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HomeMy WebLinkAbout*September 16, 2025 Regular City Council Meeting Agenda PacketSeptember 16, 2025 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS Peter W. Snyder Council Chamber Dr. Sherry Hu, Mayor Dublin Civic Center Kashef Qaadri, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Michael McCorriston, Councilmember www.dublin.ca.gov John Morada, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, September 16, 2025 Location: Peter W. Snyder Council Chamber 100 Civic Plaza Dublin, CA 94568 CLOSED SESSION 6:00 PM REGULAR MEETING 7:00 PM Additional Meeting Procedures This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures: -Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, September 16, 2025. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed. -Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform. -When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. -Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option. 1 September 16, 2025 Dublin City Council Regular Meeting Agenda 2 CLOSED SESSION 6:00 PM I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney II. CONFERENCE WITH LABOR NEGOTIATORS Agency designed representatives: Councilmembers Josey and McCorriston Unrepresented employee: City Attorney III. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Kingswood Owners Association v. City of Dublin, Alameda County Superior Court Case No. 24CV087642 IV. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) In Purdue Pharma L.P., et al. (S.D. N.Y.), Case No. 19-23649 V. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) In re: National Prescription Opiate Litigation (N.D. Ohio) Case No. 1:17-md-2804 REGULAR MEETING 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. PRESENTATIONS AND PROCLAMATIONS 3.1 Presentation of the Constitution Week Proclamation The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution. STAFF RECOMMENDATION: Present the proclamation. Staff Report Attachment 1 - Constitution Week Proclamation 3.2 Employee Introductions New City of Dublin staff members, Lacey Bockhaus, Digital Communications Technician with the City Manager’s Office, and Christina Brekelmans, Recreation Coordinator with Parks and Community Services, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin staff members. Staff Report 2 September 16, 2025 Dublin City Council Regular Meeting Agenda 3 4. PUBLIC COMMENT At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 5. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 5.1 Approval of September 2, 2025 Regular City Council Meeting Minutes The City Council will consider approving the minutes of the September 2, 2025 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 2, 2025 Regular City Council Meeting. Staff Report Attachment 1 - September 2, 2025 Regular City Council Meeting Minutes 5.2 Authorizing the Enforcement of the California Vehicle Code Within the Wallis Ranch Subdivision and Approving an Agreement for Traffic Enforcement Services The City Council will consider entering into another agreement for Dublin Police Services to provide traffic enforcement within the Wallis Ranch subdivision. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement with the Wallis Ranch Homeowner’s Association for the Provision of Traffic Enforcement Services. Staff Report Attachment 1 - Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement Attachment 2 - Exhibit A to the Resolution - Agreement Between the City of Dublin and Wallis Ranch Homeowners Association Regarding Enhanced Police Services 5.3 Fourth Amendment to the Land Lease with U.S. Bank National Association The City Council will consider a Fourth Amendment to the Land Lease between the City of Dublin and U.S. Bank National Association. STAFF RECOMMENDATION: Adopt the Resolution Approving the Fourth Amendment to the Land Lease Between the City of Dublin and U.S. Bank National Association. Staff Report Attachment 1 - Resolution Approving the Fourth Amendment to the Land Lease between the City of Dublin and U.S. Bank National Association 3 September 16, 2025 Dublin City Council Regular Meeting Agenda 4 Attachment 2 - Exhibit A to the Resolution - Fourth Amendment to the Land Lease between the City of Dublin and U.S. Bank National Association 5.4 Payment Issuance Report and Electronic Funds Transfer The City Council will receive a listing of payments issued from August 1, 2025 – August 31, 2025, totaling $24,541,574.76. STAFF RECOMMENDATION: Receive the report. Staff Report Attachment 1 - Payment Issuance Report for Aug 2025 5.5 Adoption of the City of Dublin Title VI Program The City Council will consider adopting the City of Dublin Title VI Program in accordance with a statue provision of the Civil Rights Act of 1964 that prohibits discrimination in any program or activity receiving federal financial assistance. The Title VI Program ensures compliance through a public notice of rights, complaint procedures, designation of a Title VI Coordinator, and ongoing reporting to the California Department of Transportation, which is responsible for distributing Federal Highway Administration funds to local agencies. STAFF RECOMMENDATION: Adopt the Resolution Adopting the City of Dublin Title VI Program. Staff Report Attachment 1 - Resolution Adopting the City of Dublin Title VI Program Attachment 2 - Exhibit A to the Resolution - City of Dublin Title VI Program 5.6 2025 Development Agreement Review The City Council will receive a report on the annual review of active Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code. STAFF RECOMMENDATION: Adopt the Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements. Staff Report Attachment 1 - Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements 6.PUBLIC HEARING – None. 7.UNFINISHED BUSINESS – None. 8.NEW BUSINESS 8.1 Annual Review of the City’s Statement of Investment Policy The City Council will consider a resolution completing the annual review of the Statement of Investment Policy. The Policy has been updated to align with the City’s Mission, Vision, and Values, as identified in the City’s Strategic Plan by adding three new categories to the 4 September 16, 2025 Dublin City Council Regular Meeting Agenda 5 prohibited investment list. Additionally, City Staff relocated existing prohibitions into the designated “Prohibited Investments” section for consistency and clarity. While not required by statute, annual review of a local agency’s investment policy is recommended by the California Debt and Investment Advisory Commission and is included as a requirement in the City Policy. STAFF RECOMMENDATION: Adopt the Resolution Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions. Staff Report Attachment 1 - Resolution Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions Attachment 2 - Exhibit A to the Resolution - Statement of Investment Policy for the City of Dublin Attachment 3 - Statement of Investment Policy for the City of Dublin Redline Attachment 4 - June 2, 2025 Finance and Investment Committee Agenda Item #2.2 Staff Report (No Attachments) Item 8.1 - PowerPoint Presentation 8.2 Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance The City Council will consider approving an agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance. STAFF RECOMMENDATION: Adopt the Resolution Approving the Contractor Services Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance and approve the budget change. Staff Report Attachment 1 - Resolution Approving the Contractor Services Agreement with East Bay Pool Service, Inc for Aquatic Facilities Maintenance Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement Between City of Dublin and East Bay Pool Service, Inc. for Aquatic Facilities Maintenance Attachment 3 - Proposal - East Bay Pool Service, Inc Attachment 4 - Request for Proposals Attachment 5 - Budget Change Form - Aquatics Maintenance Agreement FY 2025-26 Item 8.2 PowerPoint Presentation 9. CITY MANAGER AND CITY COUNCIL REPORTS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for 5 September 16, 2025 Dublin City Council Regular Meeting Agenda 6 reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility. Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion. 6 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.1 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Presentation of the Constitution Week Proclamation Prepared by: Vanessa Rosales, Deputy City Clerk EXECUTIVE SUMMARY: The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: Constitution Week commemorates one of America’s most important founding documents. It is celebrated annually during the week of September 17-23. The purpose of the Constitution Week celebrations are to:  Emphasize citizens’ responsibilities to protect and defend the Constitution.  Inform people that the Constitution is the basis for America’s great her itage and the foundation for our way of life.  Encourage the study of the historical events which led to the framing of the Constitution in September 1787. STRATEGIC PLAN INITIATIVE: None. 7 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Constitution Week Proclamation 8 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Constitution Week” September 17 - 23, 2025 WHEREAS, September 17, 2025 marks the 238th anniversary of the signing of the Constitution of the United States of America by delegates of the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to th e patriotic celebrations which will commemorate the occasion; and WHEREAS, the National Society of the Daughters of the American Revolution (NSDAR) upholds the goals of Constitution Week, supporting Dublin libraries, schools, and civic organizations in teaching all citizens, especially youth and newly naturalized citizens, about our founding documents; and WHEREAS, the local Jose Maria Amador NSDAR chapter runs an annual Constitution Week Poster Contest to raise awareness and inspire Dublin’s citizens; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the Presi dent of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim September 17, 2025 through September 23, 2025, as Constitution Week in the City of Dublin, and encourages its residents to reaffirm the ideals that the framers of the Constitution had in 1787 by vigilantly protecting the freedom guaranteed through this guardian of liberties, and remembering that lost rights may never be regained. DATED: September 16, 2025 9 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.2 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Employee Introductions Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY: New City of Dublin staff members, Lacey Bockhaus, Digital Communications Technician with the City Manager’s Office, and Christina Brekelmans, Recreation Coordinator with Parks and Community Services, will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin staff members, Lacey Bockhaus, Digital Communications Technician with the City Manager’s Office, and Christina Brekelmans, Recreation Coordinator with Parks and Community Services, will be introduced. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. 10 Page 2 of 2 ATTACHMENTS: None. 11 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 5.1 EXECUTIVE SUMMARY: The City Council will consider approving the minutes of the September 2, 2025 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the September 2, 2025 Regular City Council Meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approving the minutes of the September 2, 2025 Regular City Council Meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) September 2, 2025 Regular City Council Meeting Minutes DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Approval of September 2, 2025 Regular City Council Meeting Minutes Prepared by: Vanessa Rosales, CMC, Deputy City Clerk 12 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: September 2, 2025 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 2, 2025 The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings REGULAR MEETING 7:00 PM A Regular Meeting of the Dublin City Council was held on Tuesday, September 2, 2025, in the Peter W. Snyder Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hu. 1) CALL TO ORDER Attendee Name Status Dr. Sherry Hu, Mayor Present Kashef Qaadri, Vice Mayor Present Jean Josey, Councilmember Present Michael McCorriston, Councilmember Present John Morada, Councilmember Present 2) PLEDGE OF ALLEGIANCE 3) PRESENTATIONS AND PROCLAMATIONS 3.1) Recognition of the Dublin Leprechauns The City Council recognized the Dublin Leprechauns for their successful 2025 season and first round Pecos League playoff series win. 3.2) Preview of Splatter 2025 The City Council received a presentation previewing Splatter 2025, taking place at Emerald Glen Park on September 13, 2025. 3.3) Employee Introduction New City of Dublin staff member, Jennifer Byous, Principal Planner with the Community Development Department was introduced. Attachment 1 13 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 2, 2025 4) PUBLIC COMMENT Mike Grant provided public comment. Jeanine Gillengerten provided public comment. 5) CONSENT CALENDAR 5.1) Approved the August 19, 2025, Regular City Council Meeting Minutes. 5.2) Adopted Resolution No. 75-25 titled, “Approving an Amendment to the Agreement Between the City of Dublin and the County of Alameda for Traffic Signal and Street Lighting Maintenance, and Real Estate Services.” On a motion by Councilmember Josey, seconded by Vice Mayor Qaadri, and by unanimous vote, the City Council adopted the Consent Calendar items. 6) PUBLIC HEARING – None. 7) UNFINISHED BUSINESS – None. 8) NEW BUSINESS 8.1) Ballot Designation Guidelines for Local Elections The City Council received a presentation on the Ballot Designation Guidelines for Local Elections that incorporate all applicable federal, state and local laws, regulations, and standards. Mayor Hu opened the public comment period. Upon receiving no public comment, Mayor Hu closed the public comment period. On a motion by Mayor Hu, seconded by Councilmember McCorriston, and by unanimous vote, the City Council adopted Resolution No. 76-25 titled, “Approving Ballot Designation Guidelines for Local Elections,” as amended to revise Category 4 in Exhibit A to reflect ‘titles for government offices are limited to titles for elected offices.’ RESULT: ADOPTED [UNANIMOUS] MOVED BY: Jean Josey, Councilmember SECOND: Kashef Qaadri, Vice Mayor AYES: Hu, Josey, McCorriston, Qaadri, Morada RESULT: ADOPTED [UNANIMOUS] MOVED BY: Sherry Hu, Mayor 14 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING September 2, 2025 8.2) Report on Red Light Camera Program The City Council received a report on red light camera program. Mike Grant provided a public comment. By consensus, the City Council directed Staff to have Dublin Police Services continue to monitor traffic in the city and to come back with new data after the 2028 Local Roadway Safety Plan (LRSP). 8.3) Temporary Non-Commercial Signs Enforcement The City Council received a report on the City’s regulation of political campaign signs and potential amendments to strengthen the enforcement of those regulations . Mayor Hu opened the public comment period. Upon receiving no public comment, Mayor Hu closed the public comment period. By consensus, the City Council directed Staff to implement the recommendation to adjust the sign display time limit, require a consent form for placement of signs on private property, and implement a sign retrieval fee, plus invoice for the fee regardless of whether the sign is collected. 9) CITY MANAGER AND CITY COUNCIL REPORTS The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234). 10) ADJOURNMENT Mayor Hu adjourned the meeting at 9:57 PM. Mayor ATTEST: City Clerk SECOND: Michael McCorriston, Councilmember AYES: Hu, Josey, McCorriston, Qaadri, Morada 15 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.2 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Authorizing the Enforcement of the California Vehicle Code Within the Wallis Ranch Subdivision and Approving an Agreement for Traffic Enforcement Services Prepared by: Miguel Campos, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider entering into another agreement for Dublin Police Services to provide traffic enforcement within the Wallis Ranch subdivision. STAFF RECOMMENDATION: Adopt the Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement with the Wallis Ranch Homeowner’s Association for the Provision of Traffic Enforcement Services. FINANCIAL IMPACT: All costs associated with the provision of traffic enforcement to the Wallis Ranch subdivision will be reimbursed by the Wallis Ranch Homeowner’s Association, per the agreement. DESCRIPTION: California Vehicle Code Sections 21107.5 and 21107.7 allow for law enforcement officers to enforce speed limits on private roads if certain procedures are followed by the road owners and the enforcing agency and certain conditions are met. On June 20, 2023, City Council adopted Resolution 77-23, to authorize enforcement of the California Vehicle Code to privately owned roads within the Wallis Ranch subdivision and approve an agreement with the Wallis Ranch Homeowner’s Association for the provision of Traffic Enforcement Services. Wallis Ranch Homeowner’s Association would like to continue these until July 31, 2027. Consistent with the previous agreement, Dublin Police Services will provide two officers, each 16 Page 2 of 2 for four hours per week, providing enforcement services specifically for the Wallis Ranch subdivision. The officers will be under the direction of the Dublin Police Services Captain. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an Agreement with the Wallis Ranch Homeowner’s Association for the Provision of Traffic Enforcement Services 2) Exhibit A to the Resolution – Agreement Between the City of Dublin and Wallis Ranch Homeowner’s Association Regarding Enhanced Police Services 17 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE TO PRIVATELY OWNED ROADS WITHIN THE WALLIS RANCH SUBDIVISION AND APPROVING AN AGREEMENT WITH THE WALLIS RANCH HOMEOWNER’S ASSOCIATION FOR THE PROVISION OF TRAFFIC ENFORCEMENT SERVICES WHEREAS, California Vehicle Code Section 21107.7 allows a city to authorize that provisions of the California Vehicle Code be enforced on privately owned and maintained roads near or connected to public highways; and WHEREAS, the roads within the subdivision known as Wallis Ranch are to be privately owned and maintained by the Wallis Ranch Homeowner’s Association (the “Association”); and WHEREAS, a public hearing was held and City Council approved Resolution 77 -23 on June 20, 2023, to authorize enforcement of the California Vehicle Code to privately owned roads within the Wallis Ranch subdivision and approving an agreement with the Wallis Ranch Homeowner’s Association for the provision of Traffic Enforcement Services; and WHEREAS, Wallis Ranch Homeowner’s Association wishes to continue authorizing enforcement of the California Vehicle Code on privately owned roads within the Wallis Ranch Subdivision; and WHEREAS, the City has prepared an agreement for Dublin Police Services to provide traffic enforcement services to Wallis Ranch subdivision, whereby the City will be reimbursed for all costs associated with the provision of such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby: 1) find and declare that the aforementioned privately owned and maintained roads are not generally held open for use of the public for pur poses of vehicular travel but, by reason of their proximity to or connection with highways, the interests of any residents residing along the roads and the motoring public will best be served by application of the provisions of the California Vehicle Code to those roads; and 2) approve the agreement attached hereto as Exhibit A for the City, via Dublin Police Services, to provide traffic enforcement services to the Wallis Ranch subdivision. BE IT FURTHER RESOLVED that the City Council approves delegation of the authority to the City Manager to approve future agreements that are not inconsistent with the attached agreement, other than increases in the rates. 18 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 BE IT FURTHER RESOLVED that the City Manager is authorized to execute agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of September 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 19 AGREEMENT BETWEEN THE CITY OF DUBLIN AND WAL LIS RANCH HOME OWNER'S ASSOCIATION REGARDING ENHANCED POLICE SERVICES Attachment 2 This agreement is made and entered into between the City OF DUBLIN (the "City") and WALLIS RANCH HOMEOWNER'S ASSOCIATION (the "Association") (individually "Party" and collectively "Parties") as of August 1, 2025 (the "Effective Date") regarding enhanced police services ("Agreement"). RECITALS WHEREAS, the Association wishes to receive enhanced police protection services from the City through the assignment of two (2) sworn Du blin Police Officers to patrol and enforce moving vehicle violations pursuant to the California Vehicle Code and Dublin Municipal Code on Association-owned streets; and WHEREAS, in recognition of the expense to the City of permitting two (2) Officers to provide such enhanced police protection services, the Association will remit the cost for such services by paying the City the Officers' hourly rate as set forth herein, not to exceed four (4) hours per week per Off icer. The Parties agree and acknowledge that these services are not provided for profit, and neither Party expects or anticipates that the City will realize any profit or direct financial benefit as a result of this Agreement; and WHEREAS, the City will provide enhanced police protection services pursuant to the terms and conditions of this Agreement provided that such services do not: (A)Impair or interfere with the City's ability to meet its other law enforcement responsibilities; and (B)Result in any City loss of operational efficiency or readiness. NOW, THERE FORE, in consideration of the foregoing Recitals, which are true and correct and incorporated herein, and the promises, agreements, representations, and acknowledgments contained in this Agreement and all the Exhibits hereto, ii is mutually agreed as follows: 1.Term of the Agreement The term of Agreement shall commence on the Effective Date and conclude on July 31, 2027, unless the term of the Agreement is otherwise terminated as provided for in Section 6. 2.Scope of Services to be Provided by the City to the Association 2.1. The City, through Dublin Police Services, agrees to supply two (2) Dublin Police Officers for enhanced police services to patrol and enforce moving vehicle violations pursuant to the California Vehicle Code and Dublin Municipal Code on Association-owned streets as authorized by law for the benefit of the general public for no more than four (4) hours per week per Officer ("Resource Officer"). The Resource Officers shall perform tne services provided for in Exhibit A attached hereto and incorporated by this reference. 2.2. The Association shall coordinate the services needed through the Captain of Du blin Police 1 Exhbitit A to the Resolution 20 21 22 23 24 25 26 27 28 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.3 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Fourth Amendment to the Land Lease with U.S. Bank National Association Prepared by: Jordan Foss, Senior Management Analyst EXECUTIVE SUMMARY: The City Council will consider a Fourth Amendment to the Land Lease between the City of Dublin and U.S. Bank National Association. STAFF RECOMMENDATION: Adopt the Resolution Approving the Fourth Amendment to the Land Lease Between the City of Dublin and U.S. Bank National Association. FINANCIAL IMPACT: The Lease Amendment will provide the City with rental income for the lease term in the amount of $119,040 for the first year, with subsequent annual adjustments of 1% on November 1 of each year. Staff recommends that all future lease revenue be deposited in a General Fund assigned reserve to fund any future desired building improvements. DESCRIPTION: In May 2007, the City acquired fee title to the real property formerly known as the Dublin Square Shopping Center located at 11759 Dublin Boulevard (APN 941 -1560-007-01) from Berkeley Land Company through a Purchase and Sale Agreement. The City acquired the property for the development of Dublin Heritage Park and Museums. By acquiring the property, the City then became the landlord for U.S. Bank’s Land Lease dated April 14, 1967, and Lease Amendment dated May 9, 1990. Since then, the City has executed two further amendments to extend the term and update the rental rate on December 18, 2007, and July 22, 2019. The current lease amendment is set to expire on October 31, 2027. At this time, the City and U.S. Bank National Association (as tenant) desire to amend th e lease to extend the term by five years and adjust the rent to include an annual escalator. 29 Page 2 of 2 Furthermore, Staff recommends that all lease revenue continue to be deposited in a General Fund assigned reserve to fund building improvements when the City assumes the building. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Fourth Amendment to the Land Lease Between the City of Dublin and U.S. Bank National Association 2) Exhibit A to the Resolution - Fourth Amendment to the Land Lease Between the City of Dublin and U.S. Bank National Association 30 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 09/16/2025 Page 1 of 1 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FOURTH AMENDMENT TO THE LAND LEASE BETWEEN THE CITY OF DUBLIN AND U.S. BANK NATIONAL ASSOCIATION WHEREAS, in May 2007 the City acquired the property formerly known as the Dublin Square Shopping Center, located at 11759 Dublin Boulevard (APN 941 -1560-007-01) for the development of Dublin Heritage Park and Museums; and WHEREAS, by acquiring the property, the City became the landlord of U.S. Bank National Association’s Land Lease dated April 14, 1967, which was subsequently amended on May 9, 1990, December 18, 2007, and July 19, 2022; and WHEREAS, the term of the current lease amendment is set to expire on October 31, 2027 and the City and U.S. Bank National Association desire to amend the original Land Lease to extend the lease term by five years and adjust the rent to include an annual 1% escalator ; and WHEREAS, the City and U.S. Bank National Association have negotiated a Fourth Amendment to the Land Lease, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Fourth Amendment to the Land Lease between the City of Dublin and U.S. Bank National Association. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Fourth Amendment to the Land Lease , attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of September 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 31 Fourth Amendment to Land Lease November 1, 2027 Between the City of Dublin and U.S. National Bank Assoc. Page 1 of 5 FOURTH AMENDMENT TO LAND LEASE THIS FOURTH AMENDMENT TO LAND LEASE (this “Amendment”) is made effective as of _______________________________ (the “Effective Date”), by and between the City of Dublin, a California Municipal Government (“Lessor”), and U.S. Bank National Association, a national banking association (“Lessee”). RECITALS A.Berkeley Land Company (“Original Lessor”) and First National Bank of Pleasanton (“Original Lessee”) entered into that certain Land Lease dated as of April 14, 1967 (the “Original Land Lease”), under which Original Lessor leased to Original Lessee, the real property located at the address commonly known as 11805 Dublin Boulevard, Dublin, California (APN 941-1560-007-01) and legally described in the Original Lease (the “Premises”). The Original Land Lease was subsequently extended by letter dated December 5, 1986. B.Original Lessor and Community First National Bank, as successor-in-interest to Original Lessee, entered into that certain Lease Amendment dated as of May 9, 1990 (the “First Amendment”). C.Lessor succeeded to the interest of Original Lessor pursuant to that certain Assignment and Assumption of Leases dated May 9, 2007, under which Lessor acquired all of Original Lessor’s right, title and interest in, to and under the Original Lease, as amended. D.Lessor and Lessee subsequently entered into that certain Second Amendment to Land Lease dated as of December 18, 2007 (the “Second Amendment”). E.Lessor and Lessee subsequently entered into the Third Amendment to Land Lease dated as of July 19, 2022 (the “Third Amendment”). F.The Original Lease, the First Amendment, Second Amendment, and Third Amendment shall hereinafter be collectively referred to as the “Lease”. G.The term of the Lease is set to expire on October 31, 2027, and Lessor and Lessee desire to amend the Lease to alter certain provisions thereof upon the terms and conditions set forth below. NOW, THEREFORE, for valuable considerations, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee agree as follows. 1.Term. The term of this Lease shall be extended for an additional period of five (5) years commencing on November 1, 2027 and expiring on October 31, 2032 (the “Extended Term”). Lessee is to provide Lessor with at least twenty-four (24) months written notice inquiring about any future term extension. The Lessor will be required to respond in writing within sixty (60) days of receiving the written notice from the Lessee with either: (i) Lessor’s rejection of any further extension of the Term, or (ii) the terms on which Lessor will agree to extend the Term of the Lease. If Lessee accepts such terms, within 60 days following such written notification of Lessee’s acceptance, the parties shall memorialize such extension of the Lease in a written amendment to the Lease. Attachment 2 Exhibit A to Resolution 32 Fourth Amendment to Land Lease November 1, 2027 Between the City of Dublin and U.S. National Bank Assoc. Page 2 of 5 2. Rent. Commencing on November 1, 2027, Lessee shall pay to Lessor annual rent in the amount of One Hundred Nineteen Thousand Forty and 00/100 Dollars ($119,040.00) in advance in equal monthly installments of Nine Thousand Nine Hundred Twenty and 00/100 Dollars ($9,920.00). Beginning on November 1, 2028, and on each subsequent anniversary of this date, the annual rent shall increase by one percent (1%) of the previous year’s annual rent. 3. Directional Signage. U.S. Bank shall have the right, at its sole cost and expense, to install directional signage on the Premises for purposes of directing the flow of traffic to, from and within the Premises. 4. Surrender. The parties deem Lessee to be the owner of the approximately 3,100 square foot building and improvements located on the Premises (the “Improvements”) so long as the Lease remains in effect. Upon expiration of this Lease, Lessee shall surrender the Premises to Lessor and leave any Improvements in their as-is, where-is condition. Lessee, at its sole cost and expense, shall remove Lessee’s signs, including directional signage, furniture, equipment (other than building service equipment, such as HVAC equipment), appliances, trade fixtures, personal property and inventory at the expiration of the Lease Term. The Improvements and the appurtenances thereto remaining upon the Premises after surrender thereof shall automatically become the property of the Lessor from and after the expiration of the Lease term. Upon the expiration of this Lease, or the sooner termination thereof, upon Lessor’s written request, Lessee agrees to execute, acknowledge, and deliver to Lessor a proper instrument in writing drafted by Lessor, at its sole expense, releasing, and quitclaiming to Lessor all right, title, and interest of Lessee in and to the Premises and all improvements thereon. Notwithstanding anything herein to the contrary, Lessor must provide Lessee with written notice of any claim or demand relating to this Section or the surrender condition of the Premises on or before the thirtieth (30th) day after the earlier of the day on which (i) Lessee surrenders the Premises to Lessor, or (ii) the Lease term expires or the Lease otherwise terminates. If Lessor fails to provide such notice, Lessor shall be deemed to have waived all claims against Lessee for any damages that arise out of or money owed as a result of Lessee’s surrender of the Premises. Nothing by way of this section is intended to relieve Lessee of its obligation to surrender the Premises at the expiration of the Lease Term. This Section 4, is intended to, and expressly does, replace and supersede Section 10, Option to Purchase Building of the Original Land Lease. 5. Operating. Notwithstanding anything to the contrary contained in the Lease, Lessee shall not be required to operate at the Premises and shall not be subject to any operating restrictions within any distance or geographic area surrounding the Premises. 6. Self-Insurance. Notwithstanding anything to the contrary contained in the Lease, Lessee shall have the right to self-insure, in whole or in part, for any insurance requirement contained in the Lease. 7. Confidentiality. Lessor acknowledges that Lessee is a federally regulated financial institution that must comply with the safeguards for customer information contained in the Gramm-Leach-Bliley Act and regulations promulgated pursuant to the Gramm-Leach-Bliley Act. Lessee agrees to take reasonable measures to protect its confidential and proprietary information, including but not limited to Lessee’s customer, commercial or technical information (collectively, “Confidential Information”). 33 Fourth Amendment to Land Lease November 1, 2027 Between the City of Dublin and U.S. National Bank Assoc. Page 3 of 5 In certain situations contemplated under this Lease, Lessor may have access to the Premises and, therefore, to Lessee’s Confidential Information. Lessor hereby agrees that it shall not reproduce or disclose any of Lessee’s Confidential Information to any third party nor may it remove any such Confidential Information from the Premises. Notwithstanding anything to the contrary in this Lease, upon expiration of this Lease, if any Confidential Information remains on the Premises, Lessor shall either return the same to Lessee or destroy it. If Lessor or any of its representatives or agents breaches the covenants set forth in this paragraph, irreparable injury may result to Lessee or such third parties entrusting Confidential Information to Lessee. Therefore, Lessee’s remedies at law may be inadequate and Lessee shall be entitled to seek an injunction to restrain any continuing breach. If Lessor or any of its agents knows or reasonably believes that any Confidential Information in Lessor’s control has been stolen, disclosed, lost, or is unaccounted for (collectively, a “Disclosure”), Lessor must immediately notify Lessee and take commercially reasonable measures to assist Lessee in determining the extent of the Disclosure. 8. Authority. Lessor and Lessee represent and warrant that each has all the necessary approvals and authority to enter into this Lease and shall indemnify and hold each other harmless for any breach of this representation and warranty. 9. No Existing Defaults. Lessor and Lessee represent and warrant that there are currently no defaults by either party under the Lease. 10. Notices. Any notices to Lessor and/or Lessee under this Lease must be in writing and must be hand- delivered, sent by prepaid certified mail or by reputable overnight courier addressed to the following, all other notice requests shall remain as stated herein: Lessee: U.S. Bank National Association Attn: Corporate Real Estate 800 Nicollet Mall, BC-MN-H15F Minneapolis, Minnesota 55402 With a copy to: U.S. Bank National Association 800 Nicollet Mall, BC-MN-H21R Minneapolis, Minnesota 55402 Attn: Corporate Real Estate Counsel Lessor: City of Dublin 100 Civic Plaza Dublin, California 94568 Attn: Colleen Tribby, City Manager With a copy to: Redwood Public Law, LLP 409 13th Street, Suite 600 Oakland, California 94612 Attn: John D. Bakker, City Attorney 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 34 Fourth Amendment to Land Lease November 1, 2027 Between the City of Dublin and U.S. National Bank Assoc. Page 4 of 5 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. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 12. Ratification. All of the terms of the Lease, as amended hereby, are hereby ratified and confirmed. 13. Defined Terms. Unless otherwise stated, all capitalized words in this Amendment that are not normally capitalized shall have the meaning ascribed in the Lease. 14. Entire Agreement. This Amendment, together with the Original Land Lease contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements between the Parties with respect thereto. [Space Intentionally Left Blank; Signature Page Follows] 35 Fourth Amendment to Land Lease November 1, 2027 Between the City of Dublin and U.S. National Bank Assoc. Page 5 of 5 IN WITNESS WHEREOF, LESSOR AND LESSEE have executed this Amendment on the date first above written. LESSOR: LESSEE: CITY OF DUBLIN, U.S. BANK NATIONAL ASSOCIATION, A California Municipal Government a national banking association By: Colleen Tribby By: _______________________________________ Its: City Manager Its: _______________________________________ Attest: Marsha Moore, City Clerk Approved as to Form: City Attorney Digitally signed by Brian Collins Date: 2025.08.19 12:53:49 -04'00' 36 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.4 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Payment Issuance Report and Electronic Funds Transfer Prepared by: Gloria Tai, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from August 1, 2025 – August 31, 2025, totaling $24,541,574.76. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: Summary of Payments Issued Report Period: August 1, 2025 – August 31, 2025 Total Number of Payments: 371 Total Amount of Payments: $24,541,574.76 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning August 1, 2025, through August 31, 2025. This report is provided in accordance with the City Payments Policy adopted November 15, 2011 by Resolution No.1 89-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 37 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Payment Issuance Report for August 2025 38 Date Issued 8/1/2025 8/1/2025 8/1/2025 8/1/2025 8/1/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 7/25/25 25,308.77 HEALTHEQUITY, INC.HEALTHEQUITY: PE 7/25/2025 4,009.14 City of Dublin Payment Issuance Report Print Date: 9/2/2025 Payments Dated 8/1/2025 through 8/31/2025 Page 1 of 6 Payee Description Amount 4LEAF INC.DEVELOPMENT AND PERMITS PLAN REVIEW JUN 2025 3,952.50 US BANK - PARS PARS: PE 7/25/2025 10,728.55 Payments Issued 8/1/2025 Total:75,532.68 I C M A 401 PLAN DEFERRED COMP 401: PE 7/25/2025 1,480.09 I C M A 457 PLAN DEFERRED COMP 457: PE 7/25/25 34,006.13 ADITYA T. BABU CLUB V.I.P. VOLLEYBALL REC CLASS INSTRUCTOR 2,236.80 ABDALIAN PIANO SERVICE PIANO TUNING SERVICES - SHANNON COMMUNITY CENTER 240.00 ACTIVE NETWORKS, LLC ACTIVENET ANNUAL SUBSCRIPTION 7/01/25 - 6/30/26 58,476.60 4LEAF INC.DEVELOPMENT AND PERMITS PLAN REVIEW MAY 2025 340.00 A4 PROMOTIONS & INCENTIVES PRINTING SERVICES - PCS SUMMER CONCERTS SIGNAGE 679.00 ALAMEDA CO SURPLUS PROP AUTHOR BART GARAGE FEES COLLECTED 122,540.72 ALAMEDA COUNTY ENVIRONMENTAL HEALTH ALCO HEALTH PERMIT FIRE STATION #16 AUG 2025 852.00 ALAMEDA CO SHERIFF'S OFFICE EVIDENCE - ENVELOPES 77.45 ALAMEDA CO SHERIFF'S OFFICE CPU - EXPLORER ACADEMY GRAD PAMPHLETS 60.68 AKSHAY ARORA ARORA TENNIS & FITNESS ACADEMY REC CLASS INSTRUCTOR 8,330.00 ALAMEDA CO SHERIFF'S OFFICE DPS BUSINESS CARDS 33.12 ALAMEDA COUNTY FLOOD CONTROL PERMITS & TRACTS Q4 FY24/25 229,318.65 ALL CITY MANAGEMENT SVCS INC CROSSING GUARD SERVICES - SUMMER SCHOOL JUL 2025 893.40 ALAMEDA COUNTY FIRE DEPARTMENT FIRE SERVICES FY24-25 JUN 2025 1,302,754.00 ALAMEDA COUNTY FLOOD CONTROL LIVING ARROYOS PROGRAM JAN-JUN 2025 7,188.37 ALAMEDA COUNTY ENVIRONMENTAL HEALTH ALCO HEALTH PERMIT HMBP WAVE AUG 2025 852.00 ALAMEDA COUNTY FIRE DEPARTMENT FIRE SERVICES FY25-26 AUG 2025 1,578,858.83 AT&T CVC AT&T IPFLEX VOIP LINE 07/7-8/6/25 35.00 AT&T - CALNET 3 SERVICE TO WAVE 07/12/2025 121.65 ANDREW CANNIZZARO PCS CLASS WITHDRAWN REFUND 108.00 APEX GRADING SCHAEFER RANCH GHAD - MAINTENANCE SERVICES 17,000.00 AMARANTH MURKI DEVELOPER DEPOSIT (DV0347) BALANCE REFUND 4,615.80 AMERICAN REALTY ADVISORS DEVELOPER DEPOSIT (DV0097) BALANCE REFUND 1,321.74 AT&T - CALNET 3 SERVICE TO CY 07/14/2025 61.61 AT&T - CALNET 3 SERVICE TO CY FAX 07/14/2025 31.58 AT&T - CALNET 3 SERVICE TO SR ALARM 07/12/2025 215.76 AT&T - CALNET 3 SERVICE TO LIBRARY 911 07/14/2025 31.58 AT&T - CALNET 3 SERVICE TO 800 07/12/2025 0.01 AT&T - CALNET 3 SERVICE TO SHANNON 07/12/2025 271.76 AT&T - CALNET 3 SERVICE TO ELEVATOR 07/14/2025 91.63 AT&T - CALNET 3 SERVICE TO HERITAGE CTR BK UP 07/06/2025 66.67 AT&T - CALNET 3 SERVICE TO FS18 07/14/2025 91.63 AT&T - CALNET 3 SERVICE TO CY 7/14/2025 236.58 AT&T - CALNET 3 SERVICE TO PSC FIRE ALARM 07/14/2025 61.61 AT&T - CALNET 3 SERVICE TO FSP FAX 07/14/2025 61.61 AXIS COMMUNITY HEALTH HUMAN SRVS ENROLLMENT SPECIALIST GRANT JAN-JUN 2025 3,364.77 BAY AREA NEWS GROUP EAST BAY LEGAL NOTICES - JUL 2025 277.44 AT&T - CALNET 3 SERVICE TO PSC 07/01/2025 121.65 AT&T MOBILITY/ERICSSON,LLC DEVELOPER DEPOSIT (DV0088) BALANCE REFUND 790.50 AT&T - CALNET 3 HERITAGE 9391018979 07/14/2025 31.58 AT&T - CALNET 3 SHANNON CENTER ALARM 93910633 07/12/2025 31.58 BKF ENGINEERS TASSAJARA ROAD GAP CLOSURE PROJECT APR 2025 3,770.00 BPXPRESS IRRIGATION SYST UPGRADE PRODJ - PLAN ROOM MGMT BID PERIOD 429.25 BKF ENGINEERS TASSAJARA ROAD GAP CLOSURE PROJECT JUN 2025 13,455.59 BKF ENGINEERS TASSAJARA ROAD GAP CLOSURE PROJECT MAY 2025 552,596.20 BEST LOCKERS, LLC LOCKER SERVICE AND SOFTWARE FEE 6,780.06 BIG O'TIRES #7 POLICE VEHICLE MAINTENANCE & REPAIRS 1,876.64 BSK ASSOCIATES INC.WALLIS RANCH GEOTECH SRVS FOR SOIL CLASSIFICATION JUN 2025 1,625.25 CALIFORNIA BUILDING STANDARDS COMMISSION JAN-MAR 2025 GREEN FEES 4,206.60 BROOKFIELD BAY AREA HOLDINGS DEVELOPER DEPOSIT (DV0241) BALANCE REFUND 662.59 BSK ASSOCIATES INC.JORDAN RNCH SQ GEOTECH SRVS DURING DESIGN JUN 2025 2,176.50 BRIDGE WIRELESS WAVE WATERPARK HANDHELD RADIOS 4,712.67 BROOKFIELD BAY AREA HOLDINGS DEVELOPER DEPOSIT (DV0239) BALANCE REFUND 746.24 CALLANDER ASSOCIATES INC.MAPE PARK PATHWAY RELO DESIGN SUPPORT JUN 2025 545.66 CALLANDER ASSOCIATES INC.WALLIS RANCH COMM. PARK CONSTRUCTION ADMIN SERVICES JUN 2025 3,234.97 CALIFORNIA BUILDING STANDARDS COMMISSION APR-JUN 2025 GREEN FEES 2,686.50 CALIFORNIA SPIRIT ELITE, INC.REC CLASS INSTRUCTOR 2,520.00 CHRISTINE PETIT REC CLASS INSTRUCTOR 3,636.00 CDW GOVERNMENT INC CISCO CATALYST 9200CX NETWORK SWITCH - FALLON PARK BOOTH 1,375.04 CHRISP COMPANY ON-CALL STRIPING AND MARKING APR 2025 6,751.93 CASCADIA CONSULTING GROUP, INC SB 1383 IMPLEMENTATION ASSISTANCE JUN 2025 816.25 CDW GOVERNMENT INC PWK - CDW CORP YARD ADDITIONAL AV EQUIPMENT 631.78 5,508.16 CLEARGOV INC.CLEARGOV CAPITAL BUDGETING & RENEWAL 19,000.00 COMCAST COMCAST TV - AV TV30 ROOM 7/18-8/17/25 119.98 CITYSERVE OF THE TRI-VALLEY HUMAN SRVS HOMELESS PREVENTION JAN-JUN 2025 11,500.00 CITYSERVE OF THE TRI-VALLEY HUMAN SRVS SENIOR STABILIZATION PROG JAN-JUN 2025 7,920.70 CITY OF PLEASANTON FREEWAY INTERCHANGE DEBT PYMT APR - JUN 2025 24,086.36 CONSOR NORTH AMERICA, INC.BRIDGE INSPECTION JUN 2025 9,857.25 CINTAS CORPORATION NO.2 DPS FIRST AID RESTOCK - JUL 2025 161.42 CONSOR NORTH AMERICA, INC.DEVELOPMENT MAP REVIEW JUN 2025 764.00 CONSOR NORTH AMERICA, INC.KOOPMAN CANYON CREEK CHANNEL & BANK REPAIR CM JAN 2025 11,125.75 CONSOR NORTH AMERICA, INC.BRIDGE INSPECTION MAY 2025 1,146.00 CONSOLIDATED ENGINEERING DCAC SPECIAL INSPECTION & TESTING JUN 2025 1,285.24 CONSOLIDATED ENGINEERING 2025 ANNUAL STREET RESURFACING JUN 2025 Attachment 1 39 City of Dublin Payment Issuance Report Print Date: 9/2/2025 Payments Dated 8/1/2025 through 8/31/2025 Page 2 of 6 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 CSW/STUBER-STROEH ENGINEERING GROUP, INC.VILLAGE PARKWAY RECONSTRUCTION-DESIGN SVCS JUN 2025 24,019.14 CSW/STUBER-STROEH ENGINEERING GROUP, INC.STORMWATER BUSINESS INSPECTIONS APR 2025 9,351.50 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE FEB 2025 285.00 CSW/STUBER-STROEH ENGINEERING GROUP, INC.VILLAGE PARKWAY RECONSTRUCTION-DESIGN SVCS MAY 2025 47,972.73 CONTRA COSTA CO.-PUBLIC WORKS DESIGN ENVIRO SVCS-TASSAJARA RD REALIGNMENT APR-JUN 2025 4,667.09 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE JAN 2025 332.50 CSW/STUBER-STROEH ENGINEERING GROUP, INC.STORMWATER BUSINESS INSPECTIONS JUN 2025 10,646.50 DAVID L. GATES & ASSOCIATES, INC.IRRIGATION UPGRADES MAY 2025 2,330.00 CSW/STUBER-STROEH ENGINEERING GROUP, INC.STORMWATER BUSINESS INSPECTIONS MAY 2025 17,996.50 DEPT OF CONSERVATION DIV OF ADMIN SVCS AC APR-JUN 2025 SMIP FEES 9,149.20 DIV OF THE STATE ARCHITECT JAN-MAR 2025 CASP FEE 128.00 DEPARTMENT OF JUSTICE ACCTNG OFFICE-CASHIERING UNI LIVESCAN FEES - JUNE 2025 371.00 DEPT OF CONSERVATION DIV OF ADMIN SVCS AC JAN-MAR 2025 SMIP FEES 19,947.15 DAVID L. GATES & ASSOCIATES, INC.IRRIGATION UPGRADES JUN 2025 60.00 DC ELECTRIC GROUP INC.HYDROGEN FUEL CELL MAINT.-TRAFFIC SIGNAL BACKUP MAY 2025 2,237.42 DSRSD DEVELOPER DEPOSIT (DV0330) BALANCE REFUND 589.77 EAST BAY POOL SERVICE, INC.POOL MAINTENANCE 19,020.97 DREAM RIDE ELEVATOR ELEVATOR MAINTENANCE JUL 2025 564.00 DSRSD DEVELOPER DEPOSIT (DV0278) BALANCE REFUND 4,841.50 DIV OF THE STATE ARCHITECT APR-JUN 2025 CASP FEE 109.20 DOROTHY DEMONTEVERDE REC CLASS INSTRUCTOR 495.00 ENTERPRISE RENT A CAR EAN SERVICES, LLC RENTAL CARS FOR DPS SIU 2,389.15 EASTERSEALS NORTHERN CA HUMAN SRVS KALEIDOSCOPE COMM ADULT PROG JAN-JUN 25 7,000.00 ENGEO INC FALLON VILLAGE-GHAD CONSULTING STAFF SVCS JUN 2025 10,801.83 ENGEO INC SCHAEFER RANCH-GHAD CONSULTING STAFF SVCS JUN 2025 9,711.34 ELLIOT CONSTRUCTION DEVELOPER DEPOSIT (DV0390) BALANCE REFUND 2,014.06 ENGEO INC FALLONCROSSING-GHAD CONSULTING STAFF SVCS JUN 2025 4,275.33 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE & REPAIRS 1,984.28 EVERYTHING GROWS INTERIOR LANDSCAPING INTERIOR PLANT CARE & MAINT. - AUG 2025 250.36 FAST TIMES SUMMER CONCERT SERIES BAND 2,500.00 EVERYTHING GROWS INTERIOR LANDSCAPING INTERIOR PLANT CARE & MAINT. - JUL 2025 250.36 GFT INFRASTRUCTURE, INC.IRON HORSE NATURE PARK & OPEN SPACE PHASE 1 JUN 2025 42,660.66 GFT INFRASTRUCTURE, INC.2025 SLURRY SEAL CM & INSP SERVICES JUN 2025 38,807.58 GFT INFRASTRUCTURE, INC.2025 SLURRY SEAL CM & INSP SERVICES JUN 2025 41,583.32 GFT INFRASTRUCTURE, INC.IRON HORSE NATURE PARK & OPEN SPACE PHASE 1 MAY 2025 36,091.51 FRANCHISE TAX BOARD EMPLOYEE INCOME TAX EARNINGS WITHHOLDING 965.11 GFT INFRASTRUCTURE, INC.CM/PM SERVICES FOR WALLIS RANCH PARK JUN 2025 11,705.60 GUIDA ALAMO CREEK FENCE REPLACEMENT MAY 2025 12,235.00 GURUS EDUCATION EAST BAY REC CLASS INSTRUCTOR 3,087.00 GOODNESS VILLAGE HUMAN SRVS 2024-25 GOODNESS VILLAGE APR-JUN 2025 6,250.00 GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.DCAC DESIGN & CONSTRUCTION ADMIN SERVICES JUN 2025 44,385.61 GOLDEN STATE FLEET SVCS INC DPS - TOWING SERVICES 125.00 GOODNESS VILLAGE HUMAN SRVS 2024-25 GOODNESS VILLAGE JAN-MAR 2025 6,250.00 HINDERLITER, DE LLAMAS & ASSOC CODE REVISION BRIEF FOR THE CITY COUNCIL 5,880.00 HIVELY HUMAN SRVS 2024-25 ARPA–HIVELY FAM RSC CTR JAN-JUN 2025 7,158.34 HDL COREN & CONE PROPERTY TAX CONSULTING SVCS JUL - SEP 2025 2,127.84 HF&H CONSULTANTS, LLC SOLID WASTE FRANCHISE SUPPORT JUN 2025 6,415.00 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES - WALLIS RANCH PRE-OPENING 600.00 JENNY CHAN STAGER GYM SECURITY DEPOSIT REFUND 500.00 JONH LE DEVELOPER DEPOSIT (DV0380) BALANCE REFUND 3,207.80 JAM SERVICES INC BATTERY BACK UP AND PEDESTRIAN PUSH BUTTON SPARES 35,092.58 JAY S. 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COUNCIL FY 24/25 TVTD FEES QTR 4 438,029.86 TREASURER ALAMEDA COUNTY PW AGENCY-FISCAL DIVISION TRAFFIC SIGNAL AND STREETLIGHT MAINT SVCS JUN 2025 70,705.52 WATERCO OF THE CENTRAL STATES REVERSE OSMOSIS WATER SOFTENER FS18 167.30 WATERCO OF THE CENTRAL STATES REVERSE OSMOSIS WATER SOFTENER FS16 199.90 UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - JUL 2025 12,295.42 WARREN PAYLADO REC CLASS INSTRUCTOR 1,584.00 UNICO ENGINEERING, INC.TRASH CAPTURE DEVICES - CONSTRUCTION MGMT JUN 2025 2,373.43 UNIVERSAL BUILDING SERVICES & SUPPLY CO.WINDOW AND CARPET CLEANING JUL 2025 197.00 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC IRON HORSE NATURE PARK - CWA ADMIN JUN 2025 643.03 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC WALLIS RANCH PARK JUN 2025 103.00 WATERCO OF THE CENTRAL STATES REVERSE OSMOSIS WATER SOFTENER FS17 222.60 41 City of Dublin Payment Issuance Report Print Date: 9/2/2025 Payments Dated 8/1/2025 through 8/31/2025 Page 4 of 6 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/6/2025 8/8/2025 8/8/2025 8/14/2025 8/15/2025 8/15/2025 8/15/2025 8/15/2025 8/15/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC 2025 SLURRY SEAL CWA MONITORING JUN 2025 855.95 WORLD CUP SOCCER CAMPS CLINICS REC CLASS INSTRUCTOR 9,706.80 DELTA DENTAL OF CALIFORNIA DELTA DENTAL PREMIUM - JUL 2025 12,930.08 W-TRANS IRON HORSE CENTRAL STOP WARRANT ANALYSIS MAR 2025 1,041.25 VISION SERVICE PLAN - (CA)VISION INSURANCE PREMIUM - JUL 2025 2,082.29 Payments Issued 8/6/2025 Total:12,216,392.20 W-TRANS IRON HORSE CENTRAL STOP WARRANT ANALYSIS MAY 2025 2,215.00 ZAYO DEVELOPER DEPOSIT (DV0203) BALANCE REFUND 4,700.00 W-TRANS IRON HORSE CENTRAL STOP WARRANT ANALYSIS APR 2025 3,672.50 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 8/8/25 & AUGUST COUNCIL 83,753.24 Payments Issued 8/8/2025 Total:15,012.37 I C M A 401 PLAN DEFERRED COMP 401: PE 08/08/2025 11,976.94 I C M A 457 PLAN DEFERRED COMP 457: PE 8/8/25 & AUGUST COUNCIL 37,465.63 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 8/8/25 & AUGUST COUNCIL 24,881.19 HEALTHEQUITY, INC.HEALTHEQUITY: PE 08/08/2025 5,009.14 Payments Issued 8/14/2025 Total:83,753.24 ACTIONABLE SCIENCE INC REZOLVE AI SOFTWARE SUBSCRIPTION JUN 2025-JUN 2026 6,000.00 AMADOR VALLEY INDUSTRIES LLC TRASH SERVICES - CAMP PARKS JUL 2025 39,707.73 4LEAF INC.BUILDING INSPECTION AND PLAN REVIEW - JUL 2025 85,483.00 US BANK - PARS PARS: PE 08/08/2025 9,857.21 Payments Issued 8/15/2025 Total:89,190.11 AT&T INVESTIGATORY PHONE PING FEE JUL 2025 500.00 AT&T - CALNET 3 ASE CIRCUITS TO 7/31/25 2,335.13 AT&T AT&T CVC- 1G INT/VOICE 8/7-9/6/25 2,019.59 AT&T AT&T PSC- 600M INTERNET/VOICE 8/7-9/6/25 1,683.50 AMADOR VALLEY INDUSTRIES LLC GARBAGE FEE COLLECTION PASSTHROUGH TO AVI 01/01/25-06/30/25 4,457,712.06 AMY'S ENGRAVED SIGNS & AWARDS PWD NAMEPLATES 233.18 BAY ALARM COMPANY ALARM SERVICES FS17 JUL-SEP 2025 237.75 BAY ALARM COMPANY ALARM SERVICES HERITAGE JUL-SEP 2025 2,277.57 BAY ALARM COMPANY ALARM SERVICES CORP YARD JUL-SEP 2025 778.02 BAY ALARM COMPANY ALARM SERVICES FS16 JUL-SEP 2025 138.00 AVI-SPL LLC PSC - CHIEF CONF ROOM AV EQUIPMENT 4,639.61 BAY ALARM COMPANY ALARM SERVICES CIVIC JUL-SEP 2025 264.00 BIG O'TIRES #7 POLICE VEHICLE MAINTENANCE & REPAIRS 475.33 BRINKS, INC.ARMORED CAR SERVICE AUG 2025 373.69 BAY ALARM COMPANY ALARM SERVICES WAVE JUL-SEP 2025 2,763.18 BAY AREA DESIGN CONSULTANTS PERMIT REFUND BLDG-2024-02733 499.00 BAY ALARM COMPANY ALARM SERVICES SENIOR CENTER JUL-SEP 2025 576.30 BAY ALARM COMPANY ALARM SERVICES SHANNON CENTER JUL-SEP 2025 1,219.07 COMCAST CVC 500M COMCASTX2 INTERNET 7/1-7/31/25 4,881.50 COMMUNE COMMUNICATION CORP ED MARKETING AND BRANDING STRATEGY CONSULTING JUL 2025 12,075.00 CIVICA LAW GROUP APC LEGAL SERVICES JUL 2025 53,485.88 CMS COMMUNICATIONS TWO (2) NETWORK CISCO C9200 SWITCHES 7,069.95 CALED CALED MEMBERSHIP 2026 1,160.00 CDW GOVERNMENT INC MIDDLE ATLANTIC WALL-MOUNT RACK AT SR CENTER 1,110.43 EAST BAY POOL SERVICE, INC.GENERAL POOL MAINTENANCE 10,500.00 DC ELECTRIC GROUP INC.HYDROGEN FUEL CELL MAINTENANCE 512.58 DIV OF THE STATE ARCHITECT JUL-SEPT 2024 ADDENDUM 64.70 CREATION NETWORKS, INC DCAC AV EQUIPMENT 14,144.12 DC ELECTRIC GROUP INC.REPLACE SAN RAMON_SILVER GATE KNOCKED DOWN POLE 12,895.00 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE & REPAIRS 6,037.28 GOLDEN STATE FLEET SVCS INC DPS TOWING SERVICES 150.00 GOODFELLOW BROS. CALIFORNIA, LLC IRON HORSE NATURE PARK AND OPEN SPACE JUN 2025 242,683.20 FRANCHISE TAX BOARD EMPLOYEE INCOME TAX EARNINGS WITHHOLDING 965.11 GHD, INC.SPEED SURVEY UPDATES JUL 2025 16,238.75 JOY LIU PHOTOGRAPHY SERVICES - SCHAEFER RANCH CAMPOUT 310.00 JEAN JOSEY MILEAGE REIMBURSEMENT - ABAG GENERAL ASSEMBLY MTG & NLC SUMMER BOARD CONFERENCE 104.38 INCREDIFLIX, INC REC CLASS INSTRUCTOR 7,046.40 GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.WORKSPACE PLANNING STUDY MAY 2025 1,770.40 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES- SWIMMING & SUMMER CAMPS 1,050.00 LANLOGIC INC.WAVE/ CPY CABLING FOR VERKADA CAMERAS & CONTROLLERS 28,315.51 JOY LIU PHOTOGRAPHY SERVICES - NATIONAL NIGHT OUT 470.00 LANGUAGE LINE SERVICES LANGUAGE LINE SERVICES FOR JUL 2025 86.00 MTC METROPOLITAN TRANSP COMMISSION STREETSAVER ANNUAL SUBSCRIPTION AUG 2025-JUL 2026 2,000.00 NANOGAN SCIENCE & SERVICES, LLC REC CLASS INSTRUCTOR 3,705.00 LYNX TECHNOLOGIES, INC.GIS CONSULTING SERVICES JUL 2025 12,825.00 MAGS ASSOCIATES LLC REC CLASS INSTRUCTOR 2,511.60 LIVERMORE AUTO GROUP POLICE VEHICLE MAINTENANCE & REPAIRS 8,996.63 PG&E 6020 DUBLIN BLVD 1010865440 7/14/2025 103.81 PG&E STREETLIGHTS–CITYWIDE 1983-1 07/15/2025 26,584.53 PG&E STAGECOACH PARK 07/15/2025 69.76 PG&E DON BIDDLE COMMUNITY PARK 07/15/2025 258.08 ORIGIN BAY LLC.BIRTHDAY PARTY MEALS JUL 2025 8,864.10 PG&E 6196 HORIZON PKWY M DONBIDDLE 07/15/2025 942.17 PG&E DEVANY SQUARE 07/10/2025 22.23 PG&E TED FAIRFIELD PARK 07/09/2025 107.44 PG&E DUBLIN SPORTS GROUND EV 07/14/2025 286.68 PG&E BRAY COMMONS 07/10/2025 110.35 PG&E FALLON SPORTS PARK 07/06/2025 7,707.47 PG&E EMERALD GLEN PARK 07/08/2025 8,153.60 42 City of Dublin Payment Issuance Report Print Date: 9/2/2025 Payments Dated 8/1/2025 through 8/31/2025 Page 5 of 6 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/18/2025 8/19/2025 8/19/2025 8/21/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 PG&E TRAFFIC SIGNALS 06/10/2025 11,276.89 PG&E STAGECOACH LMD 1983-2 07/15/2025 122.20 PG&E POLICE SERVICES 07/14/2025 4,997.62 PG&E TRAFFIC SIGNALS 07/09/2025 1,241.30 PG&E LANDSCAPING 07/07/2025 2,557.22 PG&E DOLAN PARK 07/10/2025 155.82 PRO CYCLES LLC POLICE VEHICLE MAINTENANCE & REPAIRS 48.16 QUADIENT FINANCE USA, INC.POSTAGE FEES FOR DPS 249.00 PG&E PUBLIC SAFETY COMPLEX 07/15/2025 1,201.03 PG&E FIRE STATION 18 07/10/2025 130.94 PG&E STREETLIGHTS EASTDUBLIN1999-1 07/15/2025 12,426.12 PG&E SENIOR CENTER 07/10/2025 302.14 REDWOOD PUBLIC LAW, LLP PROFESSIONAL SERVICES RENDERED THROUGH MAY 2025 83,131.47 RAYNE OF SAN JOSE REVERSE OSMOSIS DRINKING WATER FS17 AUG 2025 37.00 RAYNE OF SAN JOSE REVERSE OSMOSIS DRINKING WATER FS18 AUG 2025 37.00 QUENCH USA, INC.D073825 - CORP YARD FILTER SERV CALL AUG 2025 192.94 RAYNE OF SAN JOSE REVERSE OSMOSIS DRINKING WATER FS16 AUG 2025 37.00 RROOAR REC CLASS INSTRUCTOR 1,012.50 REDWOOD TOXICOLOGY LAB. INC.TOXICOLOGY SERVICES - JUL 2025 1,356.08 REDWOOD PUBLIC LAW, LLP PROFESSIONAL SERVICES RENDERED THROUGH JUN 2025 65,213.19 TARALYN WOOD MILEAGE REIMBURSEMENT - JULY 2025 30.80 TOWNSEND PUBLIC AFFAIRS, INC GRANT STRATEGY AND WRITING SERVICES AUG 2025 5,000.00 SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399 FREIGHT ON TONER 15.00 SIMPLER SYSTEMS, INC SIMPLER SOFTWARE LICENSING SUPPORT AUG 2025 1,650.00 S & J ADVERTISING INC SPLATTER 2025 AD 736.00 SHALINI REDDY EXPENSE REIMBURSEMENT - ASR SUPPLIES 638.51 VERIZON WIRELESS DATA PLAN FOR LICENSE PLATE READERS 1,930.22 WC3-WEST COAST CODE CONSULTANT PLAN REVIEW - JULY 2025 12,787.50 U.S. BANK ANNUAL CFD SPECIAL TAX ADMINISTRATION - DUBLIN CROSSING 1,800.00 U.S. BANK CORPORATE PMT SYSTEM PURCHASE CARD STATEMENT JUL 2025 58,864.06 TREASURER ALAMEDA COUNTY FY2025 POLICE SERVICES MAY-JUN 2025 4,972,769.12 TRIVALLEY INTERNET INC NAVIGATOR PROGRAM - REFERRAL #44 (BAY AREA LAW)5,500.00 CAL PERS PERS RETIREMENT PLAN: PE 8/8/25 & AUGUST COUNCIL 104,821.49 DSRSD BILLING PERIOD: 06/01/25-07/31/25 467,405.58 Payments Issued 8/18/2025 Total:10,382,232.18 WHY'D YOU STOP ME SUPERVISORY LEADERSHIP TRAINING COURSE FOR LAW ENFORCEMENT OFFICERS 9,995.00 ZOOMGRANTS ZOOMGRANTS SUBSCRIPTION 10/1/2025-9/30/2026 8,500.00 4IMPRINT INC WALLIS RANCH GRAND OPENING PROMOTIONAL MATERIAL 692.71 CITY OF PLEASANTON TVBID FEES COLLECTED Q4 FY24/25 115,519.64 Payments Issued 8/21/2025 Total:115,519.64 Payments Issued 8/19/2025 Total:572,227.07 AKSHAY ARORA ARORA TENNIS & FITNESS ACADEMY REC CLASS INSTRUCTOR 17,438.00 A4 PROMOTIONS & INCENTIVES CITY CLERK BUSINESS CARDS 57.14 ACTION ROAD SOLUTIONS, LLC DPS - EVIDENCE TOWING SERVICES 180.00 CDW GOVERNMENT INC DCAC SPEAKER MOUNTS 1,726.52 CHRISTINE PETIT REC CLASS INSTRUCTOR 1,884.00 BAY ALARM COMPANY ALARM SERVICES WAVE SERVICE CALL AUG 2025 591.16 CASTRO VALLEY PERFORMING ARTS REC CLASS INSTRUCTOR 1,482.00 AMY'S ENGRAVED SIGNS & AWARDS CITY CLERK & PCS NAMEPLATES 233.18 AMY'S ENGRAVED SIGNS & AWARDS COMMISSION MEETINGS NAME PLATES 90.96 AMY L. JONES REC CLASS INSTRUCTOR 367.20 CORODATA SHREDDING, INC.SHRED BIN PICKUP FOR JUL 2025 50.16 DOROTHY DEMONTEVERDE REC CLASS INSTRUCTOR 750.00 COMCAST INTERNET/CABLE SVC WAV, SNC, PSC - 8/11-9/10/25 650.43 CONVERGEONE, INC.RACK MOUNTED CABLE LACING BAR FOR DAC 207.00 CINTAS CORPORATION NO.2 FIRST AID MONTHLY REPLENISHMENT 393.51 CLS/CERVANTES LANDSCAPE SERVICES,INC.MAPE MEMORIAL PARK PATHWAY CONSTRUCTION MAY-JUL 2025 83,388.15 HEALTHEQUITY, INC.HEALTHCARE/COMMUTER BENEFIT JUL/AUG 2025 638.00 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH NOV 2024 290.00 GOLDEN STATE FLEET SVCS INC DPS EVIDENCE TOWING SERVICES 450.00 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES - SENIOR CENTER 1,272.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER GYM - WATER JUN - JUL 2025 1,131.11 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE & REPAIRS 1,801.43 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH APR 2025 290.50 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH MAY 2025 290.00 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH FEB 2025 290.00 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH MAR 2025 293.00 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH DEC 2024 290.00 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH JAN 2025 291.00 JACQUI HATZIKOKOLAKIS MILEAGE REIMBURSEMENT 19.18 JOY LIU PHOTOGRAPHY SERVICES - SUMMER CONCERT 310.00 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH JUL 2025 297.00 IRON MOUNTAIN RECORDS STORAGE - FINANCE JUL-AUG 2025 364.59 INTERACTIVE DATA, LLC PD - SOCIAL MEDIA SEARCH JUN 2025 290.00 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM MAR 2025 6,704.40 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM FEB 2025 10,147.04 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM MAY 2025 978.58 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM APR 2025 991.52 JOY LIU PHOTOGRAPHY SERVICES - WALLIS RANCH PARK GRAND OPENING 390.00 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM JUN 2025 513.58 MNS ENGINEERS, INC.IRON HORSE TRAILBRIDGE CM JAN 2025 13,886.74 43 City of Dublin Payment Issuance Report Print Date: 9/2/2025 Payments Dated 8/1/2025 through 8/31/2025 Page 6 of 6 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/25/2025 8/28/2025 8/28/2025 8/28/2025 8/29/2025 8/29/2025 8/29/2025 8/29/2025 NATIONAL LEAGUE OF CITIES CITY MEMBERSHIP DUES 2025-2026 7,214.00 NICHOLS CONSULTING ENGINEERS, CHTD ANNUAL STREET RESURFACING DESIGN SERVICES MAY 2025 102,868.70 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM NOV 2024 13,896.15 NANOGAN SCIENCE & SERVICES, LLC REC CLASS INSTRUCTOR 1,170.00 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE CM DEC 2024 12,581.54 R. YOUNAN LLC REC CLASS INSTRUCTOR 2,689.20 PLAN JPA GENERAL LIABILITY CLAIMS - JUL 2025 408.00 QUADIENT FINANCE USA, INC.POSTAGE FEES FOR CIVIC JUL 2025 328.44 NOR CAL STATE SOFTBALL NORCAL USA SOFTBALL MEMBERSHIP 475.00 NORM'S TOWING SERVICE, LLC TOWING SERVICES 330.00 RONALD L ESSEX PHOTOGRAPHY SERVICES - SUMMER CONCERT SERIES 600.00 SQUAD SPORTS INC.REC CLASS INSTRUCTOR 4,040.40 ROBERT FERGUSON ROB'S SKATE ACADEMY REC CLASS INSTRUCTOR 747.00 RON HSI TRI-VALLEY AIKIDO REC CLASS INSTRUCTOR 24.00 SWINERTON MANAGEMENT AND CONSULTING DCAC CM SERVICE JUN 2025 27,816.25 TARALYN WOOD TRAVEL REIMBURSEMENT - CPRS 201.87 STANFORD HEALTH -VALLEYCARE OCCUPATIONAL MEDICAL TEST FEES - JUL 2025 74.00 SURABHI BHARADWAJ PCS RENTAL SECURITY DEPOSIT REFUND 500.00 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICE EXTRA SERVICE JUL 2025 7,640.75 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICE AUG 2025 25,432.21 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICE WAVE DAY PORTER JUL 2025 2,720.00 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICES & SUPPLIES -CAMP PARKS AUG 2025 34,419.43 TRADITION CARE MORTUARY PCS RENTAL SECURITY DEPOSIT REFUND 500.00 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICES & SUPPLIES-CAMP PARKS JUL 2025 34,419.43 WATERCO OF THE CENTRAL STATES REVERSE OSMOSIS WATER SOFTENER FS17 AUG 2025 222.60 WATERCO OF THE CENTRAL STATES REVERSE OSMOSIS WATER SOFTENER FS18 AUG 2025 167.30 VERIZON WIRELESS DATA PLAN FOR LICENSE PLATE READERS - JULY 2025 320.08 WATERCO OF THE CENTRAL STATES REVERSE OSMOSIS WATER SOFTENER FS16 AUG 2025 199.90 TRIVALLEY MINOR HOCKEY ASSOCIATION FIREWORKS BOOTH CLEANUP DEPOSIT FEE REFUND 200.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO.WINDOW AND CARPET CLEANING JUL 2025 4,586.00 CHICAGO TITLE COMPANY FIRST TIME HOME BUYER LOAN 66,198.00 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 8/22/25 79,169.79 CAL PERS PERS RETIREMENT PLAN: PE 8/22/25 103,920.31 WORLD CUP SOCCER CAMPS CLINICS REC CLASS INSTRUCTOR 5,239.20 Payments Issued 8/25/2025 Total:444,433.24 Payments Issued 8/29/2025 Total:297,993.93 US BANK - PARS PARS: PE 08/22/2025 5,081.42 371 Grand Total for Payments Dated 8/1/2025 through 8/31/2025: Payments Issued 8/28/2025 Total:249,288.10 I C M A 457 PLAN DEFERRED COMP 457: PE 8/22/25 32,383.69 RETIREE MEDICAL RETIREE MEDICAL OCT-DEC 2025 HEALTHEQUITY, INC.HEALTHEQUITY: PE 08/22/2025 4,980.68 I C M A 401 PLAN DEFERRED COMP 401: PE 08/22/2025 1,478.83 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 8/22/25 24,463.25 44 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.5 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Adoption of the City of Dublin Title VI Program Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY: The City Council will consider adopting the City of Dublin Title VI Program in accordance with a statue provision of the Civil Rights Act of 1964 that prohibits discrimination in any program or activity receiving federal financial assistance. The Title VI Program ensures compliance through a public notice of rights, complaint procedures, designation of a Title VI Coordinator, and ongoing reporting to the California Department of Transportation, which is responsible for distributing Federal Highway Administration funds to local agencies. STAFF RECOMMENDATION: Adopt the Resolution Adopting the City of Dublin Title VI Program. FINANCIAL IMPACT: There is no direct financial impact associated with adopting the Title VI Program. Compliance with Title VI is a condition of receiving federal funding. DESCRIPTION: Background Title VI of the Civil Rights Act of 1964, signed into law by President Lyndon B. John son, prohibits discrimination on the basis of race, color, national origin, sex, disability, or age in any program or activity receiving federal financial assistance. To ensure that federal dollars do not subsidize discrimination, federal agencies were directed to establish enforcement regulations. Because the Federal Highway Administration (FHWA) distributes funding through the California Department of Transportation (Caltrans), local public agencies that receive federal - aid highway funds must comply with Title VI as a condition of funding. Caltrans, acting as FHWA’s designated recipient, is responsible for reviewing and monitoring the Title VI Programs of subrecipients, including cities and counties. 45 Page 2 of 2 Accordingly, local agencies are required to adopt and maintain a Title VI Program that meets both federal and Caltrans standards. A compliant program includes a public notice of rights, complaint procedures for individuals who believe they have been subjected to discrimination, the designation of a Title VI Coordinator, and ongoing compliance reporting to Caltrans for review and approval. City of Dublin Title VI Program The City’s Title VI Program affirms the City’s commitment to equity and nondiscrimination in the delivery of services. Adoption of the Program ensures the City remains eligible to receive federal funds and aligns with best practices for transparency and accountability. The Program designates the Human Resources Director as the City’s Title VI Coordinator, responsible for implementing the Program, monitoring compliance, and reporting to the City Manager and federal agencies, as required. Next Steps Upon adoption, the Program will be submitted to the appropriate oversight agencies and posted on the City’s website and at customer service counters, ensuring residents, program participants, and employees have clear access to their rights and responsibilities under Title VI. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Adopting the City of Dublin Title VI Program 2) Exhibit A to the Resolution – City of Dublin Title VI Program 46 Attachment 1 Reso. No. XX-25, Item X.X, Adopted 09/16/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE CITY OF DUBLIN TITLE VI PROGRAM WHEREAS, Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, national origin, sex, disability, or age in any program or activity receiving federal financial assistance; and WHEREAS, the Federal Highway Administration (FHWA) distributes federal-aid highway funds through the California Department of Transportation (Caltrans), which requires local public agencies to establish and maintain a Title VI Program as a condition of receiving such f unds; and WHEREAS, as the City of Dublin is a recipient of federal-aid highway funds through Caltrans and is therefore required to adopt and maintain a Title VI Program to ensure compliance with federal law; and WHEREAS, the City of Dublin’s Title VI Program provides for a public notice of rights, complaint procedures, designation of a Title VI Coordinator, and compliance reporting to Caltrans, thereby ensuring equitable access to services, programs and activities funded with federal assistance; and WHEREAS, adoption of the City of Dublin Title VI Program affirms the City’s commitment to equity, nondiscrimination, and transparency in the delivery of public services and maintains eligibility for federal funding. WHEREAS, the City Council of the City of Dublin has reviewed the proposed Title VI Program and finds it consistent with federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the City of Dublin Title VI Program, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to submit the Title VI Program to the appropriate federal and state agencies as required by law . BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to make any non-substantive changes required by law or by Caltrans as part of its oversight responsibilities. {Signatures on the next page} 47 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of September 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 48 Attachment 2 Exhibit A to the Resolution – City of Dublin Title VI Program City of Dublin TITLE VI PROGRAM September 16, 2025 49 2 Table of Contents I. Non-Discrimination Policy Statement .................................................................................................. 3 II. Organization, Staffing, and Structure ................................................................................................... 4 III. Notice of Rights ............................................................................................................................... 4 IV. Non-Discrimination Authorities ...................................................................................................... 4 V. Title VI Complaint Procedures ........................................................................................................ 5 VI. Public Participation ......................................................................................................................... 6 VII. Data Collection ................................................................................................................................ 7 VIII. Training ........................................................................................................................................... 7 IX. Reporting Requirements ................................................................................................................. 7 50 3 I. Non-Discrimination Policy Statement It is the policy of the City of Dublin that no person shall on the grounds of race, color, national origin, sex, disability, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of the City of Dublin as provided by Title VI of the Civil Rights Act of 1964 and related statutes. This policy applies to all operations of the City of Dublin, including its contractors and anyone who acts on behalf of the City. This policy also applies to the operations of any department or agency to which the City extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance. Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination. Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, or age include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment. Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21. Colleen Tribby, City Manager Date 51 4 II. Organization, Staffing, and Structure The City Manager is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that non-discrimination is required of all City employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21. The Human Resources Director/Risk Manager has been appointed by the City Manager to serve as the Title VI Coordinator. The Title VI Coordinator provides guidance and technical assistance on Title VI matters and has overall program responsibility for preparing reports and developing program procedures. The Title VI Coordinator is responsible for: • Submitting a Title VI plan and required annual reports on the agency’s behalf; • Developing procedures for the prompt processing and disposition of complaints; • Investigating complaints, compiling a complaint log, and reporting to the California Department of Transportation (Caltrans); • Developing procedures for the collection and analysis of statistical data; • Developing a program to conduct Title VI reviews of program areas; • Conducting annual Title VI assessments of pertinent program areas; • Developing Title VI information for dissemination; and • Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary. The Public Works Director oversees implementation of the City’s Title VI program as it relates to consultants and contractors and ensures that Title VI Assurances are included in all sub-contracts with federal funds – specifically including Appendix A of the Title VI Assurances in the “MASTER AGREEMENT - ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS”. III. Notice of Rights The City will display the “Notice of Rights” (Exhibit A) for public view at customer service counters in various City facilities, field locations and on the City’s website. The notice states that the City is committed to complying with Title VI and ensuring that no person is excluded from participating in, be denied the benefits of or be otherwise subjected to discrimination under any of the City’s programs, activities, or services. IV. Non-Discrimination Authorities Title VI, 42 U.S.C. § 2000d (race, color, and national origin) 23 U.S.C. § 324 (sex) 42 U.S.C. § 6101 (age) 42 U.S.C. § 12131; 29 U.S.C. § 794 (disability) 49 CFR Part 21 23 CFR Part 200 52 5 V. Title VI Complaint Procedures Federal law prohibits discrimination on the basis of race, color, national origin, age, sex, or disability in any City of Dublin program or activity. This prohibition applies to all branches of City of Dublin, its contractors, consultants, and anyone else who acts on behalf of the City of Dublin. Any person who believes they have been subject to discrimination within the City’s programs or activities because of their race, color, national origin, or other protected status may file a Title VI complaint by completing and submitting the City’s Title VI Complaint Form with the Title VI Coordinator within 180 days of the alleged incident. The City’s Title VI Complaint Form is available through Human Resources at 100 Civic Plaza, Dublin, CA and online at www.dublin.ca.gov. The City’s Title VI Coordinator will only process complaints that are complete and include the following information: • Complainant’s contact information • Date(s) of alleged discriminatory act(s) • Details of alleged discrimination • Identification of the City Department responsible for the alleged discrimination • Basis of the complaint (e.g. race, color, or national origin) • Signature of the complainant or complainant’s representative Once the Title VI complaint is received, the Title VI Coordinator will forward the complaint to Caltrans, to be submitted to the FHWA Division Office. The Title VI Coordinator will also begin processing the complaint by entering said complaint into the City’s Title VI Discrimination Complaint Log and conducting an internal investigation. Once a finding has been determined/received, the City’s Title VI Coordinator will provide said findings to the complainant within 10 business days via letter and/or email. Complaints Processed Under the Federal Highway Administration (FHWA): Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA. Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient (City of Dublin) are to be forwarded to Caltrans to be submitted to FHWA Division Office. Complaints should be sent within one business day of receipt via email to Title.VI@dot.ca.gov. If Caltrans Office of Civil Rights (HCR) determines a Title VI complaint against a sub-recipient can be investigated by Caltrans, HCR may delegate the task of investigating the complaint to Caltrans. OCR Investigation Process: If OCR is delegated the responsibility of performing an investigation, OCR has 90 days to investigate the 53 6 complaint. If additional time is needed, OCR will call the Complainant and inform them. If more information is needed to resolve the case, the OCR investigator may contact the Complainant. The Complainant has ten business days from the date of the letter to send the requested information to the investigator assigned to the case. If the investigator is not contacted by the Complainant or does not receive the additional information within ten business days, OCR can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case. OCR will consult with HCR regarding the disposition of the complaint. Disposition of Title VI complaints will be undertaken by HCR, through either (1) informal resolution or (2) issuance of a Letter of Finding. A copy of the Letter of Finding will be sent to all parties via the Division Office. A person may also file a complaint directly with the FHWA and/or Caltrans by the following contact information: Federal Highway Administration U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105 Washington, DC 20590 California Department of Transportation Office of Civil Rights Attention: Title VI Branch PO Box 942874, MS 79, Sacramento, CA Title.VI@dot.ca.gov Should a complaint be filed with the City of Dublin and one with a federal or state agency simultaneously, the federal/state complaint will supersede the City’s complaint and the City’s complaint procedures will be suspended pending the federal/state agency’s findings. VI. Public Participation The City of Dublin is committed to engaging residents, businesses, and stakeholders in an inclusive and transparent manner. Public participation ensures that City projects, programs, and services are delivered equitably and are responsive to the diverse nee ds of the community. The City will: • Provide opportunities for public input at City Council and Commission meetings, workshops, and community forums. • Use a variety of outreach methods, including the City website, social media, newsletters, and postings in public facilities, to share information broadly. 54 7 • Offer translation or interpretation services, as needed, to ensure meaningful access for individuals with limited English proficiency. • Make outreach materials available in alternative formats upon request to ensure accessibility for persons with disabilities. • Document and consider public feedback in the planning, design, and implementation of City programs and services. Through these efforts, the City seeks to ensure that all voices are heard and considered, particularly those from underrepresented or historically disadvantaged groups. VII. Data Collection The City will review and analyze data collected regularly to ensure the effectiveness of outreach methods in meeting the objectives of the Title VI program and to ensure that no group is intentionally excluded in the decision-making process or is not given the opportunity to voice their opinions or concerns. Sources of demographic information may include data collected by City staff and/or federal, state and local government agencies such as the U.S. Bureau of Labor Statistics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, the California Employment Development Department, the Association of Bay Area Governments, or the Metropolitan Transportation Commission. VIII. Training Title VI training will be provided to managers, supervisors, and staff with frequent public contact in the administration of federal-aid programs every two years. Trainings may be offered online or through an instructor-led class. The following components will be covered: • Review of City’s Title VI Policy • How to handle a potential complaint • Where to seek assistance for Title VI questions and concerns IX. Reporting Requirements The City of Dublin will comply with all reporting requirements established by federal funding agencies in connection with Title VI of the Civil Rights Act of 1964. The City will submit Title VI reports, updates, or accomplishment and goal reports when directed by a federal or state funding agency as a condition of funding. Title VI compliance documentation will be made available upon request. 55 8 Exhibit A Your Rights Under Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 requires that no person in the United States, on the grounds of race, color or national origin be excluded from, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving federal financial assistance. Any person who believes they have been subjected to discrimination may file a written complaint with the City of Dublin. Federal and State law require complaints to be filed within one hundred eighty (180) calendar days of the last alleged incident. Additional information and the Title VI Complaint Forms can be found on the City’s Website at www.dublin.ca.gov or can be obtained by contacting the Title VI Coordinator at (925) 833-6650 or hr@dublin.ca.gov. The complaint procedure and form can also be obtained by writing to the Title VI Coordinator. To file a written Title VI complaint, please use the following information: City of Dublin – Human Resources/Risk Manager Title VI Coordinator 100 Civic Plaza, 2nd Floor Dublin, CA 94568 56 9 Appendix A Master Agreement Administering Agency-State Agreement for Federal Aid Projects & Title VI Assurances 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.6 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: 2025 Development Agreement Review Prepared by: Jeff Baker, Assistant City Manager, and Anastasia Nelson, Administrative Aide EXECUTIVE SUMMARY: The City Council will receive a report on the annual review of active Development Agreements to ensure compliance with the terms and provisions of the Agreements pursuant to the California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin Municipal Code. STAFF RECOMMENDATION: Adopt the Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements. FINANCIAL IMPACT: The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for each approved project. All financial obligations of the subject developers have been met pursuant to the terms provided in their respective Development Agreements. DESCRIPTION: Background An annual review of active Development Agreements is required by California Government Code Sections 65864-65869.5 and Chapter 8.56 of the Dublin Municipal Code. During the review period, occurring in July and August of each year, Staff reviews each active Development Agreement to ensure compliance with the terms and provisions of the agreement. The burden of demonstrating good faith compliance is on the respective developer and/or property owner. Staff from the Finance, Community Development, Fire Prevention, Parks and Community Services, and Public Works departments complete a thorough and detailed assessment of the developer’s compliance with the requirements contained in the 85 Page 2 of 2 applicable agreements. Following the review, Staff presents the findings and recommends t o the City Council to either: (1) determine that the parties are in compliance and conclude the review; or (2) determine that the parties have not complied in good faith, in which case the City Council must request that the matter of compliance be considered at a noticed public hearing. At said public hearing, the City Council may modify or terminate the Development Agreement upon making certain findings based on substantial evidence that the developer has not complied in good faith with the Agreement. Analysis The following active Development Agreements, identified in Table 1 below, were subject to the 2025 annual review. Based on Staff’s review, all required public improvements, payments, and scheduled financial obligations have been satisfied by each of the developers and property owners. Staff concluded that each of the developers/owners is proceeding in good faith with the terms of their Development Agreement and is therefore recommending that the report be accepted by the City Council and the annual re view be concluded. Table 1: Active Development Agreements No. Development Project Expiration Date Compliant 1. Bex Development (Branaugh Property) 04/20/2033 Yes 2. Dublin Crossings (Boulevard) 12/20/2033 Yes 3. Dublin Fallon 580 Project 09/19/2034 Yes 4. Kaiser Dublin Medical Center 11/04/2041 Yes 5. SCS Dublin Project (The DC) 01/05/2028 Yes STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: No public notice is required. However, a formal notification of the 2025 Development Agreement Annual Review was sent to the parties of the Development Agreements. The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Finding that Developers Having Obligations Under Active Development Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with the Terms and Provisions of the Agreements 86 Attachment I Reso. No. XX-25, Item X.X, Adopted 09/16/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED, HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS WHEREAS, as of July 1, 2025, the following projects have active Development Agreements with the City of Dublin: Bex Development (Branaugh Property), Dublin Crossings (Boulevard), Dublin Fallon 580 Project, Kaiser Dublin Medical Center, and SCS Dublin Project (The DC); and WHEREAS, the annual review of active Development Agreements is required by California Government Code Sections 65864 – 65869.5, and Chapter 8.56 of the Dublin Municipal Code; and WHEREAS, during the review period, occurring in July and August of each year, Staff reviews the development agreements to ensure compliance with the terms and provisions of the Agreements; and WHEREAS, the burden of demonstrating good faith compliance with the Agreements rests with the Developers; and WHEREAS, the appropriate City Departments have reviewed each of the active Development Agreements, and confirmed that the developers are in compliance with the terms of the Agreements; and WHEREAS, Staff presents and recommends the City Council determine the parties are in compliance and conclude the review. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin concludes its review of the above referenced active Development Agreements and Supplemental Agreements as Amended, and determines that the Developers having obligations under said Agreements have complied in good faith with the terms and provisions of the Agreements. {Signatures on the following page} 87 Reso. No. XX-25, Item X.X, Adopted 09/16/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of September 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 88 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 8.1 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Annual Review of the City’s Statement of Investment Policy Prepared by: Jay Baksa, Finance Director EXECUTIVE SUMMARY: The City Council will consider a resolution completing the annual review of the Statement of Investment Policy. The Policy has been updated to align with the City’s Mission, Vision, and Values, as identified in the City’s Strategic Plan by adding three new categories to the prohibited investment list. Additionally, City Staff relocated existing prohibitions into the designated “Prohibited Investments” section for consistency and clarity. While not required by statute, annual review of a local agency’s investment policy is recommended by the California Debt and Investment Advisory Commission and is included as a requirement in the City Policy. STAFF RECOMMENDATION: Adopt the Resolution Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions. FINANCIAL IMPACT: None. DESCRIPTION: The current Statement of Investment Policy, adopted on August 21, 2007, states that it is subject to annual review by the City Council and that the review shall be conducted by the second meeting in September (Section XVIII). The Policy was last revised on September 17, 2024 to reflect the current organizational structure of the Finance Department. That revision also added language to provide more flexibility in the City’s investment strategy. Specifically, it authorized the City to invest in any Joint Powers Authority investment pool that meets the criteria of the California Government Code Section 6509.7. 89 Page 2 of 3 Finance and Investment Subcommittee During the 2024 review of the Policy, the City Council directed Staff to create a Finance and Investment Committee (FIC) that have the responsibility of reviewing and making recommendations on financial matters, including the city's investment policy and strategy. The FIC was formally established on October 15, 2024, with Vice Mayor Kashef Qaadri and Councilmember Michael McCorriston appointed as the inaugural members. In response to community feedback about the types of companies in which the City invests, the FIC conducted a comprehensive review of the Policy. The FIC explored the incorporation of additional Socially Responsible Investing (SRI) practices and Environmental, Social, and Governance (ESG) standards. SRI is an investment strategy that aims to generate financial returns while excluding companies or industries that conflict with specific social, environmental, or ethical values. ESG investing integrates environmental, social, and governance criteria into investment analysis and decision-making. The objective is to identify risks and opportunities that may not be captured through traditional financial analysis alone. At its June 2, 2025 meeting, the FIC received a report outlining potential approaches for integrating SRI and ESG standards into the Policy. The report also summarized the Boycott, Divestment, Sanctions (BDS) and American Friends Service Committee (AFS C) movements and related actions taken by other agencies (Attachment #4). Following the discussion, the FIC directed Staff to:  Request a sample ESG report from the City’s investment management consultant, Chandler Asset Management.  Draft an updated Policy that clarifies investments should reflect the City’s Mission, Vision, and Values.  Add three new business sectors to the Policy’s prohibited investments list: o Companies that develop or manufacture commodities that facilitate violence or war. o Companies engaged in border or mass surveillance industries. o Companies involved in mass incarceration or detention industries.  Relocate all existing prohibited investment types into a dedicated section of the Policy for clarity. On August 8, 2025, the FIC reviewed the requested sample ESG report and the draft updated Policy. At that meeting, the FIC approved the updated Policy, with additional clarifying language, and recommended that:  The City’s portfolio be reviewed annually to ensure alignment with the City’s Mission, Vision, and Values.  The City’s investment advisor provide an annual ESG report as part of this review process. 90 Page 3 of 3 Proposed Changes Based on the recommendations of the FIC and Staff’s review in consultation with Chandler, Staff has revised the Policy to include the following updates: Section XI: Prohibited Investment Practices and Instruments  Added language stating that all City investments will be guided by the City’s Mission, Vision, and Values, and that the portfolio will be reviewed annually, wit h prohibited investments updated as needed.  Clarified that the Intercontinental Exchange Bank of America Index Family’s classification system will be used to identify business sectors for the purpose of excluding prohibited investment types. This system is an industry standard and ensures consistency in evaluating potential exclusions.  Added three new business sectors to the list of prohibited investments: o Companies that develop or manufacture commodities that facilitate violence or war. o Companies engaged in border or mass surveillance industries. o Companies involved in mass incarceration or detention industries. XIV. Investment Risk The Policy previously excluded three business sectors—fossil fuel companies, tobacco and tobacco-related companies, and companies supporting firearm production—within Section XIV (Investment Risk). For clarity and consistency, these exclusions have been relocated to Section XI (Prohibited Investment Practices and Instruments). The attached Resolution documents the annual review and confirms the delegation of authority to Staff to complete investment transactions. The Policy is provided as Exhibit A to the Resolution. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions 2) Exhibit A to the Resolution - Statement of Investment Policy for the City of Dublin 3) Statement of Investment Policy for the City of Dublin (Redline) 4) June 2, 2025 Finance and Investment Committee Agenda Item #2.2 Staff Report (without attachments) 91 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE ANNUAL REVIEW OF THE STATEMENT OF INVESTMENT POLICY AND DELEGATION OF AUTHORITY TO COMPLETE INVESTMENT TRANSACTIONS WHEREAS, on August 21, 2007 the City Council adopted Resolution 152 -07 approving a City Investment Policy (Policy); and WHEREAS, Section XVIII of the Policy requires an annual review by the City Council no later than the second meeting in September; and WHEREAS, the last modification to the policy was approved by the Council at the City Council meeting of September 17, 2024; and WHEREAS, the focus of the annual review is to allow for any adjustments as a result of changes in State laws or other recommended modifications; and WHEREAS, consistent with the provisions of Government Code Section 53607, the Policy provides for the City Council to delegate for a one-year period the authority to invest City funds to the City Treasurer and any duly appointed Deputy City Treasurer; and WHEREAS, Staff recommends changes to the Investment Policy to align with the City’s Mission, Vision, and Values, and relocating language for clarity and consistency; and WHEREAS, the City Council reviewed the Investment Policy at the September 1 6, 2025 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby in accordance with California Government Code 53646(a)(2) complete the annual review of the Statement of Investment Policy, as attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council action explicitly renews the delegation of authority to complete investment transactions by City Staff (Finance Director designated as th e City Treasurer and the City Manager designated as the Deputy City Treasurer), as described in Section IV of the Policy. {Signatures on the following page} 92 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 16th day of September 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 93 Attachment 2 Exhibit A to the Resolution STATEMENT OF INVESTMENT POLICY FOR THE CITY OF DUBLIN I. INTRODUCTION This Statement of Investment Policy is intended to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City's objectives of safety, liquidity and return through a diversified investment portfolio. This policy also serves to organize and formalize the City's investment - related activities, while complying with all applicable status governing the investment of public funds. II. SCOPE This policy covers all funds and investment activities under the direct authority of the City of Dublin, as set forth in the State Government Code, sections 53600 et seq., excluding any bond-related proceeds or reserves, which are governed by their bond indentures. Cash held by the City shall be pooled in order to more effectively manage City cash resources. All pooled funds are accounted for in the City's Comprehensive Annual Financial Report and include: Funds General Fund Special Revenue Funds Capital Project Funds Internal Service Funds Enterprise Funds Agency Funds This original investment policy was adopted by the City of Dublin (the "City"), on August 21, 2007. This update to the Policy is effective on September 16, 2025 and replaces any previous versions. III. OBJECTIVES The overall program shall be designed and managed with a degree of professionalism worthy of the public trust. The primary objectives, in order of priority, of the City's investment activities shall be: 1) Safety: Safety of principal is the foremost objective of the investment program. The City's investments shall be undertaken in a manner that seeks to safeguard the principal of the funds under its control by maintaining an appropriate risk level. 94 2 2) Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet its reasonably anticipated cash flow requirements. 3) Return: Return should become a consideration only after the basic requirements of safety and liquidity have been met. The City seeks to attain market average rate of return on its investments throughout economic cycles, consistent with constraints imposed by its safety objectives and cash flow considerations . 4) Diversification: The investment portfolio will be diversif ied to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. This shall also conform with applicable sections of the Government Code. IV. DELEGATION OF AUTHORITY As authorized in Government Code Section 53607, the City Council delegates the authority to invest funds of the City to the City Treasurer and/or any duly appointed Deputy City Treasurer. The City Treasurer and any duly appointed Deputy City Treasurer shall make all investment decisions and transactions in strict accordance with State law and this investment policy. The Finance Director shall be designated as the City Treasurer and the City Manager shall be designated as the Deputy City Treasurer. This delegation shall be for a one-year period until the delegation of authority is revoked or expires. The City Council may renew the authority each year as part of an annual review of this policy. The City Treasurer shall establish procedures for the operation of the investment program. The City Treasurer shall be also responsible for all transactions undertaken and establishing a system of controls to regulate the activities of subordinates. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio's return and the cash flow requirements of the City. Authorized individuals acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase 95 3 and sell investment securities in accordance with this investment policy. Such managers must be registered under the Investment Advisors Act of 1940. V. PRUDENCE Pursuant to California Government Code Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the prudent investor standard: "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." VI. ETHICS AND CONFLICTS OF INTEREST All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. Thus , employees and officials involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Additionally, the City Treasurer and the Deputy Treasurer shall file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). VII. INTERNAL CONTROLS The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by City management. Periodically, as deemed appropriate by City management and/or the City Council, an independent analysis by an external auditor shall be conducted to review internal controls, account activity and compliance with policies and procedures. 96 4 VIII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS To the extent practical the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. It shall be the City's policy to purchase securities only from authorized institutions and firms. No deposit of public funds shall be made except in a qualified public depository as established by state laws. Institutions eligible to transact investment business with the City include: 1) Primary government dealers as designated by the Federal Reserve Bank and non - primary government dealers 2) Nationally or state-chartered banks 3) The Federal Reserve Bank 4) Direct issuers of securities eligible for purchase The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes. These may include primary or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-l (uniform net capital rule). The City requires each firm that will be used for the purchase or sale of securities to be evaluated by the Treasurer prior to any investments. The firms shall submit current financial statements, and annual audited financial statements each year thereafter, which are to be evaluated by the Treasurer. At a minimum, the firm must be financially sound and have been in business a minimum of three years. In addition, the firms must provide: proof of National Association of Security Dealers membership, proof of state registration or exemption, and certificate of having read the City's investment policy. If an investment adviser is retained by the City, then that adviser will be permitted to use their own list of approved broker/dealers and financial institu tions for investment purposes. IX. AUTHORIZED AND SUITABLE INVESTMENTS The City's investments are governed by Government Code, Sections 53600 et seq. Within the investments permitted by the Government Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this 97 5 section apply at the time the security is purchased. Any investment currently held at the time the Policy is adopted which does not meet the new Policy guidelines can be held until maturity, and shall be exempt from the current Policy. At the time of the investment's maturity or liquidation such funds shall be reinvested only as provided in the most current Policy. An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. 1) United States Treasury Issues. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the portfolio that may be invested in this category. The maximum maturity of these securities is ten years. The City Council authorized investments in United States Treasury Issues beyond five years on September 6, 2022. 2) Federal Agency Obligations. Federal agency or United States government- sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government- sponsored enterprises. There is no limitation as to the percentage of the portfolio that may be invested in this category. However, the portfolio's exposure to any one federal agency issuer is limited to 35 percent of the overall portfolio. The limit of the overall portfolio's exposure to callable federal agency securities is 25 percent. The maximum maturity for agency securities is ten years. The City Council authorized investments in Federal Agency Obligations beyond five years on September 6, 2022. 3) Bankers' Acceptances. Bankers' acceptances, otherwise known as bills of exchange or time drafts, that are drawn on and accepted by a commercial bank. Bankers' acceptances must be secured by the irrevocable primary obligation of the accepting domestic bank. Purchasers are limited to issuers whose short -term debt is rated "A- 1" or higher, or the equivalent, by a Nationally Recognized Statistical - Rating Organization (NRSRO). Bankers' acceptances cannot exceed a maturity of 180 days. A maximum of 40 percent of the portfolio may be invested in this category. The amount invested in bankers' acceptances with any one financial 98 6 institution in combination with any other debt from that financial in stitution shall not exceed 20 percent of the portfolio. 4) Commercial Paper. Commercial paper of "prime" quality rated "A-1" or higher, or the equivalent, by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (a) or paragraph (b): a. The entity meets the following criteria: (i) Is organized and operating in the United States as a general corporation. (ii) Has total assets in excess of five hundred million dollars ($500,000,000). (iii) Has debt oth er than commercial paper, if any, that is rated "A" or higher by a nationally recognized statistical- rating organization. b. The entity meets the following criteria: (i) Is organized within the United States as a special purpose corporation, trust, or limited liability company. (ii) Has program wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. (iii) Has commercial paper that is rated "A-1" or higher, or the equivalent, by a nationally recognized statistical-rating organization. Eligible commercial paper shall have a maximum maturity of 270 days or less and not represent more than 10 percent of the outstanding paper of an issuing corporation. A maximum of 25 percent of the portfolio may be inve sted in this category. Under a provision of the California Government Code sunsetting on January 1, 2026, no more than 40 percent of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000. The amount invested in commercial paper of any one issuer in combination with any other debt from that issuer shall not exceed 20 percent of the portfolio. 5) Negotiable Certificates of Deposit. Negotiable certificates of deposit (NCDs) issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. Purchases are limited to institutions which have long-term debt rated "A" or better and/or have short-term debt rated at least "A-1" or higher, or the equivalent by a NRSRO. A maximum of 30 percent of the portfolio may be invested in this category. The amount invested in NCDs with any one financial institution in combination with any other debt from that financial institution shall not exceed 20 percent of the portfolio. The maximum maturity of these securities is five years. 99 7 6) Time Certificates of Deposit. Time Certificates of Deposit (TCDs) placed with commercial banks and savings and loans. The purchase of TCDs from out-of-state banks or savings and loans is prohibited. The amount on deposit shall not exceed the shareholder's equity in the financial institution. To be eligible for purchase, the financial institution must have received a minimum overall satisfactory rating for meeting the credit needs of California Communities in its most recent evaluation, as provided Government Code Section 53635.2. TCDs are required to be collateralized as specified under Government Code Section 53630 et. seq. The Treasurer, at his discretion, may waive the collateralization requirements for any portion that is covered by federal (FDIC) insurance. The City shall have a signed agreement with the depository per Government Code Section 53649. The maximum maturity of these securities may not exceed one (1) year in maturity. A maximum of 10 percent of the portfolio may be invested in this category. 7) Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the In vestment Company Act of 1940, provided that, a. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria: i. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or ii. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million. iii. No more than 10% of the total portfolio may be invested in shares of any one mutual fund. b. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria: i. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 100 8 ii. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million. iii. No more than 20% of the total portfolio may be invested in Money Market Mutual Funds. c. No more than 20% of the total portfolio may be invested in these securities. 8) State of California Local Agency Investment Fund (LAIF). The City may invest up to the maximum as permitted by LAIF. For due diligence, the Treasurer shall maintain on file a copy of LAIF's current Answer Book. 9) Joint Powers Authority (JPA) Pools, provided that: The JPA is organized pursuant to California Government Code Section 6509.7 and invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the JPA. The JPA has retained an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years’ experience investing in instruments authorized by Section 53601, subdivisions (a) to (q). 10) Medium Term Notes. Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated "A" or higher, or the equivalent, by a NRSRO. A maximum of 30 percent of the City's portfolio may be invested in this category and a maximum of 5 percent with any one issuer. The maximum maturity of these securities is five years. 11) Asset-Backed, Mortgage-Backed, Mortgage Pass-Through Securities, and Collateralized Mortgage Obligations, from issuers not defined in the Federal Agency Obligations Subdivision. The City may purchase such securities provided that they are rated "AA" or higher, or the equivalent, by a NRSRO. Purchase of securities authorized by this subdivision may not exceed 20 percent of the portfolio, and a maximum of 5 percent per issue. The maximum maturity of these securities is five years. 101 9 12) Municipal Securities. Obligations of the State of California, any of the other 49 states, or any local agency within the State of California, may be purchased by the City provided that long-term obligations are rated "A" or higher, or the equivalent, by at least one NRSRO. There are no limits on the dollar amount or percentage that the city may invest in municipal securities; however, investments in these securities are limited to a maximum of 5 percent with any single issuer. The maximum maturity of these securities is ten years. The City Council authorized investments in Municipal Securities beyond five years on September 6, 2022. 13) Supranationals provided that issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank. The securities must be rated in a rating category of “AA” or its equivalent by a NRSRO. No more than 30% of the portfolio may be invested in these securities, and no more than 10% of the portfolio may be invested in any single issuer. The maximum maturity does not exceed five (5) years. X. AUTHORIZED INVESTMENTS FOR BOND PROCEEDS Bond proceeds shall be invested in securities permitted by the applicable bond documents. If the bond documents are silent as to the permitted investment s, bond proceeds will be invested in securities permitted by this Policy. Notwithstanding the provisions of the Policy, the percentage or dollar portfolio limitations listed elsewhere in this Policy do not apply to bond proceeds. In addition to the securit ies listed in Section IX above, bond proceeds may be invested in structured investment products if approved by the Treasurer. XI. PROHIBITED INVESTMENT PRACTICES AND INSTRUMENTS City Investments will be guided by the City’s Mission, Vision, and Values and during the annual review of the Investment Policy, the City shall review the portfolio and identify and update prohibited investments as needed. The Intercontinental Exchange Bank of America Index Family’s classification system will be used to identify business sectors for the purpose of excluding prohibited investment types. The City will not invest in fossil fuel companies, tobacco or tobacco-related companies and companies that support the production of firearms. 102 10 The City will not invest in companies that develop or manufacture commodities that facilitate violence or war. The City will not invest in companies that engage in border or mass surveillance industries. The City will not invest in companies that are involved in mass incarceration or detention industries. The City shall not make investments for the purpose of trading or speculation as the dominate criterion such as anticipation of appreciation of capital value through changes in market rates. Any investment in a security not specifically listed as an Authorized and Suitable Investment above, but otherwise permitted by the Government Code, is prohibited without the prior approval of the City Council. Section 53601.6 of the Government Code specifically disallows investments in invoice floaters, range notes, or interest- only strips that are derived from a pool of mortgages. Under a provision of the California Government Code sunsetting on January 1, 2026, securities backed by the United States Government that could result in a zero or negative interest accrual if held to maturity are permitted. XII. REVIEW OF INVESTMENT PORTFOLIO The City Treasurer shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and es tablish protocols for reporting major and critical incidences of noncompliance to the City Council. XIII. TERM OF INVESTMENTS Funds of the City will be invested in accordance with sound treasury management principles. It is the objective of this Policy to provide a system which will accurately monitor and forecast revenues and expenditures so that the City can invest funds to the fullest extent possible. The maximum maturity of individual investments shall not exceed the limits set forth in under Authorized and Suitable Investments. No investment shall exceed a maturity of five years from the date of purchase unless the City Coun cil has granted express 103 11 authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. XIV. INVESTMENT RISK a. MARKET RISK Market risk is the risk that the portfolio will decline in value (or will not optimize its value) due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City shall mitigate market risk by providing adequate liquidity for short-term cash needs, and by making some longer-term investments only with funds that are not needed for current cash flow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal pay-downs prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: i. The maximum stated final maturity of individual securities in the portfolio shall be five years, unless otherwise stated in this policy; ii. The City shall maintain a minimum of three months of budgeted operating expenditures in cash, cash equivalents and short-term investments; and iii. The duration of the portfolio will typically be approximately equal to the duration of a market index, selected by the City as its performance benchmark, which meets the City's needs for cash flow and level of risk tolerance plus or minus 20%. b. CREDIT RISK In general, the City's portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions, such as credit risk. Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of 104 12 the issuer to repay its debt. The City shall mitigate credit risk by adopting the following strategies: i. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; ii. No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. iii. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or return of the portfolio in response to market conditions or the City's risk preferences; and iv. If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the following steps will be taken: 1. Any actions taken related to the downgrade by the investment manager will be communicated to the City in a timely manner. 2. If a decision is made to retain the security, the credit situation will be monitored and reported back to the City. XV. SAFEKEEPING AND CUSTODY Investment securities are to be purchased when possible in book-entry form in the City's name. All security transactions entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. All cash and securities in the City's portfolio shall be held in safekeeping in the City's name by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. All investment transactions will require a safekeeping receipt or acknowledgment generated from the trade. A monthly report will be received by the City from the safekeeping institution listing all securities held in safekeeping with current market data and other information. The only exception to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and , (iii) money mutual funds, since the purchased securities are not deliverable. Term and non-negotiable instruments, such as certificates of deposit, can be held by the Treasurer, or in safekeeping as the Treasurer deems appropriate. XVI. PERFORMANCE BENCHMARK 105 13 The investment portfolio shall be designed to attain a market -average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments. The Treasurer shall monitor and evaluate the portfolio's performance relative to the market benchmark, which will be included in the Treasurer's quarterly report. The Treasurer shall select an appropriate, readily available index to use as a benchmark. XVII. REPORT INFORMATION The Treasurer shall prepare a report to the City Council not less than semi -annually which is available each year within 60 days following December 31st and June 30th. The semi-annual report shall be presented at a subsequent regularly scheduled City Council Meeting. The report shall be inclusive of a monthly listing of investment transactions. At a minimum the report shall include the following (Revised 9-18-2012): a. Type of Investment b. Issuer c. Date of Maturity d. Par and dollar amount invested e. Current Market Value as of the date of the report f. Source of the market value information g. A list of investment transactions. h. A statement of compliance with the investment policy i. A statement as to the ability of the City to meet its expenditure requirements for the next six months In addition, the City Treasurer will submit a monthly transaction report to the City Council. XVIII. REVIEW OF INVESTMENT POLICY This policy shall be subject to review by the City Council on an annual basis, by the second Council meeting in September. Any recommended modifications or amendments shall be presented by Staff to the City Council for their consideration and adoption. 106 14 GLOSSARY OF TERMS ACCRUED INTEREST: Interest earned but not yet received. AGENCIES: Federal agency securities and/or Government-sponsored enterprises. Examples of well-known agencies that issue bonds are Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac"), Federal National Mortgage Association (FNMA or "Fannie Mae"), and the Federal Home Loan Bank. AMORTIZATION: An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time. ASKED: The price at which securities are offered. ASSET BACKED SECURITIES: Securities supported by pools of installment loans or leases or by pools of revolving lines of credit. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: One basis point is one hundredth of one percent (.0 I ). BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BID PRICE: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BOND: A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment. BOOK ENTRY: The system maintained by the Federal Reserve, by which most money market securities are delivered to an investor's custodial bank. The Federal Reserve maintains a computerized record of the ownership of these securities and records any changes in ownership corresponding to payments made over the Federal Reserve wire (delivery versus payment.) BOOK VALUE: The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. 107 15 BROKER: A broker brings buyers and sellers together for a commission. CALLABLE BOND: A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. CALL RISK: The risk to a bondholder that a bond may be redeemed prior to maturity. CERTIFICATE OF DEPOSIT (CD): A deposit insured up to $100,000 by the FDIC at a set rate for a specified period of time. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COLLATERALIZED MORTGAGE OBLIGATION (CMO): Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. COMMERCIAL PAPER: An unsecured promissory note of industrial corporations, utilities and bank holding companies having assets in excess of $500 million and an "A" or higher rating for the issuer's debentures. Interest is discounted from par and calculated using the actual number of days on a 360-day year. The notes are in bearer form, mature from one to 270 days and generally start at $100,000. There is a secondary market for commercial paper and an investor may sell them prior to maturity. Unused lines of credit back commercial paper from major banks. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). Supplemental information is also included including a detailed multi-year comparative statistics. COST YIELD: The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been in cluded in the purchase cost, it is an incomplete measure of return. 108 16 COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. CREDIT RISK: The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. CURRENT YIELD: The interest paid on an investment expressed as a percentage of the current price of the security. CUSTODY: A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, and to buy, sell, receive an d deliver securities when ordered to do so by the account holder. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT (DVP): Delivery versus payment is delivery of securities with an exchange of money for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. DISCOUNT SECURITIES: Non-interest-bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed -income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. 109 17 The duration of a security is a useful indicator of its price volatility for given changes in interest rates. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). The corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent m ember, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FED WIRE: A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC or Freddie Mac): A United States government sponsored corporation. 110 18 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, an d other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FmHA mortgages. The term "pass - throughs" is often used to describe Ginnie Maes. HAIRCUT: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). INTEREST RATE: The annual yield earned on an investment, expressed as a percentage. LEVERAGE: Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. LIQUIDITY: Refers to the ability to easily and rapidly convert a security into cash. LOCAL AGENCY INVESTMENT FUND (LAIF): The local Agency Investment Fund (LAIF) is a special fund in the California State Treasury created and governed pursuant to Government Code Sections 16429.1 et seq. There are limits on the maximum dollars deposited by a city as well as the number of transactions allowed each month. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in custody of the State Treasurer for investment and reinvestment. MAKE WHOLE CALL: A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." MARGIN: The difference between the market value of a security and the loan a broker makes using that security as collateral. MARKET RISK: The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold on a specific date. 111 19 MARKING TO MARKET: The process of posting current market values for securities in a portfolio. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MEDIUM TERM NOTES (MTNs): Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. MODIFIED DURATION: The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. MONEY MARKET: The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker's acceptances) are issued and traded. MONEY MARKET MUTUAL FUND: Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, and federal funds). MORTGAGE PASS THROUGH SECURITIES: A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. MUNICIPAL SECURITIES: Securities issued by state and local agencies to finance capital and operating expenses. MUTUAL FUND: An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or internationa l stocks, bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD): A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund sh ares as well as other securities. 112 20 NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NSROs); Credit rating agencies whose ratings are permitted to be used for regulatory purposes such as those imposed by the Securities and Exchange Commission. NEGOTIABLE CERTIFICATE OF DEPOSIT: A large denomination certificate of deposit which can be sold in the open market prior to maturity. NEW ISSUE: Term used when a security is originally "brought" to market. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve' s most important and most flexible monetary policy tool. PORTFOLIO: Collection of securities held by an investor. PREMIUM: The amount by which the price paid for a security exceeds the security's par value. PREPAYMENT SPEED: A measure of how quickly principal is repaid to investors in mortgage securities. PREPAYMENT WINDOW: The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested in a given security. PRUDENT PERSON (PRUDENT INVESTOR) RULE: A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that 113 21 a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." PURCHASE DATE: The date on which a security is purchased for settlement on that or a later date. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. REALIZED YIELD: The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to change s in market value on securities, which have not been sold from the portfolio. REGIONAL DEALER: A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. RULE 2a-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13 - month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). SAFEKEEPING: See CUSTODY. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors m securities transactions by administering securities legislation. SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds. STRUCTURED NOTE: A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse 114 22 floating rate notes which have coupons that increase when other interest rates are f alling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. TENNESSEE VALLEY AUTHORITY (TVA): The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds. TIME CERTIFICATE OF DEPOSIT: A non-negotiable certificate of deposit which cannot be sold prior to maturity. TOTAL RATE OF RETURN: A measure of a portfolio's performance over time. It i s the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. TREASURY BILLS: A non-interest-bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year and are sold on a discount basis. TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of I to 10 years. U.S. GOVERNMENT AGENCIES: Instruments issued by various US Government Agencies most of which are secured only by the credit worthiness of the particular agency. VOLATILITY: The rate at which security prices change with changes in general economic conditions or the general level of interest rates. WEIGHTED AVERAGE MATURITY (WAM): The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years. YIELD: The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security. 115 23 YIELD TO MATURITY: The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage. YIELD CURVE: The yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years. ZERO-COUPON SECURITY: Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. 116 Attachment 3 STATEMENT OF INVESTMENT POLICY FOR THE CITY OF DUBLIN I. INTRODUCTION This Statement of Investment Policy is intended to identify various policies and procedures that will foster a prudent and systematic investment program designed to seek the City's objectives of safety, liquidity and return through a diversified investment portfolio. This policy also serves to organize and formalize the City's investment- related activities, while complying with all applicable status governing the investment of public funds. II. SCOPE This policy covers all funds and investment activities under the direct authority of the City of Dublin, as set forth in the State Government Code, sections 53600 et seq., excluding any bond-related proceeds or reserves, which are governed by their bond indentures. Cash held by the City shall be pooled in order to more effectively manage City cash resources. All pooled funds are accounted for in the City's Comprehensive Annual Financial Report and include: Funds General Fund Special Revenue Funds Capital Project Funds Internal Service Funds Enterprise Funds Agency Funds This original investment policy was adopted by the City of Dublin (the "City"), on August 21, 2007. This update to the Policy is effective on September 1 67, 20254 and replaces any previous versions. III. OBJECTIVES The overall program shall be designed and managed with a degree of professionalism worthy of the public trust. The primary objectives, in order of priority, of the City's investment activities shall be: 1) Safety: Safety of principal is the foremost objective of the investment program. The City's investments shall be undertaken in a manner that seeks to safeguard the principal of the funds under its control by maintaining an appropriate risk level. 117 2 2) Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet its reasonably anticipated cash flow requirements. 3) Return: Return should become a consideration only after the basic requirements of safety and liquidity have been met. The City seeks to attain market average rate of return on its investments throughout economic cycles, consistent with constraints imposed by its safety objectives and cash flow considerations. 4) Diversification: The investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. This shall also conform with applicable sections of the Government Code. IV. DELEGATION OF AUTHORITY As authorized in Government Code Section 53607, the City Council delegates the authority to invest funds of the City to the City Treasurer and/or any duly appointed Deputy City Treasurer. The City Treasurer and any duly appointed Deputy City Treasurer shall make all investment decisions and transactions in strict accordance with State law and this investment policy. The Finance Director shall be designated as the City Treasurer and the City Manager shall be designated as the Deputy City Treasurer. This delegation shall be for a one-year period until the delegation of authority is revoked or expires. The City Council may renew the authority each year as part of an annual review of this policy. The City Treasurer shall establish procedures for the operation of the investment program. The City Treasurer shall be also responsible for all transactions undertaken and establishing a system of controls to regulate the activities of subordinates. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio's return and the cash flow requirements of the City. Authorized individuals acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase 118 3 and sell investment securities in accordance with this investment policy. Such managers must be registered under the Investment Advisors Act of 1940. V. PRUDENCE Pursuant to California Government Code Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the prudent investor standard: "When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency." VI. ETHICS AND CONFLICTS OF INTEREST All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. Thus, employees and officials involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Additionally, the City Treasurer and the Deputy Treasurer shall file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). VII. INTERNAL CONTROLS The Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by City management. Periodically, as deemed appropriate by City management and/or the City Council, an independent analysis by an external auditor shall be conducted to review internal controls, account activity and compliance with policies and procedures. 119 4 VIII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS To the extent practical the Treasurer shall endeavor to complete investment transactions using a competitive bid process whenever possible. It shall be the City's policy to purchase securities only from authorized institutions and firms. No deposit of public funds shall be made except in a qualified public depository as established by state laws. Institutions eligible to transact investment business with the City include: 1) Primary government dealers as designated by the Federal Reserve Bank and non- primary government dealers 2) Nationally or state-chartered banks 3) The Federal Reserve Bank 4) Direct issuers of securities eligible for purchase The Treasurer shall maintain procedures for establishing a list of authorized broker/dealers and financial institutions which are approved for investment purposes. These may include primary or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-l (uniform net capital rule). The City requires each firm that will be used for the purchase or sale of securities to be evaluated by the Treasurer prior to any investments. The firms shall submit current financial statements, and annual audited financial statements each year thereafter, which are to be evaluated by the Treasurer. At a minimum, the firm must be financially sound and have been in business a minimum of three years. In addition, the firms must provide: proof of National Association of Security Dealers membership, proof of state registration or exemption, and certificate of having read the City's investment policy. If an investment adviser is retained by the City, then that adviser will be permitted to use their own list of approved broker/dealers and financial institutions for investment purposes. IX. AUTHORIZED AND SUITABLE INVESTMENTS The City's investments are governed by Government Code, Sections 53600 et seq. Within the investments permitted by the Government Code, the City seeks to further restrict eligible investments to the guidelines listed below. In the event an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence. Percentage holding limits listed in this 120 5 section apply at the time the security is purchased. Any investment currently held at the time the Policy is adopted which does not meet the new Policy guidelines can be held until maturity, and shall be exempt from the current Policy. At the time of the investment's maturity or liquidation such funds shall be reinvested only as provided in the most current Policy. An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. 1) United States Treasury Issues. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the portfolio that may be invested in this category. The maximum maturity of these securities is ten years. The City Council authorized investments in United States Treasury Issues beyond five years on September 6, 2022. 2) Federal Agency Obligations. Federal agency or United States government- sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government- sponsored enterprises. There is no limitation as to the percentage of the portfolio that may be invested in this category. However, the portfolio's exposure to any one federal agency issuer is limited to 35 percent of the overall portfolio. The limit of the overall portfolio's exposure to callable federal agency securities is 25 percent. The maximum maturity for agency securities is ten years. The City Council authorized investments in Federal Agency Obligations beyond five years on September 6, 2022. 3) Bankers' Acceptances. Bankers' acceptances, otherwise known as bills of exchange or time drafts, that are drawn on and accepted by a commercial bank. Bankers' acceptances must be secured by the irrevocable primary obligation of the accepting domestic bank. Purchasers are limited to issuers whose short-term debt is rated "A- 1" or higher, or the equivalent, by a Nationally Recognized Statistical- Rating Organization (NRSRO). Bankers' acceptances cannot exceed a maturity of 180 days. A maximum of 40 percent of the portfolio may be invested in this category. The amount invested in bankers' acceptances with any one financial 121 6 institution in combination with any other debt from that financial institution shall not exceed 20 percent of the portfolio. 4) Commercial Paper. Commercial paper of "prime" quality rated "A-1" or higher, or the equivalent, by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (a) or paragraph (b): a. The entity meets the following criteria: (i) Is organized and operating in the United States as a general corporation. (ii) Has total assets in excess of five hundred million dollars ($500,000,000). (iii) Has debt other than commercial paper, if any, that is rated "A" or higher by a nationally recognized statistical- rating organization. b. The entity meets the following criteria: (i) Is organized within the United States as a special purpose corporation, trust, or limited liability company. (ii) Has program wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. (iii) Has commercial paper that is rated "A-1" or higher, or the equivalent, by a nationally recognized statistical-rating organization. Eligible commercial paper shall have a maximum maturity of 270 days or less and not represent more than 10 percent of the outstanding paper of an issuing corporation. A maximum of 25 percent of the portfolio may be invested in this category. Under a provision of the California Government Code sunsetting on January 1, 2026, no more than 40 percent of the portfolio may be invested in Commercial Paper if the Agency’s investment assets under management are greater than $100,000,000. The amount invested in commercial paper of any one issuer in combination with any other debt from that issuer shall not exceed 20 percent of the portfolio. 5) Negotiable Certificates of Deposit. Negotiable certificates of deposit (NCDs) issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. Purchases are limited to institutions which have long-term debt rated "A" or better and/or have short-term debt rated at least "A-1" or higher, or the equivalent by a NRSRO. A maximum of 30 percent of the portfolio may be invested in this category. The amount invested in NCDs with any one financial institution in combination with any other debt from that financial institution shall not exceed 20 percent of the portfolio. The maximum maturity of these securities is five years. 122 7 6) Time Certificates of Deposit. Time Certificates of Deposit (TCDs) placed with commercial banks and savings and loans. The purchase of TCDs from out-of-state banks or savings and loans is prohibited. The amount on deposit shall not exceed the shareholder's equity in the financial institution. To be eligible for purchase, the financial institution must have received a minimum overall satisfactory rating for meeting the credit needs of California Communities in its most recent evaluation, as provided Government Code Section 53635.2. TCDs are required to be collateralized as specified under Government Code Section 53630 et. seq. The Treasurer, at his discretion, may waive the collateralization requirements for any portion that is covered by federal (FDIC) insurance. The City shall have a signed agreement with the depository per Government Code Section 53649. The maximum maturity of these securities may not exceed one (1) year in maturity. A maximum of 10 percent of the portfolio may be invested in this category. 7) Mutual Funds and Money Market Mutual Funds that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that, a. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusive and that meet either of the following criteria: i. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or ii. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million. iii. No more than 10% of the total portfolio may be invested in shares of any one mutual fund. b. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria: i. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 123 8 ii. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million. iii. No more than 20% of the total portfolio may be invested in Money Market Mutual Funds. c. No more than 20% of the total portfolio may be invested in these securities. 8) State of California Local Agency Investment Fund (LAIF). The City may invest up to the maximum as permitted by LAIF. For due diligence, the Treasurer shall maintain on file a copy of LAIF's current Answer Book. 9) Joint Powers Authority (JPA) Pools, provided that: The JPA is organized pursuant to California Government Code Section 6509.7 and invests in the securities and obligations authorized in subdivisions (a) to (r), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the JPA. The JPA has retained an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years’ experience investing in instruments authorized by Section 53601, subdivisions (a) to (q). 10) Medium Term Notes. Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated "A" or higher, or the equivalent, by a NRSRO. A maximum of 30 percent of the City's portfolio may be invested in this category and a maximum of 5 percent with any one issuer. The maximum maturity of these securities is five years. 11) Asset-Backed, Mortgage-Backed, Mortgage Pass-Through Securities, and Collateralized Mortgage Obligations, from issuers not defined in the Federal Agency Obligations Subdivision. The City may purchase such securities provided that they are rated "AA" or higher, or the equivalent, by a NRSRO. Purchase of securities authorized by this subdivision may not exceed 20 percent of the portfolio, and a maximum of 5 percent per issue. The maximum maturity of these securities is five years. 124 9 12) Municipal Securities. Obligations of the State of California, any of the other 49 states, or any local agency within the State of California, may be purchased by the City provided that long-term obligations are rated "A" or higher, or the equivalent, by at least one NRSRO. There are no limits on the dollar amount or percentage that the city may invest in municipal securities; however, investments in these securities are limited to a maximum of 5 percent with any single issuer. The maximum maturity of these securities is ten years. The City Council authorized investments in Municipal Securities beyond five years on September 6, 2022. 13) Supranationals provided that issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank. The securities must be rated in a rating category of “AA” or its equivalent by a NRSRO. No more than 30% of the portfolio may be invested in these securities, and no more than 10% of the portfolio may be invested in any single issuer. The maximum maturity does not exceed five (5) years. X. AUTHORIZED INVESTMENTS FOR BOND PROCEEDS Bond proceeds shall be invested in securities permitted by the applicable bond documents. If the bond documents are silent as to the permitted investments, bond proceeds will be invested in securities permitted by this Policy. Notwithstanding the provisions of the Policy, the percentage or dollar portfolio limitations listed elsewhere in this Policy do not apply to bond proceeds. In addition to the securities listed in Section IX above, bond proceeds may be invested in structured investment products if approved by the Treasurer. XI. PROHIBITED INVESTMENT PRACTICES AND INSTRUMENTS City Investments will be guided by the City’s Mission, Vision, and Values and during the annual review of the Investment Policy, the City shall review the portfolio and identify and update prohibited investments as needed. The Intercontinental Exchange Bank of America Index Family’s classification system will be used to identify business sectors for the purpose of excluding prohibited investment types. 125 10 The City will not invest in fossil fuel companies, tobacco or tobacco-related companies and companies that support the production of firearms. The City will not invest in companies that develop or manufacture commodities that facilitate violence or war. The City will not invest in companies that engage in border or mass surveillance industries. The City will not invest in companies that are involved in mass incarceration or detention industries. The City shall not make investments for the purpose of trading or speculation as the dominate criterion such as anticipation of appreciation of capital value through changes in market rates. Any investment in a security not specifically listed as an Authorized and Suitable Investment above, but otherwise permitted by the Government Code, is prohibited without the prior approval of the City Council. Section 53601.6 of the Government Code specifically disallows investments in invoice floaters, range notes, or interest- only strips that are derived from a pool of mortgages. Under a provision of the California Government Code sunsetting on January 1, 2026, securities backed by the United States Government that could result in a zero or negative interest accrual if held to maturity are permitted. XII. REVIEW OF INVESTMENT PORTFOLIO The City Treasurer shall periodically, but no less than quarterly, review the portfolio to identify investments that do not comply with this investment policy and establish protocols for reporting major and critical incidences of noncompliance to the City Council. XIII. TERM OF INVESTMENTS Funds of the City will be invested in accordance with sound treasury management principles. It is the objective of this Policy to provide a system which will accurately monitor and forecast revenues and expenditures so that the City can invest funds to the fullest extent possible. 126 11 The maximum maturity of individual investments shall not exceed the limits set forth in under Authorized and Suitable Investments. No investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. XIV. INVESTMENT RISK a. MARKET RISK Market risk is the risk that the portfolio will decline in value (or will not optimize its value) due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City shall mitigate market risk by providing adequate liquidity for short-term cash needs, and by making some longer-term investments only with funds that are not needed for current cash flow purposes. The City also prohibits investments in any fossil fuel companies, tobacco or tobacco-related companies, and companies in support of the production of firearms. The City further recognizes that certain types of securities, including variable rate securities, securities with principal pay-downs prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: i. The maximum stated final maturity of individual securities in the portfolio shall be five years, unless otherwise stated in this policy; ii. The City shall maintain a minimum of three months of budgeted operating expenditures in cash, cash equivalents and short-term investments; and iii. The duration of the portfolio will typically be approximately equal to the duration of a market index, selected by the City as its performance benchmark, which meets the City's needs for cash flow and level of risk tolerance plus or minus 20%. b. CREDIT RISK 127 12 In general, the City's portfolio will be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions, such as credit risk. Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City shall mitigate credit risk by adopting the following strategies: i. The diversification requirements included in Section IX are designed to mitigate credit risk in the portfolio; ii. No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. iii. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or return of the portfolio in response to market conditions or the City's risk preferences; and iv. If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the following steps will be taken: 1. Any actions taken related to the downgrade by the investment manager will be communicated to the City in a timely manner. 2. If a decision is made to retain the security, the credit situation will be monitored and reported back to the City. XV. SAFEKEEPING AND CUSTODY Investment securities are to be purchased when possible in book-entry form in the City's name. All security transactions entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. All cash and securities in the City's portfolio shall be held in safekeeping in the City's name by a third-party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. All investment transactions will require a safekeeping receipt or acknowledgment generated from the trade. A monthly report will be received by the City from the safekeeping institution listing all securities held in safekeeping with current market data and other information. The only exception to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; (ii) time certificates of deposit, and, (iii) money mutual funds, since the purchased securities are not deliverable. Term and non-negotiable instruments, such as certificates of deposit, can be held by the Treasurer, or in safekeeping as the Treasurer deems appropriate. 128 13 XVI. PERFORMANCE BENCHMARK The investment portfolio shall be designed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City's risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments. The Treasurer shall monitor and evaluate the portfolio's performance relative to the market benchmark, which will be included in the Treasurer's quarterly report. The Treasurer shall select an appropriate, readily available index to use as a benchmark. XVII. REPORT INFORMATION The Treasurer shall prepare a report to the City Council not less than semi-annually which is available each year within 60 days following December 31st and June 30th. The semi-annual report shall be presented at a subsequent regularly scheduled City Council Meeting. The report shall be inclusive of a monthly listing of investment transactions. At a minimum the report shall include the following (Revised 9-18-2012): a. Type of Investment b. Issuer c. Date of Maturity d. Par and dollar amount invested e. Current Market Value as of the date of the report f. Source of the market value information g. A list of investment transactions. h. A statement of compliance with the investment policy i. A statement as to the ability of the City to meet its expenditure requirements for the next six months In addition, the City Treasurer will submit a monthly transaction report to the City Council. XVIII. REVIEW OF INVESTMENT POLICY This policy shall be subject to review by the City Council on an annual basis, by the second Council meeting in September. Any recommended modifications or amendments shall be presented by Staff to the City Council for their consideration and adoption. 129 14 GLOSSARY OF TERMS ACCRUED INTEREST: Interest earned but not yet received. AGENCIES: Federal agency securities and/or Government-sponsored enterprises. Examples of well-known agencies that issue bonds are Federal Home Loan Mortgage Corporation (FHLMC or "Freddie Mac"), Federal National Mortgage Association (FNMA or "Fannie Mae"), and the Federal Home Loan Bank. AMORTIZATION: An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time. ASKED: The price at which securities are offered. ASSET BACKED SECURITIES: Securities supported by pools of installment loans or leases or by pools of revolving lines of credit. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: One basis point is one hundredth of one percent (.0 I ). BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BID PRICE: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BOND: A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment. BOOK ENTRY: The system maintained by the Federal Reserve, by which most money market securities are delivered to an investor's custodial bank. The Federal Reserve maintains a computerized record of the ownership of these securities and records any changes in ownership corresponding to payments made over the Federal Reserve wire (delivery versus payment.) BOOK VALUE: The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount. 130 15 BROKER: A broker brings buyers and sellers together for a commission. CALLABLE BOND: A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. CALL PRICE: The price at which an issuer may redeem a bond prior to maturity. The price is usually at a slight premium to the bond's original issue price to compensate the holder for loss of income and ownership. CALL RISK: The risk to a bondholder that a bond may be redeemed prior to maturity. CERTIFICATE OF DEPOSIT (CD): A deposit insured up to $100,000 by the FDIC at a set rate for a specified period of time. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COLLATERALIZED MORTGAGE OBLIGATION (CMO): Classes of bonds that redistribute the cash flows of mortgage securities (and whole loans) to create securities that have different levels of prepayment risk, as compared to the underlying mortgage securities. COMMERCIAL PAPER: An unsecured promissory note of industrial corporations, utilities and bank holding companies having assets in excess of $500 million and an "A" or higher rating for the issuer's debentures. Interest is discounted from par and calculated using the actual number of days on a 360-day year. The notes are in bearer form, mature from one to 270 days and generally start at $100,000. There is a secondary market for commercial paper and an investor may sell them prior to maturity. Unused lines of credit back commercial paper from major banks. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual financial report for the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP). Supplemental information is also included including a detailed multi-year comparative statistics. COST YIELD: The annual income from an investment divided by the purchase cost. Because it does not give effect to premiums and discounts which may have been included in the purchase cost, it is an incomplete measure of return. 131 16 COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. CREDIT RISK: The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. CURRENT YIELD: The interest paid on an investment expressed as a percentage of the current price of the security. CUSTODY: A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, and to buy, sell, receive and deliver securities when ordered to do so by the account holder. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT (DVP): Delivery versus payment is delivery of securities with an exchange of money for the securities. DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor, or (2) financial contracts based upon notional amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities). DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. DISCOUNT SECURITIES: Non-interest-bearing money market instruments that are issued a discount and redeemed at maturity for full face value, e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. DURATION: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate, and yield to maturity. 132 17 The duration of a security is a useful indicator of its price volatility for given changes in interest rates. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL HOME LOAN BANKS (FHLB): Government sponsored wholesale banks (currently 12 regional banks) which lend funds and provide correspondent banking services to member commercial banks, thrift institutions, credit unions and insurance companies. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA or Fannie Mae): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). The corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members of the system. FED WIRE: A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC or Freddie Mac): A United States government sponsored corporation. 133 18 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA, VA or FmHA mortgages. The term "pass- throughs" is often used to describe Ginnie Maes. HAIRCUT: The margin or difference between the actual market value of a security and the value assessed by the lending side of a transaction (i.e. a repo). INTEREST RATE: The annual yield earned on an investment, expressed as a percentage. LEVERAGE: Borrowing funds in order to invest in securities that have the potential to pay earnings at a rate higher than the cost of borrowing. LIQUIDITY: Refers to the ability to easily and rapidly convert a security into cash. LOCAL AGENCY INVESTMENT FUND (LAIF): The local Agency Investment Fund (LAIF) is a special fund in the California State Treasury created and governed pursuant to Government Code Sections 16429.1 et seq. There are limits on the maximum dollars deposited by a city as well as the number of transactions allowed each month. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in custody of the State Treasurer for investment and reinvestment. MAKE WHOLE CALL: A type of call provision on a bond that allows the issuer to pay off the remaining debt early. Unlike a call option, with a make whole call provision, the issuer makes a lump sum payment that equals the net present value (NPV) of future coupon payments that will not be paid because of the call. With this type of call, an investor is compensated, or "made whole." MARGIN: The difference between the market value of a security and the loan a broker makes using that security as collateral. MARKET RISK: The risk that the value of securities will fluctuate with changes in overall market conditions or interest rates. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold on a specific date. 134 19 MARKING TO MARKET: The process of posting current market values for securities in a portfolio. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MEDIUM TERM NOTES (MTNs): Unsecured, investment-grade senior debt securities of major corporations which are sold in relatively small amounts on either a continuous or an intermittent basis. MTNs are highly flexible debt instruments that can be structured to respond to market opportunities or to investor preferences. MODIFIED DURATION: The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. MONEY MARKET: The market in which short-term debt instruments (T-bills, discount notes, commercial paper, and banker's acceptances) are issued and traded. MONEY MARKET MUTUAL FUND: Mutual funds that invest solely in money market instruments (short- term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, and federal funds). MORTGAGE PASS THROUGH SECURITIES: A securitized participation in the interest and principal cash flows from a specified pool of mortgages. Principal and interest payments made on the mortgages are passed through to the holder of the security. MUNICIPAL SECURITIES: Securities issued by state and local agencies to finance capital and operating expenses. MUTUAL FUND: An entity which pools the funds of investors and invests those funds in a set of securities which is specifically defined in the fund's prospectus. Mutual funds can be invested in various types of domestic and/or international stocks, bonds, and money market instruments, as set forth in the individual fund's prospectus. For most large, institutional investors, the costs associated with investing in mutual funds are higher than the investor can obtain through an individually managed portfolio. NATIONAL ASSOCIATION OF SECURITIES DEALERS (NASD): A self-regulatory organization (SRO) of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. 135 20 NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NSROs ); Credit rating agencies whose ratings are permitted to be used for regulatory purposes such as those imposed by the Securities and Exchange Commission. NEGOTIABLE CERTIFICATE OF DEPOSIT: A large denomination certificate of deposit which can be sold in the open market prior to maturity. NEW ISSUE: Term used when a security is originally "brought" to market. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve' s most important and most flexible monetary policy tool. PORTFOLIO: Collection of securities held by an investor. PREMIUM: The amount by which the price paid for a security exceeds the security's par value. PREPAYMENT SPEED: A measure of how quickly principal is repaid to investors in mortgage securities. PREPAYMENT WINDOW: The time period over which principal repayments will be received on mortgage securities at a specified prepayment speed. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker-dealers, banks, and a few unregulated firms. PRINCIPAL: The face value or par value of a debt instrument, or the amount of capital invested in a given security. PRUDENT PERSON (PRUDENT INVESTOR) RULE: A standard of responsibility which applies to fiduciaries. In California, the rule is stated as "Investments shall be managed with the care, skill, prudence and diligence, under the circumstances then prevailing, that 136 21 a prudent person, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of like character and with like aims to accomplish similar purposes." PURCHASE DATE: The date on which a security is purchased for settlement on that or a later date. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. REALIZED YIELD: The change in value of the portfolio due to interest received and interest earned and realized gains and losses. It does not give effect to changes in market value on securities, which have not been sold from the portfolio. REGIONAL DEALER: A financial intermediary that buys and sells securities for the benefit of its customers without maintaining substantial inventories of securities and that is not a primary dealer. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. RULE 2a-7 OF THE INVESTMENT COMPANY ACT: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13- month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). SAFEKEEPING: See CUSTODY. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors m securities transactions by administering securities legislation. SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds. STRUCTURED NOTE: A complex, fixed income instrument, which pays interest, based on a formula tied to other interest rates, commodities or indices. Examples include inverse 137 22 floating rate notes which have coupons that increase when other interest rates are falling, and which fall when other interest rates are rising, and "dual index floaters," which pay interest based on the relationship between two other interest rates - for example, the yield on the ten-year Treasury note minus the Libor rate. Issuers of such notes lock in a reduced cost of borrowing by purchasing interest rate swap agreements. TENNESSEE VALLEY AUTHORITY (TVA): The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds. TIME CERTIFICATE OF DEPOSIT: A non-negotiable certificate of deposit which cannot be sold prior to maturity. TOTAL RATE OF RETURN: A measure of a portfolio's performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains, and losses in the portfolio. TREASURY BILLS: A non-interest-bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year and are sold on a discount basis. TREASURY BONDS: Long-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of more than 10 years. TREASURY NOTES: Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities of I to 10 years. U.S. GOVERNMENT AGENCIES: Instruments issued by various US Government Agencies most of which are secured only by the credit worthiness of the particular agency. VOLATILITY: The rate at which security prices change with changes in general economic conditions or the general level of interest rates. WEIGHTED AVERAGE MATURITY (WAM): The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years. YIELD: The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security. 138 23 YIELD TO MATURITY: The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage. YIELD CURVE: The yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years. ZERO-COUPON SECURITY: Security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. 139 STAFF REPORT Finance and Investment Committee Page 1 of 9 Agenda Item 2.2 DATE: June 2, 2025 TO: Honorable Committee Members FROM: Colleen Tribby, City Manager SUBJECT: Proposed Updates to the City’s Investment Policy Prepared by: Jay Baksa, Finance Director EXECUTIVE SUMMARY: The Finance and Investment Committee (FIC) will receive a report on the City’s Investment Policy, including a recommendation on how socially responsible investing (SRI) and environmental, social, and governance (ESG) principles may be incorporated therein. The FIC will also receive information on the Boycott, Divestment, Sanctions (BDS) movement and related actions taken by other agencies in their investment policies. STAFF RECOMMENDATION: Receive the report and provide direction on proposed amendments to the City’s Investment Policy and practice, including: expanding the list of prohibited investments; citing the City’s Mission, Vision, and Values; and implementing ESG integration; or, provide alternative direction. The final Investment Policy will be brought to the City Council for approval. FINANCIAL IMPACT: Should the City add ESG integration into its asset management service, the estimated cost would be one basis point (0.01%) of the portfolio’s market value, or approximately $31,000 annually. DESCRIPTION: At the February 10, 2025 meeting, the Finance and Investment Committee (FIC) received a presentation from the City’s investment manager, Chandler Asset Management Inc., on socially responsible investing (SRI) and environmental, social, and governance (ESG) principles. The FIC asked Staff to provide more research on ESG scoring and to research the Boycott, Divestment, Sanctions (BDS) movement and how it compares to SRI and ESG principles. At the April 14, 2025 meeting, the FIC received a presentation from Chandler that provided a Attachment 4 140 Page 2 of 9 more in-depth review of how ESG scoring is currently used. Staff also described the challenges in using BDS as an investment filter. Following the discussion, the FIC requested Staff bring back proposed language to be added to the Investment Policy that addresses socially responsible aspects of investing and reflects the prohibition of certain investments that do not align with the community’s core values. This report presents Staff’s additional research into SRI, ESG, and BDS, along with recommendations for the FIC that balance the desire to align the City’s investing practices with ethical and moral principles, while maintaining sound stewardship of the City’s portfolio. Socially Responsible Investing (SRI) SRI is an investment strategy that seeks to generate financial returns while also considering social, environmental, and ethical factors. The two key components of SRI as an investment tool are: 1.Negative Screening – Excluding companies or industries that conflict with certain values. As an example, the City’s Investment Policy currently includes prohibitions on investing in fossil fuel companies, tobacco or tobacco-related companies, and companies in support of the production of firearms. 2.Positive Screening – Actively investing in companies with strong socially responsible performance (e.g., clean energy, fair labor practices). The City currently does not have a positive screening policy or practice in place. Environmental, Social, and Governance (ESG) ESG investing is a more nuanced investment approach that incorporates non-financial factors, specifically environmental, social, and governance criteria , into the analysis and selection of investments. The goal is to better understand risks and opportunities that may not be visible through traditional financial analysis alone. Broadly speaking, ESG components are as follows: Environmental (E): Climate change, carbon emissions, resource use, pollution, and sustainability practices. Social (S): Labor practices, diversity and inclusion, community impact, data privacy, and customer treatment. Governance (G): Board structure, executive pay, shareholder rights, transparency, and ethical investments. The most important part of ESG investing is establishing how to utilize an ESG score. Chandler currently employs an ESG screening tool internally on all portfolios they manage, including Dublin’s, as part of its investment process.1 Through this tool, Chandler evaluates the 1 Three major providers dominate the ESG scoring landscape: S&P Global, MSCI, and Sustainalytics (Morningstar). While their methodologies often overlap in broad themes, the specific criteria, weighting, and scoring mechanisms vary and are largely proprietary. Chandler currently uses S&P Global for its ESG scoring. A discussion of all three providers, as well as 141 Page 3 of 9 ESG scores of all potential investments relative to their peer groups. These scores are one of several factors incorporated into a broader matrix used to assess overall investment suitability. For example, right now, a company like Berkshire Hathaway—despite having a relatively low ESG score—may still be deemed suitable for investment if, from Chandler’s perspective, other financial and risk-based factors support the decision. The City does not currently have access to the ESG scores of individual investments, nor does it place primary weight on ESG scores or set any score thresholds that would trigger a restriction. There are, however, two other ways to incorporate ESG criteria into a portfolio that would provide an enhanced level of scrutiny: 1.Establish Investment-Level ESG Thresholds. One approach is to set a minimum ESG threshold for individual investments. For example, an investment may only be considered eligible if it ranks in the top 50% of ESG scores, either overall or within its specific sector. This approach recognizes the sector-specific nature of ESG scoring— where, for instance, a company with a score of 44 out of 100 may appear low in an absolute sense but still rank highest among peers within its sector (e.g., industrial materials). Thresholds can be customized to reflect either cross -sector benchmarks or sector-relative performance. 2.Evaluate ESG at the Portfolio Level. Alternatively, the City may choose to assess ESG performance at the portfolio level, rather than at the level of individual investments. This method focuses on the aggregate ESG characteristics of the entire investment portfolio, allowing for a more balanced approach that accommodates variation among individual holdings while still maintaining an overall commitment to ESG principles. If the City were to engage Chandler in an enhanced level of ESG scoring and reporting (herein referred to as ESG integration), then Berkshire Hathaway from the example above could potentially no longer be an eligible investment. The FIC could recommend a threshold and a methodology for reviewing investment scores to determine their suitability. Divestment Movements and Considerations At the City Council meeting on September 17, 2024, and on several other occasions throughout the past year including the April 14, 2025 meeting of the FIC, some members of the public have advocated for the incorporation of boycott and divestment language into the City’s Investment Policy. Specifically, requests have been made to divest from certai n holdings identified on a divestment list created by the BDS movement. Other community members have reached out in opposition to using BDS as an investment filter. In addition, Staff was made aware of a similar divestment list published by the American Friends Service Committee (AFSC). This list also calls for the divestment of companies that supply weapons and military equipment to Israel and is aligned in intent with the BDS movement’s objectives. ESG criteria for three representative sectors, is included in Attachment 1. 142 Page 4 of 9 The following is a summary of the BDS and AFSC efforts, along with a report on local and state actions related to BDS, and finally a discussion of Assembly Bill 2844 (2016), which has some legal implications for agencies engaged in boycott or divestment activities. Boycott, Divestment, Sanctions (BDS) The BDS movement is a Palestinian-led movement started in 2005 and aims to pressure Israel to comply with international law and uphold Palestinian rights through economic, cultural, and political means. Currently, the BDS movement is continuing its campaign to ap ply economic and political pressure on Israel to comply with international law and uphold Palestinian rights. The movement's divestment strategy has evolved to focus on targeting corporations, institutions, and governments that are perceived to be complicit in Israel's actions in the occupied Palestinian territories. Recently, BDS has intensified efforts to pressure companies that provide services or products to the Israeli military or operate in the occupied territories. Recent targets include: Microsoft: Added to the boycott list in April 2025 due to its Azure cloud and AI services allegedly supporting Israeli military operations in Gaza. Disney: Criticized for alleged support of Israeli actions against Palestinians, leading to calls for boycotts. Additionally, the movement has seen increased support from academic institutions and unions: City University of New York (CUNY): The professors' union approved a resolution supporting divestment from Israeli companies and government bonds by January 2026. University Protests: Students at various universities, including Columbia, have demanded that their institutions sever financial ties with companies involved in the conflict, such as Microsoft, Google, and Amazon. As of the date of this report, the City of Dublin’s investment portfolio contains one investment that is listed by BDS as a boycott/divestment target, which is Caterpillar. American Friends Service Committee (AFSC) AFSC is a Quaker-founded organization established in 1917, with a longstanding mission to promote peace, justice, and human rights globally. In recent years, AFSC has become an active advocate for Palestinian rights and has engaged in various initiatives, including investment screening and divestment campaigns. AFSC maintains a formal divestment list as part of its broader Investigate project. This initiative highlights publicly traded companies that, in AFSC’s assessment, are complicit in human rights violations—particularly those associated with the Israeli occupation of Palestinian territories. Companies included on the divestment list are identified based on their direct involvement in activities that allegedly support or sustain such violations. In addition to concerns related to Israel and Palestine, AFSC’s divestment list is developed using a broader human rights screening process. This process includes companies involved in 143 Page 5 of 9 mass incarceration, border militarization, immigrant surveillance, and deportation systems. The Investigate project is intended to help individuals and institutions align investment decisions with ethical and human rights considerations. AFSC has also released a separate report titled “Companies Profiting from the Gaza Genocide,” which lists entities alleged to have provided Israel with weapons and militar y equipment. However, AFSC has stated that this report is not intended to serve as a boycott or divestment list. The organization’s official divestment recommendations remain limited to those companies screened through its formal human rights criteria. As of the date of this report, the City of Dublin’s investment portfolio contains two investments that are listed by AFSC as boycott/divestment target s – Honeywell International and Caterpillar. Bay Area Jurisdiction Actions Related to BDS-Aligned Investment Decisions As discussed during the April 14, 2025 Committee meeting, three Bay Area jurisdictions— Alameda County, the City of Hayward, and the City of Richmond—have taken actions that have been described as aligning with the objectives of the BDS movement. These actions vary in scope and implementation, and in some cases, jurisdictions have clarified that their decisions are independent of any formal alignment with BDS. Alameda County. In April 2025 Alameda County Treasurer-Tax Collector Henry Levy, an independently elected official, announced that the County had sold off most of its holdings in Caterpillar Inc., with plans to finalize full divestment. In parallel, the Alameda County Board of Supervisors unanimously voted to develop an Ethical Investment Policy intended to incorporate human rights and environmental criteria into investment decision-making. As of the date of this report, it could not be confirmed whether the Alameda County Investment Policy had been formally amended to reflect this new framework. City of Hayward. On January 23, 2024 the Hayward City Council approved a resolution to initiate divestment from four companies—Caterpillar, Chevron, Hyundai, and Intel— representing approximately $1.6 million in holdings. This action was taken during a review of the City’s Investment Policy. Additionally, the Council directed the City’s Budget and Finance Committee to evaluate and potentially revise the policy to reflect broader ethical considerations. However, on January 25, 2024 the City issued a public statement clarifying its position: “The Hayward City Council voted 4-3 on Tuesday to remove four companies from the City’s investment portfolio. The action was neither an endorsement of the Boycott, Divestment, and Sanctions (BDS) movement, nor did it direct staff to align City investment policy with BDS guidance.” As of the date of this report, the City of Hayward’s investment policy has not been formally revised. 144 Page 6 of 9 City of Richmond. On April 30, 2024, the Richmond City Council directed staff to revise the City's investment policy to include new ethical restrictions. During the drafting process, the proposed restrictions were revised twice to ensure compliance with State law and best practices established by the California Municipal Treasurers Association. On April 15, 2025 the Richmond City Council adopted a revised investment policy, which includes the following prohibitions: 1.Investments in companies that develop or manufacture commodities that facilitate violence, war, oppression, or apartheid. 2.Investments in companies involved in the development or manufacturing of arms and weapons. 3.Investments in companies engaged in border control or mass surveillance industries. 4.Investments in companies involved in mass incarceration or detention industries, including those that utilize prison labor for product manufacturing. A previously proposed provision—which would have prohibited investments in a predetermined list of companies alleged to be involved in Israel’s violations of Palestinian rights—was ultimately removed from the policy due to concerns related to compliance with State law and professional investment standards. Opposing Perspectives: Local and State Government Actions Against BDS In contrast to jurisdictions that have taken actions aligned with the BDS movement, several local and state governments have explicitly opposed BDS efforts. These actions often emphasize support for Israel, condemnation of antisemitism, and the reinforcement of anti - discrimination standards in government contracting and investment. City of Beverly Hills. The Beverly Hills City Council has taken a strong position against the BDS movement. It has passed multiple resolutions affirming support for the State of Israel and denouncing efforts to boycott Israeli businesses and institutions. In response to an antisemitic attack in the region, the City Council issued a public statement condemning antisemitism and labeling the BDS movement as “unjustifiable.” The City Council further emphasized its commitment to opposing all forms of discrimination and maintaining support for Israel. State-Level Actions. As of 2025, 38 U.S. states have enacted laws, executive orders, or resolutions designed to discourage or penalize participation in boycotts against Israel. These measures often apply to state contracts or public investments and typically require certification that contractors or vendors are not engaged in such boycotts. Some states also maintain public lists of entities deemed to be participating in boycott activities. Examples include: Texas – In 2017, Texas enacted House Bill 89, which prohibits the state from entering into contracts with companies that boycott Israel. Arkansas – Also in 2017, Arkansas implemented Act 710, requiring public entities to refrain from contracting with or investing in companies that boycott Israel. 145 Page 7 of 9 These state-level actions reflect a broader national trend of legislating against economic discrimination based on national origin, particularly in relation to Israel. Assembly Bill 2844 (AB 2844) – State Contracting and Anti-Discrimination Compliance In September 2016, the State of California enacted AB 2844, which imposes specific requirements on individuals and entities entering into or renewing contracts with the State valued at $100,000 or more. Under AB 2844, prospective contractors must certify, u nder penalty of perjury, that: 1.They are in compliance with the Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA), which prohibit discrimination in employment, housing, and public accommodations based on protected characteristics, including race, religion, and national origin; and 2.Any policy they maintain regarding a sovereign nation or its people recognized by the U.S. government—including, but not limited to, Israel—is not used to unlawfully discriminate in violation of the Unruh Act or FEHA. It is important to note that divestment from Israel is not, in itself, a violation of AB 2844. The law does not prohibit divestment activities; rather, it requires that such activities result in unlawful discrimination, and that entities certify compliance with California’s anti-discrimination laws. However, AB 2844’s certification requirement —made under penalty of perjury—may subject organizations engaged in boycott or divestment activities (such as those aligned with BDS or AFSC campaigns) to increased legal scrutiny. Conclusion and Staff Recommendation There has been a significant amount of community interest in the topics presented in this Staff Report, particularly from individuals and groups who have strong positions on the Israeli- Palestine conflict and BDS. While some of the principles promoted by the BDS movement include elements consistent with more general ESG filters, Staff does not recommend aligning the City’s Investment Policy with the platform of any specific advocacy group . Instead, policy updates should be guided by the City’s core values, which align more with the guidelines of SRI and ESG. Therefore, Staff recommends a three-pronged approach to revising the City’s Investment Policy and practice: 1) Expand the list of prohibited investments via SRI Negative Screening; 2) Add language in the Policy that ties investments to the City’s Mission, Vision, and Values; and 3) Implement ESG integration. This approach balances ethical investment restrictions with enhanced portfolio evaluation tools to support long-term sustainability and alignment with City values. Recommended actions are detailed as follows: 1. SRI Enhancements Staff recommends expanding the list of prohibited investment categories in “Section XI: Prohibited Investment Practices and Instruments” of the City’s Investment Policy. Rather than identifying individual companies, restrictions will focus on entire sectors deemed inconsistent with the City’s social and ethical priorities. 146 Page 8 of 9 Recommended language to add to Section XI: The City also prohibits investments in any of the following: Fossil fuel companies. Tobacco and tobacco-related companies. Companies supporting the production of firearms. (New) Companies that develop or manufacture commodities that facilitate violence or war. (New) Companies engaged in border or mass surveillance industries. (New) Companies involved in mass incarceration or detention industries. If the City adopts the proposed expansion of prohibited investment categories, the only company currently held in the City’s investment portfolio that could potentially no longer be eligible for future investment is Honeywell International Inc. Staff, in collaboration with Chandler, would further review the portfolio to identify any additional companies affected by the updated policy. Importantly, there would be no cost or loss of revenue associated with this action, provided the City adheres to the transition provisions outlined in the Investment Policy. These provisions allow existing non-compliant holdings to be held until maturity but prohibit reinvestment in those entities thereafter. 2. Incorporation of Mission, Vision, and Values Staff also recommends citing the City’s Mission, Vision, and Values statements (Attachment 2), either explicitly or by reference, in the Investment Policy. This will not only provide additional guidance through which investment vehicles could be evaluated but will make a formal statement tying investment activities to the ethos of the community. 3. ESG Integration and Portfolio Scoring Finally, Staff recommends that the City formally engage Chandler to implement ESG integration into its investment management services for Dublin. While Chandler already utilizes ESG screening tools, using the enhanced scoring integration would require amending the City’s agreement with the firm. Estimated Cost. The addition of ESG portfolio scoring and integration services is estimated at 1 basis point (0.01%) of the portfolio’s market value, or approximately $31,000 annually. Implementation Recommendation. Before establishing ESG benchmarks or exclusions, Staff recommends conducting an initial assessment of the City’s current portfolio. This would provide a baseline ESG score to help inform future decisions on how best to incorporate ESG standards into the City’s investment strategy. A presentation of the ESG scoring results and potential benchmarks could be scheduled for a future FIC meeting once all relevant data has been received. 147 Page 9 of 9 ATTACHMENTS: 1)ESG Rating Providers and Sector-Specific ESG Assessment Criteria 2)City of Dublin Mission, Vision, and Values 148 Annual Review of City’s Investment Policy September 16, 2025 149 Tonight •Background •Update on Finance and Investment Committee •Review of Investment Policy •Delegation of Authority to complete investment transactions 150 Background •Investment Policy originally adopted in 2007. •Reviewed annually. •2nd meeting in September. •Policy is derived from California Governmental Code, Sections 53600 et seq. •Policy can be more restrictive not less. 151 Finance and Investment Committee •Finance and Investment Committee (FIC) established October 15, 2024. •Responsible for reviewing and making recommendations on financial matters. •Based on community feedback, the FIC conducted a comprehensive review of the City’s investment policy. 152 Finance and Investment Committee, 2 Investment Policy Review: •Explored incorporation of adding additional Socially Responsible Investing (SRI) practices. •Explored Environmental, Social, and Governance (ESG) standards. •Analyzed Boycott, Divestment, Sanctions (BDS) and American Friends Service Committee (AFSC) movements and related actions taken by other agencies. 153 Finance and Investment Committee, 3 Based on the information presented at meetings the FIC directed Staff to: •Draft an updated Investment Policy that clarifies investments should reflect the City’s Mission, Vision, and Values, and not be based on other organizations/movements. •To engage, Chandler Asset Management, to provide an ESG report annually. •Review the portfolio annually. 154 Finance and Investment Committee, 4 •Add three business sectors to the Policy’s prohibited investments list. •Relocate all existing prohibited investment types into a dedicated section of the Policy for clarity. 155 Review of Investment,1 Proposed Changes: Section XI: Prohibited Investment Practices and Instruments •Added language stating City investments will be guided by the City’s Mission, Vision, and Values. •Portfolio will be reviewed annually. •Prohibited investments updated as needed. 156 Review of Investment, 2 Section XI (Con’t) •Added three new business sectors to list of prohibited investments to include companies: •That develop or manufacture commodities that facilitate violence or war. •Engaged in border or mass surveillance industries. •Involved in mass incarceration or detention industries. 157 Review of Investment, 3 Section XI (Con’t) •Added language that the City’s investment management consultant will use an industry standard classification system to identify business sectors to ensures consistency in evaluating potential exclusions. Section XIV: Investment Risk •For clarity and consistency, move three business sectors previously excluded –from Section XIV (Investment Risk) to Section XI Prohibited Investment Practices and Instruments. 158 Delegation of Authority •Section IV –Delegation of Authority •City Council delegates the authority to invest funds for one year to the Treasurer (Finance Director)/Deputy Treasurer (City Manager). •Authority is renewed each year as part of the annual review. 159 Staff Recommendation •Adopt the Approving the Annual Review of the Statement of Investment Policy and Delegation of Authority to Complete Investment Transactions. •Questions? 160 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 8.2 DATE: September 16, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance Prepared by: Brad Olson, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider approving an agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance. STAFF RECOMMENDATION: Adopt the Resolution Approving the Contractor Services Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance and approve the budget change. FINANCIAL IMPACT: The proposed agreement provides a not-to-exceed compensation amount of $3,271,000 for services through June 30, 2031. This amount comprises $1,763,000 in regularly scheduled operations and maintenance (O&M) services (an average of $306,400 per year after finishing out the current year, including a 20% contingency budget), and $1,508,000 in preventative maintenance services (an average of $280,914 per year, including contingency). This represents a total cost increase of $404,298, funded by the General Fund and the Internal Services Fund (ISF) for Equipment Replacement, as follows: 161 Page 2 of 5 Table 1. Net Annual Impact New Contract (A) Current Contract (B) Through 6/30/26 (C) Annual Average, FY 26-27 - FY 30- 31 Annual Difference (C) - (A) Funded By O&M $107,100 $192,000 $255,000 $147,900 O&M Contingency $21,420 $39,000 $51,400 $29,980 Subtotal, O&M $128,520 $231,000 $306,400 $177,880 General Fund Prev. Maintenance *$54,496 $32,000 $195,200 $140,704 Prev. Maint. Contingency $71,430 $85,714 $85,714 Subtotal, Prev. Maint. $54,496 $103,430 $280,914 $226,418 ISF Total Annual Cost $183,016 $334,430 $587,314 $404,298 * The current contract with East Bay Pool Service does not provide for preventative maintenance. Those items have been handled outside the contract, but costs are included in this table for the purpose of comparison. A budget adjustment (Attachment 5) is required in the current year to fund the increased scope and costs of the new agreement. The Fiscal Year 2025-26 budget included $206,585 for O&M services and contingency, resulting in the need for $58,302 in additional funding from the General Fund as shown below: Table 2. Budget Adjustment for Additional Funding FY 2025-26 Adopted Budget $206,585 Expenditures to Date ($33,887) Agreement costs for FY 2025-26 ($231,000) Additional Funding Needed $58,302 Preventive maintenance costs that are funded by the City’s ISF do not require a budget amendment, as Staff have been setting aside these funds since the opening of facility, and the annual resolution adopting the budget already provides for such purchases to be made. DESCRIPTION: Background The City has contracted with East Bay Pool Service Inc. since 1999, originally for maintenance of the Dublin Swim Center formerly located on Dublin High School property. Upon the closure of that facility in 2016, the City issued a request for proposals (RFP) for similar services at the new Emerald Glen Recreation and Aquatic Complex (now called The Wave). East Bay Pool Service was the sole responder to the RFP in 2017, and in 2020 and 2023 was the lowest responsive bidder to additional RFPs. The current contract with East Bay Pool Service expires in December 2025. Over the last two years, in response to a growing number of day-to-day and high-dollar 162 Page 3 of 5 maintenance needs, Staff has been evaluating the allocation of resources and staffing at The Wave, specifically to understand whether: 1) our maintenance agreement provides the right level of service; and 2) the City is adequately prepared to replacing aging assets at The Wave over the long term. In conjunction with collecting internal data on maintenance costs, emergency repair costs, and staff time spent on these activities, Staff spoke to six agencies (five public, one private) to understand how they manage ongoing and preventative maintenance issues. The public agencies included the cities of Pleasanton, Fremont, Palm Desert, Antioch, and Livermore Area Recreation and Park District. The private agency was Jellystone Park in Lodi. Each public agency had at least 1.0 full-time equivalent (FTE) assigned to the park to specifically manage maintenance. Jellystone had 3.0 FTE assigned to maintenance year- round. Each agency handled much of the repairs in-house and contracted out for larger projects. The City of Antioch reported significant issues related to delaying preventative work for many years, which resulted in the closing of the park due to structural damage and total repair costs of $8 million. Based on the data collection and research, Staff have identified two areas of con cern related to maintenance at The Wave. First, the existing contract, which provides on-site maintenance presence for about one hour each day, is no longer sufficient. As the facility ages, it requires more daily attention to ensure that minor repair issues do not exacerbate. To compensate for this over the last two seasons, City staff have been handling much of the minor maintenance items themselves, including maintenance of dive blocks, water polo goals, underwater lights, deck grates, umbrellas, seating, lane lines and flags, tiles, handrails, and lift chair/wheelchair equipment, as well as power washing, removing scale, and numerous other things. Staff estimates that this time equates to a 0.5 FTE, or roughly $80,000 per year. This is neither an efficient use of staff’s expertise nor a sustainable allocation of staff time – particularly at the supervisory level, which should be focused on the overall operation of the facility, including inspection oversight, program oversight, planning, and emergency preparedness. Second, while the City has been setting aside money in an Internal Service Fund for equipment replacement each year, preventative maintenance purchases have never been included in the contracts for pool maintenance. This is primarily because the facility was “young”, and the lifespans of many of the major pieces of equipment were beyond the contract timeframes. Now, much of the equipment is at or reaching the 10-year mark, and Staff is beginning to see the impacts of deferred and/or unplanned replacements. Components needed for major repairs at the facility can take weeks or months to arrive, and in some cases, an equipment malfunction could incur large emergency maintenance charges and could result in the immediate and temporary closure of the park. Unanticipated maintenance of the HVAC system in 2024, for example, left The Wave with no functioning air conditioning for 12 days in the middle of summer. To remain open, Staff rented fans and portable air conditioning units and required maintenance staff to check temperatures numerous times daily. The rentals and additional maintenance monitoring cost the City approximately $20,000 in addition to the equipment maintenance costs. Should the waterpark be closed entirely for an emergency 163 Page 4 of 5 repair, lost revenue could range from $150,000 to $160,000 per week during the summer. With a preventative maintenance program in place, high-risk items can have maintenance scheduled for the off -season. 2024 Request for Proposals To address the above issues and bring maintenance levels to an acceptable and sustainable level, Staff issued a new RFP for Aquatic Facilities Maintenance (Attachment 4) in November 2024, with an expanded scope of services. The expanded scope includes up to four hours per day of onsite maintenance presence, and new duties that encompass the servicing and maintenance activities that staff are currently managing on their own. One key component of the expanded services is onsite presence from 9:30 am to 1:30 pm during the summer season, which is when chemical and pumproom issues occur most frequently. The scope also now includes a preventative maintenance component, specifically the requirement to provide a long-term plan and equipment inventory/lifespan report, which would be updated annually. Three proposals were received by the deadline, from East Bay Pool Service, USA Pools of California, and Jemaze Pools. While the East Bay Pool Service proposal was the most expensive ($255,00 per year versus $188,000/year and $104/000 per year, respectively), after review and rating, Staff selected East Bay Pool Service as the most qualified respondent. This is based largely on the other proposals not including key elements of the City’s desired services. For example, one proposal did not provide specific quotes for winterization of the facility, inspection of steel structures and water spray features, and the maintenance, inspection, and testing of the indoor pool solar heating system. The other proposal did not demonstrate maintenance experience with commercial pools or water slides and did not bid on various maintenance items such as tile, grout, plaster, heater, pump, chemical room systems, and underwater lights. New Agreement with East Bay Pool Service East Bay Pool Service has over 25 years of experience maintaining the City’s aquatic facilities and have consistently delivering work that has met Staff’s expectations. The current three-year contract expires in December 2025 and has an annual compensation limit of $128 ,000 (with a total of $385,000 over the term). With the expanded scope of the new agreement, East Bay Pool Services requested a longer term, which reflects finishing this current fiscal year and extending services for five years. This will allow them to hire additional staff and to take a more active role in planning maintenance projects to prevent emergency closures, and daily maintenance. The City Council has approved agreements with similar terms for things like sidewalk inspection and repair services and for general citywide maintenance services. In summary, the proposal from East Bay Pool Service (Attachment 3) includes the following terms: 1. 5+ year term (October 1, 2025 – June 30, 2031) 2. $3,271,000, including: a) Average of $306,400 per year for annual operations and maintenance, including a 3% increase each year to account for inflation, and including a 20% contingency of $51,400 on an average annual basis. 164 Page 5 of 5 b) Average of $280,914 per year for preventative maintenance, including a total contingency of $500,000 for the life of the contract ($85,714 annual contingency average). Performance Measures The scope of services provides specific daily, weekly, monthly, and annual tasks that need to be completed. To track this, the terms of the new agreement require East Bay Pool Service to utilize a computerized maintenance management system (CMMS) to provide real -time visibility of maintenance activities. City staff selected HydroApps as the CMMS system. This platform is designed specifically for aquatic operations and maintenance and can record the daily readings currently tracked in logbooks (chemical levels, pressure readings, flow rates, etc.) to ensure East Bay Pool Service is meeting established performance measures. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Contractor Services Agreement with East Bay Pool Service, Inc. for Aquatic Facilities Maintenance 2) Exhibit A to the Resolution – Contractor Services Agreement Between City of Dublin and East Bay Pool Service, Inc. for Aquatic Facilities Maintenance 3) Proposal - East Bay Pool Service, Inc. 4) Request for Proposals 5) Budget Change Form – Aquatics Maintenance Agreement FY 2025-26 165 Attachment 1 Reso. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 1 RESOLUTION NO. XX – 25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CONTRACTOR SERVICES AGREEMENT WITH EAST BAY POOL SERVICE, INC. FOR AQUATIC FACILITIES MAINTENANCE WHEREAS, on November 18, 2024, Staff issued a Request for Proposal (RFP) for Aquatic Facilities Maintenance at The Wave; and WHEREAS, the City received three responses to the RFP; and WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFP rating criteria; and WHEREAS, the City desires to enter into an agreement with East Bay Pool Service, Inc. for a not-to-exceed amount of $3,271,000 over a term through June 2031. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with East Bay Pool Service , Inc. attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of September, 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 166 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 1 of 19 CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND EAST BAY POOL SERVICE INC. FOR AQUATIC FACILITIES MAINTENANCE THIS AGREEMENT for aquatic facilities maintenance services is made by and between the City of Dublin (“City”) and East Bay Pool Service Inc. (“Contractor”) (together sometimes referred to as the “Parties”) as of October 1, 2025 (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, 2031, 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 for up to 12 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 removal of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, remove such person or persons from all work on this contract. 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) Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 Attachment 2 Exhibit A to the Resolution 167 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 2 of 19 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. 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 $3,271,000, 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 Manager or his/her designee. Invoices shall contain the following information: Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 168 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 3 of 19 ▪Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪The beginning and ending dates of the billing period; ▪A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ▪The total number of hours of work performed under the Agreement by 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. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 169 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 4 of 19 In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit 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, Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 170 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 5 of 19 and representatives of the City and regulatory agencies that may be on or about the work. The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite. All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations. Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground. In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request. Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire- fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions. CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED 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 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 171 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 6 of 19 project’s safety engineer. Contractor shall bear all costs in connection with meeting the requirements of this section. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Contractor may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self- insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. 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 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 172 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 7 of 19 insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. 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: Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 173 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 8 of 19 a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.2.5 Other Insurance Requirements. 4.3.1 General Aggregate Insurance. Contractor, at its own cost and expense, shall maintain general aggregate insurance for the term of this Agreement in an amount not less than $4,000,000. 4.3.2 Professional Liability Insurance. Contractor, at its own cost and expense, shall maintain professional liability insurance for the term of this Agreement in an amount not less than $1,000,000. 4.3.3 Products and Completed Operations. Contractor, at its own cost and expense, shall maintain products and completed operations insurance for the term of this Agreement in an amount not less than $2,000,000. 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 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 174 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 9 of 19 guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.3.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach: ▪Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ▪Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or ▪Terminate this Agreement. Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 175 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 10 of 19 of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first. Section 6. STATUS OF CONTRACTOR. 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that Contractor performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 176 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 11 of 19 7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor. Contractor may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Contractor shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 177 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 12 of 19 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement. 8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 178 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 13 of 19 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. 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. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 179 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 14 of 19 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. 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: East Bay Pool Service Inc. 1547 Palos Verdes Mall #240 Walnut Creek, CA. 94597 Any written notice to City shall be sent to: City of Dublin Attn: Aquatic Maintenance Contract Manager Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 180 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 15 of 19 100 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, Scheduled Work, and Compensation Schedule 10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party. 10.12 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Contractor’s signature below Contractor certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of Contractor are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. 10.13 Provisions Required For Public Works Contracts Pursuant To California Labor Code Section 1720 Et Seq. 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. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 181 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 16 of 19 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 A for 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 A shall 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 A shall 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 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 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 182 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 17 of 19 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. 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. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 183 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 18 of 19 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 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 184 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Page 19 of 19 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. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 185 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 1 of 17 EXHIBIT A 1. WORK: Contractor shall provide all necessary labor, tools, equipment, and materials (unless otherwise noted) for the provision of regular ongoing aquatic facilities maintenance and oversight of aquatic facilities at the Wave. Maintenance services include daily oversight of maintenance operations, routine and preventative maintenance, pool cleaning, water chemistry monitoring and adjustments, equipment monitoring, and other scheduled maintenance services. Duties include but are not limited to: lane lines, flag, tile, grout, handrails, lift chair/wheelchair, power washing, removing scale, equipment reel maintenance, dive blocks, water polo goals, underwater lights, deck grates, umbrellas, seating, and other duties as assigned. Contractor shall provide onsite maintenance personnel four hours per day, on days and times determined by time of year (See Service Frequency). Issues that occur during operational hours and impact the use of a pool or attraction shall be addressed within 30 minutes of occurrence. Maintenance issues that do not impact the use of a pool or attraction shall be addressed within 24 hours. Activities must be documented and submitted within five calendar days of completion. Documentation should include the name and job title of the individual performing the work, the date of service, and a detailed description of the work performed. Contractor shall provide continued input on a long-term preventative maintenance plan and equipment assessment (including equipment lifespan). Plans shall be produced 6 months after work has begun, and updates required thereafter. 2. OVERSIGHT: Contract Administrator shall designate a Contract Manager to oversee this contract. Contract Manager may assign oversight duties to a designee. 3. SERVICE FREQUENCY: 4 Hours per Day, 7 Days per week A. Summer-Season (May 1 through September 30)*: i. Saturday-Thursday: 9am – 1pm ii. Friday 5am – 9am B. Off-Season (October 1 through April 30)*: i. Daily: 6am - 10am *Service frequency schedule subject to change upon approval 4. AMENITIES: The Wave includes the following amenities: A. The Natatorium houses a 160,000-gallon, 6,900 square foot, 6-lane, 25-yard, heated indoor pool with three shallow-water teaching bays. The Natatorium is used for year- round swim school, lap swimming, and water exercise programs. Operations Schedule: Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 186 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 2 of 17 Year round, 7 days per week Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 187 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 3 of 17 standard of performance set forth in Section 1.2 of the Agreement; and (f) perform all activities necessary and incidental to the orderly performance of the work. 7. MAINTENANCE SUPERVISION: The Contractor shall assume full responsibility for day-to- day maintenance operations, ensuring that resources required to successfully complete projects and tasks are applied in a timely manner. The Contractor is responsible for: (a) making recommendations to the Contract Manager or designee of work that should be performed but which is not set forth in the Schedule of Work; (b) identifying work programs; (c) scheduling; (d) assisting and supervising work crews; (e) maintaining activity reports. 8. WORK SCHEDULING PROCEDURES: To the extent possible, it is the intent of this Agreement that the work be performed on a scheduled, orderly basis. Prior to commencement of work, Contractor shall prepare a schedule for the Contract Manager or designee to review showing projected work to be performed throughout the fiscal year and review them with the Contract Manager or designee. These schedules will represent specific work needs identified as the result of the Contractor's recommendations and requests from the Contract Manager or designee. Emphasis will be placed on identifying needs to ensure proper timing of work. Contractor will use a computerized maintenance management system (CMMS) to provide real-time visibility into maintenance activities, ensure accurate tracking of work and personnel, and support effective asset management. Contractor shall provide Contract Manager or designee continuous access to the CMMS. 9. CONTRACTOR PERSONNEL REQUIREMENTS A. Contractor shall assign a sufficient number of trained and experienced employees to perform the required service. Contractor shall designate one (1) employee as principal with full responsibility for directing the entire crew. The principal shall be authorized to act for the Contractor in every detail. B. Contractor shall furnish and require every on-duty employee to wear a company shirt or a visible photo identification badge identifying employee by name. C. All assigned personnel are subject to a criminal history records check performed using Live Scan. Government fees are required for the State (DOJ) and Federal (FBI) level criminal history record checks (if applicable). Contractor is responsible for the fee to perform such records search. An application fee per personnel is required to perform a formal criminal history records check. Should an employee not pass the criminal history records check, a refund will not be provided. D. All assigned personnel must have all the proper safety training, and equipment operator certificates to meet the minimum requirements of Cal OSHA. 10. CHEMICAL USE AND DISPOSAL A. Contractor shall maintain Safety Data Sheets (SDS) for all chemicals used at all times and shall provide them to the City upon request. B. Contractor shall furnish all labor, materials, equipment, and supplies necessary to perform the services described, at their own expense, including any items not explicitly listed but required for full and proper execution of the work. C. The Contractor shall ensure that all wastewater generated, handled, or disposed of under this Agreement complies with all applicable federal, state, and local laws, regulations, and environmental standards. The Contractor shall obtain all necessary permits and approvals and implement appropriate disposal methods to prevent pollution, contamination, or environmental harm. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 188 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 4 of 17 D. Contractor shall be responsible for all damage which occurs to City property while performing services, regardless of whether the damage is to an item(s) being serviced or to other item(s) in and around the area where services are being performed. 11. CALIFORNIA AIR RESOURCES BOARD ADVANCED CLEAN FLEET REGULATIONS A. Vehicles with a gross vehicle weight rating (GVWR) greater than 8,500 pounds and light- duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets (ACF) Regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. B. For each calendar year, CONTRACTOR shall provide to the CITY a certificate of compliance with the CARB ACF rules as defined in the California Code of Regulations (CCR), or a signed statement stating their fleet is not subject to the High Priority and Federal Fleets Requirements (Title 13, CCR, Sections 2015 through 2015.6) and the State and Local Government Fleets Requirements (Title 13, CCR, Sections 2013 through 2013.4). 12. WORK REPORTING PROCEDURES: Contractor shall submit a Summary Report to the Contract Manager or designee on or before the 15th day of the month summarizing work completed in the previous month and following the invoicing procedures detailed in section 2.1 of the Agreement. These reports shall include a listing of work activities and work units completed, including any Additional Work or Emergency Work performed; status of current and completed service requests; and comparisons of annual work quantities and expenditures planned versus actual. 13. ADDITIONAL CONTRACTOR RESPONSIBILITIES: Contractor's employees will be alert for observable maintenance deficiencies at The Wave during their maintenance activities performing Scheduled Work, Additional Work, and Emergency Work. They will resolve observed maintenance deficiencies or report to the Contract Manager or designee. 14. PROTECTION OF WORK AND PUBLIC: The Contractor shall take all necessary measures to ensure the safety of work sites and prevent accidents during all phases of work. At no additional cost, the Contractor shall provide and maintain all required safety measures— such as barriers, signage, and personnel protective equipment —to protect the public within the work area while maintenance activities are in progress. 15. MATERIALS: Contractor will endeavor to secure materials from the lowest cost source reasonably available. City may require Contractor to acquire three bids for materials as determined by the Contract Manager or designee. SCHEDULED WORK The tables below summarize recurring and preventative maintenance tasks by area of The Wave. Each table includes the frequency each task is to be completed. The following frequency definitions apply: •Daily: Every day of the year Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 189 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 5 of 17 •Weekly: Once a week, every week of the year •2x/Week: Twice a week, every week of the year •Monthly: Once a month, every month of the year •Annually: Once a year. Schedule for these items should be set between facility manager and contractor as it will typically require pool closures. •Off-Season: October 1st through April 30th •Pre-Operation: Two to three weeks before May 1st •End of Season: October 1st through October 31st Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 190 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 6 of 17 Operations and Maintenance (O&M): PAUL MCCREARY OUTDOOR POOL (COMPETITIVE SPORTS POOL) #Frequency Description 1 Daily Provide chemical testing kits and test water chemistry at the pool edge (ORP, SP, pH, GPM, PSI, Temp, INT) 2 Daily Test water chemistry at chemical controllers and calibrate units as needed, document all results and adjustments 3 Daily Add and/or adjust chemicals as needed (Contractor shall order chemicals and invoices shall be paid by City) NATATORIUM (INDOOR POOL) #Frequency Description 1 Daily Provide chemical testing kits and test water chemistry at the pool edge (ORP, SP, pH, GPM, PSI, Temp, INT) 2 Daily Test water chemistry at the chemical controller and calibrate units as needed, document all results and adjustments 3 Daily Add and/or adjust chemicals as needed (Contractor shall order chemicals and invoices shall be paid by City) 4 Daily Check and adjust pool temperature to maintain an optimal temperature of 82 to 84 degrees 5 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters 6 Daily Skim pool and clean gutters 7 Daily Maintain pumps, filters, and chemical balance year-round 8 Daily Check for algae and take the necessary steps to remedy 9 Weekly Fully vacuum entire pool 10 Weekly Record UV light filter usage (Replace UV bulbs if necessary) 11 Weekly Record heater usage (ensure it’s working properly and adjust temperature depending on weather) 12 Weekly Test pool alkalinity and calcium hardness 13 Weekly Clean strainer baskets for all pumps 14 2x/Week Inspect and maintain handrails, gutters, and tiles surrounding the pool 15 2x/Week Backwash filters (2x/Week or more often as needed). Contractor shall replace media, back wash valves, plumbing, booster pumps, and timing mechanism 16 Annually Inspect solar, paint, and galvanizing; submit a report with cost estimates for any maintenance work identified during the inspection. Upon approval by the Contract Manager or designee, Contractor shall complete the maintenance work. Documentation for completed work must be submitted within five days and include who completed the work, the dates, and scope of the work. 17 Annually Solar leak test 18 End of Season Winterization (Setup, tear down, proper storage of equipment including pool furniture, and other duties as assigned). Cutting and cleaning of deck drains to ensure there is no standing water. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 191 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 7 of 17 4 Daily Check and adjust pool temperature to maintain an optimal temperature of 82 to 84 degrees 5 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters 6 Daily Skim the pool and clean the gutters 7 Daily Maintain pumps, filters, and chemical balance year-round 8 Daily Check for algae and take the necessary steps to remedy 9 Weekly Fully vacuum entire pool 10 Weekly Record UV light filter usage (Replace UV bulbs if necessary) 11 Weekly Record heater usage (ensure it’s working properly and adjust temperature depending on weather) 12 Weekly Test pool alkalinity and calcium hardness 13 Weekly Clean strainer baskets for all pumps 14 2x/Week Inspect and maintain handrails, gutters, and tiles surrounding the pool 15 2x/Week Test the ADA chair lift 16 2x/Week Backwash filters (or more often as needed) 17 Annually Inspect paint and galvanizing; submit a report with cost estimates for any maintenance work identified during the inspection. Upon approval by the Contract Manager or designee, Contractor shall complete the maintenance work. Documentation for completed work must be submitted within five days and include who completed the work, the dates, and scope of the work. 18 End of Season Winterization (Setup, tear down, and properly store equipment. Cutting and cleaning of deck drains to ensure there is no standing water) WATERSLIDE MAINTENANCE #Frequency Description 1 Daily Provide chemical testing kits and test water chemistry at the slide edge (ORP, SP, pH, GPM, PSI, Temp, INT) 2 Daily Test water chemistry at chemical controllers and calibrate units as needed, document all results and adjustments 3 Daily Add and/or adjust chemicals as needed (Contractor shall order chemicals and invoices shall be paid by the City) 4 Daily Check and adjust pool temperature to maintain an optimal temperature of 78 to 80 degrees 5 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters 6 Daily Skim all runout lanes 7 Daily Check all runout lanes for algae and take necessary steps to remedy 8 Daily Address minor slide issues such as caulking, chips, cracks, and leaks 9 Daily Inspect and conduct as-needed maintenance on Emergency Stop (e- stop) buttons, steps into slides, pneumatics, plumbing, and flow meters 10 Daily General non-structural slide tower maintenance (e.g., pressure washing, non-slip tape, minor chip/crack patching, joint caulking, flow meters and sensors, emergency stop buttons, capsule slide electronics/pneumatics, signage securement, replacing or tightening bolts and screws, replacing Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 192 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 8 of 17 damaged or missing deck planks, sealing or patching non-load-bearing surfaces, repainting or touch-up of surface coatings, and other general upkeep that does not require structural analysis, etc.) 11 Daily Maintain pumps, filters, and chemical balance year-round 12 Daily Check for algae and take the necessary steps to remedy 13 Weekly Test pool alkalinity and calcium hardness 14 Weekly Mechanical inspection per manufacturer recommendation of the capsule slide 15 Annual Conduct annual preventative maintenance on the drop slide air compressor (including oil and air filter change) for drop slide prior to the annual inspection 16 2x/Week Backwash filters (or more often as needed) 17 Annually Inspect solar, paint, and galvanizing; submit a report with cost estimates for any maintenance work identified during the inspection. Upon approval by the Contract Manager or designee, Contractor shall complete the maintenance work. Documentation for completed work must be submitted within five days and include who completed the work, the dates, and scope of the work. 18 Annually Attend OSHA inspection and complete identified work (City slide contractor also attends the OSHA inspection and will complete maintenance work to slides per OSHA’s recommendations) 19 End of Season Winterization (Turn off heater and other duties as assigned) 20 Off Season Turn on slide and run outs once a month. (7 months) CHILDREN’S PLAY POOL (SPLASH ZONE) #Frequency Description 1 Pre- Operation Inspect and maintain water spray features* 2 Pre- Operation Inspect and maintain non-water features: netting, paint, palm trees, railings, etc.* 3 Pre- Operation Inspect the large tipping bucket assembly* 4 Pre- Operation Replace any small parts (including but not limited to bearings, anchors, clasps, gaskets, feature and structure hardware) removed at end of season 4 Daily Provide chemical testing kits and test water chemistry at the pool edge (ORP, SP, pH, GPM, PSI, Temp, INT) 5 Daily Test water chemistry at chemical controllers and calibrate units as needed, document all results and adjustments 6 Daily Add and/or adjust chemicals as needed (Contractor shall order chemicals and invoices shall be paid by City) 7 Daily Check pool temperature and adjust to maintain an optimal temperature of 78 to 80 degrees* 8 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 193 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 9 of 17 9 Daily Skim the pool and clean the gutters 10 Daily Check and adjust if needed operating pressure and flow to all effects* 11 Daily Visually inspect and maintain climbing and safety nets 12 Daily Maintain pumps, filters, and chemical balance year-round 13 Daily Check for algae and take the necessary steps to remedy 14 Varies Fully vacuum entire pool 2x/Week from April through October and weekly from November through March 15 Weekly Test pool alkalinity and calcium hardness 16 Weekly Inspect and maintain Aqua Play: one single and two tandem waterslides* 17 Weekly Check the operation of jets and nozzles; clean and grease as required* 18 Weekly Record heater usage (ensure it’s working properly and adjust temperature depending on weather)* 19 Weekly Check valve operating assemblies* 20 2x/Week Backwash filters (or more often as needed) 21 2x/Week Inspect and maintain the tile and gutters surrounding the pool 22 2x/Week Check operation of nozzles* 23 End of Season Drain the play structure for maintenance if required 24 End of Season Inspect the entire structure and submit a report with cost estimates for any needed maintenance 25 End of Season Clean components (Including but not limited to Pin Wheel, Tipping Buckets, Spray Guns, Water Troughs, Shower Nozzles, and other various structure features) 26 End of Season Inspect solar, paint, and galvanizing; submit a report with cost estimates for any maintenance work identified during the inspection. Upon approval by the Contract Manager or designee, Contractor shall complete the maintenance work. Documentation for completed work must be submitted within five days and include who completed the work, the dates, and scope of the work. 27 End of Season Remove, label, and store small parts (including but not limited to bearings, anchors, clasps, gaskets, feature and structure hardware) 28 End of Season Inspect the large tipping bucket assembly 29 End of Season Winterization (Cover fiberglass features, and other duties as assigned) *Items that only require 4 months of service MECHANICAL ROOM MAINTENANCE #Frequency Description 1 Daily Inventory and order pool chemicals 2 Daily General upkeep of the high-rate sand filters for each circulation system 3 Daily Check flow meters and pressure gauges 4 Daily Complete and submit checklists and maintenance reports 5 Daily Inspect all chemical sheds for leaks Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 194 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 10 of 17 6 Annually Sink pit cleaning and vacuuming for all pools 7 Annually Replace rubber tubing for peristaltic pumps 8 Pre- Operation and End of Season Backwash pool systems and replace backwash valves 9 As Needed Other preventative measures as determined necessary (Contractor to provide list of items and bid amounts if applicable) 10 As Needed Tile and grout maintenance 11 As Needed Inspect and maintain underwater lights Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 195 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 11 of 17 OPERATIONS AND MAINTENANCE TOTALS* Natatoriu m Paul McCreary Outdoor Pool Waterslide Splash Zone Mechanica l Room Maintenan ce Annual Total Year 0 (Prorate d) (FY25/26 ) $48,000 $51,000 $49,000 $41,000 $3,000 $192,000 Year 1 (FY26/27 ) $59,000 $63,000 $61,000 $51,000 $4,000 $238,000 Year 2 (FY27/28 ) $61,000 $65,000 $63,000 $53,000 $4,000 $246,000 Year 3 (FY28/29 ) $63,000 $67,000 $65,000 $55,000 $5,000 $255,000 Year 4 (FY29/30 ) $65,000 $70,000 $67,000 $57,000 $5,000 $264,000 Year 5 (FY30/31 ) $67.000 $72,000 $69,000 $59,000 $5,000 $272,000 Total $363,000 $388,000 $374,000 $316,000 $26,000 $1,467,000 *Rounded up to the nearest $1,000 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 196 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 12 of 17 Preventative Maintenance: MECHANICAL ROOM Item Lifespan Year Needed Controller Flow Meter 2 2026-27, 2028-29, 2030- 31 1000 Gallon Chlorine Tanks 10-12 2026-27 250 Gallon Acid Tank 10 2026-27 Air Compressor 10 2026-27 Chlorine Peristaltic Pump 2-4 2026-27, 2029-30 CO2 Injector Pumps 10 2026-27 CO2 Tanks 10-12 2026-27 Controller Chlorine Probes 2 2026-27, 2028-29, 2030- 31 Controller Flow Sensor 10 2026-27 Controller pH Digital 20 2034-35 Controller pH Probes 2 2026-27, 2028-29, 2030- 31 Filter Sand / Media 15-20 2032-33 Muriatic Acid Peristaltic Pump 2-4 2026-27, 2029-30 Natatorium Circulation Motor & Pump 10 2026-27 Natatorium Controller 15-20 2029-30 Natatorium Heater 10 2026-27 Natatorium Solar Pump 6-8 2026-27 Natatorium Variable Frequency Drive (VFD)10-20 2030-31 Pit Fill Valves 5-10 2026-27 Priority Valves 6-8 2025-26 Slide Controller 15-20 2030-31 Slide Tower Booster Motor & Pump 1 10 2026-27 Slide Tower Booster Motor & Pump 2 10 2026-27 Slide Tower Booster Motor & Pump 3 10 2026-27 Slide Tower Circ Motor & Pump 10 2030-31 Slide Tower Heater 10 2026-27 Slide Tower VFD 10-20 2030-31 Splash Zone Booster Motor & Pump 1 10 2026-27 Splash Zone Booster Motor & Pump 2 10 2026-27 Splash Zone Circ Motor & Pump 10 2026-27 Splash Zone Controller 15-20 2026-27 Splash Zone Heater 10 2026-27 Splash Zone VFD 10-20 2029-30 Sport Heater 10 2026-27 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 197 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 13 of 17 Sport Pool Circ Pump Motor & Pump 10 2026-27 Sport Pool Controller 15-20 2029-30 Sport Pool VFD 10-20 2029-30 UV Quartz 2-3 2027-28,2029-30, 2031-32 UV Wiper 2 2027-28,2029-30, 2031-32 AMENITIES Item Lifespan Year Needed Back Boards 2-3 2026-27, 2028-29, 2030-31 Grates 10 2034-35 Guard Chairs 10 - 15 2026-27 Guard Tubes 2-3 2026-27, 2028-29, 2030-31 Ladder Railings 10 - 15 2026-27 Lane Line Reels 15-20 2028-29 Main Drain Cover 10 2026-27 Natatorium Flags 15-20 2026-27 Natatorium Lane Lines 10 2026-27 Natatorium Under Water Lights 6 2029-30 Natatorium Wheelchair 3-4 2026-27 Ring Buoy 2-3 2026-27, 2028-2029, 2030- 2031 Safety Signage 10 - 15 2026-27 Shepards Crooks 2-3 2026-27, 2028-29, 2030-31 Sport Lane Lines 10 2026-27 Sport Pool ADA Lift 10 2030-31 Sport Pool Dive Blocks 15-20 2034-35 Sport Pool Flags 2-4 2025-26, 2028-29, 2031-32 Sport Pool Polo Goals 15-20 2026-27 Sport Pool Tarps 10 2026-27 Sport Pool Under Water Lights 6 2029-30 SLIDE TOWER Item Lifespan Year Needed Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 198 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 14 of 17 Capsule Slide Electronics 10 - 15 2026-27 Capsule Slide Pneumatics 10 - 15 2026-27 E-stop Buttons 8 - 10 2026-27 Electrical / Pneumatic Mount and Conduit 10 2033-34 First Deck Run Out Netting 2 - 3 2025-26, 2027-28, 2029-30, 2031-32 Flow Meter and Gauges 8 - 10 2026-27 Foundation Inspection 10 2026-27 Lighting 15-20 2031-32 Non-Destructive Testing 10 2026-27 Platform Decking & Coping (Fiberboard)10 - 15 2026-27 Run Out Fencing 20 2034-35 Scaffolding 5 2026-27, 2031-32 Signage 2 - 3 2025-26, 2027-28, 2029-30, 2031-32 Slide Exterior Paint 10 2026-27 Sprayer Nozzle and Tubing for Bowl Slide 6 2029-30 Stair Platforms (Fiberboard)10 - 15 2026-27 SPLASH ZONE Item Lifespan Year Needed Anodes 2 2025-26, 2027-28, 2029-30, 2031-32 Base Plates 6-8 2026-27 Feature Bearings 10 2026-27 Gaskets 2-4 2026-27 Hose Jets 2 2025-26, 2027-28, 2029-30, 2031-32 Large Tipping Bucket 20 2034-35 Palm Tree Branches 2 2025-26, 2027-28, 2029-30, 2031-32 Signage 6-8 2026-27 Structure Pannels 6-8 2026-27 Surf Boards 6-8 2026-27 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 199 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 15 of 17 Tipping Buckets 20 2034-35 Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 200 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 16 of 17 PREVENTATIVE MAINTENANCE TOTALS* Year Mechanical Room Amenities Slide Tower Splash Zone Annual Total 0** (FY25/26)$15,000 $8,000 $4,000 $5,000 $32,000 1 (FY26/27)$506,000 $107,000 $21,000 $22,000 $656,000 2 (FY27/28)$3,000 $2,000 $4,000 $5,000 $14,000 3 (FY28/29)$9,000 $47,000 $0 $6,000 $62,000 4 (FY29/30)$156,000 $38,000 $11,000 $5,000 $210,000 5 (FY30/31)$9,000 Total $698,000 $221,000 $40,000 $49,000 $1,008,000 *Rounded up to the nearest $1,000 **Year 0 (FY25/26) prorated to align contract with fiscal year cycle COMPENSATION SCHEDULE: O&M*$192,00 0 $238,00 0 $246,00 0 $255,00 0 $264,00 0 $272,00 0 O&M Contingency ** $39,000 $48,000 $50,000 $51,000 $53,000 $55,000 Preventative Maintenance $32,000 $656,00 0 $14,000 $62,000 $210,00 0 $34,000 Preventative Maintenance Contingency *** $500,000 *O&M costs include a 3% increase each year to account for inflation. Contractor shall notify City no later than 60 days prior to a new Fiscal Year (July 1 – June 30) if this 3% increase is required. **O&M Contingency of up to 20% of the annual O&M allotment is allocated in each year of the contract to cover unexpected operation and maintenance costs. Funds do not carryover and can only be spent with approval from the Contract Manager or designee. ***Preventative Maintenance Contingency of $500,000 is allocated to cover unexpected equipment maintenance activities in the 5-year contact term. Funds can only be spent with approval from the Contract Manager or designee. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 201 Services Agreement between October 1, 2025 City of Dublin and East Bay Pool Service Inc. Exhibit A – Page 17 of 17 All materials/supplies required to perform these services shall be provided by the Contractor. If utilizing a Subcontractor, Contractor may charge an administrative fee not to exceed 10% of subcontractor costs. Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov. Invoices shall be submitted as work is completed, and not more often than once a month, per the Agreement. Docusign Envelope ID: 7BC1E77C-3D99-40D1-BB12-A85EAC6F3678 202 1. Cover Letter East Bay Pool Service Inc has received the RFP request to provide contractor services for the City of Dublin at the Wave Water Park. We most definitely desire to continue to provide maintenance service for the City of Dublin at the Wave. We have provided the maintenance since the opening and our staff absolutely loves working there and working with the Waves staff! We have demonstrated our faithful commitment to the City of Dublin in providing continual care for the wave facility down to the smallest details. There are no parts of the pools or their operating systems that have been neglected, rather, we have been active in maintaining not only water quality but also taking great care of all the maintenance and repair issues that continually surface that need attention. We pride ourselves at keeping the pools and pump rooms clean, operating correctly, leak free and with a plan for upcoming repair/pmi needs. Please take into consideration the extremely high value of having a company continue service operations who has been providing maintenance services for the City of Dublin for close to 30 years without any issue! Services that have been continuous and daily, dating back to a great relationship we had with the infamous Paul McCreary when we serviced the Dublin Swim Center close to 30 years ago! Also please consider carefully our company's ability to respond quickly to emergencies that can occur. Because we are local, and well-staffed and most importantly are experienced in all types of sometimes difficult repairs, we are able to minimize down time with efficient repairs. For instance , one of the pumps in the pit can weigh over 4000 pounds and getting it up and out of the pit, rebuilt, and reinstalled is something we do regularly at facilities in the area . We did it for the Wave this last summer. We actually have performed countless repairs at the Wave over the past 7 plus years, repairs on the filters, motors , backwash systems, heaters, VFD 's, chemical computer control systems, UV systems and slides. We have our b lood , sweat and tears all over the facility@ 'J7({"5' uiz-,J T" / -z_ / --z..o /-2 '1 Attachment 3 203 2. Statement of Qualifications East Bay Pool Service has specialized in Commercial Pool service and repair for over 30 years. My head engineer, Sam Terry has worked for us for over 20 years and is possibly the smartest and most mechanical person I have ever known. He has experience working not only in the pool industry but also has worked on ships, planes and helicopters. My son, Carter Vance has worked with us for over four years and has experience in all aspects of pool systems and repairs. Likewise, Gibran Morales has worked for East Bay Pool for over 3 years and has shown incredible faithfulness and extreme care for detail in all his work including all aspects of pool system repairs. Myles Darrah has been with East Bay Pool for over 2 years and is also a very faithful employee who has great aptitude for pool mechanics and repair. Sam, Carter, Gibran, Myles and myself are our main repair technicians. We also have regular maintenance techs: Guadalupe Garcia, who has worked for EBPS for over 17 years, Jose Pastora 16 years, Hiroyuki Wantanbi 4 years, and Anthony Flores for 4 years. We are all experienced with repairs on the latest and highest tech equipment including: Pumps, heaters, filters, computer control systems, backwash systems, plaster repairs, tile, slide maintenance/repairs and truly all aspects of aquatic facility repairs . Safety has been a top priority for our team from the beginning. We are constantly maintaining safetly logs and conducting safety training to ensure safe work and pool facility environment. We have a very close working relationship with the County Health Dept as well as with OSHA to keep up to date on all current requirements. 3. References The Wave Waterpark-Continued maintenance since the opening of the facility. (overlapping service with The Dublin Swim Center for 20 years until its closure) Person of contact, Dustin Stene Dolores Bengtson Aquatic Center-2 ½ years service, 7 days per week service provided, almost identical scoop to The Wave, person of contact, Steve Castaneda, City of Pleasanton Facilities Supervisor Public Works, 925 931-5585 San Ramon Valley Unified School District-25 years faithful service, MVHS and SRVHS, 7 days per week service provided for both pools, almost identical scoop to The Wave, person of contact, Chris Hamburger, supervisor maintenance and grounds, 925 824-0264 ext 2288 204 4. Key Staff Members Jim Vance, President of Operations; Sam Terry, Engineer, 25 years; Gibran Morales, Supervisor, 4 years; Carter Vance, repair tech and route manager, 4 years; Myles Darrah, repair tech, 3 years; Anthony Flores maintenance tech, 4 years; Hiroyuki Wantanbi, maintenance tech, 4 years; Jose Pastora, maintenance tech, 18 years, and Guadalupe Garcia, maintenance tech, 17 years. All these are full time staff and are available to respond to all types of callings. We have 24 hour emergency service available. We never have an issue completing the work we have committed to. 5. Subcontractors Very rarely do we obtain the service of subcontractors. Occasionally may refer out to Knorr Systems or Scuba Plaster Repair Company. We do almost all pool related work in house. 6. Project flow The project flow will follow the required scope of maintenance services required . Since we have been performing maintenance for The Wave since opening, we have a very high level of understanding of how to approach all tasks. We generally begin with a brief walk of facility to ensure no abnormal observations or safety concerns. Then we check proper functioning in the pump room, including chemical computer controls, heaters, filters, VFD's and pumps etc. We ensure that all maintenance items are done daily, weekly, monthly and annually according to the scope of services. Daily logs kept for regular maintenance as well as equipment repairs. 7. Project Schedule The project schedule will be performed according the required maintenance scope during the specific season schedule. A technician will be working on required tasks on the facility 6 days a week, Monday through Saturday, Oct 1-April 30, 4 hours per day at time specified by management. During the summer, May 1-Sept 30, service will be provided 4 hours per day, from 9:30am-1 :30pm, 7 days per week. This schedule is minimum and will be supplemented by service that may be required to meet facility needs outside this timeframe. 205 8. Attachement B Bid price terms used for pricing required maintenance items: "Included" -this task we deem to be included within the scope of duties already listed elsewhere in the scope. "Plus parts" -the parts that may be required could be very costly and would be given as a proposed additional cost as job requires. "Per proposal" -the task may require a very costly and time-consuming repair and should be done per proposal presented. Defining pricing structure: We estimated our pricing based on prevailing wage, including required double­ time on Sundays. Hourly rate is $130/hr When calculating monthly cost, we totaled all the months at 6 days per week and added all the months at 7 days per week, then divided by 12 to get the average cost per month. On the Splash Zone, we found items that we felt were to be charged only for 4 months and factored that into our calculations . 206 Requ ired Maintenance and Service Frequency NATATORIUM (Indoor Pool) # Freq ue ncy Description Bid Price 1 Daily Provide chemical testing kits and test water chemistry at the pool 5 ('J\\,-J ed Qe (ORP , SP, pH, GPM, PSI , Temp , INT} ,o;~s 2 Daily Test water chemistry at the chemical controller and calibrate units 5 J'I l ,J as needed, document all results and adj ustments JO. 'if 5 3 Daily Add and adjust chemicals as needed . (Contractor shall order the 5 ('Alr.J chemicals and invoices shall be provided bv the su pp lie r) I0.ca-5 4 Daily Check and adjust to maintain an optimal pool temperature of 82 to I f"l N 84 deg rees a.I--=1 5 Daily Skim pool and clean gutters ~f!/n 6 Daily Empty/clean all skimmer baskets, vacuum pump strainers, and flow 1 S"tJ\lJ indicator filters ,1...ss 7 Weekl y Full y vacuum entire po ol II '3 () LA 1, 8 Weekly Record UV lig ht filter usa ge (Repla ce UV bulbs if necessa ry) I MI/J a ,1-:J 9 Weekly Record heater usage (ensure its working properly and adjust I }'11,J tem pe rature depe ndin q on weather) ~. l+- 10 Wee kly Test total alkali nitv and calcium hardness 1~.'9·~ 11 Weekl y Clean strainer baskets for all pum ps I u f'\I "' a , .-:,.o 12 Bi-Weekly Inspect and repa ir handrails and tiles surroundin g the pool /01,.,..,f-J ol . -=l-0 Backwash filters (or more often as needed). Contractor shall / 5 f'll rJ 13 Bi-Weekly replace media, back wash valves, plumbing , booster pumps, and 31-.55 timi ng mechanism . 14 Monthl y Chan ge circulation pum ps , t3.'tl;' 15 Annuall y Pum ps, filters , and chemicals balance are maintained year-around. ti/ C. Inspect, solar, paint and galvanizing; submit a report with cost 16 Annually estimates for any needed repairs. Documentation fo r repairs must '390 be submitted within five days and include who made the repairs, the dates , and scope of repa irs 17 Annuall y Solar leak test dto O 18 Annually Winterization (Bring in umbrellas and deck equipment. Cutting and 7~0 I clean ing of d~ck drai r,is to ensure th ert~ is no standin g water) lfAo ,-J;--f--15 w/ (o 1Jt'<-15 P£R l,,H() 'f]LU 5 IM01Jnt5 wj ·, 1}r'(f/ f ,a ~Total Monthly Cost: AV&L/-.5J5J 4 '\ I I Total Annual Cost: 5~,'3 31.7-0 PAUL MCCREARY OUTDOOR POOL (Competitive Sports Pool) # Frequency Description Bid Price 1 Daily Provide chemical testing kits and test water chemistry at the pool ~ (VI ( ('J edge (ORP, SP, pH, GPM, PSI, Temp, INT) /D, is 2 Daily Test water chemistry at chemical controllers and calibrate un its as 5 tf\lN needed, document all results and adjustments IO, '6'? 3 Daily Add and/or adjust chemicals as needed 11)~,i ~ Check and adjust to maintain an optimal pool temperature of 82 to l ,-AI/J 4 Daily 84 deorees ct-• 11 30 207 5 Daily 6 7 8 9 10 Bi-Weekly 11 12 13 Annuall Empty/clean all skimmer baskets, vacuum pump strainers, and flow indicator filters utters Record he Inspect the and repair tile, handrails, and gutters surrounding the ool Test the ADA chair lift Backwash filters or more often as needed Inspect paint and galvanizing; submit a report with cost estimates for any needed repairs. Documentation for repairs must be 14 Annually submitted within five days and include who made the repairs, the dates, and sco e of re airs 15 Annually Winterization (Bring in umbrellas and deck equipment. Cutting and cleanin of de k drains to ensure here is no standin water *All activities listed above include the Contractor's time and effort to uncover and cover the Competitive S orts Pool as necessa to rovide the service listed. WATERSLIDE MAINTENANCE # Frequency Description Bid Price Provide chemical testing kits and test water chemistry at the slide 5 {"11/V 1 Daily edQe (ORP, SP, pH, GPM, PSI, Temp, INT) I o, <i?t; Test water chemistry at chemical controllers and calibrate units as S fAll.J 2 Daily needed, document all results and adjustments ID .ea'-;, 3 Daily Add and/or adjust chemicals as needed 16'.~'c; 4 Daily Check and adjust to maintain an optimal pool temperature of 78 to 80 I f"d rJ deqrees a.11- Empty/clean all skimmer baskets, vacuum pump strainers, and flow JO f'\IJJ 5 Daily indicator filters o.\ ,-=r-0 6 Daily Skim all runout lanes J~.'s'~ 7 Daily Check all runout lanes for algae and take necessary steps to remedy -J.r~ 8 Daily Address minor repairs such as caulkinq, chips and cracks, and leaks -d,?/~s 9 Daily Inspect and conduct as-needed repairs on Emergency Stop (e-stop) IO ('A Iµ buttons, stairs, numatics, plumbina, and flow meters 0\1,--::/0 General slide tower maintenance (Pressure washing, non-slip tape, IO fJIIIJ 10 Daily safety, and security) -aI.1O 11 Weekly Test pool alkalinity and calcium hardness Ii} ~6 12 Weekly Mechanical inspection per manufacturer recommendation of the ~0 fAI/J capsule slide LoS . oo 13 Weekly DraininQ of air compressor for drop slide 1?3.1~'~ 14 Bi-Weekly Backwash filters (or more often as needed) I '2 r'li::;' ""'·c:, '33' 31 208 Inspect paint and galvanizing; submit a report with cost estimates for 15 End of Season any needed repairs . Documentation for repairs must be submitted 390 within five days and include who made the repairs, the dates, and scope of repai rs 16 End of Season Winterization (Tum off heater and other duties as assiQ ned ) -:?90 17 Off Season Tum on slide and run outs once a month. ( -=t /A 0µ Tµ 5 ) ~r.cyo , 18 Annuall y Pum ps, filters, and chemicals bal ance are maintained year-around. tJ l e.- ~o1J11l 5 w/ LPO,t'1'5 ~ JJI{] +(fli ~~ wj -:f l7~'fs P£tZ vJi<) --:-11-..-:: ,All& Total Monthly Cost: '-/"11 5.o5 '\ Total Annual Cost: s ~.a,18<o *Our slide contractor conducts bi-annual inspections and performs major annual repairs. They also attend the OSHA inspection and make repairs to slides per OSHA's recommendations. ,...The pool maintenance contractor is responsible for daily maintenance to slides during summer season. Including but not limited to chip/crack repair, caul kina, E-Stop buttons, flow meters, leaks, and other minor maintenance. CHILDREN'S PLAY POOL (Splash Zone) ·,so l"\fE rf0A5 0rJL'f tJ€£0 4 fll, prJT1f-5 # Frequency Description Bid Price 1 Pre-Operation Inspect and repa ir water spray features * l..J, r-o t-.rn-\-:; Sf"'II_~ ID, q- Inspect and repair non-water features: netting, paint, palm trees, 5 ('A/Ill 2 Pre-Operation IO · '1?5 and raili nQs 'If '-I j\'\oiJ·n+s 3 Pre-Operation Inspect the la rge ti ooing bucket assembl y * 'f. fr\ o ,.> n+ s /6.~'t;" Provide chemical testing kits and test water chemistry at the pool 5 ,-hl rJ 4 Daily edg e (ORP, SP , pH, GPM, PSI, Temp, INT) I0,'is'S 5 Daily Test water chemistry at chemical controllers and calibrate units as '3 M 1 ,J needed , document all results and adj ustme nts IO , SJS 6 Da ily Add and/or adjust chemicals as needed -,~.~~ 7 Daily Check and adjust to maintain an optimal pool temperature of 78 to /MttJ 80 deQrees * 4 ,M ot011-+ 5 ,a,J~ Empty/clean all skimmer baskets, vacuum pump strainers, and flow /Of'\1/\J 8 Daily indicator filters c}.I ,1'"0 9 Daily Skim the pool and clean the gutters hY,t;.1/1 10 Daily Check and adjust if needed operating pressure and flow to all 5,.,.,1 tJ effects ~ 4 Morvl1t'5 /0 , '?5 S 11 Dai ly Visuall y in spect and repair if needed climbi nQ and safety net~~ flo~f!t5 ,cf.~'~ Vacuum entire pool bi-weekly from April through October and 12 Weekly weekly from November throug h March -~ 'J. µ ou.(</ w I,( • ~ I J.l ouR. wK tl'IO~Tt+-f ~ s M~oJtl+S l 30 13 Weekly Test pool alkalin ity and calcium hardness Ill. /085 - 14 Weekly Inspe ct Aq ua Pl ay: one sin gle and two tandem waterslides 'f /fl 1>A1 11.f 5 ,o(g'g 15 Weekly Check the operation of jets and nozzles; clean and grease as 5 {"II N req uired * t./ ,io~~1 10,'=BS 16 Weekly Record heater usaQ e * t-/. fl\o~-n-t 'f'/11/IJ ~II ":r 17 Weekly Check valve operating assemblies * 1i Mr»>-n-fS 16.'~/~ 18 Bi-weekly Backwash filters (or more often as needed) ~~ .. '5'~ 19 Bi-wee kly Inspect the tile and gutters surround ing the pool lMl,-..1 ol, 'T" 20 Bi-weekly Check operation of nozzles -¥ '-f IV'bN-rvt5 16~~ 21 End of Season Drain the play structure for maintenance and repairs if requi red o-lo O 32 209 22 End of Season Inspect the entire structure and submit a report with cost estimates 390 for any needed repairs Clean components (Including but not limited to Pin Wheel , Tipping 23 End of Season Buckets, Spry Guns, Water Troughs , Shower Nozzles, and other 3 °1 0 various structure features ) Inspect paint and galvanizing; submit a report with cost estimates 24 End of Season for any needed repairs . Documentation for repairs must be J90 submitted within five days and include who made the repairs, the da tes, and scope of repa irs 25 End of Season Remove, label, and store small parts (Including but not limited to '390 beari ng s, ancho rs, cla sps, gaskets , feature and structure hardware ) 26 End of Season Inspect the la rqe tioo inq bucket assemb ly I '30 27 End of Season Winterization (Cover fibe rglass features , other duties as assig ned.) ~C\O 28 Annua lly Pum ps, filters , and chem icals balance are ma intained yea r-around. JI I c_ 1-re.5 w/ 4f /'ID, + tv1D,.>~s wl IQ o,..'f s -+-~o,.rni5 wl 7 11A'1S =J,.v&/Mo Total Mo nthly Cost: J,<31(o ."1 3 AV6 Total Annual Cost: L/$JL/J ,'t/ GENERAL MAINTENANCE # Frequency Description Bid Price 1 Daily Check all pools for algae and take the necessary steps to remedy /rJC..LU DE1:> 2 Daily Inventory for and ordering of pool chemicals I tJC. LU. 0 E""'7 3 Daily General upkeep of the high-rate sand filters for each circulation /,JLL~O~ system 4 Daily Check flow meters and pressure gauges I JI CLU. D ~ P 5 Daily Complete and submit checklists and maintenance reports l tJCLU.0121) 6 Daily Inspect all chemical sheds for leaks I rJ c.L \A. C> ~t> 7 Annually Sink Pit Cleaning and Vacuuming for all pools 15 l.oO 8 Annually Replace rubber tubing for peristaltic pumps 390 ;-f. 9 Pre/Post Season Back washing pool systems and(chanqe backwash valves ) frR'PJzofof/.-L 10 As Needed Other preventative measures as determined necessary PGR. rlofD'>A-L (Contractor to provide list of items and bid amounts if applicable.) 11 As Needed Minor tile and grout repair I t.JU-1). D ED 12 As Needed Repair and replace underwater liqhts 'Pr.:f<. 'VRof>DSA-L Total Monthly Cost: -Total Annual Cost: I.Cf 5" O *Contractor is required to use their own tools and suoolies for repairs or maintenance. OTHER MAINTENANCE AND REPAIR SERVICES # Description Bid Price Onsite maintenance personnel four hou rs per day, on days determined by time of 1 year (See Service Frequency). Maximum response time of 30 minutes when issues lf')CLU D~O occur during operational hours and impact the use of a pool or attraction. 33 210 Response time of 24 hours or less when maintenance issues do not impact the use I .30 /.wr-<:i ~ of a pool or attraction. Duties include lane line, flag, tile, handrails, lift chair/wheelchair, power 1a washing , removing scale, equipment reel maintenance, dive blocks, water IN LLIAD EJ polo goals, underwater lights, deck grates, umbrellas, seating, and other duties as assigned. 2 On-call availability when a maintenance or repair situation occurs I '70 / J-1 I< oR. o-r Consult and provide a long-term preventative maintenance plan and equipment 3 ,0 3 lifespan. Plan shall be produced 6 months after work has begun and updates are requ ired annua lly thereafter. Total Monthly Cost: Total Annual Cost: '39 0 Service Frequency: October 1 through April 30, Monday through Saturday. May 1 through September 30, seven days a week. Summer season , 9:30am -1 :30pm, Off season , aQ reed upon between contractor and facil ity *Required to mai ntain an Air Compressor Operation Certificate and attend County or OSHA inspections. DESIRED ADDITION S (optional) # Description Bid Price 1 Oversite and management of subcontracting services for: I 1a Tile, grout, and plaster repai r ii I\ 1b Underwater lights (Natatorium) NI 1-t" 1c Heater and pump/chemical room repairs I I 1d Contract (or subcontractors) to bid on specialty pool repair projects Total Monthly Cost: Total Annua l Cost: FREQUENCY LEGEND Pre-Operation Two to three weeks before May 1st Daily Every day of the year Weekly Once a week for every week of the year Bi-weekly Twice a week for every week of the year Monthly Once a month for every month of the year Annually Once a year, schedule for these items set between facility and contractor as it will typ icall y cause pool closures Beginning of Memorial Day Weekend Summer Season End of Summer Last weekend in September Season Off Season Last weekend in Septembe r through April 30th 34 211 9. Contractor Service Agreement and Insurance East Bay Pool Service Inc confirms its ability to meet Dublin standard contractor service agreement and insurance requirements. Proposal Questions: If the City has any questions regarding this proposal, please feel free to contact me to discuss anytime. Thank you so much for the opportunity to continue to serve the City of Dublin! James Vance East Bay Pool Service Inc 1547 Palos Verdes Mall #240 Walnut Creek, Ca. 94597 925 683-7024 212 Wave RFP Addendum 5/8/25 Additional Spreadsheets- During discussions concerning maintenance items, we determined there were additional aspects of short term and long term service that needed to be included in the scoop. The spreadsheets are basically separated into two main catagories: -short term(4 years or less) -long term(5-10 years) Clarification on Overtime Costs- -Emergency work provided after hours between 6pm-6am. $200/hr 213 Short Term Costs estimate Materials Labor Pump Room $47,300.00 $13,260.00 Splash Zone $12,294.00 $6,890.00 Slide Tower $18,921.00 $22,360.00 Ameneties $29,050.00 $8,320.00 $107,565.00 $50,830.00 Long Term Costs Estimate Materials Labor Pump Room $587,740.00 $62,100.00 Splash Zone $14,400.00 $2,080.00 Slide Tower $18,500.00 $2,400.00 Ameneties $233,500.00 $9,880.00 $854,140.00 $76,460.00 214 1 REQUEST FOR PROPOSALS AQUATIC FACILITIES MAINTENANCE City of Dublin Proposals must be received by: December 20, 2024, at 4:00 p.m. (Pacific Time) Julius Pickney, Management Analyst II 100 Civic Plaza City of Dublin, CA 94568 Proposals will be evaluated on the following: a) responsiveness to the Request for Proposal, b) experience of the firm, c) experience and qualifications of the assigned individuals and d) Satisfaction of previous clients. Attachment 4 215 2 Request for Proposal For Aquatic Facilities Maintenance Overview Scope of Services: The City is seeking proposals from qualified pool maintenance providers to provide all labor, tools, equipment, and materials (unless otherwise noted) for the provision of regular ongoing aquatic facilities maintenance and oversight at the Wave. Maintenance services include daily oversight of maintenance operations, preventative maintenance, part replacement, repair, pool cleaning, water chemistry, equipment monitoring, and other scheduled maintenance services. Documentation for repairs must be submitted within five days and include who made the repairs, the dates, and scope of repairs. proposals for pool maintenance and basic waterslide maintenance services for the award-winning 31,000-square- foot Wave Aquatic Center (the Wave) at Emerald Glen Park in Dublin, California. The boardwalk-themed waterpark includes a six-waterslide tower featuring two speed slides, an aquatic play structure (splash zone), a sports pool, and an indoor natatorium, making this facility a great attraction year- round. The maintenance services requested include regularly scheduled pool cleaning, water chemistry, equipment monitoring, preventative maintenance, part replacement, repairs, oversight, and other as-needed services. The contract period would run from February 2025, through June 2028, with the option of a two-year extension. The Wave Website 216 3 The Wave includes the following amenities: 1. The Natatorium, which houses a 160,000-gallon, 6,900 square foot, 6-lane, 25-yard, heated indoor pool with three shallow water teaching bays. The Natatorium is used for year-around swim school, lap swimming, and water exercise programs. Operations Schedule: Year around, seven days a week 2. The Paul McCreary Sports Pool is a 286,006-gallon, 6,173 square foot, 11 lane, 25 yard, heated outdoor pool. The Sports Pool hosts competitive swim meets, water polo matches, and is open for recreational swimming during other Waterpark hours. Operations Schedule: Year around, seven days a week 217 4 3. The Waterslide Tower features six waterslides totaling 11,385-gallons which includes two speed slides, five runouts, and one circulation pump. Operations Schedule: Memorial Day Weekend through Labor Day, seven days a week. Weekends only Labor Day through the last weekend in September. 4. The Splash Zone is a 27,698-gallon, 4,945 square foot, aquatic play structure for children. It includes two water slides with independent runouts, 500-gallon tipping bucket, shallow water play pool, interactive spray features, climbing play structure, one circulation pump, spray feature pump, and water slide pump. Operations Schedule: Memorial Day Weekend through Labor Day, seven days a week. Weekends only Labor Day through the last weekend in September. 218 5 Regulatory Websites and References: The following list of websites and related links are provided by the City of Dublin for use by the Contractors, if needed, for the preparation of the Contractor’s Proposal. The information is provided as-is and the City does not warrant the completeness or accuracy of these websites: 1. California Code of Regulations (CCR), Office of Administrative Law (https://oal.ca.gov/publications/ccr/) a. CCR, Title 22, Division 4, Chapter 20. Public Swimming Pools https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegula tions?guid=I80717FC85B6111EC9451000D3A7C4BC3&originationContext=documen ttoc&transitionType=Default&contextData=(sc.Default) 2. California Department of Public Health, Center for Environmental Health (https://www.cdph.ca.gov/Programs/CEH/Pages/CEH.aspx) a. California Swimming Pool Requirements https://www.cdph.ca.gov/Programs/CEH/DRSEM/Pages/EMB/RecreationalHealth/C alifornia-Swimming-Pool-Requirements.aspx 3. Department of Industrial Relations, Division of Occupational Safety and Health (DOSH), also known as Cal/OSHA (https://www.dir.ca.gov/dosh/) a. Amusement Ride and Tramway Unit https://www.dir.ca.gov/dosh/AROffices.htm b. Title 8 Regulations, Subchapter 6.2 Permanent Amusement Ride Safety Orders https://www.dir.ca.gov/Title8/sub6_2.html The required maintenance and service frequencies for the Wave amenities are included in Attachment B. Process and General Conditions 1. Proposers shall submit one electronic copy to: Julius Pickney, Management Analyst II 100 Civic Plaza Dublin, CA 94568 julius.pickney@dublin.ca.gov Electronic copies shall be submitted by e-mailed PDF or an e-mailed link to a ShareFile or FTP site. Hardcopies will not be accepted. 2. Deadline for submitting the proposal is December 20, 2024, at 4:00 p.m. via e-mail only to Julius Pickney at julius.pickney@dublin.ca.gov. Late submissions will not be accepted. 3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 15 pages, single-sided, using minimum 12-point font 219 6 size. Page limit excludes a table of contents, dividers, sample projects, and resumes for Contractor’s team. Schedule for RFP Process November 14, 2024 Request for Proposals released December 11, 2024, 9AM Mandatory facility walkthrough, starts at 9 AM December 12, 2024, 5PM Deadline to submit questions via e-mail only to public.works@dublin.ca.gov and carbon copy (CC) julius.pickney@dublin.ca.gov December 13, 2024 Addendum posted, if required December 20, 2024, 4PM Proposals are due no later than 4:00 PM on December 20, 2024, via email only. Late submittals will not be accepted. January 2025 Tentative and if needed - Interviews of Firms, week of January 27, 2024 February 2025 Tentative - Agreement approval by the Dublin City Council All dates above are tentative and subject to change via Addendum at the discretion of the City of Dublin RFP Submittal Requirements Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum single sided (excluding resumes) and should be formatted to 8 ½ x 11 paper, in 12-point font. Page limit excludes a table of contents, dividers, and resumes for Contractor’s team. Interested firms are requested to submit one electronic copy of their Proposal as follows: 1. Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide contractor services listed in in Attachment B, Required Maintenance and Service Frequency. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. Please include this cover letter within document and not as a separate page. 2. State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity. 3. Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. 220 7 4. List key staff members, including identification of the Principal-in-Charge and Project Manager/primary point-of-contact. Include each team member’s availability, including all existing committed hours, and the ability of being able to complete the project on time and budget. 5. A list of proposed subcontractors, if any, the services they will provide, key subcontractor staff members, and each subcontractor’s availability. 6. Provide an approach to completing this project, showing the flow of various tasks of the work and demonstrating the clear understanding of the requested work. 7. Provide a project schedule. 8. Submit a copy of Attachment B, with proposed bid prices for each activity, with totals and subtotals as indicated in Attachment B. Include this completed bid tabulation as part of your proposed project budget, including hourly rates for labor and associated equipment. 9. Provide confirmation of your firm’s ability to meet the City’s Standard Contractor Services Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the Proposal. Submit your proposal via e-mail only no later than December 20, 2024, by 4:00 p.m. The entire Proposal (excluding resumes) should be a maximum of 15 pages. Submittals should be addressed as follows: City of Dublin, Public Works Department Attention: Julius Pickney julius.pickney@dublin.ca.gov Late submissions will NOT be accepted. Any Proposal submitted after the stated deadline will not be accepted for consideration. Standard Contractor Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement is tentatively scheduled to begin February 2025. A sample of the City’s Standard Contractor Services Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submitted proposal. 221 8 Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFP as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. Equal Employment Opportunity Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate or suspend the Contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin. Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-contractors shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.]. Governing Law This RFP summarizes the applicable laws and governance; when in conflict applicable State/Federal guidelines shall apply. The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California. Insurance Requirements 222 9 The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements: Automobile Liability Insurance $2,000,000 Commercial General Liability Insurance $2,000,000 General Aggregate Insurance $4,000,000 Professional Liability Insurance $1,000,000 Products and Completed Operations $2,000,000 Workers’ Compensation Insurance $1,000,000 Waiver of Subrogation and Primary and Non-Contributory coverage and endorsements. References Contractor must include three (3) references for which the company has provided services similar to those described in this RFP. Reference information shall include: Name, Address, Contact, Title, Phone Number, and Term of the Contract. Review and Selection Process The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate proposals provided in response to this RFP. The subcommittee will use a forced ranking process (please see Attachment C, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff, and may include more than one firm that has submitted a Proposal. Based on input from this review process, a recommendation will be made to the City Manager. The City Manager will make a recommendation to the City Council for award of contract services. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City. Selection of Contractor Submitted Proposals will be evaluated and scored using the following criteria: • Qualifications and specific experience of key project team members. • Quality and completeness of the proposal. • Experience with engagement of similar scope and complexity. • Satisfaction of previous clients. • Cost of providing the contractor services for this project. 223 10 ATTACHMENT A STANDARD CONTRACTOR SERVICES AGREEMENT {Removed for the purposes of the September 16, 2025 Regular City Council Meeting} 224 29 ATTACHMENT B REQUIRED MAINTEANCE AND SERVICE FREQUENCY SCOPE OF SERVICES 225 30 Required Maintenance and Service Frequency PAUL MCCREARY OUTDOOR POOL (Competitive Sports Pool) # Frequency Description Bid Price 1 Daily 2 Daily 4 Daily NATATORIUM (Indoor Pool) # Frequency Description Bid Price 1 Daily 2 Daily 3 Daily 4 Daily 6 Daily ( 9 Weekly 13 Bi-Weekly replace media, back wash valves, plumbing, booster pumps, and 16 Annually estimates for any needed repairs. Documentation for repairs must be submitted within five days and include who made the repairs, 18 Annually Total Monthly Cost: Total Annual Cost: 226 31 5 Daily 10 Bi-Weekly 14 Annually for any needed repairs. Documentation for repairs must be submitted within five days and include who made the repairs, the 15 Annually Total Monthly Cost: Total Annual Cost: *All activities listed above include the Contractor’s time and effort to uncover and cover the Competitive Sports Pool as necessary to provide the service listed. WATERSLIDE MAINTENANCE # Frequency Description Bid Price 1 Daily 2 Daily 4 Daily 5 Daily 9 Daily 10 Daily 12 Weekly 227 32 15 End of Season any needed repairs. Documentation for repairs must be submitted within five days and include who made the repairs, the dates, and Total Monthly Cost: Total Annual Cost: *Our slide contractor conducts bi-annual inspections and performs major annual repairs. They also attend the OSHA inspection and make repairs to slides per OSHA’s recommendations. **The pool maintenance contractor is responsible for daily maintenance to slides during summer season. Including but not limited to chip/crack repair, caulking, E-Stop buttons, flow meters, leaks, and other minor maintenance. CHILDREN’S PLAY POOL (Splash Zone) # Frequency Description Bid Price 1 Pre-Operation Inspect and repair water spray features 2 Pre-Operation 4 Daily 5 Daily 7 Daily 8 Daily 10 Daily 12 Weekly 15 Weekly 228 33 22 End of Season 23 End of Season Buckets, Spry Guns, Water Troughs, Shower Nozzles, and other 24 End of Season for any needed repairs. Documentation for repairs must be submitted within five days and include who made the repairs, the 25 End of Season Total Monthly Cost: Total Annual Cost: GENERAL MAINTENANCE # Frequency Description Bid Price 1 Daily Check all pools for algae and take the necessary steps to remedy 2 Daily Inventory for and ordering of pool chemicals 3 5 10 As Needed Total Monthly Cost: Total Annual Cost: *Contractor is required to use their own tools and supplies for repairs or maintenance. OTHER MAINTENANCE AND REPAIR SERVICES # Description Bid Price 1 year (See Service Frequency). Maximum response time of 30 minutes when issues 229 34 Response time of 24 hours or less when maintenance issues do not impact the use of a pool or attraction. 1a washing, removing scale, equipment reel maintenance, dive blocks, water polo goals, underwater lights, deck grates, umbrellas, seating, and other 3 lifespan. Plan shall be produced 6 months after work has begun and updates are Total Monthly Cost: Total Annual Cost: May 1 through September 30, seven days a week. *Required to maintain an Air Compressor Operation Certificate and attend County or OSHA inspections. DESIRED ADDITIONS (optional) # Description Bid Price 1 Oversite and management of subcontracting services for: 1a Tile, grout, and plaster repair 1b Underwater lights (Natatorium) 1c Heater and pump/chemical room repairs 1d Contract (or subcontractors) to bid on specialty pool repair projects Total Monthly Cost: Total Annual Cost: FREQUENCY LEGEND Pre-Operation Two to three weeks before May 1st Daily Every day of the year Weekly Once a week for every week of the year Bi-weekly Twice a week for every week of the year Monthly Once a month for every month of the year Annually Once a year, schedule for these items set between facility and contractor as it will typically cause pool closures Beginning of Summer 230 35 ATTACHMENT C FORCED RANKING RATING SHEET – FOR INFORMATION ONLY City of Dublin Forced Ranking Rating Sheet Instructions: After each review, write the name of the candidates in the boxes in ranked order of 1 through 5, with the number 1 candidate in the left column being the most qualified candidate. For example, candidate Smith’s name would be in the Rank 1 box after the first review, since that firm would be the only candidate so far. After candidate Jones is reviewed in the second review, then decide which of the two candidates – Smith or Jones – should be ranked #1 and #2. As reviews continue, re-rank the applicants as appropriate. RANK 1 FIRM 1 RANK 2 FIRM 2 RANK 3 FIRM 3 RANK 4 FIRM 4 RANK 5 FIRM 5 RANK 6 FIRM 6 RANK 7 FIRM 7 RANK 8 FIRM 8 RANK 9 FIRM 9 RANK 10 FIRM 10 CATEGORY: RATER SIGNATURE: DATE: 231 36 ATTACHMENT D FACILITY PHOTOGRAPHS – FOR INFORMATION ONLY 232 37 Maintenance Rooms BECSys7 Controllers, Flow Cells, and Testing Bench Variable Frequency Drives Pump Pit: Four Circulation and Five Booster Pumps 233 38 Outdoor Sport Pool Heater and Filter Slide Tower Heater and Filter Splash Zone Heater and Filter Indoor Swimming Pool Filter, Heater, and UV System 234 39 Chlorine 1 Storage Acid & CO2 Storage Chlorine 2 Storage 235 40 Fill Valves and Sewer Feature Control Panel 236 Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Account Amount Account Amount 10017610.64001 $58,302 9/16/2025As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Dublin, will require a $58,302 increase in the Fiscal Year 2025-26 Wave Waterpark budget, to cover the cost of the Operations and Maintenance (O&M) services and O&M Contingency portions of the agreement for the remainder of the fiscal year. REASON FOR BUDGET CHANGE FISCAL YEAR 2025-26 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT EXPENDITURES: Waterpark - Contract Services - General 237 Contractor Services Agreement for Aquatic Facility Maintenance September 16, 2025 238 Background •The Wave opened on Memorial Day weekend 2017 •Summer 2025 was the park’s 9th summer in operation. •As facility ages, it requires more daily attention to ensure minor issues don’t exacerbate. •Critical maintenance needed at the 7-10 year mark. 239 Background, 2 •In the past couple years, there have been several high dollar maintenance projects that took a significant amount of time and expense to address: 240 Waterpark Maintenance Study •Internal data review and outreach to six agencies (5 public, 1 private) in Fall 2023. •Other public agencies had at least 1.0 FTE assigned to park maintenance. •Jellystone (private) had 3.0 FTE assigned off- season (additional FTE during the season). •Antioch reported significant issues related to delaying maintenance for many years. •Approximately, $8M in repair costs. 241 RFP: East Bay Pool Service, Inc. •RFP Issued in November 2024 •3 Proposals –East Bay Pools Selected •East Bay Pools has Contracted with the City since 1999. •20+ years maintaining Dublin Swim Center. •Currently servicing The Wave •Current three-year maintenance contract expires Dec. 31, 2025. •Annual compensation limit of $128k (total $385k over the term). 242 Aquatic Maintenance Agreement •5+ year contract with East Bay Pools: •Aligns the contract with the fiscal year. •Expands on the operational tasks of the current agreement: •East Bay Pools employee assigned solely to The Wave. •Adds preventative maintenance, which is of particular importance to the on-going success of the waterpark. •East Bay Pools responsible for planning out maintenance projects to prevent emergency closures. 243 Costs •Net Annual Impact: (A)Current Contract (B) Through 6/30/26 (C) Annual Average, FY 26-27 -FY 30-31 Annual Difference (C) -(A)Funded By O&M $107,100 $192,000 $255,000 $147,900 O&M Contingency $21,420 $39,000 $51,400 $29,980 Subtotal, O&M $128,520 $231,000 $306,400 $177,880 General Fund Prev. Maintenance $54,496 $32,000 $195,200 $140,704 Prev. Maint. Contingency $71,430 $85,714 $85,714 Subtotal, Prev. Maint.$54,496 $103,430 $280,914 $226,418 ISF Total Annual Cost $183,016 $334,430 $587,314 $404,298 New Contract 244 Costs, 2 •Budget Adjustment for Additional Funding (2025-26) •For Fiscal Year 2025-26 a budget adjustment is required to fund the increased scope/cost. •Fiscal Year 2025-26 adopted budget included $206,585 for regularly scheduled operations and maintenance. •To cover the $231,000 in operations and maintenance (O&M), an additional $58,302 is needed. •Preventative maintenance and the preventative maintenance contingency will be funded through the City’s ISF. FY 2025-26 Adopted Budget $206,585 Expenditures to Date ($33,887) Agreement costs for FY 2025-26 ($231,000) 245 Performance Measures •Scope of Services requires specific daily, weekly, monthly, and annual tasks. •Agreement requires use of a maintenance management system (CMMS). •City Staff selected HydroApps, which is designed specifically for aquatic operations. •Performance Standard: Response Rate (90%) •Within 30 min: Issues during operational hours impacting pool or attraction. •Within 24 hours: Issues that do not impact pool or attraction. •Staff will meet with East Bay Pools annually to review prior year actuals. 246 Recommendation •Adopt Resolution Approving Contractor Services Agreement with East Bay Pool Service, Inc. (Attachment 1). •Authorize Budget Change Order for FY2025-26 (Attachment 5). Questions? 247