(c) Subject to Owner’s right to contest the following charges, Owner’s failure to pay taxes or assessments due on the Property or the Development or failure to pay any other charge that may result in a lien on the Property or the Development, and Owner’s failure to cure such default within thirty (30) days of delinquency;
(d) A default has been declared under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan;
(e) A default arises under the Loan Agreement, the Note, the Deed of Trust or any other City Document (as defined in the Loan Agreement) and remains uncured beyond the expiration of any applicable cure period;
(f) Owner’s default in the performance of any term, provision or covenant under this Agreement (other than an obligation enumerated in this Subsection 9.1), and unless such provision specifies a shorter cure period for such default, the continuation of such default for ten (10) days in the event of a monetary default or thirty (30) days in the event of a non- monetary default following the date upon which City shall have given written notice of the default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within thirty (30) days, Owner’s failure to commence to cure the default within thirty (30) days and thereafter prosecute the curing of such default with due diligence and in good faith, but in no event longer than ninety (90) days from receipt of the notice of default or such longer period of time as City may allow.
The limited partners of Owner shall have the right to cure any default of Owner hereunder upon the same terms and conditions afforded to Owner. Provided that City has been given written notice of the address for delivery of notices to the limited partners, City shall provide any notice of default hereunder to the limited partners concurrently with the provision of such notice to Owner, and as to the limited partners, the cure periods specified herein shall commence upon the date of delivery of such notice in accordance with Subsection 11.3.
9.2 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:
A. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; B. Accelerate and declare the balance of the Note and interest accrued thereon immediately due and payable and proceed with foreclosure under the Deed of Trust;
C. For violations of obligations with respect to rents for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Affordable Rent;
D. Pursue any other remedy allowed at law or in equity.
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 145
Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement.
10. Indemnity. Notwithstanding any other provision in the Loan Agreement or other documents executed in connection with the City Loan, Owner shall indemnify, defend (with counsel approved by City) and hold City and their respective elected and appointed officers, officials, employees, agents, and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Owner’s construction, management, or operation of the Property and the Development or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. It is further agreed that City does not and shall not waive any rights against Owner that it may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or the deposit with City by Owner, of any of the insurance policies described in this Agreement or the Loan Agreement.
The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement.
11. Miscellaneous.
11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties.
11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 146
(iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service;
(iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
Owner: Sunflower Grace, L.P.
c/o Satellite Affordable Housing Associates
1835 Alcatraz Avenue
Berkeley, CA 94703
Attention: Chief Executive Officer
With a copy to Owner’s investor limited partner:
11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.
11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.
11.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
11.7 Non-Liability of City Officials, Officers, Directors, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 147
Agreement. No director, officer, employee or agent of the Owner shall be personally liable to the City or any successor in interest, in the event of any default or breach by the Owner, or for any amount of money which may become due to the City or its successor or for any obligation of the Owner under this Agreement.
11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.
11.9 Time is of the Essence. Time is of the essence in the performance of this Agreement.
11.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law.
11.11 Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
11.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
11.13 Entire Agreement. This Agreement, together with the Loan Agreement, the Note and the Deed of Trust contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto.
11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGES.
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 148
IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.
CITY
City of Dublin, a municipal corporation
By: _______________________
City Manager
Attest:
_______________________
City Clerk
Approved as to form:
__________________
City Attorney
SIGNATURES MUST BE NOTARIZED
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 149
DEVELOPER
Sunflower Grace, L.P.,
a California limited partnership
By: Sunflower Grace MGP LLC,
a California limited liability company,
its Managing General Partner
By: Satellite Affordable Housing Associates,
a California nonprofit public benefit corporation,
its member/manager
By:
Susan Friedland,
Chief Executive Officer
By: Sunflower Grace AGP LLC,
a California limited liability company,
its Administrative General Partner
By: Sunflower Hill,
a California nonprofit public benefit corporation,
its member/manager
By: _________________________
Janeen Rubino-Brumm
President – Board of Directors
SIGNATURES MUST BE NOTARIZED.
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 150
State of California )
)
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
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.
Signature
(seal)
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.
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 151
Exhibit A
PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
The legal description of the property will be provided to the City after the site has been donated and the legal description of the property has been finalized.
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 145F7FB3-AE51-4E6E-BFA9-5F52397FFD75 152
41 EXHIBIT H
CERTIFICATE OF COMPLETION
Attached
Attachment 2
Exhibit A to the Resolution
153
44 EXHIBIT H
CERTIFICATE OF COMPLETION
Recording requested by
and when recorded mail to:
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder’s use.
CERTIFICATE OF COMPLETION
This C ertificate of Completion (this Certificate”) is made by the City of Dublin, a California municipal corporation (“City”), effective as of , 202 .
RECITALS
A. C ity and Sunflower Grace, L.P., a California limited partnership (“Owner”), entered into that certain Affordable Housing Loan Agreement dated as of , 202 (“Loan Agreement”) concerning the development of a sixty (60) unit affordable housing development (the "Development") on certain real property located in the City of Dublin, California and more particularly described in Exhibit A attached hereto (the “Property”). Capitalized terms used herein without definition shall have the meaning ascribed to such terms in the Loan Agreement.
B. P
ursuant to Section 3.13 of the Loan Agreement, the City is required to furnish the Owner or its successors with a Certificate of Completion upon completion of construction and development of the Development in accordance with the Loan Agreement.
C. The City has determined that the construction and development of the Development has been satisfactorily completed in accordance with the Loan Agreement.
NOW, THEREFORE, the City hereby certifies as follows:
1. Construction and development of the Development has been satisfactorily completed in conformance with the Loan Agreement.
Attachment 2
Exhibit A to the Resolution
154
45 2. All use, maintenance and nondiscrimination covenants contained in the Loan Agreement and the City Regulatory Agreement recorded in the Official Records of Alameda County on , 202 as Instrument No. in connection therewith shall remain in effect and enforceable in accordance therewith. This Certificate does not constitute evidence of Owner’s compliance with those covenants in the Loan Agreement or City Regulatory Agreement that survive the issuance of this Certificate.
3. Th
is Certificate does not constitute evidence of compliance with or satisfaction of any obligation of Owner to any holder of a deed of trust securing money loaned to finance the Improvements or any part thereof (except City) and does not constitute a notice of completion under the California Civil Code.
4. Nothing contained in this instrument shall modify any provisions of the Loan Agreement, City Regulatory Agreement or any other document executed in connection therewith.
IN WITNESS WHEREOF, City has executed and issued this Certificate of Completion as of the date first written above.
THE CITY OF DUBLIN
By:
Name:
[Title]
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
SIGNATURE M
UST BE NOTARIZED
Attachment 2
Exhibit A to the Resolution
155
46 State of California )
)
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
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.
Signature
(seal)
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.
Attachment 2
Exhibit A to the Resolution
156
47 Exhibit A
P
ROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
Attachment 2
Exhibit A to the Resolution
The legal description of the property will be provided to the City after the site has been donated and the legal description of the property has been finalized.
157
42 EXHIBIT I
ASSIGNMENT OF ARCHITECTURAL AND ENGINEERING PLANS
Attached
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 089E00CA-8C5D-49E5-98D6-4C6DB354174D 158
135.064/621802
ASSIGNMENT OF ARCHITECTURAL AND ENGINEERING PLANS
S
unflower Grace, L.P., a California limited partnership (“Borrower”) hereby assigns and tr
ansfers all right, title and interest it may have or acquire (the “Assignment”) in and to (i) those certain drawings, plans, specifications, architectural renderings and other documents prepared by ______________________ pursuant to that certain ________________________ between Borrower and _____________________, dated as of _______________________ (the “
Architectural Plans”) and; (ii) thos e certain drawings, plans, specifications, architectural renderings and other docum ents prepared by ______________________ pursuant to that certain ________________________ be
tween Borrower and _____________________, dated as of
____________________________ (the “Engineering Plans”), to T HE CITY OF DUBLIN (
“Lender”), in further consideration for the Affordable Housing Loan Agreement entered into between Borrower and Lender, of even date herewith;
PROVIDED THAT, this Assignment shall become effective upon occurrence of an Event of Default under the Affordable Housing Loan Agreement, Deed of Trust, Promissory Note or any related documents and notice thereof by Lender to Borrower. Failure of Lender to exercise its r
ights pursuant to this Assignment in the event of occurrence of an Event of Default shall not constitute a waiver of such rights.
DATE
D this ___ day of ______________, 2024.
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 089E00CA-8C5D-49E5-98D6-4C6DB354174D 159
135.064/621802
Borrower:
SUNFLOWER GRACE, L.P., a California limited partnership
By: Sunflower Grace MGP LLC,
a California limited liability company,
its Managing General Partner
By: Satellite Affordable Housing Associates,
a California nonprofit public benefit corporation,
its member/manager
By:
Susan Friedland,
Chief Executive Officer
By: Sunflower Grace AGP LLC,
a California limited liability company,
its Administrative General Partner
By: Sunflower Hill,
a California nonprofit public benefit corporation,
its member/manager
By: _________________________
Janeen Rubino-Brumm
President-Board of Directors
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 089E00CA-8C5D-49E5-98D6-4C6DB354174D 160
135.064/621802
ENGINEER CONSENT
The above Assignment is consented to by the undersigned, which further agrees that any and all plans and renderings prepared or furnished by it may be used by Lender.
DATED this ___ day of ________________, 2024.
Contractor: ___________________________
By: ________________________________________
Name: ________________________________________
Its: ________________________________________
ARCHITECT CONSENT
The above Assignment is consented to by the undersigned, which further agrees that any and all plans and architectural renderings prepared or furnished by it may be used by Lender.
DATED this __ day of _______________, 2024.
Architect: _______________________________
By: ________________________________________
Name: ________________________________________
Its: ________________________________________
Attachment 2
Exhibit A to the Resolution
Docusign Envelope ID: 089E00CA-8C5D-49E5-98D6-4C6DB354174D 161
43 EXHIBIT J
CITY INSURANCE REQUIREMENTS
Attached
162
1 CITY INSURANCE REQUIREMENTS
Prior to the closing of the City Affordable Housing Loan, and throughout the term of this Agreement thereafter, Developer shall obtain and maintain, at Developer’s expense, the following policies of insurance.
A. Property Insurance. Insurance for the risks of direct physical loss, with minimum coverage being the perils insured under the standard Causes of Loss - Special form (ISO Form CP 10 30) or its equivalent, covering all improvements, all fixtures, equipment and personal property, located on or in, or constituting a part of, the Property (“Improvements”), in an amount equal to one hundred percent (100%) of the full replacement cost of all such property.
1. The insurance shall:
(a) Cover explosion of steam and pressure boilers and similar apparatus, if any, located on the Property,
(b) Cover floods if the Property is in a Special Hazard Area, as determined by the Federal Emergency Management City or as shown on a National Flood Insurance Program flood map;
2. The insurance required hereunder shall be in amounts sufficient to prevent Developer from becoming a co-insurer under the terms of the applicable policies, with not more than a Twenty-Five Thousand Dollars ($25,000) deductible for perils excluding water losses, and not more than a Fifty Thousand Dollars ($50,000) deductible for water losses (or such higher deductible approved by the City, which approval shall not be unreasonably withheld), from the loss payable for any casualty.
3. The policies of insurance carried in accordance with this Paragraph A shall contain a “replacement cost endorsement” and an “increased cost of construction endorsement.”
B. Liability Insurance. Commercial general liability insurance on an “occurrence basis” covering all claims with respect to injury or damage to persons or property occurring on, in or about the Property and the Improvements. The limits of liability under this Paragraph B shall be not less than Two Million Dollars ($2,000,000) general aggregate limit, with a per occurrence limit of One Million Dollars ($1,000,000), with a deductible no greater than Twenty-Five Thousand Dollars ($25,000) or such higher deductible as may be approved by City, which approval shall not be unreasonably withheld. 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. No endorsement shall be attached limiting the coverage. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. 163
2 1. The insurance shall also include coverage for:
(a) Liability for bodily injury or property damage arising out of the use, by or on behalf of Developer, of any owned, non-owned, leased or hired automotive equipment in the conduct of any and all operations conducted in connection with the Development or the Property. 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.
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. The Insurance shall cover on an occurrence or an accident basis, and not on a claims- made basis.
(b) Premises and operations including, without limitation, bodily injury, personal injury, death or property damage occurring upon, in or about the Property or the Improvements on any elevators or any escalators therein and on, in or about the adjoining sidewalks, streets and passageways;
(c) Environmental liability and indemnification of City therefor; (d) Broad form property damage liability;
(e) Additional insured and primary insured endorsements protecting the City and its respective elected and appointed officials, officers, employees and agents;
(f) Personal injury endorsement.
C. Worker’s Compensation Insurance. Worker’s compensation insurance, in the amount required under then applicable state law, with limits of not less than One Million Dollars per accident ($1,000,000), covering Developer’s employees, if any, at work in or upon the Property or engaged in services or operations in connection with the Development or the Property. Developer shall require that any contract entered into by Developer with regard to work to be undertaken on the Property include a contractual undertaking by the contractor to provide worker’s compensation insurance for its employees in compliance with applicable state law. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the 164
3 entity for all work performed by the Developer, its employees, agents, contractors and subcontractors.
D. Course of Construction Insurance. Course of construction insurance in the same amount as required in Paragraph A above for property insurance, covering all construction activities on the Property.
E. General Insurance Provisions.
1. All policies of insurance provided for in this Exhibit shall be provided under valid and enforceable policies, in such forms and amounts as hereinbefore specified, issued by insurers licensed to do business in the State of California (or approved to do business in California and listed on the California Department of Insurance list of Eligible Surplus Lines Insurers or successor listing) and having a rating of A-VII or better in Best Insurance Guide or, if Best Insurance Guide is no longer in existence, a comparable rating from a comparable rating service. Prior to closing of the City Predevelopment Loan and City Construction/Permanent Loan, and thereafter, not less than thirty (30) days prior to the expiration date of each policy furnished pursuant to this Exhibit, Developer shall deliver to City certificates evidencing the insurance required to be carried by Developer under this Exhibit, and any additional insured endorsements, waivers of subrogation endorsements, and primary insurance endorsements as required by this Exhibit. If requested by City, Developer shall deliver within ten (10) days following such request, certified, complete copies of the insurance policies required hereunder. Insurance policies to be provided hereunder shall meet the following requirements:
2. Each policy of insurance obtained pursuant to this Agreement, other than worker’s compensation insurance, shall contain endorsements which provide:
(a) A waiver by the insurer of the right of subrogation against City, Developer or any tenant of the Development for negligence of any such person,
(b) A statement that the insurance shall not be invalidated should any insured waive in writing prior to the loss any or all right of recovery against any party for loss accruing to the property described in the insurance policy, and
(c) A provision that no act or omission of Developer which would otherwise result in forfeiture or reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained.
(d) By endorsements, City, and its elected and appointed officials, officers, employees and agents shall be named as additional insured under the liability insurance required to be maintained by Developer 165
4 hereunder. City shall be named as loss payee on the property insurance policies required to be maintained hereunder.
3. Each policy required hereunder shall include a Notice of Cancellation or Change in Coverage Endorsement which shall provide that such policy shall not be cancelled or materially changed without at least thirty (30) days’ prior written notice by registered or certified mail to City.
4. All insurance policies shall provide that there shall be no exclusion from coverage for cross liability among the listed insureds.
5. Any certificate of insurance applicable to course of construction insurance to be maintained shall be deposited with City prior to closing of the City Construction/Permanent Loan.
6. Each policy shall contain an endorsement that provides that the insurance applies separately to each insured that is seeking coverage or against whom a claim is made, except with respect to the limits of liability
7. Each policy shall be written as a primary policy not contributing with and not in excess of coverage that City may carry.
8. Each policy shall expressly provide that City shall not be required to give notice of accidents or claims and that City shall have no liability for premiums.
9. No policy required by this Exhibit shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
10. Developer shall include all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated herein.
F. Blanket Policies. Any insurance provided for in this Exhibit may be placed by a policy or policies of blanket insurance; provided, however, that such policy or policies provide that the amount of the total insurance allocated to the Property and the Development shall be such as to furnish protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects any such policy or policies shall comply with the other provisions of this Agreement G. W
aiver of Subrogation. To the extent permitted by law and the policies of insurance required to be maintained hereunder, and without affecting such insurance coverage, City and Developer each waive any right to recover against the other:
1. Damages for injury or death of persons,
2. Damage to property,
166
5 3. Damage to the Property or the Improvements or any part thereof, or
4. Claims arising by reason of any of the foregoing, to the extent that such damages and/or claims are covered (and only to the extent of such coverage) by insurance actually carried by either City or Developer.
This provision is intended to restrict each party (as permitted by law) to recover against insurance carriers to the extent of such coverage, and waive fully, and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier.
H. Compliance with Policy Requirements. Developer shall observe and comply with the requirements of all policies of public liability, fire and other policies of insurance at any time in force with respect to the Property, and Developer shall so perform and satisfy the requirements of the companies writing such policies that at all times companies of good standing shall be willing to write or to continue such insurance.
I. Remedies. In addition to any other remedies City may have if Developer 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 Developer’s breach:
(i) Obtain such insurance and Developer shall then be required to pay to City the amount of the premiums for such insurance; and/or
(ii) Obtain such insurance and add the cost of the premiums for such insurance to the balance of the City Affordable Housing Loan.
5382807.2
167
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
29018100.66102 $5,000,000
11/5/2024
Posted By: Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
The Staff Report for November 5, 2024 includes an Affordable Housing Loan for the Sunflower Hill at Grace Pointe Project, requiring a budget adjustment for this fund in the amount of $5 million. There is sufficient fund balance to accommodate this budget change.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2024-25
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
Affordable Housing Fund - Affordable Housing - Housing & Development Loan
City Council's Approval Required
Attachment 3
168
STAFF REPORT
CITY COUNCIL
Agenda Item 5.5
DATE: November 5, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Agreement with Precision Emprise LLC for Sidewalk Inspection and Repair Services
Prepared by: Julius Pickney, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services.
FINANCIAL IMPACT:
The proposed agreement will be for a not-to-exceed amount of $850,000. These costs will be charged to the Public Works Department, based on the work being done and in accordance with the adopted annual operating budget, Capital Improvement Program project budgets, and/or developer deposit accounts.
DESCRIPTION:
The City of Dublin has approximately 130 centerline miles of public streets with accompanying sidewalks and curb ramps. City facilities and parks also include concrete pathways. Over time, sidewalks and pathways can become damaged or displaced, creating barriers to accessibility.
Common issues include uplift caused by the growth of nearby trees and settlement due to underlying soil failure. In severe cases, this damage can lead to multiple cracks, resulting in the complete failure of the concrete walkway. When this occurs, the removal and replacement of the affected section is necessary.
In cases of less extensive damage, concrete walkways may develop vertical offsets at joints, creating an uneven surface for pedestrians or cyclists. Larger offsets can also pose a tripping 169
hazard. When the offset is less than two inches, the City has used a contractor to repair the surface by saw-cutting the concrete at an angle to eliminate the unevenness. These repairs result in a surface that meets ADA standards and costs eight to 10 times less than the cost of full walkway removal and replacement.
On September 17, 2019, the City Council adopted Resolution No. 93-19 approving an agreement with Precision Emprise LLC doing business as Precision Concrete Cutting (PCC) for Sidewalk Inspection and Repair Services. The four-year, $1 million agreement resulted in PCC inspecting over 176 miles of concrete walkways and repairing nearly 12,000 uneven locations. All locations repaired by saw-cutting, as well locations that required more extensive repair, were photographed and geo-tagged with coordinates. This data was integrated into the City’s Geographic Information System for accurate tracking and management. A map of the sidewalks that have been inspected and repaired by PCC is included as Attachment 3 to this report.
Staff recommends continuing the program of inspecting City sidewalks and walkways and repairing offsets less than two inches by saw-cutting the concrete. There are approximately 77 miles of concrete walkways and several parks and facilities still to be inspected and repaired. After that is complete, Staff recommends the inspection program continue annually with as-needed repairs completed when the inspections warrant such repairs. It is important to continually evaluate concrete walkways because conditions change over time due to factors like tree growth, soil movement, and general wear and tear. Typically, after the initial inspection and repair of all City walkways is complete, subsequent inspections result in fewer offsets to repair and therefore the process is less costly and less time consuming.
Staff recommends entering into a new agreement with PCC to complete the remaining inspection and repair and then reinspection of areas previously inspected and repaired. The proposed contract would have a not-to-exceed amount of $850,000 with a term that extends until June 30, 2029. The agreement includes per-mile costs for concrete walkway inspection and reporting and a cost for each repair. Staff estimates that the remaining walkways, facilities, and parks can be inspected and offsets repaired by July 2026. After this, re-inspections will commence, starting with the walkways that were the first inspected under the former agreement.
Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City can procure services from a competitive bid process administered by another public agency. On November 21, 2017, the City Council adopted Resolution No. 143-17 authoring the City to become a member of the National Purchasing Cooperative, BuyBoard. This cooperative was formed by government entities to streamline the procurement process for municipalities by providing access to vendors that were selected through a competitive bidding process. PCC has an active agreement with the National Purchasing Cooperative, BuyBoard (Attachment 4). Staff was pleased with the quality and value of services provided by PCC under the former agreement and recommends continuing the program with PCC, utilizing the competitive bid process administered by BuyBoard.
170
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services
2) Exhibit A to the Resolution – Contractor Services Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for Sidewalk Inspection and Repair Services 3) Map of Sidewalk Inspection and Repair Status
4) BuyBoard Contract with Precision Concrete Cutting, 657-21 171
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 AN AGREEMENT WITH PRECISION EMPRISE LLC DBA PRECISION
CONCRETE CUTTING FOR SIDEWALK INSPECTION AND REPAIR SERVICES WHEREAS, the City utilizes contract services to inspect and repair sidewalks throughout the City; and
WHEREAS, the City of Dublin wishes to enter into a Contractor Services Agreement with Precision Emprise LLC DBA Precision Concrete Cutting for sidewalk inspection and repair services in an amount not-to-exceed $850,000 to June 30, 2029; and WHEREAS, City Council approval is required for purchases of $45,000 or more and such purchases are required to comply with the competitive bidding process as described in the Dublin Municipal Code (DMC). DMC Section 2.36.100(B)(9) allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and
WHEREAS, on November 21, 2017, the City of Dublin City Council adopted Resolution No. 143-17 authorizing the City of Dublin to become a member of the National Purchasing Cooperative, BuyBoard, a purchasing cooperative which meets the DMC provisions for a publicly bid agreement; and
WHEREAS, Precision Concrete Cutting has a valid contract with BuyBoard, for sidewalk inspection and repair services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Precision Emprise LLC DBA Precision Concrete Cutting attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to carry out the intent of this Resolution.
{Signatures on the following page}
172
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
173
Services Agreement between November 5, 2024
City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 1 of 18
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
PRECISION EMPRISE LLC DBA PRECISION CONCRETE CUTTING
FOR
SIDEWALK INSPECTION AND REPAIR SERVICES
THIS AGREEMENT for sidewalk inspection and repair services is made by and between the City of Dublin (“City”) and Precision Emprise LLC DBA Precision Concrete Cutting (“Contractor”) (together sometimes referred to as the “Parties”) as of November 5, 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, 2029, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder.
1.5 Public Works Contractor Registration. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the California Labor Code applicable to public works.
Attachment 2
Exhibit A to the Resolution
174
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 2 of 18
1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that Contractor or any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currently registered and qualified to perform public work pursuant to California Labor Code section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 2. COMPENSATION.City hereby agrees to pay Contractor a sum not to exceed $850,000, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict regarding the amount of compensation between this Agreement and Consultant’s proposal, 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 Manageror his/her designee. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; 175
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 3 of 18 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 Agreemento Hours must be logged in increments of tenths of an hour or quarter houro If this Agreement covers multiple projects, all hours must also be logged by project assignmento 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 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. 176
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 4 of 18
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 A. 2.6 Reimbursable Expenses.Reimbursable expenses are specified in Exhibit A. Expenses not listed in Exhibit A are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes.Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination.In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services.The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Liquidated Damages. Failure of Contractor to respond to problems referred to it by City within the time limits established in Subsection 1.2 of this Agreement shall result in liquidated damages as set forth in Exhibit A.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. 177
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 5 of 18 All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given. City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that 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, 178
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 6 of 18 employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation.4.1.1 General Requirements.Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. 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 179
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 7 of 18 occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage.Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements.Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. d. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements.To comply with Subsection 4.2, Contractor shall submit the following: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. 180
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 8 of 18
4.3 All Policies Requirements.4.3.1 Acceptability of Insurers.All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.4.3.2 Verification of Coverage.Prior to beginning any work under this Agreement, Contractor shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Contractor by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.4.3.3 Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies.No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements.Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors.Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.4.4 Remedies.In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time 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; 181
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 9 of 18 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.Section 6. STATUS OF CONTRACTOR.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 182
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 10 of 18 customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent.Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS.7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws.Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits.Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 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 183
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 11 of 18 for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION.8.1 Termination.City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting.City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the 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. 184
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 12 of 18
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 8.6.4Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Contractor’s Performance.All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor’s Books and Records.Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records.Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of 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. 185
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 13 of 18
10.1 Attorneys’ Fees.If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue.In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability.If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.10.4 No Implied Waiver of Breach.The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Conflict of Interest.Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation 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. 186
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 14 of 18
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: Precision Concrete, CuttingAttn: Joseph Ortega 335 Beach RoadBurlingame, CA 94030 Any written notice to City shall be sent to:City of Dublin Att: Public Works Manager 100 Civic Plaza Dublin, CA 94568 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services & Compensation Schedule/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 Contractorcertifies 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. 10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. 187
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 15 of 18 A. HOURS OF WORK: i. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. ii. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and 40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-and-one-half times the basic rate of pay. iii. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit Afor each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. B. WAGES: i. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit Ashall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A. ii. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit Ashall comply with California Labor Code Section 1775, which establishes a penalty for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A 188
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 16 of 18 mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: a. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. c. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. d. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. iii. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: a. The information contained in the payroll record is true and correct. 189
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 17 of 18 b. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be submitted directly to the Labor Commission, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. iv. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. v. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment. SIGNATURES ON FOLLOWING PAGE 190
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Page 18 of 18 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 PRECISION CONCRETE CUTTING Colleen Tribby, City Manager Joseph Ortega, Vice President of DevelopmentAttest: Contractor’s DIR Registration Number (if applicable) Marsha Moore, City ClerkApproved as to Form: City Attorney 191
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Exhibit A – Page 1 of 3 EXHIBIT ASCOPE OF SERVICES The scope of services required to assist the City include but are not limited to condition assessment, reporting, notices, and minor concrete repair/maintenance services on sidewalks throughout the Public Right of Way and City-owned public sidewalks within the designated service areas including, city wide sidewalk infrastructure, city facilities, and parks as listed below. All work shall be done in accordance with Americans with Disabilities Act (ADA) standards. Contractor agrees to the following terms: 1. Contractor to provide concrete inspection services for designated City-owned public sidewalks to include location of offset, before photos, complete measurements of offset, and photo of repaired offset. This information shall be provided as a report to the City in a format that is compatible with the City's Geographic Information System (GIS) software (Esri Shapefile or Esri GeoDatabase). 2. Contractor to provide the City with a list of shave locations. Contractor to provide minor concrete repair/maintenance services as needed and determined by the Public Works Maintenance Superintendent or their designee. 3. Contractor shall furnish all labor, materials and equipment necessary to complete tasks. 4. Contractor shall remove and dispose of existing temporary ramps at no extra charge. 5. Contractor shall provide dust control by use of high efficiency vacuum attachment secured to the portion of the cutting or shaving machine.6. Contractor shall collect, remove and dispose of all remove and replace material, cutting or shaving residue at no additional cost.7. Contractor shall install traffic controls, as required, in compliance with the most recent adopted California Manual on Uniform Traffic Control Devices (CA MUTCD).8. No work shall commence under this contract without prior written notification from Public Works Maintenance Superintendent, or their designee. 9. Contractor shall adhere to all National Pollutant Discharge Elimination System (NPDES) Stormwater best management practices (BMPs). Refer to the attached "Construction Phase Stormwater BMPs" document for a partial list of BMPs.10. On-Call response time: Contractor shall mobilize within 48-hours, providing the necessary workforce and equipment, when requested by the City to inspect and repair by concrete cutting the offset or damaged sidewalk. If concrete cutting is not a feasible repair option, Contractor shall provide the City with an inspection report that includes recommended repair methods and associated costs. 11. As requested, Contractor will mail notices to property owners notifying them of their responsibility to repair sidewalks. All Notices will be based on the City of Dublin standard template and approved by the Public Works Maintenance Superintendent, or their designee.12. As requested, Contractor will print and place door hanger at each property providing notice of a sidewalk that needs removal and replacement at the property owners expense or a sidewalk that has been repaired at no cost as a onetime service by the City’s Contractor. 192
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Exhibit A – Page 2 of 3 City Facilities and Parks: ALAMO CANAL TRAIL KOLB PARKALAMO CREEK PARK MAPE MEMORIAL PARKBRAY COMMONS MARTIN CANYON CREEK TRAIL BUTTERFLY KNOLL PARK PASSATEMPO PARKCALAVERAS RIDGE REGIONAL TRAIL PIAZZA SORRENTOCIVIC CENTER POSITANO HILLS PARKCLOVER & SUNRISE PARKS PUBLIC SAFETY COMPLEXDEVANY SQUARE SCHAEFER RANCH PARKDOLAN PARK SEAN DIAMOND PARK DON BIDDLE COMMUNITY PARK SENIOR CENTERDONLON CANYON TRAIL & LOOP SHANNON COMMUNITY CENTER DOUGHERTY HILLS DOG PARK SHANNON PARKDOUGHERTY HILLS OPEN SPACE STAGECOACH PARKDUBLIN LIBRARY TASSAJARA CREEK TRAIL DUBLIN SPORTS GROUNDS (DSG) TED FAIRFIELD PARKEMERALD GLEN PARK THE WAVE FALLON SPORTS PARK Corporation Yard HERITAGE PARK & MUSEUMS Fire Station 16IMAGINE PLAYGROUND AT DSG Fire Station 17IRON HORSE TRAIL Fire Station 18JORDAN RANCH PARK Agreement will allow for additional facilities to be added and approved by the Public Works Manager, or their designee. ln addition, Public Works Manager, or their designee may approve additional unforeseen, but related, services in addition to those services approved in this Agreement. 193
Services Agreement between November 5, 2024City of Dublin and Precision Emprise LLC DBA Precision Concrete Cutting Exhibit A – Page 3 of 3 COMPENSATION SCHEDULE & REIMBURSABLE EXPENSESReimbursable expenses are built into rates as follows: Service Cost ADA Compliant Uneven Sidewalk Repair Services $54 / Inch Foot (IF)Sidewalk Asset Management Assessment/Surveying $300 / Sidewalk MileMailing Notices $15 per Notice/ AddressDoor Hanger Notices $5,000/ Year Annual estimated costs are as follows: Year 1 $250,000 Year 2 $250,000 Year 3 $150,000 Year 4 $100,000 Year 5 $100,000 Total NTE $850,000 Includes cost for condition assessment services, notices, GIS reporting, and uneven sidewalk repairs. Invoices shall be submitted electronically to: [email protected] no more than once monthly and as work is completed. Invoices shall be submitted for services rendered from the first to the last day of each month. Contractor shall submit to the City any proposed increase to costs no later than 60 days prior to the state of a new Fiscal Year (July 1-June 30). Any changes to cost shall be approved in writing by the Public Works Manager, or their designee. Any such increase shall be calculated based on the Consumer Price Index for All Urban Consumers (CPI-U) and shall not exceed 3% annually. 194
Attachment 3
Green – Sidewalks Completed
Red – Sidewalks Remaining
195
Attachment 4
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
STAFF REPORT
CITY COUNCIL
Agenda Item 5.6
DATE: November 5, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Two-Year Strategic Plan Quarterly Update
Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will receive a status update on the City’s Two-Year Strategic Plan.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council adopted the City’s Two-Year Strategic Plan on April 2, 2024. This Plan sets the overall direction for the City, guiding resources and setting specific objectives to drive City action.
The Plan coincides with Fiscal Years 2024-25 and 2025-26.
This quarterly report represents the first of eight quarterly updates, covering the period of July 1, 2024 through September 30, 2024. Detailed updates for the strategies and objectives are provided in Attachment 1. Key highlights achieved during this reporting period are summarized below.
Strategy 1: Economic Development, Small Business Support, and Downtown Dublin The City Council received a presentation on the draft 2024 Economic Development Strategy Update and feedback was provided which will be incorporated into the final report.
Public Works staff initiated an update of the Western Dublin Transportation Impact Fee. The Dublin Fallon 580 project was approved by the City Council. The City launched an online Citizen Self Service portal for business license management. The City partnered with Start-Up Tri-Valley and Patelco Credit Union in hosting the 2nd 236
Annual Tri-Valley AI Summit. The City also partnered with Start-Up Tri-Valley on a three- part AI series, with the second series focusing on “GenAI Attacks and Defenses.” Strategy 2: Public Safety
Dublin Police Services installed seven directional pedestrian signs to guide Santa Rita Jail releasees to the Dublin/Pleasanton BART Station.
Dublin Police Services, in partnership with the City’s Information Technology division, installed a real-time camera trailer on the southwest corner of Arnold Road and Horizon Parkway to improve situational awareness to pedestrians and vehicles on Arnold Road. Dublin Police Services partnered with the Dublin Chamber of Commerce on the re- establishment of the Business Watch program to provide support to businesses in addressing commercial theft issues.
Strategy 3: Housing Inclusivity and Affordability
The City Council approved amendments to the City’s First-Time Home Buyer Loan Program, which aims to increase the use of the program and ensure compatibility with other loan programs.
Staff continues to work with the developers of Francis Ranch and Dublin Centre on building permits to begin construction. Additionally, Staff continues to work with ARA/Hines on entitlements for the Dublin Commons project in Downtown Dublin. Eden Housing assembled the necessary financing to begin constructing the 113-unit Regional Street Senior Affordable Housing project.
The City Council reserved $5 million for the Grace Pointe project at Dublin Centre. Staff is preparing the Affordable Housing Assistance Agreement which will be brought to the City Council for approval next quarter.
Strategy 4: Inclusive and Effective Government
Parks and Community Services implemented adaptive swimming lessons and recreation swimming opportunities at The Wave. These programs offer modified and individualized curriculum for students and participants of all abilities to build critical water safety skills. Parks and Community Services has started installing communication boards at the larger City parks as well as at The Wave. The boards will help enhance communication, accessibility, and public awareness about special education. The City implemented a streamlined Human Servies Grant process for community benefit organizations within the Tri-Valley.
Parks and Community Services conducted surveys, held a town hall meeting, and collected in-person feedback from the community at Splatter for the initial design process of two new neighborhood parks in the Francis Ranch development project.
Strategy 5: Long-Term Infrastructure and Sustainability Investments On September 19, 2024, the Alameda County Transportation Commission approved a $1.3 237
million amendment to the design contract for the Dublin Boulevard extension project. The City Council approved a low carbon concrete building code, which will become effective on January 1, 2025.
Three street resurfacing projects began construction with the Cape Seal project bringing a new, more sustainable resurfacing treatment to the community.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) City of Dublin FY2024-2026 Strategic Plan Update (July 1, 2024 – September 30, 2024) 238
City of Dublin FY2024-2026 Strategic Plan Update
July 1, 2024 - September 30, 2024
Strategy 1 Economic Development, Small Business Support, and Downtown Dublin Objective A Support the implementation ofthe 2024 Economic Development Strategy, including pursuing growth industries.
Update: On September 17, 2024, the City Council provided feedback and direction on the draft update of the Economic Development Strategy. Staff worked with the Consultant to incorporate the City Council’s feedback into the updated Strategy, which is scheduled to be presented to the City Council next quarter.
Objective B Work with ARA and Hines on the development of the Dublin Commons project, including associated public improvements, relocation of tenants, development agreement and appropriate incentives to effectuate physical changes to the area, as well as support for small businesses.
Update: Public Works initiated an update of the Western Dublin Transportation Impact Fee. The effort will integrate updates from the Downtown Dublin Specific Plan, Downtown Dublin Preferred Vision, and Dublin Bicycle and Pedestrian Plan.
Objective C Continue supporting the FallonEast Economic Development Zone and associated agreements that effectuate the construction of the Dublin Blvd. Extension.
Update: City Staff held bimonthly meetings with property owners located in the Fallon East Economic Development Zone. In addition, the City Council approved the Dublin Fallon 580 project. On September 19, 2024, the Alameda County Transportation Commission approved the amendment with BKF Engineers for an additional amount of $1.3 million for the preparation of the plans, specifications, and estimates phase of the Dublin Boulevard extension project. This will allow the design phase of the project to resume following Caltrans approval of the amendment.
Objective D Continue to evaluate and implement small business programs that provide financial assistance, business development, permit processing, and support services to the community.
Update: A recent key initiative was the launch of the Citizen Self Service portal, designed to simplify business license management for local businesses.
The City has been actively involved in several events and grand openings, including Biryani Spot, Dublin Technology Center, Dublin Infiniti, and Boba & More. The Business Anniversary Reception recognized 88 businesses, while the Small Business Night at the Farmers’ Market provided additional opportunities for more than 20 small businesses to connect with community members and other local entrepreneurs.
In addition, the City partnered with Start-Up Tri-Valley and Patelco Credit Union to host the 2nd Annual Tri-Valley AI Summit with more than 150 attendees. Separately, the City collaborated with Startup Tri-Valley to organize the "GenAI Attacks and Defenses" event at the Dublin Technology Center, which attracted 52 attendees.
The City's small business support programs continue to make a significant impact, assisting more than 35 businesses through the City’s concierge services. Additionally, the small business navigator program helped three businesses with five marketing and business planning projects, demonstrating the City's ongoing commitment to fostering growth and success for local enterprises. Two small business spotlights were released during this time featuring Ducky Wash Laundromat and BodyBar Pilates.
Parks and Community Services staff has developed a new component within the People of the Parks program: the Clean and Green Business initiative, which was introduced at Small Business City of Dublin
STRATEGIC PLAN
Attachment 1
239
Night. This initiative aims to promote cleanliness and good standing among local businesses, encouraging their active participation in the City’s broader Clean and Green initiative.
Strategy 2 Public Safety
Objective A Work with County officials on Santa Rita Jail release procedures and services to improve the safety of adjacent neighborhoods.
Update: Dublin Police Services (DPS) has collaborated with the City of Dublin to install seven directional pedestrian signs to guide Santa Rita Jail (SRJ) releasees to the Dublin/Pleasanton BART station along Arnold Road. This signage aims to provide a clear pathway for SRJ releasees.
DPS partnered with the City of Dublin Information Technology division to position a trailer with real-time boom cameras at the southwest corner of Arnold Road and Horizon Parkway. This has provided situational awareness to the pedestrians and vehicles along Arnold Road.
Police Chief Nate Schmidt held Zoom meetings with the City Attorney’s Office, the City of Oakland ROOTs community-based program, SRJ Command Staff, and the Dublin Mayor to discuss various issues related to SRJ release procedures. Further meetings are planned, including discussions on potential locations for citing releasees in various parts of the county.
Objective B Continue to invest in public safety technology and programs that advance proactive, community policing and protect citizens and law enforcement.
Update: DPS has been diligently negotiating with the Flock Safety Platform to update the City of Dublin's Situational Cameras (SitCams) and Automated License Plate Recognition (ALPRs). Once approved, DPS will move forward with the installation of 83 new cameras: 60 SitCams and 23 ALPRs in strategic locations throughout the city.
The DPS Investigation Bureau has secured funding through the Internal Services Fund (ISF) to purchase a large-scale forensic computer for conducting analysis and evidence retrieval from digital information using the Cellebrite hardware and software platform. Multiple DPS Detectives will attend the required training. Upon the completion of the training, DPS will be purchasing the Cellebrite Platform using asset forfeiture funds.
Objective C Establish a Business Watch program to collaboratively address commercial theft.
Update: DPS Crime Prevention Unit (CPU) met with the Dublin Chamber of Commerce to present material and ideas to re-establish a Business Watch program.
Through the month of July, the DPS CPU and Investigative Services Unit (ISU) spoke with and coordinated an organized retail crime operation with Target and Dicks Sporting Goods as an enforcement aspect of the Business Watch program. Through various meetings discussing current trends in theft and ways to deter theft from occurring, DPS planned an operation which resulted in multiple retail theft related arrests.
In the month of August, DPS CPU contacted all major vehicle dealerships within Dublin to discuss Business Watch, and to acquire notarized open-ended complaints. DPS CPU also began contacting property owners for all major shopping centers to discuss Business Watch and again acquire notarized open-ended complaints.
On August 22, 2024, DPS CPU met with Ross corporate management and loss prevention to discuss future opportunities to collaborate and support one another. Additionally, DPS CPU held an in person and virtual Business Watch meeting at the Dublin Chamber of Commerce. 50+ businesses registered for the event but only four attended. DPS CPU discussed how to improve the physical security of a business, how to deter theft, best hiring and training practices, and general observational safety.
In September, DPS CPU, and ISU collaborated to plan a Local Business Safety Fair, featuring training from both CPU and ISU, commercial security company vendors (locks, cameras, alarms), 240
and are working with local businesses to provide food for the event (business outreach). This event is scheduled to be held next quarter.
Also in September, DPS CPU visited (in person) with managers of most businesses in the following shopping centers. Discussions were centered around the Business Watch program and the upcoming Local Business Safety Fair:
Almond Plaza
Shamrock Village
Dublin Plaza Center
Dublin Place Shopping Center
Hacienda Crossings
Grafton Station Shopping Center
Fallon Gateway Shopping Center
Objective D Work with Alameda County Fire on upgrades to fire stations to improve safety and efficiency of operations.
Update: Alameda County Fire Department solicited bids for a Fire Station Alerting System Installation project. The project proposes to install station alerting systems at 37 fire stations, including City of Dublin Fire Stations 16, 17, and 18.
Objective E Develop a more comprehensive security infrastructure for City facilities, including video surveillance, building access and improvements, and alarm systems.
Update: A multi-departmental effort has begun to create a comprehensive security policy that identifies and addresses gaps in the City’s current physical access points. Situational cameras continue to be added to all City facilities in strategic locations.
Strategy 3 Housing Inclusivity and Affordability
Objective A Implement the goals, policies, and programs in the 2023-2031 Housing Element.
Update: The City’s Inclusionary Zoning Regulations, Affordable Housing In-Lieu, and Commercial Linkage Fee have been reviewed and updated in accordance with the Housing Element (Program B.4 & B.5). The City’s First-Time Home Buyer Loan Program has been reviewed and updated in accordance with the requirements of the Housing Element (Program E.7). Staff is working with ARA/Hines on a proposed high-density mixed-use development project Downtown (Program B.1). Staff is also preparing additional policy amendments related to various Housing Element programs for consideration by the Planning Commission and City Council. These amendments are anticipated to be presented next quarter.
Objective B Support efforts to produce housing affordable at all levels of income.
Update: Staff is working with the developers of Francis Ranch and Dublin Centre to obtain their building permits and commence construction. Staff is also working with ARA/Hines on entitlements for their high-density mixed-use development in Downtown Dublin. Additionally, staff is working with Eden Housing on their financing and building permits for the 113-unit Regional Street Senior Affordable Housing development, and with the Related Company to submit a building permit application for the first phase of their 300-unit Amador Station affordable housing development.
Objective C Support programs that facilitate homeownership such as the First-Time Home Buyer Loan Program.
Update: Staff prepared amendments to the City’s First-Time Homebuyer Loan Program. The amendments are intended to increase the use of the program and to ensure it is compatible with other loan programs. This includes lowering the interest rate and downpayment, increasing the maximum loan amount, and allowing loan subordination.
Objective D Support development of housing types to support essential workers, younger buyers, and seniors.
Update: Eden Housing has assembled all the financing necessary to move forward with constructing their 113-unit Regional Street Senior Affordable Housing project. The project will be located at the corner of Regional Street and St. Patrick Way. Staff is working with Eden on their Plan of 241
Financing and bond financing through the California Municipal Finance Authority. It is anticipated the City Council will consider their Plan of Financing next quarter. Staff is also continuing to work with Landsea Homes on the Dublin Centre project which includes entry level townhomes.
Objective E Support efforts to address housing for special needs communities.
Update: The City Council reserved $5 million for the Grace Pointe project at Dublin Centre. Staff is working with the developer of that project, SAHA/Sunflower Hill, to prepare the Affordable Housing Assistance Agreement which will allocate this funding to the project. It is anticipated that the City Council will consider the agreement next quarter.
As part of the annual Human Services Grant Program, Sunflower Hill and Community Resources for Independent Living were awarded grant funding. Effective July 1, 2024, for FY2024-25, approximately $25,000 was awarded to support programs and services related to housing for special needs communities.
Strategy 4 Inclusive and Effective Government
Objective A Set reserves aside for major infrastructure investments which are key to the City’s economic future.
Update: As part of the preliminary General Fund reserve designation, the City Council approved setting aside $4 million in the Downtown Public Improvement Reserve and $7 million in the Dublin Boulevard extension Advance Reserve. Additionally, staff will be recommending adding additional funds to reserves dedicated for future infrastructure projects, as part of the FY2023- 24 Yearend that will be brought to the City Council next quarter.
Objective B Develop policies and procedures to address transition to District-based elected officials.
Update: No update.
Objective C Implement DEI Action Plan and continue to use a diversity, equity, and inclusion lens in organizational development and programming.
Update: The Wave implemented adaptive swimming lessons and recreational swimming opportunities.
The adaptive swim lesson offers a modified and individualized curriculum for students of all abilities to be able to learn critical water safety skills and build confidence in the water.
Conducted in the natatorium (indoor pool), this lesson is the only class in the water to help reduce noise and over stimulation for students who may have specific sensory needs. Our adaptive recreation swimming opportunity, called Sensory Splash, is designed for individuals with special needs and their families to visit The Wave in a calm, sensory-friendly environment.
Parks and Community Services (PCS) staff have begun the process of having communication boards installed in the larger parks and The Wave. These boards are crucial for enhancing communication, particularly for individuals with speech and language challenges, and serve to raise public awareness about special education. By promoting inclusion and facilitating social interactions among community members, we ensure linguistic accessibility, reducing the stress of verbal communication for all visitors.
The Dublin Arts Center continues to prepare for its opening in 2025. Staff is working with instructors to develop a variety of new programs in the Spring season such as Lippan and Mandala art workshops, 3D art classes for youth and teens, youth ballet, and mandarin language classes. Recruitment of additional instructors will continue in preparation for the Dublin Arts Center’s launch.
Objective D Conduct ongoing outreach and garner feedback on services andprograms to meet the community's needs.
Update: Based on feedback received during the Human Services Needs Assessment process, staff has implemented significant changes to streamline the annual Human Services Grant process. These improvements, including a single/shared grant application with Livermore and Pleasanton, will 242
ease the application process for community benefit organizations in the Tri-Valley applying for Human Services grants.
Staff conducted a quarterly survey to gather feedback from participants in recreation programs.
This input is used to evaluate programs and ensure they meet the evolving needs of the community.
To actively engage the community in the initial designing process for two new neighborhood parks in the Francis Ranch development, PCS collected more than 260 survey responses from the community, which provided valuable input on park features, amenities, and themes. A virtual town hall meeting was held in early September to discuss survey results, feedback from the community, and next steps. In addition, staff collected in-person feedback from the community during the Splatter event, where staff showcased the possible features, designs, and themes of both parks. Finally, a second survey was made available in late September for final community feedback on park designs and themes.
Objective E Evaluate ways to increase transparency in finance, policing, and development and infrastructure projects.
Update: Staff is working with ClearGov to develop an online and digital Capital Improvement Program book. ClearGov is the software tool used to create the digital budget book for Fiscal Years 2024- 25 and 2025-26. Staff also created a webpage within the City’s website to provide information about the City’s Community Facilities Districts.
Objective F Continue proactive evaluation of policies and procedures and ensure cybersecurity infrastructure and practices are sufficient to protect the City’s assets.
Update: The Information Services Division continues to engage with independent cybersecurity planning consultants to perform scans of the City’s infrastructure, servers, and computer systems.
Strategy 5 Long-Term Infrastructure and Sustainability Investments Objective A Continue to explore funding mechanisms for capital and ongoing maintenance needs.
Update: Public Works and the City’s consultant, Townsend Public Affairs Inc., prepared and submitted a grant application for a tree restoration project through the California Natural Resources Agency, 2024 Environmental Enhancement and Mitigation program. Unfortunately, the application was not selected to continue in the competitive grant process.
Objective B Focus on major street improvements to assist in improving safety and traffic movement, including Village Parkway, Tassajara Road, and the Dublin Boulevard extension.
Update: On July 16, 2024, the City Council awarded the construction contract for the Citywide Bicycle and Pedestrian Improvements – Safe Routes to School (SR2S) Project. The SR2S project will include safety improvements at four intersections near schools.
The Village Parkway Reconstruction and Complete Streets project continues with the design phase along with collaboration with Dublin San Ramon Services District (DSRSD) on their waterline replacement project along Village Parkway.
The Right-of-Way Acquisition for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School has progressed with the East Bay Regional Parks District and the Beltran properties. Additionally, staff has been directed to move forward with the eminent domain action for the Roshan/Mayar property.
On September 19, 2024, the Alameda County Transportation Commission approved a $1.3 million amendment to the design contract for the Dublin Boulevard extension project. The amendment allows the design phase to continue, including utility coordination with DSRSD, right-of-way appraisal services, and completion of the project plans.
Objective C Continue to make progress on the Climate Action Plan and sustainable operations. 243
Update: On July 16, 2024, the City Council received a report on the new Dublin Climate Challenge online platform. The Dublin Climate Challenge allows individuals, households, businesses, and community groups to learn and commit to various sustainable actions to lower their impact on climate change.
On September 17, 2024, the City Council approved a low carbon concrete building code.
Adoption of the building code implements Measure MM-2 of the Climate Action Plan 2030 and Beyond to reduce the embodied greenhouse gas emissions associated with building materials.
The code will be effective on January 1, 2025.
Objective D Evaluate options for a sustainable pavement management program.
Update: Three street resurfacing projects (2024 Overlay, 2024 Slurry Seal, and 2024 Cape Seal) began construction. The 2024 Cape Seal is a new-to-Dublin resurfacing treatment consisting of an approximately ½” thick section of rubber chip seal overlaid by a slurry seal. It represents a middle-ground in both cost and durability between an asphalt overlay and a slurry seal.
Objective E Evaluate use of General Fund reserves to address asset replacement needs.
Update: The FY2024-26 Adopted Budget included a $2 million contribution from the General Fund to the Internal Services Fund to address future asset maintenance and replacement. Additionally, the budget included $4.5 million annually for pavement management, including an estimated $8.8 million in General Fund contributions. Staff will continue to address these needs as part of the annual reserve designation in future budgets.
244
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: November 5, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Fiscal Year 2023-24 4th Quarter Financial Review and Additional Special Designations of General Fund Reserves
Prepared by: Jay Baksa, Finance Director
EXECUTIVE SUMMARY:
The City Council will receive a financial report on the fourth quarter of Fiscal Year 2023-24 and consider amendments to the General Fund reserve designations.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2023-24 and confirm additional General Fund reserve designations as of June 30, 2024.
FINANCIAL IMPACT:
City Council confirmation of General Fund reserve designations will not alter amounts received or spent but will allow Staff to close the Fiscal Year 2023-24 financial books.
Total General Fund reserves are projected at $286.2 million as of June 30, 2024, with $51.1 million in the unassigned cash flow reserve, representing 5.6 months of the Fiscal Year 2024-25 Adopted General Fund Budget.
DESCRIPTION:
This report transmits the preliminary financial results of the Fiscal Year 2023-24 year-end, focusing on the General Fund. At this time, the numbers are essentially final, and though adjustments may happen as the audit is finalized, Staff does not expect substantial changes from the numbers in this report. The Annual Comprehensive Financial Report, which will be presented to the City Council at the second meeting in December, will contain the final audited results.
245
General Fund Overview
General Fund operating revenues totaled $134.5 million in Fiscal Year 2023-24, an increase of $9.7 million over the prior year. Total revenues, including an accounting adjustment of unrealized gains and transfers in, were $141.7 million, an increase of $19.9 million from the prior year.
General Fund operating expenditures totaled $94.9 million, an increase of $6.4 million from the prior year. Total expenditures, including contributions to other funds, and transfers out, were $101.2 million, an increase of $5.3 million over the prior year. Contributions to capital projects, and other funds totaled $6.3 million, a decrease of $1.1 million from the prior year. The resulting impact from operations on total General Fund Reserves was an increase of $40.5 million, with the overall increase to General Fund reserves increasing $36.4 million from the prior year, after transferring funds from the Advance to Public Facility Fee Reserve to the Public Facility Fee Funds, as shown in Table 1. The year-over-year variances are explained in greater detail below.
Table 1: General Fund Summary
FY 2022-23 FY 2023-24
Total Reserves, Beginning of Year $223,857,505 $249,736,608 Revenues 124,787,119 134,468,344
Expenditures (88,523,802) (94,909,329)
Net Operating Budget Impact 36,263,317 39,559,015
Transfers In 109,014 227,051
Unrealized Gain/Loss/Adjustments (3,053,407) 7,022,273
Transfers Out/Contribution to Other (7,439,821) (6,322,616) Reserve Transfer to Public Facility Fee (4,042,819)
Total Reserves, End of Year $249,736,608 $286,179,512
Change from Prior Year $36,442,903
Specific revenue and expenditure changes (+/-$250,000 compared to Fiscal Year 2022-23 actuals and to the Fiscal Year 2023-24 amended budget) are discussed below. The General Fund Summary (Attachment 2) presents this data by major category.
Revenues
Property Tax (+$2,911,518 vs. prior year / + $2,071,658 vs. budget) Property Tax revenue in Fiscal Year 2023-24 increased along with a gain in net assessed valuation by $1.20 billion (5.7%) over the prior year. Current Property Tax revenue was $832k higher than the Amended Budget, due to stronger than anticipated property sales in the second part of the fiscal year. Supplemental Property Tax payments came in $608k higher than the Amended Budget due to development projects coming online.
Sales Tax (+$2,391,643 vs. prior year / +$1,297,807 vs. budget) It was originally projected that overall consumer spending would slow in Fiscal Year 2023-24, with growth resuming the second half of Fiscal Year 2024-25. However, while globally there was some slowing, Dublin businesses remained strong, and sales activity continued to outpace forecasts. Additionally, a change was made by the state in how certain auto sales are reported, 246
resulting in the reallocation of $2.5 million in auto sales tax to Dublin in Fiscal Year 2023-24.
Development Revenue (-$1,730,994 vs. prior year / -$109,365 vs. budget) This category includes revenues associated with permits for new development (primarily building permits) as well as tenant improvements on current structures. It also includes fees for City services, most typically zoning and plan checking services. The year-over-year decrease is due to a lower level of activity on development projects than in the previous year.
Other Taxes (+$450,879 vs. prior year / +$866,971 vs. budget) The net increase in Other Taxes over the prior year and current year budget was related to an increase in the garbage franchise tax, driven primarily by an increase in construction activity.
Additionally, the City had increases in both the electric and gas franchise fees, due to rate increases. Lastly, the City saw an increase in property transfer tax, which fluctuates with the real estate market. This increase was offset by a decrease in Cable Franchise fees, which has been steadily decreasing since 2016, as people have shifted toward alternate forms of television subscriptions.
Interest (+$3,136,384 vs. prior year / +$2,999,829 vs. budget) Interest earnings came in significantly higher than the prior year, due to the Federal Reserve raising interest rates 11 times between March 2022 and July 2023. Overall, the Federal Funds Rate has stayed between 5.25% to 5.50% for the majority of Fiscal Year 2023-24. In addition to the higher interest rate, the City maintained a higher than anticipated General Fund cash balance that was the result of the operating budget’s revenues exceeding expenditures by $39 million, as well as the timing of expenditures on capital projects. In Fiscal Year 2023-24 there was $51.2 million from the General Fund appropriated for Capital Improvement Projects, of which $4.3 million was spent. The combined effect resulted in interest revenue coming in $3.0 million higher than the Amended Budget.
Rental & Leases (-$21,777 vs. prior year / +$524,025, vs. budget) The decrease in revenue from the prior year is due to an accounting change, as prescribed by the Governmental Accounting Standards Board, which requires a portion of revenue received from long-term leases to be classified as interest. Overall Rental & Leases revenue remained strong, with rental revenue reaching a new high in facility, field, and sports court rentals as well as picnic area rentals.
Charges for Services (+$1,030,064 vs. prior year / +$2,288,698 vs. budget) The increase in Fiscal Year 2023-24 is attributed to a significant increase in Parks and Recreation programming revenue, specifically in aquatics and family programs. Overall Dublin Parks and Community Services programs continued to see high demand. In addition, the annual Santa Rita Services payment was approximately $550,000 higher than the prior year and $996,000 higher than the Amended Budget. This revenue is a reimbursement for the cost of Alameda County Fire’s response to service calls from the Santa Rita Jail. A change in this program was implemented midyear in Fiscal Year 2023-24, which is anticipated to decrease the number of service calls and reimbursement revenue starting in Fiscal Year 2024-25.
Other Revenue (+$1,617,866 vs. prior year / +$2,551,513 vs. budget) 247
Many revenues in this category are non-recurring in nature, such as community benefit payments.
The increase in Fiscal Year 2023-24 is due to the receipt of funds from a legal settlement, reimbursement of the City’s annual fire services retiree health payment (the plan is super funded) and a community benefit payment from the Francis Ranch development. Additionally, the City received funds for the reimbursement of multiple insurance claims, including damage to police vehicles by third parties.
Expenditures
Salaries and Wages (+$782,752 vs. prior year / -$641,888 vs. budget) Staffing costs came in lower than the Amended Budget due to a number of vacant positions and the timing of hiring. The increase from the prior fiscal year was due to revisions to the City’s Salary Plan based on a classification study done as part of the Employee Process. The Employee Process is undertaken every five years and includes discussions between the City Manager and City employees regarding salaries and health and welfare benefits.
Benefits (-$280,988 vs. prior year / -$885,569 vs. budget) Like salaries and wages, benefit costs came in lower than the budget because of vacant positions, and due to lower retirement costs for new employees who are in the new tier of the California Public Employees’ Retirement System.
Services and Supplies (+$1,288,423 vs. prior year / -$713,474 vs. budget) Expenditures for services and supplies in Fiscal Year 2023-24 were higher than the prior fiscal year due mainly to the increased cost of insurance provided through the City’s Plan Joint Powers Agreement. Additionally, the City had increased expenses related to expanding recreation programming which had offsetting additional revenue as previously discussed. The City experienced savings from the Amended Budget due to lower-than-anticipated costs for repairs and maintenance of City-owned vehicles and facilities and for fuel.
Internal Service Funds (+$511,428 vs. prior year / +$252 vs. budget) Internal Service Fund charges increased from the prior fiscal year mainly due to increased costs in the Information Technology Fund with the addition of new software, as well as an increase in Information Technology staffing costs, as the City continues to modernize services and expand security initiatives.
Utilities (-$395,070 vs. prior year / -$1,296,415 vs. budget) Utilities were lower both from the prior year and from the Amended Budget. Staff had anticipated overall double-digit growth in utilities costs due to significant increases in electric and gas rates, however, year-over-year expenditures for both utilities decreased. The amount spent on water was also lower, as the region experienced a wet and rainy winter.
Contracted Services (+$4,002,010 vs. prior year / -$4,218,625 vs. budget) Compared to the prior year, contract expenditures came in higher mainly due to planned increases in police services, fire services, and maintenance contract costs. In addition, police dispatch costs came in higher than anticipated, and other contracted services increased due to the continued expansion of recreation programs.
248
Capital Outlay (+$268,350 vs. prior year / -$79,704 vs. budget) Capital Outlay expenditures are typically one-time in nature, and they vary from year to year.
Fiscal Year 2023-24 expenditures were higher year-over-year, due to approximately $355,000 being carried over from the prior year to complete furniture and vehicle purchases that were in the process of being made at the year end.
Transfers Out for Capital Improvement Program (CIP) Projects The General Fund transferred out $4.3 million in Fiscal Year 2023-24 for capital project expenditures; of that amount, $3.7 million was covered by Committed/Assigned Reserves. $46.9 million in unspent capital project budgets will be carried over to Fiscal Year 2024-25. Table 2 shows the actual expenditures on CIP projects funded by the General Fund.
Table 2: General Fund CIPs
Project Amount
Committed/Assigned
Citywide Signal Communication Upgrade $773 Civic Center Rehabilitation 722,132
Cultural Arts Center 2,736,207
Dublin Irrigation System Upgrades 22,000
Electric Vehicle (EV) Charging Stations 20,456
Green Stormwater Infrastructure 60,130
IT Infrastructure Improvement 1,300
Maintenance Yard Facility 81
Public Safety Complex - Police Services Building 1,022
Village Parkway Reconstruction 156,543
Subtotal - Committed/Assigned $3,720,645
Undesignated
Alamo Creek Park & Assessment Dist. Fence Replacement
$3,994
Audio Visual System Upgrade 18,288
Citywide Energy Improvements 64,132
Downtown Dublin Street Grid Network 246
Downtown Dublin Town Square Park 122
Dublin Standard Plans Update 56,744
Financial System Replacement 141,275
Imagine Playground at Dublin Sports Grounds 5,546
Kolb Park Renovation 493
Marquee Signs 237
Municipal Fiber 246
Resiliency and Disaster Preparedness 302,161
Restrooms Replacement 6,441
Parks Playground Replacement 82
249
San Ramon Road Landscape Renovation 1,214
Situational Awareness Camera 750
Subtotal - Undesignated $601,971
Total - General Fund Transfers Out to CIPs $4,322,616 Reserves (Attachment 3)
In June 2024, based on estimated revenue and expenditures at that time, the City Council approved allocations to specific Committed and Assigned Reserves, shown in Table 3 below.
Table 3. Committed/Specific Assigned Reserve Recommendations Reserve Category
June 2024
Approval Q4 Adjustment
FY 23-24
Total
Adjustment
Adjustment
Type
Committed
Downtown Public Improvement $4,000,000 $10,000,000 $14,000,000 Add Lease Revenue Bond Payment 1,000,000 1,000,000 Add
Assigned
Dublin Blvd Extension Advance 7,000,000 10,000,000 17,000,000 Add Fiscally Responsible Adjustment (325,000) (325,000) Transfer Contribution to ISF (1,500,000) (1,500,000) Transfer
Village Parkway Reconstruction 5,000,000 5,000,000 Add
With the close of the financial books, Staff is recommending additional allocations as described below, which support specific objectives in the City’s Two-Year Strategic Plan. This Staff Report also transmits a Resolution (Attachment 1) which confirms designations of additional Committed Reserves for Fiscal Year 2023-24, as City Council approval of Assigned Reserves is not necessary by resolution.
Committed Reserves
Downtown Public Improvement Reserve – Increase $10,000,000 With the additional designation, the total set aside for the Downtown Public Improvement Reserve will be $36.1 million.
Assigned Reserves
Dublin Boulevard Extension Advance – Increase $10,000,000 The reserve is a cash flow advance to the Eastern Dublin Transportation Impact Fee program and the General Fund will be reimbursed by the fee program. With the additional designation, the total set aside for the Dublin Boulevard Extension Advance Reserve will be $59.5 million. 250
Village Parkway Pavement Reconstruction Reserve – Increase $5,000,000 As presented to the City Council on February 20, 2024, the cost to reconstruct Village Parkway is estimated to be between $30 and $50 million. Staff recommends adding $5 million to the reserve, bringing the total to $20.7 million. Staff also anticipates a grant of $9.2 million from the State Transportation Improvement Program and is continuing to seek additional funding from grant sources for the project.
STRATEGIC PLAN INITIATIVE:
Strategy 1: Economic Development, Small Business Support, and Downtown Dublin Objective B: Work with ARA and Hines on the development of the Dublin Commons project, including associated public improvements, relocation of tenants, development agreement and appropriate incentives to effectuate physical changes to the area, as well as support for small businesses.
Strategy 5: Long-Term Infrastructure and Sustainability Investments Objective B: Focus on major street improvements to assist in improving safety and traffic movement, including Village Parkway, Tassajara Road, and Dublin Boulevard extension.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Authorizing Additional Special Designations of General Fund Reserves for Fiscal Year 2023-24
2) General Fund Summary FY 2023-24
3) General Fund Reserves Summary FY 2023-24
251
Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 1 RESOLUTION NO. XX – 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING ADDITIONAL SPECIAL DESIGNATIONS OF GENERAL FUND RESERVES FOR FISCAL YEAR 2023-24
WHEREAS, the City's Fund Balance and Reserves Policy requires special fund balance allocations to be adopted by the City Council, and allows the City Council to take action prior to the end of the fiscal year to direct a specific assignment of the fund balance; and WHEREAS, Staff reviewed updated information regarding fund balance and estimated one-time revenues during the preparation of the Fiscal Year 2024-25 and 2025-26 Budget; and WHEREAS, the City Council approved allocations to specific Committed Reserves and Assigned Reserves on June 25, 2024, based on estimated revenues and expenditures at that time.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make additional special allocation of the Fiscal Year 2023-24 year-end balance to the Committed fund balance as follows:
Increase the Downtown Public Improvement reserve by $10,000,000 BE IT FURTHER RESOLVED that any net resources remaining after special designations will be left in the Unassigned (Available) Reserve.
PASSED, APPROVED AND ADOPTED this 5th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
252
GENERAL FUND SUMMARY - Q4 FY 2023-24
Actual
2022-23
Adopted
2023-24
Amended
2023-24
Actual
2023-24
Revenues
Property Tax $59,056,139 59,896,000 59,896,000 61,967,658 Sales Tax 28,902,065 27,000,000 29,995,900 31,293,707
Sales Tax Reimbursements (321,750) (375,000) (375,000) (390,267) Development Revenue 8,588,005 7,172,669 6,966,376 6,857,011 Transient Occupancy Tax 1,533,093 1,500,000 1,500,000 1,481,868 Other Taxes 7,196,591 6,780,500 6,780,500 7,647,471
Licenses & Permits 323,098 223,577 223,577 230,552
Fines & Penalties 80,117 50,000 50,000 98,693
Interest Earnings 5,363,445 2,510,000 5,500,000 8,499,829 Rentals and Leases 2,193,822 1,648,021 1,648,021 2,172,046 Intergovernmental 352,165 290,000 405,000 441,518
Charges for Services 8,648,315 7,389,682 7,389,682 9,678,380 Other Revenue 2,872,013 1,806,412 1,938,367 4,489,879
Subtotal Revenues - Operating $124,787,119 $115,891,861 $121,918,423 $134,468,344 Transfers In $109,014 $56,600 $129,582 $227,051
Unrealized Gains/Losses/Adjustments (3,053,407) 7,022,273 Total Revenues $121,842,727 $115,948,461 $122,048,005 $141,717,668 Expenditures
Salaries & Wages $12,725,756 $14,150,396 $14,150,396 $13,508,508 Benefits 4,781,703 5,386,283 5,386,283 4,500,714 Services & Supplies 4,543,179 6,238,992 6,545,077 5,831,603 Internal Service Fund Charges 4,932,571 5,443,747 5,443,747 5,443,999 Utilities 2,997,652 3,898,997 3,898,997 2,602,582 Contracted Services 57,001,245 62,778,423 65,221,880 61,003,255 Capital Outlay 194,558 120,625 542,612 462,908 Debt Service Payment 1,333,050 1,331,850 1,331,850 1,331,850 Contingency & Miscellaneous 14,088 223,910 223,910 223,910 Subtotal Expenditures - Operating $88,523,802 $99,573,224 $102,744,752 $94,909,329 Operating Impact (REV-EXP) $36,263,317 $16,318,637 $19,173,670 $39,559,015 Transfer Outs & Contributions to Other Funds
Transfers Out (CIPs) - Com./Assig. Reserve 937,641 7,195,281 33,935,110 3,720,645 Transfers Out (CIPs) - Undesignated 1,018,802 10,734,612 17,272,644 601,971 Contribution to OPEB/PERS 3,460,000 1,000,000 1,000,000 - Contribution to ISF & Other 2,023,378 2,000,000 2,000,000 2,000,000 Subtotal - Transfers Out & Contributions $7,439,821 $20,929,893 $54,207,754 $6,322,616 Total Expenditures $95,963,623 $120,503,117 $156,952,506 $101,231,945 GF Impact (Include CIP & Transfers) $25,879,104 ($4,554,656) ($34,904,501) $40,485,722 Contracted Services Detail
Actual
2022-23
Adopted
2023-24
Amended
2023-24
Actual
2023-24
Police Services $23,229,695 $24,835,923 $24,927,246 $25,092,500 Fire Services 15,223,132 16,313,430 16,313,430 16,226,491 Maintenance Services (MCE) 7,149,032 7,925,056 8,036,896 7,878,305 Development (CDD and PW) 3,360,003 3,606,108 3,992,132 3,050,460 Other Contracted Services 8,039,383 10,097,906 11,952,176 8,755,499 Total Contracted Services $57,001,245 $62,778,423 $65,221,880 $61,003,255 Attachment 2
253
FISCAL YEAR 2023-24 GENERAL FUND RESERVES SUMMARY
RESERVE DESCRIPTION
Actual
2022-23
Increase
2023-24
Decrease
2023-24
Net Change
2023-24
Projected
2023-24
Non-Spendable $4,859 $49,849 $49,849 $54,709
Prepaid Expenses 4,859 49,849 49,849 54,709
Restricted $4,324,132 $126,103 $126,103 $4,450,235
Cemetery Endowment 60,000 60,000
Developer Contribution - Downtown 1,490,000 1,490,000
Developer Contribution - Heritage Park 19,000 19,000
Developer Contribution - Nature Park 60,000 60,000
Section 115 Trust - Pension 1,945,132 126,103 126,103 2,071,235 Heritage Park Maintenance 750,000 750,000
Committed $76,016,420 $15,000,000 ($6,800,976) $8,199,024 $84,215,443 Advance to Public Facility Fee 10,747,169 (4,042,819) (4,042,819) 6,704,350 Downtown Public Improvement 22,139,587 14,000,000 (21,097) 13,978,903 36,118,491 Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 532,113
Fire Services Pension/OPEB 2,211,094 2,211,094
Innovations and New Opportunity 894,498 894,498
One-Time Initiative - Capital 1,918,620 (773) (773) 1,917,848 One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 4,600,000 4,600,000
Specific Committed Reserves
Contribution to Public Facility Fee 6,000,000 6,000,000 Cultural Arts Center (CIP) 7,139,197 (2,736,207) (2,736,207) 4,402,990 Don Biddle Park (CIP) 675,193 675,193
Fallon Sports Park III Contingency 100,000 100,000
Lease Revenue Bond Payoff 7,000,000 1,000,000 1,000,000 8,000,000 Maintenance Facility (CIP) 55,089 (81) (81) 55,008
Utility Undergrounding (CIP) 3,500,000 3,500,000
Assigned $125,043,297 $39,851,345 ($11,492,058) $28,359,287 $153,402,584 Accrued Leave 1,301,506 216,917 216,917 1,518,423
Catastrophic Loss 17,714,064 17,714,064
CIP Carryovers 6,535,032 16,670,673 (6,535,032) 10,135,641 16,670,673 Fiscally Responsible Adjustment 325,000 (325,000) (325,000) 0 Municipal Regional Permit 1,869,152 (60,130) (60,130) 1,809,022 Non-Streets CIP Commitments 3,276,777 (23,291) (23,291) 3,253,486 Operating Carryovers 2,014,571 963,754 (2,014,571) (1,050,817) 963,754 Parks and Streets Contingency 201,270 201,270
Pension and OPEB 18,000,000 18,000,000
Relocate Parks Department 500,000 500,000
Service Continuity 3,150,000 3,150,000
Dublin Blvd Extension Advance 42,500,000 17,000,000 17,000,000 59,500,000 Specific Assigned Reserves
ARPA Revenue Replacement 990,187 990,187
Climate Action Plan 2,823,760 (154,335) (154,335) 2,669,424 Contribution to ISF 1,500,000 (1,500,000) (1,500,000) 0 Façade Improvement Grants 429,972 429,972
Library Tenant Improvement 1,000,000 1,000,000
Civic Center Improvements (CIP) 3,010,829 (722,132) (722,132) 2,288,697 Pavement Management 2,000,000 2,000,000
Public Safety Complex (CIP) 1,022 (1,022) (1,022) 0
Village Parkway Pavement Reconstruction 15,900,156 5,000,000 (156,543) 4,843,457 20,743,613 Unassigned $44,347,900 $14,250,215 ($14,541,575) ($291,360) $44,056,540 Unassigned-Unrealized Gains (14,061,701) 7,022,273 0 7,022,273 (7,039,428) Unassigned (Available) 58,409,602 51,095,968
TOTAL RESERVES $249,736,608 $69,277,512 ($32,834,609) $36,442,903 $286,179,512 Attachment 3
254
FY 2023-24 4th Quarter Financial
Review and Additional Special
Designation of General Fund
Reserves
November 5, 2024
255
General Fund
• Revenues = $134.5 Million ($12.5 Million over budget) • Expenditures = $94.9 Million ($7.8 Million under budget) • Transfers Out = $6.3 Million
Table 1: General Fund Summary
FY 2022-23 FY 2023-24
Total Reserves, Beginning of Year 223,857,505 249,736,608 Revenues 124,787,119 134,468,344
Expenditures (88,523,802) (94,909,329)
Net Operating Budget Impact 36,263,317 39,559,015
Transfers In 109,014 227,051
Unrealized Gain/Loss/Adjustments (3,053,407) 7,022,273
Transfers Out/Contribution to Other (7,439,821) (6,322,616) Reserve Transfer to Public Facility Fee (4,042,819)
Total Reserves, End of Year 249,736,608 286,179,512
Change from Prior Year 36,442,903
256
GF Revenue Summary
Revenues –$12.5 Million over budget
• Property Tax (+$2.1 Million)
– Assessed Value (AV) increase of $1.2 Billion (5.7%)
– Strong Sales in Q3-Q4
– Supplement Property Tax higher than budgeted
• Sales Tax (+$1.3 Million)
– Sales remained stronger than forecasts
– State reporting change of auto sales
• Other Taxes (+$0.9 Million)
– Franchise Taxes
– Property Transfer Taxes
257
GF Revenue Summary
Revenues –$12.5 Million over budget
• Interest Earnings (+$3.0 Million)
– Rates (5.25% -5.50%)
– Portfolio Market Yield Increase
– Cash Balance
• Rental & Leases (+$0.5 Million)
– Facilities/Fields
– Sports Courts
– Picnic Areas
258
GF Revenue Summary
Revenues –$12.5 Million over budget
• Charges for Services (+$2.3 Million)
– Rec Programing (Aquatics)
– Rec Programing (Family)
– Santa Rita
• Other Revenue (+$2.5 Million)
– Community Benefit Payment
– Fire Retiree Health
– Legal Settlement
259
Expenditure Summary
Expenditures – $7.8 Million Under Budget
• Salaries and Wages (-$0.6 Million)
– Vacant Positions
– Hiring Timing
• Benefits (-$0.9 Million)
– Lower Retirement Tier
• Services and Supplies (-$0.7 Million)
– Lower Repair and Maintenance Costs
260
Expenditure Summary
Expenditures – $7.8 Million Under Budget
• Utilities (-$1.3 Million)
– Higher Rates Offset by Lower Utilization
• Contracted Services (-$4.2 Million)
– Development Contracts
261
Transfers Out
• T otal GF Transfers Out = $6.3 Million
– Designated Reserves = $3.7 Million
– Unassigned Reserves = $0.6 Million
– Other (Pension/ISF) = $2.0 Million
262
GF Reserves
Recommendations - Based on Strategic Objectives
• Downtown Public Improvement Reserve
– Increase $10 Million – New Balance = $36.1 Million
• Dublin Boulevard Extension Advance
– Increase $10 Million – New Balance = $59.5 Million
• Village Parkway Pavement Reconstruction Reserve
– Increase $5 Million – New Balance = $20.7 Million
263
GF Reserves
• T otal Reserves = $286 Million
– Includes GF Reserve Transfer to Public Facilities Fee of $4.042 Million
– $51.1 Million Unassigned Cashflow Reserve
• 5.6 months of operating expenses
• Policy calls for 2-4 months
264
Staff Recommendations
• Adopt the Resolution Authorizing Additional Special
Designations of General Fund Reserves for Fiscal Y ear 2023-24 and confirm additional General Fund reserve designations as of June 30, 2024.
265
Questions?
266
STAFF REPORT
CITY COUNCIL
Agenda Item 8.2
DATE: November 5, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Letter of Intent Regarding the Allocation of Fallon Sports Park to Emerald High School Baseball and Softball
Prepared by: Colleen Tribby, City Manager
EXECUTIVE SUMMARY:
The City Council will consider a Letter of Intent between the City and the Dublin Unified School District (DUSD) to accommodate Emerald High School’s baseball and softball teams for priority use of certain fields at Fallon Sports Park during the high school season. The arrangement will also require modifications to other City fields to provide sufficient facilities for other user groups.
STAFF RECOMMENDATION:
Direct Staff to issue a Letter of Intent to Dublin Unified School District (DUSD), committing to Emerald High School’s priority use of the field space and affirming DUSD’s role in making field modifications at Emerald Glen Park.
FINANCIAL IMPACT:
The cost of any modifications to City sports fields, including the addition of related storage containers, will be covered by Dublin Unified School District. The District will also pay the adopted user fees for the rental of Fallon Sports Park under the Public Agency user category. While this is lower than the fees paid by other user types that currently have some allocation of Fallon Sports Park, Staff expects the difference in total revenue to be negligible (an estimated decrease of $2,500).
DESCRIPTION:
Background
Emerald High School (EHS) opened its doors in fall 2024 for its first freshman and sophomore classes. In the prior year, EHS students shared the Dublin High School site, including sports facilities for its freshmen teams. The new EHS site has a gymnasium, football field, and track, but no baseball or softball fields. Staff has been in discussions with Dublin Unified School District 267
(DUSD) on the potential for EHS ball teams to utilize City fields during the high school season (March – May) while still allowing for adequate use of fields by other long-standing community groups, such as Dublin Little League.
Proposal
After evaluating several options and discussing them with DUSD, Dublin Little League, and internally, Staff determined that the most sensible option is to allow EHS to utilize one location, Fallon Sports Park (FSP), for all their ball teams during the high school season, and modify other City fields to satisfy the needs of user groups that would be moved out of FSP during that time.
During the season (March – May), EHS Baseball would have priority use of FSP Field G on a 90- foot diamond, and EHS Softball would have priority use of FSP Fields A and B on 60-foot diamonds (see Diagram 1 below). The infrastructure at FSP already conforms to standards set by the California Interscholastic Federation for high school play. Moreover, the lights at FSP will allow for evening and night play.
Diagram 1 – Fallon Sports Park Layout
Currently, the primary user of FSP Fields A, B, and G from March through May is Dublin Little League for its baseball teams and rapidly growing softball program. The baseball fields are also utilized by outside groups (primarily youth travel teams), and the softball fields are also allocated to adult softball teams. With EHS housed at the three FSP fields, the other user groups would need to be moved. Accordingly, Staff evaluated City fields best suited for a 90-foot baseball diamond and two 60-foot softball fields.
The other parks in the community that have multiple sports fields are Dublin Sports Grounds and Emerald Glen Park. Dublin Sports Grounds has a lighted, 70-foot baseball diamond in addition to six other baseball diamonds, all heavily utilized by Dublin Little League. Modifying these fields is not ideal, as their layouts are not conducive to change without reducing the number of fields in the 268
same footprint.
Emerald Glen has three softball-size (60-foot) diamonds, none of which are currently set up for regulation softball play as they have grass infields and baseball mounds, among other things (Fields A, B, and C in Diagram 2 below). Fields A and C are currently used primarily by Dublin Little League, while Field B is typically allocated to other groups but is underutilized compared to others. Moving the user groups to Emerald Glen is the preferred option, as the layout allows for field changes, there are already softball-size diamonds there, and there is capacity to allocate more users to Field B if converted to a larger diamond dedicated to baseball.
Diagram 2 – Emerald Glen Park Layout
Specifically, the changes needed at Emerald Glen would include, but not be limited to, the following:
Modify Fields A and C to true softball fields, including removing the grass infield and mound, installing a dome backstop if needed, providing storage, providing a portable mound, and providing an adequate mechanism at Field C for scoring. Baseball teams can also continue to use these fields as well, but they will primarily allow for regulation softball games.
Modify Field B to a 90-foot baseball diamond, including realigning the baseline, providing back netting as necessary, providing storage, and providing an adequate mechanism for scoring.
Staff’s desire is that in addition to funding the field modifications, DUSD manage the project, including bidding and construction, while the City would issue an encroachment permit and perform inspections of the work.
269
Letter of Intent and Timing
The attached Letter of Intent summarizes the City’s commitment and expectations for this arrangement, which allows DUSD to begin planning for the work. The parties have agreed that the work would be done prior to the start of the 2025-26 high school ball season and without significant disruption to other community groups’ use of Emerald Glen. As for the upcoming ball season, the City can accommodate EHS baseball and softball teams (one team for each sport) without any modifications. This has also been agreed to by Dublin Little League, who will redistribute their teams to other facilities this season.
Next Steps
If the City Council approves the Letter of Intent, Staff will work with DUSD on a definitive agreement that preserves EHS’s use of Fallon Sports Park and describes in detail the work to be done at Emerald Glen. In the meantime, Staff will continue working collaboratively with all user groups to allocate field space according to our rental policies and procedures.
Finally, Staff also intends to re-open the long-standing joint-use agreements in place between the City and DUSD, to ensure that both agencies have full access to each other’s facilities for recreational and enrichment purposes. This includes revisiting the City’s needs for programs like Afterschool Recreation and Junior Warriors.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Letter of Intent
270
November 5, 2024
Chris Funk
Superintendent
Dublin Unified School District
7471 Larkdale Ave
Dublin, CA 94568
Re: Field Usage for Emerald High School
Dear Chris,
This Letter of Intent (“LOI”) is provided to Dublin Unified School District (“DUSD”) as the commitment of the City of Dublin (“City”) to allow priority use of certain fields at Fallon Sports Park by Emerald High School’s baseball and softball teams, beginning with the 2025-26 high school season. This LOI represents the current understanding of the parties, and the parties will work in good faith to negotiate and present to their respective legislative bodies a definitive agreement incorporating the terms and conditions outlined in this LOI.
The City understands that any such arrangement needs to be long -term in nature as part of building and maintaining a successful athletic program at Emerald High School, and the City agrees to prioritize, on an annual basis, DUSD’s needs of Fallon Sports Park during the high school baseball and softball seasons to achieve that. The City expects that DUSD will make field reservations through the normal process followed by all user groups, including paying field usage fees set forth in the City’s Master Fee Schedule.
The allocation of field space to Emerald High School requires modifications to other City fields at Emerald Glen Park ( “EGP”) to allow for community user groups to move out of Fallon Sports Park . The City’s commitment is based on DUSD’s intention to pay for those modifications. The required changes include, but are not limited to:
Modifying EGP Fields A and C to regulation softball fields. Modifying EGP Field B to a regulation 90-foot baseball diamond.
Furthermore, the parties agree that they will in conjunction with the definitive agreement review and update all joint -use agreements between the parties to update each agency’s facilities inventory and ensure that all facilities are made appropriately available and prioritized for use by either agency.
If the terms and conditions described above are acceptable, please indicate your agreement by signing below and returning a copy of this LOI.
Attachment 1
271
We look forward to working with you in enhancing t he recreational and enrichment opportunities for DUSD families as well as the entire community.
Sincerely,
Colleen Tribby
City Manager
AGREED AND ACCEPTED:
DUBLIN UNIFIED SCHOOL DISTRICT
______________________________
Chris Funk, Superintendent
272