Agenda packet — Dublin City Council, June 4, 2024 (part 3 of 7)

Agenda Item 5.3
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Transportation Development Act Article 3 Pedestrian and Bicycle Project Funding for Fiscal Year 2024-25
Prepared by: Oliver Castillo, Assistant Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving the use of Transportation Development Act (TDA) Article 3 Pedestrian and Bicycle Project Funding for the construction of the Regional Street Mid-Block Crossing Improvement and pedestrian improvements along Amador Valley Boulevard, from the Iron Horse Regional Trail to Stagecoach Road.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding.

FINANCIAL IMPACT:

There is $286,445 in Transportation Development Act (TDA) Article 3 funds for Fiscal Year 2024- 25 available to the City, which Staff proposes to use to partially fund construction costs for the Regional Street Mid-Block Crossing Improvement and for pedestrian improvements along Amador Valley Boulevard. The current cost estimates for the work on Regional Street and on Amador Valley Boulevard are $586,000 and $600,000, respectively. There are no matching fund requirements associated with TDA Article 3 funds. Additional funds needed to complete the project are available in the adopted Citywide Bicycle and Pedestrian Improvements Project, CIP No. ST0517. Once the Metropolitan Transportation Commission approves the use of the TDA Article 3 funds, Staff will reflect the funds in the budget.

DESCRIPTION:

The Mills-Alquist-Deddeh Act (Senate Bill 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation 324

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coordination. Known as the Transportation Development Act (TDA) of 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans. The TDA funds a wide variety of transportation programs, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects.

TDA Article 3 funds are apportioned based on the population of a local jurisdiction. The funding distribution involves a three-step process: (1) apportionment, (2) allocation, and (3) payment.

Annually, the Metropolitan Transportation Commission (MTC) determines the nine-county share of the anticipated TDA funding. Allocation to local jurisdictions is a discretionary action by MTC, which designates funds to a specific City or unincorporated County area for bicycle and pedestrian improvements. Payment is authorized by allocation instructions issued by MTC, which may call for payment in lump sum, in installments, or as funds become available.

To receive the allocation of TDA Article 3 funds, MTC requires the local jurisdiction to adopt a resolution that requests the allocation from funding that is already apportioned to that jurisdiction. MTC also requires that the resolution include specific findings and a copy of the TDA Article 3 Project Application Form, which are included as Attachment 1 to this report. The City Council previously adopted Resolution No. 69-21 on June 15, 2021, requesting the allocation of $188,038 in TDA funds, which are being used to fund the design phase of the Safe Routes to School – Safety and Access Improvements project. For the Fiscal Year 2024-25 allocation, Staff plans to use TDA funds for improvements on Regional Street and along Amador Valley Boulevard, as described below.

Regional Street Mid-Block Crosswalk Improvement
This project will install a mid-block crosswalk, a rectangular rapid-flashing beacon with bulbouts, sidewalk, driveway and ADA curb ramp upgrades, signing, and striping improvements on Regional Street between Dublin Boulevard and Amador Valley Boulevard. This project is one of the highpriority improvements identified in the Downtown Dublin Streetscape Plan and the Bicycle and Pedestrian Plan. The work will improve pedestrian visibility, safety, and access to various commercial destinations along Regional Street, and is part of the Citywide Bicycle and Pedestrian Improvements project, CIP No. ST0517.

Pedestrian Improvements along Amador Valley Boulevard
This project will remove the existing sidewalk along Amador Valley Boulevard from west of the Iron Horse Regional Trail to Stagecoach Road and replace it with a wider sidewalk (curb and gutter), upgrade the trail curb ramps and median refuge to current ADA standards, and install high visibility pedestrian crosswalk markings. This portion of the project will be constructed with the Green Stormwater Infrastructure project, CIP No. ST0121, but the improvements are funded through CIP No. ST0517.

STRATEGIC PLAN INITIATIVE:

None.
325

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NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted. The proposed use of the TDA Article 3 funding for the Regional Street Mid-Block Crossing Improvement and pedestrian improvements along Amador Valley Boulevard was presented to the Alameda Countywide Bicycle and Pedestrian Advisory Committee on May 9, 2024.

ATTACHMENTS:
1) Resolution Approving a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
2) MTC Resolution No.4108 – TDA Article 3 Policies and Procedures 3) Citywide Bicycle and Pedestrian Improvement Project, CIP No. ST0517 326
Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 11 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2024-25 TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, titled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Dublin desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this Resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code.

BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this Resolution, or that might impair the ability of the City of Dublin to carry out the project.

BE IT FURTHER RESOLVED, that the City of Dublin attests to the accuracy of and approves the statements in Attachment A to this Resolution.

BE IT FURTHER RESOLVED, that a certified copy of this Resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

BE IT FURTHER RESOLVED, that the City Manager or designee is authorized to approve the budget change to add TDA Article 3 funds to Capital Improvement Program, Citywide Bicycle and Pedestrian Improvements, CIP No. ST0517 upon MTC’s approval of the allocation of TDA Article 3 funds.
327
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 11 PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
328
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 3 of 11 Attachment A
Re: Approving Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024-25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding
Findings

1. That the City of Dublin is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Dublin legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Dublin has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Dublin within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10.That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11.That the City of Dublin agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 329
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 4 of 11

ATTACHMENT B
TDA Article 3 Project Application Form

1. Agency City of Dublin

2. Primary Contact Oliver Castillo

3. Mailing Address 100 Civic Plaza, Dublin, CA 94568

4. Email Address [email protected] 5. Phone Number
925-833-6630

6. Secondary
Contact (in the
event primary is not
available)
Sai Midididdi

7. Mailing address (if
different) N/A☐
100 Civic Plaza, Dublin, CA 94568

8. Email Address [email protected] 9. Phone
Number
925-833-6630

10. Send allocation
instructions to (if
different from
above):

N/A

11.Project Title Citywide Bicycle and Pedestrian Improvements, CIP No. ST0517

12.Amount requested $286,445 13.Fiscal Year of
Claim
2024-25

14.Description of Overall Project:

15.Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
This project provides for the planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City of Dublin. This project will provide for the phased construction of the Regional Street MidBlock Crosswalk and Amador Valley Boulevard Pedestrian Improvements and may be constructed with other CIP projects where there is opportunity.

For Regional Street Mid-Block Crossing, a crosswalk will be installed with bulbouts on Regional Street between Dublin Boulevard and Amador Valley Boulevard. This project is one of the high-priority improvements identified in the Downtown Dublin Streetscape Plan and Dublin’s Bicycle and Pedestrian plan. The project will improve pedestrian visibility, safety, and access to various commercial destinations along Regional Street.

For the Amador Valley Boulevard Improvements, the existing sidewalk along Amador Valley Boulevard from west of the Iron Horse Regional Trail to Stagecoach Road will be replaced with a wider sidewalk (curb and gutter), updated curb ramps, and high visibility pedestrian crossing.
330
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 5 of 11

16.Project Location: A map of the project location is attached or a link to an online map of the project location is provided below:

Project Relation to Regional Policies (for information only)

17.Is the project in an Equity Priority Community? Yes☐ No☒

18.Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☒ No☐
(Only Regional Street Mid-Block Crossing is in a PDA and TOC)

19.Project Budget and Schedule
Project
Phase
TDA 3 Other Funds Total Cost Estimated Completion
(month/year)
Bike/Ped
Plan
ENV
PA&ED
PS&E
ROW
CON 286,445 899,555 1,186,000 December 2024
Total Cost 286,445 899,555 1,186,000
331
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 6 of 11 Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐
If “YES,” identify the date and provide a copy or link to the agenda.

If "NO," provide an explanation).

Date of BPAC Meeting: May 9, 2024.

Agenda: May 9, 2024 BPAC Meeting Agenda
B. Has the project been approved by the claimant's governing body? Yes☒ No☐ If "NO," provide expected date:__________________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒ (If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐
pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐
Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐ Cite the basis for the exemption. __________________________ N/A☒
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year):

December 2024
G. Have provisions been made by the claimant to maintain the project or Yes☒ No☐ facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☒ No☐ If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here: https://mtc.ca.gov/planning/transportation/completestreets 332
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337
Date: June 26, 2013
W.I.: 1514
Referred By: PAC
Revised: 02/24/16-C
12/16/20-C

ABSTRACT
Resolution No. 4108, Revised
This resolution establishes policies and procedures for the submission of claims for Article 3 funding for pedestrian and bicycle facilities as required by the Transportation Development Act in Public Utilities Code (PUC) Section 99401.(a). Funding for pedestrian and bicycle projects is established by PUC Section 99233.3.

This resolution supersedes MTC Resolution No. 875, Revised commencing with the FY2014-15 funding cycle.

This resolution was revised on February 24, 2016 to make pedestrian safety education projects eligible for funding, in accordance with recent state law changes.

This resolution was revised on December 16, 2020 to add quick builds and separated bikeways as eligible project types and make other minor updates.

Further discussion of these procedures and criteria are contained in the Programming and Allocations Summary Sheet dated June 12, 2013 February 10, 2016, and December 9, 2020.

Attachment 2
338
Date: June 26, 2013
W.I.: 1514
Referred By: PAC
RE: Transportation Development Act, Article 3. Pedestrian and Bicycle Projects.

METROPOLITAN TRANSPORTATION COMMISS ION
RESOLUTION NO. 4108
WHEREAS, the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 ç ,requires the Transportation Planning Agency to adopt rules and regulations delineating procedures for the submission of claims for funding for pedestrian and bicycle facilities (Article 3, PUC Section 99233.3); state criteria by which the claims will be analyzed and evaluated (PUC Section 9940 1(a); and to prepare a priority list for funding the construction of pedestrian and bicycle facilities (PUC Section 99234(b)); and WHEREAS, the Metropolitan Transportation Commission (MTC), as the Transportation Planning Agency for the San Francisco Bay Region, adopted MTC Resolution No. 875 entitled ‘Transportation Development Act, Article 3, Pedestrian/Bicycle Projects’, that delineates procedures and criteria for submission of claims for Article 3 funding for pedestrian and bicycle facilities; and
WHEREAS, MTC desires to update these procedures and criteria commencing with the FY20 14-15 funding cycle, now therefore be it
RESOLVED, that MTC adopts its policies and procedures for TDA funding for pedestrian and bicycle facilities described in Attachment A ; and be it further RESOLVED, that the prior policy governing allocation of funds contained in Resolution No. 875 is superseded by this resolution, effective with the FY 20 14-15 funding cycle.

METROPOLITAN TRANSPORTATION COMMISSION
JLtj
Amy Rein W th, Chair
The above resolution was approved by the
Metropolitan Transportation Commission
at a regular meeting of the Commission heldin Oakland, California, on June 26, 2013. 339
Date: June 26, 2013
W.I.: 1514
Referred By: PAC
Revised: 02/24/16-C 12/16/20-C
Attachment A
Resolution No. 4108

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TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3,

PEDESTRIAN/BICYCLE PROJECTS
Policies and Procedures
Eligible Claimants
The Transportation Development Act (TDA), Public Utilities Code Sections 99233.3 and 99234, makes funds available in the nine-county Metropolitan Transportation Commission (MTC) Region for the exclusive use of pedestrian and bicycle projects. MTC makes annual allocations of TDA Article 3 funds to eligible claimants after review of applications submitted by county coordinator which may be the county, County Transportation Agency (CTA) or Congestion Management Agency (CMA) of the county.

All cities and counties in the nine counties in the MTC region are eligible to claim funds under TDA Article 3. Joint powers agencies composed of cities and/or counties are also eligible provided their JPA agreement allows it to claim TDA funds.

Application

1. The county coordinator will be responsible for developing a program of projects not more than annually, which they initiate by contacting the county and all cities and joint powers agencies within their jurisdiction and encouraging submission of project applications.

2. Claimants will send one or more copies of project applications to the county coordinator (see "Priority Setting" below).

3. A project is eligible for funding if:
a. The project sponsor submits a resolution of its governing board that addresses the following six points:

1. There are no legal impediments regarding the project.

2. Jurisdictional or agency staffing resources are adequate to complete the project.

3. There is no pending or threatened litigation that might adversely affect the project or the ability of the project sponsor to carry out the project.

4. Environmental and right-of-way issues have been reviewed and found to be in such a state that fund obligation deadlines will not be jeopardized.

5. Adequate local funding is available to complete the project. 340
Attachment A
Resolution No. 4108

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6. The project has been conceptually reviewed to the point that all contingent issues have been considered.
b. The funding requested is for one or more of the following purposes:

1. Construction and/or engineering of a bicycle or pedestrian capital or quick build projects.

2. Maintenance of a Class I shared-use path and Class IV separated bikeways.

3. Bicycle and/or pedestrian safety education program (no more than 5% of county total).

4. Development of a comprehensive bicycle or pedestrian facilities plans (allocations to a claimant for this purpose may not be made more than once every five years).

5. Restriping Class II bicycle lanes and buffered bicycle lanes.

Refer to Appendix A for examples of eligible projects.
c. The claimant is eligible to claim TDA Article 3 funds under Sections 99233.3 or 99234 of the Public Utilities Code.
d. If it is a Class I, II, III, or IV bikeway project, it must meet the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual (Available via Caltrans website); or if it is a pedestrian facility, it must meet the mandatory minimum safety design criteria published in Chapter 100 of the California Highway Design Manual. Funds may not be used for Class III projects on arterials or streets with posted speed limits above 25 mph. e. The project is ready to implement and can be completed within the three-year eligibility period.
f. If the project includes construction, that it meets the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.) and project sponsor submits an environmental document that has been stamped by the County Clerk within the past three years.
g. A jurisdiction agrees to maintain the facility. If the project is a quick build project, the jurisdiction agrees to maintain the project until permanent improvements are implemented. If the project is removed before such time, justification shall be provided to MTC.
h. The project is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.
341
Attachment A
Resolution No. 4108

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Priority Setting

1. The county coordinator shall create a process for establishing project priorities in order to prepare an annual list of projects being recommended for funding.

2. Each county and city is required to have a Bicycle and Pedestrian Advisory Committee (BPAC) or equivalent body review and prioritize TDA Article 3 bicycle and pedestrian projects and to participate in the development and review of comprehensive bicycle pedestrian, or active transportation plans. BPACs should be composed of both bicyclists and pedestrians.

A city BPAC shall be composed of at least 3 members who live or work in the city. More members may be added as desired. They will be appointed by the City Council. The City or Town Manager will designate staff to provide administrative and technical support to the Committee.

An agency can apply to MTC for exemption from the city BPAC requirement if they can demonstrate that the countywide BPAC provides for expanded city representation.

A countywide BPAC shall be composed of at least 5 members who live or work in the county. More members may be added as desired. The countywide agency will appoint BPAC members. The county or congestion management agency executive/administrator will designate staff to provide administration and technical support to the Committee.

3. All proposed projects shall be submitted to the county coordinator for evaluation/prioritization. Consistent with the county process, the Board of the county coordinator will adopt the countywide list and forward it to MTC for approval.

4. The county coordinator will forward to MTC a copy of the following:
a) Applications for the recommended projects, including a governing body resolution, stamped environmental document, and map for each, as well as a cover letter stating the total amount of money being claimed; and confirmation that each project meets Caltrans’ minimum safety design criteria and can be completed before the allocation expires.
b) The complete priority list of projects with an electronic version to facilitate grant processing.
c) A resolution of the county coordinator approving the priority list and authorizing the claim.
342
Attachment A
Resolution No. 4108

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MTC Staff Evaluation
MTC Staff will review the list of projects submitted by each county. If a recommended project is eligible for funding, falls within the overall TDA Article 3 fund estimate level for that county, and has a completed application, staff will recommend that funds be allocated to the project.

Allocation
The Commission will approve the allocation of funds for the recommended projects. The County Auditor will be notified by allocation instructions to reserve funds for the approved projects. Claimants will be sent copies of the allocation instructions and funds should be invoiced in accordance with the “Disbursement” section below.

Eligible Expenditures
Eligible expenditures may be incurred from the start of the fiscal year of award plus two additional fiscal years. Allocations expire at the end of third fiscal year following allocation.

For example, if funds are allocated to a project in October 2021, a claimant may be reimbursed for eligible expenses that were incurred on or after July 1, 2021. The allocation expires on June 30, 2024 and all eligible expenses must be incurred before this date. All disbursement requests should be submitted by August 31, 2024.

Disbursement

1. The claimant shall submit to MTC the following, no later than two months after the grant expiration date:
a) A copy of the allocation instructions along with a dated cover letter referring to the project by name, dollar amount and allocation instruction number and the request for a disbursement of funds;
b) Documents showing that costs have been incurred during the period of time covered by the allocation.
c) With the final invoice, the claimant shall submit a one paragraph summary of work completed with the allocated funds. This information may be included in the cover letter identified in bullet “a” above and is required before final disbursement is made.

Reimbursement requests should be emailed to [email protected].

2. MTC will approve the disbursement and, if the disbursement request was received in a timely fashion and the allocation instruction has not expired, been totally drawn down nor been rescinded, issue an authorization to the County Auditor to disburse funds to the claimant.
343
Attachment A
Resolution No. 4108

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Rescissions and Expired Allocations
Funds will be allocated to claimants for specific projects, so transfers of funds to other projects sponsored by the same claimant may not be made. If a claimant has to abandon a project or cannot complete it within the time allowed, it should ask the county or congestion management agency to request that MTC rescind the allocation. Rescission requests may be submitted to and acted upon by MTC at any time during the year. Rescinded funds will be returned to the county’s apportionment.

Allocations that expire without being fully disbursed will be disencumbered in the fiscal year following expiration. The funds will be returned to county’s apportionment and will be available for allocation.

Fiscal Audit
All claimants that have received a disbursement of TDA funds are required to submit an annual certified fiscal and compliance audit for that fiscal year to MTC and to the Secretary of Business and Transportation Agency within 180 days after the close of the fiscal year, in accordance with PUC Section 99245. Article 3 applicants need not file a fiscal audit if TDA funds were not disbursed (that is, reimbursed by MTC) during a given fiscal year. Reimbursement may cover eligible expenditures from a previous fiscal year. Failure to submit the required audit for any TDA article will preclude MTC from making a new Article 3 allocation. For example, a delinquent Article 4.5 fiscal audit will delay any other TDA allocation to the city/county with an outstanding audit. Until the audit requirement is met, no new Article 3 allocations will be made.

TDA Article 3 funds may be used to pay for the fiscal audit required for this funding. 344
Attachment A
Resolution No. 4108

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Appendix A: Examples of Eligible Projects
Below are some examples of eligible projects. If you have questions about whether a proposed project is eligible for funding, please contact the MTC Program Coordinator.

1. Projects that eliminate or improve an identified problem area (specific safety hazards such as high-traffic narrow roadways or barriers to travel) on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use. For example, restriping or parking removal to provide space for bicycles; a bicycle/pedestrian bridge across a stream or railroad tracks on an otherwise useful route; a segment of multi-purpose path to divert young bicyclists from a high traffic arterial; a multi-purpose path to provide safe access to a school or other activity center; replacement of substandard grates or culverts; adjustment of traffic-actuated signals to make them bicycle sensitive. Projects based on NACTO (National Association of City Transportation Officials) guidance or similar best practices guidance.

2. Roadway improvements or construction of a continuous interconnected route to provide reasonably direct access to activity centers (employment, educational, cultural, recreational) where access did not previously exist or was hazardous. For example, development of multi-purpose paths on continuous rights-of-way with few intersections (such as abandoned railroad rights-of-way) which lead to activity centers; an appropriate combination of shared-use paths (Class I), bike lanes (Class II), Class III, or separated bikeways (Class IV)

3. Secure bicycle parking facilities, especially in high use activity areas, at transit terminals, and at park-and-ride lots. Desirable facilities include lockers, sheltered and guarded checkin areas; self-locking sheltered racks that eliminate the need to carry a chain and racks that accept U-shaped locks.

4. Other provisions that facilitate bicycle/transit trips and walk/transit. For example, bike racks on buses, paratransit/trailer combinations, and bicycle loan or check-in facilities at transit terminals, bus stop improvements, wayfinding signage.

5. Maintenance of multiple purpose pathways that are closed to motorized traffic or for the purposes of restriping Class II bicycle lanes (provided that the total amount for Class II bicycle lane restriping does not exceed twenty percent of the county’s total TDA Article 3 allocation).

6. Funds may be used for construction and plans, specification, and estimates (PS&E) phases of work. Funds may be used for quick build projects. Quick build projects are interim capital improvements that are built with durable, low to moderate cost material to immediately address pedestrian and bicycle needs until capital upgrades are possible.

Project level environmental, planning, and right-of-way phases are not eligible uses of funds.
345
Attachment A
Resolution No. 4108

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7. Projects that enhance or encourage bicycle or pedestrian commutes, including Safe Routes to Schools projects.

8. Projects that address bicycle and pedestrian safety such as those in the Local Roadway Safety Manual. Intersection safety improvements including protected intersections, bulbouts/curb extensions, transit stop extensions, installation of pedestrian countdown or accessible pedestrian signals, or pedestrian signal timing adjustments. Striping highvisibility crosswalks or advanced stop-back lines, where warranted.

9. Purchase and installation of pedestrian traffic control devices, such as High-intensity Activated crossWalK (HAWK) beacons, rectangular rapid flashing beacons (RRFB), or pedestrian safety “refuge” islands, where warranted.

10. The project may be part of a larger roadway improvement project as long as the funds are used only for the bicycle and/or pedestrian component of the larger project.

11. Bicycle and Pedestrian Safety Education Programs. Up to five percent of a county's Article 3 fund may be expended to supplement monies from other sources to fund public bicycle and pedestrian safety education programs and staffing.

12. Comprehensive Bicycle and Pedestrian Facilities Plan. Funds may be allocated for these plans (emphasis should be for accommodation of bicycle and walking commuters rather than recreational uses). A city or county may not receive allocations for these plans more than once every five years. Environmental documentation and approval necessary for plan adoption is an eligible expense.
346
Number ST0517 Program STREETS
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

YEARS TOTALS
9100 $66,995 $64,185 $30,160 $30,160 $191,5009200 $659,402 $398,948 $222,350 $302,350 $1,583,050 9400 $1,636,757 $1,145,899 $390,988 $390,988 $3,564,632 9500 $768 $29,190 $9,730 $9,730 $49,418
$2,363,921 $1,638,223 $653,228 $733,228 $5,388,600
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

YEARS TOTALS
1001 $387,008 $365,992 $105,000 $105,000 $963,000
2203 $192,683 $17,317 $210,000
2204 $509,900 $100 $510,0002205 $142,900 $142,900
Transportation Development Act
Miscellaneous
TOTAL
General FundMeasure B Sales Tax - Local Streets Fund

FUNDING SOURCE
Measure B Sales Tax - Bike & Pedestrian Fund
Contract ServicesImprovements

CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS

ESTIMATED COSTS
Salaries & Benefits
2022-2027 CAPITAL IMPROVEMENT PROGRAM

PROJECT DESCRIPTION
This project includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City, including pedestrian/bicycle bridges. This project includes design and construction of improvements recommended in the Bicycle and Pedestrian Plan.

The project includes an update to the ADA Transition Plan. The plan update will include a review of City buildings, parks, and rights-of-way. The ADA Transition Plan update will be funded by General Fund. It is anticipated that the ADA Transition Plan update will be completed in 2023.

An update of the Bicycle and Pedestrian Plan was adopted by City Council on January 10, 2023. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works
Attachment 3
347
PRIOR
YEARS
2022-2023
BUDGET 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE

FUNDING SOURCE YEARS TOTALS
2214 $911,600 $280,000 $280,000 $280,000 $1,751,6002215 $219,830 $113,814 $268,228 $348,228 $950,1002212 $726,000 $726,0002217 $135,000 $135,000 $2,363,921 $1,638,223 $653,228 $733,228 $5,388,600

ANNUAL OPERATING IMPACT
Measure BB Grants
TOTAL
Measure BB Sales Tax - Local Streets FundMeasure BB Sales Tax - Bike & Pedestrian Fund Vehicle Registration Fee
348

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.4
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Contract Instructor Services Agreements with Squad Estates dba Skyhawks Tri-Valley East Bay and Akshay Arora dba Arora Tennis and Fitness Prepared by: Brian Spiller, Recreation Coordinator
EXECUTIVE SUMMARY:

The City Council will consider approving Contract Instructor Services Agreements with Squad Estates dba Skyhawks Tri-Valley East Bay and Akshay Arora dba Arora Tennis and Fitness for Recreation Services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services; and adopt the Resolution Approving a Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness for Recreation Services.

FINANCIAL IMPACT:

Under the proposed agreement with Squad Estates dba Skyhawks Tri-Valley East Bay, the City retains 40% of fee revenue, and the remaining is passed through to the contractor. Under the proposed agreement with Akshay Arora dba Arora Tennis, the City retains 30% of fee revenue from private and semi-private tennis lessons and 40% from group lessons, and the remaining 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, participant minimums and maximums, and participant age ranges. All contractors set their prices and schedules for activities or programs.
349

Page 2 of 2 ends

Squad Estates dba Skyhawks Tri-Valley East Bay and Akshay Arora dba Arora Tennis have submitted proposals to provide classes and programs for terms beginning July 1, 2024 and ending on June 30, 2026. Both contractors have provided services to the City of Dublin for several years, and Staff has received positive feedback from participants regarding their activities.

As the pass-through payments to the contractors 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 Squad Estates dba Skyhawks Tri-Valley East Bay for Recreation Services
2) Exhibit A to the Resolution – Contract Instructor Services Agreement with Squad Estates dba Skyhawks Tri-Valley East Bay
3) Resolution Approving a Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness for Recreation Services
4) Exhibit A to the Resolution – Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness
350
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH SQUAD

ESTATES DBA SKYHAWKS TRI-VALLEY EAST BAY 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 a proposal from Squad Estates dba Skyhawks Tri-Valley East Bay to provide sport classes and camps through the City of Dublin; and WHEREAS, Staff has negotiated terms with Squad Estates dba Skyhawks Tri-Valley East Bay for an agreement that will begin on July 1, 2024, and end on June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Contract Instructor Services Agreement with Squad Estates dba Skyhawks TriValley East Bay for Recreation Services.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and approve payments over $45,000 for the term of the Agreement, 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.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
351

AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
1st day
of July, 2024 by and between the City of Dublin, a municipal corporation of the State of California ("City") and Squad Estates DBA Skyhawks Tri Valley a sole proprietorship in the State of California (collectively, the In consideration of their mutual covenants, the Parties hereto agree as follows:

1. Scope of Work. The Parties acknowledge that Contractor possesses experience and knowledge of value to the City and, as such, enter into this Agreement for specialized services. Subject to [SEE FOR DESCRIPTION OF SERVICES]

2. Performance of Services. Contractor has the right and power to control how the Services provided under this Agreement will be performed by the Contractor and its employees, agents, or representatives. Contractor shall direct the means, manner, and method by which the Services under this Agreement will be performed, without interference from the City as to the mode of accomplishing or effectuating the performance of Services. Contractor may, at its own expense, retain the services of thirdparties in performing the Services under this Agreement, unless doing so would result in a material breach of any provision contained herein.

3. Payment Terms. For the services described in Section 1 above, the City agrees to pay Contractor 60% of the resident rate of onsite courses for each participant, or, 70% of the resident rate of offsite/virtual courses for each participant, which amount shall include all expenses. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this field is expected). Contractor understands that any time a participant requests a refund or credit, that understands and agrees that Contractor will complete and submit a Contract Contractor Course Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the altered from time to time at the discretion. City, at its sole discretion, will accept or reject proposal and collaborate with Contractor in finalizing a session schedule. When each session schedule is finalized, the City will produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set forth in full.

At the end of each session, the City shall pay Contractor for services rendered. The City will issue payment to Contractor within 30 business days after services are complete. Prior to City processing payment, Contractor shall submit course attendance sheets and completed evaluation forms, if applicable, to the Parks and Community Services Department within five working days upon completion of service.

4. Location of Work. Due to the nature of work and subject to the terms and conditions of this Agreement, the City and Contractor agree that Contractor will provide services and/or class instruction (check all that apply):

Offsite: At his/her/their own facility, located off-premises from any City-owned facility located at . (Street, City, Zip Code)
Onsite: At a City-owned facility.

Other: Virtual . (Please Describe)
Attachment 2
352

5. Expenses. Except as otherwise specified in this Agreement or mutually agreed upon by the Parties, the Contractor shall be responsible for all the necessary costs and expenses incurred in connection with the performance of the Services under this Agreement. This may include, but is not limited to, supplies, software, subscriptions, working spaces, equipment, operating costs, business costs, licenses, registrations, employment costs, taxes, Social Security contributions / payments, disability insurance, unemployment taxes, and any other cost that is made in connection with the Services provided Contractor.

6. Term.

Agreement, shall be effective as of July 1st 2024 th 2026.

7. Termination. This Agreement may be terminated by either Party upon sixty (60) days of prior written notice, or as mutually agreed upon in writing by both Parties. At the time of termination, Contractor agrees to return all the City property in possession including, but not limited to, any documents, materials, and other proprietary information belonging to the City, in both physical and electronic form. The City shall issue a final payment to Contractor for all Services provided and due as of the date of termination.

If either Party materially breaches any term of this Agreement, in addition to any other remedies at law or equity, the other Party may terminate the Agreement if such breach is not cured within ten (10) days after written notice of such breach is given.

In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of City, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, City at any time may terminate the engagement of the Contractor immediately and without written notice to the Contractor.

By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.

8. Relationship of Parties. It is understood by the Parties that, under the code of the Internal Revenue Service (IRS) and applicable law, the Contractor is an independent contractor with respect to the City. Therefore, the Parties agree and acknowledge that neither the Contractor, or any of its employees, subcontractors, volunteers, or agents (collectively, employed by the City. Furthermore, at all times during the term of this Agreement, the Contractor and its Representatives shall have no authority, express or implied, to bind the City to any obligation whatsoever.

Notwithstanding any other state or federal law to the contrary, the Contractor and its Representatives shall not qualify for, or become entitled to any compensation, benefit, except as specified in this Agreement, or any incident of employment with the City. In its capacity as an independent contractor, Contractor agrees and represents that:
(i) Contractor has the right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed;
(ii) Contractor maintains all necessary licenses, registrations, permits, and certifications required to perform the Services under this Agreement;
(iii) Contractor sets its own hours and maintains a business location that is separate from the business or work location of the City;
(iv) Contractor is customarily engaged in an independently established business providing the same or similar services as provided by this Agreement; (v) Contractor has the ability to contract with other businesses to provide the same or similar services as provided by this Agreement, without restriction from the City; (vi) Contractor holds itself out to the public as available to provide the same or similar services; (vii) Contractor provides its own tools, equipment, software, programs, and any other supplies necessary to perform the Services;
(viii) Contractor can negotiate its own rates;
(ix) Contractor has the right to hire assistants, retain subcontractors, or utilize employees to provide the services required under this Agreement;
Attachment 2
353
(x) Contractor shall be solely responsible for the payment of payroll taxes and any unemployment compensation on behalf of their employees and personnel; (xi) Contractor shall be responsible for providing all compensation insurance on behalf of their employees and, if Contractor hires employees to perform any work under this required by law.

By initialing below, Contractor agrees and acknowledges that Contractor has reviewed the enumerated list contained in Section 8. Contractor further agrees and acknowledges that everything listed in subsections (i) through (xi) above is true and accurate.

Initial

9. Non-Exclusivity. It is contemplated that the relationship between the Contractor and the City shall be a non-exclusive one. Contractor has the right and ability to perform services for other business entities, organizations, and/or individuals, without restriction from the City, except where matters may arise as to confidentiality and conflicts of interest.

10. Indemnification. Contractor will defend and indemnify the City and its officers, directors, managers, employees, agents, and
deductibles, selfother liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, limitation, Claims related to sexual abuse or molestation, and Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of the City and its Affiliates.

11. Insurance. Where necessary to perform the Services under this Agreement, Contractor, at its sole cost and expense, shall procure and maintain for the duration of the Agreement the types and amounts of insurance listed below against claims for injuries 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 Contractor and its Representatives. Contractor will obtain and maintain policies of commercial general liability insurance and automobile liability insurance, and compensation insurance and/or sexual abuse and molestation liability insurance, if applicable, from an insurance company authorized to transact the business of insurance in the State of California. The insurance requirements are as follows:
(i) Commercial General Liability: Insurance plan, at least as broad as Insurance including property damage, bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than $1,000,000 per occurrence. (ii) Automobile Liability: Contractor shall maintain a current and valid Automobile Insurance Policy at or above the minimum level required by the State of California for any and all vehicles used to perform the Services under this Agreement. (iii) Insurance as required by the State of California, with $1,000,000 per accident for bodily injury or disease.
compensation insurance is applicable if Contractor has employees other than self.

If Contractor does not have employees other than self, Contractor shall submit a (iv) Sexual Abuse or Molestation (SAM) Liability: If the Commercial General Liability policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence.

Attachment 2
354
The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A-:VII. The City of Dublin and its elected officials, officers, employees, agents, and volunteers must be named as additional insureds on commercial general liability insurance, automobile liability insurance, and sexual abuse or molestation liability insurance, if applicable.
insurance with respect to City and its elected officials, officers, employees, agents, and volunteers.

The insurance policies must include a waiver of all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy insurance, if applicable). Any insurance or self-insurance maintained by the City will be in excess of Contractor will furnish certificates of insurance
This Agreement is expressly
contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall The City reserves the right to modify these
requirements, and reserves the right to require complete copies of all required insurance policies at any time.

12. Nondiscrimination and Equal Opportunity. The Parties shall not discriminate, on the basis of a 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 employee, applicant for employment, subcontractor, bidder for a subcontract, or applicant for any services or programs provided under this Agreement.

13. Mandated Reporting. Contractor recognizes and acknowledges that persons under the age of 18 may participate in classes/activities to be conducted by Contractor pursuant to this Agreement. Contractor further recognizes and acknowledges that if any person under the age of 18 does, in fact, participate in said classes/activities, then Contractor is deemed to be a pursuant to the California Child Abuse and Neglect Reporting Act (Penal Code §§ 11164-11174.3) Concurrently with the execution of this Agreement and pursuant to Penal Code section 11166.5, Contractor has been provided with, and has executed, an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes, which acknowledgement shall be maintained by the City during the term of this Agreement.

If the Contractor has employees, subcontractors, volunteers, and agents, and those employees, subcontractors, volunteers, and agents will come into contact with minors on a regular basis, those employees must also follow the Mandated Reporter requirements. Contractors who have employees will be required to execute an Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during the term of this Agreement.

14. TB Test Requirements. If the Services include contact with minors, Contractor shall produce a certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the Contractor has been examined and has been found to be free of communicable tuberculosis (TB). If the Contractor has employees, those employees must also follow the TB requirements set forth in this Agreement. Contractors who have employees, subcontractors, volunteers, and agents will be required to execute an Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during the term of this Agreement.

Attachment 2
355

15. Fingerprint Requirements. If class/program is open to youth under the age of 18 years, Contractor and any of its employees, subcontractors, volunteers, and agents of the Contractor employees, subcontractors, volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of Justice and Contractor has been notified by a Parks & Community Services Department representative.

16. Transporting Participants. Contractor or any of its employees, subcontractors, volunteers, and agents shall not transport any participant in his/her own vehicle. Transportation is the responsibility of the program participant.

17. Mutual Representations and Warranties. Both the City and Contractor represent and warrant that each Party has full power, authority and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement.

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

19. Notice. Any notice or other communication given or made to either Party under this Agreement shall be in writing and delivered by hand, sent by certified or registered mail, return receipt requested, to the addresses provided below or to another address as that Party may subsequently designate by notice, and shall be deemed given on the date of delivery.

City
Linda Smith
City Manager
100 Civic Plaza
Dublin CA 94568
(925) 833-6650
Contractor
Sergio Parra - Squad Estates
DBA Skyhawks Tri Valley East Bay
1222 136th Avenue
San Leandro CA 94578
(925) 339-6859

20. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

21. Disputes. All disputes arising out of this agreement shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. The dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.

22. Governing Law and Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action will 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. The laws of the State of California will govern this Agreement.

23. Integration and Amendments. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral as of the Effective Date. The Parties may amend this Agreement if mutually agreed upon in writing.

SIGNATURES ON THE FOLLOWING PAGE
Attachment 2
356
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the Effective Date.

CITY OF DUBLIN: CONTRACTOR:

BY: ____________________________________ BY: ____________________________________

SIGNATURE SIGNATURE
____________________________________ ____________________________________ NAME NAME DATE: __________________________________ DATE: _________________________________ 3629050.1 Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
Attachment 2
357

EXHIBIT A
Skyhawks Sports Academy is a franchise youth sports organization that offers nationwide programs for ages 4 14 years old. Skyhawks Tri Valley East Bay provides programming in the Tri Valley focusing on the basics and fundamentals of specific sports including: basketball, lacrosse, soccer, golf, track and field, flag football, baseball, and multi-sport classes and camps year round. Classes are taught by coaches who have been trained by professional sport grade curriculums and all programming welcomes players of all skill levels, including beginners and those looking to fine tune their current skills. During Spring and Fall seasons, Skyhawks also offers basketball and soccer clinics in Dublin. All equipment and class materials are provided by Skyhawks so that participants can simply arrive to class ready to engage in fun.

Attachment 2
358
Attachment 3
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH AKSHAY

ARORA DBA ARORA TENNIS AND FITNESS 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 a proposal from Akshay Arora dba Arora Tennis and Fitness to provide tennis classes and private and semi-private lessons through the City of Dublin; and
WHEREAS, Staff has negotiated terms with Akshay Arora dba Arora Tennis and Fitness for an agreement that will begin on July 1, 2024, and end on June 30, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Contract Instructor Services Agreement with Akshay Arora dba Arora Tennis and Fitness for Recreation Services.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and approve payments over $45,000 for the term of the Agreement, attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
359

AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
1 st day
of July 2024 by and between the City of Dublin, a municipal corporation of the State of California ("City"), and Akshay Arora DBA Arora Tennis and Fitness a sole proprietor in the State of California (collectively, the In consideration of their mutual covenants, the Parties hereto agree as follows:

3. Payment Terms. For the services described in Section 1 above, the City agrees to pay the Contractor 70% of the resident rate for each private and semi-private lesson participant, and 60% of the resident rate for each group lesson participant, which amount shall include all expenses. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this field is expected). Contractor understands that any time a participant requests a refund or Contractor understands and agrees that Contractor will complete and submit a Contract Contractor Course Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the course, program or activity will be added to the public recreation offerings. Session dates may be altered from time to time at the discretion. City, at its sole discretion, will accept or reject proposal and collaborate with Contractor in finalizing a session schedule. When each session schedule is finalized, the City will produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set forth in full.

Offsite: At his/her/their own facility, located off-premises from any City-owned facility located at . (Street, City, Zip Code)
X Onsite: At a City-owned facility.

Other: . (Please Describe)
Attachment 4
360

6. Term.

Agreement, shall be effective as of 7/1/2024 6/30/2026.

8. Relationship of Parties. It is understood by the Parties that, under the code of the Internal Revenue Service (IRS) and applicable law, the Contractor is an independent contractor with respect to the City. Therefore, the Parties agree and acknowledge that neither the Contractor, or any of its employees, subcontractors, volunteers, or agents (collectively, are employed by the City. Furthermore, at all times during the term of this Agreement, the Contractor and its Representatives shall have no authority, express or implied, to bind the City to any obligation whatsoever.

Notwithstanding any other state or federal law to the contrary, the Contractor and its Representatives shall not qualify for, or become entitled to any compensation, benefit, except as specified in this Agreement, or any incident of employment with the City. In its capacity as an independent contractor, Contractor agrees and represents that:
(i) Contractor has the right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed;
(ii) Contractor maintains all necessary licenses, registrations, permits, and certifications required to perform the Services under this Agreement;
(iii) Contractor sets its own hours and maintains a business location that is separate from the business or work location of the City;
(iv) Contractor is customarily engaged in an independently established business providing the same or similar services as provided by this Agreement; (v) Contractor has the ability to contract with other businesses to provide the same or similar services as provided by this Agreement, without restriction from the City; (vi) Contractor holds itself out to the public as available to provide the same or similar services; (vii) Contractor provides its own tools, equipment, software, programs, and any other supplies necessary to perform the Services;
(viii) Contractor can negotiate its own rates;
(ix) Contractor has the right to hire assistants, retain subcontractors, or utilize employees to provide the services required under this Agreement;
Attachment 4
361
(x) Contractor shall be solely responsible for the payment of payroll taxes and any unemployment compensation on behalf of their employees and personnel; (xi) Contractor shall be responsible for providing all compensation insurance on behalf of their employees and, if Contractor hires employees to perform any work under this required by law.

Initial

10. Indemnification. Contractor will defend and indemnify the City and its officers, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mecha other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, connected to this
limitation, Claims related to sexual abuse or molestation, and Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of the City and its Affiliates.

11. Insurance. Where necessary to perform the Services under this Agreement, Contractor, at its sole cost and expense, shall procure and maintain for the duration of the Agreement the types and amounts of insurance listed below against claims for injuries 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 Contractor and its Representatives. Contractor will obtain and maintain policies of commercial general liability insurance and automobile liability insurance, and compensation insurance and/or sexual abuse and molestation liability insurance, if applicable, from an insurance company authorized to transact the business of insurance in the State of California. The insurance requirements are as follows:
(i) Commercial General Liability: Insurance plan, at least as broad as Insurance Services damage, bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than $1,000,000 per occurrence.
(ii) Automobile Liability: Contractor shall maintain a current and valid Automobile Insurance Policy at or above the minimum level required by the State of California for any and all vehicles used to perform the Services under this Agreement. (iii) Compensation: Insurance as required by the State of California, with per accident for bodily injury or disease.
applicable if Contractor has employees other than self. If Contractor does not have employees other than self, Contractor shall submit a completed Employees Declaration (iv) Sexual Abuse or Molestation (SAM) Liability: If the Commercial General Liability policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence.

Attachment 4
362
The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A-:VII. The City of Dublin and its elected officials, officers, employees, agents, and volunteers must be named as additional insureds on commercial general liability insurance, automobile liability insurance, and sexual abuse or molestation liability insurance, if applicable. insurance coverage will be primary insurance with respect to City and its elected officials, officers, employees, agents, and volunteers. The insurance policies must include a waiver of all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Contractor for the City (including compensation insurance, if applicable). Any insurance or self-insurance maintained by the City will be in excess of insurance and not contributory with it. Contractor will furnish certificates of insurance and endorsements to City prior to execution of this Agreement. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the C The City reserves the right to modify these requirements, and reserves the right to require complete copies of all required insurance policies at any time.

12. Nondiscrimination and Equal Opportunity. The Parties shall not discriminate, on the basis of a 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 against any employee, applicant for employment, subcontractor, bidder for a subcontract, or applicant for any services or programs provided under this Agreement.

13. Mandated Reporting. Contractor recognizes and acknowledges that persons under the age of 18 may participate in classes/activities to be conducted by Contractor pursuant to this Agreement. Contractor further recognizes and acknowledges that if any person under the age of 18 Act (Penal Code §§ 11164-
Concurrently with the execution of this Agreement and pursuant to Penal Code section 11166.5, Contractor has been provided with, and has executed, an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes, which acknowledgement shall be maintained by the City during the term of this Agreement.

15. Fingerprint Requirements. If class/program is open to youth under the age of 18 years, Contractor and any of its employees, subcontractors, volunteers, and agents of the Contractor agrees to fulfill all fingerprint/background checks prior to the first class. Contractor and the Cont Attachment 4
363
employees, subcontractors, volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of Justice and Contractor has been notified by a Parks & Community Services Department representative.

SIGNATURES ON THE FOLLOWING PAGE
City
Linda Smith
City Manager
100 Civic Plaza
Dublin, CA 94568
(925) 833-6650
Contractor
Akshay Arora
Arora Tennis and Fitness
4408 Healdsburg Way
Dublin, CA 94568
(925) 699-7794
Attachment 4
364
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the Effective Date.

CITY OF DUBLIN: CONTRACTOR:

BY: BY:

SIGNATURE SIGNATURE

NAME NAME
DATE: __________________________________ DATE: _________________________________ 3629050.1 Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
Attachment 4
365

EXHIBIT A
[Description of Services]
Arora Tennis and Fitness is a year-round tennis program in the East Bay, partnering with the Cities of Dublin, San Ramon, Livermore, and the Town of Danville. Arora Tennis offers private and semi-private lessons and group lesson instruction for toddlers, elementary youth, teens, and adults. Players as young as 4 years old can join the Tiny Tots Program and advance through youth classes for ages 7-12 years, which include Mighty Aces, Junior Stars, and Grand Slammers. Youth and teen players can also advance through tournament training and high-performance classes for ages 7 18 years old. Semi-private and private lessons are available with United States Tennis Association (USTA) certified coaches, including one-on-one private lessons or four-on-one semi-private lessons.

Certified through the United States Professional Tennis Association (USPTA). With over 15 years of experience teaching tennis, he previously served as a director of Tennis Clubs in Livermore and Tracy. All Arora Tennis coaches possess a strong tennis background, having competed in USTA junior and adult competitions and maintaining their USTA ranking status.

Attachment 4
366

STAFF REPORT

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Agenda Item 5.5
DATE: June 4, 2024
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 2024-25 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 2024-25 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 2024-25 by Senate Bill 1, the Road Repair and Accountability Act of 2017.

FINANCIAL IMPACT:

The City is projected to receive $1,899,234 in funding from the Road Maintenance and Rehabilitation Account in Fiscal Year 2024-25. This is in addition to the state gas tax funds the City receives annually, which is anticipated to be $2,015,285 in Fiscal Year 2024-25. 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 that address deferred maintenance on the state highway and local street and road system through increased fuel taxes. 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 367

Page 2 of 4 ends

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

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 368

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calculated as $1,229,320, and for Fiscal Years 2024-25 through 2028-29, 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 2024-25, Staff recommends that the City Council approve the project list to include the following:
 Annual Street Resurfacing (CIP No. ST0117) for FY 2024-25 RMRA funding: $2,350,000
This project provides for a variety of pavement surface treatments and repairs to existing City streets. The project is budgeted annually to help maintain the significant investment the City has in the street system. Project locations vary each year; in Fiscal Year 2024-25, the project will provide a slurry seal to collector and residential streets in Dublin Ranch including: Antone Way, Applegate Court, Applegate Way, Blackstone Road, Castleton Court, Castleton Lane, Cedar Crest Terrace, Colebrook Court, Colebrook Lane, Cranbrook Place, Crestridge Terrace, Ferncroft Court, Ferncroft Way, Groveland Lane, Hartland Court, Hartland Lane, Longmeadow Place, N Bridgepoint Lane, N Dublin Ranch Road, N Forestdale Circle, Oakbluff Lane, Oakhurst Court, Oakhurst Way, Rams Gate Court, S Bridgepoint Lane, S Dublin Ranch Road, S Forestdale Circle, Saddlebrook Place, Sugarloaf Court, Woodshire Lane, Hobstone Place, Milbridge Court, Penwood Lane, Penwood Place, Woodvale Terrace, Ledgewood Terrace, Round Hill Drive, Positano Parkway, Newfields Lane, Calcagno Court, Campanille Court, Croak Road, N Terracina Drive, Porcellano Way, S Terracina Drive, Tramont Drive, Travertino Street, Vasari Street, Viento Court, Volterra Court, and Volterra Drive.

Additional projects in the Annual Street Resurfacing project include a cape seal project on Dublin Boulevard, west of Silvergate Drive, and an overlay project on John Monego Court and Dublin Boulevard between Myrtle Drive and John Monego Court.

Construction is anticipated to begin in summer 2024 and be complete in fall/winter 2024.

Surface treatments and repairs completed with this project will have a useful life of between seven and 20 years.
 Citywide Bicycle and Pedestrian Improvements (CIP No. ST0517) for FY 2024-25 RMRA Funding: $355,000
This project includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City. Project locations vary each year; in Fiscal Year 2024-25, the project will provide the construction of Rectangular Rapid Flashing Beacons, curb ramp improvements, and minor civil improvements at Amador Valley Boulevard/Burton Street, Central Parkway/Aspen Street, and Grafton Street/Antone Way. This project will also provide a traffic signal modification to the intersection of Central Parkway/Hibernia Drive as well as curb ramp improvements and other civil improvements at that intersection.

Construction is anticipated to begin in summer 2024 and be complete in fall/winter 2024.

Rectangular Rapid Flashing Beacons and signal modification completed with this project will 369

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have a useful life of approximately 20 years.
 Citywide Signal Communications Upgrade (CIP No. ST0713) for FY 2024-25 RMRA Funding: $40,000
This project provides for the continued upgrade of the citywide traffic signal communications system, including expansion of the traffic communication network, which will improve traffic signal operations and safety. In Fiscal Year 2024-25, the project will provide for installation of new 144-strand fiber optic cables along Dublin Boulevard between Sierra Court and San Ramon Road and between Hacienda Drive and Tassajara Road. The fiber optic cable will provide higher bandwidth and connect 13 signalized intersections to the traffic management center. The project will also include updating the vehicle detection at the intersections to make ready for adaptive signal control.

The preconstruction phase is anticipated to begin in winter 2024 with construction starting in summer 2025 and is dependent on the relocation of existing infrastructure in the Dublin Arts Center, which is currently under construction. The useful life of improvements varies based on the upgrades and the expansion components, which are expected to have a minimum useful life of approximately 10 years.

In addition to the submittal of a project list, SB 1 also requires the City to submit an annual report to the California Transportation Commission updating the status of projects for which RMRA funds were expended. Dublin’s next expenditure report is due on December 1, 2024.

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 2024-25 by Senate Bill 1, the Road Repair and Accountability Act of 2017
370
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 06/042024 Page 1 of 3 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
ADOPTING A LIST OF PROJECTS FUNDED IN FISCAL YEAR 2024-25 BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of 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 $1,899,234 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth 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.
371
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 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 2024-25 with Road Maintenance and Rehabilitation Account revenues:

Project Title: Annual Street Resurfacing (CIP No. ST0117) for Fiscal Year 2024-25 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 in Dublin Ranch including: Antone Way, Applegate Court, Applegate Way, Blackstone Road, Castleton Court, Castleton Lane, Cedar Crest Terrace, Colebrook Court, Colebrook Lane, Cranbrook Place, Crestridge Terrace, Ferncroft Court, Ferncroft Way, Groveland Lane, Hartland Court, Hartland Lane, Longmeadow Place, N Bridgepoint Lane, N Dublin Ranch Road, N Forestdale Circle, Oakbluff Lane, Oakhurst Court, Oakhurst Way, Rams Gate Court, S Bridgepoint Lane, S Dublin Ranch Road, S Forestdale Circle, Saddlebrook Place, Sugarloaf Court, Woodshire Lane, Hobstone Place, Milbridge Court, Penwood Lane, Penwood Place, Woodvale Terrace, Ledgewood Terrace, Round Hill Drive, Positano Parkway, Newfields Lane, Calcagno Court, Campanille Court, Croak Road, N Terracina Drive, Porcellano Way, S Terracina Drive, Tramont Drive, Travertino Street, Vasari Street, Viento Court, Volterra Court, and Volterra Drive.

Additional projects in the Annual Street Resurfacing project (CIP No. ST0117) include a cape seal project on Dublin Boulevard, west of Silvergate Drive, and an overlay project on John Monego Court and Dublin Boulevard between Myrtle Drive and John Monego Court.

Estimated Project Schedule: Construction starts summer 2024 – completion fall/winter 2024.

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.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the following project to be funded in Fiscal Year 2024-25 with Road Maintenance and Rehabilitation Account revenues:

Project Title: Citywide Bicycle and Pedestrian Improvements (CIP No. ST0517) for Fiscal Year 2024-25
Project Description: This project includes planning, design, and construction of improvements to various pedestrian and bicycle facilities throughout the City. This Fiscal Year’s project includes the construction of Rectangular Rapid Flashing Beacons, curb ramp improvements, minor civil improvements, and traffic signal modifications.

Project Location: The Rectangular Rapid Flashing Beacons will be installed at Amador Valley Boulevard/Burton Street, Central Parkway/Aspen Street, and Grafton Street/Antone Way. The traffic signal modification is located at Central Parkway/Hibernia Drive. 372
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 3 of 3 Estimated Project Schedule: Construction starts summer 2024 – completion fall/winter 2024.

Estimated Project Useful Life: Rectangular Rapid Flashing Beacons and the traffic signal modification will have a useful life of approximately 20 years.

Project Title: Citywide Signal Communications Upgrade (CIP No. ST0713) Project Description: This project provides for the continued upgrade of the citywide traffic signal communications system, including expansion of the traffic communication network, which will improve traffic signal operations and safety. In Fiscal Year 2024-25, the project will provide for installation of new 144-strand fiber optic cables along Dublin Boulevard between Sierra Court and San Ramon Road and between Hacienda Drive and Tassajara Road. The fiber optic cable will provide higher bandwidth and connect 13 signalized intersections to the traffic management center. The project will also include updating the vehicle detection at the intersections to make ready for adaptive signal control.

Project Location: On Dublin Boulevard between San Ramon Road and Sierra Court and between Hacienda Drive and Tassajara Road.

Estimated Project Schedule: Preconstruction starts winter 2024 – completion spring 2025; construction starts summer 2025 – fall/winter 2025.

Estimated Project Useful Life: The useful life of improvements varies based on the upgrades needed and the expansion components, which are expected to have a minimum useful life of approximately 10 years.

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
373

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Page 1 of 2 ends

Agenda Item 5.6
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Notice of Review of Conflict of Interest Code
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if it needs amending. The City Council is the code reviewing body for City agencies, and the City Council must direct Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2024, if there is a need to amend it.

STAFF RECOMMENDATION:

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

FINANCIAL IMPACT:

None.

DESCRIPTION:

The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or if the Code needs amending. The last biennial revision to the City’s Code was approved on November 1, 2022.

The City Council is the code reviewing body for City agencies, and as such, must notify Staff to review the City’s Conflict of Interest Code (Attachment 2) and make a determination by October 1, 2024, if there is a need to amend the Code. (California Government Code §§ 82011(c), 87306.5, included as Attachment 1).

This Staff Report serves as the City Council’s notice to the City Attorney to consult with Staff and determine, by October 1, 2024, if there is a need to update the City’s Code. If, after consultation with Staff, the City Attorney determines that no changes need to be made, the City shall submit a written statement to that effect to the City Council no later than October 1. If a notice is filed by 374

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October 1, 2024 indicating an amendment is necessary, the amendment must be heard and approved by the City Council within 90 days. The City’s amended Code will not be effective until it has been approved by the City Council.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) California Government Code Sections 82011 and 87306.5 2) Dublin Municipal Code Chapter 2.24
375
State of California

GOVERNMENT CODE
Section 82011
82011. “Code reviewing body” means all of the following:
(a) The commission, with respect to the conflict of interest code of a state agency other than an agency in the judicial branch of government, or any local government agency with jurisdiction in more than one county.
(b) The board of supervisors, with respect to the conflict of interest code of any county agency other than the board of supervisors, or any agency of the judicial branch of government, and of any local government agency, other than a city agency, with jurisdiction wholly within the county.
(c) The city council, with respect to the conflict of interest code of any city agency other than the city council.
(d) The Attorney General, with respect to the conflict of interest code of the commission.
(e) The Chief Justice of California or the Chief Justice’s designee, with respect to the conflict of interest code of the members of the Judicial Council, Commission on Judicial Performance, and Board of Governors of the State Bar of California. (f) The Board of Governors of the State Bar of California with respect to the conflict of interest code of the State Bar of California.
(g) The Chief Justice of California, the administrative presiding judges of the courts of appeal, and the presiding judges of superior courts, or their designees, with respect to the conflict of interest code of any agency of the judicial branch of government subject to the immediate administrative supervision of that court. (h) The Judicial Council of California, with respect to the conflict of interest code of any state agency within the judicial branch of government not included under subdivisions (e), (f), and (g).
(Amended by Stats. 2021, Ch. 50, Sec. 134. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9. )

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Attachment 1
376
State of California

GOVERNMENT CODE
Section 87306.5
87306.5. (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
377
Chapter 2.24

CONFLICT OF INTEREST CODE
Sections:

2.24.010 Purpose.

2.24.015 Incorporation of model code.

2.24.020 Designated positions.

2.24.030 Disclosure statements.

2.24.010 Purpose.

Pursuant to the provisions of Government Code Section 87300, et seq., the following provisions constitute the conflict of interest code for the city of Dublin. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of this code are additional to Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest. (Ord. 14-16 § 1 (part))

2.24.015 Incorporation of model code.

The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it, duly adopted by the Fair Political Practices Commission, are hereby incorporated herein by reference. (Ord. 14-16 § 1 (part))

2.24.020 Designated positions.

For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this conflict of interest code as full disclosure is required by Government Code Section 87200 et seq.

The positions listed in this section are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official.

Designated Position
Disclosure
Category
Administrative
Services Director 3
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.

Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 1 of 5 Attachment 2
378
Assistant City
Attorney 1
Assistant City
Manager 1
Assistant to the City
Manager 1
Assistant Director of
Administrative
Services 3
Assistant Director of
Community
Development 1
Assistant Director of
Parks and
Community Services 2, 3
Assistant Public
Works Director/City
Engineer 1
Associate Civil
Engineer 1
Capital Improvement
Program (CIP)
Manager 1
Chief Building
Official 1
Chief Information
Security Officer 1
City Clerk 3
City Clerk/Records
Manager 3
Code Enforcement
Officer 1
Communications
Manager 1
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.

Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 2 of 5 379
Community
Development
Director 1
“Consultant”* as
defined in FPPC
Reg. sect. 18700.3 1
Deputy City Clerk 3
Economic
Development
Director 1
Environmental
Coordinator 1
Environmental
Sustainability
Manager 1
Finance Analyst 1
Heritage and
Cultural Arts
Manager 1
Housing Specialist 1
Human Resources
Director 3
Human Resources
Manager 3
Information Services
Manager 3
Management
Analyst II 3
Parks and
Community Services
Director 1
Plan Check
Engineer 1
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.

Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 3 of 5 380
Planning Manager 1
Principal Planner 1
Public Works
Director/Assistant
City Engineer 1
Public Works
Manager 1
Public Works
Transportation and
Operations Manager 1
Recreation Manager 3
Recreation
Supervisor 2, 3
Senior Civil
Engineer 1
Senior Code
Enforcement Officer 1
Senior Management
Analyst 3
Senior Planner 1
Special Projects
Manager 1
Senior Public Works
Inspector 1
Designated Boards
and Commissions
Disclosure
Category
Human Services
Commission 1
Heritage and
Cultural Arts
Commission 1
Parks and
Community Services
The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.

Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 4 of 5 381
Commission 1
* Consultants/new positions shall be included in the list of designated employees and shall disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation:

The City Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Section 81008.)
(Ord. 11-22 § 1; Ord. 3-21 § 1; Ord. 16-20 § 1; Ord. 9-18 § 1; Ord. 14-16 § 1 (part))

2.24.030 Disclosure statements.

Designated positions shall be assigned to one (1) or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements disclosing that employee’s or officer’s interests in investments, real property, income and positions of management designated as reportable under the category to which the employee’s or officer’s position is assigned at the time, place and in the manner as hereinafter provided.

A. Disclosure Category 1. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city; and investments and business positions in business entities, and income, including loans, gifts, and travel payments.

B. Disclosure Category 2. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city.

C. Disclosure Category 3. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the city. (Ord. 14-16 § 1 (part)) The Dublin Municipal Code is current through Ordinance 1-24, passed March 5, 2024.

Dublin Municipal Code Chapter 2.24 CONFLICT OF INTEREST CODE Page 5 of 5 382

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Agenda Item 5.7
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Grant of Easement to PG&E for Electric Facilities on Dublin Sports Grounds Property
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider granting an easement to Pacific Gas and Electric Company (PG&E) over new electrical lines and a transformer serving the new electric vehicle charging stations on the Dublin Sports Grounds property at 6700 Dublin Boulevard, Assessor’s Parcel No. 941-1400- 002-13.

STAFF RECOMMENDATION:

Adopt the Resolution Granting an Easement to Pacific Gas and Electric Company for Electric Facilities Purposes Over a Portion of Assessor’s Parcel Number 941-1400-002-13.

FINANCIAL IMPACT:

There is no impact to the General Fund to effectuate the grant of easement. All costs associated with preparing and reviewing the documents, legal description and plat map are charged to the Citywide Energy Improvements Project, CIP No. GI0121, as this easement is required for the installation of one of the items for the project.

DESCRIPTION:

The construction of the new electric vehicle (EV) charging stations (five Level 2 EV chargers and two direct current (DC) fast chargers) as a part of the Citywide Energy Improvements Project, CIP No. GI0121, necessitated the installation of new electric service, a transformer, and associated facilities from the existing electrical meter along Dublin Boulevard onto the City-owned Dublin Sports Grounds property. Electric service is provided by Pacific Gas and Electric Company (PG&E), who requires an easement over their electric facilities.

Staff recommends granting a new easement to PG&E over the new electric facilities, as depicted in 383

Page 2 of 2 ends

Figure 1 and described in the legal description and plat map attached to the proposed Easement Deed.

Figure 1: Proposed easement over new electric facilities STRATEGIC PLAN INITIATIVE:

Strategy 3: Infrastructure Maintenance and Reinvestment Objective E: Continue to implement measures identified in the Climate Action Plan.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Granting an Easement to Pacific Gas and Electric Company for Electric Facilities Purposes Over a Portion of Assessor’s Parcel Number 941-1400-002-13 2) Exhibit A to Resolution – Easement Deed
384
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 06/04/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

GRANTING AN EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY FOR ELECTRIC FACILITIES PURPOSES OVER A PORTION OF ASSESSOR’S PARCEL NUMBER 941-1400- 002-13
WHEREAS, the City of Dublin owns the property located at 6700 Dublin Boulevard, Assessor’s Parcel Number 941-1400-002-13, (“Property”); and WHEREAS, new improvements were constructed as a part of the Citywide Energy Improvements Project, CIP No. GI0121, which require new electric service and a transformer; and WHEREAS, Pacific Gas and Electric Company (“PG&E”) requires an easement over electric service and transformer facilities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin grants an easement to PG&E over a portion of the Property.

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

PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
385
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc______________________
Recording Fee $_____________________________
Document Transfer Tax $ __________
[ ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD#2303-01-10020 EASEMENT DEED
THE CITY OF DUBLIN, a political subdivision of the State of California, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, related to the electric service and transformer facilities, on and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Dublin, County of Alameda, State of California, described as follows:
(APN 941-1400-002-13)
The parcel of land conveyed by the Dublin San Ramon Services District and others to the City of Dublin by quitclaim deed recorded July 1, 1988 as document No. 1988-158847, Alameda County Records.

The easement area is described as follows:

The strip of land described in EXHIBIT “A” and shown on EXHIBIT “B” attached hereto and made a part hereof.

Upon notification to Grantor, Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee and after notification to the Grantor may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.

Attachment 2
386
Utility Distribution Easement (02/2020)
Upon notification to Grantor, Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

CITY OF DUBLIN, a political subdivision of the
State of California,
______________________________________
Name:_________________________________
Title:_________________________________
387
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
388

Page 1 of 3 ends

EXHIBIT “A”

LEGAL DESCRIPTION FOR PG&E EASEMENTS
Being a portion of Parcel 1, in the City of Dublin, County of Alameda, State of California, as per Quitclaim Deed recorded July 1, 1988 as Instrument No. 1988-158847, Official Records of said County, described as follows:

Strip 1
A strip of land 7.00 feet in width, lying 3.50 feet on each side of the following described centerline:

Commencing at the westerly terminus of the line bearing North 72°43’54” West and the beginning of a tangent curve concave southeasterly, having a radius of 12.00 feet, being the southerly right-of-way of Dublin Boulevard (33.00 foot southerly half-width); Thence along the said southerly right-of-way of Dublin Boulevard South 72°43’54” East, a distance of 30.29 feet;
Thence South 17°56’04” West, a distance of 2.37 feet to the True Point of Beginning; Thence South 17°56’04” West, a distance of 8.58 feet to a point hereinafter referred to as Point “A” and the Point of Ending.

Sidelines of said strip of land shall be prolonged or shortened as to terminate on the southerly right-of-way of Dublin Boulevard and at a line perpendicular to the Point of Ending.

Land described herein contains 60 square feet.

Strip 2
A strip of land 12.40 feet in width, lying 6.20 feet on each side of the following described centerline:

Commencing at the hereinabove described Point “A”;
Thence South 66°17’57” East, a distance of 2.19 feet to the True Point of Beginning; Thence South 23°42’03” West, a distance of 12.48 feet to a point hereinafter referred to as Point “B”;
389

Page 2 of 3 ends

Thence continuing South 23°42’03” West, a distance of 9.72 feet to the Point of Ending.

Sidelines of said strip of land shall be prolonged or shortened as to terminate at a line perpendicular to the Point of Beginning and at a line perpendicular to the Point of Ending.

Land described herein contains 275 square feet.

Strip 3
A strip of land 5.00 feet in width, lying 2.50 feet on each side of the following described centerline:

Commencing at the hereinabove described Point “B”;
Thence North 65°43’34” West, a distance of 6.20 feet to the beginning of a non-tangent curve concave southeasterly, having a radius of 5.00 feet, to which a radial line bears North 19°02’31” West, and also being the True Point of Beginning; Thence southwesterly along said non-tangent curve through a central angle of 46°41’03”, an arc distance of 4.07 feet;
Thence South 24°16’26” West, a distance of 60.44 feet to a point hereinafter referred to as Point “C” and the Point of Ending.

Sidelines of said strip of land shall be prolonged or shortened as to terminate at a line perpendicular to the Point of Beginning and at a line perpendicular to the Point of Ending.

Excepting therefore any portion lying within Strip 2.

Land described herein contains 316 square feet.

Strip 4
A strip of land 20.00 feet in width, lying 10.00 feet on each side of the following described centerline:

Commencing at the hereinabove described Point “C”;
Thence South 66°04’31” East, a distance of 5.74 feet to the True Point of Beginning; Thence South 23°55’29” West, a distance of 13.50 feet to the Point of Ending. 390

Page 3 of 3 ends

Sidelines of said strip of land shall be prolonged or shortened as to terminate at a line perpendicular to the Point of Beginning and at a line perpendicular to the Point of Ending.

Land described herein contains 270 square feet.

See Exhibit “B” attached hereto and by this reference made a part hereof.

Prepared by me or under my supervision:
__________________________________
David W. Krommenhoek, PLS 9455
10-6-2023
391
EXHIBIT "B"
I ) ,_ I r;:;,---, il , ,
,
,
,
,---- /
I -- � . I -....._.._ / -. -..J.. ........
1 t:_ v N12--:
--
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/ 5 �-
1 � & 226_4,•
4 3'.54•:;; --
--
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-- -- -- -- 80, ou
I
8l. IN ----
I
--------��tt� l:-:i 1 ,,::::: L FOUND MON PER 1Nsr.
-- -- -- �o
�--- Nl;z-4 , P.0.C. 1988-158847 AT THE J
--
< 3 54 "w -----, INTERSECT/ON OF THE MONUMENT UN£ --

60. Sa· I MON. LINES FOR DUBLIN
APN:
941-1400-023-02

CITY OF DUBLIN
100 CIVIC PLAZA
1 BL vV. AND SIERRA CT. -, I ' ', I / T.P.0.B. METER. EXISTING ✓
,------ FAC/UTIES JOIN NEW
PT. A L2----,'' / STRIP 1 FACIUTIES
--------------- J 5' '
P.O.C. STRIP 2 ',�
_I-.P.!Q!.�, L4-.,:----�, l.o·
STRIP 3 , ''".:- ---✓ ', �
-- ::-..-:---- T.P.O.B.
' < " --------- ', , (jl ,� STRIP 2 ' I ,,
' "'-- I c," I ) RIGHT OF WA y (TYP.)
L7 1 -' - -- /o ,, ,, __ �L._!3_________ PORTION RANCHO 1 �P.O.C. STRIP 3 SAN RAMON
5 0
, ':;( '
6 �
TOWNSHIP 3 SOUTH,
�'l:; '-...: 7 ·<' RANGE 1 WEST I <. < MOUNT DIABLO MERIDIAN STRIP CENT£111JNE: (T'IP.) �
EASEMfNT BOUNDARY {TYP.) �!:Jj
\ /
APN:941-1400-002-13

CITY OF DUBLIN
6700 DUBLIN BLVD
SCALE: /" =20'

LINE TABLE
f ��:s-rn1i5_4 __ \ !J:lj;
7 ' 1 --;--L10 0.o, 1 - --;
✓
- T.P.0.B. LINE# DIRECTION LENGTH , -�.:=.--;--s=mrP-4 A)w;/ / L1 S72"43'54"E 30.29' BASIS OF BEARINGS

THE BEARING
N72.43'54"W ALONG

DUBLIN BL VD AS
SHOWN ON RS 253
BK 6 PGS 68-72

70.o, �-�- --=--
L2 N1T26'26"E 2.37'
� �AREAINDICATES AREA DESCRIBED IN EXHIBIT 'A'
= 922 SQUARE FEET
INST. = INSTRUMENT
MON. = MONUMENT
P.O.C. = POINT OF COMMENCEMENT
T.P.O.8. = TRUE POINT OF BEGINNING
CURVE#
C1

CURVE TABLE

DELTA LENGTH RADIUS
46"41'03" 4.07' 5.00'
L3
L4
L5
L6
L7
L8
L9
L10
L11
S1T26'26"W 8.58'
s55·17'57"E 2.19'
S23"42'03"W 12.48'
N23"42'03"E 9.72'
N6s·43'34"w 6.20'
N19·02•31"W RAD.

S24.16'26"W 60.44'
s55·04' 31 "E 5.74'
S23"55'29"W 13.50'
Iii
�
�
!
::==::::::::�;::::::=====:;;:::::::::::=:==�======�===================:1� WJ� SC'AI..E: 1·=20· DATE: 10-s-23 SKETCH TO ACCOMPANY ,- 13191 CROSSROADS PARKWAY NORTH. SUITE 405
INDUSIBY LEG'"L D£SCR/PT/ON ffi .1. CA, 91748-3497 DRAWN BY: see CHECKED BY: DK t"\ # 1 ::, (58:t) 908-8200 ..._ ____________ ____. 1J
392
Administrative Block
Attach to LD# 2303-01-10020
Location: Area 2, Mission Division
Land Service Office: Concord
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: 23.03.01.01.01 Rancho San Ramon
FERC License Number(s): N/A
PG&E Drawing Number(s): N/A
PLAT NO. I1310, I1406
LD of any affected documents: N/A
LD of any Cross-referenced documents:

TYPE OF INTEREST: Utility Easement (86) Electric Underground Easements (86) Communication Easement (6)
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
Order# 35343005 or PM#: OPS: 3200
JCN: N/A
County: Alameda
Utility Notice Numbers: N/A
851 Approval Application No. N/A Decision N/A
Prepared By: C7WR
Checked By: A5SZ
(This page must be recorded with document)
393

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.8
DATE: June 4, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreements for On-Call Vehicle Maintenance and Repair Services with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles
Prepared by: Raelyn Miranda, Administrative Aide
EXECUTIVE SUMMARY:

The City Council will consider approving agreements for on-call vehicle maintenance and repair services for Dublin Police Services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Agreements for On-Call Vehicle Maintenance and Repair Services with Big O Tires, Dublin Chevrolet, Livermore Auto Group, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles.

FINANCIAL IMPACT:

The cost of these services will be covered by the adopted budget for Dublin Police Services.

DESCRIPTION:

Dublin Police Services has current three-year agreements with the listed vendors providing vehicle maintenance and repair of emergency vehicles on an as-needed basis. These agreements will expire on June 30, 2024.

Based on historical costs and known increases to labor costs, Staff proposes to renew the threeyear agreements with the following vendors and compensation limits:
394

Page 2 of 2 ends

On-Call Vehicle Maintenance and Repair Services
Vendor Current Compensation
Limit
Proposed Compensation
Limit
Big O Tires $60,000 $59,000
Dublin Chevrolet $90,000 $100,000
Livermore Auto Group $225,000 $165,000
European Mobile Werks $121,980 $95,000
Stoneridge Chrysler Jeep Dodge Ram $90,000 $95,000
Pro Cycles $36,000 $50,000
While these purchases above $45,000 require City Council approval, the City can waive the competitive bidding process per Municipal Code Section 2.36.100 (4): “When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost.” Staff deemed these vendors sole-source providers, as the maintenance and repair of emergency equipment is technical in nature and requires consistency with safety standards.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving Agreements for On-Call Vehicle Maintenance and Repair Services with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles
2) Exhibit A to the Resolution – Contractor Services Agreements Between the City of Dublin and Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram, and Pro Cycles
395
Attachment 1
Reso. No. XX-24 Item X.X, Adopted XX/XX/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AGREEMENTS FOR ON-CALL VEHICLE MAINTENANCE AND REPAIR

SERVICES WITH BIG O TIRES, DUBLIN CHEVROLET, LIVERMORE AUTO GROUP,

EUROPEAN MOBILE WERKS, STONERIDGE CHRYSLER JEEP DODGE RAM, AND PRO CYCLES
WHEREAS, Dublin Police Services utilizes vehicles and equipment in the normal course of business that requires maintenance and repair on an as-needed basis; and WHEREAS, the City desires to renew current agreements with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram and Pro Cycles each for a not-to-exceed amount based on historical costs over a three-year term for on-call vehicle maintenance and repair services beginning July 1, 2024 through June 30, 2027; and
WHEREAS, the City’s Municipal Code Section 2.36.100 (4) provides an exception to competitive bidding “When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost”; and WHEREAS, the City has deemed Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram and Pro Cycles sole-source vendors as the maintenance and repair of emergency vehicles is technical in nature and requires consistency with safety standards, due to emergency equipment and need for consistency.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby waive the competitive bidding process and approve the Agreements with Big O Tires, Dublin Chevrolet, Livermore Auto, European Mobile Werks, Stoneridge Chrysler Jeep Dodge Ram and Pro Cycles, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute these Agreements and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
396
Reso. No. XX-24 Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
397
Services Agreement between July 1, 2024
City of Dublin and Big O Tires Store #7 Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND BIG O TIRES STORE #7
THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City of Dublin (“City”) and Big O Tires Store #7 (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (the “Effective Date”).

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

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

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

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

1.5 [Intentionally deleted].

1.6 [Intentionally deleted].

Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s Attachment 2
398
Services Agreement between July 1, 2024
City of Dublin and Big O Tires Store #7 Page 2 of 15
proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $59,000. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
▪ 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 Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
▪ The Contractor’s Signature;
▪ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 399
Services Agreement between July 1, 2024
City of Dublin and Big O Tires Store #7 Page 3 of 15
Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

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

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

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

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

2.6 [Intentionally deleted].

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

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

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

2.10 [Intentionally Deleted].
400
Services Agreement between July 1, 2024
City of Dublin and Big O Tires Store #7 Page 4 of 15
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

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

Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

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

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

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

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

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

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 401
Services Agreement between July 1, 2024
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

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

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

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

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

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

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

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

4.1 Workers’ Compensation.

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

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

4.2 Commercial General and Automobile Liability Insurance.

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

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

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

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

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

4.3 All Policies Requirements.

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

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

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee 404
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satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

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

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 405
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disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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

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

Section 6. STATUS OF CONTRACTOR.

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

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

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 406
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

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

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 407
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8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

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

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

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

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

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

8.6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that 408
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Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

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

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

Section 10. MISCELLANEOUS PROVISIONS.

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

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

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

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

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

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

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

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

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

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

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

Any written notice to City shall be sent to:

Big O Tires Store #7
Attn: Bruce Cherry
7121 Dublin Blvd.

Dublin, CA 94568
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
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10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

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

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

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

SIGNATURES ON FOLLOWING PAGE
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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 Big O Tires Store #7
Linda Smith, City Manager Bruce Cherry, Owner
Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Provide repair, maintenance and equipment installation services for emergency police vehicles. 413
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EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Big O Tires Store #7 will be charging labor at $167.19 an hour. 414
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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

CALIFORNIA AUTOMOTIVE RETAILING GROUP
THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City of Dublin (“City”) and Dublin Automotive Retailing Group (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (the “Effective Date”).

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.5 [Intentionally deleted].

1.6 [Intentionally deleted].
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City of Dublin and Dublin Automotive Retailing Group Page 2 of 15 Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $100,000. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
▪ 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 Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
▪ The Contractor’s Signature;
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City of Dublin and Dublin Automotive Retailing Group Page 3 of 15 ▪ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

2.6 [Intentionally deleted].

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

2.10 [Intentionally Deleted].
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City of Dublin and Dublin Automotive Retailing Group Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

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INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

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

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

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

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
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City of Dublin and Dublin Automotive Retailing Group Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.2 Commercial General and Automobile Liability Insurance.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
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City of Dublin and Dublin Automotive Retailing Group Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

4.3 All Policies Requirements.

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

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee 421
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4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 422
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City of Dublin and Dublin Automotive Retailing Group Page 9 of 15 disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 423
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 424
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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that 425
Services Agreement between July 1, 2024
City of Dublin and Dublin Automotive Retailing Group Page 12 of 15 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

Section 10. MISCELLANEOUS PROVISIONS.

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.
426
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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.

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

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

Any written notice to City shall be sent to:

California Automotive Retailing Group
Attn: Moe Warraich
4400 John Monego Ct
Dublin, CA 94568
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
427
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Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses

SIGNATURES ON FOLLOWING PAGE
428
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City of Dublin and Dublin Automotive Retailing Group Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN Dublin Automotive Retailing Group
Linda Smith, City Manager Moe Warraich, Executive General Manager Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
429
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EXHIBIT A

SCOPE OF SERVICES
Provide repair, maintenance and equipment installation services for emergency police vehicles. 430
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EXHIBIT B

COMPENSATION SCHEDULE & REMIMBURSABLE EXPENSES
Dublin Automotive Retailing Group will be charging labor at $235.00 an hour with 25% markups on parts. 431
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City of Dublin and European Mobile Werks, LLC Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

EUROPEAN MOBILE WERKS, LLC
THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City of Dublin (“City”) and European Mobile Werks, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (the “Effective Date”).

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.5 [Intentionally deleted].

1.6 [Intentionally deleted].
432
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City of Dublin and European Mobile Werks, LLC Page 2 of 15 Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $189,000. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
▪ 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 Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
▪ The Contractor’s Signature;
433
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City of Dublin and European Mobile Werks, LLC Page 3 of 15 ▪ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

2.6 [Intentionally deleted].

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

2.10 [Intentionally Deleted].
434
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City of Dublin and European Mobile Werks, LLC Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE 435
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City of Dublin and European Mobile Werks, LLC Page 5 of 15

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

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

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

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

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
436
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City of Dublin and European Mobile Werks, LLC Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.2 Commercial General and Automobile Liability Insurance.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
437
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City of Dublin and European Mobile Werks, LLC Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

4.3 All Policies Requirements.

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

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee 438
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City of Dublin and European Mobile Werks, LLC Page 8 of 15 satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 439
Services Agreement between July 1, 2024
City of Dublin and European Mobile Werks, LLC Page 9 of 15 disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 440
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 441
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City of Dublin and European Mobile Werks, LLC Page 11 of 15

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

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that 442
Services Agreement between July 1, 2024
City of Dublin and European Mobile Werks, LLC Page 12 of 15 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

Section 10. MISCELLANEOUS PROVISIONS.

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.
443
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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.

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

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

Any written notice to City shall be sent to:

European Mobile Werks, LLC
Attn: Milton Rodriguez
331 N. Sierra Madre St
Mountain House, CA 95391
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
444
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Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses

SIGNATURES ON FOLLOWING PAGE
445
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City of Dublin and European Mobile Werks, LLC Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN European Mobile Werks, LLC
Linda Smith, City Manager Milton Rodriguez, Owner
Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
446
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EXHIBIT A

SCOPE OF SERVICES
Provide mobile repair, maintenance, and equipment installation services for emergency police vehicles. 447
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City of Dublin and European Mobile Werks, LLC Page 2 of 2

EXHIBIT B

COMPENSATION SCHEDULE & REMIMBURSABLE EXPENSES
European Mobile Werks, LLC will be charging labor at $125.00 an hour with 33% markups on parts. 448
Services Agreement between July 1, 2024
City of Dublin and Livermore Auto Group Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND LIVERMORE AUTO GROUP
THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City of Dublin (“City”) and Dublin Automotive Retailing Group (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (the “Effective Date”).

1.5 [Intentionally deleted].

1.6 [Intentionally deleted].

Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s 449
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proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $165,000. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. The Contractor shall submit all invoices to City in the manner specified herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
▪ 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 Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
▪ The Contractor’s Signature;
▪ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 450
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Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

2.6 [Intentionally deleted].

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

2.10 [Intentionally Deleted].
451
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 452
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

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

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

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
453
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The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.2 Commercial General and Automobile Liability Insurance.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
454
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c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

4.3 All Policies Requirements.

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

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee 455
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City of Dublin and Livermore Auto Group Page 8 of 15
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 456
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City of Dublin and Livermore Auto Group Page 9 of 15
disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 457
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City of Dublin and Livermore Auto Group Page 10 of 15

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 458
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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that 459
Services Agreement between July 1, 2024
City of Dublin and Livermore Auto Group Page 12 of 15
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

Section 10. MISCELLANEOUS PROVISIONS.

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.
460
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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.

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

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

Any written notice to City shall be sent to:

Livermore Auto Group
Attn: Nedra Cassarino
4400 John Monego Ct
Dublin, CA 94568
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
461
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City of Dublin and Livermore Auto Group Page 14 of 15

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

SIGNATURES ON FOLLOWING PAGE
462
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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 Livermore Auto Group
Linda Smith, City Manager Nedra Cassarino, Service Manager Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
463
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City of Dublin and Livermore Auto Group Page 1 of 2

EXHIBIT A

SCOPE OF SERVICES
Provide repair, maintenance and equipment installation services for emergency police vehicles. 464
Services Agreement between July 1, 2024
City of Dublin and Livermore Auto Group Page 2 of 2

EXHIBIT B

COMPENSATION SCHEDULE & REMIMBURSABLE EXPENSES
Dublin Automotive Retailing Group will be charging labor at $265.00 an hour with 25% markups on parts. 465
Services Agreement between July 1, 2024
City of Dublin and Pro Cycles, LLC Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
PRO CYCLES, LLC.

THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City of Dublin (“City”) and Pro Cycles, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (the “Effective Date”).

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2027, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.5 [Intentionally deleted].

1.6 [Intentionally deleted].
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Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $50,000. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

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

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

2.6 [Intentionally deleted].

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

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

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE 469
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INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

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

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

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

4.1 Workers’ Compensation.

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

4.2 Commercial General and Automobile Liability Insurance.

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

4.3 All Policies Requirements.

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

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee 472
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satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 473
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disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 474
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 475
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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that 476
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Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

Section 10. MISCELLANEOUS PROVISIONS.

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.
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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.

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

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

Any written notice to City shall be sent to:

Pro Cycles, LLC
Attn: Tim Stanton
6050 Dublin Blvd
Dublin, CA 94568
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
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Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses

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 Pro Cycles, LLC
Linda Smith, City Manager Tim Stanton Owner
Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Provide repair, maintenance and equipment installation services for emergency police vehicles. 481
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EXHIBIT B

COMPENSATION SCHEDULE & REMIMBURSABLE EXPENSES
Pro Cycles will be charging labor at $130.00 an hour with 10% markups on parts for fiscal year 2024-2025, $135.00 an hour with 10% markups on parts for fiscal year 2025-2026 and $140.00 an hour with 10% markups on parts for fiscal year 2026-2027.
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 1 of 15

CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND STONERIDGE CHRYSLER JEEP DODGE RAM THIS AGREEMENT for vehicle maintenance and repair services is made by and between the City of Dublin (“City”) and Stoneridge Chrysler Jeep Dodge Ram (“Contractor”) (together sometimes referred to as the “Parties”) as of July 1, 2024 (the “Effective Date”).

1.5 [Intentionally deleted].

1.6 [Intentionally deleted].

Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor’s 483
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 2 of 15 proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $95,000. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
▪ 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 Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
▪ The Contractor’s Signature;
▪ Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of 484
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 3 of 15 Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.

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

2.6 [Intentionally deleted].

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

2.10 [Intentionally Deleted].
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 4 of 15 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein.

CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 486
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

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

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

4.1 Workers’ Compensation.

4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 6 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.2 Commercial General and Automobile Liability Insurance.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 7 of 15 c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

4.3 All Policies Requirements.

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

4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee 489
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 8 of 15 satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until 490
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 9 of 15 disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

Section 6. STATUS OF CONTRACTOR.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement. 491
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7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

Section 8. TERMINATION AND MODIFICATION.

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

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

In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 492
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8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

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

8.6.1 Immediately terminate the Agreement;

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that 493
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 12 of 15 Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

Section 10. MISCELLANEOUS PROVISIONS.

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.
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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.

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

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

Any written notice to City shall be sent to:

Stoneridge Chrysler Jeep Dodge Ram
Attn: Paul Gilbert
4100 Stevens Creek Blvd.

San Jose, CA 95117
City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568
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Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses

SIGNATURES ON FOLLOWING PAGE
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City of Dublin and Stoneridge Chrysler Jeep Dodge Ram Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN Stoneridge Chrysler Jeep Dodge Ram
Linda Smith, City Manager Paul Gilbert, Fleet Service Manager Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Provide repair, maintenance and equipment installation services for emergency police vehicles. 498
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EXHIBIT B

COMPENSATION SCHEDULE & REMIMBURSABLE EXPENSES
Stoneridge Chrysler Jeep Dodge Ram will be charging labor at $195.00 an hour and parts will be sold at list -20%.
499

STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Dublin City CouncilJune 4, 2024

Dublin City Council
June 4, 2024