Dublin City Council
June 6, 2023

Agenda Item 4.6
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Lanlogic, Inc. for the Purchase of Information Technology Services and Related Equipment
Prepared by: Steve Windsor, Chief Information Security Officer EXECUTIVE SUMMARY:

The City Council will consider approving a three-year agreement with Lanlogic, Inc. for the purchase of information technology services and related equipment.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement with Lanlogic, Inc. for Information Technology Services and Related Equipment.

FINANCIAL IMPACT:

The proposed agreement with LanLogic is not to exceed $450,000 over the three-year term.

Funding for computer-related services and supplies is included in the Information Technology Internal Service Fund Budget approved by the City Council as part of the annual budget process.

DESCRIPTION:

The City uses consultants for information technology services and related equipment purchase and support. Over the last several years, the City has engaged Lanlogic, Inc. for these services and is pleased with their performance.

Over the last three years, the City has spent $395,947.41 for technology equipment monitoring, software support renewals, and Information Technology professional and contract services. The City’s current contract expires June 30, 2023.

The Municipal Code requires a competitive bid process to be conducted to award a contract for these types of services. However, Section 2.36.100.B.9 of the City's Purchasing Policy provides an exemption to a competitive bidding process when another public agency has administered a 196

competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment.

Zone 7 Water Agency recently conducted an RFP process and selected Lanlogic, Inc. for similar services. Per the Municipal Code, the City will utilize Zone 7’s competitive bid process and select Lanlogic, Inc. for the City’s Information Technology Services and Related Equipment needs.

The attached three-year agreement provides for a not-to-exceed amount of $450,000 for a period of three years from July 1, 2023, to June 30, 2026. While this is more than what the City typically spends, Staff recommends leaving room for special projects and future work on new City facilities like the Cultural Arts Center and new cybersecurity software and hardware deployment.

STRATEGIC PLAN INITIATIVE:

Strategy 3: Infrastructure Maintenance and Reinvestment Objective B: Provide on-going condition assessments of aging city facilities and assets.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Agreement with Lanlogic, Inc. for Information Technology Services and Related Equipment
2) Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc.
3) Zone 7 Award Contract
4) Zone 7 Request for Proposal (RFP)
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Attachment 1
Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 1 of 2 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT WITH LANLOGIC, INC. FOR INFORMATION

TECHNOLOGY SERVICES AND RELATED EQUIPMENT
WHEREAS, the City engaged Lanlogic, Inc. (Consultant) in prior years to perform information technology infrastructure planning, architecture, design, and deployment services, support, as well as related equipment; and
WHEREAS, the City’s most recent engagement with the Consultant for the purchase of information technology services and related equipment is set to expire on June 30, 2023; and WHEREAS, the City desires to enter into a new three-year Agreement for the purchase of information technology services and related equipment beginning July 1, 2023 and ending June 30, 2026; and
WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City can procure items from a competitive bid process administered by another public agency; and
WHEREAS, Zone 7 Water Agency has recently completed a Request for Proposal (RFP) competitive bid process whereby it selected and entered into an agreement with Lanlogic, Inc. for substantially similar consultant or professional services, general services, supplies or equipment; and
WHEREAS, the Agreement contains a not to exceed amount of $450,000 for that threeyear period; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment and services with a cost greater than or equal to forty-five thousand dollars ($45,000).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the consulting services agreement with Lanlogic, Inc, as attached hereto as Exhibit A to the Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes and delegates authority to the City Manager to approve the consulting services agreement with Lanlogic, Inc. as provided for by Section 2.36.100(B)(9) of the Dublin Municipal Code. {Signatures on the following page}
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Reso. No. XX-23, Item X.X, Adopted 06/06/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution

CONSUL TING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND LANLOGIC, INC. FOR THE

PURCHASE OF INFORMATION TECHNOLOGY SERVICES AND RELATED EQUIPMENT THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Lanlogic, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of July 1st , 2023 (the
"Effective Date").

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

1.1 1.2

1.3 1.4
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30th
, 2026, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8.

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

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

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

1.5 [Intentionally Delated].

1.6 [Intentionally Delated].

Section 2. COMPENSATION. City hereby agrees to pay Consultant a not to exceed sum of $450,000. Notwithstanding any contrary indications that may be contained in Consultant's proposal, for Consulting Services Agreement between the City of Dublin and Lanlogic, Inc. for Purchase of Information Technology Services and Related Equipment July 1, 2023

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EXHIBIT A

SCOPE OF SERVICES
Project/ Task Objectives and Requirements
Attachment 2
Exhibit A to the Resolution
• IT support of the City of Dublin network on task order basis as directed by the City Scope of Work and Deliverables
The Consultant shall provide services and staff, and otherwise do all things reasonably necessary for or incidental to the performance of work, as set forth below:
• Network engineering and support services performed onsite and remotely • Microsoft server and VMware engineering and support services • IT project management
• Interface with City vendors including network carriers, the County of Alameda, contractors and other services as needed
• Staff augmentation during vacations and extended leaves • Network infrastructure hardware and related equipment (examples – CISCO network Switches and Meraki Wifi Access Points)
The Consultant shall procure and deliver to City of Dublin the following:
• Documentation of any project
• Detailed time logs of all work performed
• Monthly billing of any services
The following are not included within this scope of service:
• Projects that have been authorized under a separate PO Consulting Services Agreement between City of Dublin and Lanlogic, Inc. for Purchase of Information Technology Services and Related Equipment July 1, 2023
Exhibit A - Page 1 of 1
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EXHIBIT B

COMPENSATION SCHEDULE
Lanlogic, Inc. will guarantee the following hourly rates for the term of this agreement as follows:

Fiscal Years 2023-2024 2024-2025 2025-2026
T&M Hourly Network Engineer $195.00 $201.00 $207.00
After Hours/Weekends $292.00 $301.00 310.00
Note: Annual rate increases will not exceed CPI up to a maximum of 3%.

The City shall pay the Consultant the amount noted above for the performance of all activities necessary for or incidental to the performance of work as set forth in this agreement. Consultant will provide invoices to the City on a monthly basis as requested by the City on an as needed basis.

Consultant Services Agreement between City of
Dublin and Lanlogic, Inc.

July 1, 2023
Exhibit B: Compensation Schedule
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EXHIBIT C

INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Consultant's performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

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

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

Consulting Services Agreement between City of Dublin and Lanlogic, Inc. for Purchase of Information Technology Services and Related Equipment July 1, 2023
Exhibit C - Page 1 of 1
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ITEM NO. 7b
ORIGINATING SECTION: Administration
CONTACT: Osborn Solitei
AGENDA DATE: October 19, 2022
SUBJECT: Award a Contract for Information Technology and Supervisory Control and Data Acquisition (SCADA) Support Services
SUMMARY:
• Zone 7 currently contracts with Lanlogic, Inc., to provide Information Technology and SCADA support services and the current six-year contract value is $1,553,190. The contract expires on December 31, 2022.
• In accordance with the Agency’s Purchasing Policy which allows procurement of professional services based on qualifications and experience (without a bidding process based on pricing), the selection of the consulting firm for the services was done through a competitive procurement process. A Request for Proposals (RFP) was issued on July 15, 2022, for Information Technology and SCADA Support Services.

The RFP was advertised on the Agency’s website. Two proposals were received. • Upon review of the proposals, Lanlogic, Inc., was found to be best qualified vendor to provide IT and SCADA support services by the selection committee based on the evaluation criteria which includes the proposer’s knowledge and relevant experience, understanding of the Agency’s IT needs, approach, references, and costs. • Staff, therefore, recommends awarding the contract to Lanlogic, Inc.  The proposed action is in support of Strategic Plan Goal E: Effective Operations – provide the Agency with effective leadership, administration, and governance.  Staff recommends that the Board authorize the General Manager to:
 negotiate and execute a professional services agreement with Lanlogic, Inc., to provide IT services and SCADA support services for a three-year period (January 1, 2023, through December 31, 2025, for a contract amount not-to-exceed $848,689.  negotiate, execute, and amend as needed two optional one-year contract extensions based on satisfactory performance and increasing the total five-year contract value not-to-exceed amount of $1,457,764 as shown on the table below:

Attachment 3
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FUNDING:

For FY 2022-23 and FY 2023-24, funding for IT services is budgeted and available in Fund 100 – Water Enterprise Operations and Fund 200 – Flood Protection Operations, and for the remaining years, funding will be requested in the subsequent fiscal year budget.

RECOMMENDED ACTION:

Adopt the attached Resolution.

ATTACHMENT:

Resolution
Period Annual Amount
January 1, 2023 – December 31, 2023 $274,577
January 1, 2024 – December 31, 2024 $282,814
January 1, 2025 – December 31, 2025 $291,298
3-Year Contract Total $848,689
January 1, 2026 – December 31, 2026 $300,037
January 1, 2027 – December 31, 2027 $309,038
5-Year Contract Total $1,457,764
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ZONE 7

ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT

BOARD OF DIRECTORS
RESOLUTION NO.

INTRODUCED BY

SECONDED BY
Award a Contract for Information Technology and
Supervisory Control and Data Acquisition (SCADA) Support Services WHEREAS, the current Information Technology and SCADA support services provider is Lanlogic, Inc., and the current contract expires on December 31, 2022; and WHEREAS, staff followed the Agency’s Purchasing Policy allowing for procurement of professional services based on qualifications and experience, and advertised Request for Proposals for consulting services; and
WHEREAS, through a consultant selection process, Lanlogic, Inc., was determined to be the best qualified firm to provide these services and perform the required work; and WHEREAS, Lanlogic, Inc., has satisfactorily provided these services in the past; and WHEREAS, the proposed action is in support of Strategic Plan Goal E - provide the Agency with effective leadership, administration, and governance.

NOW, THEREFORE, BE IT RESOLVED, that the Zone 7 Board of Directors of the Alameda County Flood Control and Water Conservation District, does hereby authorize the General Manager to negotiate, execute, and amend as needed a professional services contract with Lanlogic, Inc., to provide professional Informational Technology and Supervisory Control and Data Acquisition (SCADA) support services for a three-year term (January 1, 2023 through December 31, 2025) for a contract amount not-to-exceed $848,689.

BE IT FURTHER RESOLVED that the General Manager is authorized to negotiate, execute, and amend as needed two optional additional one-year periods based on satisfactory performance, increasing the total five-year contract value not-to-exceed $1,457,764.

ADOPTED BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSENT:

ABSTAIN:

I certify that the foregoing is a correct copy of a
Resolution adopted by the Board of Directors of
Zone 7 of the Alameda County Flood Control and
Water Conservation District on October 19, 2022.

By:

President, Board of Directors
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Request for Proposal (RFP)
Information Technology (IT) and SCADA Support Services
Zone 7 Water Agency
100 North Canyons Parkway
Livermore, CA 94551
Proposals Due: August 26, 2022
Contact: Karen Bartels, Buyer II
Phone: 925.454.5039
Email: [email protected]
Attachment 4
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ZONE 7 WATER AGENCY
RFP
IT and SCADA Support Services

Contents
Introduction .......................................................................................................... 3 Background ........................................................................................................... 3 Minimum Vendor Qualifications ............................................................................... 4 Pre-Proposal Communications ................................................................................ 4 Submission Requirements ...................................................................................... 4 Current Environment .............................................................................................. 6 Proposed Scope of Services .................................................................................... 7 Fee Schedule ......................................................................................................... 9 Transition/Onboarding: .......................................................................................... 9 Service Level Agreements (SLA’s) ........................................................................... 9 RFP Schedule ...................................................................................................... 11 Interpretation or Correction of RFP Documents...................................................... 11 Notice of Award ................................................................................................... 11

EXHIBITS
Exhibit A – Scope of Services Required
Exhibit B – Sample Services Agreement
Exhibit C – Exceptions or Deviations form

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Introduction
Zone 7 Water Agency (Agency) is seeking proposals from qualified firms to provide Information Technology (IT) and Supervisory Control and Data Acquisition System (SCADA) Support Services. This Request for Proposal (RFP) describes the project, the required scope of services and the information that must be included in the proposal.

Failure to submit information in accordance with the RFP's requirements and procedure may be cause for disqualification. A Proposal Review Team will review and evaluate the submittals and the Agency will enter into negotiations with the successful vendor to result in an Agreement for Services for the project.

The term of any contract awarded for these services will be for three (3) years beginning January 1, 2023, through December 31, 2025. The Agency reserves the right to extend the term of this contract for two (2) additional one-year terms subject to the review and recommendation of the General Manager.

The Proposal Evaluation Criteria is described in RFP Section – Responsiveness and Selection Process. Each proposal will be evaluated based on completeness and thoroughness of the responses with respect to the requested information.

Background
The Zone 7 Water Agency (Zone 7 or the Agency) is part of the Alameda County Flood Control and Water Conservation District, which is a dependent special district of Alameda County. Its mission is to deliver safe, reliable, efficient and sustainable water and flood protection services. It is governed by an elected seven-member Board of Directors. Zone 7 derives its revenues from property taxes, water sales, development fees, drainage fees, and interest. It has broad authority power to finance, construct and operate a system for the transportation, storage, treatment, and distribution of water. Zone 7 supplies wholesale water to four municipal customers, which are the City of Livermore, City of Pleasanton, Dublin-San Ramon Services District (DSRSD) and the California Water Service Company. These customers distribute the water to municipal and industrial customers.

Zone 7 employs approximately 100 full time staff at four separate sites. Those sites are connected through a Wide Area Network. Zone 7 is connected to the County of Alameda's central network for accounting, payroll, human resources and purchasing applications.

Zone 7 has an administrative/business network and a completely separate Operational Technology (OT) Supervisory Control and Data Acquisition System (SCADA) network.

Zone 7 has few dedicated information technology positions: an Associate Controls System Engineer, a Geographic Information Systems Analyst (currently vacant), and Instrument Technicians who focus on the Computerized Maintenance Management System (CMMS) - one position) and SCADA.
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Zone 7 outsources full IT services to support its desktop, business and SCADA OT networks, application recommendations and information technology consulting. This role is currently supported by Lanlogic, Incorporated. The purpose of this RFP is solicit proposals and gain adequate information by which the Agency may evaluate the services offered by respondents in order to secure a new contract for those services.

Minimum Vendor Qualifications
The vendor shall have been in business performing IT and SCADA Support and supplemental IT Project related work for a minimum of five (5) years and shall have completed similar projects for other government agencies during the last three years.

Vendor must provide all services from facilities within the continental U.S. and maintain a local office in the Tri-Valley area (comprising the cities of Pleasanton, Dublin and Livermore, CA).

Pre-Proposal Communications
If, upon review of this RFP, your firm intends to submit a proposal, please email the Agency’s point of contact for this RFP, Karen Bartels, Buyer II at [email protected] by 5 p.m. on August 19, 2022, to confirm your intent to submit. Communications related to this RFP, including vendor-submitted questions, answers, addendums, and other vendor communications will be transmitted to the contact information provided in your initial notice.

Questions or comments regarding this RFP should be submitted in writing, via email to Karen Bartels, Buyer II at [email protected] no later than 5:00 p.m. on August 5, 2022 All responses to questions will be posted on the Agency’s website under Construction & Business Opportunities on August 12, 2022.

Submission Requirements
ALL PROPOSALS ARE DUE VIA EMAIL BY 5:00 PM ON August 26, 2022.

Submittals should be directed to:

Karen Bartels, Buyer II
Email: [email protected]
Proposals must be submitted as a single document in PDF or MS Word format, via email with the subject line “IT and SCADA Support Services.” Late proposals will not be considered.
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For proposals to be considered complete, they must include the following:
 Title Page: including the subject of the proposal, the proposing company’s name and postal address, the name, email address, and telephone numbers of a contact person, the date of the proposals, and signature of a duly authorized official representing the vendor.
 Table of Contents
 Executive Summary: should provide a summary of the firm's overall proposal, including the vendor's understanding of the project.
 Company Background: including the number of years actively providing professional services for IT and SCADA OT network services, location of office from which service will be provided, company’s normal business hours [PST] for office-providing services and total number of employees.  Qualifications: A description of the firm’s qualifications and experience performing similar services. Vendor should have at least 2 Microsoft Certified Systems Engineer (MCSE) on staff. Additional preferred qualifications include Microsoft Mid-Market Solutions Provider Silver or better; VMware Solution Provider; and/or Veeam Partner.
 Staffing: A list of the proposed staff members who will be assigned to this project as well as their qualifications. Include bios for each proposed individual and indicate where each will be located and the percent of time each will be dedicated to support the Agency. The bios must identify any special skills each would bring to this engagement, including any relevant certifications.  Insurance Requirements: A statement indicating whether the firm, in the event of award, would be able to provide insurance meeting or exceeding the requirements and acceptance of the Agency’s standard Vendor agreement (Refer to Exhibit B, Appendix C)
 Exceptions or Deviations (Exhibit C): Use to indicate any exceptions and/or deviations to the terms and conditions or insurance requirements in Exhibit B.  Description of any claims: lawsuits, or legal settlements your firm has had in the past and/or those that are currently pending
 References: A minimum of three (3) references, including at least one public agency for whom the vendor has provided similar services.  Fee Schedule: showing any and all charges for performing the services in the proposed scope of work, expressed in both a hourly and annual basis  Scope of Work: including a detailed description of services to be provided, the nature and level of support available, and transition plan, as applicable. The vendor may recommend other tasks that it deems appropriate to achieve the objectives set forth in this RFP.
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Proposals shall be signed and dated by an authorized officer with a guarantee that the proposal will be valid for a minimum of 120 days. Responses that do not include the content required in this section will be considered incomplete and will receive no further consideration.

The preparation of the RFP will be at the total expense of the vendor. There is no expressed or implied obligation for the Agency to reimburse responding vendors for any expense incurred in the preparation of proposals in response to this RFP. All proposals submitted to the Agency shall become properties of Agency and will not be returned.

Current Environment – the current IT and OT environments are described below:

Technology
 There are approximately 23 Servers 56 desktops, 75 laptops. The Agency wishes to deploy field-based tablets in the future.
 Existing desktops and laptops are a mixture of Windows 7 and Windows 10 Professional.
 Server environment contains a mixture of operating systems 2003, 2008 R2, 2012R2, 2016, and 2019. The majority of servers are Windows 2012R2. The environment is built on Dell Server Hardware.
 Electronic mail is currently Office 365.
 The Agency’s website is hosted externally.
 The Agency maintains 5 locations with Internet access and staff. AT&T OPT-EMan circuits are used for all site connectivity.  The Agency has two Domain Controllers at Headquarters, Del Valle, and Patterson Pass. The Domain Controllers are 2008 R2 and 2012 R2.  The Agency’s current virtual infrastructure is configured with VMware.  Phone system – Mavericks
 Employees are provided VPN access using SonicWall Global VPN Client Network
 Network switches and routers (primarily Cisco).
 Firewalls are primarily SonicWall.
 Agency has approximately 75 mobile devices (phones and tablets).  Meraki Wireless
SCADA OT Network Equipment List
 (10) Dell Severs running Windows 2000
 (2) Dell NAS servers
 (36) Dell workstations running XP
 (4) Cisco 2600 routers
 (3) Cisco Pix 515e firewalls
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Facility locations - services shall be provided at the following locations:

Table 1 – Facility Locations
North Canyons Headquarters Livermore, CA
Del Valle Water Treatment Plant Livermore, CA
Patterson Pass Water Treatment Plant Livermore, CA
Distribution & Wellfield Parkside Pleasanton, CA
Mocho Groundwater Demineralization Plant Pleasanton, CA Proposed Scope of Services
Qualifying submittals will address the vendor’s plan for providing the services listed below.

For additional detail on the anticipated scope of services, refer to Exhibit A of this RFP.

Table 2 - Scope of Services
Day-to-Day Implementation
Services Include:

Project-Related Services May
Include:

End user support, including support of
Virtual Private Network (VPN) and
remote users
Mobile Device Management system
implementation for management of
Phones and Tablets
Help desk - 24/7 availability for SCADA
OT network and normal business hours
for the administrative/business network
Multi-Factor Authentication
implementation to better secure logins
Network support, including
LAN/SAN/WLAN/WAN VPN Upgrade
Business network and server monitoring
and management/Alameda County
network support Office Upgrade/Rollout
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Table 2 - Scope of Services
Day-to-Day Implementation
Services Include:

Project-Related Services May
Include:

SCADA OT network and server
monitoring and management, remote
access management
Server Upgrades/assist with developing
annual IT budget for server upgrades
and other IT needs
Radio and phone system support
Network Upgrades - Upgrade network
switching environment to current
generation.

Firewall and WAN management Application Upgrades
IT Security Services - Implement
advanced threat management tools to
increase security monitoring.

Alternatives potentially include Cylance,
Artic Wolf, or other products.

Computer lifecycle, asset inventory and
software licenses management
IT Consulting and Strategy Mobile Device Implementations/Rollouts IT/Telecom Liaison
SCADA network support and system
projects
IT Project Design, Execution and
Management Expanding the network to new facilities
Technical Program Management
Coordinating with ATT for network
upgrades
IT Training – Applications, Technology
and Security Video conferencing setup and support
Automate email phishing testing to
reduce time spent administering
program
Network support of the physical security
system
24x7 network and server monitoring
with onsite response
Upgrade Active Directory network to
Windows server 2019
Creation and maintenance of accurate
and updated technology documentation
Cloud based backup solution to include
cloud-based recovery of Administrative
Systems
Respond to annual financial audit
questions
Cloud based backup solution to include
email archiving and O365 backup
systems
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Table 2 - Scope of Services
Day-to-Day Implementation
Services Include:

Project-Related Services May
Include:

Maintenance of the custom cost system
application and support ERP system
upgrades and maintenance
Expand utilization of O365 suite –
implement MS Teams and SharePoint for
internal and external file sharing and
collaboration
Fee Schedule
Each proposal will include a Fee Schedule that outlines all monthly service delivery costs as well as any proposed one-time software, start-up costs, change fees, or other penalties. The Fee Schedule should include a breakdown of pricing structure (per user, per hour, etc.) and any additional billing rates, hourly costs, and additional expenses for each individual or service. Costs must be expressed on an hourly and annual basis. Total annual costs for years 1-3 must be provided, with estimated cost for optional years 4-5.

Transition/Onboarding:

Vendors are expected to ensure that the award of this service contract will not result in disruption to the Agency’s administrative and operational business processes. Proposals should include a transition plan to ensure that this objective is met at both the beginning of services, as well as at the conclusion of the contract, including any costs related to the transition. The description shall include the vendor's approach to developing and executing the transition plan (including collaboration with third-party software and service providers), the estimated duration of the transition, the quality assurance activities related to ensuring that the transition proceeds as planned, a plan for providing periodic status reports to the Agency regarding the status of transition activities, and a description of anticipated costs specific to the transition. The vendor shall clearly identify those activities in its transition plan that shall be the responsibility of the Agency and the Agency's incumbent service provider, and those activities that shall be performed by the vendor.

Service Level Agreements (SLA’s)
The following table provides definition as to the required functions to be performed by the Vendor. Each SLA provides a description of the service, service requirement, and measurement.

When service falls below the identified threshold, the Vendor will work to resolve service problems and report progress. In the event service does not improve, a joint meeting between the Vendor and the Agency will take place to discuss and resolve the issues that have resulted in diminished service. The Vendor will publish and distribute a report from the meeting that documents the results and issue resolution. The Agency reserves the right to add, change or delete any SLA during contract negotiation with the selected 228
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Vendor. Regardless, the Vendor is required to specifically define its approach to meeting and exceeding each specific SLA. If a contract is awarded, the Vendor shall provide the Agency access to the data used to calculate its performance against the Service Levels and the measurement and monitoring tools and procedures utilized by the Vendor to generate such data for purposes of audit and verification.

Table 3 – SLA’s
Title/Description Minimum Service Level
All Network Connectivity 99.999% availability
All Business and SCADA Servers 99.999% availability
Emergency service requests -
server(s) down, WAN link issue
Resolved within 2 hours at least 90% of
the time
Emergency service requests that
materially affect a single site.

Resolved within 4 hours 90% of the time
Non-emergency service requests Resolved within 48 hours 90% of the Server backups Nightly (incremental/ differential) and
weekly (full) offsite; expectation is that
backup process will include backup to disk
and backup disk to Internet
Password resets Resolved within 30 minutes 90% of the
time
Restoration of SCADA servers
from network backup
Restored within 24 hours 99.999% of the
time
Restoration of business servers
from network backup
Restored within 48 hours 99.999% of the
time
Restoration of desktops Restored within 48 hours 99.999% of the time
Restoration of individual file from
network backup to user's desktop
Restored within four hours 95% of the
time
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RFP Schedule
Table 4 – RFP Schedule
Schedule Date
Release RFP July 15, 2022
Deadline for Questions August 5, 2022
Response to Questions August 12, 2022
Bidder Confirms Intent to Submit Proposal August 19, 2022 Proposals Due via Email August 26, 2022
Proposal Review and Evaluation August 26 – September 14, 2022 Bidder interviews and final selection
(at discretion of Agency) Week of September 19, 2022
Board Approval/vendor award October 19, 2022
Contract Start Date January 1, 2023
Interpretation or Correction of RFP Documents
The vendor shall review the RFP documents to determine if there are any particular requirements for this project that may impact the preparation of the proposal including insurance, and any other requirements. In the event the vendor has any questions regarding the meaning of any part of the documents, or finds any error, omission, inconsistency, or ambiguity in the documents, the vendor shall make a written Request for Clarification prior to submitting its proposal. It shall be the vendor’s responsibility to ensure any such request is submitted to Zone 7 in a timely manner in order to allow Zone 7 issuance of a written addendum.

If necessary, the Agency shall make clarifications, interpretations, corrections, and changes to the documents by addendum issued as provided in these instructions.

Purported clarifications, interpretations, corrections, and changes to the documents made in any other manner shall not be binding on the Agency, and vendors shall not rely upon them.

Submission of a proposal indicates the vendor’s acceptance of the conditions contained in this Request for Proposals document, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the Agency and the Vendor selected.

Responsiveness and Selection Process
The decision for selection will be made on a combination of criteria, including:
comprehensiveness of proposal, responsiveness and adherence to format, quality and 230
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completeness of proposal, qualifications and experience of the firm or partnership with same or similar equipment/services, vendor's ability to perform in a timely fashion, technical merits of specifications, system capabilities, reliability, and flexibility, system design and implementation, total cost (including ongoing operating costs), local project team and subcontractor/Vendor qualifications, reputation of vendor, and references. The following table represents the principal selection criteria, which will be considered during the evaluation process:

Table 5 - Evaluation Criteria
Criteria Weight
A. Executive Summary and the Proposer’s interest of the project 10 Points B. Vendor Team Organization, Qualifications and Experience 15 Points C.

Relevant project experience and examples, Proven experience in meeting service level minimums and outlined in Table 3 20 Points D.

Description of proposal services, transition plan, approach and understanding of the project 40 Points
E. References 5 Points
F. Cost Proposal (Fee Schedule) 10 Points
RFP responses will be reviewed by Agency staff, with feedback from existing agency consultants as necessary. Reference checks may consist of phone and/or email inquiries to any current or past customer of the vendor, either provided by vendor or contacted independently by the Agency.

The Agency reserves the right to request vendors at any phase of the evaluation process to clarify information provided in RFP responses. Clarifications must be submitted in writing by the requested deadline; otherwise, the RFP response will be deemed nonresponsive or evaluated without the benefit of the clarification requested. If the Agency determines that all vendors failed to submit requested information or adequately responded to the same RFP question or request for data, the Agency may, at its discretion, issue an RFP Addendum and provide all vendors with an opportunity to provide a response to the RFP question. Responses to RFP Addendum questions must be submitted in writing by the stated deadline; otherwise, the RFP response will be deemed non-responsive or evaluated without the benefit of the clarification requested.

The Agency reserves the right to reject any or all proposals, in whole or part, to waive any informality in any proposal, and to accept the proposal which, in its discretion, is in the best interest of the Agency. Cost is not the only factor to be considered. The lowest cost vendor may not be selected.
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All vendors will be notified by email of the Agency’s decision at the conclusion of the selection process.

Notice of Award
Upon conclusion of the RFP response evaluation process, all bidder’s will be notified in writing of the contract award recommendation, if any, of Zone 7 Water Agency.

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Exhibit A – Scope of Services Required
Zone 7 is highly reliant on the external IT services provider supporting its networks (including routers, hubs, and switches), servers, desktops, and SCADA to effectively coordinate with Agency staff, the County of Alameda, and other external service providers to ensure that its business and engineering applications are available as needed.

Proposals submitted in response to this RFP should specifically address the provision of the following services related to the Agency’s IT needs:

Account Manager: Vendor is expected to provide an Account Manager for the Agency.

The Account Manager will interface with the Agency’s technology liaison and management and become the main contact for the Agency for the duration of the project. The Agency reserves the right to request a change in Account Manager based on performance. The Account Manager will be responsible for reporting on services provided, including the delivery of:
 A detailed monthly activity report and invoice showing work performed and time spent. Vendor must separate and identify in detail, particular services (SCADA, Help Desk, etc.) in billing/accounting.
 A Service Level Agreement Report on a monthly basis for tracking service level problems and resolutions
Help Desk Services: The activities required to coordinate and respond to incidents and service requests made by Agency end-users and technical staff. The Agency expects that the Help Desk will serve as the single-point-of-contact for resolution and escalation of all incidents and service requests related to all Agency technical requests. Vendor is expected to provide 24/7 on-call help desk services for the SCADA network and normal business hours for the administrative/business network. Vendor proposals must include how end-users will be serviced for off-hour requests (i.e., evenings, weekends, and holidays). On-call resources for urgent priorities may need immediate response on-site and/or remotely.

Technology Documentation: Vendor shall assist with the creation and maintenance of accurate and updated technology documentation, including, but not limited to:
 Device configuration version control
 Updated equipment, application, warranty, and license lists  Project-related network diagrams
 Account Administration, Management, and Reporting
 Summary report of all tickets opened, closed, or worked during the month, with a status for each
 Written updates on the status of service requests or projects (as needed)  Inventory of all IT assets, computer life cycle and software licensing management
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Project Management: Vendor's must perform Project Management Services as directed by the Agency in order to improve its ability to deliver projects; promote a closer collaboration between all departments, and advance Agency-wide and departmental objectives in a cohesive and transparent manner, which promotes a more integrated approach to the Agency's technology investments. Project implementation will be coordinated with the Agency schedules in order to minimize any disruptions to normal operations. Project Management Services include, for each project:
 Develop and provide a project charter, scope of work, and work plan to be reviewed and approved by the Agency.
 Provide weekly project status reports, including issues-tracking and reporting Professional Consulting Services: The Agency expects the Vendor to actively analyze and manage their service delivery performance, utilization, governance, and relationships with Agency departments, to drive to higher accountability and continuous improvement of IT service delivery over the life of the contract. Professional Consulting Services include:
 Management of Agency software licensing and compliance.  Provide recommendations pertaining to hardware and software upgrades, new hardware or software applications, or expansions of applications.  Support other specialized technology-related projects as identified  Part time Chief Information Officer services including consulting and strategic planning for both current and future needs, including attendance at IT committee meetings.

Maintenance Services and Monitoring: These services encompass activities required to provide and support the Agency's current infrastructure, including:
 Desktop Hardware and Software Maintenance Support: Services provided in this area supports desktop hardware, laptops, desktop software, and the peripheral devices attached to them. A wide variety of applications are in use across departments. These services should include application support for the full Microsoft Suite.  Desktop Client Services: Includes help desk support and user interface, ability to remotely take control of all workstations upon request to speed service response; onsite desktop support as requested; data recovery; hardware, software, and peripheral equipment fixes; technology refresh and lifecycle management; installations, moves, additions, and changes; and troubleshooting of desktop and network issues.
 Desktop Application Services: Basic troubleshooting and connectivity support to Agency applications; image management; patch management (all applications and operating systems); implementation of antivirus automated scheduled scans and automatic definition updates (no manual updates or scan); electronic software distribution, integration, and testing; and mobile Device Management for all laptops, tablets, and smart phones.
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 Server and Network Services: Server maintenance, and development and implementation of security protocols; evaluation and daily monitoring of server diskspace, backup systems, anti-virus systems, and server event logs; maintenance of a Wide Area Network (WAN) and Local Area Network (LAN) at each site; maintenance of the AT&T Internet Tl for Internet access; support of Virtual Private Network (VPN) and remote users; remote monitoring of network including connectivity and event logs on a 24x7 basis; network security and capacity planning; and equipment procurement and installation.
 IT Asset and Software Tracking: Includes computer, server, software licensing lifecycle management and asset disposal.

SCADA OT network:

Provide tier 2 support of the SCADA OT network in conjunction with the internal SCADA support staff including:
 Help desk - 24/7 availability for SCADA OT network.
 Domain, server, and workstation maintenance, including security policies.  Evaluation and daily monitoring of backup systems.
 Evaluation and daily monitoring of anti-virus systems.  Evaluation and daily monitoring of server event logs.  Manage remote access to the SCADA OT network
 Maintenance of WAN and LAN at each site.
 Network routing support between the hard wired and wireless LANs.  Maintain SCADA OT network servers and workstations, and coordinate with SCADA software vendor if necessary.
 Primary responsibility to prevent accidental Internet access to the SCADA OT network.
 Provide networking and Windows support to SCADA vendor as needed.  Recovery of all workstations and servers as needed from the network backup.

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Exhibit B – Sample Services Agreement

SERVICE AGREEMENT
between

ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, ZONE 7
and
Consultant Name
for
Project/Program Name
Contract No. ____________
Dated _________________
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This Professional Services Agreement (“Agreement”) is made effective as of ______________________, by and between the Alameda County Flood Control and Water Conservation District, Zone 7 commonly known as ZONE 7 WATER AGENCY, hereinafter referred to as (“Agency”), a public body, corporate and politic, duly organized and existing under and by virtue of the laws of the State of California and ______________________, a DESCRIBE BUSINESS ENTITY, E.G., PROFESSIONAL CORPORATION (“Consultant”) (collectively, the “Parties”), at Livermore, California, with reference to the following facts and intentions:

WHEREAS, The Agency is engaging in _______________________________ (“Project”); and
WHEREAS, The Agency requires a highly qualified consultant with the requisite knowledge, skill, ability and expertise to provide the necessary services for the Project (“Services”); and
WHEREAS, Consultant represents to the Agency that it is fully qualified and available to perform the Services for and as requested by the Agency.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows:

1. SCOPE OF WORK

1.1. Consultant shall provide all services set out in Appendix A, Scope of Work, attached and incorporated here to the satisfaction of the Agency.

1.2. Independent Contractor; Agency - The Consultant is acting hereunder as an independent contractor and not as an agent or employee of the Agency. The Consultant is thus not eligible to receive workers’ compensation, medical, indemnity or retirement benefits, including but not limited to enrollment in the Alameda County Employees’ Retirement Association (ACERA). Except as expressly provided herein, the Consultant is not eligible to receive overtime, vacation or sick pay. The Consultant shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the Agency.

1.3. Extra Services - Before performing any services outside the scope of this Agreement (“Extra Services”), Consultant shall submit a written request for approval of such Extra Services and receive written approval from the Agency. The Agency shall have no responsibility to compensate Consultant for any Extra Services provided by Consultant without such prior written approval.

1.4. Methods - Consultant shall have the sole and absolute discretion in determining the methods, details and means of performing the Services 237
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required by the Agency. The Agency shall not have any right to direct the methods, details and means of the Services; however, Consultant must receive prior written approval from the Agency before assigning or changing any assignment of Consultant’s project manager or key personnel and before using any Sub-consultants (“Sub-consultants”) or Sub-consultant agreements for services or materials under this Agreement and any work authorizations.

1.5. Review - Consultant shall furnish the Agency with reasonable opportunities from time to time to ascertain whether the Services of Consultant are being performed in accordance with this Agreement. All work done and materials furnished shall be subject to final review and approval by the Agency. The Agency’s review and approval of the Services shall not; however, relieve Consultant of any of its obligations under this Agreement.

2. COMPENSATION

2.1. Amount – As consideration for the Services described above, THE AGENCY will pay the Consultant an amount not to exceed $______________ (“Maximum Amount”). Payments will be made at the rates set forth in the Fee Schedule which is attached hereto within and incorporated herein as though fully set forth (“Fee Schedule” – Appendix B). Consultant shall submit an invoice within ten (10) days after the end of each month during the term of this Agreement describing the Services performed for which payment is requested.

2.2. Invoicing – The invoice shall identify and describe the activities performed by Consultant and state the total cost of the Services for the period of the invoice; the hours worked; the name and title of the person(s) performing the work; the hourly rate for the person(s) performing the work; the accrued reimbursable expenses; and the budget amount and percentage remaining (after invoice payment), without reduction for retentions. The invoice shall also identify expenses for which reimbursement is requested and attach supporting documentation, including original receipts and/or bills. Any expenses exceeding $500 shall require written approval from the Agency.

Reimbursable costs shall not include any administrative or overhead expenses and shall be reimbursable as described in the Fee Schedule.

Costs or expenses not designated or identified in the Fee Schedule shall not be reimbursable unless otherwise provided in this Agreement. Only actual time in providing the Services will be charged. The Agency will not make any payments for Consultant’s travel time incurred in providing the Services, and Consultant agrees not to invoice the Agency for any travel time incurred in providing the Services.

The Agency shall review and approve all invoices prior to payment.

Consultant agrees to submit additional supporting documentation to support 238
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the invoice if requested by the Agency. If the Agency does not approve an invoice, the Agency shall send a notice to the Consultant setting forth the reason(s) the invoice was not approved. Consultant may re-invoice the Agency to cure the defects identified in the Agency notice. The revised invoice will be treated as a new submittal. If the Agency contests all or any portion of an invoice, the Agency and the Consultant shall use their best efforts to resolve the contested portion of the invoice.

The Agency shall pay approved invoice amounts within thirty (30) days of receipt. The Agency’s determinations regarding verification of Consultant’s performance, accrued reimbursable expenses, and percentage of completion shall be binding and conclusive. Consultant’s time records, invoices, receipts and other documentation supporting the invoices shall be available for review by the Agency upon reasonable notice and shall be retained by Consultant for three (3) years after completion of the Project.

All invoices submitted for payment must indicate the Agreement number and either are to be emailed to [email protected] or a hard copy mailed to Zone 7 Water Agency, 100 North Canyons Parkway, Livermore, CA 94551, Attention: Accounts Payable.

2.3. Withholding Payment – In the event the Agency has reasonable grounds for believing Consultant will be unable to materially perform the Services under this Agreement or unable to complete the Services within the Maximum Amount described in this Agreement, or if the Agency becomes aware of a potential claim against Consultant or the Agency arising out of Consultant’s negligence, intentional act or breach of any provision of this Agreement, including a potential claim against Consultant by the Agency, then the Agency may withhold payment of any amount payable to Consultant that the Agency determines is related to such inability to complete the Services, negligence, intentional act, or breach.

3. TAXES; INSURANCE; PERMITS; LICENSES

3.1. Taxes - Consultant shall be solely responsible for the payment of all federal, state and local income tax, social security tax, worker's compensation insurance, state disability insurance, and any other taxes or insurance Consultant, as an independent contractor, is responsible for paying under federal, state or local law. Consultant is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and Consultant shall comply with such provisions before commencing the performance of the Services under the Agreement. Consultant and its Sub-consultants shall maintain applicable workers’ compensation insurance for their employees in effect during all work covered by the Agreement.
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3.2. Permits and Licenses - Consultant shall procure and maintain all permits, and licenses and other government-required certification necessary for the performance of the Services, all at the sole cost of Consultant. None of the items referenced in this section shall be reimbursable to Consultant under the Agreement. Consultant shall comply with any and all applicable local, state, and federal regulations and statutes including Cal/OSHA requirements.

4. RISK TRANSFER PROVISIONS

4.1. Workers' Compensation Insurance - By his/her signature hereunder, Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing the performance of the work of this Agreement.

4.2. Indemnification - To the fullest extent permitted by law, Consultant will immediately defend, indemnify and hold harmless the Agency, its directors, officers, employees, or authorized volunteers, and each of them (collectively “the Agency”) from and against:

4.2.1. All claims, demands, liabilities and losses arising out of the performance (or actual or alleged non-performance) of the services by Consultant, including its agents and employees, under this Agreement, for damages to persons or property arising, pertaining to or relating to the Consultant’s negligent acts or omissions or willful misconduct or the failure of Consultant to comply with any professional standard of care applicable to Consultant’s services.

4.2.2. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the intentional or negligent violation of any governmental law or regulation, compliance with which is the responsibility of Consultant.

4.2.3. Any and all losses, expenses, damages (including damages to the work itself), attorneys’ fees, and other costs, including all costs of defense, including but not only costs of counsel acceptable to the Agency, which the Agency may incur with respect to the failure, neglect, or refusal of Consultant to perform the Services or its obligations under the Agreement. Such costs, expenses, and damages shall include all costs, including attorneys’ fees, incurred by the Agency in any lawsuit to which it is a party. Upon the Agency’s tender, Consultant shall immediately defend, at its own cost, expense and risk, any and all such suits, actions or other legal proceedings, with counsel acceptable to the Agency. 240
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Consultant shall further defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of performance or non- performance of the work hereunder and shall not tender such claims to the Agency nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity.

4.2.4. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Agency or its directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings if arising as provided in the previous subsections of this Section.

4.2.5. Consultant shall reimburse the Agency or its directors, officers, employees, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith.

Consultant’s indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant, its agents, employees under any applicable Worker Compensation Act, Disability Benefits Act, or other employee benefit act.

Consultant’s obligation to defend and indemnify shall not be restricted by the insurance requirements of this Agreement or to insurance proceeds, if any received by the Agency, or its directors, officers, employees, or authorized volunteers.

Notwithstanding the foregoing obligations, Consultant shall not at any time be responsible for any claims, liabilities or demands to the extent that they arise from the negligence or willful misconduct of the Agency, provided, however, that contributory negligence will not relieve Consultant of its obligation to defend unless the claims, liabilities or demand are the result of the sole negligence or willful misconduct of Agency.

The indemnity provided under this indemnification provision is intended to and will survive the expiration or termination of the Agreement and remain in full force and effect until barred by the applicable statute of limitations.

5. GENERAL CONDITIONS

5.1. Laws, Regulations and Permits -The Consultant shall give all notices required by law and comply with all laws, ordinances, rules, and regulations pertaining to the conduct of the work. The Consultant shall be liable for all violations of the law in connection with work furnished by the Consultant. If the Consultant performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, the Consultant shall bear all costs arising therefrom.

5.2. Safety - The Consultant shall execute and maintain his/her work so as to avoid injury or damage to any person or property.
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In carrying out his/her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including State of California, Department of Industrial Relations (Cal/OSHA) regulations, and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act. Safety precautions, as applicable, shall include but shall not be limited to:
adequate life protection and life-saving equipment; adequate illumination; instructions in accident prevention for all employees, such as the use of machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection, and other safety devices; equipment and wearing apparel as are necessary or lawfully required to prevent accidents, injuries, or illnesses; and adequate facilities for the proper inspection and maintenance of all safety measures.

5.3. Labor Compliance Requirements - Labor Compliance requirements (Prevailing Wage, SB 854): Contractor/Vendor must comply with all labor compliance requirements including but not limited to prevailing wage requirements, SB 854, Labor Code sections 1771.1(a) & 1725.5, Public Works Contractor Registration Program, and Electronic Certified Payroll Records to Labor Commissioner. Additional information about these requirements and the new public works program regarding compliance monitoring, administration and enforcement are available at the Department of Industrial Relations. [For Public Works Contracts] Copies of the rate of per diem prevailing wage shall be on file at the principal office of the Agency and shall be made available to any interested party upon request.

6. REQUIRED INSURANCE
Liability Insurance - The Consultant shall provide and maintain at all times during the performance of the work under this Agreement, the following commercial general liability, professional liability and automobile liability insurance. All of the insurance shall be provided on policy forms and through companies satisfactory to the Agency.

6.1. Coverage - Coverage shall be at least as broad as the following or as provided in Appendix C:

6.1.1. Coverage for Professional Liability appropriate to the Consultant’s profession covering Consultant’s wrongful acts, negligent actions, errors or omissions. If Claims Made Polices: the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work; insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work; and if coverage is canceled or non-renewed, and not 242
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replaced with another claims-made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

6.1.2. Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 0001).

6.1.3. Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001), covering Symbol 1 (non-owned and hired automobiles).

6.2. Limits - The Consultant shall maintain limits no less than the following:

6.2.1. Professional Liability – Two million dollars ($2,000,000) per claim and annual aggregate.

6.2.2. Commercial General Liability – Two million dollars ($2,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater for bodily injury, personal injury and property damage and products & completed operations liability. If Commercial General Liability Insurance or other form with a general aggregate limit or products-completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the project/location (with the ISO CG 25 03, or ISO CG 25 04, or insurer's equivalent endorsement provided to the Agency), or the general aggregate limit and products-completed operations aggregate limit shall be twice the required occurrence limit.

6.2.3. Automobile Liability – One million dollars ($1,000,000) for bodily injury and property damage each accident limit.

6.2.4. Excess Liability – The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Agency (if agreed to in a written contract or agreement) before the Agency’s own primary or selfInsurance shall be called upon to protect it as a named insured.

6.3. Required Provisions - The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

6.3.1. The Agency, its directors, officers, employees, and authorized volunteers are to be given insured status at least as broad as ISO endorsement CG 20 10 10 01 specifically naming all of the Agency parties required in this Agreement or using language that states “as required by contract”). All Sub-consultants hired by Consultant must also have the same forms or coverage at least as broad; as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed 243
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operations of the Consultant; premises owned, occupied or used by the Consultant; and automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Agency, its directors, officers, employees, or authorized volunteers.

6.3.2. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Agency. Additionally, Consultant shall give Agency thirty (30) days written notice prior to any material change or cancellation of said coverage.

6.3.3. For any claims related to this project, the Consultant's insurance shall be primary insurance as respects the Agency, its directors, officers, employees, or authorized volunteers, using the ISO CG 20 01 04 13 or coverage at least as broad. Any insurance, self-insurance, or other coverage maintained by the Agency, its directors, officers, employees, or authorized volunteers shall be in excess of the insurance required under this Agreement and shall not contribute to it.

6.3.4. Any failure to comply with the reporting or other provisions of the policies including breaches and warranties shall not affect coverage provided to the Agency, its directors, officers, employees, or authorized volunteers.

6.3.5. Such liability insurance shall indemnify the Consultant and his/her Subconsultants against loss from liability imposed by law upon, or assumed under contract by, the Consultant or his/her Sub-consultants for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability.

6.3.6. The general liability policy shall cover bodily injury and property damage liability, owned and non-owned equipment, blanket contractual liability, completed operations liability.

6.3.7. The automobile liability policy shall cover all owned, non-owned, and hired automobiles.
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6.4. Workers' Compensation and Employer's Liability Insurance - The Consultant and all Sub-consultants shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees employed directly by them or through Sub- consultants in carrying out the work contemplated under this Agreement, all in accordance with the "Workers' Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof, with statutory limits. The Consultant shall provide employer's liability insurance with limits of no less than $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. Waiver of Subrogation: The insurer(s) named above agree to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents, authorized volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency; but this provision applies regardless of whether or not the Agency has received a waiver of subrogation from the insurer.

6.5. Deductibles and Self-Insured Retentions - Any deductible or selfinsured retention must be declared to and approved by the Agency. At the option of the Agency, the insurer shall either reduce or eliminate such deductibles or self-insured retentions. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named or additional insureds, co-insurers, and/or insureds other than the First Named Insured.

6.6. Acceptability of Insurers - Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII or equivalent or as otherwise approved by the Agency.

6.7. Evidence of Insurance - Prior to execution of the Agreement, the Consultant shall file with the Agency a certificate of insurance (Acord Form 25 or equivalent) signed by the insurer’s representative evidencing the coverage required by this Agreement. Such evidence shall include (1) attached additional insured endorsements with primary & non-contributory wording, (2) Workers’ Compensation waiver of subrogation. The Agency reserves the right to obtain complete, certified copies of all required insurance policies, at any time. Consultant shall maintain the Insurance required by this Agreement throughout the term of the Agreement and for a period of not less than 5 years following the termination of completion of this Agreement. Consultant further waives all rights of subrogation under this Agreement. Failure to continually satisfy the Insurance requirements is a material breach of contract.

The Consultant shall, upon demand of the Agency, deliver to the Agency such policy or policies of insurance and the receipts for payment of premiums thereon.
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6.8. Continuation of Coverage - If any of the required coverages expire during the term of this Agreement, the Consultant shall deliver the renewal certificate(s) including the general liability additional insured endorsement to the Agency at least ten (10) days prior to the expiration date. Failure to comply with any of the Insurance requirements shall constitute material breach of contract. The insurance requirements in this Agreement do not in any way represent of imply that such coverage is sufficient to adequately cover the Consultant’s obligations under this Agreement. All Insurance or self-insurance coverage and limits applicable to a given loss or available to the named insured shall be available and applicable to the additional insured. The insurance obligations under this Agreement are independent of and in addition to the defense and indemnity obligations contained elsewhere in this Agreement and shall not in any way act to limit or restrict the defense or indemnity or additional insure obligations of the Consultant or the Consultant’s insurance carrier, and shall be for (1) the full extent of the insurance or self-insurance overages and limits carried by or available to the Consultant, or (2) the minimum insurance coverage and amounts shown in this Agreement; whichever is greater. Agency reserves the right to add such other parties as may be required in the future to the indemnity and additional insured requirements of this Agreement.

6.9. Sub-Consultants - In the event that the Consultant employs other consultants (“Sub-consultants”) as part of the services covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each Sub-consultant meets the minimum insurance requirements specified above.

7. LABOR AND MATERIALS
Consultant shall furnish, at its own expense, all labor, materials, equipment, tools, transportation and services necessary for the successful completion of the Services to be performed under this Agreement. Consultant shall give its full attention and supervision to the fulfillment of the provisions of this Agreement by its employees and Sub-consultants and shall be responsible for the timely performance of the Services required by this Agreement. Consultant's standard schedule of fees and charges is attached, which is incorporated herein as though fully set forth in the Fee Schedule attached hereto (Appendix B). All compensation for Consultant’s Services under this Agreement shall be pursuant to the Fee Schedule.

8. TERM OF THE AGREEMENT

8.1. Period of Services – This Agreement between the Agency and Consultant is for a term of NUMBER OF MONTHS, beginning DATE and ending DATE, subject to the termination provisions herein.
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8.2. Termination – The Agency may terminate this Agreement for any reason by giving Consultant at least thirty (30) days or earlier (depending on nature of services) prior written notice of such termination. Such termination shall not relieve the Agency from responsibility for payment for Services rendered by Consultant prior to the date of termination but shall relieve the Agency of its obligations for the full payment of compensation due under the Agreement for the Services of Consultant after the notice of termination.

8.3. Termination for Cause – The Agency may terminate the Agreement for cause, effective immediately upon written notice of such termination to Consultant, based upon the occurrence of any of the following events:

8.3.1. Material breach of the Agreement by Consultant

8.3.2. Cessation of Consultant to be licensed, as required by law

8.3.3. Failure of Consultant to substantially comply with any applicable federal, state or local laws or regulations

8.3.4. The voluntary or involuntary filing of any petition under any law for the relief of debtors with respect to Consultant

8.3.5. Conviction of Consultant of any crime other than minor traffic offenses

8.4. Compensation Upon Termination - If the Services of Consultant are terminated, in whole or in part, Consultant shall be compensated as provided herein for all Services and approved Extra Services performed prior to the date of such termination.

9. CALIFORNIA LABOR CODE REQUIREMENTS

9.1. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the Agency, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub-consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
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9.2. Effective March 1, 2015, if the services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all sub-consultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any sub-consultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR.

10. INTERESTS OF CONSULTANT

10.1. Consultant represents and warrants that it presently has no interests, and covenants that it will not acquire any interests, direct or indirect, financial or otherwise, that would conflict with the performance of the Services to be provided by Consultant under the Agreement. Consultant further covenants that, in the performance of the Agreement, it will not employ any Subconsultant or employee with any such interest. Consultant certifies that no one who has or will have any financial interest under this Agreement or within Consultant is a director, officer or employee of the Agency.

10.2. Although Consultant is retained as an independent contractor, Consultant’s employees or agents may still be required under the California Political Reform Act and the Agency Conflict of Interest Code to file annual financial disclosure statements. Consultant agrees that its employees and/or agents will file with the Agency in a timely manner those financial disclosure statements that the Agency determines Consultant is required to file pursuant to the Political Reform Act. Failure to file such financial disclosure statements by Consultant and any of its employees or agents is grounds for termination of this Agreement.

11. COMPLETED WORK AND WORK PRODUCT
In the event of termination or completion of the Services under the Agreement, Consultant shall, at the Agency's request, promptly surrender to the Agency all completed work and work in progress and all materials, records and notes developed, procured, or produced pursuant to the Agreement. Consultant may retain copies of such work product as a part of its record of professional activity.

12. CONFIDENTIALITY AND RESTRICTIONS ON DISCLOSURE

12.1. Confidential Nature of Materials - The Consultant understands that all documents, records, reports, data, or other materials (collectively “Materials”) provided by the Agency to the Consultant pursuant to the 248
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Agreement, including but not limited to draft reports, final report(s) and all data, information, documents, graphic displays and other items that are not proprietary to the Consultant and that are utilized or produced by the Consultant pursuant to the Agreement are to be considered confidential for all purposes.

12.2. No Disclosure of Confidential Materials - The Consultant shall be responsible for protecting the confidentiality and maintaining the security of the Agency documents and records in its possession. All Materials shall be deemed confidential and shall remain the property of the Agency. The Consultant understands the sensitive nature of the above and agrees that neither its officers, partners, employees, agents or Sub-consultants will release, disseminate, or otherwise publish said reports or other such data, information, documents, graphic displays, nor other materials except as provided herein or as authorized, in writing, by the Agency. The Consultant agrees not to make use of such Materials for any purpose not related to the performance of the Services under the Agreement. The Consultant shall not make written or oral disclosures thereof, other than as necessary for its performance of the Services hereunder, without the prior written approval of the Agency. Disclosure of confidential Materials shall not be made to any individual, agency, or organization except as provided for in the Agreement or as may be required by law, or by a court of competent jurisdiction.

12.3. Protections to Ensure Control over Materials - All confidential Materials saved or stored by the Consultant in an electronic form shall be protected by adequate security measures to ensure that such confidential Materials are safe from theft, loss, destruction, erasure, alteration, and any unauthorized viewing, duplication, or use. Such security measures shall include, but not be limited to, the use of current virus protection software, firewalls, data backup, passwords, and internet controls.

The provisions of this Section survive the termination or completion of the Agreement.

13. OWNERSHIP OF DOCUMENTS AND DISPLAYS
All original written or recorded data, documents, graphic displays, reports or other materials which contain information relating to the Consultant’s performance hereunder and which are originated and prepared for the Agency pursuant to the Agreement shall be “work for hire” and shall be the property of the Agency. The Consultant hereby assigns all of its right, title and interest therein to the Agency, including but not limited to any copyright interest. In addition, the Agency reserves the right to use, duplicate and disclose in whole, or in part, in any manner and for any purpose whatsoever all such data, documents, graphic displays, reports or other materials delivered to the Agency pursuant to this Agreement and to authorize others to do so.
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To the extent that the Consultant utilizes any of its property (including, without limitation, any hardware or software of Consultant or any proprietary or confidential information of Consultant or any trade secrets of Consultant) in performing services hereunder, such property shall remain the property of Consultant, and the Agency shall acquire no right or interest in such property.

14. ASSIGNMENT PROHIBITED
The Consultant shall not assign, transfer, convey, or otherwise dispose of its rights, title or interest in or to this Agreement or any part thereof without the previous written consent of the Agency.

15. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICES

15.1. Designated Representatives – The Agency representative designated below shall be the principal representative of the Agency for purposes of the Services that are the subject of this Agreement. Consultant shall designate, in writing, Consultant's project engineer and/or project manager for the performance of the Services under this Agreement, which designation shall be subject to the Agency's reasonable approval.

The representatives of the Parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:

ZONE 7 WATER AGENCY Representative:

Name
Title
Zone 7 Water Agency
100 N. Canyons Parkway
Livermore, CA 94551
Consultant:

Name
Title
Firm Name
Address
Firm Tax ID
Notices - Formal notices, demands and communications to be given hereunder by either Party shall be made in writing and may be affected by personal delivery or fax or by registered or certified mail, postage prepaid, return receipt requested to the address set out below and shall be deemed communicated as of the date of mailing. 250
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If the name or address of the person to whom notices, demands or communications shall be given changes, written notice of such change shall be given, in accordance with this section within five (5) working days.

16. MISCELLANEOUS PROVISIONS

16.1. Integration – This Agreement represents the complete Agreement of the parties and supersedes any other Agreements between the parties, whether written or oral.

16.2. No Waiver – No waiver by either parties of any term or condition of this Agreement shall be a continuing waiver thereof.

16.3. Modification – This Agreement only may be amended in writing, signed by all parties.

16.4. Attorneys’ Fees – In any proceeding to enforce this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs in any amount determined by the court.

16.5. Choice of Laws/Venue – This Agreement shall in all respects be governed by the laws of the State of California applicable to Agreement executed and to be wholly performed with the State. Any action regarding this Agreement shall be brought in Alameda County Superior Court.

16.6. Counterparts – This Agreement may be executed in separate counterparts that, together, shall constitute and be one and the same instrument.

16.7. No Third-Party Beneficiaries – This Agreement is for the sole benefit of the parties hereto and their permitted assigns (if any), and nothing herein expressed or implied shall give or be construed to give to any person, other than the parties hereto and such assigns any legal or equitable rights hereunder.

16.8. No Presumption Regarding Drafter – The parties to this Agreement acknowledge that its terms and provisions have been negotiated and discussed among them and that it reflects their mutual agreement regarding its subject matter. Therefore, neither party shall be deemed to be the drafter of this Agreement, nor shall there be no presumption for or against the drafter in its interpretation or enforcement.

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IN WITNESS WHEREOF, the Parties have executed this Agreement at the place and as of the date first written above.

ALAMEDA COUNTY FLOOD CONTROL and WATER
CONSERVATION DISTRICT, Zone 7, commonly known as

ZONE 7 WATER AGENCY (“Agency”) Consultant

Valerie L. Pryor Date Signature Date
General Manager
__________________________
Print Name & Title
_______________ ______

Address
___________________________
Telephone
___________________________
TIN or SS Number

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Vendor Services Agreement – Appendix C

INSURANCE
This is an appendix attached to, and made a part of, the Services Agreement dated ________________________ (“Agreement”) between THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 commonly known as ZONE 7 WATER AGENCY (“Agency”) and _______ (“Vendor”), for the provision of services agreement (“Services”).

Minimum Insurance Requirements: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or sub-contractors.

Coverage - Coverage shall be at least as broad as the following:

1. Commercial General Liability (CGL) - Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least two million dollars ($2,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to the Agency), or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability - Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) or if Consultant has no owned autos, Symbol 8 (hired) and 9 (non-owned) with limit of one million dollars ($1,000,000) for bodily injury and property damage each accident.

3. Workers' Compensation Insurance - as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Waiver of Subrogation: The insurer(s) named above agree to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents, authorized volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency; but this provision applies regardless of whether or not the Agency has received a waiver of subrogation from the insurer.

4. Cyber Liability Insurance (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and 253
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$2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

If Claims Made Policies:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Agency requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Other Required Provisions - The general liability policy must contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: Zone 7 Water Agency, its directors, officers, employees, and authorized volunteers are to be given insured status (at least as broad as ISO Form CG 20 10 10 01), with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations.

2. Primary Coverage: For any claims related to this project, the Consultant’s insurance coverage shall be primary at least as broad as ISO CG 20 01 04 13 as respects to the Zone 7 Water Agency, its directors, officers, employees and authorized volunteers. Any insurance or self-insurance maintained by the Member Water Agency its directors, officers, employees and authorized 254
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volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Agency.

Self-Insured Retentions - Self-insured retentions must be declared to and approved by the Agency. The Agency may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or the Agency.

Acceptability of Insurers - Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII or as otherwise approved by the Agency.

Verification of Coverage – Consultant shall furnish the Agency with certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Agency reserves the right to require complete, certified copies of all required insurance policies, including policy Declaration pages and Endorsement pages.

Sub-contractors - Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that Zone 7 Water Agency, its directors, officers, employees, and authorized volunteers are an additional insured are an additional insured on Commercial General Liability Coverage.

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Exhibit C – Exceptions / Deviations
List below exceptions and/or deviations, if any, to the RFP and its exhibits and submit with your proposal.

The District is under no obligation to accept any exceptions and/or deviations and may be used in the evaluation of proposals.

Item No. Reference To:

Page No. Paragraph Description
No.
__________________________ ________________________ _____________ Bidder Name Bidder Sign Date
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STAFF REPORT

CITY COUNCIL

Agenda Item 4.7
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Contract Instructor Services Agreements with North American Youth Activities LLC, dba Kidz Love Soccer and World Cup Soccer Camps and Clinics Prepared by: Jennifer Mendez, Management Analyst I
EXECUTIVE SUMMARY:

The City Council will consider approving Contract Instructor Services Agreements with North American Youth Activities LLC, dba Kidz Love Soccer and World Cup Soccer Camps and Clinics for terms beginning on July 1, 2023, and ending on June 30, 2025.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Contract Instructor Services Agreement with North American Youth Activities, LLC dba Kidz Love Soccer for Recreation Services and adopt the Resolution Approving a Contract Instructor Services Agreement with World Cup Soccer Camps and Clinics for Recreation Services.

FINANCIAL IMPACT:

Under the proposed agreements, the City retains 40% of fee revenue from registrations. The rest is passed through to the contractor.

DESCRIPTION:

The Parks and Community Services Department regularly engages independent contractors to deliver recreational activities and programs to the community. Upon acceptance of a proposal, Staff works with the contractor to determine the specifics of the activity, facility availability, class minimums and maximums, and participant age ranges. All contractors set their pricing and schedules for activities or programs.

North American Youth Activities, LLC dba Kidz Love Soccer and World Cup Soccer Camps and Clinics have submitted proposals to provide soccer classes and programs for terms beginning July 1, 2023, and ending on June 30, 2025. Both contractors have provided these services to the City of 257

Dublin for several years, and Staff has received positive feedback from participants regarding their activities.

As the pass-through payments to the contractor will likely exceed the City Manager’s purchasing limit of $45,000, these agreements require City Council Approval.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving a Contract Instructor Services Agreement with North American Youth Activities, LLC dba Kidz Love Soccer for Recreation Services 2) Exhibit A to the Resolution – Contract Instructor Services Agreement with North American Youth Activities, LLC dba Kidz Love Soccer
3) Resolution Approving a Contract Instructor Services Agreement with World Cup Soccer Camps and Clinics for Recreation Services
4) Exhibit A to the Resolution – Contract Instructor Services Agreement with World Cup Soccer Camps and Clinics
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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

APPROVING A CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH NORTH

AMERICAN YOUTH ACTIVITES LLC, DBA KIDZ LOVE SOCCER, FOR RECREATION

SERVICES
WHEREAS, The Parks and Community Services Department receives and approves proposals from independent contractors who are interested in providing recreational activities or programs to the Dublin community; and
WHEREAS, Staff has reviewed and accepted proposals from North American Youth Activities, LLC dba Kidz Love Soccer; and
WHEREAS, Staff has negotiated terms with North American Youth Activities, LLC dba Kidz Love Soccer that will begin on July 1, 2023, and end on June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Contract Instructor Services Agreement with North American Youth Activities, LLC dba Kidz Love Soccer.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements, attached hereto as Exhibit A, approve payments over $45,000, and make any necessary, non-substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 3
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

APPROVING A CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH WORLD CUP

SOCCER CAMPS AND CLINICS FOR RECREATION SERVICES
WHEREAS, The Parks and Community Services Department receives and approves proposals from independent contractors who are interested in providing recreational activities or programs to the Dublin community; and
WHEREAS, Staff has reviewed and accepted proposals from World Cup Soccer Camps and Clinics; and
WHEREAS, Staff has negotiated terms with World Cup Soccer Camps and Clinics that will begin on July 1, 2023, and end on June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Contract Instructor Services Agreement with World Cup Soccer Camps and Clinics.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement, attached hereto as Exhibit A, approve payments over $45,000, and make any necessary, non-substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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 Attachment 4
Exhibit A to the Resolution
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274

STAFF REPORT

CITY COUNCIL

Agenda Item 4.8
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2023 Utility Box Art Selection
Prepared by: Tyler Phillips, Heritage & Cultural Arts Supervisor EXECUTIVE SUMMARY:

The City Council will consider a recommendation from the Heritage and Cultural Arts Commission for artwork to be painted on 10 utility boxes in summer 2023.

STAFF RECOMMENDATION:

Approve the Heritage and Cultural Arts Commission’s 2023 Utility Box Art Program recommendations.

FINANCIAL IMPACT:

The cost of 10 utility boxes, including artist payments and miscellaneous supplies, is estimated at $10,350. This project is funded by the Public Art Fund and is included in the adopted Fiscal Year 2023-24 Budget.

DESCRIPTION:

The 2023 Utility Box Art program will include painting 10 utility boxes throughout Dublin. The design theme for the project this year was “Out of the Box.” The City sought proposals that incorporated the theme with unique and creative ideas. Artwork themes should also align with the City’s Values, which are a part of the adopted Mission and Vision Statements, including safety, inclusivity, diversity, equality, and history. Artwork must also be suitable for all ages.

Staff issued a Call for Artists on February 17, 2023 (Attachment 2), publicizing the opportunity through normal City channels (website, social media, etc.), as well as via email to a list of interested artists, past Dublin utility box artists, registrants in the Cultural Arts Database, nearby cities with successful utility box art programs, and the California Cultural Arts Council website.

Thirty-five design proposals were received from 22 professional artists, and nine design proposals were received from seven student artists. In total, 44 design proposals were received from 29 275

individual artists by the April 22, 2023, deadline.

On May 11, 2023, the Heritage and Cultural Arts Commission reviewed the artists’ proposals and deliberated before recommending 10 proposals for City Council consideration and approval. The recommended artists’ resumes, statements, and design proposals are included with this Staff Report (Attachment 1). Below is a table illustrating the utility box locations with the recommended artist and title of the artist's proposal.

TABLE 1: UTILITY BOX LOCATIONS AND

ARTIST ASSIGNMENTS
Box Box location Artist Proposal Title
Box 1 Amador Valley Blvd. & Stagecoach Rd. May Yin Giang Van Gogh in Dublin Box 2 Dublin Blvd. & Keegan St. Cathy Godfrey My Mind’s Eye Box 3 Dublin Blvd. & Lockhart St. Irish Shen* Voyager
Box 4 Fallon Rd. & Positano Parkway. Rosie Liu* Book Nook Box 5 Fallon Rd. & Antone Way. Deirdre Weinberg Love Handles Box 6 Fallon Rd. & Signal Hill Dr. Anne Giancola Lilies of the Nile & Water Lilies
Box 7 Positano Parkway & Salerno Dr. Sophia Lee Moon Salutations Box 8 Positano Parkway & La Strada Dr. Ekaterina
Bazlakova
Out of the Box
Box 9 Positano Parkway & Vinton Ave. Shayne Oseguera Otomi Cacti Box 10 Central Parkway & Sunset View Dr. Lisa Long We All Live Here *Student Artist
STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

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

ATTACHMENTS:
1) Design Proposals from Recommended Artists
2) Call for Artists – Utility Box Art 2023
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Attachment 1
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Attachment 1
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ART and MURALS
Vera Gordeev Lowdermilk
Key Attributes
Ability to envision and create original designs
Sensitivity to clients’ needs
High level of integrity and professionalism
Outstanding record of completing jobs on time and within budget Able to successfully work with other artists and designers In depth knowledge of art styles through travels, museums and books Accomplished fine artist and painter
Extensive experience with residential, business and civic clients Experience
2009/2010 Lead artist and designer
• Designed and produced an 80’ x 18’ historic firefighter mural in Livermore CA • Supervised and directed mural assistants
• Created and published a Prayer Book in the illuminated manuscript style • Chosen to produce a bronze sculpture for the City of Milpitas Senior Center 2010 StreetsmARTs artist.
• Completed three murals for the City of San Francisco (Zen Garden I on Noriega and 22nd, Zen Garden II on Mission and Lowell, Zen Garden III on Circular and Monterey) • Created client inspired designs with the intention on generating an urban oasis 1996-present Professional Fine Artist
• Created the Wente Winery Signature poster and Ravenswood, Jewel of Historic Livermore limited edition poster from original painting. • Designed and produced original murals, portraits and paintings in various media for hundreds of clients
• Achieved high level of recognition and customer satisfaction • Participated in the annual community ArtWalk and Main Street Banner projects 2005-present
• Painted scenery for the Pleasanton Playhouse, Bankhead Theater and Tri Valley Repertory Theater
• Met deadlines under pressure
Education
2004: The Crucible, ARC/Oxy-acetylene welding course, Oakland CA Jewelry design and production with noted metalsmith Alan Revere, San Francisco CA BA, Art History, Southern Connecticut College, New Haven CT Attachment 1
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Utility Box program 2023
Submission
Lilies of the Nile and Water Lilies
“Out of the box” can mean many things- to me, it means thinking about things in a new way, considering new possibilities, doing the unexpected! Why not a utility box embellished with beautiful flowers outlined in gold? And with frogs on lily pads enjoying a swim?
The title of my inspired , “Out of the Box “ design is
“ Lilies of the Nile and Water Lilies “
Inspired by my own garden and recently visited Botanical Garden with lily pads.

I’ve been outlining my art with gold for many years - and recently was inspired by the gold around the rim of special dishes, and how lovely it looks.

It’s always an inspiration to paint for City of Dublin, and submit a painting for consideration.

Sincerely,
Vera Lowdermilk
Attachment 1
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Attachment 1
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Attachment 1
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Cathy Godfrey
Dublin, CA
Experience
• Stewardship Officer, SF-Marin Food Bank, Jan 2023 - Present (3 months) • Owner, Badger Dog Productions, Aug 2022 - Present (8 months) • Donor Relations Officer, Greater Cleveland Food Bank, Nov 2019 - Oct 2022 (3 years) • Director Of Development, Happy Trails Farm Animal Sanctuary, Dec 2018 - Nov 2019 (1 year) • Program Coordinator, Friendship Animal Protective League, May 2017 - May 2019 (2 years 1 month) • Animal Care Technician and Adoptions Associate, Cleveland Animal Protective League, 2015 - 2017 (2 years) Education
• Cleveland State University, Master's Degree, Master of Science in Urban Studies, Economic Development, Aug 2021 - May 2023
• Indiana University Lilly Family School of Philanthropy, Developing Major Gifts, The Fund Raising School, Jan 2020 - Mar 2021
• Cleveland State University, Nonprofit Administration, Urban Studies/Affairs, 2017 – 2021 • Cleveland State University, Certificate, Public Management, 2017 – 2019 • Valley Forge High School, Career and Technical Education, Visual Communications, May 2008 - Jun 2009 • Adobe Photoshop Certified Associate, Adobe Illustrator Certified Associate, Adobe InDesign Certified Associate • Cuyahoga Community College, Business Administration and Management, Graphic Design Licenses & Certifications
o SharePoint: Creating Communication Sites - LinkedIn
o Blackbaud Certified in Raiser’s Edge at the Fundamentals Level - Blackbaud o Blackbaud Certified in Raiser’s Edge NXT at the Professional Level – Blackbaud Skills
Art • Image Editing • Adobe Photoshop • Adobe Creative Suite • Illustration • Digital Illustration • Art Appreciation • Multimedia • Video Editing • Digital Video Honors & Awards
David and Pat Sweet Scholarship in Public Service and Civic Education 2020
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Title: My Mind’s Eye
Statement: The purpose of this design is to take a utilitarian object and transform it into a window to a vibrant and picturesque place. This concept is a play on the idea that places and objects become beautiful and meaningful based on our perception and memories, despite what they may look like to others.

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EKATERINA BAZLAKOVA
Artist, Art Teacher

Status: Green Card Holder
Objective
A passionate, life-long artist and art educator with 40+ years of experience in the creative field. My paintings can be found in private collections all across the globe: Russia, Germany, Israel, the USA, France and Finland. I have a lot of experience in creating unique aesthetic compositions. All my works are unique and the themes vary from realism to social art and dreamy fantasies.

Career Summary Self employed Artist and Art Teacher
Produced a collection of pictures depicting local nature and my California dreams -Established Bay-Area based artist (2021)
-Created about 30 pictures in 4 years (2019-2023)
-Designed an award winning utility box art for local community -Completed utility box murals in Dublin (2020 and 2022) -Designed an award winning book box art for Dublin 2022 -Completed decorating book box for Little Free Library in Dublin 2023 -Publication in book “East Bay Artists 2022” by ArtPush org -Solo Show Exhibition “California Dreaming” in San Ramon City Hall Gallery (January-February 2023)
-Created and taught unique educational program in Moscow State Youth Art Center (1979-2018)
-Teaching master classes in Aran’s Art Studio (acrylic painting in Castro Valley) Skills: Oil, acrylic, watercolor, ink, pastel, linocat, batik

Recent Exhibitions
California Dreaming Danville, CA Sept 2020
Village Theater Art Gallery
Affordable Art Show JCO’s Arthaus Los Gatos, CA Nov 2020 Splatter Festival Dublin, CA Sept 2021
Scary Art Show FCO Gallery Dublin, CA Oct 2021
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2 Mus Art Festival Peninsula Sunnyvale, CA Sept 2022
Solo Show “California Dreaming” San Ramon, CA JanuarySan Ramon City Hall Gallery February 2023 Education
Bachelor of Arts in Teaching Fine Arts and educational
training
Moscow State Art Academy 1976-1980 Art Teaching children and adults

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ARTIST’S STATEMENT
The World is beautiful and amazing, but people are in a hurry and they can’t see it. I wish to show them my lyric perception of the World.

The world around me is my inspiration - nature, people, community and animals. When I created the series of artworks “California Dreams” during the pandemic, it was my only way to communicate with the World. It is not a photo - a realistic copy of nature, but my own conceptual vision of the World. My landscapes are Dreamscapes. When I create compositions, I imagine I am a Bird flying above the Ocean, or I am an Animal hiding in the Dark, or I am living in a different Time. What does it look like from that point of view? My composition and color palette means to capture Nature’s Spirit.

I use the color arbitrarily to express my feelings. That's what makes my style unique.

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

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Design for Utility box art project “OUT OF THE BOX” for Dublin by Ekaterina Bazlakova
I am an established Bay Area artist Ekaterina Bazlakova. I would like to participate in decorating utility boxes for Dublin. The theme is “Out of the box”.

What could be the most unusual, remarkable, magic in the world? I think it is a circus! All the children and adults adore the circus. It is a special world, another planet with a wonderful atmosphere. There are all miracles, mesmerizing beauty, funny animals and clowns. And also: magic tricks, dancing horses and talking birds!
Colors are bright and bold, composition is dynamic and contrasting. My style is decorative and romantically dreaming. Design is painted with acrylic. I am sure my painting will look great on the street of green blossoming Dublin!
I have a big interest in this work, because I have experience in decorating utility boxes! I have already painted 2 utility boxes in Dublin, and I love to create new artworks!
You can see my artwork on my website: www.artbazlakova.com And on my Instagram: @artbazlakova
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Artist: Iris Shen
Iris is a sixteen-year-old student artist and is currently a sophomore at Dublin High School. She has been taking weekly art lessons at Michelle Meng’s Art Studio for almost eight years. She works in many mediums of art, but mostly enjoys sketching and painting.

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

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

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

Iris has competed in the Junior Duck Stamp Contest, the Dublin Arts Collective logo contest, and the Alameda County Fair, in which she has won the title of Best in Class and Best in Show. Last year, she won first place at the Dublin San Ramon Women’s Club Student Art Festival. Iris views art as a very relaxing hobby and often finds herself drawing in her free time.

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Supervising Profesional Artist: Chunhui Meng (Michelle Meng) Michelle has taught art lessons for 20 years and counting. Prior to teaching, she completed her years of education at Tianjin Academy of Fine Arts in China, majored in Fine Arts Education, and Wilfred Laurier University in Canada, majored in Fine Arts. Michelle fuses the western and eastern traditions and techniques in her teaching and in her art works. Between her teaching years, she also worked as a graphic designer and Jewelry designer for a few years. She’s also a local Artist and serves as judge for art competitions.

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Artist Statement/Summary
My piece is titled ‘Voyager.’ When I thought about the theme of ‘Out of the Box,’ I wanted to literally take the piece outside of places that people usually explore. That’s why I depicted a sailboat sailing across the sky, along with birds—because boats typically sail on water.

I wanted to give the viewer a strange, dreamlike perception of the world that is both completely unrealistic but also shows a healthy amount of imagination.

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Design:

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T t e: Book Nook
’ve a ways found that read ng has been a great way for me to escape the stresses and worr es of my current fe for a tt e b t. The bookshe f symbo zes a cozy corner where a reader cou d cudd e up and read the r favor te books. The muted co or scheme and the decorat ons the or gam stars and p ants make the p ace fee more we com ng and cozy. hope t w encourage peop e to p ck up the book that they’ve been want ng to read for a ong t me.

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SMO
Shayne Martin Oseguera
Independent contractor focused on mural projects and commissions in other 2D or 3D works.
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Education 2017 B.F.A. Painting and Printmaking - San Diego State University San Diego, CA - 2015.2017
2015 A.A. Painting - De Anza College
Cupertino, CA - 2012.2015
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Featured Muralist 2022
Hola Lou Mural Project - The Charlie Collection, Mar Vista, Los Angeles, CA Brown Image Mural Project - Chicano Park, Barrio Logan, San Diego, CA Quetzalbee - Perkins K-8 School, Barrio Logan, San Diego, CA Still Here - Yolo County Branch Library, Yolo, CA
2021
Quetzalócto con Calaca - Walk The Block, Barrio Logan, San Diego, CA Melrose Mural - The Village Idiot, West Hollywood, Los Angeles, CA Young Billionaire Clothing Company - West Hollywood, Melrose District, Los Angeles, CA
2020
Otomi Textiles - Walk The Block, Barrio Logan, San Diego, CA Anastasio Hernandez Rojas Mural Project - Chicano Park, Barrio Logan, San Diego, CA
Home, a Stay-At-Home Mural Festival - City Heights, San Diego, CA LA Tentacles - The Village Idiot, West Hollywood, Los Angeles, CA 2019
Pow!Wow! San Jose Global Music and Arts Festival - Oak Grove, San Jose, CA
Copia Wealth Management and Insurance Services - Mission Valley, San Diego, CA
Utility Boxes - Redwood Village, Redwood City, CA
2018
Chalk Full of Fun on the Square - Courthouse Square, Redwood City, CA 2017
Obstacourse Fitness - Downtown, Redwood City, CA
2015
SDSU Mural Project - San Diego State University, San Diego, CA Miguel Angel Godoy Mural Project - Buena Vista Avenue, Lemon Grove, CA Utility Boxes - Campbell, CA/North Fair Oaks, Redwood City, CA The Patty Shack - Downtown, Redwood City, CA
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SOPHIA LEE

ARTIST CV
Education
Art Center College of
Design — B.A. 1995
F.I.D.M – A.A.1991
UCIrvine –1991
Residency/
Competition
Journal Building Artist
Residency by Artspan,
San Francisco, CA,
2016-2019.

Raghurajpur
International Art/ Craft
Exchange, India
Coloring Outside the
Lines (finalist), Art
Scene Today, online.

Hundred Valley Exhibit
(finalist), Roseburg, OR
FIDM-Designer of
Tomorrow award, 1988

In Print...

ArtSpan Open Studio
Catalogue, 2020,
spotlight artist
Alive magazine,
December 2018,
interview
feature on SFMOMA
Instagram Submissions
Friday, story
Diablo magazine, 2018,
interview.

MFA Never, 2016 and
2020 Root Division
Gallery printed catalogue
SFOS 2020 feature artist
Solo/ Duo Exhibitions
• Aug 2021: Organic Unease with Lexie Bouwsma at Sky Cafe, South San Francisco, CA
• May 2020: solo artist at Sheppard Mulling law offices, Palo Alto, CA Group Exhibitions
2023
• New York Art Expo
• ArtSpan Juried Benefit Auction
2022
• Red Dot, Miami, represented by Jen Tough Artist Collective • ArtExpo, Dallas, represented by Jen Tough Artist Collective • Creative Revel, Live Worms Gallery, SF, CA
• Women Rising, Inside/ Outside Project, SF, CA
• Nocturne. online exhibit of Artist Alliance on Artsy.net • Land, Air, Sea, a series of 3 exhibits at The Drawing Room Gallery, SF, CA 2021
• Power As Art, Blind Insect Gallery, Portland, OR
• The Ties that Bind, Drawing Room Gallery, SF, CA
• Spirit of the Season at The Walt Disney Museum, SF
Past exhibitions 2007-2019
A detailed listings of past solo and group exhibitions are on my website, www.sophialeeart.com.

Art In Public Places and Commissions
Current projects in progress:

Art on the Outside, West Hollywood: Acorn Hunt installation.

Completed projects:
• 2023, Little Library, Dublin, CA (Can you help me find the key?) • 2022, Dublin Utility Box Mural (Breeze of Summer Flowers) • 2022, Picture This! a Tri-Valley public art project (Danville, Dublin & San Ramon) • Hilton Garden Inn, commissioned art for hotel room, lobby wall murals in Temecula, CA
• 2021, Let’s Glow SF, a projection mapping onto downtown SF buildings. • 2021, Commission of a mural on heart sculpture for a garden in Danville, CA • Stairwell banner and door design at the Science, Technology, Engineering and Math (STEM) building at American River College, Sacramento, CA (2020) • Tustin old town planters project, 2020, Tustin, CA
• Heart around Hartz in 2020, Danville, CA
• A pair of painted Adirondack chairs for New American Backyard, Dublin, CA • Fog over the Hills, 2019, 28 feet mural in lobby of The Century Building, SF, CA • Dog of Danville, 2019, painted dog sculpture, Danville, CA • Peripheral Beauty 2019- Light and Coffee lid Installation (temp) in Alameda, CA • 2019 & 2020 Hearts in SF, mini heart sculpture, SFGH, CA • 2017 Utility box mural, San Ramon, CA
• 2018 Utility box mural, Redwood City, CA
www.SophiaLeeArt.com
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CALL FOR ARTISTS
Utility Box Art Project
“Out of the Box”
CALL ISSUE DATE: February 17, 2023
CALL DEADLINE: April 16, 2023, 12:00 a.m.(midnight)
The City of Dublin invites qualified professional artists and student artists working under the supervision of a professional artist or art teacher to submit designs for painted utility boxes.

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

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

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

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

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

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DESIGN THEME:
• “Out of the Box” is the theme for this year’s utility box art project. Artists are encouraged to be as creative as possible in producing images and designs that capture this theme.
• In addition to the theme proposing artists are encouraged to review the City’s existing utility box art collection and develop proposals that are unique and unlike anything the City already has. To view the current utility box art collection please visit https://dublin.ca.gov/1928/Utility-Box-Art ARTWORK LOCATION:

All utility boxes are located at intersections within the City of Dublin. 2023 utility box locations:

1. Amador Valley Blvd. & Stagecoach Rd.

2. Dublin Blvd. & Keegan St.

3. Dublin Blvd. & Lockhart St.

4. Fallon Rd. & Pasitano Parkway.

5. Fallon Rd. & Antone Way.

6. Fallon Rd. & Signal Hill Dr.

7. Pasitano Parkway & Salerno Dr.

8. Pasitano Parkway & La Strada Dr.

9. Pasotano Parkway & Vinton Ave.

10. Central Parkway & Sunset View Dr.

Artists may specify which utility box they are interested in painting, or if they have no preference. However, the City reserves the right to assign utility boxes at its discretion.

DESIGN SPECIFICATIONS:
• Artwork should align with the design them as stated above. • Artwork should follow the City’s Values, which are part of the adopted Mission and Vision statements. Values include safety, inclusivity, diversity, equality, and history. To view the City’s full Mission and Vision statements please visit www.dublin.ca.gov/72/Mission-Vision.
• Artwork must be suitable for all ages and in keeping with community values. • Artwork must be an original design and the artwork of the applicant. • Artwork must be painted in fade-resistant acrylic paint. • Artwork may include the artist’s signature, no larger than 5”x 7.” Attachment 2
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ART SELECTION PROCESS:

Staff will review applications for completeness. The Heritage and Cultural Arts Commission will review designs at its May 11, 2023, meeting and make recommendations to the City Council. The City Council will review recommended designs and select artists at its regular meeting June 6, 2023. These dates are tentative and subject to change.

Selected artists will be asked to sign a Public Art Agreement, including standard liability waiver and release. In the case of underage artists, the City will enter into the agreement with the supervising professional artist or art teacher. Underage artists and underage painting assistants will be required to have a parent sign the liability waiver and release.

PROCESS:

City Staff will coordinate with the artist, other City departments and neighboring businesses or homeowners to select a mutually agreeable three-week painting period between July 1, 2023, and September 30, 2023.

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

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

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

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

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

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PROPOSAL SPECIFICATIONS:

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

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SUBMISSION DEADLINE:

All proposals must be received by Tyler Phillips, Heritage and Cultural Arts Supervisor by Friday, April 16, 2023, 12:00 AM (midnight). It is the responsibility of the applicant to verify the receipt of the electronic proposal by the scheduled deadline.

DIRECTIONS FOR SUBMITTAL:

Submit one digital copy (pdf or jpeg) by email to: [email protected] subject:
“Dublin Utility Box Project 2023.”
a) Completed Proposal Coversheet
b) One page resume
c) Color design rendering using the provided utility box template (limit 3 designs) d) Title of the art and Artist Statement describing the design(s) COSTS INCURRED IN RESPONDING TO THE PROPOSAL:

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

SUBMIT YOUR DIGITAL PROPOSAL PACKET AND COVERSHEET TO:

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

Dublin 2023 Utility Box Art Project
Proposals will not be accepted after Friday, April 16, 2023, 12:00 AM (midnight).

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

Art Title: Top of Box
Back Left Side Front Right Side
Exhibit A
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STAFF REPORT

CITY COUNCIL

Agenda Item 4.9
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendment to Consulting Services Agreement for On-Call Building and Safety Services
Prepared by: Nelson Pureco, Plan Check Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving the first amendment to the Consulting Services Agreement with TRB & Associates, Inc., which provide contract services on an as needed basis to the Building and Safety Division. The proposed amendment increases the hourly rates and the limit on the total compensation paid to the consultants during the term of this agreement.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Amendment to the Consulting Services Agreement for On-Call Contract Building and Safety Services with TRB & Associates, Inc.

FINANCIAL IMPACT:

All charges will be in accordance with assigned on call work and charged to the Building and Safety Division in accordance with the adopted budget.

DESCRIPTION:

The Building and Safety Division utilizes consultants on an as-needed basis to assist Staff with specific areas of technical expertise. This includes plan check, inspections and building code compliance activities. The firms used by the Building Division were selected through an open and competitive request for qualifications process. The City Council authorized entering into a Consulting Services Agreement with TRB & Associates, Inc., on June 1, 2021 (Resolution 58-21).

The term of services on this agreement expires on June 30, 2024.

The City has had to utilize the services of TRB & Associates more than anticipated this current year and that is expected to continue into next fiscal year, due to some staffing shortages with other on-call service providers.
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Staff proposes to amend this agreement to increase the limit on the total compensation paid to the consultants during the term of this agreement as noted in Table 1, and to modify the hourly rates as shown in Table 2. The Agreement is further amended to update the nondiscrimination and equal opportunity clause, and to ensure that consultants remain compliant with the requirements of the Health and Safety Code.

The proposed increase in the not to exceed limit is due to an unforeseen increase of assigned plan review and inspection services.

This agreement does not include an automatic annual escalation in rates. Rate change request, if any, are to be submitted in writing to the City no later than April 1st of each year. If approved by the City, the rate changes become effective on July 1st of that year. Staff proposes to amend the Consulting Services Agreement to modify the hourly reimbursement rates as shown in Table 2.

Table 1: Compensation Limit
Consultant Current Not to Exceed Proposed Not to Exceed TRB + Associates, Inc. $1,000,000 $1,750,000
Table 2: Hourly Rates
Consultant Position Current Rates Proposed Rates
Supervising Building Inspector $140 $146
Building Inspector III $130 $135
Building Inspector II $120 $125
Building Inspector I $105 $109
Building Inspector Trainee $85 $88
Plan Review (on or off-site) $140 $146
Permit Technician $80 - $90 $83 - $93
Certified Access Specialist Inspector
surcharge
$5 $5
Overtime rate 150% 150%
Expediting plan check rate 150% 150%
Project Manager / Deputy Building Official $150 $156
STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
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ATTACHMENTS:
1) Resolution Approving the First Amendment to the Consulting Services Agreement for On-Call Contract Building and Safety Services with TRB & Associates, Inc. 2) Exhibit A to Resolution First Amendment to Consulting Services Agreement Between the City of Dublin and TRB and Associates, Inc.
3) Consulting Services Agreement Between the City of Dublin and TRB and Associates, Inc. 329
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING THE AMENDMENT TO THE CONSULTING SERVICES AGREEMENT FOR ONCALL CONTRACT BUILDING AND SAFETY SERVICES WITH TRB & ASSOCIATES, INC.

WHEREAS, the City Council has approved Consulting Services Agreements with qualified consultants to provide certain services to the Building and Safety Division on an as needed basis; and
WHEREAS, said consultants were selected through a Request for Qualifications projects; and
WHEREAS, the Consultant submitted a request to increase the hourly compensation in accordance with the terms of the Agreement; and
WHEREAS, Staff proposes to increase the limit on the total compensation paid during the term of the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendments to the Consulting Services Agreement with TRB & Associates, Inc.

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

PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Consulting Services Agreement between City of Dublin and July 1, 2021 TRB and Associates, Inc. Page 1 of 14

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
TRB AND ASSOCIATES, INC.

THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and TRB and Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”).

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

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

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

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

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

1.5 [Reserved].

1.6 [Reserved].

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Consulting Services Agreement between City of Dublin and July 1, 2021 TRB and Associates, Inc. Page 2 of 14
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,000,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 The Consultant’s signature;
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 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

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

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

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

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

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
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2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

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

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

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

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

4.3 Professional Liability Insurance.

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. 340
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d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

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

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

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

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

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

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

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

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

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

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

Section 8. TERMINATION AND MODIFICATION.

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

Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.
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In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

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

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

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

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

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that 344
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City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

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

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

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

Section 10. MISCELLANEOUS PROVISIONS.

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

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
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10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

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

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

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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

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

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.
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10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

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

10.10 Notices. Any written notice to Consultant shall be sent to:

TRB and Associates, Inc.
3180 Crow Canyon Place
Suite 216
Sam Ramon, CA 94583
Any written notice to City shall be sent to:

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

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

Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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

SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN TRB AND ASSOCIATES, INC.

Linda Smith, City Manager Todd Bailey, P.E., LEED AP, CASp, MBA, Principal and Project Manager
Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070368.1
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EXHIBIT A

SCOPE OF SERVICES

1. BUILDING INSPECTION AND PLAN CHECK SERVICES. Consultant shall enforce provisions of the City’s Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Universal Design, Energy and Building Maintenance Codes; The City of Dublin’s Zoning Code; and related State and local laws. Consultant shall make such inspections and investigations as may be required to effect such enforcement and issue permits as / are required by the City’s Ordinances and duly adopted policies. Such enforcement shall include the duties related to the Building Official, as assigned, as set forth in the Dublin Municipal Code, and in the performance of such work the Consultant shall do the following:
a. Plan Review. As assigned by the Chief Building Official, review plans prepared by or on behalf of applicants for compliance with the applicable Federal, State, and City ordinances and regulations.

Consultant will strive to complete the first plan check submitted within ten (10) business days of notification of assignment of review by the City. The goal agreed to by Consultant will be to complete 95% of all complete submittal within the ten (10) day period. City recognizes that on large scale projects this may not be possible, and Consultant will strive for a plan review period that does not exceed fifteen (15) days on large-scale projects.

The Consultant SHALL notify the Chief Building Official if the first plan check will not be completed within ten (10) business days.

Consultant will strive to complete the second or subsequent plan check submitted within five (5) business days of notification of assignment of review by the City. The goal agreed to by Consultant will be to complete 95% of all complete submittal within the five (5) day period. City recognizes that on large scale projects this may not be possible, and Consultant will strive for a plan review period that does not exceed ten (10) days on largescale projects. The Consultant SHALL notify the Chief Building Official if the first plan check will not be completed within five (5) business days. b. Building Inspection. Provide building inspection services during the course of construction of facilities to enforce compliance with the provisions of applicable laws including City Ordinances and regulations set forth on the plans for which the permit is issued. In the performance of such duties, Consultant shall provide prompt inspections for each project at the completion of various stages of construction to determine compliance. Consultant shall provide City Manager and / or designee with relevant background information on all assigned inspection personnel prior to assignment under this agreement. Consultant shall assign competent personnel whose background, experience, applicable certifications, and demeanor demonstrate an ability to conduct inspections of the type required under this Agreement, in accordance with City standards. City Manager and / or designee shall determine acceptability of assigned inspection personnel. Consultant shall promptly identify alternate personnel in the event of a request by the City Manager and / or designee.
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In the event that Consultant request a change in the assigned inspection personnel, Consultant shall bear the full cost of any training required to familiarize the assigned personnel with the current status of projects in the City. At the minimum, this shall include a one-week overlap with both inspectors. In the event that an assigned inspector is absent for a period of greater than three concurrent workdays, the Consultant will provide a qualified temporary replacement that is approved by the City. c. Building Maintenance / Housing Code Enforcement. Under the direction of the Chief Building Official, Consultant shall enforce the City’s Building Maintenance Code by investigation of complaints regarding substandard housing conditions and when necessary, prepare cases for citation hearings, criminal proceedings in municipal court, and / or civil abatement proceedings.
d. Presentations of Code Updates. In the event that the State of California adopts revisions to any of the adopted codes during the term of this Agreement, Consultant upon request shall assist the Building Official in preparing the staff report and necessary ordinances in advance of the State mandatory implementation date.
e. Other Duties. Consultant shall perform other related activities as requested by the City, including Permit Technician or Building Official services. Fees for such services shall be negotiated on an as-needed basis as approved by the City Manager or his/her designee.

2. REPORTING / PUBLIC INFORMATION. Consultant shall be responsible for coordination of monthly and annual reports summarizing activities undertaken pursuant to this Agreement.

Reports shall be in a format as mutually agreed by the City Manager and/or designee. As required, Consultant may prepare staff reports for City Council, including but not limited to review and adoption of related code updates. Consultant shall also assist with the preparation of informational brochures designed to assist the public with Building and Safety process.

3. COLLECTION OF FEES. All fees collected from permit applicants in connection with the carrying out of the functions set forth in this Agreement shall be collected by the City. If required, Consultant shall submit as appropriate, information and recommendations on proposed City adjustments to the adopted fee schedules.

4. LIMITATIONS (AVODANCE OF CONFLICTS). During the term of this Agreement, Consultant shall not provide services to any client for a project that requires and approval from the City.

5. EMERGENCY OPERATIONS ASSISTANCE. The following terms and conditions are hereby agreed to by Consultant in the event of a local or reginal emergency:
a. Report into the City of Dublin Emergency Operations Center (E.O.C.). Contract personnel assigned to the City will make a reasonable effort to report to the City of Dublin E.O.C. as soon as possible following a local or regional emergency.
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b. Consultant shall provide emergency preparedness training. All contract personnel assigned to the City shall maintain at all times appropriate emergency training and certification, such as ATC-20 Damage Assessment Training and Certification.
c. The Consultant shall make contract personnel and Consultant resources available for emergency response at the same hourly rates and conditions specified in this contract. d. The Consultant acknowledges that emergency response work may require variations in the work hours and assignments.
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EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
A. City shall pay Consultant for services rendered in accordance with the hourly rates stated in section B. Consultant shall submit invoices, not more often than once per month, based upon the work completed. At the sole discretion of the City, other payment schedules may be considered.

Invoices shall include an accounting of all hours by classification and task. Invoices shall include the purchase order number, amount of purchase order, amount of purchase order remaining, and total hours of augmentation personnel assigned to the City covered by purchase order. The format documentation included on the invoice shall be subject to approval by the City Manager and / or designee.

B. HOURLY RATES:

The following rates include all reimbursable or indirect costs, including but not limited to business cards, all required code books and references, a vehicle, mileage and mobile field device (tablet or laptop) compatible with the City’s permitting and plan storage systems. 1) Supervising Building Inspection $140.00
Prevailing wage rate 130% of Above Hourly Rate
(Includes oversight of Contract
Inspectors, monitoring of inspections
Demand and a knowledge / certification
in commercial / multi-family and singlefamily building systems. May include plan checking assignments)
2) Building Inspector III $130.00
Prevailing wage rate 130% of Above Hourly Rate
(Includes knowledge / certification
in commercial / multi-family and
single-family building systems including
structural. Mechanical, plumbing and
electrical systems. May include plan
checking of non-structural plans.)
3) Building Inspector II $120.00
(Includes knowledge / certification
in residential building systems including
structural, mechanical. Plumbing, and
electrical systems. May included plan
checking of non-structural plans.)
4) Building Inspector I $105.00
(Includes inspections of residential
352
Consulting Services Agreement between City of Dublin and July 1, 2021 TRB and Associates, Inc. Exhibit B – Page 2 of 2
buildings)
5) Building Inspector Trainee $85.00
6) Plan Review (On or off site) $140.00
7) Permit Technician $80.00 to $90.00
8) Overtime rates 150% of Above Hourly Rates
(When pre-approved in writing
from Contract Administrator or designee)
9) Certified Access Specialist - $5.00
Augmentation Inspector
(An hourly surcharge is permitted for
each inspector rate listed in this exhibit
that holds and active CASp certification)
10) Expediting of Projects
(When pre-approved in writing
from Contract Administrator or designee.

Plan Check Times to be negotiated
with each project but shall be at least 30%
faster than plan check times listed in Exhibit A section 1a) Project Manager / Deputy Building Official $150.00
Plan Check Rates 150% of Above Hourly Plan Review Rate
This agreement does not include an automatic annual escalation in rates. Rate change requests, if any, shall be submitted in writing to the Contract Administrator for the City of Dublin no later than April 1st and if approved by the City Council would become effective July 1st of that year. 353
Consulting Services Agreement between City of Dublin and July 1, 2021 TRB and Associates, Inc. Exhibit C – Page 1 of 1

EXHIBIT C

INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.

B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.

C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.

D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.

E. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3070368.1
354

STAFF REPORT

CITY COUNCIL

Agenda Item 4.10
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 – Fiscal Year 2023-24 Project List
Prepared by: Oliver Castillo, Assistant Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving a list of projects funded in Fiscal Year 2023-24 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

STAFF RECOMMENDATION:

Adopt the Resolution Adopting a List of Projects Funded in Fiscal Year 2023-24 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

FINANCIAL IMPACT:

The City is projected to receive $1,834,514 in funding from the Road Maintenance and Rehabilitation Account for Fiscal Year 2023-24. This is in addition to the state gas tax funds the City receives annually, which is anticipated to be $2,087,096 in Fiscal Year 2023-24. The amount of Senate Bill 1 funds allocated to the capital improvement program (CIP) projects are based on previous projections. Any unspent or unallocated funds will be carried forward to future years.

DESCRIPTION:

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

SB 1 is projected to generate over $5 billion annually for state and local transportation improvements. Cities and counties are slated to receive $1.5 billion for repairs to local streets and 355

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

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

RMRA funds are in addition to the traditional state gas tax funds, which have been in place for decades and are allocated by the state through the Highway Users Tax Account (HUTA). The rules associated with the use of RMRA funds are similar, but not identical to the rules associated with HUTA funds. RMRA funds must be used for projects that include, but are not limited to, the following:
 Road maintenance and rehabilitation
 Safety projects
 Railroad grade separations
 Traffic control devices
 Complete streets components, which include active transportation projects, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with other allowable projects
356

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

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

The MOE is calculated by the State Controller based upon the City’s average spending for street and road purposes for Fiscal Years 2009-10, 2010-11, and 2011-12. The City of Dublin’s MOE was calculated as $1,229,320. For Fiscal Years 2023-24 through 2026-27, the City meets the MOE requirement.

Reporting Requirements
For the City to receive RMRA funds, SB 1 requires the annual submission of a project list to the California Transportation Commission. The project list must be adopted by the City Council by July 1 in the form of a resolution adhering to the reporting guidelines. For Fiscal Year 2023-24, Staff recommends that the City Council approve the project list to include the Annual Street Resurfacing (CIP No. ST0117) project, which is a multi-year project and has been approved by the City Council to use RMRA funds in prior fiscal years.

The following new project is proposed to be funded in part with Fiscal Year 2023-24 RMRA funds.  Annual Street Resurfacing (CIP No. ST0117) for Fiscal Year 2023-24 RMRA funding: $1,123,961
This project provides for a variety of pavement surface treatments and repairs to existing City streets. The project is budgeted annually to help maintain the significant investment the City has in the street system. The project locations vary each year; in Fiscal Year 2023-24, the project will provide a slurry seal to collector and residential streets surrounding Silvergate Drive between San Ramon Road and Dublin Boulevard. Streets include Alegre Drive, Amarillo Court, Amarillo Road, Barn Hollow Court, Bay Laurel Court, Bay Laurel Street, Betlen Drive, Buckeye Court, Calle Verde Road, Casa Linda Court, Castle Court, Castle Drive, Circle Way, Corto Court, Cresta Lane, Dillon Way, Estrella Court, Hansen Drive, Kingston Place, Kolb Place, Ladera Court, Ladera Drive, Las Palmas Court, Las Palmas Way, Luna Court, Mancini Court, Manzanita Lane, Mape Way, Meadow Court, Peppertree Road, Prow Way, Rampart Drive, Reilly Court, San Sabana Court, San Sabana Road, Shadow Drive, Shadow Place, Silvergate Drive, and Tina Place.

Additional locations for slurry seal treatment include two segments along Tamarack Drive, between Village Parkway and Burnham Way and between Doreen Street and Brighton Drive.

Locations for pavement overlays include John Monego Court and Dublin Court. Dublin Boulevard west of Silvergate Drive and Village Parkway are locations for base repairs.

Construction is anticipated to begin in summer 2023 and be complete in fall/winter 2023.

Surface treatments and repairs completed with this project will have a useful life of between seven and 20 years.
357

In addition to the submittal of a project list, SB 1 also requires the City to submit an annual report to the California Transportation Commission updating the status of projects for which RMRA funds were expended. Dublin’s next expenditure report is due on December 1, 2023.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Adopting a List of Projects Funded in Fiscal Year 2023-24 by Senate Bill 1, the Road Repair and Accountability Act of 2017
358
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 RESOLUTION NO. XX – 23

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
ADOPTING A LIST OF PROJECTS FUNDED IN FISCAL YEAR 2023-24 BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILTY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $1,834,514 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used the Capital Improvement Program and a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets and help add active transportation infrastructure through the City this year and into the future; and WHEREAS, the 2022 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “very good” condition and this revenue will help us increase and maintain the overall quality of our road system and enhance pedestrian and bicycle safety and mobility within the City; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to the lifespan of our local streets and enhance pedestrian and bicycle mobility and safety with co-benefits statewide.
359
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the following project to be funded in Fiscal Year 2023-24 with Road Maintenance and Rehabilitation Account revenues:

Project Title: Annual Street Resurfacing (CIP No. ST0117) for Fiscal Year 2023-24 Project Description: This project provides a variety of pavement resurfacing treatments and repairs to existing City streets. The project is budgeted annually to help maintain the substantial investment the City has in the public street system. This Fiscal Year’s resurfacing treatments include slurry seal, pavement overlays, and base repairs at the locations described below.

Project Location: This project provides slurry seal maintenance of collector and residential streets surrounding Silvergate Drive between San Ramon Road and Dublin Boulevard.

Streets include: Alegre Drive, Amarillo Court, Amarillo Road, Barn Hollow Court, Bay Laurel Court, Bay Laurel Street, Betlen Drive, Buckeye Court, Calle Verde Road, Casa Linda Court, Castle Court, Castle Drive, Circle Way, Corto Court, Cresta Lane, Dillon Way, Estrella Court, Hansen Drive, Kingston Place, Kolb Place, Ladera Court, Ladera Drive, Las Palmas Court, Las Palmas Way, Luna Court, Mancini Court, Manzanita Lane, Mape Way, Meadow Court, Peppertree Road, Prow Way, Rampart Drive, Reilly Court, San Sabana Court, San Sabana Road, Shadow Drive, Shadow Place, Silvergate Drive, and Tina Place.

Additional locations for slurry seal maintenance include two segments along Tamarack Drive, between Village Parkway and Burnham Way and between Doreen Street and Brighton Drive. Locations for pavement overlays include John Monego Court and Dublin Court. Dublin Boulevard west of Silvergate Drive and Village Parkway are locations for base repairs.

Estimated Project Schedule: Construction starts summer 2023 – completion fall/winter 2023
Estimated Project Useful Life: Surface treatments that will be completed as part of this project will have a useful life of between seven and 20 years. {Signatures on the following page}
360
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
361

STAFF REPORT

CITY COUNCIL

Agenda Item 4.11
DATE: June 6, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Townsend Public Affairs for Grant Strategy and Writing Services
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:

The City Council will consider approving an agreement with Townsend Public Affairs for grant strategy and writing services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement with Townsend Public Affairs for Grant Strategy and Writing Services and approve the budget change.

FINANCIAL IMPACT:

The agreement with Townsend Public Affairs will not exceed $60,000 annually. Approval of the agreement will require a budget increase of $60,000 funded by the General Fund Undesignated Reserve, as identified in Attachment 5.

DESCRIPTION:

Federal grants and other funding opportunities have increased as programs funded through the Bipartisan Infrastructure Law and Inflation Reduction Act come online. In addition, community Project Funding Requests (i.e., earmarks) have returned. State funding for housing, homelessness, and other community development programs continue to be funded, even considering a looming State budget deficit. While the City has managed its financial resources in a prudent manner, Staff recommends implementing a comprehensive strategy to ensure the City is able to take advantage of the funding opportunities at the State and Federal levels of government.

Staff recently issued a Request for Proposals (RFP) for Grant Strategy and Writing Services (Attachment 3) to identify firms with the necessary background, experience, track record of success and ensure that the cost for services is competitive. The RFP was posted on the City’s website and sent to known firms that provide such services. The City received 15 proposals which 362

were reviewed and ranked by an interdepartmental evaluation committee. As a result, Staff recommends Townsend Public Affairs to provide grant strategy and writing services for a term ending on June 30, 2024. The proposed compensation for this term is $60,000.

Townsend proposes an all-inclusive retainer, under which the firm will provide a strategic and comprehensive approach to securing grant funding for the City as described on pages 3-5 of their proposal (Attachment 4).

Townsend currently provides legislative advocacy services for the City through its involvement in the Tri-Valley Cities Coalition and has done so since 2017. Through this relationship, Townsend Staff have developed a strong working relationship with City staff as well as a strong understanding of the City of Dublin’s priorities. Given this and their strong proposal, Staff believes the City stands to benefit by retaining Townsend to coordinate and prepare grant applications to address greatest areas of opportunity or need, and shepherd these grant applications through the review and approval processes.

In addition to engaging Townsend Public Affairs, the City will be entering into smaller, on-call grant writing services contracts with BKF Engineers and Evan Brooks Associates to provide additional specialized grant writing support services for capital improvement projects. Staff envisions these consultants supplementing Townsend’s services as they have consultant teams who can assist with the more technical aspects of transportation grant funding applications (e.g., cost-benefit analyses, exhibit development, cost estimates, etc.). Both contracts are within the City Manager’s signing authority and have the same term as the Townsend contract.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement with Townsend Public Affairs for Grant Strategy and Writing Services
2) Exhibit A to the Resolution – Townsend Public Affairs Agreement 3) Request for Proposal – Grant Strategy and Writing Services 4) Townsend Public Affairs Proposal
5) Budget Change Form
363
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

APPROVING AN AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS

FOR GRANT STRATEGY AND WRITING SERVICES
WHEREAS, on March 15, 2023, Staff issued a Request for Proposals (RFP) for Grant Strategy and Writing Services; and
WHEREAS, the City received fifteen responses to the RFP; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating process; and
WHEREAS, The City desires to enter into an agreement with Townsend Public Affairs for a not-to-exceed amount of $60,000 over a term beginning on June 7, 2023 and ending on June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Townsend Public Affairs, attached hereto as Exhibit A.

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

BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreements, to extend the terms for a maximum of two years beyond the initial term.

PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
364
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 1 of 14

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

TOWNSEND PUBLIC AFFAIRS, INC
FOR

GRANT STRATEGY AND WRITING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Townsend Public Affairs (“Consultant”) (together sometimes referred to as the “Parties”) as of June 7, 2023 (the “Effective Date”).

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

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

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

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

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

1.5 Reserved.

1.6 Reserved.

DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA Attachment 2
365
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 2 of 14 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $60,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

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

2.3 Reserved.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 366
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 3 of 14 incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

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

2.5 Reserved.

2.6 Reserved.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

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

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

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

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

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 367
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 4 of 14 shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

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

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

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

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 368
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 5 of 14 this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

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

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

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

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

4.3 Professional Liability Insurance.

DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 369
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 6 of 14

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

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

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

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 370
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 7 of 14 Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

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

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit B, which is incorporated herein and made a part of this Agreement.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 371
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 8 of 14 customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

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

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

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 372
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 9 of 14 creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 373
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 10 of 14

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

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

8.6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 374
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 11 of 14 the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

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

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

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

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

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

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

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

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

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 375
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 12 of 14 understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.

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

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

10.10 Notices. Any written notice to Consultant shall be sent to:

Townsend Public Affairs
Attn: Christopher Townsend
1401 Dove Street, Ste. 330
Newport Beach, Ca. 92660
Any written notice to City shall be sent to:

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

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

Exhibit A Scope of Services & Compensation Schedule
Exhibit B Indemnification

10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 376
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 13 of 14 one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

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

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 377
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Page 14 of 14 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN TOWNSEND PUBLIC AFFAIRS

Linda Smith, City Manager Christopher Townsend, President Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070368.1
*****
“**”
“***”
“****”
DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 378
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Exhibit A – Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES & COMPENSATION SCHEDULE
Term of Services: June 7, 2023 through June 30, 2024
All-Inclusive Retainer

DESCRIPTION OF SERVICES MONTHLY FEE
Grant Strategy and Writing Services $5,000*
Conduct Detailed Orientation Included
Craft Strategic Funding Plan Included
Identify, Research, and Monitor Grant Funding Opportunities Included Grant Application Development and Submittal Included
Establishment of Clear Accountabilities Included
Provide Overview of Full Applications Requirements Included Assemble Project Background and Details Included
Coordinate Technical Project Details Included
Draft Written Proposal Included
Incorporate Feedback to Finalize Proposal Included
Submit Completed Application Included
Funding Advocacy Included
Post-Grant Submittal Advocacy Included
Post-Award Grant Administration and Compliance Included Comprehensive Follow-Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business and travel expenses DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 379
Consulting Services Agreement between City of Dublin and Townsend Public Affairs for Grant Strategy and Writing Services Exhibit B – Page 1 of 1

EXHIBIT B

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

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

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

DocuSign Envelope ID: E59F0498-9BAA-4C35-ACD1-E5A6DAC43DEA 380
REQUEST FOR PROPOSALS:

GRANT STRATEGY & WRITING SERVICES
City of Dublin, CA
Proposals must be received by: Wednesday, April 5, 2023, at 12:00pm Staff Contact:

John Stefanski
Assistant to the City Manager
100 Civic Plaza
City of Dublin, CA 94568
[email protected]
Posted Date: Wednesday, March 15, 2023
Attachment 3
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March 15, 2023 RFP: Grant Strategy & Writing
Services

Overview
The City of Dublin is located in the Tri-Valley subregion of eastern Alameda County, approximately 35 miles southeast of San Francisco. Incorporated in 1982, the City has a 2020 population of approximately 73,000 residents. The City is a general law city and is governed by a five-member City Council. A contract city, Dublin contracts several firms to provide municipal services including the Alameda County Sheriff’s Office for Police Services, Alameda County Fire Department for Fire Services, and MCE Corporation for Maintenance Services. Water, wastewater, and recycled water services are provided to residents by the Dublin San Ramon Services District (DSRSD).

The City is seeking proposals from qualified professionals and/or firms to provide grant strategy and writing services. Specifically, the City wishes to pursue more grant opportunities to support the City’s ongoing efforts in the delivery of public works, transportation and other capital improvement projects, community development and affordable housing programs, public safety and disaster preparedness services, technology and cyber security initiatives, and other policy areas. The most immediate priority of this work is the City’s ~$160M Dublin Boulevard Extension project. This project, which will extend Dublin Boulevard from Fallon Road to North Canyon’s Parkway, will require significant funding from non-local sources.

Desired Scope of Services:

The selected professionals and/or firms will provide grant strategy and writing services which shall include the following:
• Developing an overall City grant strategy which aligns City priorities with available or upcoming federal, state, regional, or other grant or similar funding opportunities.
• Identifying and researching relevant grant opportunities and participating in any pre-submittal/NOFA webinars on behalf of the City.
• Leading staff and stakeholder meetings to guide grant writing activities. • Preparing and managing individual grant application timelines. Timeline must identify roles, responsibilities, deliverables, and key milestones.
• Producing project narratives and fact sheets to assist in grant applications and City advocacy efforts. • Drafting, editing, and submitting grant applications on behalf of the City, ensuring all submissions are correct and contain all required information.
• Provide technical assistance to Staff administering grants.

The selected professionals and/or firms will report to the Assistant to the City Manager who will manage the contract and assist with internal coordination amongst City departments.

RFP Submittal Requirements
Please prepare and organize your response to this RFP based on the requirements provided below. Any other information you would like to include should be placed in a separate section at the end of your response.

The City will not pay for any costs incurred in preparation and submission of the responses or in anticipation of a contract.

Please email an electronic (.PDF) copy of your Proposal to [email protected] no later than Wednesday, April 5, 2023, at 12:00pm. Physical submittals will not be accepted. Any responses submitted after the stated deadline will not be accepted for consideration.
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March 15, 2023 RFP: Grant Strategy & Writing
Services

Submission Format
To ensure fair and accurate consideration of all submissions, responses must contain the following information:

1. Executive Summary
a. Provide a brief overview of your firm and your firm’s experience providing the services detailed in the previous section of this RFP. This executive summary must include the contact information of the individual authorized to represent your firm and any third parties who will collaborate with you on the delivery of these services. If you are using a third party, please list the roles each party will play in the overall delivery of the services.

2. Project Approach
a. Provide a detailed description of your planned approach and methodology to accomplishing the desired scope of services.
b. Describe your approach to aligning and coordinating with Staff and various stakeholders, and the project management strategies and software (if any) your firm utilizes in the grant application process.

3. Project Team Description
a. Provide names and contact information of the Project Team including the Principal-in-Charge and Project Manager/primary point of contact. Include brief resumes for all team members, as well as their tenure with the firm. Indicate the organizational structure of the team and outline key roles and lines of authority. Identify all sub-consultants and their role in the project, including all the aforementioned information.

4. Relevant Experience & Qualifications
a. State the qualifications and experience of the firm/individuals. Please emphasize specific qualifications and experience with engagement of similar scope and complexity. b. Please provide an example of your firm’s work, including a writing sample as well as project fact sheet your firm has created.

5. Costs
a. Describe the fee schedule your firm proposes for providing grant writing services:
i. If a flat fee, please indicate how that is developed for a grant application. ii. If an hourly rate, please include a detailed hourly rate schedule.

6. References
a. Provide the names, contact information, and brief project summary for three (3) similar municipal agencies for which the firm has provided similar services within the last five years. Please detail your firm’s recent success in securing grant funding for each reference.

7. Standard Agreement Confirmation
a. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the response.
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March 15, 2023 RFP: Grant Strategy & Writing
Services

Review and Selection Process
The City reserves the right to make the selection(s) based on its sole discretion. Depending on the quantity and quality of proposals, the City may elect to establish a list of qualified grant writer firms whom the City may use on an “on-call” basis.

A subcommittee selected by City Staff will evaluate responses to this RFP utilizing the following criteria:
• Qualifications and specific experience of key project team members. • Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the consultant services for this project.

The subcommittee will use a forced ranking process to select finalists. The subcommittee may conduct interviews with more than one firm that has submitted a response.

The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP, which may include hiring multiple firms. The City reserves the right to reject any and all responses prior to execution of the Agreement, with no penalty to the City.

Schedule for RFP Process
Date* Task
March 15, 2023 Public Posting of RFP
March 22, 2023 Deadline to submit questions to City of Dublin March 29, 2023 Answers to Questions and Addendum posted, if required April 5, 2023 Proposals due no later than 12:00pm
April 13-14, 2023 Interview firms (optional)
May 16, 2023 City Council Consideration of Agreement (if required) *Tentative dates, subject to change
Standard Consulting Agreement:

It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work.

A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A.

If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable.

Consideration for exceptions will not be considered if not included in the submitted proposal. 384
March 15, 2023 RFP: Grant Strategy & Writing
Services

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

Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide for these clients.

This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects.

Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.

Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State, or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate, or suspend the Contract in whole or in part. Proposers may also be declared ineligible for further contracts with the City of Dublin.

Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].

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

Attachments
Attachment A Standard Consulting Services Agreement
385

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
[NAME OF PROFESSIONAL CONSULTANT]
FOR
[PROJECT TITLE]
{Removed for purposes of the June 6, 2023 Regular City Council Meeting Packet} 386
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TABLE OF CONTENTS
Proposal for
Grant Strategy and Writing
Services
April 5, 2023
Attachment 4
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TABLE OF CONTENTS
Table of Contents....................................................................................................................................... 1 Executive Summary ......................................................................................................................2 Project Approach .........................................................................................................................3 Project Team Description..............................................................................................................6 Relevant Experience & Qualifications.........................................................................................21 Costs...........................................................................................................................................37 References..................................................................................................................................38 Standard Agreement Confirmation .............................................................................................39 388
Proposal for Grant Strategy & Writing Services | City of Dublin Page 2 April 5, 2023
John Stefanski, Assistant to the City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Mr. Stefanski:

Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Grant Strategy and Writing Services to the City of Dublin (“City”).

Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.

Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.

Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $2.6 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.

Thank you again for your interest in our firm and your consideration of this proposal. TPA does NOT propose using subcontractors to accomplish the scope of work outlined in the RFP. Please contact Olivia Raymond, Business Development Associate, at [email protected] or (949) 399-9050 if you have any questions or need additional information. We would be honored to serve the City of Dublin.

Yours truly,
Christopher Townsend (Authorized to Represent the Firm) President
[email protected]
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PROJECT APPROACH
TPA grant experts diligently work to compile project details, implement quality control measures, and serve as an extension of client staff to seamlessly submit applications and report on all grant activity relevant to client interests. These efforts have resulted in over $2.6 billion in successful grant achievements on behalf of the firm’s clients. TPA will rely on City staff to provide technical project information, budget details, and project timeline information as appropriate, however, TPA will work diligently to reduce the burden on City staff and develop compelling applications that best reflect the City’s priorities.

TPA will utilize the following strategic and comprehensive approach to provide grant funding services to the City:
• Conduct Detailed Orientation: TPA utilizes a comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City, as well as designed for maximum success in the current political climate and funding environment.
• Craft Strategic Funding Plan: Utilizing the information gathered during the onboarding process, TPA will coordinate with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will do more than simply identify City projects; it will outline and prioritize multiple funding options for each project, and develop a specific plan of work tailored for each project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity. • Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise. • Community Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, help develop materials that capture all elements required by the grant, and compile the data following the outreach to include in the application.
• Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
 Application timeline
 Eligible project types
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 Funding availability and award maximum and minimums
 List of application components, including proposal questions and any required attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions. o Coordinate Technical Project Details: For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and costbenefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application. o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead the of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.
o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.

TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: Throughout grant application process TPA will leverage relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and wellpositioned for funding. o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with 391
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PROJECT APPROACH
members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
• Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.
• Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports, evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
• Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success. • Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.

TPA will provide timely electronic monthly reports on the status of all funding activity, such current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
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PROJECT TEAM DESCRIPTION
Alex Gibbs
Grants Manager
Project Manager/Grant
Writer/Funding Advocate
Sammi Maciel
Associate
Grant Writer/Funding
Advocate
Anastasia Heaton
Associate
Grant Writer/Funding
Advocate
Andres Ramirez
Senior Associate
Grant Writer/Funding
Advocate
Christine Rose
Senior Associate
Grant Writer/Funding
Advocate
Eric Thronson
Deputy Director
Grant Writer/Funding
Advocate
Christopher Townsend
President
Managing Principal/
Strategic Advisor
With a team of 15 grant writers and funding advocates, TPA can deploy as many advocates as needed to maximize success and minimize the burden on City staff. TPA will NOT use subcontractors to accomplish the scope of work. TPA proposes a dedicated team of seven people to perform state legislative advocacy services for the City:

Christopher Townsend
President
Role: Managing Principal/Senior Strategic
Advisor
Alex Gibbs
Grants Manager
Role: Project Manager/Grant Writer/Funding
Advocate
Eric Thronson
Deputy Director
Role: Grant Writer/Funding Advocate
Christine Rose
Senior Associate
Role: Grant Writer/Funding Advocate
Andres Ramirez
Senior Associate
Role: Grant Writer/Funding Advocate
Anastasia Heaton
Associate
Role: Grant Writer/Funding Advocate
Sammi Maciel
Associate
Role: Grant Writer/Funding Advocate
TPA uses a strategic approach to grant writing that will be tailored to meet the specific needs of the City. To maximize success, TPA’s team of advocates and grant writers will utilize a collaborative approach and leverage an expansive collection of relationships in the state and federal government, as well as a variety of policy expertise, including in transportation and infrastructure, water, education, parks and recreation, and local governance. The following organizational chart delineates the roles and responsibilities of each member of the project team.

Resumes for each member of the proposed project team can be found on the following pages. 393
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Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 250 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations.

Townsend Public Affairs, Inc.

President 1998-Present
Christopher provides leadership to a team of 15 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include:
• Under Christopher’s leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a “top ten” firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm.
• Under Christopher’s leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom.
• Christopher and his team have secured over $2.6 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety.
• Maintains close bi-partisan relationships with several members of the California Congressional delegation, including Senators Feinstein and Padilla, and Representatives Torres, Lowenthal, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, DeSaulnier, Sanchez, Lieu, Harder, Calvert, Garcia, Steel, and Kim. • Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68 and 84.

Most recently, Christopher worked closely with the State Legislature and the Governor’s office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68. 394
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• In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker’s Commission on State and Local Government Finance. • In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission.

PepsiCo/Taco Bell Corp., Irvine, CA
Senior Director, Government & Community Affairs 1992-1998 Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation.

Stein-Brief Group, Inc., Dana Point, CA
Vice President, Public Affairs 1982-1992
Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities.

Christopher provided land-use planning and entitlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use.

Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives.

JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991
Claremont McKenna College, Claremont, CA
Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982 Coro Fellow
Southern California 1981
Harry S Truman Scholar
California 1980
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Alex Gibbs, Grant Manager: Alex brings 11 years of public policy and legislative advocacy experience to TPA. Alex has four years of experience working for the State Legislature analyzing, researching, writing, and shepherding bills through the legislative process. Alex has also secured significant grant funding for clients throughout California. Alex has expertise in the policy sectors of parks and recreation, local governance, public safety, transportation, cap and trade, and labor relations.

Townsend Public Affairs, Inc.

Grants Manager 2014-Present
During his tenure at TPA, Alex has been responsible for securing millions in competitive grant funds at the private, state, and federal levels for local public agency clients. In addition to his expertise on parks and recreation, transportation, and public safety, Alex has a strong network of relationships with State Legislators and key staff, as well as various state departments and agencies. Some of his accomplishments include:
• Alex worked with the City of San Leandro staff to secure $4,540,922 in grant funding from the Building Forward Library Infrastructure Program administered by the California State Library to upgrade multiple libraries throughout the City. Alex tailored the grant application’s message and narrative, as well as worked with City Staff to create a project budget and timeline that would ensure competitiveness. Alex also utilized advocacy strategies that leveraged the City’s strengths during the grant review process to ensure project success.
• Alex worked closely with the City of Oakland staff to secure $10,801,183 in grant funding from the Clean CA Local Grant Program. Alex leveraged relationships with the California Department of Transportation and the City’s legislative delegation to successfully advocate for two funded projects. This funding helped the City of Oakland conduct the Courtland Creek Restoration Project, as well as the Oakland Mini Parks Beautification Project, both of which provided significant remediation and beautification of public resources for local residents.
• Alex led a team of Kern County staff through the application process to secure $6,515,000 in grant funding from the Prop 68 Statewide Parks Program (Round 4). This funded the South Kern Lamont Park Project which provided much needed renovations to an existing park in the community of Lamont, despite grant program guidelines which provided preferences for the construction of new parks.
• Alex collaborated with state Natural Resources Agency staff to secure a $3,086,000 Urban Greening Grant for the Desert Recreation District. This funded the construction of a new park and sports complex in unincorporated Riverside County. Alex then continued to work with the District on grant administration, ensuring the client was able to see the completion of their legacy project, that had been years in the making. • Alex worked jointly with the City of South San Francisco to secure a $868,000 grant from the Active Transportation Program (ATP). Alex leveraged relationships with the California Department of Transportation and coordinated among local business stakeholders and school officials to craft a competitive grant application to the statewide ATP. This funding 396
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helped the City with their Linden and Spruce Avenue Traffic Calming Improvement Project to construct major traffic calming improvements to ensure bike and pedestrian safety at crucial intersections to residential and commercial neighborhoods. • Alex collaborated with state and federal Land and Water Conservation Fund staff to secure a $750,000 grant for the City of Imperial. This funded the construction of a 300 plus acre regional park and equestrian center. Alex then continued to work with the City on grant administration, ensuring the client was given the appropriate time to meet deadlines and retain their funding.
• Alex worked in concert with the City of South San Francisco to secure a $658,000 grant from the San Mateo County Transportation Authority’s Measure A Pedestrian and Bicycle Program. Alex leveraged relationships with stakeholders in the County to ensure that the City received the funding needed for their Sunshine Gardens Project, including major traffic-calming improvements on streets frequented by students walking and riding bicycles.
• Alex worked closely with City of Novato staff to secure a $220,500 grant from the Food Waste Recovery program at CalRecycle. This funded a local food waste recovery effort in Marin County that allowed the City of Novato to partner with local non-profits and ensure that good food, that otherwise would go to waste, reached food banks and vulnerable residents.
• Alex has developed broad expertise with respect to public safety policy and funding. In conjunction with local stakeholders, Alex has worked successfully on a variety of public safety issues that affect local public agencies in California, including the fight against the trafficking and exploitation of minors, as well as the protection of local control regarding the manufacturing of medicinal cannabis products.

California State Senate
Legislative Aide 2012-2014
Alex worked as a member of the Eighth Senate District’s legislative team representing San Francisco and San Mateo Counties. Alex’s primary responsibilities included monitoring, reviewing, and making recommendations on legislation passing through the Senator’s committee’s as well as bills of interest to the District. Alex annually carried a bill package through the legislative process and assisted with problem bills that required more support. Alex consistently had one of the highest numbers of bills signed into law of any senate staffer.

University of San Francisco, CA
Bachelor of Arts, Politics 2011
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Eric Thronson, Deputy Director: Eric brings two decades of legislative and public policy experience to TPA. While developing and implementing legislative and funding strategies for public agency clients throughout California, Eric maintains deep relationships with key members and staff of the State Legislature, the Administration, and state agencies. Eric has broad expertise in transportation planning and infrastructure from his tenure with both Legislative Transportation Committees and the California Transportation Commission, but his expertise extends to other policy areas including housing and land use, the state budget, and local governance.

Townsend Public Affairs, Inc.

Deputy Director 2021-Present
At TPA, Eric serves a broad range of public agency clients throughout California. He advocates at the federal, state, regional, and local level for client projects and programs including the pursuit of grants and other funding opportunities. Eric’s network of relationships in Congress, the State Capitol and at the California Transportation Commission contributes to his success with clients.

He is adept at assisting clients in navigating complicated legislative and regulatory frameworks at the local, regional, state, and federal levels, and developing effective policy strategies and solutions for clients related to all aspects of transportation, housing, or infrastructure policy.

Since joining TPA, Eric has worked with clients to develop their funding proposals and secure competitive grant funding on projects. He has also worked to identify strategic funding resources that ensured his client’s visions were transformed into reality. Some of his work includes:
• Eric worked with the City of Fontana to develop, prepare, and execute a strategic plan to support the City’s FY22 RAISE grant application. This highly competitive federal grant opportunity administered by the U.S. Department of Transportation formed a key component of the City’s Complete Streets Upgrades. These upgrades include street, bike, sidewalk, and trail improvements, bringing numerous benefits and better quality of life for Fontana residents. The strategy entailed gathering support from key stakeholders in a way especially tailored to the current Administration’s priorities, thus maximizing the application’s chances of success. In addition to tailoring a message, TPA planned advocacy that leveraged the City’s strengths during the grant review process. The culmination of this process was the award of $15 million in federal RAISE funds for the City’s transportation infrastructure improvements. In the FY22 RAISE cycle, Fontana was one of only eight jurisdictions in the State of California to receive a RAISE grant. • Eric worked with California State Transit Agency staff to secure $23,600,000 in funding from the Transit and Intercity Rail Capital Program (TIRCP) for the Sacramento Regional Transit District. The proceeds from this grant will fund a fleet modernization project to purchase 8 new low-floor light rail vehicles to further expand low-floor light rail operations, resulting in faster train journeys, optimized boarding, increased safety, increased capacity, and expanded mobility options for the communities it serves. • Eric worked closely and successfully with Congressman Raul Ruiz to secure an FY 2022 federal appropriations earmark in the amount of $2.5 million for SunLine Transit Agency’s Fueling Station Expansion project, upgrading its 350-bar hydrogen public station to include 700-bar fueling capability for light and heavy-duty vehicles. 398
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• From strategy development to last minute meeting with Legislators, Eric successfully navigated a tax measure on lithium extraction through the state budget process on behalf of the Imperial County Board of Supervisors, securing two-thirds support in the Legislature and the Governor’s signature.
• Eric worked successfully with Senator Anna Caballero to secure $3 million in the FY 2022-23 state budget on behalf of the City of Merced for its Regional Fire Training Center, including building infrastructure, the buildout of shared classroom spaces, decontamination facilities, urban search and rescue props, an aircraft rescue firefighting prop, emergency vehicle operations courses, fire training props, and the completion of a recycled shipping container fire tower.
• In the FY 2022 lithium tax trailer bill, Eric worked with budget staff and Assembly Member Garcia to include $5 million for the development of a programmatic environmental impact report and community benefit plan in Imperial County.
• Eric assisted the City of El Monte with extending a transportation grant by leveraging his close relationships with the California Transportation Commission and saved the City over $400,000 that they otherwise would have had to backfill from its own General Fund.

Assembly Transportation Committee
Chief Consultant 2017-2020
As the Committee’s Chief Consultant, Eric directed and coordinated the Assembly’s agenda for all aspects of transportation policy. In addition, he developed and maintained relationships with key departments, stakeholders, and partners to implement the Assembly’s transportation direction, as well as managing committee staff by training and mentoring new committee consultants through the process of policy analysis.

California Transportation Commission
Deputy Director of Legislation and Finance 2015-2017
Eric coordinated the development of the Commission’s legislative platform and assisted the Commissioners in advising the Legislature and Administration in the implementation of statewide transportation policy. In addition, Eric drove Commission budget proposals through the administrative and legislative processes by identifying and analyzing transportation-related legislation.

Senate Transportation and Housing Committee
Principal Committee Consultant 2011-2015
Eric formed and developed legislative direction for statewide transportation policy, drafted and analyzed bills involving all aspects of transportation policy, and worked with state departments and other transportation partners to implement transportation-related legislation.

California Legislative Analyst’s Office
Fiscal and Policy Analyst, Transportation, Housing, and High-Speed Rail 2008-2011 LBJ School of Public Affairs, The University of Texas at Austin Master of Public Affairs 2008
Tulane University, New Orleans
B.A. in English, Minor in Classics 2000
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Christine Rose, Senior Associate: Christine brings a variety of experience and knowledge to TPA, including six years of experience in public policy and four years of experience in higher education. Christine has successful grant writing experience in areas such as education, cultural resources, public health, parks and recreation, and transportation.

Townsend Public Affairs, Inc.

Senior Associate 2022 – Present
Since joining TPA, Christine has worked with clients to identify their funding needs and develop competitive proposals. She has identified new and strategic funding resources, bringing her clients’ proposals from idea to reality. Her work includes:
• Securing $3.8 million in California Community Schools Program implementation funding for Merced Union High School District for the expansion of their community school program. Funds will allow the district to offer social, academic, and medical services and resources at each of their community school sites, allowing students and their families to receive needed counseling, mental health services, behavioral support, food services and more in a linguistically and culturally appropriate environment. • Coordinating efforts between the City of Guadalupe, Guadalupe Union School District, and nonprofit Los Amigos de Guadalupe to secure a $52,875 Artists in Schools grant award to initiate an arts program in the area’s elementary schools. • Working with Department of Education staff to secure a $200,000 California Community Schools Program planning grant award for Guadalupe Union School District. This funding helped the district plan for the expansion of their community school resources, including hiring additional staff and purchasing supplies.
• Advocating for funding for Guadalupe Union School District’s early learning center and securing federal community program funding in the amount of $2 million. • Christine works to create accessible grant writing and development tools for clients such as grant tracking matrices and application breakdowns. These tools allow clients to access key strategic funding opportunities, develop comprehensive and competitive proposals, and ultimately secure grant funding.
• Christine works closely with clients to understand and meet their funding goals. Her collaboration with clients allows her to craft persuasive narratives and strong grant proposals. She is always researching and identifying new funding opportunities that fit the goals and objectives of her clients.

California State Assembly
Legislative Director 2018 – 2022
Christine worked as the lead member of the Twenty-third Assembly District’s legislative team representing portions of Fresno and Tulare Counties. Her primary responsibilities included crafting the Assembly member’s legislative package and shepherding all bills through the legislative process, as well as identifying budget priorities and staffing those requests. Christine 400
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PROJECT TEAM DESCRIPTION
was responsible for monitoring all legislation passing through the Member’s committees and the Assembly Floor, analyzing each bill and making an appropriate recommendation. She had numerous bills signed into law and multiple budget requests included in the state budget.

California State Assembly
Legislative Aide 2017 – 2018
Christine worked as a member of the Seventy-seventh Assembly District’s legislative team representing San Diego County. Christine’s primary responsibilities included carrying multiple bills through the legislative process as well as monitoring, reviewing, and making recommendations on legislation passing through the Assembly member’s committees. She worked collaboratively with constituents and stakeholders to help craft the Assembly member’s legislative package, carrying multiple bills to the Governor’s desk.

Cal Poly, San Luis Obispo
Master of Arts, History 2013
California State University, Sacramento
Bachelor of Arts, History and Government 2011
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Andres Ramirez, Senior Associate: Andres brings an array of knowledge, experiences, and deep connections to TPA. His work focuses on policy analysis and the unique effects that bills have on clients, shepherding bills through the legislative process, securing substantive amendments on legislation that threatens his clients’ operations or priorities, and securing direct fiscal allocations through the State Budget and Federal Appropriations process. He works with both individual clients and coalition clients. Andres has significant state legislative experience in the policy sectors of energy and broadband, local governance, water, and cannabis. He also had state legislative experience in housing and transportation.

Townsend Public Affairs, Inc.

Senior Associate 2019-Present
Since joining TPA, Andres has worked in the California political arena to vigilantly track, analyze, craft strategic plans, and impact legislation and administrative regulations that will directly affect his clients.
• Andres provides expert analysis and feedback on a variety of policy issues for his clients.

He successfully advocates utilizing multiple touch points, which includes crafting letters and official correspondence to bring client concerns to the attention of decision makers in Sacramento and DC, constantly being present and vocal in the halls of the Capitol – whether in committee hearings or in Legislative meetings, and by utilizing his connections with key Legislators, Capitol Staff, State Agencies and Departments, and various other stakeholders.
• Andres enjoys leveraging his colleagues at TPA, all of whom bring diverse backgrounds and experiences. Utilizing a team approach to lobbying has proven successful in helping clients better navigate the complexities of the California/Washington DC political landscapes and their robust legislative and budget processes. Andres takes pride in the close relationships he maintains with his clients and ensures that he fully understands the intricacies of their unique perspectives and needs – enabling his clients to have successful outcomes in the political arena.
• Throughout his tenure at the firm, Andres has successfully secured over $59 million in direct State Budget allocations for his clients. He has worked closely with the Governor’s Administration, Senators, Assembly Members, Budget Committees, and other key stakeholders to deliver the capital needed for his clients’ priority projects. These budget funds have enabled the development of major bridge and road infrastructure, city facilities, critical housing and homelessness programs, police and fire station construction/repair, and more. He has also successfully secured tens of millions of dollars in direct Federal Appropriations allocations for his clients.
• Andres worked with the City of Fremont to secure $7.2 million for their i-680/Mission Boulevard Interchange Modernization Project. This allocation was critical to ensure traffic and pedestrian safety in one of the most dangerous overpasses in the East Bay Area. • Andres worked with the City of Farmersville to secure $7 million for the construction of a new fire station.
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• Andres worked with the Tri-Valley Cities Coalition to secure $5 million for the Valley Link Rail Project – environmental study and preliminary engineering. • Andres worked with the City of Oakland to secure $5 million for the Teacher’s Rooted in Oakland (TRiO) program, enabling educators to live within their district and providing critical cost of living stipends.
• In the Legislative arena, Andres was an instrumental part of championing legislative proposals which were signed by the Governor that increased county revenue in order to build out more efficient transportation infrastructure and reduce regional traffic. • Andres worked to secure critical amendments in AB 1737 (Holden), exempting cities from a number of onerous and costly requirements related to the operations of daycamps. His work to amend the bill ensured that municipally run or contracted camps could remain open and affordable.
• Andres was able to amend SB 379 (Wiener) by adding provisions that would remove liabilities on cities and counties when they utilize an online, automated platform for issuing permits and conducting inspections related to solar energy systems. • Andres has worked on the successful election campaign for a California State Senate Majority Leader and has experience working in both Capitol and District Legislative offices.

Through his past work, he has gained valuable legislative experience – discussing and explaining major California policy issues with stakeholders, developing and conducting policy projects, and working closely with Elected officials and policy consultants. Prior to joining TPA full time, Andres worked as an intern at the TPA State Capitol office in Sacramento, where he laid a solid framework for his career in government relations.

Andres is an Executive Board Member for the California Latino Capitol Association Foundation, where he serves as Lobbyist-Liaison. In this role, he serves as a linchpin to the Foundation, by maintaining close relations with other Lobbyists, Trade Organizations, Non-Profits, Private Companies, and Legislators. He also leads efforts to expand the organization’s reach by spearheading fundraising and networking.

University of California Los Angeles

Bachelor of Arts in Political Science 2019
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PROJECT TEAM DESCRIPTION
Anastasia Heaton, Associate: Anastasia brings a variety of experience and knowledge to TPA, including four years of experience in public cultural and historical resources. Anastasia has grant writing experience in areas such as water, parks and recreation, cultural resources, and natural resources.

Townsend Public Affairs, Inc.

Associate 2021 – Present
Since joining TPA, Anastasia has worked with clients to develop their funding proposals and secure competitive grant funding on projects. She has also worked to identify strategic funding resources that ensured her client’s visions were transformed into reality. Some of her work includes:
• Anastasia worked with State Department of Water Resources staff to secure $2.3 million in Small Community Drought Relief Grants. This grant funding funded three projects in Kern County and Marin County, ranging in award amount from $19,500 to $1.4 million.

These critical drought mitigation projects include a new intake facility and increased storage capacity for water districts hit the hardest by severe drought conditions. • Anastasia worked closely with the City of Palmdale to secure $1 million in competitive LA County Regional Park and Open Space District Measure A funding for Regional Recreation, Multi-Use Trails, and Accessibility projects. This grant funding will go towards the expansion of a beloved and critical swimming pool in the City’s Marie Kerr Park. • Anastasia worked alongside the City of Agoura Hills and the State Assembly to secure $6 million in funding for the Agoura Hills Linear Park through the State Budget process. This funding will prove critical in constructing a critical and innovative park space for the City. • With the City of Murrieta, Anastasia secured $2.4 million in Economic Development Agency competitive grant funding for the Murrieta Innovation Center, a life-science startup incubator and community resource that will prove integral for job growth and economic development in the City.
• Alongside Merced Union High School District, Anastasia secured $750,000 in Outdoor Equity Grant Funding through the California Department of Parks and Recreation for the Districts “Our Outdoors Program”, which will provide outdoor education excursions and career development for underserved students.
• Anastasia secured $10,000 in State Parks and Recreation funding for the City of Murrieta and the Murrieta Public Library through the Parks Pass Program. Grant funds will go towards to creation of outdoor activity kits for Murrieta library patrons to access and use for outdoor recreation.
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PROJECT TEAM DESCRIPTION
United States State Department and Indian Health Services Agency Research and Writing VSFS Intern 2020 - 2021
Anastasia worked as a researcher and writing intern for the United States State Department and Indian Health Services Agency, devising creative ways to translate and narrate information and data on cultural resources and public health.

Santa Barbara Mission-Archive Library
Archival Intern 2020
Anastasia worked to research and identify significant historical narratives and bring them to the public through community outreach and public education efforts. She provided key support on managing grant documentation and securing funding for the Mission Archive-Library.

Westmont College, Santa Barbara
Bachelor of Arts, History 2021
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PROJECT TEAM DESCRIPTION
Sammi Maciel, Associate: Sammi brings six years of federal legislative, funding, and public policy experience. Sammi has experience managing legislative activity, including bill analysis, research, and drafting particularly for federal funding opportunities. Sammi has expertise in several policy sectors including local governance, transportation, broadband, energy, and cultural resources.

Townsend Public Affairs, Inc.

Associate 2021-Present
Since joining TPA, Sammi keeps clients informed of significant actions and pertinent developments in the federal government and strategizes ways in which to influence and enact changes in Washington, DC that have concrete results for clients. Some of Sammi’s experience includes:
• In FY 2023, Sammi worked with the City of Half Moon Bay to secure a $2 million earmark for the City’s Highway 1-Frenchman Creek Intersection and Bike/Pedestrian Improvement project. Sammi assisted in developing and submitting the project for consideration, as well as leveraged her extensive federal relationships to ensure success. • Sammi’s four years of experience working for two California Senators has led to an extensive network of relationships both on Capitol Hill and within federal agencies. Her understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the Senate and House are important to successfully advocating for California-based clients. • Sammi has first-hand knowledge of the current federal appropriations process, including community project funding requests. This process differs from the pre-2011 earmark process and an understanding of the need to balance transparency and politics to submit a competitive request is key. Sammi has utilized her experience to successfully assist clients secure millions of dollars’ worth of earmarks.
• Sammi has identified new and previously underutilized federal grants for the benefit of TPA clients. She has leveraged her relationships with key grant officials at various federal agencies to ascertain their specific priorities and buzz words required for successful grant applications. Sammi then leverages that information to help TPA federal clients develop and submit more competitive federal grant applications and then provide more effective tailored advocacy to secure funding awards.

US Senate, Office of Senator Kamala Harris (CA)
Field Representative 2019-2021
Sammi represented a 30-county region on behalf of Senator Harris, attending events, hosting meetings, and facilitating outreach to constituents. She tracked key issues, facilitated rapid response, and built an extensive network of relationships with local elected officials and advocacy groups within her 30-county region. Additionally, Sammi drafted letters of support on behalf of her 30-county region addressed to numerous federal agencies, requesting funding for key projects in the region.
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PROJECT TEAM DESCRIPTION
US Senate, Office of Senator Dianne Feinstein (CA)
Legislative Intern Summer of 2017
As a legislative intern with Senator Dianne Feinstein’s office, Sammi researched and drafted memos for state field representatives regarding state legislature bills in the policy areas of transportation and water infrastructure, cannabis, and sanctuary cities.

Dominican University of California
Bachelor of Arts, Political Science 2017
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RELEVANT EXPERIENCE AND QUALIFICATIONS
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend
• Advocacy Success: Shepherded over 100 client-sponsored legislative proposals into law • Funding Success: Over $2.6 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 25 years (founded in 1998)
• Number of Employees: 19
• Number of Registered State and Federal Lobbyists and Grant Writers: 15 • Number of Offices: Five
o TPA State Capitol Office, Sacramento
o TPA Federal Office, Washington, DC
o TPA Northern California Office, Oakland
o TPA Central California Office, Fresno
o TPA Southern California Office, Newport Beach
• Types of Clients:
o City Governments
o County Governments
o Water and Sanitation Districts
o Transportation Districts
o K-12 School Districts
o Community College Districts
o Parks and Recreation Districts
o Fire Protection Districts
o Museums, Science Centers, and Cultural Facilities
• Areas of Specialization:
o Local Governance (Cities, Counties, Special Districts) o Transportation Policy and Infrastructure
o Water and Sanitation Policy and Infrastructure
o Education Policy and Infrastructure
o Housing and Economic Development
o Parks and Community Facilities (Recreational, Cultural, Historical) o Energy, Environment, and Natural Resources
o Public Safety
o Budget and Finance
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Townsend Public Affairs has raised the bar among grant writing firms with a California focus.

Founded in 1998 by President and Owner Christopher Townsend, TPA provides legislative advocacy and grant writing services to public agencies and nonprofit organizations throughout California. Since its founding, TPA has provided customized legislative and funding advocacy for over 250 public agencies throughout the State of California. Over the last 25 years, TPA has excelled in the following areas in order to execute our clients’ agendas and secure significant funding success for legacy projects.
• Funding: Since 1998, TPA has secured over $2.6 billion in competitive funding for client projects in the areas of transportation, water and wastewater, housing and development, parks and recreation, public safety, education, and cultural resources. TPA works with its clients through every step of the funding process, starting as early as the creation of relevant funding opportunities through legislative, budget and bond proposals. TPA then works to influence any legislative and regulatory processes in place to distribute and award funds. In partnership with clients, TPA assists with the development of grant applications and shepherds them through the agency review process, advocating aggressively to get applications funded.
• Attention to Detail: The TPA team works with clients to craft and execute an agenda focused on implementing legislative and funding solutions for legacy projects at all levels of government. The firm is made up of 15 team members with their own areas of expertise, who will collaborate and work together to achieve ultimate results. This means the City will have a dedicated Project Manager, as well as the benefit of having a variety of subject experts at its disposal who are at the top of their field to tackle projects and issues of the City. These efforts, combined with tactical and consistent follow-up, would undoubtedly lead to notable achievements for the City.
• Dedicated Grant Writing Team: The TPA team oversees a host of local, state, and federal grant opportunities and strategizes with the TPA project management team and clients to identify funding needs and eligible grant programs. TPA then works with Department officials to understand best practices to ensure grant application success. TPA grant experts diligently work to implement quality control measures on grant language and work as an extension of the client to seamlessly submit applications and report on all grant activity relevant to client interests. TPA employs the most effective strategies, including constant communication and updates on relevant funding programs, strategic and pointed application development and submittal, and grant application advocacy to ensure clients’ projects are compelling and best positioned for success.
• Relationships: TPA has cultivated and maintains an extensive network of powerful and longstanding relationships which will be leveraged to meet the City’s needs. TPA works diligently to craft and submit the strongest grant application possible, followed by diligent funding advocacy with key state and federal agency officials in order to ensure the highest likelihood of success. Additionally, TPA works with key members of the State legislature and Congressional representatives to ensure our clients’ priorities are regularly voiced at both the state and federal levels and the importance of client projects is well-conveyed. These strategies, in tandem with TPA’s expertise, experience, and dedication to our clients, will undoubtedly lead to significant achievements for the City of Dublin. 409
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RELEVANT EXPERIENCE & QUALIFICATIONS

GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.

These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.

Policy Sector State Funding Federal Funding All Sources Water and Sanitation $128.9 Million $12.9 Million $141.8 Million Transportation $619.2 Million $188.3 Million $807.5 Million Education $253.1 Million $49.9 Million $303.0 Million
Parks and Recreation $255.4 Million $30.1 Million $285.5 Million Cultural Resources $139.7 Million $14.2 Million $154.0 Million Housing and
Development $719.2 Million $26.7 Million $745.9 Million Public Safety $138.7 Million $79.0 Million $217.8 Million TOTAL $2.254 Billion $401.4 Million $2.655 Billion
The following tables provide an overview of the budget earmarks that TPA secured on behalf of 410
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RELEVANT EXPERIENCE & QUALIFICATIONS
our clients in the State Budget for FY 2022-23, FY 2021-22, and FY 2019-20. For each earmark, TPA strategized with our clients to identify priority projects and transform them into budget requests. TPA then worked closely and diligently with Members of the Assembly and Senate (and their staff), the Budget Committees, the Governor’s Administration, and other key stakeholders to ensure our client projects were included in the final official budget.

FY 2022-23 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
California Academy of
Sciences Thriving California Environmental Learning Plan $2,100,000 City of Agoura Hills Linear Park Project $6,000,000
City of Anaheim Boysen Park Rehabilitation $15,000,000
City of Berkeley Marina and Pier Projects $15,000,000
City of Buena Park Water System Improvements $5,000,000 City of Compton Artesia Boulevard Bridge Rehabilitation $12,000,000 City of Costa Mesa
Citywide Park Project $10,000,000
Ketchum Liboldt Park $1,200,000
Fairview Developmental Center $3,500,000
City of Del Mar Del Mar Bridge Replacement Project $2,200,000 City of Dinuba Fire Department Equipment and Training $2,000,000 City of Farmersville Fire Station Construction $7,000,000 City of Fremont
Teen Center Building Upgrades $8,000,000
Sabercat Bridge and Trail project open space
acquisition and planning $6,000,000
I-680 Sabercat Bridge Infrastructure $6,000,000
Housing Navigation Center $500,000
City of Fullerton Navigation Center Project $6,000,000
City of Gardena
Broadband Infrastructure $4,000,000
Revitalization of Gardena Boulevard $2,000,000
City of Hayward Scattered Site Housing Model to Create Cost-Effective Permanent Housing for unhoused individuals $5,400,000
City of Huntington Beach Mental Health Crisis Unit $1,500,000 City of Irvine
Sweet Shade Park $2,800,000
Mental Health Crisis Unit $1,500,000
City of La Habra Imperial/Coyote Creek Sinkhole $8,500,000 City of Laguna Beach Mental Health Crisis Unit $1,500,000 City of Merced Merced Regional Fire Training Center $3,000,000 City of Oakland Teachers Rooted in Oakland (TRiO) Program $5,000,000 City of Palo Alto Replacement of Fire Station 4 $5,200,000 Newell Road Bridge Replacement $2,000,000
City of Parlier Parlier Police Station $2,500,000
City of Santa Clara Magical Bridge All-Inclusive Playground in Central Park $800,000
City of South San
Francisco
Linden Park Project $3,200,000
County of San Mateo Union Community Alliance $1,500,000 411
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City of Tustin Centennial Park Rehab Project $4,800,000 Discovery Cube Los
Angeles Sustainability Park Project $5,000,000
Discovery Cube Orange
County Santiago Creek Sustainability Park $10,000,000
Imperial County Lithium Valley Specific Plan and PEIR $5,000,000 Land Conservancy of San
Luis Obispo County Camatta Ranch Preservation $2,500,000 North Orange County
Public Safety Task Force
Servicing the Public Safety Collaborative efforts within the cities of Anaheim, Brea, Buena Park, Fullerton, La
Habra, Stanton, and Placentia
$8,000,000
Oakland Museum of
California
Calli Americas Poster Collection Digitizing and
Cataloguing Project $250,000
Port of Hueneme eCrane - Electrical Crane Plug-In Infrastructure $5,000,000 Tri-Valley Cities Coalition Valley Link Rail Project (Environmental Study and Preliminary Engineering) $5,000,000
TOTAL FY 2022-23 STATE BUDGET EARMARKS: $200,950,000
FY 2021-22 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000
City of Fremont Mission Blvd Interchange Modernization Project $7,200,000 City of Fullerton
Hunt Library Restoration $2,750,000
Homelessness Recuperative Center $4,000,000
City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward
Hayward Navigation Center $662,000
South Hayward Youth Family Center Project $1,000,000
City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland
Oakland Fund for Public Innovation for the
California Entrepreneurship Capital in the
Community Initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project $10,000,000
Port of Oakland Freight and Passenger Infrastructure
Enhancements
$280,000,000
City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000 City of San Pablo Alternative Policing and Mental Health Program $2,000,000 412
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City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science
Foundation
Discovery Cube of Orange County Re-Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re-opening
Operating Expenses
$2,600,000
North Orange County Public
Safety Task Force
North Orange County Public Safety and Homelessness
Task Force Program Extension
$7,800,000
TOTAL FY 2021-22 STATE BUDGET EARMARKS $377,715,020
FY 2019-20 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Agoura Hills Stormwater Treatment Project $1,000,000 City of Avalon Underground Fuel Tank Removal and Replacement $500,000 City of Buena Park Historical Facilities Renovations $500,000 City of Costa Mesa Lions Community Park $1,000,000
City of Dinuba Water Well Replacement $1,000,000
City of Huntington Beach Multi-Use Blufftop Path $1,700,000 City of Laguna Beach Laguna Canyon Road Fuel Modification $1,000,000 City of Oakland Public Safety Projects $4,000,000
Bus Services $1,000,000
City of Selma Storm Drain, Storage, and Recharge $1,500,000 Discovery Cube of
Los Angeles Natural Resources Pavilion $5,000,000
Discovery Cube of
Orange County Property Acquisition/Parking Structure $10,000,0000 East Contra Costa Fire
Protection District
Equipment, Vehicles, and Facilities
Acquisitions and Improvements $500,000
North County Transit District Del Mar Bluffs Stabilization Project $6,130,000 Tri Valley Cities Coalition Dublin Sports Grounds All-Abilities Playground $1,400,000 TOTAL FY 2019-20 STATE BUDGET EARMARKS $36,230,000

CUMULATIVE TOTAL STATE BUDGET EARMARKS
FOR FY 2019-20, FY 2021-22, AND FY 2022-23:
$614,895,020
The following tables provide an overview of the appropriations earmarks that TPA secured on 413
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RELEVANT EXPERIENCE & QUALIFICATIONS
behalf of our clients in the Federal Appropriations legislation for FY 2023 and FY 2022. For each earmark, TPA strategized with our clients to identify priority projects and transform them into appropriations requests. TPA then worked closely and diligently with Members of Congress and the U.S. Senate (and their staff), the appropriations committees, the President’s administration, and other key stakeholders to ensure our client projects were included in the final appropriations legislation.

FY 2023 FEDERAL APPROPRIATIONS EARMARKS
Client Project Amount Awarded
City of Avalon Pebbly Beach Road $2,000,000
Affordable Community
Living Veteran Housing Project $1,000,000
City of Berkeley Martin Luther King Junior Youth Services Center Renovation $750,000
City of Del Mar Shoreline Access Improvement Project $750,000 Discovery Cube Los
Angeles Community Pavilion and Gardens $2,000,000
Discovery Cube Orange
County
Santiago Creek Festival Grounds Sustainability
Park $2,000,000
City of Dinuba Well 21 $1,500,000
City of Emeryville Intergenerational Affordable Housing Project on San Pablo Avenue $500,000
City of Gardena Rosecrans Community Center $1,000,000
Guadalupe Union School
District Early Childhood Education Center $2,000,000
City of Half Moon Bay Highway 1/ Frenchman Creek Intersection and Bike/Ped Improvements $2,000,000
City of Hesperia Cedar Street $2,000,000
City of Lafayette School Street Safe Routes to Schools $3,100,000 Merced County Association
of Governments YARTS Fleet Replacement Project $3,680,000 City of Murrieta Keller Ave Interchange $2,600,000
North Orange County
Public Safety Collaborative Collaborative Funding $5,000,000 City of Oakland Coliseum Place Affordable Housing Project $750,000 City of Oakland Procedural Justice/Community Police Trust $646,000 City of Oakland Lincoln Center Resilience Hub $2,000,000 Orange County Housing
Finance Trust
Funding to Support Permanent Supportive and
Low-Income Housing $3,000,000
City of Ontario Active Seniors on the Go $439,094
City of Pleasanton PFAS Treatment and Well Rehabilitation Project $2,000,000 414
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RELEVANT EXPERIENCE & QUALIFICATIONS
FY 2022 FEDERAL APPROPRIATIONS EARMARKS
Client Name Project Amount Awarded
Amity Foundation Mother's Hub Residence $2,838,521
Cities of Anaheim, Brea,
Buena Park, Fullerton,
Stanton, Placentia
North Orange County Public Safety and
Homelessness Task Force $5,000,000
Cities of Dublin, Livermore,
and Pleasanton AXIS Mental Health Urgent Care $450,000
City of Agoura Hills Community Center $1,000,000
City of Beaumont Pennsylvania Avenue Widening $1,500,000 City of Berkeley African American Holistic Resource Center $1,000,000 City of Brea Tracks at Brea Extension $2,000,000
City of Chino Hills Open Space Fuel Reduction $565,000
City of El Monte MacLaren Community Park Project $1,500,000 City of Emeryville Contaminated Remediation for Housing $2,000,000 City of Hesperia Maple Avenue Street Improvements $2,000,000 City of Huntington Beach Sand Mitigation $15,500,000
Mobile Crisis Response Program $500,000
City of Palmdale Ave. M Grade Separation Project $2,000,000 City of Palmdale Ave. M Grade Separation Project $1,500,000 City of Parlier Police Station Rehabilitation and Improvements $875,000 Rancho Santiago
Community College District
Workforce Development Pathways Targeting
Dislocated and At-Risk Populations $2,000,000
City of Santa Clara Fire Station Microgrid Project $500,000 City of Santa Clara Anna Drive Neighborhood Flood Protection Project $3,000,000
City of South El Monte Merced Avenue Greenway Project $3,000,000 Sunline Transit Agency Fueling Infrastructure Expansion $2,500,000 City of Tulare Water Delivery System $500,000
City of Tulare Emergency Homeless Shelter $1,500,000
Yorba Linda Water District Green Crest Lift Station $300,000 Yosemite Community
College District
Modesto Junior College Regional Fire Training
Facility Apparatuses and Props $2,000,000
TOTAL FY 2023 FEDERAL APPROPRIATIONS EARMARKS $60,390,094 415
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RELEVANT EXPERIENCE & QUALIFICATIONS
City of Murrieta Homeless Outreach Services Funding $500,000 City of Oakland
Mental Health Resilience Project $1,230,000
Mental Health Resilience Project $734,000
Broadway - Bus and Pedestrian Safety $2,000,000
Violence Prevention Project $200,000
City of Placentia Golden Avenue Bridge $2,200,000
City of San Ramon Iron Horse Trail Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing $2,000,000
City of Santa Clara City of Santa Clara De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects $2,725,000
City of Stanton Orangewood Parkette $850,000
Discovery Cube of
Orange County
Land Acquisition and Development for
Sustainability Festival $2,000,000
East Contra Costa Fire
Protection District Fire Station $1,500,000
Guadalupe Union School
District LeRoy Park $1,700,000
North County Transit District Hydrogen Fuel Cell Electric Bus Station $1,717,836 Rancho Santiago Community
College District RSCCD Digital Access Consortium $2,000,000 Town of Danville
Danville Townwide Traffic Signal Modernization $1,000,000 Iron Horse Trail Bridge, Nature Park, and
Pedestrian Safety Project $350,000
Yorba Linda Water District Heli-Hydrant $500,000
TOTAL FY 2022 FEDERAL APPROPRIATIONS EARMARKS $59,060,357

TOTAL FEDERAL APPROPRIATIONS EARMARKS
FOR FY 2022 and FY 2023:
$119,390,451
416
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RELEVANT SUCCESSFUL GRANT AWARDS
The following chart provides a list of relevant successful grant awards secured by TPA on behalf of our clients. A sample of a completed application that was submitted and awarded can be provided upon the City’s request.

City of Fontana RAISE Grant
Client City of Fontana
Amount Secured $15,000,000
Project
Description
TPA worked with the City of Fontana to develop, prepare, and execute a strategic plan to support the City’s FY22 RAISE grant application. This highly competitive federal grant opportunity administered by the U.S. Department of Transportation formed a key component of the City’s Complete Streets Upgrades including street, bike, sidewalk, and trail improvements, bringing numerous benefits and better quality of life for Fontana residents. In addition to tailoring a message, TPA planned advocacy that leveraged the City’s strengths during the grant review process. The culmination of this effort was the award of $15 million in federal RAISE funds for the City’s transportation infrastructure improvements. In the FY22 RAISE cycle, Fontana was one of only eight jurisdictions in the State of California to receive a RAISE grant.

Year of Award 2022
County of Kern Department of Parks and Recreation Statewide Parks Program Client County of Kern
Amount Secured $6,515,000
Project
Description
TPA worked with the County to secure more than $6.5 million through the Department of Parks and Recreation’s Statewide Parks Program. The funding will support the revitalization of South Kern Lamont Park and will ensure that the communities throughout the County have access to the highest quality of recreational spaces. TPA compiled all necessary application information, as well as drafted and submitted the project on behalf of the County. TPA utilized its extensive parks and recreation experience and network of state agency relationships to ensure the project’s full consideration and success.

Year of Award 2022
City of San Leandro Building Forward Library Infrastructure Program Client City of San Leandro
Amount Secured $4,540,922
Project
Description
TPA collaborated with the City of San Leandro to secure over $4.5 million for the City’s Mulford Marina Branch Library project through the Building Forward Library Infrastructure Program administered by the California State Library. The proceeds from this grant will be used to build a new library facility on the existing site, as well as upgrade several other library buildings throughout the City with much needed climate and seismic retrofits.

Year of Award 2022
CalWater Small Community Drought Relief Program
Client California Water Service
Amount Secured $1,400,000
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Project
Description
TPA worked on behalf of California Water Service to secure $1.4 million through the Small Community Drought Relief Program. The award will enable CalWater to address water supply challenges due to the current drought by improving water supply sources and storage, replacing aging and leaking water infrastructure, and providing backup power sources for water systems.

Year of Award 2022
City of Moreno Valley Caltrans Active Transportation Program Client City of Moreno Valley
Amount Secured $8,403,000
Project
Description
TPA worked with the City of Moreno Valley to secure more than $8.4 million in funding through the California Department of Transportation’s Active Transportation program for the City’s Juan Bautista de Anza Multi-Use Trail project. TPA leveraged our extensive grant experience and expertise to craft a compelling narrative and submit the strongest application possible. Additionally, TPA worked with relevant state transportation officials to ensure the City’s priorities were being conveyed and the project received full consideration from the granting agency.

Year of Award 2019
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RELEVANT EXPERIENCE & QUALIFICATIONS

WORK SAMPLES
WRITING SAMPLE:
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RELEVANT EXPERIENCE & QUALIFICATIONS
PROJECT FACT SHEET:
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RELEVANT EXPERIENCE & QUALIFICATIONS
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RELEVANT EXPERIENCE & QUALIFICATIONS
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Proposal for Grant Strategy & Writing Services | City of Dublin Page 37 COSTS
ALL-INCLUSIVE RETAINER:

The fee for this engagement was developed through the consideration of the scope of work, including the scope of the application narrative and requirements, community outreach, research, and any reporting/compliance that would be needed to complete competitive grant applications.

DESCRIPTION OF SERVICES MONTHLY FEE
Grant Strategy and Writing Services $5,000*
• Conduct Detailed Orientation Included
• Craft Strategic Funding Plan Included
• Identify, Research, and Monitor Grant Funding Opportunities Included • Grant Application Development and Submittal Included
• Establishment of Clear Accountabilities Included
• Provide Overview of Full Applications Requirements Included • Assemble Project Background and Details Included
• Coordinate Technical Project Details Included
• Draft Written Proposal Included
• Incorporate Feedback to Finalize Proposal Included
• Submit Completed Application Included
• Funding Advocacy Included
• Post-Grant Submittal Advocacy Included
• Post-Award Grant Administration and Compliance Included • Comprehensive Follow-Up on Unsuccessful Applications Included *The monthly fee includes all reasonable business and travel expenses 424
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REFERENCES

1. CITY OF SAN LEANDRO
Contact Name: Eric Engelbart
Contact Title: Deputy City Manager
Address: 835 East 14th Street, San Leandro, CA 94577
Phone Number: 510-577-3389
Email Address: [email protected]
Dates of Service: 2013 - Present
Description of Services: TPA provides legislative advocacy and grant writing services to the City.

Specific Grant Awards: Building Forward Library Infrastructure Grant: $4,079,701 Urban Forestry Grant: $1,500,000

2. CITY OF SOUTH SAN FRANCISCO
Contact Name: Sharon Ranals
Contact Title: Interim City Manager
Address: 400 Grant Ave, South San Francisco, CA 94080
Phone Number: 650-877-8502
Email Address: [email protected]
Dates of Service: 2015 - Present
Description of Services: TPA provides legislative advocacy and grant writing services to the City.

Specific Grant Awards: Land Water Conservation Fund Award: $830,000 CPUC Local Agency Technical Assistance Grant: $266,185
Department of Transportation Highway Safety Improvement Program Grant: $249,800

3. TOWN OF DANVILLE
Contact Name: Cat Bravo
Contact Title: Assistant to the Town Manager
Address: 201 Front Street, Danville, CA 94526
Phone Number: 925-314-3377
Email Address: [email protected]
Dates of Service: 2019 - Present
Description of Services: TPA provides legislative advocacy and grant writing services to the Town.

Specific Grant Awards: Department of Transportation Highway Safety Improvement Grant: $240,000
CalRecycle Rubberized Pavement Grant: $200,000
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STANDARD AGREEMENT CONFIRMATION
TPA confirms its ability to meet the City’s Standard Consulting Agreement and insurance requirements. TPA does NOT require any exceptions to the Agreement and insurance requirements.
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Attachment 5
Budget Change Reference #:

From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
10011100.64001 $60,000
6/6/2023
Posted By: Date:

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

CITY OF DUBLIN
Citywide grant strategy and writing services contract with Townsend Public Affairs

REASON FOR BUDGET CHANGE
FISCAL YEAR 2022-23

BUDGET CHANGE FORM

DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
EXP: General Fund - City Manager's Office - Contract Services City Council's Approval Required
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STAFF REPORT

CITY COUNCIL