 2023
19 91
AAA AA A <A NR
03/31/23 15.2% 63.4% 17.9% 0.3% 3.1%
12/31/22 18.2% 61.5% 16.6% 0.3% 3.3%
Source: S&P Ratings
March 31, 2023 vs. December 31, 2022
0.0%
10.0%
20.0%
30.0%
40.0%
50.0%
60.0%
70.0%
AAA AA A <A NR
03/31/23 12/31/22
Quality Distribution
City of Dublin
As of March 31, 2023
20 92
0.0%
5.0%
10.0%
15.0%
20.0%
25.0%
30.0%
35.0%
40.0%
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ City of Dublin ICE BofA 1-5 Yr US Treasury & Agency Index Portfolio Compared to the Benchmark
0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ Portfolio 1.2% 5.5% 7.4% 29.6% 27.5% 18.1% 10.5% 0.0%
Benchmark* 0.0% 0.0% 1.7% 35.8% 27.9% 20.2% 14.4% 0.0%
*ICE BofA 1-5 Yr US Treasury & Agency Index
Duration Distribution
City of Dublin
As of March 31, 2023
21 93
-2.50%
-2.00%
-1.50%
-1.00%
-0.50%
0.00%
0.50%
1.00%
1.50%
12 months 2 years 3 years 5 years 10 years Since Inception City of Dublin ICE BofA 1-5 Yr US Treasury & Agency Index* Total Rate of Return Annualized Since Inception October 31, 2013 Annualized
TOTAL RATE OF RETURN 3 months 12 months 2 years 3 years 5 years 10 years Since Inception
City of Dublin 1.67% -0.16% -1.78% -0.80% 1.30% N/A 1.08% ICE BofA 1-5 Yr US Treasury & Agency Index* 1.82% -0.38% -2.06% -1.40% 1.09% N/A 0.89% *ICE BofA 1-3 Yr US Treasury & Agency Index to 12/31/14 Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains and losses in the portfolio.
Investment Performance
City of Dublin
As of March 31, 2023
22 94
Portfolio Characteristics
City of Dublin Reporting Account
03/31/23
Portfolio
12/31/22
Portfolio
Average Maturity (yrs) 0.00 0.00
Modified Duration 0.00 0.00
Average Purchase Yield 4.42% 3.79%
Average Market Yield 4.42% 3.78%
Average Quality* AAA/NR AAA/NR
Total Market Value 106,709,917 82,095,744
*Portfolio is S&P and Moody’s, respectively.
As of March 31, 2023
23 95
City of Dublin Reporting Account
Sector Distribution
LAIF
24.4%
Local Gov
Investment Pool
75.6%
March 31, 2023 December 31, 2022
LAIF
31.6%
Local Gov
Investment Pool
68.5%
As of March 31, 2023
24 96
Issue Name Investment Type % Portfolio
CAMP Local Gov Investment Pool 75.56%
Local Agency Investment Fund LAIF 24.44%
TOTAL 100.00%
Issuers
City of Dublin Reporting Account – Account #10219
As of March 31, 2023
25 97
SECTION |
Section 3 |
Consolidated Information
26 98
Portfolio Characteristics
City of Dublin Consolidated
03/31/23 12/31/22
Portfolio Portfolio
Average Maturity (yrs) 1.94 1.96
Modified Duration 1.66 1.67
Average Purchase Yield 2.80% 2.48%
Average Market Yield 4.39% 4.39%
Average Quality* AA+/Aa1 AA+/Aa1
Total Market Value 388,037,166 358,810,052
* Portfolio is S&P and Moody’s respectively.
As of March 31, 2023
27 99
City of Dublin Consolidated
Sector Distribution
ABS
7.8%
Agency
15.7%
CMO
1.0%
Corporate
18.4%
LAIF
6.7%
Local Gov
Investment Pool
20.8%
Money Market
Fund
0.2%
Supranational
4.4%
US Treasury
25.1%
March 31, 2023 December 31, 2022
ABS
8.7%
Agency
16.4%
CMO
1.1%
Corporate
18.4%
LAIF
7.2%
Local Gov
Investment Pool
15.7%
Money Market
Fund
1.4%
Supranational
4.6%
US Treasury
25.2%
Commercial
Paper
1.4%
As of March 31, 2023
28 100
SECTION |
Section 4 |
Portfolio Holdings
29 101
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
ABS
44891VAC5 Hyundai Auto Lease Trust 2021-B A3
0.330% Due 06/17/2024
972,648.83 06/08/2021
0.34%
972,502.94
972,619.15
98.80 5.96%
960,978.02
142.66
0.34%
(11,641.13)
Aaa / AAA
NR
1.22 0.21
65479JAD5 Nissan Auto Receivables Owner 2019-C A3
1.930% Due 07/15/2024
38,785.52 10/16/2019
1.94%
38,783.48
38,784.96
99.86 6.61%
38,731.30
33.27 0.01%
(53.66)
Aaa / AAA
NR
1.29 0.03
89237VAB5 Toyota Auto Receivables Trust 2020-C A3
0.440% Due 10/15/2024
246,671.21 07/21/2020
0.44%
246,652.21
246,664.27
98.86 5.36%
243,869.82
48.24 0.09%
(2,794.45)
Aaa / AAA
NR
1.55 0.23
43813KAC6 Honda Auto Receivables Trust 2020-3 A3
0.370% Due 10/18/2024
401,487.43 09/22/2020
0.38%
401,428.44
401,475.53
98.22 5.37%
394,339.34
53.64 0.14%
(7,136.19)
NR / AAA
AAA
1.55 0.35
89239CAC3 Toyota Lease Owner Trust 2021-B A3
0.420% Due 10/21/2024
1,056,014.38 07/27/2021
0.39%
1,056,000.12
1,056,009.73
98.17 5.51%
1,036,661.86
135.52
0.37%
(19,347.87)
Aaa / NR
AAA
1.56 0.36
47787NAC3 John Deere Owner Trust 2020-B A3
0.510% Due 11/15/2024
117,562.96 07/14/2020
0.52%
117,545.04
117,558.89
99.01 4.91%
116,393.33
26.65 0.04%
(1,165.56)
Aaa / NR
AAA
1.63 0.22
58769KAD6 Mercedes-Benz Auto Lease Trust 2021-B A3
0.400% Due 11/15/2024
1,035,805.56 06/22/2021
0.40%
1,035,727.36
1,035,781.26
97.75 5.76%
1,012,493.72
184.14
0.36%
(23,287.54)
NR / AAA
AAA
1.63 0.42
09690AAC7 BMW Vehicle Lease Trust 2021-2 A3
0.330% Due 12/26/2024
507,504.04 09/08/2021
0.34%
507,451.67
507,487.15
98.01 5.83%
497,392.03
27.91 0.18%
(10,095.12)
Aaa / NR
AAA
1.74 0.36
44891WAC3 Hyundai Auto Lease Trust 2022-A A3
1.160% Due 01/15/2025
910,000.00 01/11/2022
1.16%
909,979.89
909,990.65
97.25 5.60%
884,959.53
469.16
0.31%
(25,031.12)
Aaa / AAA
NR
1.80 0.62
89238LAC4 Toyota Lease Owner Trust 2022-A A3
1.960% Due 02/20/2025
2,045,000.00 02/23/2022
1.98%
2,044,678.12
2,044,829.71
97.04 5.54%
1,984,394.38
1,224.73
0.71%
(60,435.33)
NR / AAA
AAA
1.90 0.83
36265MAC9 GM Financial Auto Lease Trust 2022-1 A3
1.900% Due 03/20/2025
1,680,000.00 02/15/2022
1.91%
1,679,985.55
1,679,992.93
97.34 5.41%
1,635,325.44
975.33
0.58%
(44,667.49)
Aaa / NR
AAA
1.97 0.76
05601XAC3 BMW Vehicle Lease Trust 2022-1 A3
1.100% Due 03/25/2025
755,000.00 01/11/2022
1.05%
754,887.13
754,949.10
97.50 5.66%
736,149.92
138.42
0.26%
(18,799.18)
NR / AAA
AAA
1.99 0.55
36266FAC3 GM Financial Auto Lease Trust 2022-2 A3
3.420% Due 06/20/2025
1,020,000.00 05/03/2022
3.45%
1,019,893.61
1,019,936.78
98.23 5.24%
1,001,943.96
1,065.90
0.36%
(17,992.82)
NR / AAA
AAA
2.22 0.99
47788UAC6 John Deere Owner Trust 2021-A A3
0.360% Due 09/15/2025
565,545.51 03/02/2021
0.37%
565,436.82
565,498.98
96.78 5.63%
547,333.82
90.49 0.19%
(18,165.16)
Aaa / NR
AAA
2.46 0.61
44933LAC7 Hyundai Auto Receivables Trust 2021-A A3
0.380% Due 09/15/2025
552,243.47 04/20/2021
0.20%
552,185.36
552,222.06
97.24 5.26%
537,003.76
93.27 0.19%
(15,218.30)
NR / AAA
AAA
2.46 0.56
05593AAC3 BMW Vehicle Lease Trust 2023-1 A3
5.160% Due 11/25/2025
295,000.00 02/07/2023
5.22%
294,992.98
294,993.39
100.29
5.02%
295,859.93
253.70
0.11%
866.54
Aaa / AAA
NR
2.66 1.51
44934KAC8 Hyundai Auto Receivables Trust 2021-B A3
0.380% Due 01/15/2026
1,995,620.91 07/20/2021
0.16%
1,995,180.47
1,995,415.88
96.57 5.48%
1,927,262.91
337.04
0.69%
(68,152.97)
NR / AAA
AAA
2.80 0.67
As of March 31, 2023
30 102
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
43815GAC3 Honda Auto Receivables Trust 2021-4 A3
0.880% Due 01/21/2026
765,000.00 11/16/2021
0.89%
764,838.74
764,905.83
95.51 5.26%
730,649.97
187.00
0.26%
(34,255.86)
Aaa / NR
AAA
2.81 1.03
47789QAC4 John Deere Owner Trust 2021-B A3
0.520% Due 03/16/2026
965,000.00 07/13/2021
0.52%
964,913.92
964,953.89
95.67 5.59%
923,181.73
223.02
0.33%
(41,772.16)
Aaa / NR
AAA
2.96 0.86
44935FAD6 Hyundai Auto Receivables Trust 2021-C A3
0.740% Due 05/15/2026
545,000.00 11/09/2021
0.75%
544,878.36
544,931.02
95.40 5.49%
519,940.36
179.24
0.18%
(24,990.66)
NR / AAA
AAA
3.13 0.97
43815BAC4 Honda Auto Receivables Trust 2022-1 A3
1.880% Due 05/15/2026
1,315,000.00 02/15/2022
1.89%
1,314,802.22
1,314,869.77
95.88 4.95%
1,260,772.03
1,098.76
0.45%
(54,097.74)
Aaa / AAA
NR
3.13 1.36
05602RAD3 BMW Vehicle Owner Trust 2022-A A3
3.210% Due 08/25/2026
850,000.00 05/10/2022
3.23%
849,955.80
849,968.19
97.71 4.90%
830,571.55
454.75
0.30%
(19,396.64)
Aaa / AAA
NR
3.41 1.38
362554AC1 GM Financial Securitized Term 2021-4 A3
0.680% Due 09/16/2026
585,000.00 10/13/2021
0.66%
584,985.08
584,991.41
94.86 5.77%
554,955.57
165.75
0.20%
(30,035.84)
Aaa / AAA
NR
3.47 1.02
47787JAC2 John Deere Owner Trust 2022-A A3
2.320% Due 09/16/2026
1,005,000.00 03/10/2022
2.34%
1,004,777.69
1,004,843.91
96.65 5.05%
971,363.66
1,036.27
0.35%
(33,480.25)
Aaa / NR
AAA
3.47 1.24
448977AD0 Hyundai Auto Receivables Trust 2022-A A3
2.220% Due 10/15/2026
1,080,000.00 03/09/2022
2.23%
1,079,958.42
1,079,971.77
96.14 5.00%
1,038,268.80
1,065.60
0.37%
(41,702.97)
NR / AAA
AAA
3.55 1.41
380146AC4 GM Financial Auto Receivables 2022-1 A3
1.260% Due 11/16/2026
500,000.00 01/11/2022
1.23%
499,956.55
499,972.20
95.01 5.68%
475,065.00
262.50
0.17%
(24,907.20)
NR / AAA
AAA
3.63 1.14
362585AC5 GM Financial Securitized ART 2022-2 A3
3.100% Due 02/16/2027
780,000.00 04/05/2022
3.13%
779,836.98
779,882.94
96.84 5.16%
755,324.70
1,007.50
0.27%
(24,558.24)
Aaa / AAA
NR
3.88 1.56
47800AAC4 John Deere Owner Trust 2022-B A3
3.740% Due 02/16/2027
1,045,000.00 07/12/2022
3.77%
1,044,900.20
1,044,919.69
98.07 4.89%
1,024,860.76
1,737.02
0.36%
(20,058.93)
Aaa / NR
AAA
3.88 1.72
02582JJT8 American Express Credit Trust 2022-2 A
3.390% Due 05/17/2027
2,205,000.00 05/17/2022
3.42%
2,204,512.25
2,204,652.25
97.66 4.60%
2,153,336.85
3,322.20
0.77%
(51,315.40)
NR / AAA
AAA
4.13 1.99
47800BAC2 John Deere Owner Trust 2022-C A3
5.090% Due 06/15/2027
1,350,000.00 10/12/2022
5.15%
1,349,895.24
1,349,908.11
100.81
4.74%
1,360,957.95
3,054.00
0.48%
11,049.84
Aaa / NR
AAA
4.21 1.98
92348KAV5 Verizon Master Trust 2022-5 A1A
3.720% Due 07/20/2027
915,000.00 08/02/2022
3.75%
914,959.74
914,969.00
98.64 5.10%
902,512.08
1,040.05
0.32%
(12,456.92)
NR / AAA
AAA
4.31 1.32
58768PAC8 Mercedes-Benz Auto Receivables 2022-1 A3
5.210% Due 08/16/2027
2,790,000.00 11/15/2022
5.28%
2,789,448.14
2,789,504.63
101.01
4.73%
2,818,298.97
6,460.40
1.00%
28,794.34
Aaa / AAA
NR
4.38 1.86
TOTAL ABS 30,889,889.82 2.21%
30,885,930.52
30,887,455.03 5.23%
30,171,153.05
26,594.13
10.73%
(716,301.98)
Aaa / AAA
AAA
2.96 1.12
Agency
3133EKZK5 FFCB Note
1.600% Due 08/14/2023
4,000,000.00 08/26/2019
1.54%
4,009,000.00
4,000,839.09
98.83 4.81%
3,953,208.00
8,355.56
1.41%
(47,631.09)
Aaa / AA+
AAA
0.37 0.36
As of March 31, 2023
31 103
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
313383YJ4 FHLB Note
3.375% Due 09/08/2023
5,000,000.00 Various
2.90%
5,102,615.00
5,009,568.35
99.37 4.83%
4,968,690.00
10,781.25
1.77%
(40,878.35)
Aaa / AA+
NR
0.44 0.43
3130A0F70 FHLB Note
3.375% Due 12/08/2023
5,000,000.00 Various
2.73%
5,147,870.00
5,020,662.70
99.01 4.85%
4,950,545.00
52,968.75
1.78%
(70,117.70)
Aaa / AA+
AAA
0.69 0.66
3135G0V34 FNMA Note
2.500% Due 02/05/2024
2,000,000.00 02/27/2019
2.58%
1,992,340.00
1,998,682.97
98.10 4.82%
1,961,968.00
7,777.78
0.70%
(36,714.97)
Aaa / AA+
AAA
0.85 0.82
3130A1XJ2 FHLB Note
2.875% Due 06/14/2024
3,795,000.00 Various
1.96%
3,958,639.85
3,834,496.22
98.11 4.50%
3,723,301.07
32,428.80
1.34%
(111,195.15)
Aaa / AA+
NR
1.21 1.16
3133EKWV4 FFCB Note
1.850% Due 07/26/2024
2,500,000.00 08/13/2019
1.65%
2,524,140.00
2,506,435.55
96.28 4.79%
2,407,077.50
8,350.69
0.86%
(99,358.05)
Aaa / AA+
AAA
1.32 1.27
3130A2UW4 FHLB Note
2.875% Due 09/13/2024
2,000,000.00 10/10/2019
1.58%
2,122,020.00
2,036,015.91
98.07 4.26%
1,961,428.00
2,875.00
0.70%
(74,587.91)
Aaa / AA+
AAA
1.46 1.40
3135G0W66 FNMA Note
1.625% Due 10/15/2024
2,000,000.00 11/08/2019
1.80%
1,983,400.00
1,994,805.00
96.09 4.28%
1,921,794.00
14,986.11
0.69%
(73,011.00)
Aaa / AA+
AAA
1.55 1.48
3133ENZ94 FFCB Note
4.500% Due 11/18/2024
5,480,000.00 11/15/2022
4.56%
5,474,191.20
5,475,256.01
100.20
4.37%
5,490,724.36
91,105.00
1.98%
15,468.35
Aaa / AA+
AAA
1.64 1.53
3135G0X24 FNMA Note
1.625% Due 01/07/2025
4,200,000.00 Various
1.18%
4,287,898.80
4,232,203.29
95.59 4.24%
4,014,922.80
15,925.00
1.43%
(217,280.49)
Aaa / AA+
AAA
1.78 1.71
3137EAEP0 FHLMC Note
1.500% Due 02/12/2025
4,200,000.00 Various
1.23%
4,254,786.30
4,220,738.17
95.19 4.21%
3,997,967.41
8,575.00
1.42%
(222,770.76)
Aaa / AA+
AAA
1.87 1.80
3135G03U5 FNMA Note
0.625% Due 04/22/2025
1,825,000.00 04/22/2020
0.67%
1,821,240.50
1,823,450.03
92.98 4.22%
1,696,808.35
5,037.76
0.60%
(126,641.68)
Aaa / AA+
AAA
2.06 2.00
3135G04Z3 FNMA Note
0.500% Due 06/17/2025
3,435,000.00 06/17/2020
0.54%
3,427,889.55
3,431,850.20
92.41 4.13%
3,174,321.29
4,961.67
1.13%
(257,528.91)
Aaa / AA+
AAA
2.22 2.15
3137EAEU9 FHLMC Note
0.375% Due 07/21/2025
1,745,000.00 07/21/2020
0.48%
1,736,309.90
1,740,988.45
92.00 4.04%
1,605,452.35
1,272.40
0.57%
(135,536.10)
Aaa / AA+
AAA
2.31 2.25
3135G05X7 FNMA Note
0.375% Due 08/25/2025
2,755,000.00 08/25/2020
0.47%
2,742,106.60
2,748,800.71
91.55 4.11%
2,522,298.93
1,033.13
0.90%
(226,501.78)
Aaa / AA+
AAA
2.41 2.34
3137EAEX3 FHLMC Note
0.375% Due 09/23/2025
2,655,000.00 09/23/2020
0.44%
2,647,008.45
2,651,030.51
91.36 4.08%
2,425,621.28
221.25
0.86%
(225,409.23)
Aaa / AA+
AAA
2.48 2.42
3135G06G3 FNMA Note
0.500% Due 11/07/2025
2,860,000.00 11/09/2020
0.57%
2,849,761.20
2,854,652.88
91.49 3.98%
2,616,639.74
5,720.00
0.93%
(238,013.14)
Aaa / AA+
AAA
2.61 2.53
3130ATUC9 FHLB Note
4.500% Due 12/12/2025
4,000,000.00 02/09/2023
4.22%
4,029,238.40
4,027,827.28
100.75
4.20%
4,029,944.00
74,000.00
1.46%
2,116.72
Aaa / AA+
NR
2.70 2.47
As of March 31, 2023
32 104
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
3130ATS57 FHLB Note
4.500% Due 03/10/2028
3,000,000.00 03/21/2023
4.01%
3,065,010.00
3,064,651.82
103.16
3.79%
3,094,923.00
7,875.00
1.10%
30,271.18
Aaa / AA+
AAA
4.95 4.40
TOTAL Agency 62,450,000.00 2.08%
63,175,465.75
62,672,955.14 4.38%
60,517,635.08
354,250.15
21.64%
(2,155,320.06)
Aaa / AA+
AAA
1.74 1.65
CMO
3137BFE98 FHLMC K041 A2
3.171% Due 10/25/2024
2,000,000.00 07/01/2021
0.72%
2,151,406.25
2,070,323.21
97.50 4.85%
1,949,936.00
5,285.00
0.69%
(120,387.21)
Aaa / AAA
AAA
1.57 1.40
3137BSRE5 FHLMC K059 A2
3.120% Due 09/25/2026
2,000,000.00 02/18/2022
1.98%
2,085,625.00
2,064,815.53
96.22 4.30%
1,924,406.00
5,200.00
0.69%
(140,409.53)
NR / AAA
AAA
3.49 3.14
TOTAL CMO 4,000,000.00 1.35%
4,237,031.25
4,135,138.74 4.57%
3,874,342.00
10,485.00
1.38%
(260,796.74)
Aaa / AAA
AAA
2.53 2.26
Corporate
69353RFL7 PNC Bank Callable Note Cont 5/9/2023
3.500% Due 06/08/2023
1,210,000.00 Various
3.53%
1,208,333.27
1,209,937.82
99.53 6.01%
1,204,256.13
13,293.20
0.43%
(5,681.69)
A2 / A
A+
0.19 0.18
06406RAJ6 Bank of NY Mellon Corp Note
3.450% Due 08/11/2023
1,200,000.00 08/24/2018
3.42%
1,201,836.00
1,200,133.97
99.32 5.35%
1,191,801.60
5,750.00
0.43%
(8,332.37)
A1 / A
AA-
0.36 0.35
89114QCB2 Toronto Dominion Bank Note
3.250% Due 03/11/2024
2,300,000.00 03/26/2019
2.95%
2,331,234.00
2,305,953.44
97.92 5.54%
2,252,208.30
4,152.78
0.80%
(53,745.14)
A1 / A
AA-
0.95 0.91
037833CU2 Apple Inc Callable Note Cont 3/11/2024
2.850% Due 05/11/2024
3,000,000.00 Various
2.56%
3,038,334.00
3,007,814.66
98.31 4.43%
2,949,162.00
33,250.00
1.06%
(58,652.66)
Aaa / AA+
NR
1.12 1.07
023135BW5 Amazon.com Inc Note
0.450% Due 05/12/2024
1,865,000.00 05/10/2021
0.50%
1,862,277.10
1,863,988.85
95.84 4.31%
1,787,449.57
3,240.44
0.64%
(76,539.28)
A1 / AA
AA-
1.12 1.09
24422ETT6 John Deere Capital Corp Note
2.650% Due 06/24/2024
2,000,000.00 Various
1.32%
2,093,680.00
2,031,863.33
97.48 4.78%
1,949,620.00
14,280.56
0.70%
(82,243.33)
A2 / A
A+
1.24 1.18
02665WCZ2 American Honda Finance Note
2.400% Due 06/27/2024
1,500,000.00 07/10/2019
2.49%
1,493,742.00
1,498,435.50
97.03 4.90%
1,455,471.00
9,400.00
0.52%
(42,964.50)
A3 / A-
A
1.24 1.19
79466LAG9 Salesforce.com Inc Callable Note Cont 7/15/2022
0.625% Due 07/15/2024
465,000.00 06/29/2021
0.64%
464,762.85
464,898.36
94.98 4.68%
441,651.42
613.54
0.16%
(23,246.94)
A2 / A+
NR
1.29 1.25
78013XZU5 Royal Bank of Canada Note
2.550% Due 07/16/2024
2,500,000.00 09/10/2019
2.28%
2,531,325.00
2,508,358.06
96.74 5.18%
2,418,620.00
13,281.25
0.86%
(89,738.06)
A1 / A
AA-
1.30 1.24
As of March 31, 2023
33 105
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
46647PAU0 JP Morgan Chase & Co Callable Note 1X 7/23/2023
3.797% Due 07/23/2024
2,500,000.00 09/12/2019
2.35%
2,632,175.00
2,510,622.88
99.48 5.43%
2,487,032.50
17,930.28
0.89%
(23,590.38)
A1 / A-
AA-
1.32 0.31
02665WEA5 American Honda Finance Note
1.500% Due 01/13/2025
1,075,000.00 01/11/2022
1.53%
1,074,150.75
1,074,494.01
94.60 4.69%
1,016,953.23
3,493.75
0.36%
(57,540.78)
A3 / A-
A
1.79 1.72
90331HPL1 US Bank NA Callable Note Cont 12/21/2024
2.050% Due 01/21/2025
2,610,000.00 01/16/2020
2.10%
2,604,440.70
2,607,988.67
94.19 5.47%
2,458,411.20
10,403.75
0.88%
(149,577.47)
A1 / AA-
AA-
1.81 1.73
00440EAS6 Chubb INA Holdings Inc Note
3.150% Due 03/15/2025
2,500,000.00 Various
0.76%
2,753,600.00
2,614,728.57
97.55 4.47%
2,438,827.50
3,500.00
0.87%
(175,901.07)
A3 / A
A
1.96 1.87
14913R2V8 Caterpillar Financial Service Note
3.400% Due 05/13/2025
1,165,000.00 05/10/2022
3.44%
1,163,520.45
1,163,956.49
97.96 4.42%
1,141,224.68
15,183.83
0.41%
(22,731.81)
A2 / A
A
2.12 1.99
747525AF0 Qualcomm Inc Callable Note Cont 2/20/2025
3.450% Due 05/20/2025
3,000,000.00 Various
1.78%
3,159,848.58
3,103,218.14
98.15 4.36%
2,944,641.00
37,662.50
1.06%
(158,577.14)
A2 / A
NR
2.14 2.01
61747YEA9 Morgan Stanley Callable Note Cont 5/30/2024
0.790% Due 05/30/2025
3,040,000.00 05/26/2021
0.77%
3,041,611.70
3,040,626.12
94.66 5.40%
2,877,572.80
8,072.05
1.03%
(163,053.32)
A1 / A-
A+
2.17 2.07
438516CB0 Honeywell Intl Callable Note Cont 5/1/2025
1.350% Due 06/01/2025
2,500,000.00 06/23/2020
0.85%
2,559,500.00
2,525,567.19
93.83 4.37%
2,345,677.50
11,250.00
0.84%
(179,889.69)
A2 / A
A
2.17 2.09
78015K7H1 Royal Bank of Canada Note
1.150% Due 06/10/2025
1,000,000.00 02/22/2021
0.86%
1,012,240.00
1,006,256.69
92.01 5.04%
920,140.00
3,545.83
0.33%
(86,116.69)
A1 / A
AA-
2.20 2.11
66815L2J7 Northwestern Mutual Glbl Note
4.000% Due 07/01/2025
2,500,000.00 06/27/2022
4.01%
2,499,150.00
2,499,362.50
98.53 4.69%
2,463,367.50
25,000.00
0.88%
(35,995.00)
Aaa / AA+
AAA
2.25 2.10
02665WDL2 American Honda Finance Note
1.200% Due 07/08/2025
1,000,000.00 08/10/2021
1.00%
1,007,640.00
1,004,441.49
92.66 4.64%
926,648.00
2,766.67
0.33%
(77,793.49)
A3 / A-
A
2.27 2.19
89114QCK2 Toronto Dominion Bank Note
0.750% Due 09/11/2025
1,000,000.00 02/16/2021
0.81%
997,230.00
998,513.58
90.15 5.09%
901,517.00
416.67
0.32%
(96,996.58)
A1 / A
AA-
2.45 2.36
06051GHY8 Bank of America Corp Callable Note Cont 2/13/2025
2.015% Due 02/13/2026
1,250,000.00 03/04/2021
1.14%
1,291,725.00
1,269,846.94
93.69 5.61%
1,171,126.25
3,358.33
0.42%
(98,720.69)
A2 / A-
AA-
2.88 1.79
46647PBH8 JP Morgan Chase & Co Callable Note Mthly 3/13/2025
2.005% Due 03/13/2026
1,000,000.00 04/29/2021
1.20%
1,030,270.00
1,015,252.82
94.24 5.14%
942,449.00
1,002.50
0.34%
(72,803.82)
A1 / A-
AA-
2.95 1.87
808513BR5 Charles Schwab Corp Callable Note Cont 4/13/2026
1.150% Due 05/13/2026
1,370,000.00 05/11/2021
1.20%
1,366,821.60
1,368,019.16
87.79 5.46%
1,202,705.19
6,039.42
0.43%
(165,313.97)
A2 / A
A
3.12 2.97
As of March 31, 2023
34 106
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
91324PEC2 United Health Group Inc Callable Note Cont 4/15/2026
1.150% Due 05/15/2026
2,000,000.00 Various
1.90%
1,939,210.15
1,954,872.98
90.93 4.29%
1,818,500.00
8,688.89
0.65%
(136,372.98)
A3 / A+
A
3.13 2.99
89236TJK2 Toyota Motor Credit Corp Note
1.125% Due 06/18/2026
2,485,000.00 06/15/2021
1.13%
2,483,906.60
2,484,297.01
90.18 4.44%
2,240,871.12
7,998.59
0.80%
(243,425.89)
A1 / A+
A+
3.22 3.08
58989V2D5 Met Tower Global Funding Note
1.250% Due 09/14/2026
1,285,000.00 09/07/2021
1.27%
1,283,817.80
1,284,182.95
88.74 4.83%
1,140,293.58
758.51
0.41%
(143,889.37)
Aa3 / AA-
AA-
3.46 3.30
06368FAC3 Bank of Montreal Note
1.250% Due 09/15/2026
2,500,000.00 Various
1.29%
2,495,539.50
2,496,914.78
88.38 4.95%
2,209,412.50
1,388.89
0.79%
(287,502.28)
A2 / A-
AA-
3.46 3.30
931142ER0 Wal-Mart Stores Callable Note Cont 08/17/2026
1.050% Due 09/17/2026
585,000.00 09/08/2021
1.09%
583,894.35
584,234.04
90.15 4.13%
527,356.44
238.88
0.19%
(56,877.60)
Aa2 / AA
AA
3.47 3.33
59217GER6 Metlife Note
1.875% Due 01/11/2027
1,860,000.00 01/03/2022
1.90%
1,857,879.60
1,858,396.35
89.36 5.00%
1,662,049.50
7,750.00
0.59%
(196,346.85)
Aa3 / AA-
AA-
3.79 3.55
87612EBM7 Target Corp Callable Note Cont 12/15/2026
1.950% Due 01/15/2027
1,340,000.00 01/19/2022
1.99%
1,337,722.00
1,338,263.60
92.44 4.13%
1,238,683.94
5,516.33
0.44%
(99,579.66)
A2 / A
A
3.80 3.58
808513BY0 Charles Schwab Corp Callable Note Cont 2/3/2027
2.450% Due 03/03/2027
585,000.00 03/01/2022
2.47%
584,368.20
584,504.52
89.57 5.44%
523,988.60
1,114.75
0.19%
(60,515.92)
A2 / A
A
3.93 3.65
084664CZ2 Berkshire Hathaway Callable Note Cont 2/15/2027
2.300% Due 03/15/2027
2,295,000.00 03/07/2022
2.30%
2,294,563.95
2,294,655.17
94.68 3.76%
2,172,855.51
2,346.00
0.77%
(121,799.66)
Aa2 / AA
A+
3.96 3.72
40139LBF9 Guardian Life Glob Fun Note
3.246% Due 03/29/2027
765,000.00 03/24/2022
3.25%
765,000.00
765,000.00
94.52 4.77%
723,088.71
137.96
0.26%
(41,911.29)
Aa1 / AA+
NR
4.00 3.68
023135CF1 Amazon.com Inc Callable Note Cont 3/13/2027
3.300% Due 04/13/2027
1,750,000.00 04/25/2022
3.34%
1,746,972.50
1,747,538.90
96.76 4.18%
1,693,237.00
26,950.00
0.61%
(54,301.90)
A1 / AA
AA-
4.04 3.67
46647PCB0 JP Morgan Chase & Co Callable Note Cont 4/22/2026
1.578% Due 04/22/2027
500,000.00 08/23/2022
4.85%
449,845.00
456,302.35
89.85 5.21%
449,237.00
3,484.75
0.16%
(7,065.35)
A1 / A-
AA-
4.06 2.90
927804GH1 Virginia Electric Power Corp Callable Note Cont. 4/15/2027
3.750% Due 05/15/2027
1,000,000.00 Various
3.75%
999,773.40
999,806.38
97.00 4.56%
969,987.00
14,166.67
0.35%
(29,819.38)
A2 / BBB+
A
4.13 3.71
14913R3A3 Caterpillar Financial Service Note
3.600% Due 08/12/2027
1,375,000.00 Various
3.89%
1,357,243.75
1,359,249.37
97.84 4.14%
1,345,353.63
6,737.50
0.48%
(13,895.74)
A2 / A
A
4.37 3.97
931142EX7 Wal-Mart Stores Callable Note Cont 09/09/2027
3.950% Due 09/09/2027
1,500,000.00 Various
3.98%
1,498,302.30
1,498,491.97
99.88 3.98%
1,498,164.00
3,620.83
0.53%
(327.97)
Aa2 / AA
AA
4.45 3.96
As of March 31, 2023
35 107
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
89236TKJ3 Toyota Motor Credit Corp Note
4.550% Due 09/20/2027
1,500,000.00 11/22/2022
4.88%
1,479,060.00
1,480,571.01
100.53
4.42%
1,508,004.00
2,085.42
0.54%
27,432.99
A1 / A+
A+
4.48 4.00
023135CP9 Amazon.com Inc Callable Note Cont 11/1/2027
4.550% Due 12/01/2027
1,000,000.00 01/17/2023
4.21%
1,014,400.00
1,013,806.53
101.51
4.18%
1,015,102.00
15,166.67
0.37%
1,295.47
A1 / AA
AA-
4.67 4.05
24422EWR6 John Deere Capital Corp Note
4.750% Due 01/20/2028
2,000,000.00 01/23/2023
4.40%
2,030,780.00
2,029,664.42
102.10
4.26%
2,042,000.00
21,638.89
0.73%
12,335.58
A2 / A
A+
4.81 4.22
06051GGF0 Bank of America Corp Callable Note 1/20/2027
3.824% Due 01/20/2028
3,000,000.00 Various
5.80%
2,824,349.55
2,825,537.13
95.54 5.12%
2,866,212.00
22,625.34
1.03%
40,674.87
A2 / A-
AA-
4.81 3.46
91324PEP3 United Health Group Inc Callable Note Cont 1/15/2028
5.250% Due 02/15/2028
1,500,000.00 02/21/2023
4.90%
1,522,890.00
1,522,416.06
103.98
4.32%
1,559,742.00
10,062.50
0.56%
37,325.94
A3 / A+
A
4.88 4.19
TOTAL Corporate 74,375,000.00 2.38%
74,968,966.65
74,472,984.76 4.75%
71,092,671.90
409,364.72
25.42%
(3,380,312.86)
A1 / A+
A+
2.69 2.39
Money Market Fund
31846V203 First American Govt Obligation Fund Class Y 760,480.95 Various
4.32%
760,480.95
760,480.95
1.00 4.32%
760,480.95
0.00 0.27%
0.00 Aaa / AAA
AAA
0.00 0.00
TOTAL Money Market Fund 760,480.95 4.32%
760,480.95
760,480.95 4.32%
760,480.95
0.00 0.27%
0.00 Aaa / AAA
AAA
0.00 0.00
Supranational
4581X0DZ8 Inter-American Dev Bank Note
0.500% Due 09/23/2024
3,680,000.00 09/15/2021
0.52%
3,677,276.80
3,678,655.79
94.54 4.36%
3,479,016.80
408.89
1.24%
(199,638.99)
Aaa / AAA
NR
1.48 1.44
459058JB0 Intl. Bank Recon & Development Note
0.625% Due 04/22/2025
2,260,000.00 04/15/2020
0.70%
2,251,253.80
2,256,398.06
93.20 4.10%
2,106,277.06
6,238.54
0.75%
(150,121.00)
Aaa / AAA
NR
2.06 2.00
4581X0DN5 Inter-American Dev Bank Note
0.625% Due 07/15/2025
1,685,000.00 01/13/2021
0.53%
1,692,329.75
1,688,731.83
92.65 4.02%
1,561,194.63
2,223.26
0.56%
(127,537.20)
Aaa / AAA
NR
2.29 2.23
459058JL8 Intl. Bank Recon & Development Note
0.500% Due 10/28/2025
6,000,000.00 Various
0.55%
5,986,632.00
5,992,738.20
91.64 3.95%
5,498,160.00
12,750.00
1.96%
(494,578.20)
Aaa / AAA
AAA
2.58 2.51
4581X0DV7 Inter-American Dev Bank Note
0.875% Due 04/20/2026
4,615,000.00 04/13/2021
0.97%
4,593,863.30
4,602,093.42
91.35 3.91%
4,215,747.12
18,059.39
1.50%
(386,346.30)
Aaa / AAA
AAA
3.06 2.95
TOTAL Supranational 18,240,000.00 0.67%
18,201,355.65
18,218,617.30 4.05%
16,860,395.61
39,680.08
6.01%
(1,358,221.69)
Aaa / AAA
AAA
2.38 2.31
As of March 31, 2023
36 108
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
US Treasury
912828V80 US Treasury Note
2.250% Due 01/31/2024
1,000,000.00 Various
2.32%
996,738.29
999,434.28
97.96 4.77%
979,570.00
3,729.28
0.35%
(19,864.28)
Aaa / AA+
AAA
0.84 0.81
912828WJ5 US Treasury Note
2.500% Due 05/15/2024
1,750,000.00 06/10/2019
1.91%
1,798,261.72
1,760,992.95
97.80 4.53%
1,711,445.75
16,557.32
0.61%
(49,547.20)
Aaa / AA+
AAA
1.13 1.08
9128282N9 US Treasury Note
2.125% Due 07/31/2024
2,000,000.00 08/30/2019
1.44%
2,064,531.25
2,017,488.44
97.06 4.41%
1,941,250.00
7,044.20
0.69%
(76,238.44)
Aaa / AA+
AAA
1.34 1.29
912828YH7 US Treasury Note
1.500% Due 09/30/2024
3,500,000.00 Various
1.65%
3,474,941.41
3,492,244.51
95.95 4.32%
3,358,222.00
143.45
1.19%
(134,022.51)
Aaa / AA+
AAA
1.50 1.46
9128283J7 US Treasury Note
2.125% Due 11/30/2024
3,000,000.00 Various
1.76%
3,051,650.40
3,017,366.58
96.64 4.23%
2,899,335.00
21,366.76
1.04%
(118,031.58)
Aaa / AA+
AAA
1.67 1.60
91282CDZ1 US Treasury Note
1.500% Due 02/15/2025
2,000,000.00 05/06/2022
2.92%
1,925,156.25
1,949,316.08
95.27 4.14%
1,905,312.00
3,729.28
0.68%
(44,004.08)
Aaa / AA+
AAA
1.88 1.82
912828ZC7 US Treasury Note
1.125% Due 02/28/2025
3,500,000.00 03/24/2020
0.52%
3,603,222.66
3,540,062.54
94.55 4.11%
3,309,414.50
3,423.91
1.18%
(230,648.04)
Aaa / AA+
AAA
1.92 1.86
91282CED9 US Treasury Note
1.750% Due 03/15/2025
2,000,000.00 03/15/2022
2.00%
1,985,312.50
1,990,422.95
95.65 4.09%
1,912,968.00
1,616.85
0.68%
(77,454.95)
Aaa / AA+
AAA
1.96 1.89
912828ZL7 US Treasury Note
0.375% Due 04/30/2025
4,000,000.00 Various
0.38%
3,998,593.75
3,999,399.57
92.75 4.04%
3,710,000.00
6,298.34
1.32%
(289,399.57)
Aaa / AA+
AAA
2.08 2.03
91282CFE6 US Treasury Note
3.125% Due 08/15/2025
3,000,000.00 Various
4.34%
2,905,703.13
2,919,160.45
98.12 3.96%
2,943,633.00
11,654.01
1.05%
24,472.55
Aaa / AA+
AAA
2.38 2.26
91282CAM3 US Treasury Note
0.250% Due 09/30/2025
2,500,000.00 10/16/2020
0.32%
2,491,406.25
2,495,657.94
91.51 3.84%
2,287,792.50
17.08 0.81%
(207,865.44)
Aaa / AA+
AAA
2.50 2.45
91282CFP1 US Treasury Note
4.250% Due 10/15/2025
10,000,000.00 Various
4.24%
10,002,724.61
10,002,797.04
100.77
3.93%
10,077,340.00
196,153.84
3.65%
74,542.96
Aaa / AA+
AAA
2.55 2.34
91282CBC4 US Treasury Note
0.375% Due 12/31/2025
1,000,000.00 12/29/2020
0.38%
999,921.88
999,957.00
91.15 3.79%
911,484.00
942.68
0.32%
(88,473.00)
Aaa / AA+
AAA
2.76 2.69
91282CBH3 US Treasury Note
0.375% Due 01/31/2026
4,000,000.00 02/23/2021
0.58%
3,960,625.00
3,977,362.65
90.78 3.84%
3,631,092.00
2,486.19
1.29%
(346,270.65)
Aaa / AA+
AAA
2.84 2.77
91282CBQ3 US Treasury Note
0.500% Due 02/28/2026
2,500,000.00 03/26/2021
0.83%
2,459,960.94
2,476,292.96
90.89 3.83%
2,272,167.50
1,086.96
0.81%
(204,125.46)
Aaa / AA+
AAA
2.92 2.84
91282CBT7 US Treasury Note
0.750% Due 03/31/2026
5,000,000.00 Various
0.85%
4,974,804.69
4,984,840.38
91.49 3.78%
4,574,415.00
102.46
1.63%
(410,425.38)
Aaa / AA+
AAA
3.00 2.92
91282CCF6 US Treasury Note
0.750% Due 05/31/2026
2,000,000.00 06/18/2021
0.91%
1,985,000.00
1,990,393.35
90.96 3.81%
1,819,218.00
5,027.47
0.65%
(171,175.35)
Aaa / AA+
AAA
3.17 3.07
As of March 31, 2023
37 109
Holdings Report
City of Dublin - Account #10198
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
91282CCW9 US Treasury Note
0.750% Due 08/31/2026
2,000,000.00 08/30/2021
0.77%
1,998,515.63
1,998,985.49
90.38 3.78%
1,807,500.00
1,304.35
0.64%
(191,485.49)
Aaa / AA+
AAA
3.42 3.31
91282CDG3 US Treasury Note
1.125% Due 10/31/2026
5,000,000.00 Various
1.25%
4,970,498.06
4,978,404.58
91.21 3.77%
4,560,350.00
23,618.78
1.63%
(418,054.58)
Aaa / AA+
AAA
3.59 3.44
912828Z78 US Treasury Note
1.500% Due 01/31/2027
4,500,000.00 Various
2.15%
4,367,285.16
4,393,721.22
92.06 3.74%
4,142,812.50
11,187.85
1.48%
(250,908.72)
Aaa / AA+
AAA
3.84 3.66
91282CEN7 US Treasury Note
2.750% Due 04/30/2027
7,000,000.00 Various
3.55%
6,761,484.38
6,790,627.16
96.38 3.71%
6,746,523.00
80,828.72
2.43%
(44,104.16)
Aaa / AA+
AAA
4.08 3.77
91282CEW7 US Treasury Note
3.250% Due 06/30/2027
9,000,000.00 Various
3.21%
9,018,066.41
9,011,919.19
98.27 3.69%
8,844,606.00
73,529.00
3.17%
(167,313.19)
Aaa / AA+
AAA
4.25 3.90
91282CFM8 US Treasury Note
4.125% Due 09/30/2027
10,000,000.00 Various
3.95%
10,074,062.50
10,069,656.59
101.88
3.67%
10,188,280.00
1,127.04
3.62%
118,623.41
Aaa / AA+
AAA
4.50 4.08
91282CGC9 US Treasury Note
3.875% Due 12/31/2027
10,000,000.00 Various
3.70%
10,078,828.13
10,075,984.60
101.05
3.63%
10,105,080.00
97,410.22
3.63%
29,095.40
Aaa / AA+
AAA
4.76 4.27
TOTAL US Treasury 100,250,000.00 2.47%
99,947,295.00
99,932,488.50 3.87%
96,639,810.75
570,386.04
34.55%
(3,292,677.75)
Aaa / AA+
AAA
3.22 3.01
TOTAL PORTFOLIO 290,965,370.77 2.21%
292,176,525.77
291,080,120.42 4.37%
279,916,489.34
1,410,760.12
100.00%
(11,163,631.08
)
Aa1 / AA
AAA
2.67 2.29
TOTAL MARKET VALUE PLUS ACCRUALS 281,327,249.46
As of March 31, 2023
38 110
Holdings Report
City of Dublin Reporting Account - Account #10219
CUSIP Security Description Par Value/Units Purchase Date Book Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody/S&P
Fitch
Maturity
Duration
LAIF
90LAIF$00 Local Agency Investment Fund State Pool 25,917,595.50 Various
2.88%
25,917,595.50
25,917,595.50
1.00 2.88%
25,917,595.50
166,759.99
24.44%
0.00 NR / NR
NR
0.00 0.00
TOTAL LAIF 25,917,595.50 2.88%
25,917,595.50
25,917,595.50 2.88%
25,917,595.50
166,759.99
24.44%
0.00 NR / NR
NR
0.00 0.00
Local Gov Investment Pool
90CAMP$00 California Asset Mgmt Program CAMP 80,625,561.52 Various
4.92%
80,625,561.52
80,625,561.52
1.00 4.92%
80,625,561.52
0.00 75.56%
0.00 NR / AAA
NR
0.00 0.00
TOTAL Local Gov Investment Pool 80,625,561.52 4.92% 80,625,561.52
80,625,561.52 4.92%
80,625,561.52
0.00 75.56%
0.00 NR / AAA
NR
0.00 0.00
TOTAL PORTFOLIO 106,543,157.02 4.42%
106,543,157.02
106,543,157.02 4.42%
106,543,157.02
166,759.99
100.00%
0.00 NR / AAA
NR
0.00 0.00
TOTAL MARKET VALUE PLUS ACCRUALS 106,709,917.01
As of March 31, 2023
39 111
SECTION |
Section 5 |
Transactions
40 112
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/19/2023 023135CP9 1,000,000.00 Amazon.com Inc Callable Note Cont 11/1/2027
4.55% Due: 12/01/2027
101.440 4.21% 1,014,400.00 6,066.67 1,020,466.67 0.00
Purchase 01/25/2023 24422EWR6 2,000,000.00 John Deere Capital Corp Note
4.75% Due: 01/20/2028
101.539 4.40% 2,030,780.00 4,222.22 2,035,002.22 0.00
Purchase 01/27/2023
91282CGC9 5,000,000.00 US Treasury Note
3.875% Due: 12/31/2027
101.148 3.62% 5,057,421.88 14,450.97 5,071,872.85 0.00
Purchase 01/31/2023
91282CGC9 4,000,000.00 US Treasury Note
3.875% Due: 12/31/2027
100.766 3.70% 4,030,625.00 13,273.48 4,043,898.48 0.00
Purchase 02/10/2023
3130ATUC9 2,240,000.00 FHLB Note
4.5% Due: 12/12/2025
100.738 4.22% 2,256,531.20 27,160.00 2,283,691.20 0.00
Purchase 02/10/2023
3130ATUC9 1,760,000.00 FHLB Note
4.5% Due: 12/12/2025
100.722 4.22% 1,772,707.20 21,340.00 1,794,047.20 0.00
Purchase 02/15/2023
05593AAC3 295,000.00 BMW Vehicle Lease Trust 2023-1 A3
5.16% Due: 11/25/2025
99.998 5.22% 294,992.98 0.00 294,992.98 0.00
Purchase 02/17/2023 91282CEW7 1,000,000.00 US Treasury Note
3.25% Due: 06/30/2027
96.410 4.16% 964,101.56 4,309.39 968,410.95 0.00
Purchase 02/17/2023
91282CGC9 1,000,000.00 US Treasury Note
3.875% Due: 12/31/2027
99.078 4.08% 990,781.25 5,138.12 995,919.37 0.00
Purchase 02/23/2023
91324PEP3 1,500,000.00 United Health Group Inc Callable Note Cont 1/15/2028
5.25% Due: 02/15/2028
101.526 4.90% 1,522,890.00 1,750.00 1,524,640.00 0.00
Purchase 03/13/2023
06051GGF0 1,595,000.00 Bank of America Corp Callable Note 1/20/2027
3.824% Due: 01/20/2028
93.531 5.94% 1,491,819.45 8,979.50 1,500,798.95 0.00
Purchase 03/22/2023
3130ATS57 3,000,000.00 FHLB Note
4.5% Due: 03/10/2028
102.167 4.01% 3,065,010.00 4,500.00 3,069,510.00 0.00
December 31, 2022 through March 31, 2023
As of March 31, 2023
41 113
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Purchase 03/30/2023 06051GGF0 1,405,000.00 Bank of America Corp Callable Note 1/20/2027
3.824% Due: 01/20/2028
94.842 5.64% 1,332,530.10 10,446.96 1,342,977.06 0.00
Subtotal 25,795,000.00 25,824,590.62 121,637.31 25,946,227.93 0.00 TOTAL ACQUISITIONS 25,795,000.00 25,824,590.62 121,637.31 25,946,227.93 0.00
DISPOSITIONS
Sale 01/25/2023
313383QR5 1,500,000.00 FHLB Note
3.25% Due: 06/09/2023
99.396 2.87% 1,490,940.00 6,229.17 1,497,169.17 -10,994.48 Sale 01/27/2023 912828V80 2,500,000.00 US Treasury Note
2.25% Due: 01/31/2024
97.574 2.32% 2,439,355.47 27,513.59 2,466,869.06 -58,933.47 Sale 01/31/2023
912796Z85 3,000,000.00 US Treasury Bill
4.381% Due: 03/28/2023
99.299 4.51% 2,978,962.67 0.00 2,978,962.67 -594.53
Sale 02/10/2023
3137EAEN5 2,000,000.00 FHLMC Note
2.75% Due: 06/19/2023
99.258 2.88% 1,985,160.00 7,791.67 1,992,951.67 -14,004.87 Sale 03/22/2023
3135G05G4 2,350,000.00 FNMA Note
0.25% Due: 07/10/2023
98.600 0.32% 2,317,100.00 1,175.00 2,318,275.00 -32,392.44 Subtotal 11,350,000.00 11,211,518.14 42,709.43 11,254,227.57 -116,919.79 Call 03/05/2023
06051GHF9 2,400,000.00 Bank of America Corp Callable Note 1X 3/5/2023 Due: 03/05/2024
100.000 3.17% 2,400,000.00 0.00 2,400,000.00 0.00
Subtotal 2,400,000.00 2,400,000.00 0.00 2,400,000.00 0.00 December 31, 2022 through March 31, 2023
As of March 31, 2023
42 114
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Maturity 01/30/2023 62479MNW9 5,000,000.00 MUFG Bank Ltd/NY Discount CP
4.42% Due: 01/30/2023
99.227 5,000,000.00 0.00 5,000,000.00 0.00
Subtotal 5,000,000.00 5,000,000.00 0.00 5,000,000.00 0.00 TOTAL DISPOSITIONS 18,750,000.00 18,611,518.14 42,709.43 18,654,227.57 -116,919.79 December 31, 2022 through March 31, 2023
As of March 31, 2023
43 115
Transaction Ledger
City of Dublin Reporting Account - Account #10219
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/15/2023 90LAIF$00 186,902.43 Local Agency Investment Fund State Pool 1.000 2.23% 186,902.43 0.00 186,902.43 0.00 Purchase 01/31/2023 90CAMP$00 312,588.18 California Asset Mgmt Program CAMP 1.000 4.56% 312,588.18 0.00 312,588.18 0.00 Purchase 02/28/2023 90CAMP$00 290,529.41 California Asset Mgmt Program CAMP 1.000 4.75% 290,529.41 0.00 290,529.41 0.00 Purchase 03/31/2023 90CAMP$00 327,187.30 California Asset Mgmt Program CAMP 1.000 4.92% 327,187.30 0.00 327,187.30 0.00 Subtotal 1,117,207.32 1,117,207.32 0.00 1,117,207.32 0.00 Security
Contribution
01/03/2023 90CAMP$00 33,000,000.00 California Asset Mgmt Program CAMP 1.000 33,000,000.00 0.00 33,000,000.00 0.00 Subtotal 33,000,000.00 33,000,000.00 0.00 33,000,000.00 0.00 TOTAL ACQUISITIONS 34,117,207.32 34,117,207.32 0.00 34,117,207.32 0.00
DISPOSITIONS
Security
Withdrawal
01/13/2023 90CAMP$00 9,500,000.00 California Asset Mgmt Program CAMP 1.000 9,500,000.00 0.00 9,500,000.00 0.00 Subtotal 9,500,000.00 9,500,000.00 0.00 9,500,000.00 0.00 TOTAL DISPOSITIONS 9,500,000.00 9,500,000.00 0.00 9,500,000.00 0.00 December 31, 2022 through March 31, 2023
As of March 31, 2023
44 116
Important Disclosures
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As of March 31, 2023
45 117
Benchmark Disclosures
ICE BofA 1-5 Yr US Treasury & Agency Index*
The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.
The ICE BofA 1-3 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.
As of March 31, 2023
46 118
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/19/2023 023135CP9 1,000,000.00 Amazon.com Inc Callable Note Cont 11/1/2027
4.55% Due: 12/01/2027
101.440 4.21% 1,014,400.00 6,066.67 1,020,466.67 0.00
Purchase 01/25/2023 24422EWR6 2,000,000.00 John Deere Capital Corp Note
4.75% Due: 01/20/2028
101.539 4.40% 2,030,780.00 4,222.22 2,035,002.22 0.00
Purchase 01/27/2023
91282CGC9 5,000,000.00 US Treasury Note
3.875% Due: 12/31/2027
101.148 3.62% 5,057,421.88 14,450.97 5,071,872.85 0.00
Purchase 01/31/2023
91282CGC9 4,000,000.00 US Treasury Note
3.875% Due: 12/31/2027
100.766 3.70% 4,030,625.00 13,273.48 4,043,898.48 0.00
Purchase 02/10/2023
3130ATUC9 2,240,000.00 FHLB Note
4.5% Due: 12/12/2025
100.738 4.22% 2,256,531.20 27,160.00 2,283,691.20 0.00
Purchase 02/10/2023
3130ATUC9 1,760,000.00 FHLB Note
4.5% Due: 12/12/2025
100.722 4.22% 1,772,707.20 21,340.00 1,794,047.20 0.00
Purchase 02/15/2023
05593AAC3 295,000.00 BMW Vehicle Lease Trust 2023-1 A3
5.16% Due: 11/25/2025
99.998 5.22% 294,992.98 0.00 294,992.98 0.00
Purchase 02/17/2023 91282CEW7 1,000,000.00 US Treasury Note
3.25% Due: 06/30/2027
96.410 4.16% 964,101.56 4,309.39 968,410.95 0.00
Purchase 02/17/2023
91282CGC9 1,000,000.00 US Treasury Note
3.875% Due: 12/31/2027
99.078 4.08% 990,781.25 5,138.12 995,919.37 0.00
Purchase 02/23/2023
91324PEP3 1,500,000.00 United Health Group Inc Callable Note Cont 1/15/2028
5.25% Due: 02/15/2028
101.526 4.90% 1,522,890.00 1,750.00 1,524,640.00 0.00
Purchase 03/13/2023
06051GGF0 1,595,000.00 Bank of America Corp Callable Note 1/20/2027
3.824% Due: 01/20/2028
93.531 5.94% 1,491,819.45 8,979.50 1,500,798.95 0.00
Purchase 03/22/2023
3130ATS57 3,000,000.00 FHLB Note
4.5% Due: 03/10/2028
102.167 4.01% 3,065,010.00 4,500.00 3,069,510.00 0.00
December 31, 2022 through March 31, 2023
As of March 31, 2023
41 Attachment 2
119
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Purchase 03/30/2023 06051GGF0 1,405,000.00 Bank of America Corp Callable Note 1/20/2027
3.824% Due: 01/20/2028
94.842 5.64% 1,332,530.10 10,446.96 1,342,977.06 0.00
Subtotal 25,795,000.00 25,824,590.62 121,637.31 25,946,227.93 0.00 TOTAL ACQUISITIONS 25,795,000.00 25,824,590.62 121,637.31 25,946,227.93 0.00
DISPOSITIONS
Sale 01/25/2023
313383QR5 1,500,000.00 FHLB Note
3.25% Due: 06/09/2023
99.396 2.87% 1,490,940.00 6,229.17 1,497,169.17 -10,994.48 Sale 01/27/2023 912828V80 2,500,000.00 US Treasury Note
2.25% Due: 01/31/2024
97.574 2.32% 2,439,355.47 27,513.59 2,466,869.06 -58,933.47 Sale 01/31/2023
912796Z85 3,000,000.00 US Treasury Bill
4.381% Due: 03/28/2023
99.299 4.51% 2,978,962.67 0.00 2,978,962.67 -594.53
Sale 02/10/2023
3137EAEN5 2,000,000.00 FHLMC Note
2.75% Due: 06/19/2023
99.258 2.88% 1,985,160.00 7,791.67 1,992,951.67 -14,004.87 Sale 03/22/2023
3135G05G4 2,350,000.00 FNMA Note
0.25% Due: 07/10/2023
98.600 0.32% 2,317,100.00 1,175.00 2,318,275.00 -32,392.44 Subtotal 11,350,000.00 11,211,518.14 42,709.43 11,254,227.57 -116,919.79 Call 03/05/2023
06051GHF9 2,400,000.00 Bank of America Corp Callable Note 1X 3/5/2023 Due: 03/05/2024
100.000 3.17% 2,400,000.00 0.00 2,400,000.00 0.00
Subtotal 2,400,000.00 2,400,000.00 0.00 2,400,000.00 0.00 December 31, 2022 through March 31, 2023
As of March 31, 2023
42 120
Transaction Ledger
City of Dublin - Account #10198
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
Maturity 01/30/2023 62479MNW9 5,000,000.00 MUFG Bank Ltd/NY Discount CP
4.42% Due: 01/30/2023
99.227 5,000,000.00 0.00 5,000,000.00 0.00
Subtotal 5,000,000.00 5,000,000.00 0.00 5,000,000.00 0.00 TOTAL DISPOSITIONS 18,750,000.00 18,611,518.14 42,709.43 18,654,227.57 -116,919.79 December 31, 2022 through March 31, 2023
As of March 31, 2023
43 121
Transaction Ledger
City of Dublin Reporting Account - Account #10219
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 01/15/2023 90LAIF$00 186,902.43 Local Agency Investment Fund State Pool 1.000 2.23% 186,902.43 0.00 186,902.43 0.00 Purchase 01/31/2023 90CAMP$00 312,588.18 California Asset Mgmt Program CAMP 1.000 4.56% 312,588.18 0.00 312,588.18 0.00 Purchase 02/28/2023 90CAMP$00 290,529.41 California Asset Mgmt Program CAMP 1.000 4.75% 290,529.41 0.00 290,529.41 0.00 Purchase 03/31/2023 90CAMP$00 327,187.30 California Asset Mgmt Program CAMP 1.000 4.92% 327,187.30 0.00 327,187.30 0.00 Subtotal 1,117,207.32 1,117,207.32 0.00 1,117,207.32 0.00 Security
Contribution
01/03/2023 90CAMP$00 33,000,000.00 California Asset Mgmt Program CAMP 1.000 33,000,000.00 0.00 33,000,000.00 0.00 Subtotal 33,000,000.00 33,000,000.00 0.00 33,000,000.00 0.00 TOTAL ACQUISITIONS 34,117,207.32 34,117,207.32 0.00 34,117,207.32 0.00
DISPOSITIONS
Security
Withdrawal
01/13/2023 90CAMP$00 9,500,000.00 California Asset Mgmt Program CAMP 1.000 9,500,000.00 0.00 9,500,000.00 0.00 Subtotal 9,500,000.00 9,500,000.00 0.00 9,500,000.00 0.00 TOTAL DISPOSITIONS 9,500,000.00 9,500,000.00 0.00 9,500,000.00 0.00 December 31, 2022 through March 31, 2023
As of March 31, 2023
44 122
STAFF REPORT
CITY COUNCIL
Agenda Item 4.7
DATE: May 16, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with California Automotive Retailing Group, Inc. for General Motors Dealer Community Charging Program at Don Biddle Community Park Prepared by: Andrew Russell, Public Works Director, and Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with California Automotive Retailing Group, Inc. to allow for the construction, installation, and operation of electric vehicle charging stations at Don Biddle Community Park.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with California Automotive Retailing Group, Inc. for the General Motors Dealer Community Charging Program.
FINANCIAL IMPACT:
There is no impact to the General Fund associated with the construction and installation of the electric vehicle (EV) chargers for the first five years of the agreement term. California Automotive Retailing Group, Inc., will bear the construction and installation costs, as well as the operations and maintenance costs for five years after installation. At the end of the five years, the City would assume maintenance and operation of the chargers. Certain ongoing City costs are offset by revenues received from fees charged to users of the EV chargers.
DESCRIPTION:
On February 21, 2023, the City Council authorized Staff to proceed negotiating with the California Automotive Retailing Group, Inc. (Dealer) to provide electric vehicle (EV) charging stations at a City of Dublin facility, in accordance with and subject to the conditions of the General Motors Community Charging Program (Program). The Program seeks to install 40,000 Level 2 EV charger stations in GM dealers’ communities across the United States and Canada. These EV charger stations are publicly available to all EV customers, not just those that purchase a GM EV. The 123
Program chargers are manufactured by FLO and EV customers will need a FLO account or app to receive service at the chargers.
The Program requires participating GM dealers to enter into a Site Hosting Agreement (Agreement) with the owner of the property where the EV chargers will be installed and operated.
The Dealer and Staff drafted an Agreement (Attachment 2) that allows the Dealer to install five dual-port EV charging stations at Don Biddle Community Park in the parking lot along Horizon Drive. The Agreement requires the Dealer to obtain and pay for all necessary permits and approvals for the EV charging station installation. The minimum term of the Agreement is ten years. The Dealer is responsible for the maintenance, repair, and replacement of the EV chargers for the first five years, after which the City assumes these responsibilities.
The Dealer has proceeded at risk with assembling a design and construction team which has prepared construction drawings and applied for a building permit. The Dealer has also ordered the five dual-port charging stations from GM, with the goal of entering into the Agreement with the City and completing installation of the EV chargers by July 1, 2023.
Charger Branding
The Program stipulates that the EV chargers include only GM, Dealer, and FLO. GM will not allow other branding, such as a City of Dublin logo. The branding design for the EV chargers proposed for Don Biddle Community Park has not been completed. A GM representative provided an example EV charger panel and indicated similar branding design for this project.
Data Collection, Use, and Privacy
The Agreement, Section 13. Data Collection, provides that GM, the Dealer, and FLO, may collect usage data supplied from the EV chargers during the term of the agreement. The City will have access to EV charger data as supplied by FLO through the Site Host account on the FLO web portal.
According to the terms and conditions of FLO, the City will have access to the following information through the web portal:
Display showing status of each Park (a subgroup of EV charging stations connected to the same communications gateway).
124
Display showing status of each Charging Station.
Access to Park and Charging Station usage data, including energy consumption, charging duration and monetary transactions, with the ability to set date ranges for reporting and export data as a .CSV file.
Ability to set Charging Fees, subject at all times to applicable law. Ability to authorize private access by Owner's designates to the Charging Station through the Owner’s Web Portal by adding Access Cards or mobile application credentials in the memory of the Charging Station.
Remote configuration of Charging Station, including remote troubleshooting and remote restart.
EV owners that want to use the FLO chargers must create a FLO User Account, which requires the provision of first name, last name, email address, and user-chosen password. The user must also agree to FLO’s Drivers Terms of Use. To use a FLO charger that requires a charging fee, FLO users must deposit a minimum of $10 into their FLO User Account, using a Visa, Mastercard, or American Express credit card. FLO Users can initiate a charging session using the FLO Mobile App, which is subject to FLO’s terms and the terms of Apple’s App Store or Google’s Play Store, an optional FLO Access Card (RFID card) linked to their account, or by calling a toll-free number on the charging station and providing their FLO member number. Receipts for the charging sessions are only provided to the email address specified in the FLO User Account. No physical receipt option is available, which is consistent with the City’s other EV chargers and is the industry standard.
According to the FLO Privacy Policy, FLO may collect the following personal information from FLO Users:
your name;
your address;
your date of birth;
your email address;
your phone number;
your use of the FLO Network, such as your power consumption, the date of use, your geolocation and other similar information;
your electric vehicle model;
identifiers such as cookies, IP addresses, and mobile device IDs that recognize individuals over time and across different websites or online services, where those identifiers can be reasonably linked to an identifiable individual; and
details about problems using the FLO Network you may have experienced. Use subheadings to separate information for complicated items. Sub-headings should be underlined, not bolded or all caps.
The FLO Privacy Policy also indicates that FLO can collect data or record communications when users contact FLO via telephone, websites, email, and through the FLO App. The current FLO Drivers Terms of Use and FLO Privacy Policy is included as Attachment 4. 125
STRATEGIC PLAN INITIATIVE:
Strategy 3: Infrastructure Maintenance and Reinvestment Objective 3E: Continue to implement measures identified in the Climate Action Plan.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving An Agreement with California Automotive Retailing Group, Inc. for the General Motors Community Charging Program
2) Exhibit A to the Resolution – Site Hosting Agreement with California Automotive Retailing Group, Inc.
3) General Motors Dealer Community Charging Guidelines
4) FLO Driver Terms of Use and Privacy Policy
5) City Council Staff Report dated February 21, 2023 (without attachments) 126
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH CALIFORNIA AUTOMOTIVE RETAILING GROUP, INC. FOR THE GENERAL MOTORS DEALER COMMUNITY CHARGING PROGRAM WHEREAS, the City Council of the City of Dublin adopted the City of Dublin Climate Action Plan 2030 and Beyond (CAP 2030) on September 15, 2020, and CAP 2030, Measure SM-2, Develop an Electric Vehicle Infrastructure Plan, includes a goal to add 184 new publicly accessible EV chargers in Dublin by 2030; and
WHEREAS, General Motors (GM) Dealer Community Charging Program was announced in late 2021 and seeks to install up to 40,000 Level 2 electric vehicle (EV) charging stations across the United States and Canada at key locations in GM dealers’ respective communities, including workplaces, multi-unit dwellings, sports and entertainment venues and college and universities, among others; and
WHEREAS, in furtherance of the GM Dealer Community Charging Program, California Automotive Retailing Group, Inc. (Dealer) desires to install electric vehicle (EV) charging stations at Don Biddle Community Park; and
WHEREAS, the GM Dealer Community Charing Program requires a Site Hosting Agreement between the City and the Dealer for the Dealer to install five dual-port EV charging stations at Don Biddle Community Park; and
WHEREAS, the City and Dealer desire to enter into the Site Hosting Agreement to allow the Dealer to install the five dual-port EV charging stations at Don Biddle Community Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with California Automotive Retailing Group, Inc., attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
127
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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1 Attachment 2
SITE HOSTING AGREEMENT
BETWEEN
City of Dublin
AND
California Automotive
Retailing Group, Inc.
PARTIES:
This Site Host Agreement (“Agreement”), dated this 17th day of May 2023 (“Effective Date”) is made by and between the City of Dublin hereinafter referred to as “Site Host” or “City”, and California Automotive Retailing Group , Inc. hereinafter referred to as “Dealer.” Site Host and Dealer may be collectively referred to herein as “Parties.” RECITALS:
WHEREAS, General Motors (GM) Dealer Community Charging Program was announced in late 2021 and seeks to install up to 40,000 Level 2 electric vehicle (EV) charging stations across the United States and Canada at key locations in GM dealers’ respective communi ties, including workplaces, multi-unit dwellings, sports and entertainment venues, and college and universities.
Under the Program, EV charging stations are available to all EV customers, not just those who purchase a GM EV; and
WHEREAS, in furtherance of the GM Dealer Community Charging Program, Dealer desires to install electric vehicle (EV) charging stations at a City facility; and WHEREAS, on May 16, 2023, the City Council of the City of Dublin approved this Agreement to authorize the Dealer to install EV charging stations at Don Biddle Community Park located in the City; and
In consideration of the mutual promises and covenants in this Agreement, the Parties agree to the terms as follows:
TERMS AND CONDITIONS:
1. TERM. This Agreement shall commence on the Effective Date and shall continue for ten (10) years or until the EV charging stations have reached the end of their useful life and are removed from the Project Site, whichever is longer, unless earlier terminated pursuant to Section 9 below.
2. PERMITS AND APPROVALS. Dealer is responsible for obtaining all permits and approvals required for the installation of the EV charging stations. Dealer is also responsible for paying any applicable fees associated with said permits and approvals.
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3. INSTALLATION. Dealer shall install five (5) dual port EV charging stations at Don Biddle Community Park (“Project Site”) in the locations described and depicted on Exhibit A. Chargers shall be installed in the dual (side-by-side) format substantially similar to either Figure 1 or Figure 2 shown on Exhibit A. Site Host may mark (e.g. paint) and enforce the parking spaces as “EV Parking Only.”
4. MAINTENANCE. Dealer, at Dealer’s sole cost, shall be responsible for maintenance, repair, and replacement of all EV charging for five (5) years from the date the City issues a notice of completion for the installation work (“Dealer Maintenance Period”). City, at City’s sole cost, shall be responsible for maintenance, repair, and replacement of the EV charging stations for five (5) years from the date of expiration of the Dealer Maintenance Period (“City Maintenance Period”). Dealer, at Dealer’s sole cost, is responsible for any removal of the EV charging stations during the Dealer Maintenance Period and upon termination or expiration of this Agreement. City, at City’s sole cost, is responsible for the removal of the EV charging stations during the City Maintenance Period.
5. LICENSE. During the Dealer Maintenance Period, Site Host hereby grants a revocable, non- exclusive license to General Motors LLC (“GM”), Dealer, Charge Station Operator (“CSO”), and installer (CSO and installer may be the same entity) (collectively, “Licensees”) permitting the Licensees, during hours when the Project Site is open to the public, the right to enter upon the Site Host’s property for any purpose related to the installation, inspection, repair, removal, and/or maintenance of any charger installed pursuant to this Agreement. After the expiration of the Dealer Maintenance Period, Licensees shall obtain Site Host permission or right-of-entry prior to entering upon Site Host’s property for any purpose related to the installation, inspection, repair, removal, and/or maintenance of any charger installed pursuant to this Agreement.
6. Relocation. Site Host shall have the right to relocate the EV charging stations within the Project Site if projects or infrastructure improvements are made that require relocation at the Site Host’s sole discretion.
7. INSURANCE.
a. CITY INSURANCE. For the period of time during which any charger provided in connection with the Dealer Community Charging Program is installed on the property of the Site Host, the Site Host shall maintain commercial general liability insurance against personal injury, bodily injury, and prope rty damage in an amount not less than $1,000,000 per occurrence.
b. DEALER INSURANCE. During the Term of this Agreement, Dealer shall maintain the following insurance policies and coverage amounts to cover Dealer’s installation, data collection, maintenance, and removal activities on the Project Site:
i. Dealer, 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 o f this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work/activities contemplated by this Agreement.
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ii. Dealer 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 Dealer at the Project Site .
The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident.
iii. Policy Requirements. Dealer shall provide the City with certificates of insurance evidencing the above coverage prior to commencing installation of the EV charging stations. Dealer shall name City as an additional ins ured on all policies. Dealer’s coverage shall be primary insurance with respect to the City and any City insurance shall not be required to contribute. Dealer waives any claim of subrogation against City. Dealer shall ensure (or shall have modified by endo rsement to ensure) that any policy with a self -insured retention does not include a prohibition on an additional insured paying said retention.
8. INDEMNIFICATION. To the fullest extent permitted by law, Dealer shall defend, indemnify and hold the Site Host harmless from all claims, costs (including reasonable attorneys’ fees), damages, judgments, liabilities or cause s of action arising out of any injury to person, or persons, or damage to real or personal property arising out of Dealer, its employees, contractors, or agents’ performance of any work/activities contemplated by this Agreement , including collection of usage data and Personally Identifiable Information, and/or any failure or malfunction of the EV chargers or EV charging stations.
Dealer’s obligation under this section does not extend to that portion of a claim caused by the negligence or willful misconduct of the City or its agents, officers or employees.
9. TERMINATION. Either Party may terminate this Agreement upon thirty (30) days’ prior written notice to the other Party.
10. COSTS FOR USE. The Site Host may elect to charge EV charging station users a n EV Charging Fee as part of the City’s fee schedule. Such Fee will cov er the cost of electrical power to the charging station and will be commensurate with such costs to the City. Such Fee may be adjusted annually. City shall comply with applicable state and local laws, regulations, and taxes governing the providing of charging to the public, whether given as a free service or charging the consumer.
11. COST OF INSTALLATION/REMOVAL OF EV CHARGING STATIONS. Prior to and during the Dealer Maintenance Period, Dealer shall be responsible for the cost of installation of any charger provided in connection with the Dealer Community Charging Program as well as the removal of any such charger. Removal of the charger may be required if it is broken, damaged or upon the terms set forth in Section 4 of this Agreement. Dealer shall remove all chargers in a safe and professional manner, and in accordance with all applicable local, state, and federal laws and regulations.
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12. BRANDING. Site Host (or any other party) may not rebrand the chargers for any reason. If the branding signage or markings on EV charging stations becomes inaccurate, outdated, or worn during the Term of this Agreement, Site Host may request and Dealer shall replace, refurbish, or rebrand such branding signage or markings for the EV chargin g stations.
C O N T I N U E D U S E A F T E R U S E F U L L I F E . A f t e r t h e T e r m o f t h i s A g r e e m e n t , Site Host may work directly with the manufacturer of the charging stations to continue with new charging stations after the useful life (estimated at 10 years) of the original charging stations, at its discretion.
13. DATA COLLECTION. In accordance with applicable California and federal consumer privacy laws and regulations, Dealer, FLO, and GM may collect usage data supplied from the EV chargers during the Term of the Agreement , as needed and required. For example, the Dealer will be able to collect data from the chargers that are supplied to the Site Host only, while GM will be able to collect data from all chargers provided in the Dealer Community Charging program. Site Host shall have access to customer data supplied by the EV chargers as needed and Dealer shall be obligated to assist Site Host with obtaining necessary data or facilitating assistance in addressing issues with functionality including contacting the EV charger manufacturer.
14. CONTACT AND NOTICES. Any notice or request required or authorized to be given by the terms of this Agreement or under any applicable law by either party shall be in writing, hand delivered or sent by certified or registered mail postage prepaid, return receipt requested. Such written notice shall be addressed as follows:
As to the Site Host: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
With Site Host Copy to: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Public Works Director
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As to the Dealer: California Automotive Retailing Group, Inc. 4200 John Monego Court
Dublin, CA 94568
Attn: Inder Dosanjh
Either party may, by subsequent written notice, designate a different address or party for receiving notice.
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.
SIGNATURES:
DEALER: SITE HOST:
California Automotive Retailing Group, Inc. CITY OF DUBLIN
________________________ ______________________
By: By:
Inder Dosanjh, President Linda Smith, City Manager
_______________________
By:
Marsha Moore, City Clerk
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6 Attachment 2
EXHIBIT A
Diagram of EV Charging Station Locations
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1 Dealer Community Charging Guidelines
Table of Contents
2022 Dealer Community Charging Program Introduction ........................................................................ 3 Program Goal ............................................................................................................................................. 3 Program Overview ................................................................................................................................... 3 Program Eligibility ................................................................................................................................... 4 Program Enrollment ................................................................................................................................ 4 Dealer Community Charging Online Enrollment Process............................................................ 4 Site Submission and Approval .............................................................................................................. 4 Program Cost Responsibilities ............................................................................................................. 5 Dealer Participation Cost ....................................................................................................................... 6 Charger Distribution ................................................................................................................................ 6 Eligible Locations and Location Guidelines ..................................................................................... 7 Minimum Site Host Requirements ...................................................................................................... 8 Indemnification for Claims related to Site Host Property .......................................................... 11 Cost for Install and Potential Electricity Upgrades ...................................................................... 11 Dealer Community Charging Roles & Responsibilities .............................................................................. 11 Installer Qualifications ........................................................................................................................... 11 Marketing and Advertising .................................................................................................................. 12 Attachment 3
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2 Charger Specifications ......................................................................................................................... 13 Charge Point Operator ......................................................................................................................... 14 End of Program Life Details ................................................................................................................ 14 Cancellation ............................................................................................................................................. 14 Reviews and Audit .................................................................................................................................. 15 Tax Liability .............................................................................................................................................. 15 Amendments/Terminations ................................................................................................................ 15 Dealer Suspension or Termination ................................................................................................... 16
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3 2022 Dealer Community Charging Program Introduction
Program Goal
By collectively combining investments from GM, our Dealers, and community stakeholders, the GM Dealer Community Charging Program is designed to deploy up to 40,000 AC Level 2 destination chargers at popular locations and workplaces in local communities over the next few years. The GM Dealer Community Charging Program (“DCC”, “GM DCC” or this “Program”) provides the following benefits for the areas surrounding Dealers that choose to participate:
Accelerate charging infrastructure in publicly accessible areas within communities that lend to high dwell time (i.e. vehicles parked for a few hours or more) scenarios (e.g. sports/entertainment venues, campuses, hospitals, hotels, multi -unit dwellings, golf courses, country clubs, etc), with a focus on underserved areas, aka “charging deserts.”
Build on the relationships that GM Dealers have developed in their communities to grow charging infrastructure now to help accelerate EV adoption
Participation in the GM Dealer Community Charging Program is VOLUNTARY for those Dealers with an active and executed Chevrolet or GMC Electric Vehicle Models Participation Agreement.
Likewise, all Cadillac Dealers in compliance with Cadillac’s EV readiness requirements are eligible to participate. Eligibility is determined in the sole discretion of GM.
Program Overview
Participating GM Dealers may be eligible to receive up to 10 AC Level 2 chargers. Each GM Dealer, as defined by BAC, may be eligible to receive up to 10 charger s depending on GM’s remaining community charger inventory at the time a Dealer enrolls in the program. The chargers will be distributed on a first come, first serve basis, and every Dealer may not receive 10 chargers depending on charger availability.
Eligible location (site host) guidance may be provided upon request to help Dealer target ideal location s for chargers within their assigned geogr aphy. This guidance will give general areas of higher dwell time within a Dealer’s assigned geography, but Dealer will still need to receive express written approval from GM for the suggested location(s). The guidelines mentioned below in “Guidelines for ideal locations” will still need to be followed, despite the recommended locations. For example, there may be places within the suggested location that are not well lit, may not be visible from a road or parking lot, etc. The suggested locations simply imply that the desired dwell time for vehicles has been met, but could still be lacking in other requirements.
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4 Approved third parties may take reasonable measures to ensure compliance with the Dealer Community Charging Program guidelines. GM reserves the right to amend, modify, suspend, or cancel this program in its sole discretion at any time.
Program Eligibility
Dealers with an active and executed Chevrolet or GMC Electric Vehicle Models Particip ation Agreement are eligible to participate in the GM Dealer Community Charging Program. Likewise, all Cadillac Dealers in compliance with Cadillac’s EV readiness requirements are eligible to participate. The chargers will be allocated based on BAC, and each BAC will be eligible for up to 10 chargers, depending on availability at the time of enrollment. Dealers must be in compliance with all requirements to be eligible. Eligibility is determined in the sole discretion of GM.
This program is VOLUNTARY, and each Dealer must determine whether it wishes to participate in the GM Dealer Community Charging Program itself.
Program Enrollment
The open enrollment period for the 2022 GM Dealer Community Charging program for Participating Chevrolet Dealers is September 12th – October 12th, 2022 (subject to change at sole discretion of GM). GM Dealers will receive a GM Global Connect message at the start of open enrollment.
Dealers that wish to participate in the Program must complete the enrollment process. If you do nothing, you will not be enrolled in the DCC Program.
NOTE: There is no enrollment fee to participate in the GM Dealer Community Charging Program at this time. Eligible Dealers that do not enroll during the 2022 GM Dealer Community Charging open enrollment period will still have an opportunity to enroll in the program during open enrollment periods in subsequent years. Please contact your Zone Manager , Electric Vehicle Operations Manager (EVOM), or Electric Vehicle Retail Manager (EVRM) for details on how to enroll after the open enrollment period concludes.
Dealer Community Charging Online Enrollment Process
To enroll in the 2022 Program during the open enrollment period, follow these steps:
1. Go to GM GlobalConnect
2. Login (using current GC login/password)
3. Click on the Dealer Community Charging app within Global Connect
4. Review the 202 2 Dealer Community Charging Guidelines and check the box to accept terms
Site Submission and Approval
Pre-approval, by GM in writing, is required before Dealer can start the installation process with its site host. Dealer will need to have a written agreement with the site host to allow installation 138
5 of chargers to take place, and will upload its site host address (es) and business name(s) along with proposed charger location(s).
Steps:
1. Go to GM GlobalConnect (link below)
https://dealer.autopartners.net/portal/us/Pages/default.aspx
2. Login (using current GC login/password)
3. Click on the Dealer Community Charging app within Global Connect
4. Type in all required information, including site host address, business name, and contact information
5. Upload official Dealer logo for purpose of branding on the charger pedestal
6. Upload proposed location of chargers, including photos and number of chargers to be installed at that location
7. Submit for approval (Will be reviewed by the EV Operations Mana ger for Chevrolet, Buick/GMC and by the Dealer Performance Manager Team for Cadillac standalone stores.
The Dealer Community Charging team will be the final reviewer before the site is officially approved.) Once site host and charger location h ave been approved, Dealer must enter into separate agreement with Flo, who is the charging station operator (CSO). The CSO agreement shall consist of payment for the pedestal(s), cable management, operations & maintenance and networking for the chargers (for 5 years), warranty for 3 years (Dealer may request to up the warranty period to a maximum of 5 yea rs at additional cost , if desired), and Dealer branding as described in the “Dealer participation cost” section below. The payment shall be made to Flo. Other terms and conditions may be agreed upon between Dealer and Flo as necessary. Flo will not ship the chargers to the Dealer until Dealer has paid Flo for its portion of the cost. Dealer will be required to store the equipment until installation occurs.
Dealer expressly consents and authorizes GM to use and share with third parties any data or other information submitted by Dealer to GM in connection with this Program for purposes reasonably necessary to the administration and operation of the Program as set forth in these guidelines.
Program Cost Responsibilities
See below for how program costs will be delegated:
GM: GM will pay for the cost of the AC Level 2 charger and shipping to the Dealer location.
Dealer: Dealer shall pay all costs associated with charger maintenance and connectivity to Flo for a period of five (5) years from the date of installation of the pedestal mount, 3 years of warranty (can extend warranty to 5 years at additional cost, if desired), cable management, and branding. See “Dealer participation cost” section for more details.
Upon expiration of this five-year period, Dealer agrees that it will either execute a cost sharing agreement with the site host ensuring continuity of the charger for the remainder of its useful 139
6 life, or if Dealer does not have such an agreement in place , Dealer agrees that it is Dealer’s sole responsibility to ensure the charger is maintained and i n good working order for the remainder of its useful life (not to exceed 10 years). Dealer agrees to ensure removal of the charger should it no longer be maintained, or if it becomes inoperable for any reason.
Dealer Participation Cost
Each Dealer will be provided up to 10 chargers during the program, based on BAC code.
Note: Please see Figure 3 for a picture of how the chargers will be configured at the site host location, shown in the dual side by side configuration (i.e., two chargers to one pedestal ).
Therefore, if a Dealer elects to get 10 total chargers, this will result in 5 dual side by side charging configurations.
Each Dealer that elects to participate in the program will be solely responsible for the cost of each dual side by side pedestal. The estimated price for a single pedestal is shown below. If, for example, the Deale r elects to receive 10 total chargers, then the Dealer agrees that it will purchase 5 pedestals at 5 times the cost shown below.
In addition to the cost of the pedestal(s), each Dealer that elects to participate in the program shall also be responsible for 5 years of global management services plus 3 years of warranty plus services for each dual side by side charging system, the cost of which is shown below.
✓ Core+ pedestal mount for chargers – $480
✓ Core+ pedestal anchor kit – $96
✓ Core+ bracket, side by side configuration (1 bracket per side – 2 total) – $250 ✓ Cable management system for wall and pedestal mount – $766 ✓ Dealer Branding (2 signs, front and back of pedestal) (Dealer will have ability to advertise on the pedestal per program guidelines.) – $330
✓ Global management service for 5 years (i.e. charger networking & maintenance) ( for 2 chargers on one pedestal, $300 per year) – $1,500
✓ Warranty Plus for 3 years (for 2 chargers on one pedestal, $360 per year) – $1,080
Total Dealer participation cost = $4,502 per dual side by side pedestal . Therefore, for 10 chargers (i.e., 5 dual side by side pedestal charging stations), the total Dealer investment would be approximately $22,510. Payment for these costs will be made directly by each participating Dealer to Flo.
Charger Distribution
Each Dealer may be provided up to 10 chargers total for the duration of the program, based on BAC code and depending on community charger inventory . Dealers need to select an even number of chargers up to the 10 total (e.g. 2, 4, 6, 8, or 10). If demand exceeds supply for chargers, and if the Dealer receives less than the requested number of chargers, the Dealer may 140
7 enroll in the following year’s open enrollment period to request the remaining balance of chargers, not to exceed ten (10) total chargers for the duration of the program.
For example, if the Dealer requested a total of 10 chargers in an enrollment period, and the maximum number of chargers received is six (6) (e.g. due to increased charger demand, supply chain constraints, or any other factors), the Dealer will be able to request the remaining four (4) chargers during the next enrollment period the following year . The program is slated to run through 2025, but may be extended, modified and/or enhanced per GM discretion.
Chargers shall be mounted in the dual pedestal format (i.e. two chargers to one pedestal). The minimum number of chargers for a selected location is two. Having at least two charging stations in any one location better promotes to customers that charging is available verses only having one standalone charger.
Eligible Locations and Location Guidelines
Dealers must select locations to install chargers only within their Area of Primary Responsibility (APR) for Single Dealer Area Dealers or in the Dealer’s Area of Geographic Sales and Service Advantage (AGSSA) for Multiple Dealer Area Dealers. If the Dealer has more than one GM brand, then it will default to its smallest divisional AGSSA for Multiple Dealer Area Dealers.
For example, if a Dealer has executed a Dealer Sales and Servic e Agreement for Chevrolet and another Dealer Sales and Service Agreement for Cadillac, and the Chevrolet AGSSA is smaller than its Cadillac AGSSA, the Chevrolet AGSSA will be the determining territory in which to choose an appropriate site host(s).
A Dealer may not install the chargers it receives through the DCC program on Dealer premises, Dealer owned or affiliated businesses (without express permission of GM), or any location used exclusively for residential purposes. Note that this does not exclude locations designated for mixed use development (e.g., a building with ground floor retail and residential units on the higher floor). An exception may be granted for prominent multi -unit dwellings without ground floor retail , provided the building has high visibility and may be key locations in more urban settings.
Recommended locations include, but are not limited to:
Schools/Universities/Colleges
Hotels
Mixed use multi-unit dwellings
Sports and entertainment venues
Parks
Grocery stores
Shopping Malls
Workplaces
Golf Courses
Country Clubs
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8 Guidelines for Ideal Locations:
Chargers must be in a well-lit area and easily accessible Must be compliant with the Americans with Disabilities Act (ADA) and provide appropriate accessibility.
Must be visible from a road or parking lot (if chargers are placed in the back of a grocery store, stadium, &/or shopping mall, the chargers need to be visible. If the back of the location only has a small strip of asphalt, and no other throughput, or is backed by a visual barrier (e.g. fence), then that location wouldn’t be eligible. If, however, the back of the building has wide visibility and accessibility, then the location may be acceptable.) Location should not have any non-DCC program chargers installed on the premises (e.g.
Tesla Superchargers, other existing chargers) . Note: If there are already chargers present at a site host location, an exception may be made on a limited basis in the sole discretion of GM.
Chargers should ideally be placed in areas that don’t currently have access to charging stations (aka “Charging Deserts”).
Customer will ideally park his/her vehicle at these locations for a few hours or more.
Dealer must ensure that such activity is permissible.
Chargers will be set up in the dual pedestal format (e.g. two chargers to one pedestal) Ideal setup for the dual pedestal format includes having parking spaces that back up to a curb &/or grass area. See Figure 1 below for more details.
Note: GM reserves the right to either approve or reject a site host submission at its discretion.
The Dealer is solely responsible for complying with all applicable laws and regulations relating to sites, or advertising at locations. This includes any notice requirements required under state law.
It is the responsibility of the Installer and the Site Host to obtain any necessary permit(s) or license(s) and assume liability for Dealers’ participation.
Note: Cooperation and collaboration with states, municipalities, and local utilities is encouraged to target best locations, provided they meet the criteria described above.
Minimum Site Host Requirements
Each participating Dealer shall work directly with the site host to negotiate and execute a written and mutually agreeable contract governing the placement of chargers on the site host’s property (“Site Host Agreement”).
The Site Host Agreement must include language substantially similar to the following terms:
1. For the period of time during which any charger provided in connection with the Dealer Community Charging Program is installed on the property of the Site Host, Site Host hereby grants an irrevocable license to General Motors LLC (“GM”), the GM Dealer, Charge Station Operator (“CSO”), and installer (CSO and installer may be the same entity) (collectively, “Licensees”) permitting the Licensees, during reasonable hours, the right to enter , without notice, upon the 142
9 Site Host’s property for any purpose related to the installation, inspection, repair, removal, and/or maintenance of any charger provided in connection with the Dealer Community Charging Program.
2. For the period of time during which any charger provided in connection with the Dealer Community Charging Program is installed on the property of the Site Host, the S ite Host shall maintain commercial general liability insurance against personal injury, bodily injury, and property damage in an amount not less than $1,000,000 per occurrence.
3. Chargers shall be installed in the dual (side-by-side) format substantially similar to either Figure 1 or Figure 2 below . It is recommended, but not required that Site Host mark (e.g. paint) and enforce the parking spaces as “EV Parking Only.” Chargers must be in a well -lit area and easily accessible, as well as compliant with the Americans with Disabilities Act (ADA) and provide appropriate accessibility.
4. For the first 5 years following installation of a charger provided in connection with the Dealer Community Charging Program (“Charger”), the Dealer shall be responsible for the cost of operation, repair, and maintenance of the Charger. For the following 5 years, t he Site Host shall be responsible for these costs, up to the useful life of the chargers (estimated to be 10 years).
5. For the duration of the life of the charger(s), the site host shall provide reasonably safe and adequate facilities for EV electrical charging services, as site conditions require. For example, site conditions may require that the charger(s) be installed in suitable enclosures and shall be protected from accidental contact by unauthorized personnel, or by vehicular traffic, or by accidental sp illage or leakage from piping systems. As further example, this may also require the use of bollards in front of the chargers and/or wheel guards as necessary.
6. The Site Host may be able to monetize the chargers. Dealer and Site Host are responsible for complying with any applicable federal, state, and local laws, regulations, and taxes governing the providing of charging to the public, whether given as a free service or charging the consumer. Dealer and Site Host should consult with their respective tax advisors and/or attorneys, as necessary.
7. Site Host shall be responsible for the cost of installation of any charger provided in connection with the Dealer Community Charg ing Program as well as the removal of any such charger. The removal of the charger may be required in GM’s sole discretion if it is broken or after the useful life of the charger (estimated at 10 years) , whichever occurs first . Site Host further agrees that removal of a charger shall be conducted in a safe and professional manner, and in accordance with all applicable local, state, and federal laws and regulations. The charger must then be properly disposed of (preferably recycled.
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10 8. Site Host (or any other party) may not rebrand the chargers for any reason unless GM, in its sole discretion, agrees to the change in writing.
9. Site Host and Dealer provide their express , written consent that Dealer, Flo, any other third-party vendor chosen by GM and reasonably necessary for this program, and GM may collect and share all data supplied from the DCC chargers, as needed and required.
10. Site Host and Dealer cannot obligate or bind GM to any additional obligation or responsibility not specifically identified by this program guide or otherwise agreed to in writing.
11. Site Host and Dealer may not resell any equipment provided by GM as part of this program. All equipment must either be return ed to GM, recycled, or disposed of properly.
12. Site Host and Dealer may only use trademarks, trade dress, and branding approved by GM. Site Host and Dealer may not authorize any other party to use any GM trademarks, trade dress, or branding.
Figure 1
Figure 2
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11 Indemnification for Claims related to Site Host Property By enrolling in this program, Dealer expressly and unconditionally agrees to indemnify and hold General Motors LLC (“GM”), its parent companies, subsidiaries, officers, agents and employees harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising o ut of any claim or lawsuit involving personal injury, bodily injury, property damage, failure to comply with federal, state, or local laws or regulations, tax, or any other type of claim related to any charger installed in connection with the site host agreement.
Cost for Install and Potential Electricity Upgrades
Dealers must ensure site hosts understand that installation costs and potential electrical upgrade costs, can vary widely. An electrical upgrade may occur if the ampacity of the existing site host facility is not enough to cover the charging stations installed.
Dealer Community Charging Roles & Responsibilities
Installer Qualifications
Dealer and site host must procure a qualified installer, provided the parameters below have been met, and Flo has vetted and approved . While a Dealer may use any qualified installer of its choosing, GM may make available a list of potential installers . Flo may also act as a quali fied installer, if desired by the Dealer. Dealer is responsible for ensuring all laws, regulations, and permitting requirements are met for installation.
For any person, including third-party installers, who provide any part of the Installation Services, the following are minimum requirements that must be met . Flo will ensure the third -party installer meets the requirements specified below:
Verification that the installer possesses proper licenses as an electrical contractor in the jurisdiction in which installer will provide Installation services. Completion of a criminal background check by a reputable organization (as determined by GM), demonstrating that the Dealer satisfies the background check criteria generally used by GM in Bulletin 15-03.
Personalized certificates of insurance issued by the Installer’s insurance carriers, in the following coverage amounts:
o $1 million General Liability;
o $1 million Automotive; and
o $1 million Workers Comp (as required)
Agreement to provide in the contracts with Cust omers a warranty on parts and labor (exclusive of the charging station itself) for all Installations for one year from the date of the Installation.
Installers agree to insure their work in their contracts with Customers. Installers must comply with all laws, regulations, and permitting requirements necessary for installation.
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12 Marketing and Advertising
Dealers are required to follow GM ’s individual brand guidelines and naming bulletin for advertising on the chargers. For example, if the Dealer is Chevrolet, then it will follow Chevrolet’s brand guidelines. Dealer reference and retail signature is limited to GM divisions. GM is responsible for coordination and approval of Dealer names on the submitted logo for advertising purposes.
Advertising on the charging stations, pedestal, or any other part of the charging infrastructure itself will be reserved for the Dealer, GM’s Ultium brand, and Flo. Site host will not be able to advertise on the charging station, pedestal, or any piece of the charging infrastructure.
The Dealer must submit its logo via the Dealer Community Charging enrollment process, subject to GM’s individual brand advertising guidelines, and its logo will be placed on the pedestal right above the charging stations, as shown belo w in Figure 3. The Dealer must use its officially approved Dealer name (e.g. ABC Chevrolet rather than ABC Auto Group) that complies with GM 21-10 “GM Dealership Naming Convention Policy”. The branding will be placed on a sign, and the sign will say “Charging provided by [DEALER NAME/LOGO]”. The plaque will be shipped to the Dealer along with the charging equipment. Note: The charging equipment includes the charging stations, pedestal, cable management, and Dealer advertising sign.
Advertising sign requirements: Signage must say “Charging provided by [ DEALER NAME/LOGO]. The sign will be provided through Flo, and it will be placed in the area depicted by the arrow in Figure 3 below. If the Dealer terminates its dealership, the sign will ne ed to be removed by the Dealer from the charging pedestal. Dealer can work with the site host and have the site host remove it, as needed. If the Dealer changes its official name, a new sign will need to be ordered.
If the Dealer sells its dealership, signage must be removed by the selling Dealer. The new Dealer may have the option to add a sign on the charger, provided it meets the exact requirements listed above. The Dealer may go through Flo for the advertising sign, or may procure a sign from another vendor, provided it meets the program requirements. Please see Figure 3 below for how the Dealer advertising will look. If buying dealer does not provide compliant signage, selling dealer and buying dealer both remain jointly and severally liable to remove the chargers, signage, and pedestals.
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13 Figure 3
Source: GM Design Simulated images shown. Actual production model may vary.
Charger Specifications
The charger recommended for this program will be hardwired, with a maximum power output of up to 19.2kW (80 amps). The charging connector will be SAE J1772 Type 1. Please contact Flo for additional information.
This optional program requires the Flo chargers pictured above in Figure 3 and needs to be on the Ultium Charge 360 network. It also needs to use Flo’s pedestal, cable management, and networking and maintenance package, as described in the guidelines. Dealer will not be able to shop around for a different pedestal, cable management, and operations and maintenance 147
14 package, as that may add significant risk to the viability of the charging station setup as a whole.
Flo will not entertain other pedestal and cable management products, as it adds significant risk to the overall charging station setup.
Chargers will be a part of the Ultium Charge 360 network and will have appropriate signage.
Ultium Charge 360 is GM’s holistic charging approach, and may integrate charging networks, brand mobile apps, and other products and services.
Charge Station Operator
Dealer must require that all site hosts utilize Flo as a dedicated charge station operator (CSO).
As Flo’s charger is utilized for a site installation, then Flo must manage the backend system and maintenance. This will create a n ecosystem of chargers allowing customers to see real time charger data. Flo will ensure these stations are connected and accessible in the myBrand app for GM electric vehicle owners , and the Ultium version of the app for non -GM electric vehicle owners.
The Dealer needs to ensure in its written agreement with the site host that it requires the use of GM’s preferred CSO Flo, for maintenance and connectivity. The Dealer will be paying for the first five (5) years of maintenance and connectivity (service and networking) before the chargers are shipped to the site host, so the site host will be required to utilize Flo’s services.
The site host needs to understand that it will be responsible for the maintenance and connectivity AFTER the initial five (5) years, to continue to keep the chargers in operable condition to reflect positively on its brand, the Dealer, GM, and Flo. It is strongly encouraged that the site host continue to utilize the services of Flo, to ensure continuity with the program.
End of Charger Life Details
The useful life of the chargers is estimated at 10 years, and site hosts may continue to work with Flo and purchase new chargers after the useful life of the original chargers. If the site host desires to discontinue the program after the initial useful life of the chargers (estimated at 10 years), it shall be responsible for the cost of removing the chargers, as necessary.
Dealer must remove any charger if it is broken or after the useful life of the charger. Site host must agree that removal of a charger shall be conducted in a safe and professional manner, and in accordance with all applicable local, state, and federal laws and regulations.
GM may utilize a third-party vendor(s) to periodically audit the charging stations to make sure they are in good working condition. If the charging stations are found to not be in good working condition, GM reserves the right to require removal of the charger(s) at the site host’s expense if the program guidelines are not followed.
Cancellation
Dealers may enroll and subsequently decide to cancel participation in the Program during the open enrollment period. However, Dealers that enroll during the open enrollment period and then 148
15 elect to withdraw from the Program after the enrollment period concludes will not be allowed to participate for the duration of that particular Program year (e.g. 2022) from that point forward.
For example, if a Dealer cancels its participation in the Dealer Community Charging Program in September 2022, it will not be eligible to re-enroll until the subsequent program year (2023).
Reviews and Audit
It is the Dealer’s responsibility to correctly report all documents for the Dealer Community Charging program, to ensure compliance with these rules, and to retain records sufficient to verify the work being performed . Any errors or discrepancies must be resolved by the Dealer within 30 days after the document is approved. Examples of errors or discrepancies include, but are not limited to:
▪ Incorrect site host
▪ Wrong images uploaded
▪ Site host changed
▪ Errors in the agreement
The Dealer will be responsible for the first five (5) years of the program , as it will pay for the items mentioned in the “Dealer Participation Cost” section. After that, the burden of responsibility will be on the site host per the “End of Program Life Details” section above.
Also mentioned above, a third-party audit company (e.g. ACV Auctions Inc) may help administer the audit process to make sure the charging stations are in good working condition.
Tax Liability
Dealers are responsible for any federal, state or other tax consequences associated with the participation in the GM Dealer Community Charging Program or any federal, state, or local incentives received for the program. Dealers are urged to consult with their own accountant or tax advisor regarding tax issues under applicable laws.
Amendments/Terminations
GM has the right to amend, terminate, or cancel the GM Dealer Community Charging Program upon 30 days’ prior written notice to all affected participating Dealers. Amendments are not effective unless they are in writing in formal DCC Program Guidelines published by GM. Upon receipt of notice from GM of a material change in the DCC Program, affected participating Dealers may withdraw by written notice to GM with in 15 days of their Dealers’ receipt of the change.
Termination will be effective thirty (30) days after re ceipt of written notification unless additional time is needed to meet existing obligations. 149
16 Dealer Suspension or Termination
GM reserves the right to suspend a Dealer from participating in the GM Dealer Community Charging Program or to terminate any Dealer’s participation in DCC, under the following guidelines:
The Dealer or any of its Site Hosts violates any rule(s) of DCC; or
A Dealer or any of its Site Hosts engages in conduct that is deceptive or fraudulent, or not in compliance with any federal or state law or regulation. GM’s decision will be final in all matters related to the interpretation of program rules and guidelines.
In the event a Dealer is suspended from participating in the DCC, Dealer must reimburse GM in the amount of the value of each charger provided to Dealer in connection with the DCC as of the date of suspension. The value of a charger will be calculated using a straight-line depreciation method over a period of 10 years, with a starting value of $2,000 in year one, and a salvage value of $0 in year 10. In other words, the value of a charger in any year during its useful life is $2,000 per charger less $200 per year post installation.
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FLO® Driver Terms of Use
In-Effect Date: May 25, 2021
P
LEASE REVIEW THESE DRIVER TERMS OF USE CAREFULLY. FLO and its affiliates operate and manage a network of Charging Stations across North America. By agreeing to these Driver Terms of Use, you may create a FLO User Account and access Charging Stations on the FLO Network and on Roaming Networks.
ALL OF THE SERVICES OFFERED BY FLO ON THE NETWORKS ARE CONDITIONAL ON YOUR ACCEPTANCE OF THESE DRIVER TERMS OF USE. If you already have a FLO User Account, your continued access to that account and any services offered by FLO on the Networks depends on your acceptance of these Driver Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS YOU CAN CANCEL YOUR FLO USER ACCOUNT BY EMAILING [email protected] AND CEASE USING THE NETWORKS.
THESE DRIVER TERMS OF USE APPLY TO YOUR USE OF YOUR FLO USER ACCOUNT, THE FLO NETWORK AND THE ROAMING NETWORKS FROM WITHIN THE UNITED STATES. IF YOU ARE ACCESSING OR USING
YOUR FLO USER ACCOUNT, THE FLO NETWORK OR THE ROAMING NETWORKS FROM WITHIN CANADA, YOU ARE SUBJECT TO OUR CANADIAN DRIVER TERMS OF USE WHICH ARE AVAILABLE AT: Canadian Driver Terms of Use – English and Canadian Driver Terms of Use – French.
1. Acceptance of Driver Terms of Use
By using the Networks, you agree to be bound by these Driver Terms of Use (the “Driver Terms of Use“), the terms of use of our websites available at https://www.flo.com/terms-and-conditions/ and https://addenergie.com/en/terms-and-conditions/ (the “Website Terms of Use“), our privacy policy available at https://www.flo.com/privacy-policy/ (the “Privacy Policy“) and any terms and conditions of sale or warranties provided during your purchase or use of any of our products or services, all of which form integral parts of these Driver Terms of Use. By accessing the FLO Network or Roaming Networks in Canada, you agree to our Canadian Driver Terms of Use without any further action.
The Driver Terms of Use constitute a contract between you and FLO regarding access to and use of the Networks. FLO invites you to read the Driver Terms of Use carefully before using the Networks, our websites https://www.flo.com and https://addenergietechnologies.com/en/, any associated sites, or our FLO Mobile App (collectively, the “Sites”) and to contact FLO’s webmaster if you have any questions at [email protected].
Any inconsistencies between these Driver Terms of Use, the Website Terms of Use, the Privacy Policy and any terms of conditions of sale or warranties shall be resolved by FLO in its sole discretion.
2. C
hanges to Driver Terms of Use
In the spirit of continuously improving its processes and operations, FLO reserves the right to modify, at its sole discretion, the Driver Terms of Use or to add new terms and conditions. By accessing and using the Networks or the Sites after amended Driver Terms of Use have been posted to https://www.flo.com and sent to you via either our FLO Mobile App or the e-mail address you have on file with FLO, you agree to respect and be bound by such amended Driver Terms of Use. You will be deemed to have received such notice (10) ten days after it has been sent. It is your responsibility to provide us with your updated Attachment 4
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e-mail address, in the event that it changes. FLO invites you to consult the Driver Terms of Use from time to time to review the most recent version.
Defined Terms
Access Card: a radio frequency identification (RFID) card allowing FLO Users access to Charging Services on the FLO Network and some Roaming Networks, bearing a unique identification number and enabling a Charging Station to identify a FLO User and the corresponding FLO User Account.
Charging Fees: payments made by FLO Users for Charging Services.
Charging Services: services enabling a FLO User to charge the battery of their EV at a Charging Station through the Networks.
Charging Session: a continuous session during which a FLO User uses a Charging Station to charge an EV battery.
Charging Station: EV supply equipment or a direct current fast charger that provides Charging Services.
EV: an electric vehicle.
FLO: FLO Services USA Inc. doing business in California as FLO Charging Solutions USA Inc., with a mailing address at 75 South Clinton Ave., Suite 510 Rochester, NY 14604 USA.
FLO Mobile App: FLO’s mobile application that is available for download on mobile equipment, giving FLO Users access to their FLO User Account, Charging Services on the Networks, and information regarding the Networks, including mapping of the Charging Stations available for use on the Networks.
FLO Network: a network of Charging Stations across North America operated and managed by FLO and its affiliates.
FLO User: you, an EV driver who has agreed to these Driver Terms of Use and created a FLO User Account.
FLO User Account: an account created by a FLO User on the FLO Website or FLO Mobile App that gives FLO Users access to the Charging Services and allows them to deposit funds to pay for the Charging Services.
FLO Website: FLO’s website, located at https://www.flo.com, giving FLO Users access to their FLO User Account information and to information regarding the Networks, including mapping of the Charging Stations available for use on the Networks.
Networks: the FLO Network and the Roaming Networks.
Roaming Networks: EV charging networks on which FLO Users are permitted to obtain Charging Services using their FLO User Accounts.
Taxes: tax applicable, if any, required by the relevant authority.
All references to currency are American dollars.
3. FLO’s Commitment to FLO Users
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FLO’s obligation under this Driver Terms of Use is to provide FLO Users with the Charging Services, using reasonable commercial efforts, subject to the terms set forth in this Driver Terms of Use.
4. Becoming a FLO User
To become a FLO User, you need to create a FLO User Account. You can set up a FLO User Account from the FLO Website https://www.flo.com or by downloading the FLO Mobile App.
To download the FLO Mobile App on an Apple device use:
https://apps.apple.com/us/app/id808395252?l=en.
To download the FLO Mobile App on an Android device use:
https://play.google.com/store/apps/details?id=com.addenergie.reseauver&hl=en.
You will need to provide the following information to create a FLO User Account:
Name (first and last);
E-mail address; and
Chosen password.
To become a FLO User, you must also accept these Driver Terms of Use.
FLO’s use of your personal information is governed by our Privacy Policy.
Following your account setup, you will receive an e-mail confirming creation of your FLO User Account at the e-mail address you provided, including a copy of these Driver Terms of Use.
It is your responsibility to keep your FLO User Account information including your e-mail address up to date. You can notify FLO’s Customer Experience Team of any changes by writing to: [email protected].
5. Deposits for Charging Services
Before you can access the Charging Services, you must deposit a minimum of $10.00 to your FLO User Account. You can make the deposit using the FLO Website or the FLO Mobile App. For additional deposits to your FLO User Account, the minimum amount is $10.00. No deposits to your FLO User Account are required to access Charging Stations that are free-of-charge (i.e. where there are no Charging Fees in effect).
You must use an accepted credit card to deposit funds to your FLO User Account. Currently Visa®, MasterCard® and AMEX® credit cards are accepted. Prior to charging your credit card, an authorization process will occur for the amount of your transaction. FLO uses a third-party payment processor (currently Stripe®) to securely process credit card transactions, including deposits to your FLO User Account.
All FLO User Account deposits received by FLO are placed in a separate bank account and FLO administers this account on behalf of FLO Users. The deposits to your FLO User Account do not earn, and FLO will not pay, interest.
6. Payment for Charging Services
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You can pay for Charging Services on the FLO Network using your Access Card, the FLO Mobile App or, by calling the toll-free number on the Charging Station and providing your member number (an additional fee is applied when using the toll-free number).
Payment for Charging Services on the Roaming Networks may vary. Some Charging Stations on the Roaming Networks will only allow you to pay through the FLO Mobile App while others may also accept payment using your Access Card. Please review the signage at the individual Charging Station for details or call FLO Customer Experience for assistance.
After each Charging Session, your FLO User Account will be debited the cost of the Charging Fees plus applicable Taxes. If for some reason Charging Fees cannot be processed at the time of charging, charging information will be saved and your FLO User Account will be debited the cost at a later time. The balance of your FLO User Account may become negative after a Charging Session and you will need to replenish your FLO User Account to cover any such negative balance. You will not be able to use the Charging Services while you have a negative balance in your FLO User Account.
Charging Fees may vary by Charging Station and are set by the Charging Station owner, which may be FLO, the Charging Station’s site-host, or, in the case of a Roaming Network, the person authorized to set the fees on that Roaming Network.
If you have questions regarding your transaction history or any correction thereto, or if you wish to dispute any transaction or correction that has been applied to your FLO User Account, please contact FLO Customer Experience at [email protected] within thirty (30) calendar days of the transaction in question. Assuming you provide sufficient details, FLO will review your claim and respond with its findings. If FLO finds a billing error, FLO will correct the error promptly after completing its review. Any reimbursements by FLO for billing errors will be made in the form of a deposit to your FLO User Account.
FLO will not make reimbursements to credit cards or issue cheques. FLO will not be responsible for any expenses incurred or direct or indirect damages resulting from billing errors. If FLO does not find a billing error, FLO will explain its findings. FLO will not review or correct any billing error submitted by a FLO User more than thirty (30) calendar days from the date of the transaction.
Should you fail to replenish a negative balance in your FLO User Account, in addition to any other remedies available at law, FLO may close your FLO User Account and terminate this Driver Terms of Use, including your access and right to use the Networks. FLO may also decline to open a new FLO User Account for you in the future.
7. Reimbursement of Deposits
You may request reimbursement of the balance in your FLO User Account by contacting FLO Customer Experience at [email protected].
Reimbursements may only be requested by the actual credit card holder and will only be made to the credit card used to make the deposits. In exceptional circumstances, and at FLO’s sole discretion only, reimbursement may be made by cheque.
Deposits made to a FLO User’s Account that are associated with a promotion have no cash value and are not eligible for reimbursement.
8. Access Card
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You can purchase an Access Card on the FLO Website or through the FLO Mobile App. To pay for the Access Card via your FLO User Account, your FLO User Account balance must be sufficient to cover the purchase price of the Access Card. You can also purchase an Access Card at the time you set up your FLO User Account, but your FLO User Account balance must be sufficient to cover the purchase price of the Access Card.
The current price of an Access Card is the price indicated on the FLO Website at the time of purchase plus applicable Tax. FLO will use reasonable commercial efforts to mail your Access Card within ten (10) business days from the date of purchase. If you have not received your Access Card within twenty (20) business days from the date of purchase, please contact FLO Customer Experience at [email protected] for assistance.
Use of the Access Card is strictly personal. If you allow a third party, including an employee or contractor, to use your Access Card to access the Networks, it is your obligation to ensure that they agree to and abide by these Driver Terms of Use.
9. Lost, Stolen or Damaged Access Card
You should treat your Access Card like cash and not disclose your FLO User Account information to anyone. If your Access Card is lost or stolen, anyone who obtains possession of it may use your Access Card. You are responsible and FLO will not be liable for any and all transactions on your Access Card, including unauthorized transactions.
If your Access Card becomes lost, stolen or damaged, immediately notify FLO Customer Experience by e- mail to [email protected] or by calling the toll-free number on the FLO Website. Your FLO User Account balance is protected from the time FLO confirms receipt of your written or telephone notice of loss, theft or damage. Upon receiving this notice, FLO will delete the lost, stolen or damaged Access Card from your FLO User Account and it will no longer be useable.
To replace an Access Card for any reason, contact FLO Customer Experience by e-mail to [email protected] or by calling the toll-free number on the FLO Website and a new Access Card will be mailed to you. If a replacement is required because of a defect in the Access Card that is not caused by improper use or abuse, FLO will cover the cost of replacing the Access Card, including shipping fees within the United States. For a replacement required because of Access Card loss, theft or damage, including from improper use or abuse, you will be charged a fee equal to the purchase price of a new Access Card plus applicable Tax. In case of any dispute concerning the reason for Access Card replacement, you agree, if requested, to provide a photo of the Access Card or return the physical Access Card for inspection by FLO. Any funds remaining in your FLO User Account will be transferred to your new Access Card prior to its sending by FLO.
10. Charging Station Location and Availability
For the convenience of all FLO Users, FLO provides a map of available Charging Stations on the Networks via the FLO Mobile App and FLO Website. This information is provided for informational purposes only, and, while FLO uses reasonable commercial efforts to keep the mapping information accurate, complete and up-to-date, FLO cannot and does not warrant that it is error-free. FLO assumes no direct or indirect liability in the event that actual Charging Station availability and/or terms of use differ from the information provided on the map in the FLO Mobile App or on the FLO Website. Factors that can impact 155
the accuracy of the map include: (1) failure by a Charging Station owner to provide sufficient maintenance or monitoring; (2) failure of a Charging Station owner to advise FLO of a change to access rules related to the Charging Station or power outages; (3) failure of a Roaming Network operator to advise FLO of changes or power outages related to a Charging Station; (4) force majeure situations beyond the reasonable control of the Charging Station owner, Roaming Network operator and/or FLO.
11. Charging Fees
Charging Fees are set by Charging Station owners, at their sole discretion and in accordance with applicable law. Some Charging Stations are free-of-charge.
Charging Stations may display applicable Charging Fees in different ways. For Charging Stations with screens that are manufactured by AddÉnergie Technologies Inc., the Charging Fee will appear on a scrolling display. For Charging Stations without screens, including those on Roaming Networks, please verify posted signage or call FLO Customer Experience at the number on the FLO Website for applicable Charging Fees. Charging Fees are also posted on the Charging Station map available on the FLO Mobile App and FLO Website.
For Charging Stations on the FLO Network, when the Charging Fee is based on an hourly rate, the Charging Session is billed in proportion to the time you use the Charging Services, to the second. Time is calculated based on the total period your EV is connected to the Charging Station, even if your Charging Session has terminated. To avoid unnecessary charges on time-based Charging Stations, please ensure you remove your EV promptly from the Charging Station after completion of the Charging Session.
For Charging Stations on Roaming Networks, Charging Fees will be based on the rules of the Roaming Network. It is your responsibility to confirm any Charging Fees in advance of starting a Charging Session on a Roaming Network. Any questions regarding payment for Charging Sessions on Roaming Networks can be directed to FLO Customer Experience at [email protected] and are governed by Section 6 above.
Any additional fees associated with accessing the Networks (e.g. cellular data fees incurred for use of a smart phone or parking fees/tickets where applicable) are the FLO User’s sole responsibility.
12. Charging Sessions
Before commencing a Charging Session, please always review and follow any safety instructions posted on or around the Charging Station. Please also visually inspect the Charging Station to ensure that you do not see any visible damage. If you see any damage, please call FLO’s 24/7 on-the-road support team to confirm whether the Charging Station is safe to use prior to commencing a Charging Session. Note that we have important limitations in these Driver Terms of Use on FLO’s liability for any damage caused while using a Charging Station on the Networks.
Charging Sessions on the FLO Network
A FLO User with a valid FLO User Account containing a positive balance of any amount may use the Charging Services at any available Charging Station on the FLO Network.
To activate a Charging Station that is on the FLO Network, you must either:
Tap your Access Card on the designated area on the Charging Station; 156
Use your smart phone to find the Charging Station through the FLO Mobile App and follow the directives to start the activation process; or
Call FLO’s 24/7 on-the-road support team at the number posted on the Charging Station and provide your FLO User Account number (an additional fee will be applied).
Charging Sessions on Roaming Networks
Accessing and activating a Charging Station on a Roaming Network may be different. For instance, some Charging Stations may only allow you to activate them using the FLO Mobile App while others may accept your Access Card. Please review the signage at the individual Charging Station for details or call FLO’s 24/7 on-the-road support team for assistance.
For Charging Sessions on all Networks, the data generated by the Charging Station will indicate and be proof of the period of use of a Charging Station by a FLO User.
13. Transaction Receipt
After each Charging Session, you will receive a receipt of the transaction at the e-mail address specified in your FLO User Account. The receipt will specify that your FLO User Account has been debited for the Charging Fees associated with the Charging Session. If the Charging Session occurred at a Charging Station on the FLO Network the Transaction Receipt will specify the following information:
Access Card identification;
Name of Network;
Name of Park (group of Charging Stations in which Charging Station is located); Name of Charging Station;
Date and time of the start of the Charging Session;
Date and time of the end of the Charging Session;
Energy consumed;
Duration of Charging Session;
Cost of Charging Session;
Applicable Taxes;
Total cost of the Charging Session; and
Balance of FLO User Account.
Please note that FLO Charging Stations do not provide physical receipts. 157
If the Charging Session occurred at a Charging Station on a Roaming Network, the Transaction Receipt may specify different information.
14. Charging Station Availability
To determine whether a Charging Station is available for use, please consult the FLO Mobile App or the FLO Website. FLO assumes no direct or indirect liability in the event that the actual Charging Station availability or status differs from the information provided on the FLO Mobile App or on the FLO Website.
15. FLO User Obligations
You agree to pay all Charging Fees for the Charging Services initiated by you or through the use of your Access Card, the FLO Mobile App, or telephone request connected to your User Account.
You agree to use the Charging Services as would a reasonable person for the purposes for which the Charging Services were designed and in compliance with these Driver Terms of Use. To use the Charging Services, you must ensure that your electric vehicle is in proper functioning condition and that its battery and connecting apparatus are compatible with the Charging Station.
You must comply with all applicable laws and regulations related to the Charging Stations and/or the property on which the Charging Stations are located. You are solely responsible for any damage that you cause to the Charging Station or the area in which it is located and you must immediately inform FLO Customer Experience in writing of any such damage at [email protected], providing the location, Charging Station number, type of damage caused and a photo of the damage, if applicable.
You represent that all information in your FLO User Account is accurate and up-to-date and agree to take all steps necessary to update your FLO User Account information within a reasonable time if the information changes.
You agree not to perpetuate any fraud or engage in any unlawful action against FLO or its affiliates in relation to the Charging Stations or the Networks. Should FLO discover that you have engaged in any such action in breach of these Driver Terms of Use, in addition to any other remedies available in these Driver Terms of Use or at law, FLO reserves the right to calculate and deduct any amount owing from your FLO User Account.
16. Use of the FLO Website and FLO Mobile App
You may access and use the FLO Website and FLO Mobile App to obtain information regarding Charging Station locations on the Networks, trip mapping and other content and features that FLO may make available from time to time. Use of the FLO Website and FLO Mobile App are subject to FLO’s Website Terms of Use and Privacy Policy.
You acknowledge and agree that FLO may modify the FLO Website and FLO Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while FLO has attempted to provide accurate information on the FLO Website and FLO Mobile App, such information may change frequently. In no event will FLO be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the FLO Website or FLO Mobile App, nor does FLO warrant that any such information, materials, or other content is up-to date. 158
17. Personal Information
Your use of the Charging Services generates data and personal information that is subject to the terms of the FLO Privacy Policy.
18. Term and Termination
The Driver Terms of Use will continue for an indefinite term, until terminated.
You may terminate your agreement with FLO under these Driver Terms of Use for any reason or no reason by cancelling your FLO User Account at any time, without any fees or penalty other than as provided herein, including replenishing any negative balance in the User Account, by notifying FLO Customer Experience in writing at the mailing address provided below or by e-mail at [email protected].
FLO may terminate your FLO User Account and these Driver Terms of Use for any reason or no reason at any time.
Upon termination, the FLO User Account you have created will, thereafter, be closed and the amounts deposited in the separate bank account and attributed to your FLO User Account will be reimbursed, net of any amounts owing by you to FLO, as described in the paragraph titled “Reimbursement of Deposits”.
19. Violation of Driver Terms of Use
FLO will only disclose any personal information it has about you (including your identity) in accordance with its Privacy Policy.
You agree that FLO may, in its sole discretion and without prior notice, terminate your access to the Networks and/or block your future access to these Networks if FLO determines that you have violated these Driver Terms of Use or other agreements or guidelines which may be associated with your use of the Networks. You also agree that any violation by you of these Driver Terms of Use may cause irreparable harm to FLO, for which monetary damages would be inadequate, and you consent to FLO obtaining any injunctive or equitable relief that FLO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FLO may have at law or in equity.
You agree that FLO will not be liable to you or to any third party for termination of your access to the Networks or Sites for any reason.
20. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE NETWORKS, THE CHARGING STATIONS AND THE ACCESS CARDS IS AT YOUR SOLE RISK. THE NETWORKS, THE CHARGING STATIONS AND THE ACCESS CARDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FLO PROVIDES THE FLO NETWORK AND ACCESS CARD AND FLO OR THE CHARGING STATION
HOST PROVIDES THE CHARGING STATION ON A COMMERCIALLY REASONABLE BASIS AND FLO DOES NOT
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE CHARGING STATIONS OR ACCESS CARDS
AT ANY GIVEN TIME OR LOCATION, OR THAT THERE WILL BE CHARGING STATIONS LOCATED IN A SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE NETWORKS, THE CHARGING STATIONS
AND ACCESS CARDS ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR 159
ANY DAMAGE TO YOUR EV, MOBILE DEVICE, OTHER PROPERTY OR ANY OTHER DAMAGES OR BODILY INJURIES THAT RESULT FROM SUCH ACCESS OR USE.
FLO MAKES NO WARRANTY REGARDING THE NETWORKS, THE CHARGING STATIONS, THE ACCESS CARDS AND/OR THEIR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT:
THEY WILL MEET YOUR NEEDS AND EXPECTATIONS;
THEY WILL BE ACCURATE, COMPLETE, RELIABLE OR RELEVANT;
THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE METHOD OF BILLING SELECTED BY THE SITE HOST (PROVIDED THE SITE HOST IS NOT FLO OR AN AFFILIATE) COMPLIES WITH APPLICABLE LAW;
DEFECTS OR ERRORS WILL BE CORRECTED; OR
CHARGING STATIONS WILL PROVIDE A SPECIFIC QUANTITY OF ELECTRICITY.
Some jurisdictions do not allow the exclusion of express or implied warranties so the above exclusions may not apply to you.
21. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL FLO, ITS AFFILIATES (INCLUDING ITS PARENT COMPANY ADDÉNERGIE TECHNOLOGIES INC.), ANY CHARGING STATION OWNER OR HOST, ANY ROAMING
NETWORK AND ANY CHARGING STATION SPONSOR OR ADVERTISER AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS OR REPRESENTATIVES, OR ANY AFFILIATES THEREOF (“FLO REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER,
INCLUDING INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PAIN AND SUFFERING, BODILY INJURIES, EMOTIONAL
DISTRESS OR SIMILAR DAMAGES, HARM TO BUSINESS OR REPUTATION, LOSS OF INFORMATION, LOSS
OF PROFIT, LOSS OF REVENUE OR INCOME, LOSS OF SALARY OR OTHER COMPENSATION FROM
EMPLOYMENT), ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE
NETWORKS, THE CHARGING STATIONS, THE ACCESS CARDS OR THEIR CONTENT EVEN IF FLO OR ANY FLO
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
FLO AND FLO REPRESENTATIVES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF
ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO USERS OF THE NETWORKS OR ANY CHARGING
STATION OR ANY ACCESS CARD, OR OWNERS OR LESSORS OF CHARGING STATIONS OR ANY OWNER,
LESSOR, LICENSEE, OCCUPANT OR OTHER PERSON ON OR RESPONSIBLE FOR ANY PROPERTY ON WHICH A CHARGING STATION IS LOCATED (“THIRD-PARTYS”) AND MAY IN NO CASE BE HELD LIABLE FOR ANY
LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM:
THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY; AND
THE USE OF OR INABILITY TO USE THE NETWORKS, ANY CHARGING STATION OR ANY ACCESS CARD. 160
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE DRIVER TERMS OF USE, FLO IS FOUND TO BE
LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE NETWORKS, A CHARGING STATION OR AN ACCESS CARD, FLO’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY CHARGING FEES INCURRED ON THE NETWORKS AND PAID TO FLO ARISING FROM YOUR USE OF THE NETWORKS IN THE SIX (6) MONTHS PRIOR TO THE
DATE OF THE INITIAL CLAIM MADE AGAINST FLO (FOR GREATER CERTAINTY NOT INCLUDING THE
PURCHASE PRICE FOR ANY FLO HARDWARE OR SOFTWARE PRODUCTS OR ANY FLO EXTENDED WARRANTIES OR SIMILAR SUPPORT PROGRAM), OR (2) $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR JURSIDICTION TO JURISDICTION.
THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT PREJUDICE YOUR STATUTORY RIGHTS.
22. Indemnification
You will indemnify, defend and hold FLO and FLO Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties against the Indemnified Parties resulting from:
any breach by you of the Driver Terms of Use;
any damage you cause to a Charging Station, the Networks, the property of a third party while you are in the process of using a Charging Station or the Networks (including driving to or from same); and your violation of any applicable law, rule or regulation.
You agree that the Indemnified Parties will have no liability in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.
23. FLO Contact Information
You can send FLO an e-mail at [email protected].
You can access the FLO Website at https://www.flo.com.
You can send mail to FLO at the following address:
FLO Services USA Inc. d/b in California as FLO Charging Solutions USA Inc. 75 South Clinton Ave., Suite 510
Rochester, NY 14604 USA
For support using Charging Stations, you can contact FLO’s 24/7 on-the-road support team at 1-888-356- 8911.
For other inquiries, you can contact FLO’s Customer Experience team at 1-855-543-8356.
For questions relating to the FLO Website, you can e-mail [email protected].
For questions relating to privacy, you can e-mail [email protected]. 161
24. E-mail
E-mail is neither protected nor confidential. Messages may be lost or intercepted as are communications by other means (for example postal mail). No electronic system can be perfectly protected or error-free.
FLO will not be responsible for damages you may suffer through the exchange of electronic mail or messages, should they be generated by you or by FLO.
25. Copyright
All texts, images, photographs, information, audio clips, video clips, software and codes available on the FLO Website, the FLO Mobile App and the Charging Stations on the FLO Network (collectively the “Content”), including the presentation of the Content (defined above) are protected by United States and foreign laws, including copyright laws, and belong to FLO, its affiliates or its licensors.
For so long as you agree to and comply with these Driver Terms of Use, FLO grants you a personal, non- exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use, and to make one copy, for backup or hard copy purposes, on condition that you not alter the Content and that you retain the copyright notices.
The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.
26. Software
All the software integrated into or included on the FLO Network, the FLO Website and FLO Mobile App, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well. Such software belongs to FLO, its affiliates or its licensors.
You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.
You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites.
27. Trademarks
Certain names, words, titles, phrases, graphics, logos, icons or designs used in relation to the FLO Network, the Sites or the FLO Mobile App may be trademarks belonging to FLO or other service providers, used with the consent of third-party owners (the “Trademarks“). You agree not to remove, edit copy or otherwise alter or use the Trademarks, service marks, logos and other proprietary information.
28. Void Where Prohibited
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The Networks are not intended to be used, and may not be used, outside of Canada and the United States. FLO makes no representation or warranty that the Networks or the information provided thereon is lawful in every jurisdiction from which it may be accessed, or that it is available for use in other jurisdictions. If you access or use the Networks from a jurisdiction outside of Canada or the United States, you are responsible for compliance with all applicable local laws.
29. Arbitration and Class Action Waiver
BY AGREEING TO THESE DRIVER TERMS OF USE, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY
CLAIM THAT YOU MAY HAVE AGAINST FLO ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THE ARBITRATION AGREEMENT BELOW. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS,
COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST FLO, AND ALSO PRECLUDE YOU FROM
PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST FLO BY SOMEONE ELSE.
Agreement to Binding Arbitration Between You & FLO (the “Arbitration Agreement”) You and FLO agree that any dispute, claim or controversy arising out of or relating to (a) these Driver Terms of Use including the breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the FLO Network or the Roaming Networks at any time, whether before or after the date you agreed to the Driver Terms of Use, will be settled by binding arbitration between you and FLO, and not in a court of law.
You acknowledge and agree that you and FLO are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Unless both you and FLO otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and FLO each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Arbitration Rules & Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Arbitration Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Driver Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce 163
and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York or such other applicable jurisdiction and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Location & Procedure
Unless you and FLO otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and FLO submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. FLO will not seek, and hereby waives all rights FLO may have under applicable law to recover, attorneys’ fees and expenses if FLO prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages is less than $75,000, FLO will pay all such fees, unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
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Changes
Notwithstanding any contrary provision herein, if FLO changes this Arbitration Agreement after the date you first agreed to the Driver Terms of Use, you may reject any such change by providing FLO written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided either (a) by mail addressed to FLO at 75 South Clinton Ave. Suite 510, Rochester, New York, 14604 or (b) by email from the email address associated with your Account to FLO Customer Experience at [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and FLO in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Driver Terms of Use (or to any subsequent changes to the Terms).
Severability & Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Driver Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
30. General Provisions
By using the Networks from within the United States, to the extent permitted by applicable law, you agree that these Driver Terms of Use are governed by and construed under the laws of the state of New York, without reference to its conflict of laws provisions If any provision of these Driver Terms of Use, including any documents incorporated therein by reference, is held to be invalid or unenforceable, (i) that provision will be deemed severable to these Driver Terms of Use and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect and (ii) a new provision will be deemed substituted in lieu of the provision so severed which new provision will, to the extent possible, accomplish the intent of the parties hereto as evidenced by the provision so severed. The Driver Terms of Use and any documents incorporated therein by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these Driver Terms of Use it has not relied on, and (in the absence of fraud) will have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Driver Terms of Use. Nothing in the foregoing sentence shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the Driver Terms of Use will be effective only if in writing and signed by FLO.
The failure of a party to assert any right under these Driver Terms of Use shall not be considered a waiver of that party’s right and those rights will remain in full force and effect. You are not allowed to 165
assign these Driver Terms of Use or any rights hereunder. FLO is allowed at its sole discretion to assign these Driver Terms of Use or any rights hereunder to any third party, without giving prior notice to you.
31. Third Party Cellular Transmission Service
Where FLO subscribes to a telecommunication service to assist in providing the Charging Services, the FLO User understands and agrees that the FLO User: (1) has no contractual relationship with the underlying wireless service carrier; (2) is not a third party beneficiary of any agreement between FLO and the underlying carrier; (3) the underlying carrier has no liability of any kind to the FLO User whether for breach of contract, warranty, negligence, strict liability in tort or otherwise; (4) message or data transmissions may be delayed, deleted or not delivered, and 911 calls may not be completed; and (5) the underlying carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the services.
© 2021. FLO Services USA Inc. d/b in California as FLO Charging Solutions USA Inc. All rights reserved.
TERMS OF USE
In-Effect Date: June 26, 2018
Thank you for using our websites www.flo.com any associated sites, our mobile application or our transactional pages (collectively, the “Sites”), owned and operated by FLO Services USA Inc. d/b in California as FLO Charging Solutions USA Inc. (“FLO”), a corporation incorporated under the laws of the State of Delaware with a mailing address at 75 South Clinton Ave. Suite 510 Rochester, NY 14604, USA.
Acceptance of Terms of Use
By using any of the Sites, you agree to be bound by the following terms of use of the Sites, our privacy policy (our “Privacy Policy”) and any terms and conditions of sale provided during your purchase or use of any of our products or services, all of which form integral parts of these Terms of Use (collectively, the “Terms of Use”). If you do not wish to accept the Terms of Use, you are required to stop using the Sites.
The Terms of Use constitute a contract between you and FLO regarding access to and use of the Sites.
FLO invites you to read the Terms of Use carefully before using the Sites and to not hesitate to contact FLO’s webmaster if you have any questions at [email protected].
Any inconsistencies between these Terms of Use, the Privacy Policy and any terms of conditions of sale shall be resolved by FLO in its sole and absolute discretion.
Modification to Terms of Use
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In the spirit of continuously improving its processes and operations, FLO reserves the right to modify, at its sole discretion, the Terms of Use or to add new terms and conditions. By accessing and using the Sites after amended Terms of Use have been posted, you accept to respect and be bound by such amended Terms of Use. FLO invites you to consult the Terms of Use from time to time to be up-to-date.
Suspension or termination of access to Sites
FLO may, at its sole discretion, decide to stop providing (permanently or temporarily), to you or to all, access to the Sites (or a functionality of the Sites) without prior notice and without any liability or cost to FLO.
If FLO experiences technical difficulties with the Sites, you may be unable to access the Sites and your account details or to complete a transaction during such a period. FLO shall use reasonable commercial efforts to advise you of when the problem will be resolved but makes no express warranties regarding when service will be restored. You may not rely on any timing guidance provided during technical difficulties—such guidance is to be treated as an informed estimate only.
Use of Sites
The Sites allow you to access information on the various electric vehicle charging products and services offered by FLO, to make purchases and to use the FLO charging network and in some cases, to learn about and use other networks with which FLO has a roaming arrangement, subject to your agreement to the terms of those networks. THE INFORMATION PROVIDED ON THE SITES IS OFFERED BY FLO FOR REFERENCE ONLY AND MAY NOT BE RELIED UPON BY YOU OR ANY PERSON.
Prohibited Uses of the Sites
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. FLO reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any FLO server, or to any of the services offered on or through the Sites, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of FLO, including any FLO account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Sites.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or FLO’s systems or networks, or any systems or networks connected to the Sites or to FLO.
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You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FLO on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FLO or others.
You are prohibited from and agree not to submit to the Sites any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Sites that constitutes a criminal offence or unlawful action.
You must not deploy any kind of destructive software on the Sites, such as a virus, computer worm, Trojan horse, time bomb, cancelbot or any other harmful file, program or code designed to interrupt, destroy or limit the functionality of the Sites. You must not attempt to gain unauthorized access to the Sites or other computer systems or networks related to the Sites, by hacking passwords or other means; obstruct or disrupt networks or servers related to the Sites or breach the rules, policies or procedures of such networks; or use, download or otherwise copy or provide to another person or entity the directory of users or other information on users, or information on the use or part of same for purposes other than those related to use of the Sites.
Mobile Application
By installing the FLO application, you consent to the activation by FLO of the FLO mobile application and to all future updates and upgrades. You may refuse consent at any time by uninstalling the application from your device. For help, contact FLO at [email protected].
Be advised that the activation of the FLO mobile application (including updates and upgrades) may have these consequences:
• your device will communicate with our servers to provide the functionalities and services (as described on the platform used to download the mobile application, such as iTunes or Google Play); • we will prompt you to accept to share your geolocation in order to help us tailor our services to your needs, such as directing you towards the closest available charging station; • your preferences relating to mobile applications or data stored on your device may be affected; and
• personal information may be collected, as more fully explained in our Privacy Policy.
Your telecommunications providers and credit card processing companies may charge you fees in relation to your use of the FLO mobile application or of our services, as well as when updating the application. These fees are at your expense.
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Registration with the Sites
Certain pages of the Sites require registration. If you choose to register, you agree to provide accurate information regarding yourself, and to keep this information up-to-date.
You are responsible for:
• maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration;
• any activity carried on under your user name; and
• exiting your account at the end of each session.
You undertake to notify FLO in writing of any unauthorized use of your user name or your password as soon as you are aware of such activity, by email or otherwise. You are responsible for any losses or damages incurred until the time of the written notice.
Personal Information
All personal information that you may provide to the Sites is subject to our Privacy Policy. This policy is an integral part of these Terms of Use and FLO invites you to read this policy carefully before giving any personal information.
Electronic Mail
Electronic mail is neither protected nor confidential. Messages may be lost or intercepted as are communications by other means (for example postal mail). No electronic system can be perfectly protected or error-free. FLO will not be responsible for damages you may suffer through the exchange of electronic mail or messages, should they be generated by you or by FLO.
Customer Content
The Sites may offer you functions that allow you to submit to FLO messages, comments, data, texts, software, music, sounds, photographs, images, videos and other materials to be posted on the Sites (“Customer Content”).
When you submit your Customer Content to FLO for posting on the Sites, please be advised that you are granting FLO an unrestricted, irrevocable, non-exclusive, perpetual and royalty-free worldwide:
• license to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display your Customer Content for any purpose whatsoever; and
• sublicense to third parties who have access to the Sites to use on a computer, mobile telephone or other electronic device for personal and non-commercial use.
In addition to the granting of the above license, please be advised that:
• You agree to waive all moral rights to the Customer Content in favor of FLO; • FLO cannot be held liable for any loss, corruption or damage to your Customer Content; and 169
• the Customer Content will be considered non-confidential.
By submitting your Customer Content to FLO, you represent and warrant to FLO that the Customer Content:
• is original;
• does not infringe any intellectual property right;
• belongs to you exclusively, or as the case may be, you have obtained the holder’s written permission to submit the Customer Content;
• does not contain any defamatory comment or any obscenity and does not violate a third party’s privacy or publicity rights.
Copyright
All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites (collectively the “Content”), including the presentation of the Content and the Customer Content (defined above) are protected by United States and foreign laws, including copyright laws, and belong to FLO, its affiliates or its licensors.
For so long as you agree to and comply with these Terms of Use, FLO grants you a personal, non- exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use, and to make one copy, for backup or hard copy purposes, on condition that you do not alter their Contents and that you retain the copyright notices.
The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.
Software
All the software integrated into or included on the Sites, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well.
Such software belongs to FLO, its affiliates or its licensors.
You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.
You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites Trademarks
Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Sites may be trademarks belonging to FLO or other service providers, used with the consent of third-party owners 170
(the “Trademarks”). You agree not to remove, edit or otherwise alter Trademarks, service marks, logos and other proprietary information contained on the Sites. Trademarks and the information contained on the Sites, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.
Social media websites
Certain pages of the Sites may be accessible through various social media platforms, including, but not limited to, Facebook, Twitter, YouTube, LinkedIn and others. Before consulting or using the Sites through these social media platforms, you must read and comply with their respective terms of use and privacy policy.
Hyperlinks
The fact that the Sites offer links to other websites does not mean that FLO endorses or approves the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to FLO policies. Therefore, FLO shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND THE INTERNET IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FLO PROVIDES THE SITES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT
GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT TIMES OR LOCATIONS OF YOUR
CHOOSING, OR THAT FLO WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SITES ARE AT YOUR OWN DISCRETION AND
RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE.
FLO MAKES NO WARRANTY REGARDING THE SITES AND/OR THEIR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT:
• THEY WILL MEET YOUR NEEDS AND EXPECTATIONS;
• THEY WILL BE ACCURATE, COMPLETE, RELIABLE OR RELEVANT; • THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; • THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR
• THAT THEY WILL BE FREE OF VIRUSES OR HARMFUL ELEMENTS.
Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL FLO, ITS AFFILIATES (INCLUDING ITS PARENT COMPANY ADDÉNERGIE TECHNOLOGIES INC.) AND THEIR EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES (“FLO REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE 171
WHATSOEVER, INCLUDING INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL
DISTRESS OR SIMILAR DAMAGES, HARM TO BUSINESS OR REPUTATION, LOSS OF INFORMATION, LOSS
OF PROFIT, LOSS OF REVENUE OR INCOME, LOSS OF SALARY OR OTHER COMPENSATION FROM
EMPLOYMENT), ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES OR
ITS CONTENT EVEN IF FLO OR ANY FLO REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS OR IF SUCH DAMAGES OR LOSS WAS FORESEEABLE.
FLO AND FLO REPRESENTATIVES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR OF ANY ADVERTISER OR SPONSOR OF THE SITES (“THIRD- PARTY USERS”) AND MAY IN NO CASE BE HELD LIABLE FOR ANY LOSS OR DAMAGE (INCLUDING,
WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM:
• THE ACTS, OMISSIONS OR CONDUCT OF A THIRD-PARTY USER; AND • THE USE OF OR INABILITY TO USE ANY SOFTWARE, CONTENT OR SERVICES OF THE SITES OR OFFERED THROUGH ANOTHER SITE LINKED TO THE SITES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FLO IS FOUND TO BE LIABLE
TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITES OR ANY CONTENT, FLO’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1)
THE TOTAL OF ANY FEES WITH RESPECT TO ANY SERVICE ON THE FLO NETWORK PAID IN THE SIX
MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST FLO (FOR GREATER CERTAINTY NOT
INCLUDING THE PURCHASE PRICE FOR ANY FLO HARDWARE OR SOFTWARE PRODUCTS OR ANY FLO EXTENDED WARRANTIES OR SIMILAR SUPPORT PROGRAM), OR (2) $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You will indemnify and hold FLO and FLO Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties resulting from:
• any breach by you of the Terms of Use;
• your browsing or use of the Sites or any site to which the Sites are or may be linked from time to time, or your inability to do so;
• your use of or reliance upon publications, communications, distributions or downloads of any nature through the Sites; and/or
• your violation of any applicable law, rule or regulation.
You agree that the Indemnified Parties will have no liability in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.
Violation of These Terms of Use
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FLO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FLO’s rights or property, or the rights or property of visitors to or users of the Sites, including our other customers. FLO reserves the right at all times to disclose any information that FLO deems necessary to comply with any applicable law, regulation, legal process or governmental request. FLO also may disclose your information when FLO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that FLO may preserve any transmittal or communication by you with FLO through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or FLO determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of FLO, its employees, users of or visitors to the Sites, and the public.
You agree that FLO may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites. You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice, and may cause irreparable harm to FLO, for which monetary damages would be inadequate, and you consent to FLO obtaining any injunctive or equitable relief that FLO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FLO may have at law or in equity.
If FLO does take any successful legal action against you as a result of your violation of these Terms of Use, FLO will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FLO. You agree that FLO will not be liable to you or to any third party for termination of your access to the Sites for any reason.
Void Where Prohibited
The information provided on the Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FLO to any registration requirement within such jurisdiction or country. FLO makes no representation or warranty that any material on the Sites are lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions. If you access or use the Sites from a jurisdiction outside the State of Delaware you are responsible for compliance with all applicable local laws.
Governing Laws
The Sites are made accessible, operated and controlled from FLO in the State of Delaware USA. It can be accessed from various countries of the world. The laws of the State of Delaware, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Sites and your access and use of the Sites. By accessing or using the Sites, you submit and consent to the exclusive 173
jurisdiction of state and federal courts in the State of Delaware with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these Terms of Use, the Privacy Policy, any terms and conditions of sale and/or your access and use of the Sites.
Binding Arbitration and Class Action Waiver
You and FLO agree to arbitrate all disputes between you and FLO or its affiliates relating to your use of the Site or otherwise arising from these Terms of Use, the Privacy Policy and the limited warranty and terms and conditions of sale applicable to FLO’s products, except disputes relating to the enforcement of FLO or its affiliates’ intellectual property rights. You and FLO empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, the Privacy Policy and the limited warranty and terms and conditions of sale applicable to FLO’s products, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable. All disputes shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org.
To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Arbitration will take place in Delaware, USA, and you and FLO agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor FLO will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
You agree that any action at law or in equity arising out of or relating to the Site, these Terms of Use, the Privacy Policy and limited warranty and terms and conditions of sale applicable to FLO’s products that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Delaware, USA. and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Complaints, Notices and Contact Information
FLO takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was on the Sites 174
infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at [email protected].
General Provisions
If any provision of these Terms of Use, the Privacy Policy and/or terms and conditions of sale (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these Terms of Use, the Privacy Policy and/or terms and conditions of sale and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. The Terms of Use, the Privacy Policy and/or terms and conditions of sale (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Each party acknowledges that, in entering into these Terms of Use it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Use.
Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by FLO. The failure of party to assert any right under these Terms of Use shall not be considered a waiver of that party's right will remain in full force and effect. You are not allowed to assign these Terms of Use or any rights hereunder. FLO is allowed at its sole discretion to assign these Terms of Use or any rights hereunder to any third party, without giving prior notice to you. © 2018. FLO Services USA Inc. All rights reserved.
FLO.TERMS.OF.USE.US.06.2018.v1
FLO PRIVACY POLICY
In-Effect Date: June 26, 2018
Welcome and thank you for using our website, mobile application or transactional pages (collectively, the "Sites"), as well as our network of charging stations, owned and operated by FLO Services USA Inc. (collectively, "FLO"), FLO’s key office for privacy-related issues is located at 1209 Orange Street, Wilmington, New Castle County, Delaware 19801. FLO collects information about you when you visit our Sites or use our network of charging stations (the "FLO Network"). The purpose of this privacy policy, as it may be amended from time-to-time (the "Privacy Policy") is to provide you with information about how and why FLO collects, uses and discloses information about you, the options you have in this respect and how you can access and rectify it, if necessary.
Note that we reserve the right to update this Privacy Policy from time to time and your use of the Sites and the FLO Network following an update constitutes your agreement to any modifications, subject to applicable law.
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We reserve the right to update and change the terms of this Privacy Policy at any time. If we decide to update and materially change the terms of our Privacy Policy, we will post those changes in our Sites, and in the updated Privacy Policy. We may also notify you at the e-mail you provided us with. You should periodically check this Privacy Policy for updates. By continuing to access or use the Sites or the FLO Network after we have posted an updated Privacy Policy or have provided you with written notice to you of any material modification to same via email or other method of notification you specify, you are agreeing to be bound by the modified Privacy Policy.
Consent
By using our Sites or the FLO Network, you consent to our collection, use and disclosure of that personal information as described in this Privacy Policy. We, therefore, invite you to read this Privacy Policy carefully. You may withdraw your consent to any further collection of personal information, in whole or in part, at any time by writing to our Privacy Officer at [email protected]. We, wish to advise you, however, that by doing so you may cease to enjoy certain privileges offered by the use of our Sites and the FLO Network.
Location
The Sites are intended for the use of our customers and users in the United States of America only. You may not use the Sites from another country. If you use the Sites from another country, you agree that only the laws of the United States of America will apply to your use and that we will under no circumstances be liable for, and you will hold us harmless against the application of the laws of any other country.
Types of Information Collected
Personal Information
For the purposes of this Privacy Policy, "personal information" refers to any information concerning an individual that allows for the individual to be identified (directly or indirectly).
You are not required to supply personal information to view the content of the Sites. However, we will require your personal information in certain instances, such as when you buy a charging station, when you create a user account to use the FLO Network, when you use the FLO Network to charge your electric vehicle or when you contact customer service.
Depending on the circumstances, we may collect different types of personal information about you, including the following:
• your name;
• your address;
• your date of birth;
• your email address;
• your phone number;
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• your use of the FLO Network, such as your power consumption, the date of use, your geolocation and other similar information;
• your electric vehicle model;
• identifiers such as cookies, IP addresses, and mobile device IDs that recognize individuals over time and across different websites or online services, where those identifiers can be reasonably linked to an identifiable individual; and
• details about problems using the FLO Network you may have experienced.
Client Experience
We may solicit your input on your experience using the FLO Network or navigating the Sites.
Telephone Communications
If you communicate with one of our representatives by phone, the conversation may be recorded in order to assess the quality of the service, to train our employees or to protect both parties in case of disagreement. You will be notified of such recording in advance and may refuse it.
Cookies
We use cookies and other similar surveillance technologies (including scripts, pixel tags, etags, web beacons) to help customize the Sites for visitors. Cookies are small text files that your browser installs on your computer or other device that enable the Sites to recognize you upon your visit. These cookies remain on your computer and are automatically retrieved when you visit the Sites. Some cookies are necessary for the Sites to function efficiently when you visit, and they allow us to know the pages you have visited. These cookies do not contain any personal information.
You may disable cookies on your computer. Most browsers are initially set up to accept cookies; however, the "help" feature of the menu bar on most browsers will tell you how to manage cookies and/or how to disable them completely.
Please be advised that disabling cookies may affect user functionality. For instance, visitors who have disabled cookie processing will no longer be able to enjoy all functionalities related to the management of their user account.
Web Logs
We keep standard web logs that record data about all visitors to the Sites. These logs do not contain personally-identifiable information and may consist of:
• the Internet domain from which you access the Sites;
• the location from which you access the Sites
• the type of browser and operating system you use;
• the date and time you visited the Sites;
• the pages you viewed on the Sites; and
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• the address of the websites from which you linked to the Sites.
We also may have to record your IP address when you visit the Sites. When you surf the Internet, your computer is automatically assigned an IP address via an Internet protocol. Your IP address is either static or dynamic; a static IP address may allow for you to be identified; while a dynamic IP address does not usually allow for it.
Information Through Mobile Devices.
When you access the Sites or the FLO Network through your mobile telephone or other mobile devices (“Mobile Device”), we may collect: (i) Mobile Device type and manufacturer; (ii) mobile carrier; (iii) Mobile Device identifiers (“Device ID”); (iv) telephone number; (v) Internet Protocol address; (vi) geographic location/country/zip code; (vii) platform version; (viii) installation, navigation, access, interaction, impression and engagement information; (ix) network connection type; (x) browser type; (xi) Mac address; (xii) iOS advertiser ID; and (xiii) such other information you voluntarily provide to us. In addition, we may collect information you provide when you sign up to have Short Message Service notifications sent directly to your Mobile Device.
Children
The Sites are not intended for children under the age required to drive an automobile in your jurisdiction or 13 years, whichever is higher. If you are under this age, please do not provide personal information to us of any kind whatsoever. If a child under this age provides us with personal information, a parent or guardian of that child may contact us to have this information deleted from our records. If you believe that we may hold information from a child under the age of 13, please notify us though our Privacy Officer by e-mail at [email protected].
Use of Information
We use the information we collect about you mainly for the following purposes:
• Administering the Sites and making them available to you; • Allowing you to buy our products and services online; • Allowing you to access the FLO Network and networks with which we have roaming agreements and to use the charging services they offer;
• Billing you for your charging activities on the FLO Network and networks with which we have roaming agreements;
• Detecting and preventing threats to computer or FLO Network security; • Developing and marketing our brand image, products and charging services, promotions and advertising.
• Communicating with you about technical notices, product and service upgrades, security alerts and support— because this information is important to your interaction with FLO, you may not opt out of receiving these communications while you still have an account with us; • Verifying your identity and the veracity of any requests if you contact us; 178
• Responding to your requests, complaints, comments and questions, including helping you find alternative charging locations near you, if necessary;
• If you enter into a sweepstake, contest, or similar promotion, we may use the information you provide to administer those programs; and
• From time to time, any other purpose authorized or required by applicable law.
We also use the information we collect about you to generate statistics, gather information, and measure activity on the Sites and on the FLO Network. When we compile information for these statistical purposes, your personal information is not individually identifiable. Rather, it forms part of a whole made up of data from all the users of charging stations.
We may use your personal information to communicate with you about our services, upcoming events, promotions and special offers, and other news about us. We will ask you for your consent before doing so, subject to the applicable laws. Moreover, you will have the right to request information regarding our disclosure of your personal information to our affiliates or third parties for marketing purposes. You may do so and/or withdraw your consent to this type of use by writing to our customer service at [email protected]. More particularly, if you are on our mailing list and wish to unsubscribe, you may do so by clicking the link provided on every email.
We use cookies to help us analyze the Sites’ performance, remember your preferences, monitor your usage and tailor advertisements to you (see the section on Interest-Based Advertising below).
Sharing of Information
Your personal information will not be shared with third parties other than as described in this Privacy Policy, except as required or authorized by law, or as ordered by a competent court.
Partners and Suppliers
FLO may share information related to your use of the Sites and the FLO Network (i) with the owners and the hosts of our charging stations, and with our service providers and entities with which we run joint programs or offers, such as electricity suppliers, in order to improve or to continue to offer the charging services and to provide services related to programs you have chosen to participate in involving our service providers and entities with which we run joint programs or offers.
When you use your FLO user account to "roam" on another EV charging network with which we have a roaming arrangement, or if you are a member of another EV charging network "roaming" on the FLO Network, we are required to disclose various personal information with the operator of the other network to support your charging including, but not limited to, name, FLO Network user number, charging information, contact information, to provide any support necessary and conduct billing and reporting as required by agreement with our roaming partners.
When you are a member of another EV charging network, by using our FLO Network and Sites you agree to be bound by this Privacy Policy.
Within FLO, we limit access to your personal information to authorized personnel in compliance with applicable law.
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Third parties
We may also share information with third parties, specifically financial and legal advisors, as part of a sale or assignment of our business, for audit purposes or for other financial transactions, including, but not limited to, credit transactions.
Affiliates
We may disclose personal information to our subsidiaries, parent companies, joint ventures and other corporate entities under common ownership located in the United States, Canada or anywhere else in the world for the purpose of transferring and processing such personal information based on our instructions and such purposes as described in this Privacy Policy.
Ownership Change
In the event we combine with another company in the future through a corporate merger, sale, acquisition, liquidation or other similar process, your personal information may be transferred with the business or a part of it, or may be sold as an asset of the business, to the successor organization in such transaction. If material changes to our privacy practices will occur as a result of such transaction, you will be notified via prominent notice in our Sites of any change in ownership or uses of your personal information, as well as choices you may have regarding your personal information.
Aggregated Information
We may share with third parties some non-personally identifiable information and aggregated non- personally identifiable information, for example, the number of customers located in a certain geographic area or the number of hours in a day customers with an electric vehicle use electric vehicle chargers.
Safekeeping of Information
No method of transmission over the Internet, or method of electronic storage is ever completely secure.
There is always a risk that the information you are sending us may be lost, intercepted, hacked or misused. Therefore, we encourage you to take special care in deciding what personal information you provide to us as we cannot guarantee its absolute security.
Storage of Information
All personal information will be safeguarded in a confidential manner in compliance with the privacy laws of the jurisdictions where we do business. We employ reasonable administrative, technical and physical safeguards to protect your personal information from loss, theft and unauthorized access, use, modification and destruction. We process personal information on our servers in the United States, Canada and in other countries. In some cases, we may process your personal information outside of your country. By using our Sites or the FLO Network, you consent to your personal information being transferred to, stored in, and processed outside of the United States.
Access to your personal Information
You have a right, under the law, to obtain access to your personal information and to request that it be corrected if the personal information is inaccurate, out of date, incomplete or ambiguous, or if the 180
collection, release or keeping of the information is not authorized by law. If you notice any errors or inaccuracies, please let us know and we will make the necessary corrections. Subject to our retention rights described below, you may also request to have your personal information deleted. Any request for access to, or correction or deletion of your personal information and any notice shall be directed by e-mail to FLO’s Privacy Officer: [email protected].
Retention Period
Your personal information is kept as long as required for the purposes for which it was collected or for the purposes of compliance with our legal and regulatory obligations. When the information is no longer necessary, it is destroyed. When destroying documents and data, we follow strict procedures and ensure that only authorized personnel have access to them.
In addition, we will provide notice to you of any breach of security, confidentiality or unauthorized release of personal or private data in accordance with applicable laws, rules and regulations.
Interest-Based Advertising
This section tells you about FLO’s online advertising practices.
As mentioned above, we use cookies and other similar surveillance technologies (including scripts, pixel tags, etags, web beacons) on the Sites to understand your habits when you browse the Sites or the websites that display our advertisements. These tools help us and our marketing partners tailor advertisements that we think are most helpful and relevant to you. We may also use the information we gather about you to customize our advertisements according to your interests.
Customized Social Media Ads
FLO partners with third-party social media platforms, such as Facebook, to show you customized advertisements. To offer such ads, we may convert your email address, telephone number or other contact information you have provided to us into a unique value which can be matched to your social media profile by our partners, such as Facebook or other social media platforms. While FLO does not provide any personal information to these platforms, these platforms may gain insights about individuals and help us in providing interest-based advertising. Please visit Facebook for information on Facebook’s advertising and privacy policies https://www.facebook.com/about/privacy/), and visit any other social media platform you use for information on their policies.
Your Choices with Respect to Interest-Based Advertising You have a choice whether or not to accept the use of certain cookies by using the "help" feature of your Internet browser.
You can opt-out of network advertising programs here:
• NAI opt-out page: http://www.networkadvertising.org/managing/opt_out.asp and • Ad Choices opt-out page: http://www.aboutads.info/choices/ You can opt-out of customized social media ads by adjusting your social media settings (for instance, you can manage your settings via your Facebook profile). You can also unsubscribe from mailing lists by using the links included in the advertisements.
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Do Not Track
We do not respond to DNT (Do Not Track) signals.
Please note that if you opt-out you may still receive online advertising from FLO or from other websites or applications. However, these advertisements will not be displayed to you based on your interests.
Final Provisions
This Privacy Policy is an integral part of the Terms of Use of the Sites and the FLO Network and all of their terms and conditions apply herein, including without limitation, the provisions regarding applicable laws and possible modifications.
© 2018. FLO Services USA Inc. All rights reserved.
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STAFF REPORT
CITY COUNCIL