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*August 15, 2023 Regular City Council Meeting Agenda Packet
August 15, 2023 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS City Council Chamber Melissa Hernandez, Mayor Dublin Civic Center Michael McCorriston, Vice Mayor 100 Civic Plaza Jean Josey, Councilmember Dublin, CA 94568 Dr. Sherry Hu, Councilmember www.dublin.ca.gov Kashef Qaadri, Councilmember Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, August 15, 2023 Location: City Council Chamber 100 Civic Plaza Dublin, CA 94568 REGULAR MEETING 7:00 PM Additional Meeting Procedures This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures: □ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, August 15, 2023. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period ends, or until the public comment period on non-agenda items is closed. □ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform. □ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1 Inspiration Studio USA Certificate of Recognition The City Council will present the certificate to Inspiration Studio USA. 1 August 15, 2023 Dublin City Council Regular Meeting Agenda 2 STAFF RECOMMENDATION: Present the Certificate of Recognition. Staff Report Attachment 1 - Inspiration Studios USA Certificate of Recognition 3.2 American Muslim Appreciation and Awareness Month Proclamation The City Council will present the American Muslim Appreciation and Awareness Month proclamation. STAFF RECOMMENDATION: Present the proclamation. Staff Report Attachment 1 - American Muslim Appreciation and Awareness Month Proclamation 3.3 Employee Introductions New City of Dublin Staff members, Erika Spoon, Derek Teaderman, Monette Au, Tommy Cook, Brad Olson, Brian Spiller, and Aimee Dacumos will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. Staff Report 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). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1 Approval of the June 20, 2023 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the June 20, 2023 Regular City Council Meeting. STAFF RECOMMENDATION: Approve the minutes of the June 20, 2023 Regular City Council Meeting. Staff Report Attachment 1 - June 20, 2023 Regular City Council Meeting Minutes 4.2 Summary Vacation of an Emergency Vehicle Access Easement Located at 5751 Arnold Road The City Council will consider approving a summary vacation of a portion of an Emergency Vehicle Access Easement (E.V.A.E.) located at 5751 Arnold Road, which conflicts with the planned improvements for the site and will be replaced with a new E.V.A.E. that aligns with the reconfigured parking lot. 2 August 15, 2023 Dublin City Council Regular Meeting Agenda 3 STAFF RECOMMENDATION: Adopt the Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (Streets and Highways Code Chapter 4). Staff Report Attachment 1 - Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (Streets and Highways Code Chapter 4) Attachment 2 - Exhibits A and B to the Resolution - Legal Description and Plat Map 4.3 Authorizing City Manager to Purchase of Software Licenses and Related Computer Equipment with CDW Government, LLC in Excess of $45,000 The City Council will consider authorizing the purchase of software licenses and related computer equipment from CDW Government, LLC. in excess of $45,000 through April 30, 2026, with the potential for two one-year extensions. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Purchase Software Licenses and Related Computer Equipment from CDW Government, LLC. in Excess of $45,000. Staff Report Attachment 1 - Resolution Authorizing the City Manager to Purchase Software Licenses and Related Computer Equipment from CDW Government, LLC. in Excess of $45,000 Attachment 2 - Exhibit A to the Resolution - Omnia Partners, Public Sector Master Agreement 4.4 Authorizing Staff to Purchase Computers and Related Equipment from Dell Marketing, L.P., in Excess of $45,000 The City Council will consider authorizing the purchase of computers and related equipment from Dell Marketing, L.P. in excess of $45,000 through June 30, 2024. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000 in Fiscal Year 2023-24. Staff Report Attachment 1 - Resolution Authorizing City Manager to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000 in Fiscal Year 2023-24 Attachment 2 - Exhibit A to the Resolution - NASPO ValuePoint Master Agreement and Amendments 1,2,3,4,5 and 6 4.5 Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8563, 8645, 8646, 8648, and 8671 The City Council will receive a notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8563, 8645, 8646, 8648, and 8671, Francis Ranch Large Lot Map and Neighborhoods 1, 2, and 4. STAFF RECOMMENDATION: Receive the notification. Staff Report 3 August 15, 2023 Dublin City Council Regular Meeting Agenda 4 4.6 Intent to Vacate Right-of-Way on Croak Road and Setting a Public Hearing The City Council will consider adopting a resolution of intent to vacate public street right- of-way on Croak Road between South Terracina Drive and Central Parkway for the Francis Ranch development (formerly East Ranch) and setting a public hearing. STAFF RECOMMENDATION: Adopt the Resolution of Intent to Vacate Right-of-Way on Croak Road and Setting a Public Hearing. Staff Report Attachment 1 - Resolution of Intent to Vacate Right-of-way on Croak Road and Setting a Public Hearing Attachment 2 - Exhibit Showing Portion of Croak Road to be Vacated 4.7 Acceptance of Work – Project No. ST0713, Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project The City Council will consider the acceptance of the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713. The project installed a three-inch conduit on Dublin Boulevard between the Civic Center and San Ramon Road. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713. Staff Report Attachment 1 - Resolution Accepting the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713 Attachment 2 - CIP No. ST0713 4.8 Amendment to City Council Resolution 133-22 Approving the 2023 – 2031 Housing Element The City Council will consider an amendment to Resolution 133-22 approving the 2023 – 2031 Housing Element effective as of November 15, 2022. STAFF RECOMMENDATION: Adopt the Resolution Amending City Council Resolution 133-22 Approving the 2023 – 2031 Housing Element. Staff Report Attachment 1 - Resolution Amending City Council Resolution 133-22 Approving the 2023 - 2031 Housing Element 4.9 Actions Taken During City Council Recess The City Council will receive a report on the administrative actions taken during the City Council recess between June 21 and August 14, 2023, which were related to the Annual Street Resurfacing and Overlay projects, the Alamo Creek Fence Replacement Project, and an agreement with All City Management Services, Inc. for the provision of crossing guards. STAFF RECOMMENDATION: Receive the report. Staff Report 4 August 15, 2023 Dublin City Council Regular Meeting Agenda 5 Attachment 1 - Resolution No. 69-23 - Approving Plans and Specifications and Delegating Authority to the City Manager to Award Construction Contracts for Annual Street Resurfacing Project, CIP No. ST0117 Attachment 2 - Resolution No. 70-23 - Approving the Plans and Specifications and Delegating Authority to the City Manager to Award a Construction Contract for Alamo Creek Park and Assessment District Fence Replacement Project, CIP No. PK0122 Attachment 3 - Resolution No. 71-23 - Delegating Authority to the City Manager to Approve an Agreement with All City Management Services, Inc. 4.10 Approval of Plans and Specifications, Award of Contract to Suarez & Munoz Construction, Inc., and Approval of a Budget Change for the Wallis Ranch Community Park Project, CIP No. PK0421 The City Council will consider approving the plans and specifications and awarding a construction contract to Suarez & Munoz Construction, Inc. for the Wallis Ranch Community Park Project. The project will construct the 8.75-acre Wallis Ranch Community Park located on three separate parcels between Tassajara Road and the Wallis Ranch residential development. The City Council will also consider approving a budget change to increase the project funding. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Suarez & Munoz Construction, Inc. for the Wallis Ranch Community Park Project, CIP No. PK0421, and approve the budget change. Staff Report Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to Suarez and Munoz Construction, Inc. for the Wallis Ranch Community Park Project, CIP No. PK0421 Attachment 2 - CIP No. PK0421 Attachment 3 - Bid Results Attachment 4 - Budget Change Form Attachment 5 - Resolution No. 51-93 Certifying the Addendum and the Final Environmental Impact Report Eastern Dublin General Plan Amendment and Specific Plan Attachment 6 - Resolution No. 42-05 Certifying a Supplemental EIR and Adopting Mitigation Findings, Findings Regarding Alternatives, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for Dublin Ranch West Project Attachment 7 - Resolution No. 116-21 Approving an Addendum to the Eastern Dublin Environmental Impact Report and the 2005 Dublin Ranch West Supplemental Environmental Impact Report, and Approving the Wallis Ranch Community Park Conceptual Plan 4.11 Annual Review of City’s Investment Policy The City Council will review the City’s Investment Policy as per the City’s annual practice. The policy includes an update to replace the titles of Administrative Services Director and Assistant Administrative Services Director with Finance Director and Assistant Finance Director, respectively, as approved by the City Council on June 20, 2023. The City Council will also consider adopting a resolution completing the Annual Review of the Investment Policy and designating positions authorized to complete investment transactions. While not required by statute, annual review of a local agency’s investment policy is 5 August 15, 2023 Dublin City Council Regular Meeting Agenda 6 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 2023 Annual Review of Investment Policy and Delegation of Authority to Complete Investment Transactions. Staff Report Attachment 1 - Resolution Approving the 2023 Annual Review 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 - 2023 Statement of Investment Policy for the City of Dublin (redline) 4.12 City Treasurer’s Informational Report of Investments for the Quarter Ending June 30, 2023 The City Council will receive an informational report of the City’s investments through the quarter ending June 30, 2023 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $401,109,378 (market value) with an average market yield of 4.92%. As required by the Policy, the City Treasurer (Finance Director) affirms that the City is able to meet its expenditure requirements for the next six months. STAFF RECOMMENDATION: Receive the City Treasurer’s Informational Report of Investments for the Quarter Ending June 30, 2023. Staff Report Attachment 1 - City of Dublin Investment Report for Period Ending June 30, 2023 Attachment 2 - Transaction Ledger - April through June 2023 4.13 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from June 1, 2023 – June 30, 2023, totaling $9,962,380.56 and July 1, 2023 – July 31, 2023, totaling $10,081,559.88. STAFF RECOMMENDATION: Receive the reports. Staff Report Attachment 1 - Payment Issuance Report for June 2023 Attachment 2 - Payment Issuance Report for July 2023 4.14 Appointments to the City Council 2023 Ad Hoc Audit Review Committee The City’s independent auditor, Badawi and Associates, has commenced the field work necessary to complete the Annual Comprehensive Financial Report for the year ending June 30, 2023. The City Council will consider the establishment of an Ad Hoc Committee comprising two members of the City Council, who will review the audit process and final report with the auditors. STAFF RECOMMENDATION: Confirm the Mayor’s recommendation of Mayor Hernandez and Councilmember Qaadri as the 2023 Ad Hoc Audit Review Committee. Staff Report 6 August 15, 2023 Dublin City Council Regular Meeting Agenda 7 4.15 Approval of Plans and Specifications, Award of Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing Project, CIP No. ST0117 The City Council will consider approving the plans and specifications and awarding a construction contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing Project. The project will resurface multiple street segments with a slurry seal that will prolong the life of the existing pavement surface. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing (July 2023 Slurry Seal) Project, CIP No. ST0117. Staff Report Attachment 1 - Resolution Approving the Plans and Specifications and Awarding a Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing (July 2023 Slurry Seal) Project, CIP No. ST0117 Attachment 2 - CIP No. ST0117 Attachment 3 - July 2023 Slurry Seal Project Location Map Attachment 4 - July 2023 Slurry Seal Bid Results 4.16 Amendment to the Agreement with Civica Law Group for Special Counsel Legal Services The City Council will consider approving an amendment to the agreement with Civica Law Group for special counsel legal services related to code enforcement activities. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services. Staff Report Attachment 1 - Resolution Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services Attachment 2 - Exhibit A to the Resolution - First Amendment to the Agreement Between Civica Law Group, APC and the City of Dublin for Special Counsel Legal Services 4.17 East Ranch Affordable Housing Agreement (PLPA-2020-00028) The City Council will consider approval of an Affordable Housing Agreement with TH East Ranch Dublin, LLC, an affiliate of Trumark Homes, LLC, associated with the development of the East Ranch project. The East Ranch project is the development of a 165.5-acre site with a 573-unit residential project consisting of six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road. STAFF RECOMMENDATION: Adopt the Resolution Approving an Affordable Housing Agreement Between the City of Dublin and TH East Ranch Dublin, LLC, for the East Ranch Project. Staff Report Attachment 1 - Resolution Approving an Affordable Housing Agreement Between the City of Dublin and TH East Ranch Dublin, LLC, for the East Ranch Project Attachment 2- Exhibit A to the Resolution - Affordable Housing Agreement Attachment 3 - City Council Staff Report dated April 18, 2023 (without attachments) 5. WRITTEN COMMUNICATION – None. 7 August 15, 2023 Dublin City Council Regular Meeting Agenda 8 6. PUBLIC HEARING 6.1 Dublin Municipal Code Amendment to Section 8.84.140.I “Real Estate Directional Signs” (PLPA-2023-00017) The City Council will consider City-initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka “open house signs”). The City Council will consider adopting amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs” to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City’s enforcement authority. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs.” Staff Report Attachment 1 - Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I Real Estate Directional Signs Attachment 2 - Real Estate Directional Sign Comparison Table Attachment 3 - Planning Commission Resolution No. 23-04 Attachment 4 - Letter from David Stark, Bay East Association of Realtors Item 6.1 - PowerPoint Presentation 7. UNFINISHED BUSINESS 7.1 Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study The City Council will receive a report on the Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Nexus Study. The City Council will be requested to provide feedback and direction on key policy decisions. This feedback will be used to prepare updates to the Inclusionary Zoning Regulations, Affordable Housing In-Lieu Fee, and Commercial Linkage Fee programs in accordance with the City’s Two-Year Strategic Plan. The updates to these programs will be considered for adoption at a future meeting. STAFF RECOMMENDATION: Receive the report and provide feedback and direction. Staff Report Item 7.1 - PowerPoint Presentation 8. NEW BUSINESS 8.1 Introduction of an Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code The City Council will consider introducing an Ordinance amending the Dublin Municipal Code to reflect new requirements for Massage Establishments operating within the City and to update the Code for clarity and enhanced public safety. 8 August 15, 2023 Dublin City Council Regular Meeting Agenda 9 STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code. Staff Report Attachment 1 - Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code Attachment 2 - Exhibit A to the Ordinance - Chapter 4.20 (Massage Establishments and Massage Services) - Redline Version Attachment 3 - Chapter 4.20 (Massage Establishments and Massage Services) - Clean Version Item 8.1 - SB343.pdf Item 8.1 - PowerPoint Presentation 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility. Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. 9 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 3.1 DATE:August 15,2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Inspiration Studio USA Certificate of Recognition Prepared by:Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY:The City Council will present a certificate of recognition to Inspiration Studio USA. STAFF RECOMMENDATION:Present the Certificate of Recognition. FINANCIAL IMPACT:None. DESCRIPTION:The City Council would like to recognize Inspiration Studio USA for their participation in the Lantern Festival during the Lunar New Year Event and for their volunteer service to the Dublin community. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Inspiration Studio USA Certificate of Recognition 10 CERTIFICATE OF RECOGNITION Given to INSPIRATION STUDIOS USA In recognition of your volunteer work and contributions to the Dublin community during the Lunar New Year Events. Presented by the City Council of the City of Dublin Dated: August 15, 2023 Mayor Melissa Hernandez Vice Mayor Michael McCorriston Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 11 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.2 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Presentation of American Muslim Appreciation and Awareness Month ProclamationPrepared by:Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:The City Council will present the American Muslim Appreciation and Awareness Month proclamation. STAFF RECOMMENDATION:Present the proclamation. FINANCIAL IMPACT:None. DESCRIPTION:The City Council will present the American Muslim Appreciation and Awareness Monthproclamation in recognition of the many contributions of American Muslims in Dublin and across the nation. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. 12 Page 2 of 2 ATTACHMENTS:1) American Muslim Appreciation and Awareness Month Proclamation 13 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “American Muslim Appreciation and Awareness Month” WHEREAS,freedom of religion holds distinction as a cherished right and a fundamental value upon which the law and ethics of the United States are based; and WHEREAS,the City of Dublin takes great pride in supporting individual religious freedoms and is strengthened by contributions of its diverse population, including those Americans who practice Islam;and WHEREAS,the earliest Muslim immigrants mostly worked on farms and made significant contributions to early agricultural efforts and approximately one million Muslim Americans currently reside in communities throughout California, the highest number in the United States;and WHEREAS,the citizens of the City of Dublin benefit from Muslim religious, charitable, educational and empowerment organizations that operate within the City;and WHEREAS,members of the Dublin Muslim community have been strong advocates for equity and inclusion at the municipal and state levels of education and social programs that support all Dubliners;and WHEREAS,it is appropriate to promote awareness of the many contributions of American Muslims in Dublin and across the nation and extend to them the respect every American deserves. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim August 2023 as “American Muslim Appreciation and Awareness Month” in the City of Dublin. DATED: August 15, 2023 Mayor Melissa Hernandez Vice Mayor Michael McCorriston _______ Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 14 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.3 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Employee Introductions Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY: New City of Dublin Staff members, Erika Spoon, Derek Teaderman, Monette Au, Tommy Cook, Brad Olson, Brian Spiller, and Aimee Dacumos will be introduced. STAFF RECOMMENDATION: Welcome the new City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: The following new City of Dublin Staff members will be introduced: -Erika Spoon, Office Assistant II, Community Development Department -Derek Teaderman, Audio-Video Specialist, Information Systems -Monette Au, Senior Office Assistant, Parks & Community Services -Tommy Cook, Recreation Coordinator, Parks & Community Services -Brad Olson, Management Analyst II, Parks & Community Services -Brian Spiller, Recreation Coordinator, Parks & Community Services -Aimee Dacumos, Office Assistant II, Public Works STRATEGIC PLAN INITIATIVE: None. 15 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 16 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 EXECUTIVE SUMMARY:The City Council will consider approval of the minutes of the June 20, 2023 Regular City Council Meeting. STAFF RECOMMENDATION:Approve the minutes of the June 20, 2023 Regular City Council Meeting. FINANCIAL IMPACT:None. DESCRIPTION:The City Council will consider approval of the minutes of the June 20, 2023 Regular City Council Meeting. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) June 20, 2023 Regular City Council Meeting Minutes DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the June 20, 2023 Regular City Council MeetingPrepared by:Marsha Moore, MMC, City Clerk 17 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: June 20, 2023 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING JUNE 20, 2023 The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings CLOSED SESSION 6:30 PM I.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney II.CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Vice Mayor McCorriston and Councilmember Qaadri Unrepresented Employee: City Attorney REGULAR MEETING 7:00 PM A Regular Meeting of the Dublin City Council was held on Tuesday, June 20, 2023, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1)CALL TO ORDER AND PLEDGE OF ALLEGIANCE The City Council and Staff shared comments about former City of Dublin Councilmember, George Zika, who passed away on June 20, 2023. Mayor Hernandez called for a moment of silence in memory of Mr. Zika. Attendee Name Status Melissa Hernandez, Mayor Present Michael McCorriston, Vice Mayor Present Jean Josey, Councilmember Present Dr. Sherry Hu, Councilmember Present Kashef Qaadri, Councilmember Present 2)REPORT ON CLOSED SESSION Mayor Hernandez reported there was no reportable action out of Closed Session. Attachment 1 18 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING JUNE 20, 2023 3)ORAL COMMUNICATIONS 3.1)Presentation from David Stark, East Bay Association of Realtors The City Council received a presentation from David Stark, Chief Public Affairs and Communications Officer of Bay East Association of Realtors, who provided an overview of the Dublin and Tri-Valley residential market. 3.2)Employee Introductions New City of Dublin Staff member, Sonya Canto, Office Assistant II in the Community Development Department, was introduced. 3.3)Public Comment Andrea Renzulli provided public comment. Shawn Costello provided public comment. 4)CONSENT CALENDAR 4.1)Approved the June 6, 2023 Regular City Council Meeting Minutes. 4.2)Adopted Resolution No. 64-23 titled, “Authorizing the Continued Participation of the City of Dublin in the Alameda County Urban County for Community Development Block Grant Funds and Authorizing the Execution of the Cooperation Agreement Between the City and County of Alameda Regarding Participation in the Alameda County Urban County for Community Block Grant Funds.” 4.3)Adopted Resolution No. 65-23 titled, “Approving Amendment #2 to the Agreement with HF&H Consultants, LLC for Senate Bill 1383 and Solid Waste Franchise Support Services.” 4.5)Adopted Resolution No. 67-23 titled, “Adopting an Annual Update to the Master Fee Schedule for Services Provided by the City.” 4.6)The City Council received a listing of payments issued from May 1, 2023 - May 31, 2023, totaling $19,380,166.08. 4.8)Adopted Resolution No. 69-23 titled, “Delegating Authority to the City Manager to Approve the Plans and Specifications and to Award Construction Contracts for Annual Street Resurfacing Projects (2023 Slurry Seal and 2023 Overlay), CIP No. ST0117;” Resolution No. 70-23 titled, “Delegating Authority to the City Manager to Approve the Plans and Specifications and to Award a Construction Contract for the Alamo Creek Park and Assessment District Fence Replacement Project, CIP No. PK0122;” and, Resolution No. 71-23 titled, “Delegating Authority to the City Manager 19 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING JUNE 20, 2023 to Approve an Agreement Between the City of Dublin and All City Management Services, Inc.” 4.9)Adopted Resolution No. 72-23 titled, “Amending the Classification Plan;” Resolution No. 73-23 titled, “Establishing a Salary Plan for Full-Time Personnel in Accordance With the Personnel Rules;” Resolution No. 74-23 titled, “Establishing a Salary Plan for Management Positions Exempt from Competitive Service;” Resolution No. 75-23 titled, “Amending the Benefit Plan;” and, Resolution No. 76-23 titled, “Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions.” On a motion by Councilmember Josey, seconded by Councilmember Qaadri, and by unanimous vote, the City Council adopted the Consent Calendar items, except for items 4.4 and 4.7. RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Kashef Qaadri, Councilmember AYES:Hernandez, McCorriston, Josey, Hu, Qaadri 4.4) Adopted Resolution No. No. 66-23 titled, “Approving the Agreement with Wesco Graphics, Inc. for Commercial Printing Services.” This item was pulled from the consent calendar by Councilmember Qaadri for clarifying questions. 4.7) Adopted Resolution No. 68-23 titled, “Approving an Affordable Housing Assistance Agreement Between the City of Dublin and Corona/Ely Ranch, Inc., and approve the budget change.” This item was pulled from the consent calendar by Councilmember Qaadri for clarifying questions and public comment. Bruce Fiedler provided public comment. On a motion by Councilmember Qaadri and seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council adopted Consent Calendar items 4.4 and 4.7. RESULT:ADOPTED [UNANIMOUS] MOVED BY:Kashef Qaadri, Councilmember SECOND:Michael McCorriston, Vice Mayor AYES:Hernandez, McCorriston, Josey, Hu, Qaadri 5)WRITTEN COMMUNICATION –None. 20 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING JUNE 20, 2023 6)PUBLIC HEARING 6.1)Authorizing the Enforcement of the California Vehicle Code within the Wallis Ranch Subdivision and Approving an Agreement for Traffic Enforcement Services Councilmember Hu recused herself and left the dais due to co-owning property in the Wallis Ranch Subdivision. The City Council conducted a public hearing to consider a petition from the Wallis Ranch Homeowner’s Association for the provision of traffic enforcement services on privately owned roads and approve an agreement for Dublin Police Services to provide traffic enforcement within the Wallis Ranch subdivision. Mayor Hernandez opened the public hearing. Upon receiving no public comment, Mayor Hernandez closed the public hearing. On a motion by Councilmember Qaadri, seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council adopted Resolution No. 77-23 titled, “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.” RESULT:ADOPTED [UNANIMOUS] MOVED BY:Kashef Qaadri, Councilmember SECOND:Michael McCorriston, Vice Mayor AYES:Hernandez, McCorriston, Josey, Qaadri ABSENT:Hu Councilmember Hu returned to the dais. 7)UNFINISHED BUSINESS 7.1)East Ranch Community Facilities Districts Revised Proposal The City Council received a presentation, asked clarifying questions, and provided feedback on the Applicant’s revised proposal for the formation of Services and Facilities Community Facilities Districts to fund the maintenance of and the construction of certain public facilities. 21 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING JUNE 20, 2023 Mayor Hernandez opened the public comment period. Tom Evans provided public comment. Mayor Hernandez closed the public comment period. Mayor Hernandez called for a break at 9:13 PM. Mayor Hernandez reconvened the meeting at 9:23 PM. In response to a request from Mayor Hernandez, the applicant, TH East Ranch Dublin, LLC (Trumark Homes), offered the City an additional $500,000 to add to the in-lieu fee and use at its discretion, instead of the requested four additional moderate income BMR units. By a majority, the City Council directed Staff to move forward with the Facilities and Services Community Facilities Districts at a maximum tax rate of 1.58% of the estimated home price. 7.2)Sister City Program Update: Focus Group Framework Review The City Council received an update on the Sister City Program and the proposed program framework, a result of work completed by the Sister City Focus Group. The City Council asked clarifying questions and provided feedback on the proposed program framework and recruitment process for the inaugural association board. 8)NEW BUSINESS 8.1)Kaiser Commercial General Plan Amendment Study Initiation Request The City Council received a presentation regarding a request by O&I Development to initiate a General Plan Amendment Study to evaluate expanding the land use designation of the Kaiser Commercial site to include assisted living facilities. Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public comment period. On a motion by Vice Mayor McCorriston, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No. 78-23 titled, “Denying the Initiation of a General Plan Amendment Study to Evaluate Expanding the Medical Campus/Commercial Land Use Designation to Include Assisted Living Facilities Within Kaiser Commercial (APNs: 985-0027-025-00, 985-0027-026-00, 985-0027-027-00, AND 985-0027-028-00).” 22 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING JUNE 20, 2023 RESULT:ADOPTED [UNANIMOUS] MOVED BY:Michael McCorriston, Vice Mayor SECOND:Jean Josey, Councilmember AYES:Hernandez, McCorriston, Josey, Hu, Qaadri 8.2)Preview of the People of the Parks (P.O.P.) Program The City Council received a preview of a new program being developed by the Parks and Community Services Department. The People of the Parks (P.O.P.) is being launched to encourage residents, community organizations, and Dublin businesses to participate in park beautification and environmental stewardship. The P.O.P. program will launch in Summer 2023. 9)OTHER BUSINESS The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). By consensus, the City Council directed Staff to prepare a certificate to present to Inspiration Studio USA, performers at the Lantern Festival and Asian Heritage Festival. 10)ADJOURNMENT Mayor Hernandez adjourned the meeting at 11:18 PM. Mayor ATTEST: City Clerk 23 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.2 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Summary Vacation of an Emergency Vehicle Access Easement Located at5751 Arnold RoadPrepared by:Gabrielle Abdon, Associate Civil Engineer EXECUTIVE SUMMARY:The City Council will consider approving a summary vacation of a portion of an Emergency Vehicle Access Easement (E.V.A.E.) located at 5751 Arnold Road, which conflicts with the planned improvements for the site and will be replaced with a new E.V.A.E. that aligns with the reconfigured parking lot. STAFF RECOMMENDATION:Adopt the Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (Streets and Highways Code Chapter 4). FINANCIAL IMPACT:There is no impact to the General Fund. All costs associated with the preparation of this report and the processing of the summary vacation are borne by the developer of the assisted living and memory care.In accordance with Section 8336 of the Streets and Highways Code, no fee shall be charged for the recordation of the certified copy of the resolution of vacation. DESCRIPTION:On June 7, 2022, the City Council adopted Resolution No. 70-22, approving a Site Development Review Permit for the Dublin Senior Living Project at 5751 Arnold Road. The project proposes to construct a new two-story, 155,829-square-foot building with 114 assisted living units and 38 memory care units. The proposed building location conflicts with the existing Emergency Vehicle Access Easement (E.V.A.E.). As a project condition of approval, the owner will dedicate a new E.V.A.E. that aligns with the proposed parking lot configuration and provides a looped emergency vehicle access through the adjacent parcel. 24 Page 2 of 3 Pursuant to Streets and Highways Code Section 8333, the City Council may summarily vacate a public service easement, which includes emergency vehicle access easements, if the easement has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement. The E.V.A.E. is proposed to be relocated and there are no other public facilities located within the E.V.A.E., therefore the City Council may summarily vacate the easement.Further, pursuant to Streets and Highways Code Section 8335, the City Council may vacate a public service easement, which includes emergency vehicle access easement, by adopting a resolution of vacation stating the facts under which the summary vacation is made, and that from and after the date the resolution is recorded, the easement vacated no longer constitutes a public service easement. Following adoption of the resolution, pursuant to Streets and Highways Code Section 8336, the City Clerk will record a certified copy of the resolution of vacation in the office of the County Recorder. Upon such recordation, the vacation is complete. The attached resolution also authorizes the City Manager to quitclaim any interest in the easement should the title company require a quitclaim deed to clear the easement from the title of the property.General Plan Consistency The Streets and Highways Code Section 8313 requires that, if the proposed vacation of a street or public service easement is within an area for which a general plan is adopted, the City Council must consider the General Plan prior to vacating the easement. It further requires that Government Code Section 65402, which states that the Planning Commission shall report as to the conformity with the City’s General Plan, shall be followed if that section applies to the proposed vacation, however, this section is not applicable in this situation because the proposed vacation of the public service easement does not qualify as the disposition of real property. ENVIRONMENTAL REVIEW:This vacation is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, Existing Facilities. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. 25 Page 3 of 3 ATTACHMENTS:1) Resolution Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (Streets and Highways Code Chapter 4)2) Exhibits A and B to the Resolution – Legal Description and Plat Map 26 Attachment 1 Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 1 of 2 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUMMARILY VACATING AN EMERGENCY VEHICLE ACCESS EASEMENT LOCATED AT 5751 ARNOLD ROAD (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS,on June 7, 2022, the City Council of the City of Dublin adopted Resolution No. 70-22, approving a Site Development Review Permit, Planning Application No. PLPA-2021- 00042, at 5751 Arnold Road (APN: 986-0014-013-00), to construct a new two-story, 155,829- square-foot building, with 114 assisted living units and 38 memory care units; and WHEREAS,the proposed building location conflicts with an existing Emergency Vehicle Access Easement (E.V.A.E.); and WHEREAS,the owner is required as a project condition of approval, to dedicate a new E.V.A.E. that aligns with the proposed parking lot configuration and provides a looped emergency vehicle access through the adjacent parcel; and WHEREAS,Section 8333 of the California Streets and Highways Code authorizes the City Council to summarily vacate a public service easement that has been superseded by relocation or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, the California Streets and Highways Code Section 8313 requires that, if the proposed vacation of a street or public service easement is within an area for which a general plan is adopted, the City Council must consider the General Plan prior to vacating the easement; and WHEREAS, the California Streets and Highways Code Section 8313 further requires that Government Code Section 65402, which states that the Planning Commission shall report as to conformity with the General Plan, shall be followed if that section applies to the proposed; and WHEREAS, the California Streets and Highways Code Section 8313 is not applicable in this situation because the proposed vacation of the public service easement does not qualify as the disposition of real property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin finds that: 1. With the proposed E.V.A.E. relocation, the existing easement is no longer required. 2. The vacation of the E.V.A.E. is in conformance with the City’s General Plan pursuant to Streets and Highways Code Section 8313. 3. The proposed vacation of the E.V.A.E. is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title14 California Code of Regulations, CEQA Guidelines Section 15301, Existing Facilities. 27 Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 2 of 2 4. From and after the date the resolution is recorded, the E.V.A.E. as described in Exhibit A and shown in Exhibit B is vacated and shall no longer constitute a public service easement. BE IT FURTHER RESOLVED that based on the findings made and the above provisions of the Streets and Highways Code, the City Council hereby order the summary vacation of the E.V.A.E. located at 5751 Arnold Road, as shown on Exhibits A and B. BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized to take any and all further actions to effectuate the vacation and quitclaim of the easement, including the execution of a Quitclaim Deed, if necessary. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit a certified copy of this Resolution to be recorded in the office of the County Recorder of Alameda. PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 5395865.2 28 Attachment 2 29 30 31 32 33 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Authorizing City Manager to Purchase of Software Licenses and Related Computer Equipment with CDW Government, LLC in Excess of $45,000Prepared by: Steve Windsor, CISO EXECUTIVE SUMMARY:The City Council will consider authorizing the purchase of software licenses and related computer equipment from CDW Government, LLC. in excess of $45,000 through April 30, 2026, with the potential for two one-year extensions. STAFF RECOMMENDATION:Adopt the Resolution Authorizing the City Manager to Purchase Software Licenses and Related Computer Equipment from CDW Government, LLC in Excess of $45,000. FINANCIAL IMPACT:The funding to purchase computer-related services and supplies is included in the Information Technology Internal Service Fund (ISF) Budget approved by the City Council as part of the annual budget process. DESCRIPTION:Over the last several years, the City has engaged CDW Government, LLC for the purchase of software licenses and related computer equipment. The City annually renews software licensing for Microsoft Office 365, Adobe, Zoom, Sophos Anti-Virus, and other daily operational softwarethrough CDW Government, LLC. The City also purchases CISCO, Meraki, Dell, and other network infrastructure and related computer hardware from CDW Government, LLC. These products, as well as CDW Government, LLC’s short supply chain lead times and customer service have been well regarded by Staff.In preparation for the next round of software renewals and equipment updates, Staff is requesting the City Council’s approval to continue to use CDW Government, LLC for software licenses and 34 Page 2 of 2 related equipment, in excess of $45,000.Section 2.36.100.A.9 of the City's Purchasing Policy provides an exemption to a competitive bidding process when another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment.CDW Government, LLC offers software and hardware products to local government agencies based on an agreement with Omnia Partners, Public Sector (the parent company of National IPA (National Intergovernmental Purchasing Alliance). The Omnia Partners, Public Sector agreement was competitively bid and is a Master Contract that can be utilized by local government agencies.The original Omnia Partners, Public Sector Contract #23-6692-02 is included as Attachment 2. The current agreement term ends on April 30, 2026, and provides for two additional one-year periods through April 30, 2028. Approval of the Resolution (Attachment 1) will authorize the City Manager or designee to approve purchases from CDW Government, LLC in excess of $45,000 until the agreement expiration. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Authorizing the City Manager to Purchase Software Licenses and Related Computer Equipment from CDW Government LLC, in Excess of $45,0002) Exhibit A to the Resolution - Omnia Partners, Public Sector Master Agreement 35 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. xx - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO PURCHASE SOFTWARE LICENSES AND RELATED COMPUTER EQUIPMENT FROM CDW GOVERNMENT, LLC IN EXCESS OF $45,000 WHEREAS, the City annually renews software licenses and routinely replaces computers and related networking equipment that have reached the end of their useful lives; and WHEREAS, Staff desires to purchase software licenses and related computer equipment from CDW Government, LLC (CDW-G) for an amount that will likely exceed $45,000 in each fiscal year, thus requiring City Council approval; and WHEREAS,Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, CDW-G has a valid pricing agreement publicly bid by Omnia Partners, Public Sector attached hereto as Exhibit A, that meets Municipal Code provision for a publicly bid agreement; and WHEREAS, the pricing agreement is currently valid through April 30, 2026 and allows for two one-year extensions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to purchase software licenses and related computer equipment from CDW Government, LLC., with a cost greater than or equal to $45,000, under a purchasing agreement publicly bid by Omnia Partners, Public Sector, through the term of the contract. BE IT FURTHER RESOLVED that the City Manager is authorized to continue to make purchases through CDW-G for two additional one-year periods so long as CDW-G’s agreement with Omnia Partners, Public Sector is renewed for those periods. {Signatures on the following page} 36 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of August, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: ____________________________________ City Clerk 37 Cobb County Contract # 23-6692-02 for Technology Product Solutions and Related Services with CDW Government Effective: May 1, 2023 Attachment 2 Exhibit A to the Resolution 38 The following documents comprise the executed contract between the Cobb County, and CDW Government effective May 1, 2023: I.Executed Master Agreement II.Supplier’s Response to the RFP, incorporated by reference 39 40 41 Cobb County Purchasing, Technology Product Solutions and Related Services 2 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Table of Contents Cover Letter [RFP 5.1] ................................................................................................... 5 Executive Summary [RFP 5.2] ...................................................................................... 7 Project Team ......................................................................................................... 10 Company Background/Profile [RFP 5.3] ................................................................... 15 CDW•G Offering .................................................................................................... 17 Virtualization ................................................................................................... 17 Physical Security ............................................................................................ 18 Communications ............................................................................................. 18 Cloud 20 Infrastructure .................................................................................................. 21 Data Management .......................................................................................... 28 Visual Communications .................................................................................. 29 UCC (Unified Communications and Collaboration) ......................................... 31 Broadcast Studio ............................................................................................ 34 Law Enforcement ............................................................................................ 37 Mobility ........................................................................................................... 44 Asset Management ......................................................................................... 48 Data Protection ............................................................................................... 50 Energy and Water Conservation ..................................................................... 51 Financial Services ........................................................................................... 52 Success Story: IT as a Service ....................................................................... 53 Other Services and Solutions ......................................................................... 53 Experience [RFP 5.4] ................................................................................................... 57 Product Information/Service Capability [RFP 5.5] .................................................... 59 Two State-of-the-Art Configuration Centers .................................................... 60 Configuration Services Overview .................................................................... 61 Configuration Services Project Management .................................................. 62 Quality Assurance........................................................................................... 62 Managed Services - Service Levels................................................................ 63 42 Cobb County Purchasing, Technology Product Solutions and Related Services 3 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Pricing [RFP 5.6].......................................................................................................... 66 Financial Statements [RFP 5.7] .................................................................................. 77 National Contract [RFP 5.8] ........................................................................................ 79 Supplier Response [RFP 3.0] ..................................................................................... 79 Company [RFP 3.1] ............................................................................................... 79 Distribution, Logistics [RFP 3.2] ............................................................................ 90 Marketing and Sales [RFP 3.3] ............................................................................. 94 Appendix A: Sample SOW ........................................................................................ 112 Appendix B: Required Forms ................................................................................... 116 Appendix C: Addendums ......................................................................................... 187 Appendix D: Exceptions ........................................................................................... 191 Table of Figures Figure 1: CDW•G Business Diversity Program ............................................................................ 8 Figure 2: CDW•G Cobb County/OMNIA Organization Chart ..................................................... 10 Figure 3: CDW•G Full Stack Depiction ...................................................................................... 20 Figure 4. Private Cloud & Public Cloud Process ........................................................................ 23 Figure 5: Traditional Automation ............................................................................................... 24 Figure 6: Infrastructure as Code ................................................................................................ 24 Figure 7: Virtualized Resource Pipeline .................................................................................... 25 Figure 8: Virtual Patform & Cloud .............................................................................................. 26 Figure 9. Our Current OMNIA Contracts ................................................................................... 27 Figure 10: CDW•G Video Wall Design for Public Safety ............................................................ 30 Figure 11: CDW•G Public Safety Service Timeline .................................................................... 40 Figure 12: CDW•G Public Safety Offerings ............................................................................... 41 Figure 13: CDW•G Spatial Engineering Sample ........................................................................ 42 Figure 14: Elements of Successful Asset Management ............................................................. 48 Figure 15: ISO 1400 Certification .............................................................................................. 51 Figure 16: CDW•G’s beGreen Initiative ..................................................................................... 52 Figure 17: Full Stack Lifecycle .................................................................................................. 59 Figure 18: CDW•G beGreen Initiative ........................................................................................ 82 Figure 19: Distribution of 2021 Net Sales .................................................................................. 87 43 Cobb County Purchasing, Technology Product Solutions and Related Services 4 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Figure 20: Contract Launch Progression ................................................................................... 94 Figure 21: Program Management Growth Methodology ............................................................ 95 Figure 22: State Tech Sample ................................................................................................... 97 Figure 23: CDW•G Custom Flyers ............................................................................................ 98 Figure 24: OMNIA Partners and CDW•G ................................................................................ 104 Figure 25: CDW•G’s Escalation Process ................................................................................. 107 List of Tables Table 1: Managed Collaboration Anywhere Services ................................................................ 32 Table 2: Video and AV Partners ................................................................................................ 36 Table 3: Service Levels ............................................................................................................. 64 Table 4: CDW•G Office Locations ............................................................................................. 81 Table 5: Annual Revenue .......................................................................................................... 81 Table 6: Minority Certifications .................................................................................................. 85 Table 7: CDW•G Top 10 Public Agency Customers ................................................................ 109 44 Cobb County Purchasing, Technology Product Solutions and Related Services 5 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Cover Letter [RFP 5.1] The proposer shall provide a cover letter describing a brief history of the Proposer and its organization. The letter will list the Principal or Officer of the organization who will be the County’s primary point of contact during clarifications or negotiations. This individual must have the authority to clarify and/or negotiate all aspects on the scope of products and services on behalf of the Proposer. An officer authorized to bind the Proposer to the terms and conditions of this RFP must sign the cover letter. See following page for our signed cover letter. 45 10/13/2022, at 12 pm EST Cobb County Purchasing 122 Waddell Street NE Marietta, Georgia, 30060 RE: CDW Government LLC’s Response to Cobb County Purchasing’s Technology Product Solutions and Related Services Dear Evaluation Committee, CDW Government (CDW•G) understands the objective of this RFP is for Cobb County and OMNIA Partners to enter a contract with a provider that can provide an extensive catalog of Technology Product Solutions and Related Services. CDW•G was founded in 1998 and CDW was founded in 1984. Proposed here is CDW•G’s complete catalog of IT products and services partners. These offerings feature three key differentiators that showcase why we are the best choice for Cobb County and OMNIA Partners: CDW•G has extensive experience with multiple OMNIA Partners members. We have multiple ongoing OMNIA contracts including Total Cloud Solutions - Region 4 ESC and OMNIA Information Technology Solutions, Products, and Services - City of Mesa, Arizona. CDW•G is uniquely positioned to successfully meet the needs of Cobb County and OMNIA Partners. We are a national organization with a local focus. CDW•G’s national network of account managers has nurtured long-standing local relationships with Cobb County and OMNIA Partners Participating Entities across the county. This locally-focused customer strategy lines up with OMNIA's dedication to creating sustainable infrastructure at a local level to assist agencies with solving their mission critical challenges most effectively. IT solutions are dynamic, as is CDW•G. Our skilled consulting resources successfully architect and implement quality IT solutions that fit the needs of our customers. Throughout this proposal, customer success stories are highlighted to demonstrate CDW•G’s proven proficiency in tailor-made IT solutions. Additionally, our expertise is evidenced by our relationship with Cobb County and OMNIA Partners, and through our partnerships with leading industry manufacturers. Should you have any questions regarding our response, please contact Eric Moore, Proposal Specialist, State and Local Government, at (765) 749-9981 or via email at eric.moore@cdwg.com. Joshua Greene, Senior Manager, Contract Negotiation will be the primary point of contract during negotiation. He has authority to clarify and/or negotiate all aspects on the scope of products and services on behalf of CDW•G. He can be reached at 317-569-4211 or at joshgree@cdw.com. CDW•G looks forward to continued collaboration with both Cobb County and OMNIA Partners on the Technology Product Solutions and Related Services contract. Sincerely, David Hutchins, VP Strategic Programs CDW Government LLC One CDW Way 230 N. Milwaukee Avenue Vernon Hills, IL 60061 P: 847.371.5800 F: 847.465.6800 Toll-free: 800.808.4239 cdwg.com/PeopleWhoGetIT 46 Cobb County Purchasing, Technology Product Solutions and Related Services 7 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Executive Summary [RFP 5.2] The Proposer shall provide an Executive Summary that presents in brief, concise terms a summary level description of the contents of the proposal. Aligned with OMNIA Partners, Cobb County seeks to establish an IT sourcing vehicle to facilitate the full range of solutions required to meet the varied needs of eligible Public Sector entities. At CDW•G, we realize the quick-paced, ever-evolving nature of technology creates complexity for State, Local, and Education entities, as well as the contract structure required to support these solutions. Our Public Sector and technology expertise, history of success with OMNIA partners, and commitment to our customers combine to create a dynamic and relevant offering. We are uniquely positioned to deliver a comprehensive contracting solution - one that simplifies buying and removes the complexity of developing and implementing IT solutions. An Established Partnership: OMNIA Partners & CDW•G For well over a decade, we’ve had the privilege of collaborating with OMNIA Partners to better aid our mutual public sector customers. Throughout this time, we’ve served over 8,000 customers across all 50 States within State, Local, and Education segments – demonstrating consistent increases in utilization and user expansion year after year. In fact, CDW•G is one of the largest technology solutions providers within the OMNIA Partners Contract Portfolio. With this established foundation, we can equip Cobb County to achieve accelerated awareness and adoption for any resulting agreement. Public Sector Expertise with National Reach We realize a true solutions provider must go beyond fulfilment. Impactful IT solutions require a vendor who understands their customers’ needs and experiences. Leading with our Customer- Centric philosophy, we’ve structured our organization to align with the segments we serve. Sales Organization. Our account management teams specialize by geographic region and customer vertical (K-12, Hi Ed, State & Local) – facilitating an increased understanding and awareness of local markets, trends, current events, and ultimately their customers. Additionally, we deploy an in-market, field sales force to further grow customer intimacy through local engagement. This coverage model enables immediate customer reach and awareness for any resulting agreements, fostering a seamless contract launch and adoption. Solution Specialists. Technology no longer simply supports operations. Rather, it offers paths to innovation and efficiency. However, to leverage this potential, members require experienced advisors and subject matter experts. In essence, members need a vendor who can help them navigate their options and select the solution that can bring their mission to life. With our customers’ missions in mind, we’ve strategically invested to integrate these vertical-specific solutions specialists into our organization. Education. CDW•G is now among the largest education technology solutions providers as a trusted IT partner to more than 15,000 K-12 schools, as well as approximately 3,000 colleges and universities. We employ Environment Advisors (LEAs) advising on the top issues in the changing 21st century classroom environment, as well as a team of K–12 Education Strategists comprising former educators, principals, teachers of the year, chief technology officers and instructional technologists. Public Safety. Over 16 years ago, CDW•G created a practice dedicated to solutions, services, and capabilities for public safety and first responder agencies and constituents, with far- 47 Cobb County Purchasing, Technology Product Solutions and Related Services 8 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). reaching implications for personnel and the public alike. CDW•G’s Public Safety Practice knowledge is anchored in hundreds of engagements across the US and has helped create unsurpassed technology know-how across the board, encompassing problem-solving skills, relationships with the industry’s strongest partners and experience in best-practice solutions. Driving Local Impact: Commitment to the Community For more than 30 years, our company and its coworkers have contributed millions of dollars and thousands of volunteer hours to improve the communities where we live and work. We recognize the critical role that corporations can play in all aspects of the local community they serve. While many corporations and companies claim community involvement to be an objective (usually one to gain recognition), social responsibility is embedded into our culture and integral to our day-to-day activities. Diversity, Equity, & Inclusion. At CDW•G, we embed diversity and inclusion into the fiber of everything that we do. We ensure that all stakeholders have the resources required to perform at their highest level. To us, our efforts toward equity extend well beyond our employees and our organization; it is a social must. Business Diversity Partners. CDW•G, not being a diverse prime, has the privilege, opportunity, and responsibility to partner with diverse business partners and bring them with us to every opportunity. Through our robust partner network, we can seamlessly integrate partners with the necessary capabilities into our business model with OMNIA Partners. This offers Partners access to all of the resources that we can offer while striving toward an equitable and inclusive society. Figure 1: CDW•G Business Diversity Program Sustainability. CDW•G has respect for the environment and there are many ways in which we act upon this value. These include seeking and receiving ISO 9001, 14001 and 28000 certifications for our distribution centers, which assures that operational aspects adhere to stringent quality standards and using the highest proportion of recycled materials allowed in our shipping containers. In our offices, we recycle paper and bottles, compost food waste and collect rainwater. Finally, our company and customers participate in the ReLeaf Program, which 48 Cobb County Purchasing, Technology Product Solutions and Related Services 9 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). tracks paper usage and then enables tree planting. As a shared value, Cobb County and OMNIA Partners members can be confident in our commitment to sustainability. Conclusion We are excited at the prospect of our proposal to provide Cobb County and OMNIA Partners a comprehensive procurement solution. Through CDW•G’s relentless focus, we can shepherd members through their IT journey while providing an unparalleled and authentic commitment to achieving their IT objectives now and into the future. Summary of Contents of Proposal Within this proposal, we have included all the required forms and responded to all questions. We have provided an Executive Summary here giving a high level overview of why CDW•G is well positioned for this response. Additionally, we have provided examples of our robust catalog in the following 13 categories: Virtualization Physical Security Communication Cloud Infrastructure Data Management Visual Communications UCC (Unified Communications and Collaboration) Broadcast Studio Law Enforcement Mobility Asset Management Data Protection Energy and Water Conservation Financial Services Success Story: IT as a Service Other Services and Solutions We have thoroughly outlined our experience as well as our service capability on a national contract such as this. Included within our pricing section are the various catalog pricing and vast amount of services our company can offer Cobb County and OMNIA Partners. We have shown our financial capability and strength through our Financial Liquidity Ratios as well as explanation of our financially stability. We have provided a thorough response to the National Contract Attachment A section, including our Supplier Response to Company, Distribution and Logistics, and Marketing and Sales Section. We have included a Sample SoW that would be custome built for any service engagements under this contract as well as all Affirmative Action Evidence and signed Addendums. We respectively have included our Proposed Exceptions to this contract we wish to negotiate with Cobb County and OMNIA Partners. 49 Cobb County Purchasing, Technology Product Solutions and Related Services 10 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Project Team Respondents shall provide an organizational chart for the proposed project team, as well as the relevant background and experience for every proposed team member. Below is an organization chart for Cobb County’s dedicated team. Figure 2: CDW•G Cobb County/OMNIA Organization Chart Sales Ben Bourbon Ben Bourbon is vice president of Federal sales for CDW Government (CDW-G), a wholly owned subsidiary of CDW and a leading provider of technology solutions to government, education and healthcare. Bourbon is responsible for the short- and long-term performance goals, strategic direction, business initiatives and talent development of the team serving Federal customers. For the past 20 years, Bourbon has played an increasingly prominent and valuable role at CDW. He joined the company as an account manager in 1998 and quickly moved through the ranks. Since 2002, Bourbon has held several sales and field management positions within CDW-G and was promoted to director of Department of Defense sales in 2005, to vice president in 2012 and to his current position in 2017. Bourbon earned a bachelor’s degree in marketing from North Park University in Chicago and a master’s degree in business administration from the University of Wisconsin-Madison. 50 Cobb County Purchasing, Technology Product Solutions and Related Services 11 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Don McCarthy Don McCarthy is a business professional with extensive sales and marketing leadership experience in the B2B technology industry. Proven success in balancing operational efficiencies and business growth He has more than 20 years' progressive and stable experience with world-class, organization. Take pride in the ability to effectively combine corporate objectives and values with personal and professional goals and work ethics. Build and foster strategic business relationships with internal and external clients, maintaining customer satisfaction at all levels. Effective builder and manager of high performing teams. Specialties include sales pipeline management, sales planning, territory management, lead generation, customer acquisition, sales enablement, marketing strategy & planning, project management, partner management, P&L management, campaign management and data analysis, increasing ROI, email analysis. AJ Lucci AJ Lucci is the State & Local Regional Manager for CDW Government for customers the Florida, Georgia, Tennessee & Alabama. Lucci is responsible for the region’s Partner relationships, strategic direction, team development and overall performance. For more that 20 years Lucci has contributed in various roles in the Federal and State & Local as an Account Manager, Advanced Technology Account Executive, and his current Management role. Lucci earned a Master of Business Administration (MBA) from Marquette University and a Bachelor of Science degree in Accounting, Business Administration from Carthage College. Rob Sullivan Robert Sullivan is the State and Local Executive Account Manager for CDW Government in the State of Georgia. For the last 12 years, Sullivan has been supporting State, County and City Agency’s in Georgia. Sullivan is your dedicated account manager who is a single point of contact for all IT. During this time, he has effectively met the needs of his customers. From unified communications and data center optimization, to notebooks, software, services and more. Prior to coming CDW, Sullivan worked for the Village of New Lenox for 6 year as a Supervisor. Sullivan can relate to government budget and procurement policies from his time as government employee Sullivan attended the University of Illinois Urbana-Champaign. Dan Gallagher Dan Gallagher is the Advanced Technology Account Executive for CDW Government covering state and local customers in the State of Georgia. Gallagher has worked with Georgia Government in various roles at CDW-G for over 18 years. In the ATAE role, Gallagher is responsible for bringing CDW-G’s cybersecurity, cloud transformation, datacenter, and professional services practices to the government agencies throughout the state of Georgia. Gallagher works closely with technical, administrative, and contracting agencies in the State to facilitate strategic, transformational discussions in the interest of helping IT departments stay up to date on trends in the industry. 51 Cobb County Purchasing, Technology Product Solutions and Related Services 12 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Gallagher earned a Bachelor of Scient in Marketing from Northern Illinois University. Keshun Morgan Keshun Morgan is the State & Local Field Sales Manager for CDW Government for customers across the Southeast from Texas to Florida. With CDW•G for nearly 20 years, Morgan has held a variety of roles for DoD Network Solutions Architect, to his current role. Morgan has a unique aptitude for understanding the immediate needs of a customer and determining which solution set would be suit their current needs and long term goals. Morgan works closely with the rest of the account team, and Advanced Technology Account Executives to provide our customers a wealth of knowledge regarding the breadth of CDW•G’s service portfolio. Morgan is based in Atlanta, GA. Morgan earned a degree in Health Planning and Administration from the University of Illinois at Urbana-Champaign. Program Management Anup Sreedharan Anup Sreedharan is an experienced leader with US Public & Commercial Sector- Federal, State & Local, K-12, Hi-Ed, E-rate & Commercial segments. He is skilled in Program & Contract management, Strategy, Regulatory Compliance, Negotiations, Proposals, Capture & Pricing. Sreedharan is a Certified Contract Management Expert (CCME), CF APMP, Six Sigma Green Belt, Change Management certified, Professional in Human Resources (PHR) and is responsible for management, innovation and success of 37 coworkers, managing 1000+ contracts across Public Sector with billions ($) annual revenue under management. He is responsible for contract management & growth, M&A, dispute resolution, audits, relationship management, monitor regulatory impacts, performance management, pricing, commercial strategy, onboard new offerings into contract work stream, competency development, and all things contracts. Sreedharan earned a Master of Business Administration (MBA) from the University of New Mexico and a Bachelor of Engineering, BE Computer Engineering from the University of Mumbai. Heather Kohls Heather Kohls is a senior executive with expertise in Public Sector Contracting, Civilian Agency Programs, Process Improvement and Sales Operations. She has proven success with program management including cradle to grave oversight on contracts, team program managers, and customer success support personnel. She currently manages the State and Local Program Management Team for CDW Government consisting of a staff of over a dozen CoWorkers. Kohls earned her degrees in Business Marketing and Communications from North Central College, is a Certified CSM via the Scrum Alliance, and holds her AWS Cloud Practitioner Certification. 52 Cobb County Purchasing, Technology Product Solutions and Related Services 13 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Francie Gribble Francie Gribble is a Program Manager for CDW Government’s State and Local Government contracts. Francie has over 20 years of government and commercial contract management experience. Francie’s extensive formal training began at the Yongsan Army Installation in Seoul, South Korea for the 411th Contracting Support Brigade and continued under the Army's Internship Program at Fort Eustis, Virginia where she completed the program as a Contract Specialist with the equivalent of over 80 credit hours in Department of Defense acquisition management and leadership courses. She managed cradle-to-grave contract processes for IT hardware and software, construction, services, and supply acquisitions. Francie served as Contract Administrator for Oak Ridge Associated Universities in Oak Ridge, Tennessee, and later as Contracts Manager for RELYANT Global, LLC, where she negotiated and managed all contracts and subcontracts within the continental US. Gribble earned a Master of Business Administration (MBA) degree from Murray State University. She also has a Master’s Certificate in Contract Management from George Washington University. She is a Certified Professional Contract Manager. Segmentation of Teams CDW•G customer teams are built from the ground up with clearly defined roles, responsibilities and escalation paths – all sharing a common goal of exceptional customer service and satisfaction. Dedicated account teams serve their customers with exemplary service and customer satisfaction across State agencies, local governments and municipalities; public and private school districts / K-12; and institutions of higher education. We have account teams across SLED entities in the US. This segmentation allows a singular focus for each team and delivers a customized measure of support specific to each customer. Our teams are responsible for quotes, orders, pre- and post-sales consultation, and issue resolution over the life of the contract. Each segment is further broken down by region and supported by local offices across the country. This regional, state, and local focus gives dedicated CDW•G Account Managers the opportunity to: Form meaningful long-term relationships with customers; Intimately understand their requirements, budgets and user community; and, Proactively provide an exceptional customer experience. State and Local Government CDW•G’s state and local government business unit is 233 coworkers strong serving the 50 states from the largest state agencies to the smallest rural community. Each state has a dedicated team assigned to ensure that each agency feels heard with personalized customer service. For example, the State of Georgia team is comprised of 7 inside Account Managers, 1 Advanced Technology Account Executive, and 2 Sales Managers. K-12 (Public and Private School Districts) CDW•G is one of the largest K-12 technology solutions providers and is a trusted IT partner to more than 15,000 K-12 schools. Our education strategists and learning environment advisors are former educators, principals, professors, chief technology officers and instructional technologists focused on addressing the unique needs and requirements and partnership with the world’s leading IT innovators. Our K-12 team includes 53 Cobb County Purchasing, Technology Product Solutions and Related Services 14 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). regional managers, field account executives, solution architects, education strategists and dedicated account managers. Higher Education CDW•G has approximately 225 coworkers across the U.S. dedicated to the higher education industry that understand the needs, challenges, and market best practices. We have 50+ student interns across college and university campuses that we train and develop for post-graduate career paths to thrive in the workplace. Our team has business relationships with approximately 3,000 colleges and universities, which allow us to understand challenges and map those to success. This combined experience allows us to provide colleges and universities across Georgia with custom higher education solutions along with managed services and full lifecycle support. One clear advantage of the CDW•G approach is the opportunity for each account manager to be an expert within their sector, enabling them respond to the very specific needs of their customers which is especially impactful in these uncertain times. State and local account managers follow developing legislation and understand local procurement requirements and their ultimate impact on the ability to deliver robust solutions. Account managers in education understand the unique impact of the Family Educational Rights and Privacy Act (FERPA) and other privacy laws on technology solutions and services. Our healthcare account managers understand and incorporate the guidance of the Health Insurance Portability and Accountability Act (HIPAA) working with customers to define and implement robust IT solutions. With roughly 1,500 CDW•G coworkers, supported by more than 7,500 coworkers throughout CDW, our segment and regional focus help ensure that our account teams are best prepared to support the local landscape in a way unmatched by other vendors. 54 Cobb County Purchasing, Technology Product Solutions and Related Services 15 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Company Background/Profile [RFP 5.3] Provide information on company background to include the following: a.Legal name, address, phone and fax numbers, e-mail, Federal ID#, and website address. Legal Name: CDW Government LLC Address: 230 N. Milwaukee Ave, Vernon Hills IL 60061 Phone: 847-371-5800 Fax: 847-465-6800 Email: eric.moore@cdwg.com Federal ID#: 36-4230110 Website Address: www.CDWG.com/PeopleWhoGetIT b.Date business was established under current name. 1998 CDW•G | 1984 CDW LLC. c.Size of company including the total number of employees. CDW had nearly $21B in annual net sales with a Fortune rank of 166. With 14,600 coworkers across the organization, we have offices throughout the United States, Canada, and the UK ensuring our reach is global. We can serve customers in nearly ever corner of the globe. We have 28 U.S Sales offices. d. Type of ownership or legal structure of business Limited Liability Company; CDW•G is a wholly owned subsidiary of CDW LLC, which is a wholly owned subsidiary of CDW Corporation, a S Corp. e.Has the company ever failed to complete work for which a contract was issued? If yes, explain the circumstances. CDW•G has not failed to complete work for which a contract was issued. f.Are there any civil or criminal actions pending against the firm or any key personnel related in any way tocontracting? If yes, explain in detail. Are there any current unresolved disputes/allegations? To the best of our knowledge, there are no civil or criminal actions pending against CDW•G or any key personnel listed in this offer. There are no known unresolved disputes or allegations. g.Has the firm ever been disqualified from working for any public entity? If yes, explain the circumstances. CDW•G has not been disqualified from working for any public entity. 55 Cobb County Purchasing, Technology Product Solutions and Related Services 16 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). h. If a Supplier requires additional agreements to be signed by a Participating Public Agency, include a copyof the proposed agreement(s) as part of Supplier’s proposal. There may be instances where additional agreements would need to be signed by a Participating Public Agency. Services requiring a specific Statement of Work (SoW) must be mutually executed between the customer and CDW•G before work begins. We have provided a sample SoW in Appendix A. OMNIA and its members/participating entities acknowledge that CDW•G is not the provider of the Cloud Services and in purchasing the Cloud Services, Cobb County, OMNIA, and its members/participating entities rely only on the Cloud Service Provider’s service descriptions and the terms and conditions set forth in the Cloud Provider’s Services Terms and Conditions. Accordingly, Cobb County and OMNIA Partners shall consider the Cloud Service Provider to be the party responsible for providing the Cloud Services and Cobb County, OMNIA Partners, and its members/participating entities, may be required to execute additional agreements, prior to provisioning/purchase of certain cloud offering. 56 Cobb County Purchasing, Technology Product Solutions and Related Services 17 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G Offering CDW•G understands that Cobb County and Omnia Partners are interested in a number of services as detailed in the following sections CDW•G has extensive experience with designing and implementing the services outlined in your requirements. We understand that these services are critical to Cobb County in order to address your Technology Product Solutions and Related Services requirements. In the following sections, you will find examples of what CDW•G can offer to Cobb County. As we maintain both a broad and deep portfolio of solutions and services, these examples show only a sample of what we can provide. We would be pleased to discuss with Cobb County the full range of services available for categories listed below. Virtualization Transform data center with virtualization to consolidate servers, reduce energy consumption, increase IT capacity, add system flexibility and prepare for cloud computing. Virtualization and CDW•G Virtualization solutions can deliver tremendous cost savings to Cobb County and OMNIA Partners. By virtualizing their server workload, your customers can significantly reduce capital expenditures for hardware, minimize their hardware footprint and save on energy expenses. Plus, virtualization will lower the time and money they put into the ongoing maintenance of their server infrastructure. Some customers may be concerned about system performance in a virtualized environment. However, a CDW-designed solution takes into account processing, memory, storage and networking to ensure your clients’ virtualized systems work as well as — or even better than — physical ones. Benefits of virtualization include: Reduced capital and operating costs Centralized management Quickened disaster recovery Minimized downtime Increased hardware utilization and efficiency CDW’s dedicated virtualization team performs over 600 assessments a year. Our team is highly trained in Cisco, EMC, Microsoft and VMware solutions and can help customers design a solution that meets their specific objectives. We work with customers to assess their unique needs and then help them plan, design, implement and even manage a custom solution. We can also manage virtualization licensing to help your client remain compliant. Our offerings include: Server virtualization software: o CDW works with the best server virtualization software vendors in the industry, and can vet options to meet your customer’s specific goals. Storage virtualization software: o By extending virtualization to storage resources, your customer can transform their data center from deeply siloed operations to highly automated resources. 57 Cobb County Purchasing, Technology Product Solutions and Related Services 18 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Network virtualization software: o This software allows your customer to manage their infrastructure. Assessments: o CDW can analyze your customer’s unique environment and make recommendations for a virtualization solution that meets their specific goals. Professional and support services: o We help assess, implement and manage virtualization solutions to ensure your customers get the most return on their infrastructure investment. Physical Security Security solutions seaports, airports, water and wastewater, transportation, critical infrastructure, perimeter defense, physical and logical access control, identity management, antiterrorism protection, automated alarms and alerts, integration with databases containing critical security information, cyber security and asset management, endpoint security and other network security and IT security. We Get Video Surveillance and Physical Security Physical security solutions protect people, property and premises. Today’s modern video surveillance systems enable your organization to do more than deter or catch the bad guy. Video surveillance can now help you keep an eye on operational processes and generate data insights about your business. Video surveillance is the foundation of modern physical security systems. Integrated with access control, environmental sensors and analytics, you can better defend against threats to people and property and respond more quickly to incidents that do occur. Enhanced video surveillance (EVS) and other physical security systems can deliver valuable capabilities beyond just security. CDW can help you find the security solution that mitigates risk and aids business objectives. CDW•G can provide the following: Video Surveillance Upgrade your video surveillance system to a modern solution enhanced with analytics that detect incidents in real-time and generate searchable metadata from recorded video. Access Control Modernize your building security with IP-enabled door controllers, readers and credentials – all integrated with your video surveillance for complete situational awareness. Environmental Security Deploy IP-based sensors that extend physical security monitoring to detect chemicals, atmospheric conditions, audio, vibrations, thermal signatures and more. Amplified Services Deploy new cameras and sensors, configure video management systems, and integrate it all with access control, data analytics, mass notification and other systems. Communications 58 Cobb County Purchasing, Technology Product Solutions and Related Services 19 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Communication solutions to converge voice, data and video communications onto a single, secure IP-based network. In 1998, CDW•G realized the potential of unified communications through Voice over IP (VoIP) services and IP telephony solutions. We understood that the convergence of voice, video, and data on a single multi-service network meant reduced communications costs and higher productivity. Today we run our business offices and Enterprise Command Center (ECC) on Cisco’s integrated Unified Communications architecture. We draw upon this first-hand, mission- critical operational experience when designing and installing our customers’ converged network solutions. CDW•G has designed and installed over one million VoIP and Cisco VoIP core network solutions for our customers across our segments, many of which with at least 1,000 phones and end-users. CDW•G has developed expertise in every aspect of Cisco’s Collaboration business, including planning, network design, implementation, network management, and post-sales support. Our commitment to Collaboration solutions has enabled us to become the first Cisco partner worldwide to earn a Master Specialization in this field. CDW•G earned the Cisco Master Collaboration Partner Specialization in December 2008. We are also the first in Cisco’s U.S. Central Area to obtain an Advanced Specialization in this technology as well. Cisco’s Master Specializations are reserved for those partners with the highest levels of technical expertise and a proven track record of selling, deploying, and supporting Cisco solutions. We have completed over 5,000 Cisco Collaboration projects to date involving 250,000+ phones. Supported by certified pre-sales specialists and services delivery teams, the Cobb County and OMNIA Partner’s dedicated CDW•G account team will guide Cobb County and OMNIA Partners through the complex process of evaluating, selecting, and deploying a Unified Communications (UC) solution. Our Master Collaboration Partner Specialization uniquely qualifies us to deliver Cisco Collaboration assessment, planning, design, implementation, and managed services in each of the following UC solution areas: •Telephony & VoIP •Conferencing & Collaboration •Messaging & Presence •Contact Center CDW•G has deep expertise in providing high-quality Cisco Unified Contact Center (UCC) solutions. We are a Cisco Advanced Technology Partner for UCC Enterprise and one of the few Cisco Partners that can sell and service the entire Cisco Contact Center portfolio. Products span the spectrum from pure IP solutions such as the Unified Contact Center Express to IP and TDM integrations with the Intelligent Contact Manager (ICM), which provide the advantages of a virtual agent pool while leveraging existing investments. Most importantly, our Contact Center analysts know the business of contact centers as well as the technology. Cobb County and OMNIA Partners can benefit from our team of highly trained engineers who specialize in implementing Cisco Contact Center solutions. About half focus on Unified Contact Center Enterprise (UCCE), and the remainder focus on Unified Contact Center Express (UCCX). Our team has a great deal of experience implementing screen pops, developing self- service applications, implementing outbound dialing campaigns, implementing Quality 59 Cobb County Purchasing, Technology Product Solutions and Related Services 20 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Management and Workforce Management solutions, and developing custom reports. CDW•G has implemented over 500 Cisco contact centers with over 10,000 agents. Cloud Cloud solutions for scalable computing and storage capacity and rapid self-provisioning computing capabilities. This may include, but is not limited to, Cloud Infrastructure as a Service (IaaS), Cloud Software as a Service (SaaS) and Cloud Platform as a Service (PaaS). As the move to cloud computing continues to accelerate, so does the need for cloud expertise. Identifying the best options, maximizing potential cost savings, migrating workloads, modernizing applications, and managing it all securely and effectively can challenge every organization and even the most seasoned IT professionals. At CDW, we offer the expertise and experience you need to design, orchestrate and manage a hybrid environment that’s ideally suited to your unique needs — one that’s productive, agile and secure, with governance in place to provide oversight to ensure you don’t overspend. The CDW•G Approach Optimizing and expanding your cloud portfolio, including taking advantage of the benefits of multicloud, requires a partner with technology acumen and access. At CDW, we have the scale, experience, and integration with a variety of cloud partners to offer solutions and services that work best, both in the cloud and on-premises. And, as a full-stack partner, we listen, advise, design, implement and manage holistic, hybrid solutions that propel your organization forward. Our full-stack engineering services team focuses on digital transformation — from code and applications to cloud, data and security — to help you accelerate innovation. Figure 3: CDW•G Full Stack Depiction 60 Cobb County Purchasing, Technology Product Solutions and Related Services 21 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Whether you’re looking to build a secure hybrid environment, migrate more workloads to the cloud or optimize your costs, we can help you achieve your cloud computing goals. CDW works with more than 250,000 organizations of all sizes in all verticals, providing comprehensive advice, customized planning and scalable solutions. Our large U.S. operational footprint has offices located in every region and two strategically located state-of-the-art distribution centers, providing the fastest possible deliveries to our 250,000+ customers. No matter where you are, you can count on our experienced cloud specialists to deliver personalized support every step of the way. With 30 years of experience working with more than 250,000 customers, CDW provides you with an advanced level of IT partnership. We carefully listen to your needs and then help you achieve your desired outcomes. We also take a thoughtful approach to assisting you wherever you may be in your technology journey. Infrastructure Infrastructure solutions such as data center management, network modernization and migration, desktop virtualization, risk and vulnerability management, and IT service management. Amplify the agility, scalability and performance of infrastructure Today’s users require access to more and more data at faster and faster speeds. Applications must scale rapidly. To meet current business needs — and prepare for changes well before they happen — a strategic approach to planning and execution is a must-have. To answer current demands of complexity, speed and scale — to stay prepared for future developments — on-premises products, solutions and services are essential to delivering the full-on cloud experience. Organizations are turning to hybrid multicloud infrastructures to leverage the power of on-premises workloads, cloud-native builds and the vast possibilities of cloud vendor offerings. It’s an approach that comes with its own set of challenges, however. The adoption of rapidly evolving technologies requires companies to think long term even as they address their short- term needs. Solutions can prove costly, confusing and complex. Yet a partner’s ability to apply comprehensive, long-view knowledge and experience can actually amplify the impact of the customer’s investment. This is where CDW Amplified™ Infrastructure Services become indispensable. How We Approach Amplified Infrastructure Services At CDW•G Whether your customer’s environment is on-premises, a hybrid configuration or in the process of migrating to the cloud, CDW Amplified Infrastructure Services employ our smart, flexible portfolio to build a fully automated and managed infrastructure across the entire network. Tapping the experience of more than 300 certified engineers, we apply comprehensive knowledge and a long-term view of the organization’s needs and goals to design, orchestrate and manage the customer’s infrastructure — a strategy-based ecosystem that scales, future proofs and amplifies the effectiveness of the data center architecture. Success Story: Fostering an Innovative Transition from On-Prem to the Cloud This customer was looking for a company that would be able to come in and migrate their locally hosted servers to the cloud. Our team worked with them to create a plan that was cost-effective but focused on moving their company forward in its IT goals. Working with CDW•G, the customer ended up moving forward with Microsoft Azure to migrate their servers to the cloud. Utilizing our Microsoft team, we were able to outline for the customer what the process would like and ultimately build out the reservations for the customer. The 61 Cobb County Purchasing, Technology Product Solutions and Related Services 22 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). customer had a grant fund check that needed to be invoiced before a specific date or lose the money altogether, which turned out to be another challenge. The customer wanted to work with a knowledgeable partner and find a solution that would not break the bank. Engagement We were able to work with the customer and our Microsoft partners to migrate the servers to the cloud as well as work internally with our accounting department to make sure there were no issues in getting the grant check invoiced. Solution We were able to provide the customer with a Microsoft Azure Cloud Solution. Outcome They were able to migrate their data center to the cloud, mitigating the challenges of managing locally hosted servers, while utilizing in-house services to facilitate the migration. CDW•G believes that application modernization transforms decision and IT strategy choices for the present enterprise. Strategies often are customized by application requirements of maturity readiness of development. By evaluating legacy applications, new development platforms, and infrastructure, we choose the best application modernization strategy to support new functionality and business value. CDW•G offers the following application modernization strategies: Replatforming Rehosting Recoding Rearchitecting Reengineering Interoperability Replacement Retirement Depending on critical mission applications, our modernization engagement may start with a re- hosting strategy as a first phase and progress to the second phase of rearchitecting and re- engineering process. Most of our evaluations revolve around monolithic design, applications often hosted on-premises and following the waterfall model of Software Delivery Life Cycle (SDLC). Our expertise is in re-architecting customers' legacy applications into microservices and deployment to public clouds and private clouds. Microservices architecture follows DevOps methodology and automated Continuous Integration/Continuous Delivery pipeline releases approach. CDW•G’s new application development focus is on the cloud model. It includes microservices as well as cloud-native and event-driven architectures. We understand the following explanation regarding developing and deploying new applications is quite technical. However, we believe it’s important to include within our proposal to show Cobb County and OMNIA Partners our deep cloud expertise and knowledge. This knowledge will be passed along to OMNIA Partners to ensure the cloud solutions deployed are efficient, and more importantly, work for their organization's business goals. Most of our first redesigns focus on migrating legacy monolithic applications to microservices. After evaluating customer legacy applications, the new cloud application development model for rearchitecting monolithic applications is recommended. Cloud-native architecture and event- 62 Cobb County Purchasing, Technology Product Solutions and Related Services 23 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). driven serverless architecture are recommended for reengineering legacy applications and new application cloud development. The core pattern at play is as follows: Figure 4. Private Cloud & Public Cloud Process Modern IT operations organizations limit access to public and private consoles to eliminate the variability and human error that come with them. Instead, CDW•G advocates using tools like Hashicorp’s Terraform or Red Hat’s Ansible and code version control system (VCS) for continuous integration and continuous deployment (CI/CD) for Infrastructure-as-Code (IaC) and microservices. Namely, IaC and microservices image releases do not get run on individual local laptops but instead get checked into a Git-based source code repository such as GitHub, GitLab, or Bit Bucket. An automated (CI/CD) pipeline manages the IaC, and microservices code and microservices image build changes. The combination of tools enables an IT organization to provide an accounting of IaC/ microservices changes in the source code control system by environment PROD and no-PRD. Code executions in the continuous integration environment, and the whole system works the same way regardless of the cloud target. The only difference between launching a new environment and application is cloud provided; AWS vs Azure vs GCP. The pipeline architecture is the same in either case. This approach allows for the Blue/ Green deployment of modernized applications with underlining infrastructure. Traditional Automation Traditional automation techniques required an individual to acquire two sets of expertise in addition to being an expert on a particular virtualization platform. An individual has to learn a programming language like Python, PowerShell, or Bash. They then have to learn the API for each platform they are already functional experts. While this still allows for integrating products with AWS, Azure, and GCP, only when combining these three expertise categories could this approach to automation begin to show a return on investment. 63 Cobb County Purchasing, Technology Product Solutions and Related Services 24 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Innovation through Methods like Infrastructure as Code Infrastructure as code (IaC) is the process of managing and provisioning computer data centers through machine-readable definition files, rather than physical hardware configuration or interactive configuration tools. IaC takes a different approach that significantly lowers the learning curve of cloud adoption and IaC is different in two key ways. 1. Instead of asking an individual to provide a prescriptive list of steps to create some virtualized resource, IaC uses a declarative model that simply asks an individual to describe what the end state should be. The specific of how that end state is achieved is a black box to the individual describing the end state. This black box is made possible by a community of experts that build abstractions called providers (Terraform) or modules (Ansible) that translate the details of a raw virtualization platform API. 2. Where IaC becomes more exciting is when a declaration is parametrized to create an organization-specific abstraction that can be reused over and over again. For example, network configurations are hardcoded and firewall rules are absent for the virtual machine that will get launched but imagine parametrizing both of those details and inviting a security team to participate in the creation of the reusable abstraction so that different policies are baked into the IaC. With IaC, engineers can utilize something declarative like Ansible or Terraform which relies on a communication library of providers/modules for providing the API expertise. This is where the use of the source code control can enhance the base benefits of IaC. Experts on the virtualization platforms and security teams can jointly create these parametrized abstractions and check them into source code control. Non-experts can then check in files that set the parameters and reuse the organization-specific abstractions. Triggers can be set that when parametrized files get checked into source code control, it causes their execution in the continuous integration environment and subsequent creation of the virtualized resources in a cloud of choice. Figure 6: Infrastructure as Code Figure 5: Traditional Automation 64 Cobb County Purchasing, Technology Product Solutions and Related Services 25 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Organizations might choose to put checkpoints at the source code control step, not allowing individuals to check-in parameter files without a manual review by an expert. Or organizations might choose to put checkpoints at the continuous integration step, not allowing the newly checked-in parameter file to be executed without a manual review. That level of automation or manual inspection is up to the comfort level of a particular organization and might even be different for different individuals within that organization. The target of the resource, whether public or private cloud, almost doesn’t matter. All that changes in this approach between clouds are the IaC that gets written. What is consistent across deployments regardless of their targets is the accounting that happens at multiple steps and the reuse of expertise, including security, in the organization-specific abstractions. Some users may want to establish an environment built through the virtualization of resources without having to dig through the complexity of learning dense coding. In this scenario, we can establish a path to learning the details of source code control so that they can check in their parameter files. Cobb County and OMNIA Partners should have the ability to choose how to consume their information where and when is best for them – and that they should be able to present it to whomever in their organization needs it in that same capacity. CDW•G’s methodology includes an assessment, understanding, conceptualizing, and implementation approach that will help Cobb County and OMNIA Partners feel comfortable moving into the Cloud. Figure 7: Virtualized Resource Pipeline 65 Cobb County Purchasing, Technology Product Solutions and Related Services 26 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). While we understand Cloud is another person’s data center, we also understand moving data anywhere that’s not on-premises, may feel uncomfortable. Therefore, in addition to assessments and key conversations with technical leaders, we believe that a cultural conversation needs to be conducted inside an organization to help adopt the new solution. When CDW•G works with a customer on a Cloud solution proposal, we have an initial conversation (generally started with a coworker from our sales team) and include our Solution Architects. We discuss what matters to that particular organization and conduct an assessment to determine the next best steps. This assessment includes determining which solutions can be migrated to the Cloud and which ones are better when left on-premises. Assessments include conversations, and assessing the physical environment, with the goal output being a clear and concise executive summary. Following the assessment, our conversation with the customer continues to gain an understanding of their short-term and long-term goals. We create one, three, and five-year plans, taking into consideration many factors including the customer’s culture. Finally, we create a template for customers and build out Statements of Work (SoW) with a Bill of Materials (BoM). Service Level Agreements (SLAs) and best practices are discussed and mutually agreed upon. We understand customers may need additional support, so possible training for staff is discussed and determined. CDW•G has a full-service capability when it comes to supporting organizations looking for private and public Cloud. From assessment, implementation, containerization, automation, and throughout the lifecycle of application modernization, we will support Cobb County and OMNIA Partners every step of the way. Local Focus and National Presence Our customers are the center of all we do at CDW•G and the fuel behind our initiatives, solutions, and services. Part of our dedication to our customers is a sales and service force best suited to the needs of our State and Local Education customers. With a local presence and national reach throughout the US, our team is ready to continue serving Cobb County and Figure 8: Virtual Patform & Cloud 66 Cobb County Purchasing, Technology Product Solutions and Related Services 27 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). OMNIA Partners. As you may be aware, we have coworkers in offices and remote locations in or near every major city in the US. OMNIA Experience Our success on OMNIA contracts noted below will be material to our performance on the proposed contract. We can utilize our proven marketing skills and trusted account manager and other expert coworker networks to continue the contract’s growth. Figure 9. Our Current OMNIA Contracts Research and Development CDW•G has over 20 years of experience in delivering IT services for our public sector and education customers. During that time, we have made a substantial investment in training our service personnel, maintaining our OEM certifications, and developing new services. Our Services Offerings are supported by over 130 coworkers in our Research and Development division. This division works closely with customers, OEM partners, and our sales team to maintain the relevance of our current offerings while developing the next generation of services the market expects from a leading provider. As technology is constantly changing, CDW•G is refreshing and adding new services. Excellence in Delivering Cloud Solutions When it comes to Cloud, four factors set CDW•G apart from the competition. 1. CDW•G is customer-focused and vendor-neutral. When it comes to solving our customer’s problems, our sales and technology solutioning team is concerned about providing a Cloud solution that is comprehensive, coherent, and cohesive. These solutions solve our customers' current issues while taking into account future initiatives and goals for growth. 2. CDW•G is a one-stop-shop. We offer a coordinated, thorough process that covers everything from designing to orchestrating to managing. Communication is at the heart of our process. One specific way we ensure thorough communication with our customers is in our design and implementation of services. One Technical Solution Architect is responsible for all SOWs on a project. This maintains project-wide integrity and ensures that one active participant maintains high-quality historical customer knowledge. 3. CDW•G structures sales teams to ensure that each one has segment-specific knowledge. If the member is a local school district, their sales team specializes in school districts. 67 Cobb County Purchasing, Technology Product Solutions and Related Services 28 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). If the member is a state or local government, their sales team specializes in this area. Our sales teams are deeply connected to their customers, with the average Account Manager having a decade of experience in their role. 4. CDW•G is a leader in the industry growing organically and through strategic acquisitions. In the last several years, we have acquired a number of companies that focus on Cloud solutions and professional and managed services. We are constantly evaluating which emerging technologies our organization needs to best serve the ever-evolving needs of our customers Additionally, while many vendors provide “managed services,” very few offer the full lifecycle of services from assessment to design and implementation. Our managed services offerings are staffed and supported by our own badge offered engineers using tools and intellectual property developed in our innovation labs. Data Management Data management solution which uses technologies such as thin provisioning, de-duplication and automated storage tiering to improve storage utilization. Data Center Management and CDW•G We know the data center better than just about anyone CDW brings a team of experts to every data center project. Our solution architects and data center specialists evaluate each customer’s specific environment to create a custom solution to meet their goals. Our data center engineers apply decades of technical expertise to building the actual solution and offer ongoing support to keep it running at its best. Our data center offerings include: Hyperconverged infrastructure Hyperconverged infrastructure combines servers, data storage, networking equipment and software into a single, unified computing system, allowing IT teams to manage their data center centrally. Next-gen storage and backup Data is growing at an unprecedented rate. A cohesive storage strategy helps your customers minimize costs, increase data security and maximize their data center solution. CDW’s hardware and software knowledge and nationwide expertise maximize customers’ next- generation backup solutions by designing and implementing an integrated solution that makes business sense in every choice. Virtualization Virtualization improves data center performance, reduces costs and makes backups and redeployments easier. Power and cooling CDW’s modular, scalable power and cooling solutions help keep data center energy costs low and prevent downtime caused by overheating and power outages. Managed services 68 Cobb County Purchasing, Technology Product Solutions and Related Services 29 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Managing a new data center is a big project. CDW can make it much easier. CDW Managed Services and CDW Aggregation Services save customers more than 20 percent on average — compared with an internal IT-managed infrastructure — and improve the overall quality of support. Professional services Handling a data center can be a tough and time consuming task for an IT department. CDW can shoulder the burden of data center implementation, migration, integration, staff training and continued management so IT teams can contribute to more business-critical initiatives. Configuration services CDW’s certified configuration centers can provide a custom preconfigured data center solution that minimizes customer downtime and disruption. Visual Communications Visual communications that integrate audio, video, voice and presentation capabilities. We Get Professional A/V From complex video wall solutions supporting mission critical operations centers, to training rooms and live broadcast systems, CDW•G's design services, leading partner portfolio, project management and integration services are committed to providing top quality Professional Audio- Visual (Pro A/V) services to State and Local Government customers. From Blueprint to Design, CDW•G will deliver your Pro A/V solutions into a new state of readiness. CDW•G designs promote a collaborative and collegial atmosphere as well as better decision-making. Pro/AV is more than just a matrix of inputs and outputs. Discerning users require a new level of collaboration and integration. CDW•G delivers Pro A/V solutions supporting: Video Walls Digital Display and Projection Room Controls IPTV and Video Streaming Production and Media Management Broadcast Solutions Digital Signage Video Distribution Systems Below is an example of a video wall designed for one of our emergency response clients. 69 Cobb County Purchasing, Technology Product Solutions and Related Services 30 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Figure 10: CDW•G Video Wall Design for Public Safety Top partners include: Support for Video & AV Projects CDW•G in conjunction with Exertis Broadcast can fulfill all your audio, video, voice and presentation capabilities. We offer, Pre-Sales Engineering, Installation Services, Programming Services and Fulfillment and Logistics Services. Our process to fulfil your requirements involve the following steps Needs analysis Engineering BOM preSOW /Services Quote Installation Programming Commissioning Training 70 Cobb County Purchasing, Technology Product Solutions and Related Services 31 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Success Story: Walmart Custom Video Distribution Solution CDW reached out to Exertis Broadcast’s Team CDW looking for video distribution solution for Walmart’s TV display walls. Engagement After reviewing the needs with Walmart, we realized a product did not exist in production with all the features Walmart required. Exertis Broadcast then worked directly with our partner Gefen to build them a HDMI splitter to Walmart’s exact specifications. The custom splitter was built, and a proto-type hand delivered to Walmart within 4 weeks to meet tight testing deadlines. Walmart tested and moved forward with deploying in all 4000+ stores. The Walmart TV display wall have never looked better and can all be managed remotely. The customer wanted to work with a knowledgeable partner and find a solution that would not break the bank. Solution We were able to provide the customer with a custom video distribution solution. Outcome Custom AV and Video products built to client specifications. The Exertis Broadcast team can work with our manufacture partners to design and build hardware specific to CDW customer needs. For more information on CDW•G and Exertis capabilities, please see the following sections under UCC (Unified Communications and Collaboration) and Broadcast Studio UCC (Unified Communications and Collaboration) UCC video teleconferencing solutions that provide for critical infrastructure, emergency operations centers, command rooms, fusion centers, training rooms, and classrooms. CDW•G offers on-premises, cloud-based and hybrid business communication solutions to help you create a flexible, scalable environment. No matter the environment – emergency operations centers, command rooms, fusion centers, training rooms, and/or classrooms, our vast video teleconferencing solutions help Cobb County and OMNIA Partners meet their business-critical needs. We have provided more detailed information regarding emergency operations centers and command rooms in our response to the Law Enforcement section. The needs for these types of rooms are so unique we have a dedicated Public Safety team built to address these types of engagements. Video Communication We can help you equip, set up and manage immersive telepresence rooms as well as formal and informal videoconferencing hubs, including cloud video bridges — all from leading partners. CDW partners with Cisco to help you radically improve the way you keep your business moving to the cloud and help keep innovation within your grasp. With our deep expertise in Cisco solutions and a team of experienced collaboration experts, we help you understand your opportunities to move to the cloud environment while maintaining the needed CUCM on- premises requirements and providing extended support. For organizations that are ready to move to the cloud, Dedicated Instance is an add-on service within Webex Calling that provides a bridge allowing for a cloud experience that also supports requirements such as CUCM on-premises support. CDW will provide you with support to implement this service, ensuring you are set up to meet both cloud and on-premises requirements. CDW is the partner to help from day one implementation to extended support. 71 Cobb County Purchasing, Technology Product Solutions and Related Services 32 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Managed Collaboration Anywhere Powered by Cisco Webex Calling with Dedicated Instance can help you achieve: Operational Efficiencies Agility Increased Performance Orchestrating the Right Solution Moving calling to the cloud can be challenging for UCM customers. The cost and burden of replacing older endpoints, rebuilding complex dial plans and integrations can be greater than any savings that can be realized by moving to the cloud. Managed Collaboration Anywhere Powered by Cisco Webex Calling with Dedicated Instance provides UCM customers a non- disruptive, low-impact migration path to the cloud. With Webex Calling you have the flexibility to distribute users across multi-tenant and dedicated instance call control, and to adjust them over time as needed to address their cloud calling business requirements. CDW helps you integrate your organization to the cloud, allowing both cloud and CUCM functionality to work together as one platform. CDW isn’t just here for implementation; we partner with you to ensure a consistent experience you can expect by providing updates and changes with our extended support. CDW is here to help 24x7x365 through our customer portal, phone or email. Services Overview The following services are included in Managed Collaboration Anywhere Powered by Cisco Webex Calling with Dedicated Instance Professional and Managed Services: Table 1: Managed Collaboration Anywhere Services Service Offered Premium Essential Basic Common Device 50% 50% 0% CDW Services Portal Included Included Included Managed Services Customer Success Manager Included Included Included Incident/Problem Management Included Included Included PSTN Provider Incident Management Included Included Included Upgrade Management Included Included Included Firmware Management Included Included T&M Dial Plan Configuration Management Included Included T&M MACD Service Unlimited 200 hrs/yr T&M Service Hours 100 hrs/yr 50 hrs/yr 25 hrs/yr CDW•G has 20 years of managed services experience, 225 managed services analysts and engineers, and 1,000 global engineers. Traditionally, IT organizations have been good at installing a new piece of technology but commonly fail at realizing the user adoption goals and potential of new tools. This can mean a huge financial investment goes down the drain. More importantly, the added user confusion and loss of productivity from a failed change is a huge risk. The problem hasn’t consistently been one simple problem like business buy-in, technical issues, end-user training, or support staff being ready to troubleshoot problems. Instead, it has been because of a lack of targeted and coordinated planning, enablement, marketing, and communications. Our Adoption Services cover all of these aspects and bring them under a single plan and execution. 72 Cobb County Purchasing, Technology Product Solutions and Related Services 33 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). End-user enablement is about ensuring the end-user is ready to use Cisco Webex Meetings and Collaboration Meeting Rooms (CMR). This effort includes: End-user training Training guides As part of the Adoption Management Planning for end-user enablement, CDW•G will validate and plan the following training sessions all to be delivered via Webex with up to 20 participants per session: For Cisco Webex Meetings General End-User, conduct up to one (1) 90-minute training session(s) for Webex Meetings (including Collaboration Meeting Rooms (CMR)), Webex Meetings Desktop App, and iOS/Android Mobile App For Cisco Webex Meetings Power End-User, conduct up to one (1) 120-minute training session(s) for Webex Meetings (including Collaboration Meeting Rooms (CMR)), Webex Meetings Desktop App, and iOS/Android Mobile App For Cisco Webex Meetings General End-User with Video Device training, conduct up to one (1) 90-minute training session(s) for Webex Meetings (including Collaboration Meeting Rooms (CMR)), Webex Meetings Desktop App, and iOS/Android Mobile App and Cisco Video Device For this project, CDW•G defines a General Cisco Webex End-User as an individual who requires training to support normal tasks for scheduling and hosting Webex meetings. The following topics are included: Attending meetings Meeting controls Scheduling meetings Hosting meetings Sharing content Joining from desktop Joining from mobile Joining from video rooms For this contract, CDW•G defines a Power Cisco Webex End-User as an individual who requires an advanced level of Cisco Webex to support additional tasks such as scheduling for others in the company (i.e., Administrative Assistant leveraging alternate host) or will be a department point of contact for Webex questions. During the end-user training for Power Users, advanced topics will be covered such as: Alternate hosts Uploading/sharing files Meeting recording Whiteboarding Hosting from desktop Hosting from mobile Hosting from video rooms Permissions and panels Engagement tools (chats/polls) 73 Cobb County Purchasing, Technology Product Solutions and Related Services 34 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). For this contract, CDW•G defines a General Webex End-User with Video Device as an individual who requires training to support normal tasks for scheduling and hosting of Webex Meetings as well as joining from video devices. The following topics are included: Attending meetings Meeting controls Scheduling meetings Hosting meetings Joining from desktop Joining from mobile Using Touch 10 controller On-screen controls/terms Managing single/dual self-views Single/dual views during calls Managing calls Contact profiles Layout adjustment Sharing content Attending scheduled meetings Modernizing Today’s Classrooms At CDW•G, one of our dedicated verticals is the education sector, both K-12 and Higher Education. We understand the unique needs of the education sector, and have specialized resources dedicated to modernizing today’s classrooms to provide educators and students alike access to top quality immersive and integrative technologies to bolster their learning. CDW Blueprint to Design® is an ideal tool to help districts, schools and teachers reimagine their classrooms and building space to ensure they’re maximizing learning outcomes. The program was created in 2017 and helps educators navigate the addition of classroom IT products and technology and create collaborative learning environments. And since then, more than 900 K-12 schools and universities have participated in the program, including the Rochester City School District, where CDW helped design a truly modern classroom. Our K12 Strategist, teamed with the depth of our CDW Solution Architects and Account Team, work together to helps educators figure out the best classroom design for their space, ensuring that each area has a purpose and takes advantage of the entire room. Since CDW•G is vendor neutral, and have a wide offering of different teleconferencing software, we recommend the best vendor for that given classroom, school, or district. Broadcast Studio Broadcast studio solutions for staff that oversee communications and public broadcast efforts which provide integration (system design engineering), fabrication, budgeting, scheduling, engineering, architectural planning (technical grounding, power distribution and facility load requirements), and equipment specification (video, audio, network and storage technologies). CDW•G has broad capabilities across the broadcast space. While we have direct relationship with a number of top-of-the-line products in various AV categories, we have found the largest 74 Cobb County Purchasing, Technology Product Solutions and Related Services 35 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). benefit to our customers when we utilize our trusted partner Exertis Broadcast. While this is not an exhaustive list of what CDW•G can provide in this space, we felt it was a good encapsulation of our abilities. One of the benefits CDW•G brings to Cobb County and OMNIA Partners is our ability to orchestrate a complete solution from video to audio to networking to storage. We work with a wide array of storage providers from Nutanix to Pure, and our architects are specially equipped with an understanding of all product lines to be able to provide the best solution. We like to think of our solution architect as puzzle masters – finding all the different pieces from various manufacturers and putting them together into a masterpiece for our customers. Further outlined below in the Law Enforcement section, CDW•G's design services, leading partner portfolio, project management and integration services are committed to providing top quality Professional Audio-Visual (Pro A/V) services to State and Local Government customers. From Blueprint to Design, CDW•G will deliver your Pro A/V solutions into a new state of readiness. CDW•G designs promote a collaborative and collegial atmosphere as well as better decision-making. Pro A/V is more than just a matrix of inputs and outputs. Discerning users require a new level of collaboration and integration. CDW•G delivers Pro A/V solutions supporting: Video Walls Digital Display and Projection Room Controls IPTV and Video Streaming Production and Media Management Broadcast Solutions Digital Signage Video Distribution Systems Top partners include: Through leveraging Exertis, we ensure our customers are receiving the most up to date knowledge and emerging technologies in the broadcast studio space. Like any engagement where we work with partners, the customer, in this case Cobb County and OMNIA Partners, will continue to have their single point of contact with their CDW•G Account Manager. The Account 75 Cobb County Purchasing, Technology Product Solutions and Related Services 36 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Manager will bring together the customer and Exertis to full scope out the requirements of the project and ensuring alignment with the end goal. Exertis Broadcast is CDW’s Video and Pro AV expert. Exertis Broadcast is staffed by industry experts who provide CDW with complete sales support and AV video workflow solutions including system design, needs analysis, demos, proof-of-concept, and on-site client consultation. Exertis Broadcast has a team of sales, engineering, marketing and support staff dedicated to CDW. They work with CDW Account Managers, Business Development, Partner and Product Management, Solution Architects and Consultants daily to specify AV and video projects for their end users. Exertis Broadcast meets with the CDW end user for project needs analysis, providing a complete design of their video workflow. Pre-sales engineers will also provide product demonstrations, assist with setting up and supporting proofs of concept, and consult with you to establish AV and video technology standards across the organization. The Exertis Broadcast team provides post-sales support and training once the project is commissioned. They provide a full turnkey solution for many of our solutions including installation, commissioning, maintenance and training services. Exertis Broadcast provides technical support for CDW’s Field Solution Architects and Inside Solution Architects for system review and design verification with their video and AV solutions. Exertis Broadcast can go onsite with or without CDW to support the project, provide needs analysis, presales support and consultation. The Exertis Broadcast team works daily to grow CDW’s video and AV practice with the addition of new partners. We have added several partners over the past year to augment CDW capabilities. New partners added in the last 12 months include: Table 2: Video and AV Partners New Partners Allen & Heath Atomos Birddog CADAudio Castus ClearCom Clevertouch Epiphan Focusrite Lume Cube Mackie Panopto PrompterPeople Vitect 76 Cobb County Purchasing, Technology Product Solutions and Related Services 37 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Law Enforcement Public safety solutions such as in-car video, body worn cameras, license plate recognition, mobile computing, city surveillance, and digital evidence management. Technology has come a long way from being merely a convenience to being a must-have for public safety. Today’s offerings can raise operational efficiency, ease the constraints of distance, speed critical communication and heighten safety for everyone. But transformation can be difficult. Between technology’s rapid-fire changes and public safety’s inherent rules, needs and challenges, you need a special kind of knowledge to make IT perform — without having to be an expert. CDW•G for Public Safety: Expertise That Works Your mission is safeguarding the public. Ours is helping you do it. We are a specialized practice devoted to public safety issues, with more than 10 years and hundreds of engagements to our credit. Our team of dedicated account managers will guide you to the most impactful choices, address all the requirements, policies and strategies you face every day, and show you how the pieces fit together. First responders save lives and protect property every day. Technology challenges involving mobility, data interoperability and information sharing may hinder those efforts. But where does an agency start? What are their options? How do agencies obtain tech that works for wherever, whenever? The answers to these questions are the purpose of the CDW•G Public Safety Team. At CDW•G, we collaborate with fire, police, emergency medical services, emergency management and other agencies to help them understand their options. A little guidance goes a long way, and our knowledge and expertise in deploying technology will support decision- makers in choosing public safety solutions. Modern-day emergency management and first response requires fast and always-available access to information. Without it, police officers, first responders, and emergency personnel are at a disadvantage against criminals and natural disasters alike. Innovative digital solutions provide new, engaging approaches to fulfilling missions and keeping communities safe. Things are constantly changing but one constant that has remained throughout the last two decades is that Major Events Drive Digital Trends. Highlights in recent American History prove the axiom. Examples include; The 9/11 Attacks — Recommendations were brought forth from the 9/11 Commission Report but the standout topic in technology was Radio Interoperability Hurricane Katrina — Demonstrated the need for more resilient data and radio communications capabilities as well as more robust disaster recovery plans The active shooter at Virginia Tech University — Ushered in a mad dash to acquire citizen alert and notification systems The Boston Marathon Bombing — Revealed gaps in the ability to perform analytics on video and image big data Officer involved shootings and in-custody deaths in Ferguson, Mo., New York, Baltimore and Charlotte — Drove federal involvement resulting in proliferation of body worn camera deployments 77 Cobb County Purchasing, Technology Product Solutions and Related Services 38 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). COVID 19-Pandemic and Civil Unrest — We are only beginning to comprehend the impact Covering the Spectrum of Capabilities Video Cut travel time. Reduce resource allocations. Raise situational awareness and speed response. Do remotely what was once possible only in person. In-vehicle video, capture and management Body-worn cameras Interview room monitoring Fixed security Surveillance Analytics Collaboration and telepresence Case management Cloud solutions Mobility Accelerate collaboration and communication from anywhere. Mobile data laptops and tablets Data collection and scanners Mobile printing GPS and automatic vehicle location Mobile access routers Wi-Fi solutions Advanced authentication Virtual private network mobile software Cloud solutions Data Center Support growing data loads. Ensure enough bandwidth for increasingly complex communication. Keep it all secure. Servers and storage area networks Hyperconverged infrastructure Backup and recovery Virtualization Cybersecurity Unified communications Enterprise wireless Alert and mass notification systems Power and cooling Cloud solutions 78 Cobb County Purchasing, Technology Product Solutions and Related Services 39 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Digital Workspaces: Creating a better user experience while streamlining device management and improving access to information Handheld and Mobile Data Terminals High Performance Workstations Mobile Gateways and Routers Virtual Desktop and Application Delivery Mission Effectiveness: Digital Transformation yielding force multiplication, force protection, and delivering more rapid positive outcomes Cyber and Physical Security Collaboration, Data Center, and Cloud Strategies Communications Infrastructure, ESINet, Radio Backhaul Surveillance, Recognition, and Evidence Management Command, Control & Intelligence Mission Critical Operations Centers Data Visualization & Analytics Situational Awareness Planforms Mobile & Deployable Solutions Major Public Safety Events Drive Digital Trends. CDW•G’s Next Generation Public Safety approach addresses not only those trends from the past but aids agencies in preparing for whatever is next. Next Generation Public Safety is best described as a process of efforts towards Digital Transformation in Government and is a continual, phase-based effort from Assess & Envision through Planning & Design culminating in Implementation & Optimization. The achievable goals of Digital Transformation include: Decreased maintenance and improved operational efficiencies may relieve technology staff of mundane systems management tasks allowing for greater resource effort applied to evaluation, innovation and adoption activities. Long-term cost savings can be applied to new investments in deep learning and artificial intelligence. Elevating the safety and security posture and improving compliance adherence offers unquantifiable rewards and helps in eliminating distractions. The overarching goal of Next Generation Public Safety Transformation is the development of a State-of-Readiness that provides the flexibility to adapt to future innovation. Rapidly absorbing those technologies today that are considered novel is a lofty goal. In the transformational era of tomorrow this capability becomes a general requirement. Nothing should be able to disrupt the digitally transformed agency. It is today’s technology challenges that propel our CDW•G Public Safety Team forward. Since 2005, the CDW•G Public Safety Team has been delivering technology solutions supporting mission critical environments in Emergency Management, Fire & Rescue, Emergency Medical, Law Enforcement as well as the Critical Infrastructure protection. Our focus has changed over the years to keep pace with the challenges of the day. The one thing has remained the same is that Public Safety agencies large and small turn to CDW•G to assist in developing solutions supporting Mission Critical operations. 79 Cobb County Purchasing, Technology Product Solutions and Related Services 40 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Public safety begins with an experienced and well-briefed sales team who comprise the primary point of contact for all of our customers. The sales teams are supported by a host of solution architects from a variety of disciplines and Public Safety Strategists that provide customers, CDW•G personnel and partners with subject matter expertise. Our comprehensive approach includes: Supply: We have a large inventory of technology items you use every day Design/Build: Our Solution Architects can help you through the myriad of choices with respect to designing the solutions necessary to develop the next generation of public safety tools Contracting: Reduce the administrative cost, required span of control and headaches in your next project with a single agreement and responsible party delivering what you ask for Strategy Development/Envisioning: Moving into real time policing, developing a new emergency operations center, security center or tactical operations center. Our Senior Strategist can help you develop and document a plan of action. We Get Mission Critical Operations Historically, Mission Critical Operations in Public Safety Work have included emergency operations centers, dispatch or communication centers, fusion centers, and the standard agency data center. The last decade has given rise to a new breed of operation center including those supporting real time crime fighting, joint task force collaboration, cyber intelligence and excellence as well as network operations. Regardless, these centers are where people and advanced technologies intersect. Enhanced situational awareness, data correlation and decision support systems combine to aid in visualizing a common operating picture in the next generation of Operation Centers. The end-game to this is force protection, force multiplication and the rapid delivery of positive outcomes. At the end of the day, next generation technologies widen the view of operations by integrating advanced data analytics with video surveillance systems, sensors and other technologies that gain better situational awareness. Figure 11: CDW•G Public Safety Service Timeline 80 Cobb County Purchasing, Technology Product Solutions and Related Services 41 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G and its powerful partners expand the value of these technologies delivering hindsight, insight and foresight to Public Safety. In preparing for the demands of tomorrow, a Next Generation approach is required to address the priorities of today. These must include future challenges. Solutions must also always work. It will not do for a critical solution to fail during a major response. The CDW•G and Partner designs keep that thought at the forefront. CDW•G provides Technology Design/Build & Prime Contracting Services for the completion or rehabilitation of Mission Critical Operation Centers. We understand the importance of recognizing the unique needs of Law Enforcement, Emergency Management and Fire/Rescue. CDW•G provides solution sets which give our customers a near future-proof platform for placing critical information into the decision-making process. We Get Spatial Engineering Our spatial design strategies consider how people are routed throughout your work center daily and during times of crisis to maximize optimal communication between operators and key stakeholders. When you choose to employ our experienced team of spatial engineering partners, we will work together determine the configuration that best supports your organization’s communication and collaboration objectives, ensuring continuity of operations and minimizing the impact of the upset condition. Our public safety console environment solutions are designed with the operator in mind. An operator’s comfort is paramount to their productivity and overall health. Our ergonomically designed control room solutions encompass a variety of self-adjustable components and accessories, which are designed to be an extension of an individual’s day-to-day operations. Our partner solutions enable greater environmental controls such as temperature and fan controls, height adjustments, lighting, and other elements to mitigate fatigue and improve operator alertness. Our situational lighting solutions enhance communication, awareness, and coordination, which support effective incident deployment strategies amid emergencies. Figure 12: CDW•G Public Safety Offerings 81 Cobb County Purchasing, Technology Product Solutions and Related Services 42 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G and its partners provide ergonomic solutions and spatial engineering services to transform your next center into a state-of-the-art facility. We lead the overall center design/build efforts, in conjunction with industry leading partners. Partners we work with often include: We Get Situational Awareness CDW•G partners with leading software companies to provide for a myriad of solutions to help our customers solve their problems. Workflow management, citizen portals, asset and inventory management, dispatch, records management, and situational awareness platforms can all be implemented by CDW•G and its partners. A common operation picture (COP) is a continuously updated overview of an incident compiled throughout an incident's life cycle from data shared between integrated communication, information management, and intelligence and information sharing systems. The goal of a COP is real-time situational awareness across all levels of incident management and across jurisdictions. The objective of a COP for support in a coalition environment is to decrease the Decision Cycle Time (OODA loop - Observe, Orient, Decide, Act). Cobb County and OMNIA Partner Law Enforcement Agencies need their agents, analysts, first responders, and officers to be able to make decision quickly and efficiently, with accurate information. CDW•G understands this need and our applications help to orient data , create the Common Operating picture, and allow life-saving decisions to be made. The needed data often exists in multiple legacy solutions, on the web and in an unstructured form. Making sense of the data and achieving the ability to turn data into actionable intelligence in real-time takes a great deal of integration. Figure 13: CDW•G Spatial Engineering Sample 82 Cobb County Purchasing, Technology Product Solutions and Related Services 43 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G and its partners provide the platforms to get started quickly as well as the integration, development and orchestration expertise to move forward ahead of the pace of change. CDW•G has a long history of developing Microsoft-based solutions into usable applications for emergency management and law enforcement. Our recent acquisitions of IGNW, Aptris, and Aeritae are evidence of CDW's continued commitment to providing world-class software development, integration and orchestration services. CDW•G works with industry leading partners within the situation awareness platform, including: We Get Surveillance Video surveillance capabilities have come a long way over the years. Legacy systems, made up of cameras and digital video recorders, primarily captured and replayed past events, limiting organizations to a reactionary security approach. Enhanced by analytics software, today’s video surveillance solutions give organizations the tools they need to take proactive safety and security measures. The benefits now include utilizing surveillance to ease road congestion or monitor high pedestrian traffic areas, enhanced video surveillance enables digital transformation across every agency type, and more. By integrating advanced data analytics software and Internet of Things (IOT) sensors with IP- based cameras and video management systems, CDW•G expands the value of surveillance technology. That means Cobb County benefits from not just hindsight, but also insight and foresight. 83 Cobb County Purchasing, Technology Product Solutions and Related Services 44 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Some of the leading manufacturers CDW•G partners within this space include: Mobility Mobility services to keep users connected, responsive and secure such as email protection, download prevention, containerize content on devices, self-destructing content, and content linked back to the user. Procuring, configuring and refreshing mobile devices across different operating systems and carriers can be a challenge. From smartphones, tablets and notebooks to routers and point of sale systems, we can help you integrate your software and services to get the most out of your devices. Configuration and Activation CDW's configuration experts work with your IT staff and your carriers to ensure your enterprise mobile devices are automatically activated, enrolled and ready to use right out of the box. We HINDSIGHT: WHAT HAPPENED? With traditional, forensics- based applications for video, you can investigate a recorded event, identify a bad actor, monitor facilities, analyze a complete process in a system or validate that a system worked as planned. INSIGHT: WHAT'S HAPPENING NOW? Video analytics can elevate your security team’s situational awareness and enable you to identify and react to events in real time. Analytics can unlock operational value by monitoring the flow of people, goods, or processes and triggering a response based on predetermined criteria. FORESIGHT: WHAT WILL HAPPEN NEXT? With predictive analytics, you can leverage video data to identify trends and forecast events, giving your team foresight into the next threat and helping operations pinpoint future process flaws to improve decision-making. 84 Cobb County Purchasing, Technology Product Solutions and Related Services 45 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). offer software configuration and imaging services for Windows, iOS or Android, and our tagging, tracking and laser etching services help you streamline asset management. Procure and Provision Our Mobility Management Portal simplifies administration of devices, including selection, deployment, expense management and help desk services. Employees can order from a predefined catalog, perform upgrades or make changes to existing services — all in accordance with your internal mobile device policies. Device as a Service (DaaS) DaaS gives your organization fully supported, customized devices for a monthly subscription fee, allowing you to shift procurement costs to an operating expense. We’ll take care of managing technology refreshes, securing your devices, procuring management software, providing help desk services and recycling devices. Why CDW•G Unmatched Expertise Our mobility experts have helped thousands of customers craft BYOD and mobile device policies from the ground up. Flexible Financing Options We will work with you to determine the best financing method for your organization, be it a traditional purchase, lease or through a monthly subscription. Industry-Leading Partnerships Our partnerships with the industry’s top mobile providers give you access to the widest selection of devices, mobile OS and carriers — with top-notch customer service to boot. Mobile App Development and Strategy Mobile apps are both an opportunity and a challenge for organizations looking to improve worker productivity and customer experiences. A solid mobile application strategy, from procurement to management to development, will put you ahead of the competition. Our Enterprise Mobility Management (EMM) and workspace collaboration solutions can help you manage and secure your mobile environment across multiple devices and platforms. Our Mobile and Productivity App Services The ubiquity of smartphones and tablets has changed the way organizations deliver information. We can help mobilize your operations to streamline workflows, boost productivity and reduce expenses. App Strategy Before your organization selects off-the-shelf or customized apps, we’ll help you develop a strategic view of your mobile app initiatives. We’ll help you map deployment and development decisions based on your needs, budgetary constraints and IT infrastructure. Your custom app strategy will serve as a critical roadmap as you migrate to a more mobile environment. Mobile Application Development Mobile app development allows your organization to meet stringent requirements around performance, functionality and user experience. Our partner network of tier 1 developers provides native, HTML5 or hybrid apps based on your needs. Additionally, we offer Mobile 85 Cobb County Purchasing, Technology Product Solutions and Related Services 46 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Application Development Platforms (MADP) for organizations that want the tools to quickly create, deploy and maintain apps in house. Your Custom App Store Give your employees a central point of access for the apps and tools they need to be productive. Your centrally managed and custom-branded app store can include both IT- approved, off-the-shelf apps and custom-developed mobile apps. Content Sharing & Management The right file-sharing and online collaboration tools can help you tap into vital knowledge instantly and share it throughout your organization. Our cloud-based software as a service (SaaS) solutions can help encourage innovation and build relevant communities while maintaining the security of your corporate data. Choose from top partners such as Box, Google Workspace and Office 365. Office Productivity Apps How can you get more from your employees and your budget? For many organizations, it means getting a little creative. It means embracing innovation. It means moving software to the cloud with SaaS productivity apps. We can help you select the right productivity app and design a customized, scalable solution that grows with your business. Enterprise Portals Enterprise portals give your organization a single, secure place to store, organize, share and access information from almost any device. Web-based SaaS portals enable online collaboration — anywhere, anytime. We’ll help you customize an enterprise portal that fits your needs, budget and business goals. Strategies Designed for Growth Our collaborative approach to enterprise mobile apps prioritizes your objectives, budget and timeline. We’ll help you design a comprehensive mobile app strategy with simple management tools, robust security and scalable features that evolve with new technologies. Cross-Industry Expertise We have specialized teams across a number of industries — including retail, healthcare, energy and utilities, and K-12 and Higher Education. Our experts can help you mobilize existing workflows and unlock new strategies that transform the way your team works. End to End Services and Support Our planning services and assessments ensure your productivity strategy is aligned with your business goals. We also offer full implementation, training and adoption services to help your employees mobilize faster, giving you a better return on your investment. Mobility Management, Collaboration, and Security We provide a full range of proven mobile device management and collaboration tools as well as end-to-end security from the industry’s leading providers. We help you simplify mobility management and mitigate risks so you can spend less time on tasks and more time on projects. Enterprise Mobility Management (EMM) EMM takes the burden of day-to-day mobile management off IT’s hands and empowers workers with uninterrupted access to the tools they need. Our mobility management and security 86 Cobb County Purchasing, Technology Product Solutions and Related Services 47 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). services include mobile device management, mobile application management, mobile content management, custom app stores and mobile device policy definition. Mobile Workspaces Many clients are turning to mobile workspaces for secure mobility. We offer leading workspace solutions including desktop virtualization, application virtualization, EMM and file sharing, all supported by our professional services to ease selection and deployment. Procurement and Expense Management In addition to simplified procurement of devices, our Mobility Management Portal provides help desk services — including phone, online chat and self-service support — as well as expense management services with custom reporting to ease the burden on your IT staff. End-to-End Security With more than 15 years of experience with security solutions, our mobility and security teams work together to provide risk mitigation advice, including network and mobile security, data loss prevention and advanced threat protection technologies. Streamlined Productivity Our custom solutions give you device management, app store and sign-on options, as well as the option to grant users access to legacy applications without the cost of mobile app development. Simple Payments and Cost Controls With Mobile Expense Management, you can automate the tedious review, approval and payment process. You can also get insight into cost-saving opportunities and alerts about compliance issues. Industry-Leading Partnerships We work with the industry's leading brands, giving you unmatched choice and expertise in selecting the best mobility management, collaboration and security solutions. Work From Home (WFH) Work from home productivity involves more than just a functioning laptop. Networks need enough capacity and secure endpoints for workers to access their files and applications from anywhere, and employees need access to cloud applications to take full advantage of the collaboration tools available to them. CDW can help you build or expand your WFH strategy so employees can accomplish more in more places. An example of a tool to work from home is Zoom Together, Zoom and CDW bring you the communications technology your business needs to evolve. Business Communications CDW can help you develop a flexible collaboration solution based around your Zoom platform, to fit your user needs and goals. Digital Workspace Consultation Available free of cost, CDW's collaboration workshop lets you explore your full Zoom capabilities and develop a customized communications strategy. 87 Cobb County Purchasing, Technology Product Solutions and Related Services 48 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Digital Workspace Services Whether your communications are in the cloud, on-premises or a hybrid solution, CDW Amplified™ Workspace services meet you where you are, with comprehensive support. Asset Management Asset management solutions to identify and manage installed software, hardware and license entitlements. We Understand IT Asset Management IT Asset Management (ITAM) is a set of processes and tools that enables organizations to manage their IT assets on an ongoing basis, so that they can establish controls, gain visibility into their environment, optimize costs, and maintain license compliance. At CDW, our wide range of IT Asset Management solutions is customized to assist Cobb County in maturing your own Asset Management practice, while always aligning to Cobb County’s specific business goals. These are the Elements of Successful Asset Management Our IT Asset Management Strategy Focuses on Four Solution Types: Project Based Engagement Gain Visibility Into Your License Position. This customized engagement helps ensure that you gain control of your software environment, by providing an Effective License Position (ELP). Great for True-Up and Renewal time! Maturity & Risk Start Planning Your ITAM Strategy And Understand Your Risk Identify the stakeholders, policies and inventory processes at the heart of your ITAM practice. Technology Platforms Using Industry-Leading Platforms for Successful Asset Management. Having access to accurate, real-time inventory data empowers better decision-making and drives business outcomes Ongoing Solutions Our Ongoing Services Are Tailored to Your Business Needs – Increasing ROI Customized engagements that ensure consistent visibility into assets and drive continuous improvement Figure 14: Elements of Successful Asset Management 88 Cobb County Purchasing, Technology Product Solutions and Related Services 49 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). ITAM Maturity Assessment With such a large portion of their IT budgets dedicated to software, organizations need a way to manage hardware and software assets on an ongoing basis. CDW’s IT Asset Management (ITAM) practice offers a focused approach to tracking the location and configuration of IT assets, helping organizations not only optimize costs but also maintain license compliance, streamline contract negotiations, support mission-critical technology rollouts and prepare for digital transformation CDW’s Asset Management Maturity Assessment combined with our proven engagement framework allows us to help our customers: Define a vision for a successful practice Document recommendations on policy/process/procedures Build a roadmap for implementing your Asset Management practice Improve service levels Provide the ability to optimize costs and utilization of assets Ensure supply meets the demands of the business and that IT assets directly support specific business productivity requirements in the most efficient and reliable way possible Mitigate risks associated with governance practices, compliance requirements, and business continuity Provide the ability for true cost allocation Building Long-term Capability Through Technology CDW recommends using an industry-leading Asset Management technology platform to manage and discover your environment. Our goal is to align the appropriate technology to help meet your business goals and drive IT initiatives. Our strategy includes: Understanding your existing investments in asset management If no asset management technology is in place, we can then assist in making technology recommendations, aligning resources for product demonstrations, and working with the vendor to set up proof of concept. Working with Cobb County to understand short and long-term business goals We can help Cobb County assess if your current investments are able to achieve these goals. Assessing additional applications We can help evaluate whether integration with specific business applications and/or systems are required to support you. Empowering Your Practice Continuous improvement and internal communication are key in a successful ongoing Asset Management program. With an IT platform as the foundation, CDW can provide customized, ongoing consulting that can positively impact a customer’s ROI. Ensure Proper Communication With our partners at Universal Management Solutions (UMS), we can work with Cobb County to design an ongoing IT Asset Management (ITAM) strategy and support services- so you can focus on more strategic IT efforts. 89 Cobb County Purchasing, Technology Product Solutions and Related Services 50 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Ensure All Cobb County’s Publishers Are Listed We can ensure that Cobb County is spared the ongoing process of publisher contract management, or we can focus on just a short list of concerns. We can be flexible to accommodate Cobb County. With visibility gained into the entire publisher environment, CDW will identify the redundant products in your environment, allowing for rightsizing your licensing investments Software Management and CDW With assessments, technology validations, deployments, ongoing management and experts on- hand. CDW can help with every phase of the software solution. Our services and specialists include: Test Assessment and Roadmap: We develop a three-year roadmap for your customer’s software environment with assessment and envisioning sessions, proofs of concept, health checks, product and licensing program comparisons, contract negotiation and image processing services. Onsite Software Deployment: Our experts install and configure Cobb County’s on- premises software for desktops, notebooks, tablets, smartphones, servers and routers. CDW Software Asset Management: Hosted by CDW and powered by Snow Software, our license management service gives customers a clear view of the software being used across their devices. Software Asset Management (SAM) Specialists: Our certified SAM specialists analyze customers’ licenses and provide reconciliation services to help them understand where gaps exist between entitled and employed licenses. Licensing Account Executives: Experts perform onsite reviews of the software environment. We use this information to recommend the best products and licensing programs for your budget, and help manage those assets throughout the contract. Partner and Technical Specialists: During initial consultation, our presales systems engineers answer any in-depth software, licensing and technical questions. Data Protection Data protection to protect, backup, recover and archive data and applications. Data is your organization’s most precious asset, but storing and protecting that data can be a challenge. Your IT team must contend with a laundry list of internal and external threats while also managing increasingly complex hybrid storage environments. Those tasks are made even more difficult when you consider the growing number of data-intensive applications your users depend on every day. Overcoming data protection and storage hurdles requires solutions and services that suit your needs and environment, as well as a trusted partner like CDW that can help you navigate your options. Investing in storage through CDW can help address: Risk Agility Cost Partnering with CDW for data protection and storage can help you achieve other key organizational and IT objectives, including: 90 Cobb County Purchasing, Technology Product Solutions and Related Services 51 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Mitigating risk Managing storage resources productively Supporting diverse user requirements Maintaining cost controls Why You Should Partner with CDW Because every dollar counts, your organization needs to maximize the value of its data storage and protection investments. CDW’s tenured and certified solution architects can build a customized plan that ensures you unlock the storage performance and resilience you need within your preferred budget and spending model. We also deliver: Vendor-agnostic expertise driven by our industry-leading partnerships A full-stack approach that supports you at every stage of your journey Dedicated support from a team that’s worked with organizations of all sizes Energy and Water Conservation Energy and water conservation solutions to deploy advanced metering infrastructure (AMI) systems designed to measure, collect, analyze and monitor usage real time. Examples of projects include automated meter projects, SCADA (Supervisory Control and Data Acquisition) projects, and security projects. CDW has long been conscious of our impact on the environment especially regarding our energy consumption, and we have taken significant steps to effectively manage our consumption of resources and lessen our environmental impact. ISO 14001:2015 Certification Our environmental policy and Environmental Management System (EMS) define the structure, practices and procedures for our environmental program. As part of our commitment to continuous improvement, we regularly evaluate the efficiency of our use of natural resources. We seek to identify and address opportunities to improve by reducing waste to landfill through enterprise-wide recycling initiatives, implementing innovative packaging solutions, and integrating principles of environmental responsibility throughout our business. All CDW distribution centers and two of our U.K. offices hold ISO 14001 certification, the international standard for Environmental Management. These certifications ensure consistency and effectiveness in our EMS and demonstrate our long-established commitment to managing our business responsibly. Energy Management – Carbon Emissions At CDW, we look for opportunities to make meaningful reductions in our carbon footprint. Given the non-manufacturing nature of our operations, our facilities do not represent our greatest source of emissions. Rather, shipping and logistics functions present an opportunity for us to focus on carbon emission reductions through our relationships with value chain partners. Approximately 98% of our US shipments are delivered by carriers enrolled in the US EPA SmartWay Transport Partnership, which helps companies advance supply chain sustainability by measuring, benchmarking and improving freight transportation efficiency. Figure 15: ISO 1400 Certification 91 Cobb County Purchasing, Technology Product Solutions and Related Services 52 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). We also have programs aimed at consolidating freight volume and reducing the number of shipments and vehicles needed to complete a delivery, which enables our carrier partners to reduce carbon emissions. beGreen Program CDW implemented a formal beGreen program to foster a culture of environmental responsibility that encourages coworkers to reduce, reuse and recycle. Our beGreen initiative provides coworkers with the platform to share ideas and take collective action to improve our environment. Areas of focus include: Coworker education Community awareness Recycling Resource conservation Our beGreen program continues to provide coworkers with a platform to share ideas and take collective action to protect our environment. The program is managed by a cross-functional team of coworkers from multiple CDW locations, and participation continues to be strong since its inception 13 years ago. Reducing and eliminating waste through recycling, wherever possible, is ingrained throughout our organization. Our coworkers develop and lead efforts to help reduce waste to landfill from personal consumption and business use. Our dedicated beGreen staff continually looks for more ways to be environmentally responsible. Financial Services Financing options such as lease, lease to own, lease with option to own, and IT as a Service. CDW•G's Financing Solutions Team helps members navigate through all the available payment solution options (leasing, financing, subscriptions, etc.) CDW’s Financial Partners provide to select the best option to fit the customer's needs. For members with a Master Lease Agreement established, we more than likely have a partnership in place with their provider, or can establish one, to extend their existing agreement to incorporate purchases from CDW•G. We are a recognized force with many of our Financing Partners, such as our 2017 HP PartnerOne Financial Services Partner of the Year Award and the 2019 Cisco Capital Central Partner of the Year Award. Often, we leverage relationships with our partners to offer more advantageous rates, terms, and structures. For members that have diversity requirements to meet, we can recommend WBE certified partners. At CDW•G, we focus on providing the best solutions in the industry—not simply the latest solutions from a single provider. CDW•G can facilitate an agreement between Cobb County and a variety of leading financing companies that can help you obtain the payment terms that best fit your unique needs and budget requirements. Cobb County can secure a payment solution structure with maximized options and terms. Our Premier Financing Partners include: Arrow Capital Solutions Cisco Capital Dell Financial Services Figure 16: CDW•G’s beGreen Initiative 92 Cobb County Purchasing, Technology Product Solutions and Related Services 53 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). HPE Financial Services Lenovo Financial Services LEAF Commercial Capital, Inc. Success Story: IT as a Service United States Census Program The Decennial Census is a once-a-decade activity that takes years of planning to carry-out the largest peacetime workforce mobilization in the US. CDW•G began developing and planning our technical and operational solution in 2015, well in advance of the 2017 contract award date. The US Census Decennial program mission is a Constitutionally mandated program established to accurately count each person in the US and count them only once. This is accomplished over a series of Census Field operations carried out across the USA and its territories with the final objective to provide the complete Census report to the US President by end of year. Since 2017 DW•G has been providing the US Census Bureau mobile technology under a large Device-as-a-Service prime contract. This contract includes full life-cycle technology management from leveraging CDW•G’s ISO accredited secure supply chain practices to acquire, configure, test, ship and recover/disposition over 650,000 mobile devices. In addition to cellular assignment and activation, CDW•G also provides device security via Mobile Device Management with active tracking, monitoring and managing of the very large fleet of deployed devices. CDW•G also offers Program Management, Technical solution architecture (Win10 and iOS), Asset Management, Contract and Subcontract management, consolidated shipping and reverse logistics, and Tier 2/3 Help Desk support. CDW/CDW•G have maintained performance throughout the COVID 19 pandemic and have shared with our Census customer our best practices utilized to ensure that there is no disruption in our services. We proposed 7 Small Business/Diverse suppliers and have subcontracted more than 20% of the program total to SB entities. Other Services and Solutions Services and solutions not listed above that may be proposed by Offeror. As organizations face limited time, budgets and talent to tackle the ever-growing list of challenges running their day-to-day operations, IT leaders need a way to handle priority projects without overtaxing internal staff. CDW Staff Augmentation and Ad Hoc Support Services help meet the demands of your organization in unique ways. We provide skilled staff to augment your team with expertise in a wide range of technologies, offering an objective view of IT that ensures you’ll always receive the right solution to your problems — not just the one that’s convenient. CDW AMPLIFIED™ Services Portfolio Cobb County and Omnia Partners will benefit from accessing a comprehensive set of services that offer an unparalleled breadth of services. Our portfolio of services includes data center, networking, hybrid cloud, end user workspace and collaboration, application development, data analytics, and technical support and service desk services. Our services are purpose-built, with pre-defined service descriptions, statements of work, deliverables, service level objectives, and 93 Cobb County Purchasing, Technology Product Solutions and Related Services 54 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). pricing. The benefit for your members is the ease they can transact with CDW•G from solution planning to service startup. A summary of our entire Services portfolio is presented below. CDW AMPLIFIED™ Infrastructure Services provide the expertise, tools, and resources to scale and future-proof Members’ critical data center and network architecture. For example, our service engineering can help scale and optimize an existing on-premise data center to meet increasing application workload or design and implement a solution for migrating applications and infrastructure to a hybrid cloud solution. With the acquisition of Aptris, CDW now provides ServiceNow services for the design, orchestration, and management of customer’s ServiceNow applications, including ITSM, ITOM, SecOps, CSM, and HR Management. Our entire Infrastructure Services portfolio includes: Networks: Enterprise Data Center Networking, Software Defined Networks (SDN), Wireless Networking Hybrid Cloud: Hyperconverged/Private Cloud Deployments and Public Cloud solutions for Azure and AWS Services Operating System (OS): Management administration of virtual/physical server and OS, Infrastructure Application support, Database Services, and ServiceNow Services. Data Center: Power/Cooling, Storage, Compute, Data Protection, Virtualization, Software-defined Data Center and Networking CDW AMPLIFIED™ Workspace Services provide a comprehensive approach for end users, educators, and students to work from anywhere, on any device, at any time. Our two configuration centers can support complex deployments, including staging, imaging, integration, kitting, and deploying up to 10,000 devices per day. Workspace Services also provides integrated solutions for managing the security risks to endpoint devices to remain productive and secure. Workspace Services includes: Collaboration: Voice, Video, Messaging, Conferencing, Contact Center, Productivity Applications, and Content Management. Endpoint Services: End User Compute, Mobility, Unified Endpoint Management & Security, and Managed Print Services CDW AMPLIFIED™ Security Services help customers with ever-evolving security threats and maintains compliance with their industry and regulatory standards. Cybersecurity risks are higher than ever, and organizations require continuous defense, detection, and dynamic responses against evolving threats while maintaining industry compliance. CDW Amplified™ Security services provide independent evaluations of a customer’s security posture and help fortify against identified weaknesses. Our security engineers can design comprehensive strategies and solutions for protecting critical IT resources and data. Our security engineers hold certifications in CISSP, CISA, CISM, CIPP, Ethical Hacking, ISO Auditing, and ITIL. Our Professional Services can orchestrate advanced network defense techniques such as next- generation firewalls, advanced endpoint protection, content security, and access management. Security Services includes: • Information Security: Risk and compliance assessment, penetration testing, and comprehensive security assessments, vCISO advisory services • Detect and Respond: Security Incident Response services, Log aggregation and Correlation, Security Incident and Event Management (SIEM) • Physical Security: Physical access controls, Video Surveillance, Environmental Sensors 94 Cobb County Purchasing, Technology Product Solutions and Related Services 55 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). • Secure Platform: Managed Next-Generation Firewall (NGDW), Intrusion Protection System (IPS), Identity and Access Management (IAM), and Network and Managed Zero- Day Endpoint Protection • Managed Cloud SIEM with vulnerability and threat intelligence, advanced analytics, prioritized alerting and reporting, and end-to-end incident response CDW AMPLIFIED™ Development Services help customers address their growing technical debt in their legacy application stacks and software delivery processes. Development Services provides modern, cloud-native technologies and industry-leading best practices to allow customers to develop applications that revolutionize their infrastructure and solve business issues. CDW Amplified™ Development Services help our customers modernize and streamline their application delivery with the following services: • Software Engineering: Custom Software Design and Consulting, Application Architecture, Agile Development using DevOps, and software engineering utilizing Continuous Integration/Continuous Development (CI/CD) methodologies. • Application Modernization: Refactoring legacy applications to modern application principles using containers, microservices, and event-based architectures. CDW AMPLIFIED™ Data Services help customers make data-driven decisions by leveraging the benefits of a modernized data warehouse. Data Services also provides Artificial Intelligence (AI) and Machine Learning (ML) services for clients to develop actionable insights and realize the full benefit of their data warehouse. Data Services includes: • Data Modernization: Builds solutions to modernize Data Warehousing applications using multiple vendor platforms • Data Analytics: Creates advanced data visualizations and analytics solutions utilizing vendor platforms from Microsoft, AWS, Google, Splunk, and Tableau • AI and ML: Builds and deploys AI/ML solutions for operationalizing customer data that can help predict and proactively respond to emerging market trends and demand CDW AMPLIFIED™ Support Services deliver custom warranty, maintenance, and technical support services that augment a customer’s IT staff so they can focus on maximizing business outcomes. Support Services includes: CDW Technology Support Service (CTS): Provides a 7x24 single point of contact support for technical and maintenance support on Cisco, Microsoft, and Palo Alto Networking products. Our expertise provides faster response times and more cost- effective solutions when compared to OEM branded technical support. E-Learning Technical Support: Our IT and AV support professionals provide a highly responsive Level 1 service desk for Educational institutions that rely on hybrid or remote learning for their student’s educational needs. Staff Augmentation Services: Many managed service providers offer IT staff augmentation as part of their service offerings. What differentiates CDW•G’s Technical Resourcing is our 20+ years of experience providing IT services and solutions and our sole focus on Information Technology and Engineering resourcing. As an IT engineering company that provides advanced Application Services, DevOps, Cybersecurity, Cloud Architecture, and Big Data, we understand the skill sets and experience a member needs. Members can be confident in CDW•G’s ability to identify candidates that meet the technical requirements of the role. This level of technical acumen uniquely positions us to help Members fill their most challenging IT staffing requirements seamlessly and expediently. 95 Cobb County Purchasing, Technology Product Solutions and Related Services 56 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). We use the same recruiting team to attract candidates for internal postings and customer positions. This provides us a competitive edge compared to other staffing firms that do not have the domain knowledge or bench of proven candidates. Our strength and value lies in providing a white-glove experience compared to other staffing MSPs. Our recruiters do not just gather and forward resumes from job postings. Instead, each recruiter discusses the role with the hiring manager to understand both the client culture and the soft and hard skills needed for a successful placement. Our goal is to respond with one to two quality candidates within a week of meeting the hiring manager. Our experience is we can fill 81% of the openings with one or two candidates, cutting down on time spent in multiple interviews . Project Management Services CDW•G’s Project Management Office’s (PMO) mission is to drive excellence and leadership in Project and Program Management for all of our customers. We leverage a proven methodology based on the Project Management Institute’s (PMI) standards and best practices while tailoring projects to meet business outcomes and requirements. Our PMO is an active member of the PMI Global Executive Council whose role is to lead and direct the future of the project management profession and ensure its continued growth and success. We have over 160 customer-facing Project and Program Managers, with over 70 being PMP Certified. Our project methodology is scalable to any project size, customer-value driven, and flexible enough to integrate with your member’s methods as needed. By being PMI aligned, we focus on communication, quality management, and continual improvement during all phases of the project. More information on these phases is described below. Project Initiation confirms the initial contract, the scope of work, resource requirements, prepares the kickoff meeting. Planning focuses on discovering and understanding requirements and stakeholders, communication plans, and delivers the project plan. Execution manages the design, implementation, testing, and migration of services, coordinating CDW engineers and the member’s project resources. Closure finalizes the handoff to operational support, project closure documentation, and final project closure meetings. The closeout meeting is also the opportunity to review the customer’s perspective of success and lessons learned during the project. Monitor and Control occur throughout the project’s lifecycle to ensure that the project status, budget, and milestones are monitored and reported on a timely basis. 96 Cobb County Purchasing, Technology Product Solutions and Related Services 57 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Experience [RFP 5.4] Include a list of the five (5) most relevant or comparable contracts completed by your firm during the past five (5) years with a public entity. For each contract, provide the following information. a. Scope of services/contract description. b. Dollar value of contract. c. Assigned project personnel. d. The contracting entity’s contact person, current phone number, and current e-mail address as reference information. Reference 1 Client Name: Collier County, FL Scope of Services/Contract Description Collier County utilizes the OMNIA Partners contract (formerly National IPA) for all goods and services that CDW is able to source for them. Typical manufacturers include, but are not limited to, Cisco, Vmware, CrowdStrike, NetApp, APC, Microsoft, and Dell. Dollar Value of Contract $4.3M Annually Assigned Project Personnel Name Anson Hira, Advanced Technology Account Executive Name Kyle Johnson, Executive Account Manager Name AJ Lucci, Regional Manager POC Name Mark Fowski Telephone 239-252-8322 Email mark.fowski@colliercountyfl.gov Reference 2 Client Name: Orange County, FL Scope of Services/Contract Description Orange County utilizes the Sourcewell contract for all goods and services that CDW•G is able to provide or source. CDW•G has provided professional services of advanced technology solutions including, but not limited to: MS Exchange, MS Active Directory, M365, VMware, Nutanix, Juniper, PeopleSoft, Security managed services, and Staff Aug personnel. Dollar Value of Contract $10.1M Assigned Project Personnel Name Anson Hira, Advanced Technology Account Executive Name Kyle Johnson, Executive Account Manager Name AJ Lucci, Regional Manager POC Name Mack RiCharde Telephone 407-836-5200 Email mack.richarde@ocfl.net Reference 3 Client Name: Nashville Electric Service Board, TN Scope of Services/Contract Description NES has approved the NIPA Corporative contract for all CDW•G purchases. They have been utilizing this contract since 2015. CDW•G has performed the following services for NES: 97 Cobb County Purchasing, Technology Product Solutions and Related Services 58 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). ServiceNOW Integration, Splunk Installation and Data Migration, Nutanix install and configuration and Wireless Site Survey. Dollar Value of Contract $1.5M Assigned Project Personnel Name Robert Sullivan, Executive Account Manager Name Griffin Curcio, Executive Account Manager Name Austin Hudson, Nashville Advanced Technology Account Executive POC Name Matt Dodd Telephone 615-747-3199 Email hdodd@nespower.com0 Reference 4 Client Name: City of Boca Raton Scope of Services/Contract Description City of Boca Raton has leveraged the OMNIA Technology Contract through CDW•G for 90% of their IT Hardware and Software needs for more than 7 years. In addition, the city has utilized our Affiliate, Sirius, a CDW company, for nearly the same tenure as their primary IT professional services provider. Dollar Value of Contract $2.7M Annually Assigned Project Personnel Name Ray Clyne, Advanced Technology Account Executive Name Roger Heroux, Executive Account Manager Name AJ Lucci, Regional Manager POC Name Jolyn Avery Telephone 561-367-7062 Email javery@myboca.us Reference 5 Client Name: City of Atlanta Scope of Services/Contract Description The City of Atlanta has awarded CDW•G their hardware/software sourcing contract over the course of the past 14 years for four, consecutive contract cycles. CDW•G was the sole- awardee for two of the four contract awards, including the flagship contract. In addition to the Hardware/Software sourcing contract, CDW•G provides professional IT services for the city, including all agencies in the “General Fund”, as well as Atlanta Department of Watershed management and Atlanta Department of Aviation, Hartsfield Jackson International Airport. Dollar Value of Contract $14.2M Annually Assigned Project Personnel Name Dan Gallagher, Advanced Technology Account Executive Name Mike Zorica, Executive Account Manager Name AJ Lucci, Regional Manager POC Name Errika Stewart Telephone 404-330-6204 Email estewart@atlantaga.gov 98 Cobb County Purchasing, Technology Product Solutions and Related Services 59 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Product Information/Service Capability [RFP 5.5] a. Provide detailed information on service capability and the availability of service centers for maintenance and repairs on a national level. Indicate how many authorized service centers will be available for each state. Will pick up and delivery services be available for service of large equipment items? For today’s State, Local, and Education leaders, the speed of digital priorities is critical to success. Yet, technical complexities can slow progress. Our full-stack engineering services team focuses on digital transformation — from code and applications to cloud, data and security — to help our SLED customers accelerate innovation, enhance citizen experiences and optimize collaboration, all while delivering agility and cost efficiencies. We maintain a working ecosystem of coworkers and partners to address the myriad service requirements of our customers. Figure 17: Full Stack Lifecycle Service Centers Our operational footprint is abundantly national, with offices located in every region and two state-of-the-art distribution centers strategically located for the fastest possible service. In addition to our local branches, we have over 1,100 services professionals and a fast-growing network of trusted service and solutions partners. The number of authorized service centers depends on many factors so we cannot give a definite number at this point. However, we can explicitly confirm we have authorized service centers available for any agency who wishes to purchase off this contract. Break-Fix We typically provide break/fix services through our partner network, though we can do that through a managed service as well. The choice of partner network depends on a multitude of factors including location in the United States, brand of product, budget, turnaround time, etc. Our team is happy to discuss in further detail regarding a particular instance. Config. Centers 99 Cobb County Purchasing, Technology Product Solutions and Related Services 60 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). OMNIA Partners Members can rely on CDW•G to preconfigure their technology solutions and provide custom turnkey solutions for plug and play deployment. We offer a wide array of services to address the various tasks involved in configuration projects including hardware and software installation and configuration, domain integration, branding, labeling, asset management, delivery & distribution. Two State-of-the-Art Configuration Centers ISO and PCI certified configuration centers ISO 9001 Quality ISO 14001 Environmental ISO 20243 Risk Management ISO 27001 Information Security ISO 28000 Secure Supply Chain CDW•G operates redundant, environmentally controlled ISO and PCI certified centers in Vernon Hills, IL, and North Las Vegas, NV to provide faster delivery and reduced shipping expense. Our Distribution and Integration Centers have a combined one million sq. ft. including 75,000 sq. ft. dedicated to configuration and another 50,000 sq. ft. dedicated to staging. CDW can scale to meet your needs. Local Branches CDW is headquartered just outside of Chicago, Ill., and we have 28-plus local branch offices throughout the United States and Canada. So, chances are, we’re within driving distance of your office. And even if a customer is located in an area without a local branch, our network of trusted service providers — all trained to follow the same consistent approach, processes, methodologies and professional manner of CDW badged engineers — ensure that your organization will still get the full attention and resources it deserves. Depending on the location and particulars of the system or product that needs servicing, costs can vary. Due to this complexity, our team will work with each agency as needs arise to provide a custom State of Work that includes costs to the customer. Pick-Up & Delivery We can facilitate pickup and delivery services for an additional cost. Regarding delivery of large equipment, we maintain our own inventory and relationships with the top delivery providers to ensure timely and safe delivery. We also have direct relationships with major manufacturers where we can leverage their dropship channels for delivery. In our experience, the type of pick-up services that our customers require vary. As a result, we require more details to document our process. However, we will work with all customers to accommodate requested pick-up services and their unique specifications. Vernon Hills, IL 450k square feet Capacity for up to 10k+ configurations per day Las Vegas, NV 513k square feet Capacity for up to 10k+ configurations per day 100 Cobb County Purchasing, Technology Product Solutions and Related Services 61 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Configuration Services Overview Cobb County and OMNIA Partners can rely on CDW•G to preconfigure their technology solutions and provide custom turnkey solutions for plug and play deployment. We offer a wide array of services to address the various tasks involved in configuration projects including hardware and software installation and configuration, domain integration, branding, labeling, asset management, delivery & distribution. Our Configuration Centers roll out 2,600,000 products every year - more than 10,000 custom units a day. Capabilities Overview Our configuration team can provide many services, including: Hardware Integration: Including installation of memory, hard drives, NIC cards, video cards and a variety of other components. Software Configuration: Your computers, mobile devices and servers will come with OSs and apps pre-installed. We offer White Glove Service to prep and provision Chromebooks. Custom Imaging: Including image creation, maintenance and deployment, we can host a secondary server to connect to your SCCM or other image deployment server via VPN. Customizable options include pre- and post-imaging tasks like domain join and security upgrades. Rack Configuration: We mount and configure your network and security devices, rack- mount servers, chassis blade servers, storage, KVMs, UPSs and PDUs into a rack structure, then cable and label before shipping. Mobility Services: We configure and activate your tablets, phones, handhelds and Wi-Fi hotspots. Additionally, services that include MDM enrollment, App installations, IOS and Android updates are also available. Custom Laser Engraving: Your logos and other important information can be engraved onto notebooks, mobile devices and other equipment. We can laser engrave static content and/ or one field of dynamic content, such as the device serial number. Asset Tagging and Reporting: You have the option to use CDW/CDW•G-branded labels, customer-provided labels, or our team can build custom labels that we print on-demand, including UID/IUID identification labels for U.S. Government applications. Extensive information on your devices is available via the Order Reporting and Hardware Asset Management functions on your CDW Account Center. Network and Security Device Configuration: We configure firewalls, routers, switches, access points and IP phones for all the largest manufacturers. These services include system software/firmware upgrade or downgrade; uploading master configuration files; configuration of IP address, subnet mask and default gateway. All customization is based on your organization’s unique specifications. Burn-in Services: We run your devices for 12 hours or more to ensure all components are working properly. Custom Packaging: This includes kitting, palletization, inserts and welcome letters and box labeling. Buy and Hold Services: This allows you to purchase products and have them held in a secure location anywhere from three months up to a year. CDW handles the configurations, customizations, logistics and shipping requirements to ensure your pre- defined deployment schedule is met. 101 Cobb County Purchasing, Technology Product Solutions and Related Services 62 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Configuration Services Project Management CDW•G offers Configuration Services Project Management which works to ensure the success of projects and ongoing programs. Here are some of the key PM activities. Serve as the main point of contact (POC) for overall project communication, including escalations Communicates expectations and holds Internal CDW Services team accountable for meeting project timelines Establish and manage project schedule and expectations The schedule is based on the customer's expected delivery and deployment dates and well as approved SLA and configuration volume commitment from the CDW Services Team Schedules are subject to change. Schedule crashing may result in higher cost to meet increasing demand and/or it may not be feasible to meet requested deadlines due to insufficient planning and limited resource availability Manage rollout/delivery schedule Assign roles and responsibilities to members of the project team Conduct regular cadence calls with stakeholders (internal and/or external) Actively track and report status for open Configuration Services orders in the project Order and status reports on an agreed to schedule Format of reports can vary based on customer requirements and needs of the project Track and manage product availability for CDW Configuration Services to meet deployment schedule Manages escalated orders and changes in the schedule Escalate issues to management as needed Quality Assurance All Configuration Center workers are trained on CDW•G’s best practice quality assurance procedures that include a comprehensive check of each system we touch. First, we verify the compatibility of all components to be installed. Second, we verify that each component is installed properly, and the hardware installation is complete. Finally, we ensure that all hardware and software are functioning according to manufacturer specifications. Each step is completed by a qualified technician and verified by a QC technician. CDW is ISO 9001:2008 compliant and the names of the primary technician and QC technician are recorded for all orders. All team members are held accountable for adhering to our quality assurance procedures. If any issues are encountered, CDW•G will contact you immediately to resolve the issue. CDW•G also offers a Burn-in Service (available in 12 hour increments) which includes running a diagnostic program (where applicable) to test basic functionality. This service is designed to reduce the number of items that fail after a short period of use. 102 Cobb County Purchasing, Technology Product Solutions and Related Services 63 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Any defective or damaged devices that are discovered during the configuration or warehousing process will be removed from stock and replaced with new, functional devices. The damaged or defective devices will be returned to the manufacturer on CDW•G’s behalf. This process will not require the customer’s involvement and should happen transparently to the customer. Additional notes for Imaging and Software configurations: CDW•G has a team of engineers, technicians and team leaders trained to work on image and software deployments. Customer specific deployment instructions are strictly followed to ensure your devices are imaged and configured your way. Managed Services - Service Levels CDW’s Managed Services offerings allow Cobb County and OMNIA Partners to contract for support of your networks, systems, databases, and select applications. Our modular approach to IT management allows you to select services that best support your individual organization goals and current capabilities. CDW•G provides three levels of managed services: Advanced Monitoring Proactive Maintenance Availability Management Each of the levels encompasses the previous levels (i.e. Silver includes Bronze). There is no loss in service when moving to a more comprehensive level, meaning that no operational tasks are lost when moving between levels. Advanced Monitoring (Bronze) Advanced Monitoring includes comprehensive monitoring and alerting for supported technologies. In addition to basic availability monitoring of devices and services, CDW also provides error/exception monitoring, threshold monitoring and performance utilization monitoring. All monitoring data is available through a web-based reporting engine. Proactive Maintenance (Silver) Proactive Maintenance includes patching services. CDW proactively monitors vendor patch availability, analyzes patch necessity and priority, and applies recommended patches to your system. Availability Management (Gold) Availability Management includes break/fix engineering support and an SLA for device availability. CDW’s SLA for all Gold level modules is a 99.9% monthly services uptime guarantee. Additional details for all three service levels are outlined in the table on the following page. 103 Cobb County Purchasing, Technology Product Solutions and Related Services 64 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Table 3: Service Levels GOLD SILVER BRONZE 24/7/365Operations • • • Engineers on T&M Basis • • • Critical Service and Event Monitoring • • • SNMP Variables • • • Performance Thresholds • • • System Events • • • Client Alert Notifications • • • Performance Reporting • • • Proactive System Patching • • Hot Fixes • • Service Packs • • Firmware Updates • • Break/Fix Support • Change Control • Engineering Support • 99.9% Uptime SLA • Life Cycle Management • Predictable Monthly Fee • b. Provide available payment terms and payment methods – purchase order, credit card (procurement card), etc. If credit cards are accepted, may credit card payment(s) be made online? CDW•G accepts payment through: Credit Cards* (American Express, Discover, MasterCard, Visa) Checks EDI EFT (Electronic Funds Transfer) Procurement Cards With a credit card order, CDW•G requires the credit card information at the time you place the order. Please note that we do not accept credit cards for term accounts. CDW•G’s standard payment terms are net 30 days from the date the invoice is issued. While CDW•G appreciates prompt payment, we do not offer discounts for early payment. Prompt payment ensures that CDW•G is able to continue offering low prices while managing our costs. 104 Cobb County Purchasing, Technology Product Solutions and Related Services 65 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Payments can be made to the following addresses: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 105 Cobb County Purchasing, Technology Product Solutions and Related Services 66 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Pricing [RFP 5.6] a.Suppliers shall provide pricing based on a discount from a manufacturer’s price list or catalog. Priceslisted will be used to establish the extent of a manufacturer’s product lines, services, warranties, etc. that areavailable from Supplier and the pricing per item. Multiple percentage discounts are acceptable, if wheredifferent percentage discounts apply, different percentages are specified. Additional pricing and/ordiscounts may be included. •Include an electronic copy of the catalog from which discount is calculated. Electronic price lists mustcontain the following: (if applicable) – -Manufacturer part # -Supplier’s Part # (if different from manufacturer part #) -Description -Manufacturer’s Suggested List Price and Net Price -Net price to Cobb County, GA (net price shall include freight and any additional fees that may be chargedsuch as credit card processing, administrative fees, etc.) Media submitted for pricing must include the Supplier’s company name, solicitation name and bid #, and the bid opening date on a Flash Drive. b.Provide details of and propose additional discounts for volume orders, special manufacturer’s offers,minimum order quantity, free goods programs, total annual spend, etc. (if offered). c.If used, trade-ins, leasing/financing, or other offerings are available, provide applicable pricing anddiscounts. Catalog Pricing Cobb County Category Description Discount % from CDW•G Advertised* A Accessories (A) 6.75% B Power, Cooling & Racks (B) 5.00% C Desktop Computers (C) 3.00% C/DT PC Compatible Desktop Computer (DT) 2.10% C/DM Apple Desktops (DM) 0.50% D Data Storage/Drives (D) 5.50% E Enterprise Storage (E) 5.00% F Point of Sale/Data Capture (F) 4.25% H Servers & Server Management (H) 4.00% J** Services (CDW Delivered) (J) 0.00% L Notebook/Mobile Devices (L) 2.50% L/NM Apple Notebooks (NM) 0.50% L/NB Notebook Computers (NB) 2.10% L/NB/CBK Chromebooks (CBK) 0.00% L/RD Tablets (RD) 2.25% N NetComm Products (N) 5.50% O Carts and Furniture (O) 5.00% P Printing & Document Scanning (P) 3.00% Q** Services (Partner Delivered) (Q) 3.00% 106 Cobb County Purchasing, Technology Product Solutions and Related Services 67 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Cobb County R Client Configure-to-Order (R) 2.50% S Software (S) 4.00% T Collaboration Hardware (T) 4.25% V Video & Audio (V) 3.50% W Cables (W) 15.00% CDW•G will provide Customer with a discount as a percentage off of CDW•G’s Nationally Advertised Price (NAP) for the CDW•G defined Product Categories listed above, provided that Customer references this Agreement when placing an order with CDW•G. Prices include lowest ground freight within the 48 contiguous United States when referencing this Agreement. All orders are subject to CDW•G's st andard shipping policies in effect at the time of order placement. In those instances that call for express or overnight delivery, shipping costs will be pre-paid by CDW•G and added to the customer invoice. We reserve the right to amend our price offering to accommodate the negotiated and mutually agreed upon Administrative Fees. Clarifications * “Advertised Price” or "Nationally Advertised Price" or "NAP", refers to CDW-G's List Price, a publicly available and verifiable price at cdwg.com ** These are services tied to CDW•G internal taxonomy J and Q, which includes subset of offerings such as configurations, warranty, and specific installation services, and are not subject to a Statement of Work. These do not include the services broken out in the individual tabs, including other professional services, which require a mutually executed Statement of Work between CDW•G and Customer. Infrastructure as a Service Cloud Service Providers Provider Discount off MSRP Amazon Web Services 0% Google Cloud Platform 0% Microsoft Azure 0% Our Infrastructure as a Service portfolio of AWS, GCP, and Azure is offered in conjunction with our Managed Cloud as a Service. ServiceNow Solutions PaaS Offering Option Discount off MSRP ServiceNow IT Service Management Professional – Unrestricted User 2 0% (5% off CDW•G NAP) ServiceNow Integrated Risk Management Professional – IRM User 0% (5% off CDW•G NAP) If there is a CDW•G Nationally Advertised Price (NAP) available for above offerings, OMNIA Members will receive a discount of 2% off CDW•G NAP. The NAP is publicly available 107 Cobb County Purchasing, Technology Product Solutions and Related Services 68 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). pricing for hundreds of thousands of offerings available 24/7, which is competitively benchmarked with competitive market conditions and adjusted frequently to provide a transparent public auditable index. If NAP doesn't exist, then CDW•G will rely on MSRP pricing available to CDW•G or based on CDW•G quoted price. Digital Velocity Solutions Role Hourly Rate DVS F-CTO $350.00 DVS Digital Strategy Consultant $305.00 DVS Digital Product Strategist $270.00 DVS Principal Engineer / Tech. Lead $350.00 DVS Architect $300.00 DVS Senior Engineer $250.00 DVS Engineer $225.00 DVS Associate Engineer $200.00 DVS Program Manager $245.00 DVS Sr. Technical Project Manager $230.00 DVS Technical Project Manager $205.00 DVS Project Coordinator $165.00 CDW•G’s full-stack engineering services team, a part of a specialized group identified as Digital Velocity Solutions (DVS), focuses on digital transformation from code to cloud, and data center to database. The roles listed below are for the skilled engineers that make up this practice. For this proposal, we are offering the following DVS roles: DVS F-CTO DVS Digital Strategy Consultant DVS Digital Product Strategist DVS Principal Engineer / Tech. Lead DVS Architect DVS Senior Engineer DVS Engineer DVS Associate Engineer DVS Program Manager DVS Sr. Technical Project Manager DVS Technical Project Manager DVS Project Coordinator The responsibilities of each role are dependent on the statement of work breakdown in the specifics of the project. All of these roles work within the Digital Velocity Solutions team and uphold the go-to-market strategy of DVS. 108 Cobb County Purchasing, Technology Product Solutions and Related Services 69 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Managed Services Managed Service Monthly Price* Basic / Essential / Premium Support for AWS, GCP, and AZURE Fees are based on a percentage of the customer’s actual consumption of AWS, GCP, Azure services. Basic Service - $0K to $10K As Invoiced Basic Service - $10K to $250K As Invoiced Basic Service - $250K+ As Invoiced Essential Service - $0K to $35K As Invoiced Essential Service - $35K to $75K As Invoiced Essential Service - $75K+ As Invoiced Premium Service - $0K to $100K As Invoiced Premium Service - $100K to $250K As Invoiced Premium Service - $250K+ As Invoiced *If CDW•G is billing the customer for Basic consumption, no pricing uplift is applied. ServiceNow Solutions Role Hourly Rate ServiceNow Associate Project Manager $165 ServiceNow Associate Consulting Engineer $170 109 Cobb County Purchasing, Technology Product Solutions and Related Services 70 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). ServiceNow Engagement Manager $235 ServiceNow Business Process Consultant $255 ServiceNow Principal Consultant $275 ServiceNow Organizational Change Management Consultant $275 ServiceNow Integration Expert $250 ServiceNow Quality Assurance Expert $200 ServiceNow Solution Architect $255 ServiceNow Technical Consultant / Developer $220 ServiceNow Trainer $235 A continuation of our ServiceNow solutions practice as listed above in our managed services category, this section of ServiceNow solutions related services pricing encompasses several roles that Cobb County and OMNIA Partners can successfully utilize in the creation and implementation of ServiceNow solutions initiatives and projects. Amplified IT SaaS Offerings* Option Discount off MSRP Gopher products 2% Little SIS 2% Amplified Services Google for Education (GFE) Option Discount off MSRP GFE Audit - K-12 2% GFE Audit - Higher Ed 2% GFE KickStart Package 2% GFE Support - Support Hours 2% GFE Support - 20 Support Hours 2% GFE Support - 40 Support Hours 2% GFE Support - Adhoc Support Hours 2% North American GFE Technical Collaborative 2% GFE Training/Consultancy - Full Day Onsite 2% GFE Chrome Checkup 2% Amplified IT Training Option Discount off MSRP Amplified IT Admin Level 1 Certification Training - Self-Paced 2% Amplified IT Admin Level 2 Certification Training - Self-Paced 2% Amplified IT Admin Security Specialist Certification Training - Self-Paced 2% Amplified IT Admin Security Bundle 2% *These services are available to education entities only. 110 Cobb County Purchasing, Technology Product Solutions and Related Services 71 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Staff Augmentation Role Standard Mid- Level Senior Infrastructure Architects $170.00 $180.00 $195.00 Solutions Architects $175.00 $195.00 $215.00 Site Reliability Engineers $185.00 $195.00 $205.00 Network Administrators $100.00 $115.00 $125.00 Network Engineers $135.00 $150.00 $165.00 Network BAs/BSAs $130.00 $135.00 $140.00 Systems Administrators $115.00 $130.00 $145.00 Systems Engineers $140.00 $155.00 $170.00 Systems BAs/BSAs $135.00 $145.00 $155.00 Storage Engineers $165.00 $160.00 $195.00 Virtualization Engineers $135.00 $155.00 $180.00 Salesforce Administrators $125.00 $155.00 $185.00 Salesforce Engineers $175.00 $195.00 $215.00 Salesforce Developers $165.00 $175.00 $185.00 ServiceNow Administrators $155.00 $165.00 $175.00 ServiceNow Engineers $165.00 $180.00 $195.00 ServiceNow Developers $150.00 $165.00 $180.00 SolarWinds Engineers $165.00 $180.00 $205.00 AWS Engineers $185.00 $205.00 $225.00 AWS Developers $170.00 $175.00 $180.00 Azure Engineers $180.00 $195.00 $215.00 Azure Developers $135.00 $145.00 $160.00 GCP Engineers $200.00 $235.00 $265.00 GCP Developers $200.00 $235.00 $265.00 Front-end Developers $165.00 $170.00 $175.00 Back-end Developers $170.00 $180.00 $185.00 Scala Developers $200.00 $215.00 $225.00 Project Managers $135.00 $150.00 $165.00 Scrum Masters $165.00 $180.00 $195.00 DevOps Engineers $165.00 $175.00 $190.00 Software Development Engineer in Test $170.00 $180.00 $195.00 InfoSec Analysts $145.00 $160.00 $175.00 Quality Assurance Analysts $140.00 $150.00 $160.00 Quality Assurance Engineers $140.00 $150.00 $160.00 The market for qualified resources is more competitive than ever and finding reliable talent can be difficult. CDW•G’s Staff Augmentation services take the hassle out of resourcing. We maintain relationships with thousands of qualified resources and provide organizations with the best candidates the first time around. Whether Cobb County and OMNIA Partners need a resource for just a few weeks, several months, semi-permanent, or permanently, our critical 111 Cobb County Purchasing, Technology Product Solutions and Related Services 72 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). TTM (Time to Market) solutions will help Cobb County and OMNIA Partners scale up or down rapidly depending on where they are in the project lifecycle. Managed Services Application Item Rate Microsoft System Center Configuration Manager (SCCM) - Gold $517.50 Microsoft Active Directory - Small Environment 2-10 DCs - Gold $545.10 DHCP Support add to MS AD above $155.94 Microsoft Active Directory - Medium Environment 11-20 DCs - Gold $828.00 Microsoft Active Directory - Large Environment 21+ DCs - Gold $1,587.00 Microsoft Active Directory Federation Services (ADFS) - Gold $745.20 Mimix/iTERA for iSeries - Gold (Priced PER "a" and "b" side) $207.00 Managed Services Backup Item Rate IBM Tivoli Storage Manager Gold $2,070.00 Commvault RMS Backup Environment SM: 1-250 VMs - Gold $1,138.50 Cohesity RMS SM: 1-250 VMs - Gold $1,138.50 Commvault RMS Backup Environment Med: 251-600 VMs - Gold $1,656.00 Commvault RMS Backup Environment Large: 601-1000 VMs - Gold $2,070.00 Commvault RMS Backup Environment XL: 1000+ VMs - Gold $2,622.00 Veeam RMS SM: 1-250 VMs - Gold $1,138.50 Veeam RMS Med: 251-600 VMs - Gold $1,656.00 Veeam RMS Lrg: 601-1000 VMs - Gold $2,070.00 Veeam RMS XL: 1000+ VMs - Gold $2,622.00 EMC Avamar RMS SM: 1-250 VMs - Gold $1,138.50 EMC Avamar RMS Med: 251-600 VMs - Gold $1,656.00 EMC Avamar RMS Lrg: 601-1000 VMs - Gold $2,070.00 EMC Avamar RMS XL: 1000 VMs - Gold $2,622.00 EMC Data Domain - Gold $2,070.00 Microsoft System Center DPM - SM <100 - Gold $1,656.00 Microsoft System Center DPM - Med 100 - 500 - Gold $2,070.00 Microsoft System Center DPM - Lrg >500 Gold $2,622.00 Microsoft System Center DPM - XL - Gold $3,312.00 Managed Services OS Item Rate Windows O/S - Gold $77.63 Linux O/S (Red Hat/ SUSE) - Gold $155.94 AIX O/S - Gold $295.32 IBM System I - Gold $1,242.00 Managed Services Security Item Rate Cisco ASA - Gold $560.28 Cisco Firepower Services (Per Sensor) - Gold $313.26 Cisco Firepower Threat Defense - Gold $614.10 Palo Alto Firewall wo Panorama - Gold $523.02 112 Cobb County Purchasing, Technology Product Solutions and Related Services 73 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Palo Alto Firewall w Panorama - Gold $523.02 Palo Alto Panorama - Gold $253.92 Cisco Identity Services Engine (ISE) - Gold $513.87 Fortinet Firewall wo FortiManager – Gold $523.02 Fortinet Firewall w FortiManager – Gold $523.02 Fortinet FortiManager – Gold $253.92 Fortinet FortiAnalyzer – Gold $77.28 Cisco Umbrella - Gold (Per User) $0.84 Managed Services Virtualization Item Rate VMware ESXi - Gold $200.10 Nutanix AHV - Gold $200.10 Microsoft Hyper-V - Gold $200.10 Managed Services Storage Item Rate Controller: IBM Storage Virtualization (priced per controller) - Gold $1,035.00 Storage: Disk per 1 TB Raw [For first 100 TB] - Gold $16.56 Storage: Disk per 1 TB Raw [For TBs over 100 TB] - Gold $2.21 SAN Switch - Gold $227.70 Controller: NetApp (Priced per controller) - Gold $1,035.00 Controller: EMC (Priced per controller) - Gold $1,035.00 Controller: IBM (Priced per controller) - Gold $1,035.00 Managed Services UC Item Rate Call Control: Cisco Analog Voice Gateway- Gold $18.63 Call Control: Cisco CUCM/IM&P Server - Gold $517.50 Call Control: Cisco Unity Connection (UCONN) - Gold $379.50 Call Control: Cisco Voice Gateway - Gold $69.00 Call Control: Cisco Business Edition 6000 Lifeline - Gold $772.39 Call Control: Cisco Attendant Console (CUxAC) - Gold $517.50 Call Control: VistaPoint Attendant Console - Gold $517.50 Call Control: Cisco Call Manager Express - Gold $172.50 Call Control: Cisco Unified Border Element (CUBE) - Gold $172.50 Call Control: Cisco Prime License Manager (ELM/PLM) - Gold $138.00 Call Control: Cisco Prime Collaboration Deployment - Gold $138.00 911: Cisco Emergency Responder (CER) - Gold $379.50 Voice Mail: Cisco Unity Express - Gold $172.50 Notification: InformaCast from Singlewire - Gold $379.50 Call Experience Testing - 2CPH - Gold $472.10 Managed Services Contact Center Item Rate Contact Center: Exony Virtual Integration Manager (VIM) - Gold $450.00 Contact Center: Unified Contact Center Enterprise Server (UCCE) - Gold $434.70 113 Cobb County Purchasing, Technology Product Solutions and Related Services 74 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). (Includes: CVP Call Server, CVP Reporting Server, CVP VXML Server, Call Server, Data Server. Administration Server (AW-HDS-DDS), Historical Data Server (HDS), Client Administrative WorkStation (Client AW), Central Controller, Dialer, Logger, CUIC, Rogger, and Peripheral Gateway (PG). ) Contact Center: Cisco / Calabrio Quality Management (QM) - Gold $434.70 Contact Center: Cisco / Calabrio Workforce Management (WFM) - Gold $386.40 Contact Center: Virtualized Voice Browser (VVB) - Gold $103.50 Contact Center: UCC Express (UCCX) / Finesse - Gold $434.70 (Contact Center Express, Cisco Finesse, or IPIVR/VRU) Contact Center: Cisco Unified Intelligence Center - Gold $432.54 Contact Center: SocialMiner - Gold $434.70 Contact Center: 2Ring Dashboards and Wallboards - Gold $434.70 Contact Center: Email Interaction Manager (EIM/WIM/CIM) - Gold $434.70 Contact Center: Enterprise Chat and Email (ECE) - Gold $434.70 Contact Center: eGain Analytics - Gold $386.40 Contact Center: ESNA Cloudlink - Gold $138.00 CVP: CVP Operations Console - Gold $386.40 CVP: SIP Proxy (CUSP) - Gold $193.10 CVP: Ingress Gateway - Gold $103.50 CVP: VXML Gateway - Gold $103.50 Bucher and Suter (Connector for Salesforce.com) - Gold $138.00 Managed Services UC Video Item Rate Cisco WebEx Meetings Server (CWMS) - Gold $379.50 Cisco WebEx Cloud Connected Audio - Gold $424.81 Cisco Meeting Place Express - Gold $379.50 UC Video: Cisco Meeting Server (CMS) - Gold $207.00 UC Video: Cisco Meeting Manager (CMM) - Gold $207.00 UC Video: Cisco Telepresence Content Server - Gold $379.50 UC Video: Expressway-C / Expressway-E - Gold $207.00 UC Video: Telepresense Management Suite (TMS) - Gold $517.50 Cisco Webex Hybrid Directory Connector - Gold $207.00 UC Video: PEXIP Infinity / Infinity Connect Management Node - Gold $207.00 UC Video: PEXIP Infinity / Infinity Connect Conferencing Node - Gold $207.00 UC Video: MSE Chassis - Gold $138.00 UC Video: MCU MSE Blade - Gold $103.50 UC Video: Gateway (GW) MSE Blade - Gold $103.50 UC Video: Endpoint Management - Gold $69.00 UC Video: Telepresense Server Blade - Gold $103.50 UC Video: Telepresense MCU - Gold $103.50 Managed Additional Services Item Rate Managed Services Engineering and Consulting $240.00 114 Cobb County Purchasing, Technology Product Solutions and Related Services 75 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). These rates are subject to re-evaluation after the initial 3-year contract term. Time and materials support - out of scope services Hourly price is $240 Recurring services are subject to monthly minimum fees and time and materials support is subject to additional terms Unscheduled after hours support is 2x hourly rate with a 2 hour minimum requirement Managed Services Application requires a specific Statement of Work executed between the customer and CDW•G. Managed cloud services operate in conjunction with a consumption-based model and are calculated on a solution-specific basis. Other Professional Services Role Hourly Rate Associate Consulting Engineer $175.00 Consulting Engineer $215.00 Senior Consulting Engineer $225.00 Technical Lead / Principal Consulting Engineer $255.00 Enterprise Consulting Architect $255.00 Business Consulting Analyst $245.00 Project Administrator $165.00 Project Manager $210.00 Senior Project Manager $215.00 Enterprise Project Manager, PMO Lead $230.00 Program Manager $230.00 Technical Architect $350.00 Incident Responder/Forensic Analyst $350.00 Our project managers and consultants work directly with you to design and implement every facet of Cobb County and OMNIA Partners solutions. After assessing the current environment and business objectives, we’ll produce a detailed project blueprint. Partnering with existing staff, CDW•G will oversee the full implementation of the solution. We will conduct a quality assurance methodology and troubleshoot as necessary. An in-depth closeout meeting to make sure Cobb County and OMNIA Partners are ready to take the reins. Our end-to-end support ensures that the solution can improve customer experience, increase efficiency, and free up your team to focus on what matters. CDW•G services offer you an unusual combination of the close relationship and easy access of a local provider who understands Cobb County and OMNIA Partners environment inside and out, and the scale, efficiency, and resources of a multinational provider. Our deep expertise across a full range of integrated technology solutions backed by deep industry specialization allows us to provide flexible, end-to-end services to our customers. Our on-demand resources assist and scale your IT team's needs, freeing them up to focus on delivering bottom-line value and innovation. CDW•G understands each solution is unique and For all hourly rates proposed by CDW•G in this pricing file and contained within our proposal, our offer is contingent on a 5% year over year escalation, on the contract's annual anniversary date, which will act as a not to exceed rate. 115 Cobb County Purchasing, Technology Product Solutions and Related Services 76 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G has been very successful in managing labor rates during unstable market conditions including taking advantage of our vast in-house, in-market resources and certified, approved subcontract pool while also leveraging remote services, where practical and applicable. During the contract term, CDW•G reserves the right to propose changes to labor rate categories to reflect extraordinary market conditions which might impact labor rates and present to Cobb County and OMNIA Partners for review and approval. Cobb County and OMNIA Partners will review and approve such rates through a mutually agreed upon amendment no later than 30 calendar days upon presentation. Services requiring a specific Statement of Work (SoW) must be mutually executed between the customer and CDW•G before work begins. We have provided a sample SoW in Appendix A. OMNIA and its members/participating entities acknowledge that CDW•G is not the provider of the Cloud Services and in purchasing the Cloud Services, Cobb County, OMNIA, and its members/participating entities rely only on the Cloud Service Provider’s service descriptions and the terms and conditions set forth in the Cloud Provider’s Services Terms and Conditions. Accordingly, Cobb County and OMNIA Partners shall consider the Cloud Service Provider to be the party responsible for providing the Cloud Services and Cobb County, OMNIA Partners, and its members/participating entities, may be required to execute additional agreements, prior to provisioning/purchase of certain cloud offering." For any service engagement, if there are applicable Travel and Expenses (T&E) charges, they will be agreed and mutually executed upon in a comprehensive Statement of Work. However, CDW•G will utilize its national footprint of service providers and in-market engineers. We also utilize remote technologies and services where applicable to mitigate such expenses. For all non-cloud consumption-based offerings, our price list can be found at the following link: CDW Premium Page - Cobb County Purchasing Department (cdwg.com) CDW•G is excited by the prospect of supporting Cobb County and OMNIA Partners in their mission to create a relevant yet flexible contract solution to provide IT solutions among public sector entities. To this effect, we’ve developed this page to fulfill the request for electronic price lists (where applicable) as outlined in the RFP. On this landing page, evaluators can access solution information (Manufacturer Part #, CDW•G part #, Description, Nationally Advertised Price, and Price to Cobb County) by clicking on the “Contracts” page, then clicking the available link, and then selecting the category of interest for relevant solutions. This price list includes, where applicable, manufacturer part number, offeror part number, description, manufacturers suggested list price and net price, and net price to OMNIA Partners. Cloud offerings are constantly evolving and increasingly complex, with a range of subscription and consumption-based offerings, SaaS, IaaS, PaaS, among others. CDW•G’s pricing is based on publisher list price (MSRP), where available to CDW•G. In cases, where MSRP pricing is not available and/or the offering is unique, pricing will be based on CDW•G quoted price. This structure provides the necessary flexibility, to enable OMNIA Members/participating entities to make purchases offerings, as cloud offerings evolve, through life of our contract. AWS, Azure, and GCP utilize price calculators for typical engagements and other variables to determine price specific to customer’s needs. 116 Cobb County Purchasing, Technology Product Solutions and Related Services 77 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). For more information directly from each manufacturer, please visit the following links for more information: •Azure •AWS •GCP SaaS Pricing for Gopher Products and Additional SaaS for Amplified IT The offered pricing discount above applies to a la carte and bundle packages of Gopher applications. SaaS items are priced at a 2% Discount off MSRP. Amplified IT MSRP can be found at the following link: https://www.amplifiedit.com/msrp/ b.Subject to applicable law, Supplier represents that under this Agreement it will make reasonable commercial efforts to offer prices that are competitive with the prices Supplier offers to other similarly situated customers purchasing a comparable volume of the same products at the same time and under the same terms and conditions. When possible, our account teams will work with manufacturers to provide even deeper discounts to the competitive offering we are proposing. As we are leveraging our purchasing power in the marketplace, we are not at this time offering discounts on volume orders for this contract. This purchasing power allows us the ability to provide great prices, no matter if you purchase 1 item or 1,000 items. c.We do not plan to include leasing or financing options at this time, though if Cobb County and/or OMNIA Partners is interested in learning more, we have an entire team and partner network who can provide financing options. Financial Statements [RFP 5.7] Proposers shall submit a recent history of financial solvency and provide the following: a.Financial Statement: Include the most recent, independently certified financial statement. Financialstatements must include a balance sheet and income statement. b.Name and address of firm preparing the attached financial statement including a letter stating theindependent audit or review has been performed by the firm. c.State whether the Proposer has ever had a bankruptcy petition filed in its name, voluntarily orinvoluntarily. If yes, specify all relevant details. 117 Cobb County Purchasing, Technology Product Solutions and Related Services 78 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G cannot supply a Dun & Bradstreet report as it violates our contract with Dun & Bradstreet. Cobb County and OMNIA Partners can obtain a report for CDW•G from Dun & Bradstreet. CDW Government LLC’s Dun & Bradstreet number is: 02-615-7235. Our parent company, CDW Corporation, has a 5A3 D&B rating. CDW Corporation’s Dun & Bradstreet number is: 80-806-8253 As a publicly owned company, our financial statements are publicly available. A link to our 10k report can be found here. https://s23.q4cdn.com/113947819/files/doc_financials/2020/ar/CDW- 2020-Annual-Report-Form-10K.pdf Quarterly report link https://investor.cdw.com/financials/quarterly-results/default.aspx CDW•G has not had a bankruptcy petition filed in its name, voluntarily or involuntarily. As required with this RFP, we have included our Financial Ratio Evaluation Template, in which we scored a 3 on the Flash Drive. This document is titled CDWG Response to Cobb County OMNIA_RFP 23-6692_Financial Ratio Evaluation Template. 118 Cobb County Purchasing, Technology Product Solutions and Related Services 79 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). National Contract [RFP 5.8] a.Include a detailed response to Attachment A, Exhibit A, OMNIA Partners Response for NationalCooperative Contract. Responses shall highlight experience, demonstrate a strong national presence,describe how Supplier will educate its national sales force about the contract, describe how products andservices will be distributed nationwide, include a plan for marketing the products and services nationwide,and describe how volume will be tracked and report to OMNIA Partners. b.The successful Supplier will be required to sign Attachment A, Exhibit B, OMNIA Partners AdministrationAgreement, Suppliers shall have any reviews required to sign the document prior to submitting a response.Supplier’s response shall include any proposed exceptions to the OMNIA Partners AdministrationAgreement. a)We have included a detailed response to Attachment A, Exhibit A, OMNIA Partners Response for National Cooperative contract in the following section Supplier Response and included all applicable required forms in Appendix B: Required Forms. These sections thoroughly explain our experience, our strong national presence, how we will educate our national sales force, how products and services will be distributed nationwide, our marketing plan and how volume will be tracked. b)We understand we will be required to sign Attachment A, Exhibit B, OMNIA Partners Administration Agreement, Suppliers shall have any reviews required to sign the document prior to submitting a response. We have provided our proposed exceptions in Appendix E: Exceptions. We look forward to negotiating in good faith with Cobb County and OMNIA Partners. Supplier Response [RFP 3.0] Supplier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners. Company [RFP 3.1] A.Brief history and description of Supplier to include experience providing similar products and services. Founded in 1984, CDW LLC (CDW) is a leading provider of technology solutions to over 250,000 customers composed of small-, medium-, and large-sized public and private entities. CDW Government LLC (CDW•G) is a wholly owned subsidiary of CDW, incorporated in 1998 to address the specific needs of our government, education, and healthcare customers. Our unique company structure provides our customers products and services only a large national reseller can provide, combined with a local presence typical of a small business. We have a large manufacturer presence in our offices across the country and are blanketed in the field with our field account executives. To provide each customer with one contact who is knowledgeable of every nuance of their organization Account Teams are further segmented by agency type, Education (K12/High Ed) or Government. This allows us to provide each customer with one contact who is knowledgeable of every nuance of their organization. CDW•G is one of the largest direct marketing resellers in the US, currently carrying more than 100,000 name-brand technology products from over 1,100 leading IT manufacturers. CDW•G 119 Cobb County Purchasing, Technology Product Solutions and Related Services 80 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). delivers more than just products; we deliver IT solutions and services in a manner consistent with procurement guidelines and customer preferences. We offer flexibility in how customers engage with and buy from us. We have the subject matter experts to advise on the right IT solutions and the purchasing avenues to accommodate efficient and seamless procurement. We pride ourselves on our innovation and ceaseless desire to deliver an excellent customer experience. B. Total number and location of salespersons employed by Supplier. CDW•G currently employs more than 6,000 coworkers, part of our larger organization of 13,900 coworkers nationwide and in Canada, with more than 28 different locations. Located across the US, CDW•G has more than 1,225 Account Managers and 60 Advanced Technology Account Executives forming Account Teams segmented into five verticals: Higher Education, K-12 Education, Healthcare, Federal Government, and State & Local Government. At CDW•G, we connect our customers to their technology and unlock additional value that goes beyond the business challenges they need to solve. As IT solutions have evolved, we recognize that their utilization now means different things across the nation. Whether it’s State Agencies, Local Governments, Universities, or K-12 classrooms, we have adapted along with SLED customers’ changing needs to help them maximize their investments and identify new ways to make the IT products and related services truly work for them. Our sales force acts as the core of this effort. Employing an iterative approach to identifying, deploying, and adjusting IT solutions, our sellers and supporting teams ensure that customers have dynamic solutions addressing current and anticipated needs. Our Account Teams are organized geographically enhancing their knowledge of the local landscape including key partnerships and local practices for contracting. Supporting our Account Teams are technology specialists and engineers, including segment-specific experts, like our K-12 Classroom Strategists. All of these coworkers will act as an extension of our Account Teams in support of Cobb County and OMNIA Partners. Through their expertise in specific solution sets, our subject matter experts advise customers on the technology to make informed decisions in support of mission-critical objectives. Wherever Cobb County and OMNIA partners are located, CDW•G will meet these customers’ needs. Account Managers per segment: State and Local Government: ~225 Higher Education: ~200 K-12 Education: ~350 Healthcare: ~250 Federal Government: ~200 C. Number and location of support centers (if applicable) and location of corporate office. CDW•G Headquarters is located at 230 N. Milwaukee Ave., Vernon Hills, IL 60061. At CDW•G, our sales strategy is based on being a locally-focused organization with a national presence. We want OMNIA Partners to understand the breadth and depth of our organization. Our sales offices are widespread throughout the US., allowing our sales teams to be where OMNIA Partners are located. 120 Cobb County Purchasing, Technology Product Solutions and Related Services 81 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G has two warehouses and more than 25 US sales offices, including a state-of-the-art 5,000 sq ft office in the Nashville area. Our office locations include: Table 4: CDW•G Office Locations Office Locations Chandler, AZ Glendale, CA Shelton, CT Tampa, FL Chicago, IL Lincolnshire, IL Vernon Hills, IL Evansville, IN Indianapolis, IN Detroit, MI Grand Rapids, MI Minneapolis, MN Las Vegas, NV Cherry Hill, NJ Eatontown, NJ Cincinnati, OH Cleveland, OH Nashville, TN Dallas, TX Reston, VA Bellevue, WA Appleton, WI Madison, WI Milwaukee, WI Wausau, WI New York City, NY D. Annual sales for the three previous fiscal years. CDW•G is a wholly-owned subsidiary of CDW LLC. CDW•G has a consistent history of demonstrating continued revenue growth, as shown in the table below. OMNIA Partners should take note of that CDW•G itself is financially stable, and has the ability to leverage additional financial stability through CDW LLC. Net sales for the past three years have been the following Table 5: Annual Revenue CDW and CDW•G Annual Revenue Fiscal Year CDW Total Revenue CDW•G Revenue Contribution 2021 $20.82 Billion $8.18 Billion 2020 $18.47 Billion $8.13 Billion 2019 $18.03 Billion $6.9 Billion a. Submit FEIN and Dunn & Bradstreet report. FEIN CDW•G FEIN: 36-4230110 Dunn & Bradstreet Number: We appreciate the Cobb County’s request for our most recent Dunn & Bradstreet Business Report; however, providing copies of CDW•G’s Dunn & Bradstreet Business Report creates a breach of contract with Dunn & Bradstreet, and as such, Cobb County can choose to directly obtain a copy of the report using CDW•G’s Dunn & Bradstreet Number 02-615-7235. E. Describe any green or environmental initiatives or policies. CDW•G has long been conscious of our impact on the environment, especially regarding our energy consumption, and we have taken significant steps to effectively manage our consumption of resources and lessen our environmental impact. 121 Cobb County Purchasing, Technology Product Solutions and Related Services 82 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G recognizes the need for responsible environmental management and conservation of resources and has demonstrated its commitment to environmental management and principles of sustainable development through its beGreen™ program. The beGreen™ program provides coworkers a platform to reduce, reuse and recycle to make CDW•G’s operations leaner, more efficient and more environmentally responsible. Since the program's inception, we have seen overwhelming coworker participation in beGreen™. CDW•G has a cross-functional team of coworkers who contribute to program management and work to ensure the consistency and integrity of the beGreen™ program standards. CDW•G has recycling programs for paper, aluminum, glass, plastic, corrugate, batteries, and wooden pallets. Our dedicated beGreen™ staff continually looks for more ways to be environmentally responsible. beGreen™ focuses on several key areas: Coworker education Community awareness recycling Resource conservation ISO14001 ISO 14001:2015 Certification CDW•G has achieved the ISO 14001:2015 Environmental Management System (EMS) standard certification. The certification has been awarded to CDW•G’s Vernon Hills, IL and North Las Vegas, NV distribution centers and attached offices. CDW•G’s distribution centers use 100% recyclable packing material and shipping containers that also provide maximum protection for your IT assets. As part of our EMS, we conduct in-depth internal audits and self-assessments to support continual improvement. We review our significant environmental impacts each year and set targets to reduce them. EPA Green Power Partnerships CDW•G participates in the United States Environmental Protection Agency’s (EPA) Green Power Partnership program. In 2008, we began purchasing 100% green power for our two data centers in the Madison, Wisconsin area through the Madison Gas and Electric (MGE) Green Power Tomorrow program. We purchase almost 12 million kilowatt-hours per year of renewable energy, making CDW•G the largest private buyer in MGE’s Green Power Tomorrow program. F. Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications. OMNIA Partners promote diversity and local business initiatives through their procurement requirements. There are many types of diverse supplier requirements, including minority- and women-owned businesses, small businesses, veteran owned businesses, and LGBT-owned businesses. OMNIA Partners’ ideal vendor on this contract will empower and work with all types of diverse suppliers in the marketplace, not just one or two. CDW•G does not hold small or diverse business certifications. Our focus is creating a meaningful sourcing plan with minority, small, local, veteran-owned, and other diverse suppliers. We have the privilege, opportunity, and responsibility to partner with diverse suppliers and bring them with us to Cobb County and OMNIA Partners opportunities. In our experience, customer diversity initiatives are not always met by one or two specific certifications. Figure 18: CDW•G beGreen Initiative 122 Cobb County Purchasing, Technology Product Solutions and Related Services 83 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). In our experience, customer diversity initiatives are not always met by one or two specific certifications. CDW•G is an ideal partner because our diverse supplier network contains partners with the following certifications, among others: Minority Business Enterprise (MBE) Historically Underutilized Business (HUB) Women Business Enterprise (WBE) Lesbian Gay Bisexual Transsexual Business Enterprise (LGBTBE) Veteran Business Enterprise (VBE) US Business Leadership Network Disability Supplier Diversity Program (USBLN DSDP) Women-Owned Small Business (WOSB) Small Disadvantaged Business (SDB) Service-Disabled Veteran-Owned Small Business (SDVOSB) Small Business HUBZone Supplier Diversity Program CDW•G’s Supplier Diversity program goal aims increase procurement opportunities for direct and indirect spending with diverse businesses across the country. The CDW•G philosophy on diversity extends beyond our coworkers, the customers we serve, and the communities we live in to include our valued supplier partnerships. Our commitment to strategically partner with qualified businesses enables CDW•G to provide the best customer experience while contributing to economic growth in diverse communities. One of our greatest points of pride at CDW•G is that in 2019, our diversity efforts were recognized and CDW•G was formally inducted into the Billion Dollar Roundtable. This is an exclusive group of U.S.-based companies that procure more than $1 billion annually from minority- and women-owned businesses. To read more about this group, please see https://www.billiondollarroundtable.org/. Our 2021 annual spend with small and diverse businesses via our Business Diversity Program grew to a record $3.4 billion. These diverse businesses profited from increased revenue through CDW’s creation of 29,254 jobs and more than $1.7 billion paid in wages. Since launching our Supplier Diversity Program, total spending with small and diverse businesses is above $20 billion. Our Director of Business Diversity, Kristin Malek, was named one of DiversityPlus Magazine’s Top 25 Women in Power Impacting Diversity 2021. Other accolades of diversity excellence in 2021 include: US Veterans Magazine Best of the Best Supplier Diversity Program Professional Women’s Magazine Best of the Best Supplier Diversity Program Black EOE Journal Best of the Best Supplier Diversity Program HISPANIC Network Magazine Best of the Best Supplier Diversity Program Supplier Diversity Program Best of the Decade by MBN Diversity One more important aspect of the CDW•G Business Diversity program is our support and participation in various organizations and events focused on developing relationships and business opportunities within diverse communities. CDW•G is a National Corporate Member of 123 Cobb County Purchasing, Technology Product Solutions and Related Services 84 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). the National Minority Supplier Development Council, Inc. and The Women’s Business Enterprise National Council. We also support other organizations with a supplier diversity focus, such as the Chicago Minority Business Development Council, Inc., the Women’s Business Development Center of Chicago, the Minority Business Development Agency of Chicago, and the National Veteran-Owned Business Association, and the National Gay & Lesbian Chamber of Commerce. CDW•G contributes financially to these organizations and engages in advisory councils, attends and hosts events, and provides resources to support these organizations’ focus on continued growth and success. In addition, 50% of our Executive Council (our C-Suite executive board; i.e. CEO, COO, CFO, CIO, etc.) members are women. Using CDW•G Diversity Partners CDW•G is continuously developing other diverse partnerships to meet our customers’ needs. These relationships include, but are not limited to, product manufacturers, distributors, and service providers nationwide who support direct (Tier 1) and indirect (Tier 2) fulfillment through presales and service engagements. We recruit diverse and disadvantaged partners locally and regionally since customer spending goals are typically tied to local laws and require the partner to be certified within their city or state. These various engagement models allow Participating Agencies the choice to engage with the diverse partner that suits their technology needs and where the diverse partner’s business is best suited to provide support in the sales cycle. We realize that each customer has unique targets that require a thoughtful and dynamic approach to strategic sourcing. Our Business Diversity program offers a broad and robust partner network. The following are a few ways that CDW•G can support Participating Public Agencies in meeting their diverse supplier goals: Educate users on CDW•G’s business diversity program and how to initiate a planning session Conduct customer-focused planning sessions with CDW•G Account Manager and supplier diversity program representative Utilize information gathered from planning sessions to develop custom plans to achieve customer goals around supplier diversity Perform ongoing engagement to adjust plans as necessary More details on our Tier I and Tier II Programs can be found below. Tier I Program CDW•G is continuously developing other diverse partnerships to meet customers’ Tier I needs, which is where customer spending goes directly to the diverse firm. We offer an online registration tool where businesses can register for future opportunities with CDW•G. Our growing list of suppliers means that Cobb County and OMNIA Partners can count on CDW•G to deliver against their diversity spending targets. CDW•G has also partnered with diverse leasing companies to support Cobb County and OMNIA Partners Tier I spend requirements. Tier II Program To foster even more opportunities for small, diverse businesses, we a Tier II Supplier Diversity Program in 2009 for its key manufacturing, distribution, and logistics partners. The program’s 124 Cobb County Purchasing, Technology Product Solutions and Related Services 85 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). goal is simple: to further opportunities for competitive diverse companies to supply goods and services. In this model, CDW•G purchases the products from diverse suppliers and delivers them to our customers. CDW•G can provide Tier II reporting to customers that track their spending (typically for tax incentives), ensuring that suppliers meet contract compliance and obligations. G. Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response: CDW•G does not meet any of the below certifications in any classified areas. Though not a woman-owned company, it is important to note that since January 1, 2019, CDW has been led by a woman executive—CEO Christine Leahy. Leahy has been with the company for 17 years, previously served as the company’s chief revenue officer, and was the company’s first general counsel. Women comprise over half the U.S. population but remain underrepresented in leadership positions. Less than 10% of the top executives in Fortune 100 companies are women while only 6.6% of Fortune 500 CEOs are women. Considering these statistics, along with a general underrepresentation of women in IT, CDW•G is setting the pace with Leahy as the second female CEO of a Fortune 500 company in Illinois, and with female leaders making up 40% of our executive leadership. Fairygodboss recognized CDW (and thus CDW•G), ranked 2nd, as one of the best places for women to work. At CDW•G, we aim for equity from the inside out, and our executives are leading by example. CDW•G does not hold any certifications in any of the classified areas listed below. Table 6: Minority Certifications Category Response a. .Minority Women Business Enterprise No b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) No c. Historically Underutilized Business (HUB) No d. Historically Underutilized Business Zone Enterprise (HUBZone) No e. Other recognized diversity certificate holder No H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency. As needed throughout the contract, CDW•G may look to bring on additional vendors. CDW•G has partnerships with more than 1,000 diverse organizations all across the US. The way that CDW•G categorizes our subcontractors and affiliates is unique. CDW•G sometimes contracts with third parties to deliver services when there are constraints on our resources. Our Partner Services group manages these companies. These incorporate in-depth processes for determining who we work with. Our Partner Services team is comprised of Professional Service Managers and billable project managers who oversee partner management and project oversight. These service managers work directly and collaboratively with our operations team which is comprised of billing administrators and project coordinators that are engaged at the deal level. Each partner receives a review throughout the year ranging from quarterly to yearly depending on their level of engagement with CDW•G along with 125 Cobb County Purchasing, Technology Product Solutions and Related Services 86 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). engagement level surveys to manage and control quality. Partners are held to a minimum survey score to continue performing work for CDW•G. Depending on the unique needs of each opportunity, the CDW•G Account Teams will work with OMNIA Partners to develop a solution that is both comprehensive and strategic to the specific partner. The partner chosen will be specialized based on the work and needs of the customer. Details of the chosen partner will be provided to the interested party during scoping. Many of our partners include certifications as defined in our Diversity Programs section above, and listed additionally below: Minority Business Enterprise (MBE) Historically Underutilized Business (HUB) Women Business Enterprise (WBE) Lesbian Gay Bisexual Transsexual Business Enterprise (LGBTBE) Veteran Business Enterprise (VBE) US Business Leadership Network Disability Supplier Diversity Program (USBLN DSDP) Women-Owned Small Business (WOSB) Small Disadvantaged Business (SDB) Service-Disabled Veteran Owned Small Business (SDVOSB) Small Business HUBZone Post-scoping, our services projects follow our Project Management Engagement Methodology which includes a heavy emphasis on communication among the parties to the contract, especially between CDW•G and the customer. These communication points include regular meetings and reports to monitor status, risks, issues, and plans. Our manufacturing partners (such as Cisco, HP, and Microsoft) are considered subcontractors when they perform services engagements with us. We work very closely with our manufacturing partners and have many of their badged workers in our locations working with our engineering teams and brand managers. In this way, our CDW•G teams stay current with our vendor partner offerings as well as plans for product end-of-life and new product introductions. Our sales teams meet with our manufacturing partners quarterly and participate in sales training regularly to stay up to date on their latest offerings and offer you the peace of mind that you have a knowledgeable sales staff supporting you. I. Describe how supplier differentiates itself from its competitors. Technology requires more than fulfilment – it warrants a vendor who provides quality products and customer experience. A significant priority in SLED IT initiatives is flexible, adaptive technology that can securely promote user needs. It’s not enough to provide customers with access to products they want quickly and efficiently. Procurement officers need to understand their options, and SLED agencies need to know their products are securely sourced. Our position as a leading technology solutions provider with extensive experience working with OMNIA Partners, a mature public sector practice, robust relationships with SLED customers across the nation, mature logistics capabilities, secure and responsible sourcing processes, a fully developed contract management department, and an in-depth marketing approach all combine to create a procurement solution that no other vendor can offer. 126 Cobb County Purchasing, Technology Product Solutions and Related Services 87 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). OMNIA Partnership & Contract Experience Not only is our sales force well-versed in growing contracts but they are experienced in promoting OMNIA Partners contracts, specifically. We believe the contract structure that Cobb County and OMNIA Partners offer combined with our expertise in promoting dynamic procurement solutions with our broad customer ecosystem offer a unique opportunity to optimize contract adoption and growth. Collectively, we can remove the complexity of procurement and technology that our customers often encounter. Additionally, CDW•G’s program management department is singularly devoted to managing contracts. Its responsibilities are separate from those held by account managers. Members of the program management department work full-time to maintain contract compliance and administer contract procedures, including contract launch. CDW•G invests in these resources based on our understanding that contracts are complex sets of commitments. As depicted, we continuously evolve to support our key strategic relationship with OMNIA Partners. We look forward to the possibility of working with Cobb County to apply best practices and lessons learned from our OMNIA relationship to further this evolution. Public Sector Expertise We have over 30 years of extensive experience in providing solutions to public sector customers across segments (federal, education, state and local). Our parent company, CDW LLC, was established in 1984, and CDW•G was established in 1998 in order to better serve our government, state & local, and education customers. CDW•G is now among the largest K-12 technology solutions providers as a trusted IT partner to more than 15,000 K-12 schools, as well as approximately 3,000 colleges and universities. Public sector business comprised roughly 40% of our total annual revenue in 2021. We maintain over 1,000 contracts in order to serve these customers efficiently and compliantly. Our portfolio demonstrates widespread adoption and relevance with customers actively transacting across all 50 states. Blended Distribution Model A significant advantage that differentiates CDW•G in the marketplace is our ability to deliver the right products, at the right value, right when you need them. Many of our competitors rely on what we refer to as “virtual warehouses.” This occurs when a reseller is entirely reliant on their distribution and OEM partners for packaging and shipping customer solutions. This introduces extended lead times and uncertainty in sourcing and supply chain security. At CDW•G, we have blended the best of our OEM’s and distribution partners’ fulfilment capabilities with our own distribution centers to optimize quick and accurate fulfilment. Onsite Inventories In fact, many technology manufacturers choose CDW•G as their primary reseller because of our vast large, on-hand inventories and effective inventory management procedures. CDW•G has two large strategically located distribution centers controlled by a Warehouse Management Figure 19: Distribution of 2021 Net Sales 127 Cobb County Purchasing, Technology Product Solutions and Related Services 88 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). System (WMS) that ensures speed and accuracy throughout the order fulfilment and distribution processes. CDW•G’s marketing and purchasing departments continuously monitor trends within the IT industry to ensure that we are stocking the latest technology for immediate shipment. With our secure supply chain, we also take proactive measures to reduce the risk of obsolescence and other inventory discrepancies that contribute to increased costs. Strong Manufacturer and Distribution Partnerships Our delivery model combines manufacturers, distribution channel partners and leading carriers to facilitate quick product turnaround. As one of the largest direct market resellers, CDW•G has established very good working relationships with the major manufacturers in the technology industry. Our buying power attracts the industry’s top manufacturers-and their best prices and rebates. To supplement our direct purchasing model, CDW•G has strong affiliations with principal channel distributors. We have partnered with numerous distributors to supplement our direct purchasing model. Such partners include Tech Data, Ingram Micro, SYNNNEX, Avnet, Arrow Electronics, and D&H Distributing Company. They send us daily Electronic Data Interchange (EDI) downloads which provides visibility to inventory items and pricing broken down by local or remote facilities. Furthermore, our top three distribution partners provide real time inventory information which is subsequently available to members through our online catalog. In-Depth Marketing Approach We also differentiate ourselves from our competitors through our in-depth marketing approach. We utilize an in-house marketing process based on strategy and we keep customer business outcomes in mind while we utilize our deeply rooted customer network as a function of our account management relationships. CDW•G will utilize a number of proven activities to publicize and promote this new Agreement. Our live touch approach includes a proactive communication program, as well as both inside and field sales teams meeting with eligible users. Our customers rely on their account manager as an expert resource; this includes leveraging contracts. Most often, when a customer purchases from a specific contract, it is because of a direct suggestion from their account manager. CDW•G’s sales and marketing plan combines past CDW•G marketing successes with a strategy to effectively capture net new business. We leverage our reporting capabilities to determine potential target customers. After determining targets, CDW•G can then educate them on the benefits of the new contract and grow net-new business. Through this method, the Cobb County, OMNIA Partners and CDW•G will gain traction with users faster than a supplier that does not have these existing relationships in place. Contract Management Touched upon earlier, CDW•G is extremely dedicated to the quality and reliability of our procurement management process. Some vendors, even large suppliers, do not have a team dedicated to managing their contracts. Instead, these companies rely on the sales team to manage compliance issues and reporting. We can imagine that this results in delayed responses, unreliable support, and in worst cases, inaccurate reporting. A differentiator for CDW•G is our Program Management Department, a group of more than 100 coworkers devoted to the full scope of contractual sales, including managing contracts. Keeping our contract management within one group makes oversight and structured processes easy to implement. In turn, this eases oversight responsibilities to one central group and allows CDW•G to standardize our contract management processes and share best practices – in turn reducing risks and improving efficiencies. With an average of over ten years of industry experience and active participation in National Contract Management Association, CDW•G program managers are qualified to advise and serve our customers at all stages of the contract process. 128 Cobb County Purchasing, Technology Product Solutions and Related Services 89 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). J. Describe any present or past litigation, bankruptcy or reorganization involving supplier. As of the date of submission, there are no known present or past litigation, bankruptcy, or reorganization involving CDW•G. K. Felony Conviction Notice: Indicate if the supplier a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. CDW•G is a publicly held company and this reporting requirement is not applicable. L. Describe any debarment or suspension actions taken against supplier As of the date of submission, there are no known debarment or suspension actions taken against CDW•G. 129 Cobb County Purchasing, Technology Product Solutions and Related Services 90 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Distribution, Logistics [RFP 3.2] A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier. For this response, CDW•G is pleased to offer all of the providers and services CDW•G offers Our line of products and services can be found at www.cdwg.com. B. Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. CDW•G provides nationwide delivery for our hardware products and has a robust system in place to secure timely delivery. A full description of our distribution centers can be found in the Description of Facilities section below. Many of our top manufacturers and software publishers’ representatives are onsite at CDW•G’s sales offices to facilitate requests for information and assist with designing the best possible solutions. We receive detailed insight into supply chain availability, manufacturing delays, distribution shortages, and overstocks, as well as other disruptions related to supply and demand variability We often secure additional inventory to offset any known supply issues CDW•G works closely with our vendor partners to train and certify our account managers and technical staff and to deploy and manage technologies in customer environments CDW•G has received awards and recognition from our partners for developing and delivering exceptional solutions Products and services will be offered to all states under the Master Agreement, including US Territories and Outlying Areas where allowable and applicable by local government regulations, CDW•G contractual limitations, and our relationships with the respective manufacturers. Additionally, due to the relationships which CDW•G has with both OEM partners and shipping carriers, we ensure the traceability of products regardless of their origin. If products are shipped directly from a manufacturer location, our logistics and drop ship team maintain active communication with the manufacturer and the preferred carrier to not only ensure that the correct number and model of products are being shipped but that shipment schedules are being met. We do not procure from gray market vendors and only work directly with manufacturers and their authorized sources. Our supply chain complies with industry standards to support the IT needs of public sector customers. Our catalog contains a vast range of manufacturers, so customers can expect transparency since we do not manufacture products ourselves. The Government Industry Data Exchange Program provides a report of counterfeit or suspected counterfeit products weekly. We cross-reference this list with our inventory and sales. To date, none (0%) of the products we’ve carried or sold have been classified as counterfeit. All of CDW•G’s shipping and quality processes are based on the ISO 9001:2015 certification standards, of which we are certified. 130 Cobb County Purchasing, Technology Product Solutions and Related Services 91 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. As with all of our contracts, this contract will be assigned a Program Management team led by a Program Manager who will ensure contract deliverables are met as well as ensure the correct contract price is maintained. The Program Manager regularly conducts self-audits to ensure pricing compliance and takes corrective action when needed. Compliance Immediately upon award of a contract, the Program Manager reviews and disseminates the contract documents and all related proposal documents, recording all items that CDW•G will need to manage. The Program Manager is responsible for ensuring that CDW•G observes all legal statutes included in the contract as well as all business commitments. For example, if CDW•G commits to a pricing structure based on a certain discount from advertised pricing, it is the Program Manager’s responsibility to record the pricing in the contract management software, which then locks the structure for purchases made under the contract. Since the Program Manager is often the person most familiar with the contract, they will also make recommendations for improvements and efficiencies based upon their constant analysis of the contract’s provisions and trends with Cobb County and OMNIA Partners' use of the contract. Automated Contract Management System Upon award, we will load the contract structure into our internal contract editor system which will then create a customer premium page with a distinct URL that will reflect the contracted price. Once the structure is loaded, no additional manual intervention is needed to maintain it. End users will be able to view and verify the contracted pricing through this unique URL without the need to log in with a password. Distribution Channels CDW•G offers various distribution methods for our customers. It is of the utmost importance that our customers can purchase from us however is easiest from them. CDW•G works with several other companies to help to process, handle, and/or ship hardware products to customers. In addition to the manufacturer and distributor partners we work with, we have built strong relationships with industry well-known carriers such as FedEx Parcel, UPS Parcel, UPS Freight, FedEx Air Freight, CEVA LTL services (less than truckload), and local messenger services. We will provide Cobb County a Premium Page in which they can quickly and efficiently place and track the status of their orders. As one of the largest direct market resellers, CDW•G has established very good working relationships with the major manufacturers in the technology industry. Our buying power attracts the industry’s top manufacturers-and their best prices and rebates. Most manufacturers send us daily Electronic Data Interchange (EDI) downloads with pricing and product availability information. Also, we receive timely notification regarding product changes and lifecycles. To supplement our direct purchasing model, CDW•G has developed strong affiliations with principal channel distributors. They send us daily EDI downloads which allows us visibility to inventory items and pricing broken down by local or remote facilities. Furthermore, our top three distribution partners provide real time inventory information. Our two distribution centers are located in close proximity to principal distributors; this enables us to obtain competitively priced, non-stocked items relatively quickly. CDW•G can secure non- of-stock product(s) from our local distribution network normally within 24 hours with a few more 131 Cobb County Purchasing, Technology Product Solutions and Related Services 92 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). obscure products taking up to 48 hours, depending on your requirements. The value-added benefits of our highly automated state-of-the-art distribution systems are that Cobb County and OMNIA Partners will receive the right products quickly, configured correctly and ready to use; this will enable your employees to maintain a high level of productivity and to better serve your customers. Customers at any time can reach out to their dedicated Account Manager to place an order via phone or fax is that is the preferred method. D. Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. We work with several, authorized, channel partners to deliver solutions to OMNIA Partners. These include OEMs, Publishers, Cloud Solution Providers, and Distribution Partners. CDW•G works with several other companies to help to process, handle, and/or ship hardware products to customers. In addition to the manufacturer and distributor partners we work with, we have built strong relationships with industry well-known carriers such as FedEx Parcel, UPS Parcel, UPS Freight, FedEx Air Freight, CEVA LTL services (less than truckload), and local messenger services. Depending on the unique needs of each opportunity, CDW•G will work with these resources in conjunction with Cobb County and OMNIA Partners to choose additional vendors that best fit based on the work and needs of the customer. Details of the chosen vendor will be provided to the interested party during scoping. E. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable. Unlike many solutions integrators, CDW•G operates physical warehouses as opposed to the virtual warehouse methodology. We have two large, strategically located distribution centers controlled by a state-of-the-art Warehouse Management System (WMS) that ensures speed and accuracy throughout the order fulfillment and distribution processes. We have a 450,000- square-foot distribution center located at our headquarters in Vernon Hills, IL, and a 513,000- square-foot distribution center located in North Las Vegas, NV. These locations facilitate quick distribution of products to our growing customer base throughout the country. The Vernon Hills distribution center focuses on distributing products to customers east of the Mississippi River while the Las Vegas distribution center primarily serves the western part of the United States. Our Configuration Centers are PCI Certified and Hold Several Iso Certifications: ISO 9001 ISO 14001 ISO 20243 ISO 27001 ISO 28000 132 Cobb County Purchasing, Technology Product Solutions and Related Services 93 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Quality Environmental Risk Management Information Security Secure Supply Chain We hold more than $500M of inventory in our two in-house distribution centers that total almost one million square feet. Our ISO 9001-, 14001-, and 28000-certified, strategically located distribution centers provide speed, accuracy, and excellent geographic coverage across the US. Our product lineup includes desktops, notebooks, servers, peripherals, networking and communications equipment, software, accessories, plotters, network printers, desktop printers, and print supplies. 133 Cobb County Purchasing, Technology Product Solutions and Related Services 94 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Marketing and Sales [RFP 3.3] A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to: CDW•G has a long-standing relationship with OMNIA Partners (and previously with affiliates of OMNIA including NIPA and US Communities GPA). CDW•G is vendor agnostic. This is not our primary go to market strategy. We continue to lead and facilitate our growth strategy with numerous public entities which utilize the multiple OMNIA contracts CDW•G has been named to. CDW•G will continue to partner with OMNIA Partners through this contract, if awarded, and other contracts to identify additional members under this solicitation. CDWG must abide with various regulations and requirements in multiple jurisdictions including some with mandatory use requirements, exclusions, or preference of public entities on utilization of specific contracts. We have included a cohesive marketing plan and pledge to continue focusing on the growth of this contract's awareness and success. Beginning with the date a contract is executed, the CDW•G Team, in conjunction with our Executive Leadership, will work to implement the Master Agreement within our computer system and communicate it to the sales team. We will provide Cobb County and OMNIA Partners with specific dates of implementation upon award and with a firm understanding of the contract terms. We maintain an ecosystem of coworkers committed to successfully managing all aspects of a contract through its entire lifecycle. From our Executive Leadership to the Contract Management group, our team of coworkers will collaborate to customize a detailed and effective plan to launch and grow this contract. CDW•G has a successful contract launch history where we focus on five areas of the contract which are: Figure 20: Contract Launch Progression This methodology allows our coworkers to efficiently get brought up to speed about this new agreement and begin contract growth with Cobb County and OMNIA Partners. Our process is as follows: 1. The Program Manager receives the executed Master Agreement and other relevant signed documents and saves CDW•G's contract library 2. The Program Manager sets up the pricing in our Contract Management System 3. The Program Manager works with our in-house eProcurement team to create a homepage specific for Cobb County and OMNIA Partners. ensuring contract-compliant pricing, as well as the various logins and security settings for OMNIA Partners. 134 Cobb County Purchasing, Technology Product Solutions and Related Services 95 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). 4. The Program Manager oversees training for our sales teams supporting Cobb County and OMNIA Partners on the contract terms and deliverables. 5. The Program Manager will provide Cobb County and OMNIA Partners reports as required by the contract language and analyze the success of the program, making recommendations for improvements throughout the contract’s duration. Figure 21: Program Management Growth Methodology We are excited to bring this proven growth methodology, also displayed in the depiction above, to the contract in partnership with Cobb County and OMNIA Partners. i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days We maintain an ecosystem of coworkers committed to successfully managing all aspects of a contract through its entire lifecycle. From our executive leadership to contract management, our coworkers will collaborate to customize a detailed yet effective plan to launch and grow this contract. CDW•G has a successful contract launch history where we focus on five areas of the contract which are: Intake, Set-Up & Compliance, Education, Measure and Growth. By focusing on these areas specifically, we launch contracts to the CDW•G teams with the most powerful and applicable details to optimize the success of this new Agreement. We bring leaders from across our public sector teams together with OMNIA Partners multiple times a year to review contract initiatives, joint goals, and customer feedback. Our ongoing effort in specific target accounts help increase contract utilization and drive contract adoption amongst nonparticipating agencies. We meet monthly to review the current state of the business and execution of our growth and marketing strategies. CDW•G’s leadership team is securely behind the growth and strategy of this program for both Cobb County, GA and nationwide. CDW•G executive leadership commits to endorse and sponsor the award within the first 10 days of the contract. ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days CDW•G’s program management department is singularly devoted to managing contracts. Its responsibilities are separate from those held by account managers. Members of the program management department work full-time to maintain contract compliance and administer contract 135 Cobb County Purchasing, Technology Product Solutions and Related Services 96 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). procedures, including contract launch. CDW•G invests in these resources based on our understanding that contracts are complex sets of commitments. CDW•G’s Program Manager, Francie Gribble, has in-depth working knowledge of OMNIA Partners including the former cooperatives, National IPA and TCPN. She collaborates with CDW•G’s marketing department to create awareness and training campaigns to enable our national sales force. Over the first 90 days, in partnership with the OMNIA Partners team, Francie and other key members of the CDW•G executive leadership team will outline their strategy to implement this contract within our portfolio. With our experience on both OMNIA and other cooperative contracts, our robust implementation plan ensures we are able to bring our national sales force up to speed quickly, Gribble will work directly with our sales leadership, Cobb County, and OMNIA Partners to develop and execute a training program for our sales force swiftly following contract signature. Training content will cover contract scope and operations, growth strategy endorsed by executive leadership, and the contract benefits. We expect this to happen within the first 30-45 days of contract signature. The documentation Gribble compiles in conjunction with our marketing department will be customized depending on the needs and the region of the seller to ensure our messaging matches the customers within that geography. Our sellers will then be equipped with relevant collateral to communicate with customers the benefits and strength of this contract. Curriculum development, trainings, and collateral creation will be completed within 90 days of contract award. However, CDW•G doesn’t stop at 90 days. We have continuous, ongoing training with our national sales force for the life of the contract. B. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: Just as our contract management team leads contract launch and maintenance requirements, our sales force upholds strategic relationships with current and potential OMNIA customers. These relationships uniquely position us to develop and deliver an awareness and growth campaigns to members through a trusted advisor network. Our account teams have long- standing customer relationships in which they often become an extension of their customers’ IT and purchasing teams. Our account managers speak with their customers weekly, if not daily. As a result, our customers turn to their account managers for purchasing recommendations, including which contracts to leverage. Within 90 days of contract award, we will leverage this trusted advisor network and our marketing capabilities (e.g., customer-facing collateral, email campaigns, call campaigns, social media, etc.) to quickly and effectively alert registered and potential customers of the new contract and its benefits. i. Creation and distribution of a co-branded press release to trade publications To successfully implement a marketing plan, marketers must first know their audience and how to access them. CDW•G partners with various trade publications to access our target customers. 136 Cobb County Purchasing, Technology Product Solutions and Related Services 97 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Within 90 days of contract launch, our marketing team will work with OMNIA Partners to develop content to disseminate to customers. Below, we have outlined potential avenues in which we can access target customers. Publications. CDW•G partners with industry experts to publish sector-specific online and hardcopy magazines for State (StateTech) – shown in the graphic on the right, K-12 (EdTech Focus on K-12) and Higher Education (EdTech Focus on Higher Education). To successfully implement a marketing plan, marketers must first know their audience and how to access them, and these publications help access our target customers. All of the aforementioned publications deliver relevant content via print, blog, video case studies, and e-newsletters on topics including classroom, cloud, data center, hardware, software, security and services. Additional publications include: CoSN EdTech Magazine: Focus on Higher Ed EdTech Magazine: Focus on K-12 Education EDUCAUSE GovExec GovTech NASCIO NASTD State Tech Magazine Advertisements and Cobranding. CDW•G works with internal and external marketing teams to profile CDW•G and partner delivered technology productions, solutions and services on customized flyers that are easily accessed electronically or printed to hand out. Custom flyers are created for all CDW•G contracts. The example below is for a statewide hardware contract with the State of Utah for PC Stores and following CDW•G guidelines was designed to bring value to those new to CDW•G as well as long-time agency users and partners, with information that includes: Quantified examples of CDW•G’s experience and approach to serving the State; Samplings of our breadth and depth of industry partnerships Contract specifics where customers can find CDW•G delivered solutions and services; a Contact details for Account Managers and Field Account Executives We are able to do the same thing for Cobb County on this contract and other OMNIA Partners, should you want to. Figure 22: State Tech Sample 137 Cobb County Purchasing, Technology Product Solutions and Related Services 98 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Figure 23: CDW•G Custom Flyers 138 Cobb County Purchasing, Technology Product Solutions and Related Services 99 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Social Media CDW•G meets our customers where they are on today’s technology horizon. The CDW Social Squad are employees educated on and active in social media. This Social Squadpushes customized content to and through social media outlets including relevant articles, emerging technology news, information on available contracts and upcoming events in customer-specific markets. We can customize this content to be relevant to Cobb County and OMNIA Partners. With over 1,700 entries and counting across topics including Cloud, Data Center, Digital Workspace, Networking, Security, and Software, CDW’s Solutions Blog delivers evocative and relevant content. Authored by our own subject matter experts, articles are written to help our customers navigate and digest the overwhelming amount of data that comes at them every day as they work to make better decisions for more effective and efficient solutions that meet their individual goals. ii. Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days We will create a customized tab on our OMNIA Partners Premium Page so customers can easily shop for featured products. It will be active on the first day the contract goes live and feature co-branded material with your organization’s logo and message. This website will include up-to-date pricing on all eligible products. Authorized users and administrators access the information they need when they need it and benefit from real-time updates to inventory and price. iii. Design, publication and distribution of co-branded marketing materials within first 90 days Our standard contract launch process includes developing collateral to promote contract awareness and education among internal and external stakeholders. Content will focus on the administrative and strategic value of utilizing this new Agreement. Specifically, we will highlight the convenience of the online marketplaces, as well as the cost and time savings associated with consolidating transactional procurement needs by leveraging the new Agreement. Possible outlets to disseminate content include our internal Corporate Communications, our Public Sector Publications (State Tech & Ed Tech), a sale- led communications campaign, and Social Media. We use Twitter, Facebook, and LinkedIn as avenues for marketing, education, updates and general communication with customers. Active social media helps customers stay informed with links, posts and articles of interest in the way that they choose to receive information. We also maintain an internal group that is focused on submitting and curating social media content called the Social Squad. It even has its own app available for Android. Social Squad members are encouraged to submit content on a number of topics, including industry news, products and deals, emerging technologies, product launches, featured partners, and more. We are able and willing to participate in co-branding marketing opportunities with Cobb County and OMNIA Partners. For instance, a combined OMNIA and vendor branding logo can be created to include in social media advertisements, the Agreement’s customized Premium Page, customer-facing digital and print one-pagers, and customer-facing emails. 139 Cobb County Purchasing, Technology Product Solutions and Related Services 100 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Upon contract award, intend to conduct a collaborative kick-off meeting dedicated to developing our go-to-market strategy including the development and distribution of co-branded marketing materials within the first 90 days. iv. Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v. Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. CDW•G has enjoyed participating in the NIGP Annual Forum in past years and will continue to do so with commercially reasonable efforts. We believe in the mission to “develop, support and promote public procurement” and look forward to sharing our best practices with other non- competing OMNIA Partners vendors. vi. Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement CDW•G will advertise the contract in our own highly viewed publications and our contract specific email campaign. We will continue to promote the contract via avenues such as our EdTech and State Tech publication sites. vii. Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) CDW•G will market and promote the contract, through various avenues such as announcements in our publications, email campaigns, as well as on the contract's CDW•G premium page. We look forward to working with OMNIA Partners to develop our marketing strategies even further and propose a marketing strategy meeting to discuss a refreshed approached and specific goals/targets for the new contract. Below is a sample of the ongoing email campaign we currently conduct for our OMNIA agreement. viii. Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with: • OMNIA Partners standard logo; • Copy of original Request for Proposal; • Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; • Summary of Products and pricing; • Marketing Materials • Electronic link to OMNIA Partners’ website including the online registration page; • A dedicated toll-free number and email address for OMNIA Partners 140 Cobb County Purchasing, Technology Product Solutions and Related Services 101 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G currently hosts a dedicated web-page for our OMNIA agreements www.cdwg.com/omniapartners including all contract documentation, marketing materials, products and pricing and relevant links. Upon award we will create a dedicated tab on this premium page. The updated Premium Page will include the following: Cobb County and/or OMNIA Partners standard logo Copy of original Request for Proposal Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier Summary of products and pricing Marketing materials An electronic link to OMNIA Partners’ website including the online registration page A dedicated toll-free number and email address for Cobb County and/or OMNIA Partners Our team will review the tailoring of our current Premium Page with the OMNIA Partners team to ensure that the dedicated webpage meets all of the Participating Entities' needs. C. Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. As Cobb County and OMNIA Partners may know, CDW•G currently holds a significant number of cooperative purchasing contracts including OMNIA Partners, Public Sector (fkna NIPA), Association of Educational Purchasing Agencies (AEPA), and Sourcewell (fkna NJPA). CDW•G is solutions-focused, vendor agnostic and provides consultation to assist our customers to select the contract best suited for their specific procurement needs. For all of our national contracts, we have maintained the transparency of our contract portfolio to our customer and negotiated the removal of language such as “most favored customer” and requirements such as this. CDW•G continues to prove without a doubt that we can keep our commitment to making this contract prosperous amongst our portfolio of offerings. We have transitioned a number of customers and their solicitation opportunities to OMNIA Partners contracts, in the form of participating agreements. Moving forward, we will continue to loop new members into the contract and sustain the growth. CDW•G currently holds a significant number of cooperative purchasing contracts including Omnia Partners/National Intergovernmental Purchasing Agency (National IPA), Association of Educational Purchasing Agencies (AEPA), and Sourcewell. CDW•G is solutions-focused and provides consultation to assist our customers to select the best contract vehicle suited for their specific procurement needs. We continue to maintain transparency of our contract portfolio to our customers and will work with customers upon their request to transition customers to ensure it is in the best interests of purchasing entities, CDW•G, OMNIA Partners, and customers. 141 Cobb County Purchasing, Technology Product Solutions and Related Services 102 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). D. Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well. CDW•G acknowledges and agrees to provide its logo(s) to OMNIA Partners, Public Sector and agrees to provide permission for reproduction of such logo in marketing communications and promotions. We additionally acknowledge that use of OMNIA Partners, Public Sector logo requires permission for reproduction, as well. The core component of CDW•G’s brand identity is its corporate logo; therefore, we ask that you carefully consider the following guidelines when using it. When using the CDW•G logo, you agree to the following: 1. You may use the logo(s) only in the exact form provided by CDW•G and only to accurately and actively link from a website that is under your control to the home page of CDW.com (or another address provided by CDW•G) and for no other purpose. 2. You may not incorporate the logo(s) into any other logo or design. 3. You may not to use the logo(s) in a way that suggests that you or your company or products are affiliated with CDW•G or its products or services in any way. 4. You may not display the logo(s) on any website that disparages CDW•G or its products or services, infringes any CDW•G intellectual property or other rights, or violates any law or regulation. 5. No other logo or design element should appear within 0.5 inches of the CDW•G logo. 6. You may not frame or alter the CDW•G website in any way. 7. At CDW•G’s direction, you will immediately remove the logo(s). 8. Your limited right to use the logo(s) does not constitute a grant of any other right or license. All other rights are reserved by CDW•G. 9. CDW•G disclaims all warranties, express and implied, regarding the logo(s), including warranties against infringement. You agree to indemnify CDW•G from and against any and all claims and liabilities arising out of your use of the logo(s). E. Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate: i. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency ii. Best government pricing iii. No cost to participate iv. Non-exclusive CDW•G confirms we will be proactive in direct sales to Public Agencies nationwide and our initiatives will, at a minimum, communicate points i-iv stated above. I. Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency II. Best government pricing 142 Cobb County Purchasing, Technology Product Solutions and Related Services 103 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). III. No cost to participate IV. Non-exclusive We are happy to create a contract announcement flyer with the new contract information. A sample from an existing agreement is included below. We would like to further discuss the inclusion of II and IV, and will revise our marketing pieces to include a mutually agreeable message that best represents the value of the contract. 143 Cobb County Purchasing, Technology Product Solutions and Related Services 104 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Figure 24: OMNIA Partners and CDW•G 144 Cobb County Purchasing, Technology Product Solutions and Related Services 105 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). F. Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: i. Key features of Master Agreement ii. Working knowledge of the solicitation process iii. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners iv. Knowledge of benefits of the use of cooperative contracts CDW•G acknowledges and complies with the above requirement. CDW•G’s Program Manager, Francie Gribble will work directly with our sales leadership, Cobb County, and OMNIA Parnters to develop and execute a training program for our sales force. Training content will address all of these elements. Our sellers will then be equipped with relevant collateral to communicate with customers. Curriculum development, trainings, and collateral creation will be completed within 90 days of contract award. At a minimum, training will include the following topics: I. Key features of Master Agreement II. Working knowledge of the solicitation process III. Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners G. Provide the name, title, email and phone number for the person(s), who will be responsible for: i. Executive Support • Name: David Hutchins • Title: VP, Strategic Programs and Sales Enablement • Email: David.hutchins@cdwg.com • Phone: 847-968-9782 ii. Marketing • Name: Lauren Bull • Title: Manager – Public Sector Field Marketing • Email: lbull@cdw.com • Phone: 847-968-0257 iii. Sales • Name: AJ Lucci • Title: Sales Manager • Email: ajlucci@cdwg.com • Phone: 312-705-9355 145 Cobb County Purchasing, Technology Product Solutions and Related Services 106 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). iv. Sales Support • Name: Rob Sullivan • Title: Executive Account Manager • Email: robesul@cdwg.com • Phone: 312-705-9505 v. Financial Reporting • Name: Francie Gribble • Title: Program Manager • Email: frances.gribble@cdwg.com • Phone: 629-208-8229 vi. Accounts Payable • Name: **we assign Accounts Payable personnel for each manufacturer, not per customer or per contract, contact details can be shared post award for a particular manufacturer if necessary • Title: • Email: • Phone: vii. Contracts • Name: Francie Gribble • Title: Program Manager • Email: frances.gribble@cdwg.com • Phone: 629-208-8229 H. Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. The CDW•G customer support models starts with our account managers. As part of the CDW Experience, we organize our sales force differently from other companies in order to best serve our customers. First, our account managers are trained to become experts within the public sector segment they support – K-12, Higher Education, State & Local government, Federal government and Healthcare. The advantage is that they can address the very specific needs of their unique customers. To further equip our account managers to support their customers, CDW•G divides the salesforce into distinct geographic regions to ensure that sellers are prepared to support the local landscape in a way that is unmatched by other vendors, both small local and national companies. Each member has a dedicated account manager who maintains overall responsibility for coordinating all CDW•G resources to achieve the highest standards of customer service. They are the first line of contact for orders, questions, and marketing implementation. 146 Cobb County Purchasing, Technology Product Solutions and Related Services 107 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). CDW•G account managers, their supporting product specialists, and their sales managers understand the current technology trends and are specialized to only work with public-sector customers. This is one of the great benefits of partnering with CDW•G. OMNIA Partners members will have access to much more than a single resource; members will also have access to an entire sales and support team ready to address any member’s need. CDW•G, from the executive level down to your account manager, is focused on ensuring that OMNIA Partner’s members’ needs are consistently and satisfactorily met. To simplify the customer service process, we recommend OMNIA members bring any issues or inquiries to the attention of their dedicated account manager. Members’ CDW•G account managers are the center of their customer service and support experience. CDW•G account managers’ first step is always to listen. Then they evaluate and determine the best next steps. If the account manager cannot correct the issue, they will escalate it to their sales manager. If the sales manager cannot correct the issue, they will escalate it to the director. Escalation continues all the way up to the executive leader who oversees this contract, our Vice President of Government and Strategic Programs, Ben Bourbon and David Hutchins, respectively, until we provide a suitable solution to the performance issue. While this type of escalation is rare, we always work to sufficiently and expeditiously resolve any escalations. Usually, resolution is as simple as walking a few desks over to explain the situation. Figure 25: CDW•G’s Escalation Process The beauty of this approach is that the customer does not have to manage the process, hunt down contacts or explain their issue many times over. They are kept in the loop on progress of the resolution, while their CDW•G team takes care of the rest. Because we designate an actual person and not a faceless inbox, they can reach out to their account manager whenever they feel necessary. For mission critical issues, we follow the same path with expedited timelines. If problem resolution is specific to a coworker, such as performance of an account manager, the customer is encouraged to reach out to the coworker’s manager, who will then take the appropriate steps to address. Contact information for your account manager, sales manager and customer relations can all be found easily in your cdw.com account center. A follow-up step in our incident escalation process involves taking the incident resolution process one step further. Our sales teams work hand-in-hand with our Program Management team to ensure that for issues requiring significant escalation, we determine proactive measures 147 Cobb County Purchasing, Technology Product Solutions and Related Services 108 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). to prevent the problem from recurring. We want to understand why it happened to make sure it doesn’t happen again. This is one of the reasons we are consistently lauded for outstanding customer service. Beware of proposed incident escalation paths that go no further than issue resolution. Vendors that correct the problem but acknowledge it no further than incident escalation/resolution will be able to offer only temporary fixes. They won’t understand the causes of where they failed to meet member expectations. Cobb County and OMNIA Partners can be confident in this contract’s level of Executive Sponsorship within CDW•G, as well. AJ Lucci, Sales Manager; Don McCarthy. Director SLG East, Ben Bourbon, Vice President of Government Sales; and Chris Webb, Director, Capture are all high-level, accessible, points of contact focused on the success of this Agreement. Contact information for the highest level of the executive sales team is: •Name: Don McCarthy •Title: Director, Area Sales •Email: Donamcc@cdw.com •Phone: 847-419-6317 I.Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow andservice the national program. An OMNIA member’s first point of contact with CDW•G is their dedicated account manager. As such, we understand how critical it is for our account managers understand the scope and benefits of the OMNIA agreement. In conjunction with the technical trainings offered to our CDW•G account teams, our Program Management team will train our sales teams regarding the OMNIA agreement with CDW•G. The diverse nature of our training program gives each account team confidence to support OMNIA members through the entire sales cycle from project inception, purchase, solution deployment, and post-sale support. Our account teams clearly and concisely deliver the value of the OMNIA agreement to non-members helping to drive increased adoption and contract growth. Public sector customers are seeking a digital platform for quick and simple procurement of transactional items. Our account managers, across all segments and regions nationwide, will be poised and prepared to guide and educate members on this new procurement option. Tenured CDW•G account managers are actively marketing the current City of Mesa OMNIA agreement to customers and are very familiar with its benefits, including product categories, administrative fee structure, and flexibility. While there will be subsequent trainings upon award, the Online Marketplace contract will easily be added to our account manager’s repertoire to become an arrow in their OMNIA quiver. The ramp up time for our account managers will be far quicker than account managers who lack such familiarity with OMNIA agreements. In addition to our Account Managers, our Business Development team is actively engaged with OMNIA Regional Managers and leaders in Partner Development and Strategic Accounts to review the state of our joint business, develop growth goals and strategies and execute prescriptively to drive business the OMNIA Partners portfolio. This new contract will fit seamlessly into the overall program allowing us to quickly develop and expand contract usage utilizing a proven model. 148 Cobb County Purchasing, Technology Product Solutions and Related Services 109 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). I.Explain in detail how Supplier will manage the overall national program throughout the term of the MasterAgreement, including ongoing coordination of marketing and sales efforts, timely new Participating PublicAgency account set-up, timely contract administration, etc. As with all of our contracts, the Online Marketplace contract will be assigned a Program Management team led by a Program Manager (PM) who will ensure c contract compliance and administer contract procedures, including contract launch. The Program Manager regularly conducts self-audits to ensure pricing compliance and takes corrective action when needed. Upon award, CDW•G’s Program Manager, Francie Gribble, will work directly with Cobb County and OMNIA Partners to stand-up all aspects of the new Agreement within our system (e.g., member lists, pricing, reporting, fee schedules, and other compliance requirements). We will load the contract structure into our internal contract editor system which will then create a customer premium page with a distinct URL that will reflect the contracted price. Once the structure is loaded, no additional manual intervention is needed to maintain it (this non- manual process only applies to catalog contract using CDW•G categories). We also have processes in place to ensure that the contract prices proposed are maintained throughout the life of the contract. CDW•G will use automated internal systems as well as Program Management personnel to manage the proposed price structure. After contract launch, the Program Management team is responsible for adding new members to the contract by linking their account to the new contract. Contract stand-up also includes creation of internal and external resources to aid our customers and sales teams in transitioning to the new Agreement. Our ongoing marketing efforts will include the previously discussed topics – i.e., training, publications, attendance at events – to ensure this contract is continually being marketed from contract launch through completion. J.State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’stop 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a keycontact for each. Due to confidentiality reasons CDW•G does not release the financial information of Our customers. Should this contract be accepted, CDW•G can solicit each customer individually to determine whether their financial information may be shared. The following are our 2021 top Public Agency OMNIA Customers: Table 7: CDW•G Top 10 Public Agency Customers Customer Name NYC Dept Of Info Tech & Telecom NYC Cyber Command New York City Department of Education NYPD NYC HRA MTA Headquarters Kern County High School District NYC Dept Of Health & Mental Hygiene NYC Department of Education NYPD 149 Cobb County Purchasing, Technology Product Solutions and Related Services 110 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). K.Describe Supplier’s information systems capabilities and limitations regarding order managementthrough receipt of payment, including description of multiple platforms that may be used for any of thesefunctions. eCommerce Platform – Web based Your customizable CDW•G web portal is available to authorized users 24 hours per day, provides real-time information, and facilitates researching, ordering and tracking purchases. Whether you are a first time shopper or an existing customer of CDW•G, we can ensure your order routes to the appropriate account management team that supports the shoppers entity, based on the contract being used. eProcurement Platform – Punch Out Catalog As a company, CDW•G is highly experienced in implementing B2B solutions. Since 2001, we have integrated with over 9,000 entities (13,000 customers) and work with over 80 different marketplaces, ERPs and SRMs. Our in-house staff of over 200 IT personnel are dedicated solely to our web, internal, and e-commerce IT systems. Our mature e-procurement practice also means Cobb County won’t have long to wait to begin using their system. By integrating quicker than our competitors, CDW•G simplifies procurement for eProcurement customers by allowing them to buy IT the way they need based on their specific requirements. CDW•G’s punch out offers the shopper dynamic price offerings, product information and availability while providing industry standard information back into our customers e-procurement platform, such as UNSPSC and contract information. CDW•G can support customers who wish to utilize Cobb County award(s) through an eProcurement platform. Application Programming Interface (API) CDW•G can review customer specific requests where order process automation is needed, but further customization is required. This process may include technologies such as JSON or SFTP, but may be accommodated based upon the scope of the project. L.Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement)that Supplier will guarantee each year under the Master Agreement for the initial three years of the MasterAgreement (“Guaranteed Contract Sales”). $_______.00 in year one $_______.00 in year two $_______.00 in year three To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. While we cannot provide guaranteed minimum contract sales, CDW•G has a proven record of winning and growing OMNIA agreements, and the resources needed to do so. OMNIA Partners has our commitment to do the same here. M.Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement withoutfurther formal solicitation, there may be circumstances where Public Agencies will issue their ownsolicitations. The following options are available when responding to a solicitation for Products coveredunder the Master Agreement. 150 Cobb County Purchasing, Technology Product Solutions and Related Services 111 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). i. Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners). ii. If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement. iii. Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv. If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail Supplier’s strategies under these options when responding to a solicitation. As an impartial solutions provider, our first and primary goal is to serve the needs of the customer from a technology and procurement perspective. We act in a consultative, objective manner to aid customers in developing the procurement strategy to best fit their needs. In honoring this commitment, we have maintained the transparency of our contract portfolio to our customers and negotiated the removal of language such as “most favored customer” and other requirements. We commend Cobb County and OMNIA Partners for creating a contract vehicle to facilitate easy transactional buying at competitive pricing for its users. We certainly see the strategic fit this contract demonstrates within the SLED space and we will position this agreement when it best suits their procurement needs. When responding to a solicitation that directly disclaims the terms and conditions of this Master Agreement, we will comply with all appropriate contractual terms. Subject to applicable law, we represent that under this Agreement we will make reasonable commercial efforts to offer prices that are competitive with the prices offered to other similarly situated customers purchasing a comparable volume of the same products at the same time and under the same terms and conditions. Subject to applicable law, Supplier represents that under this Agreement it will make reasonable commercial efforts to offer prices that are competitive with the prices Supplier offers to other similarly situated customers purchasing a comparable volume of the same products at the same time and under the same terms and conditions. 151 112 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Cobb County Purchasing, Technology Product Solutions and Related Services Appendix A: Sample SOW See following pages for a Sample SoW that would need to be mutually agreed upon for all Service engagments. 152 [CDW Affiliate Logo] Proprietary and Confidential Page 1 STATEMENT OF WORK Project Name: Seller Representative: Customer Name: CDW Affiliate: Solution Architect: SOW Created Date: Version: Drafted By This statement of work (“Statement of Work” or “SOW”) is made and entered into on the last date that this SOW is fully executed as set forth below (“SOW Effective Date”) by and between the undersigned, [CDW Affiliate] (“Provider,” and “Seller,”) and [Customer Name] (“Customer,” and “Client,”). This SOW shall be governed by that certain [Governing Agreement Name] between [CDW Affiliate] and [Customer Name], dated [Governing Agreement Date] (the “Agreement”). If there is a conflict between this SOW and the Agreement, then the Agreement will control, except as expressly amended in this SOW by specific reference to the Agreement. References in the Agreement to a SOW or a Work Order apply to this SOW. PROJECT SCOPE SERVICE DESCRIPTION GENERAL RESPONSIBILITIES AND ASSUMPTIONS Customer is responsible for providing all access that is reasonably necessary to assist and accommodate Seller’s performance of the Services. Customer will provide in advance and in writing, and Seller will follow, all applicable Customer’s facility’s safety and security rules and procedures. Customer is responsible for security at all Customer-Designated Locations; Seller is not responsible for lost or stolen equipment, other than solely as a result of Seller’s gross negligence and willful misconduct. This SOW can be terminated by either party without cause upon at least fourteen (14) days’ advance written notice. CONTACT PERSONS Each Party will appoint a person to act as that Party’s point of contact (“Contact Person”) as the time for performance nears and will communicate that person’s name and information to the other Party’s Contact Person. 153 [CDW Affiliate Logo] Proprietary and Confidential Page 2 Customer Contact Person is authorized to approve materials and Services provided by Seller, and Seller may rely on the decisions and approvals made by the Customer Contact Person (except that Seller understands that Customer may require a different person to sign any Change Orders amending this SOW). The Customer Contact Person will manage all communications with Seller, and when Services are performed at a Customer-Designated Location, the Customer Contact Person will be present or available. The Parties’ Contact Persons shall be authorized to approve changes in personnel and associated rates for Services under this SOW. CHANGE MANAGEMENT This SOW may be modified or amended only in a writing signed by both Customer and Seller, generally in the form provided by Seller (“Change Order”). Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order. In the event of a conflict between the terms and conditions set forth in a fully executed Change Order and those set forth in this SOW or a prior fully executed Change Order, the terms and conditions of the most recent fully executed Change Order shall prevail. PROJECT SCHEDULING Customer and Seller, who will jointly manage this project, will together develop timelines for an anticipated schedule (“Anticipated Schedule”) based on Seller’s project management methodology. Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule, in this SOW or otherwise, are estimates only, and the Parties will not rely on them for purposes other than initial planning. TOTAL FEES The total fees due and payable under this SOW (“Total Fees”) include both fees for Seller’s performance of work (“Services Fees”) and any other related costs and fees specified in the Expenses section (“Expenses”). SERVICES FEES EXPENSES CUSTOMER DESIGNATED LOCATIONS Seller will provide Services benefiting the locations specified on the attached Exhibit (“Customer-Designated Locations”). PROJECT SPECIFIC TERMS 154 [CDW Affiliate Logo] Proprietary and Confidential Page 3 SIGNATURES In acknowledgement that the parties below have read and understood this Statement of Work and agree to be bound by it, each party has caused this Statement of Work to be signed and transferred by its respective authorized representative. This SOW and any Change Order may be signed in separate counterparts, each of which shall be deemed an original and all of which together will be deemed to be one original. Electronic signatures on this SOW or on any Change Order (or copies of signatures sent via electronic means) are the equivalent of handwritten signatures. [CDW Affiliate Name] By: Name: Title: Date: [Customer Name] By: Name: Title: Date: Mailing Address: [Affiliate Address line 1] [Affiliate Address line 2] Mailing Address: Street: City/ST/ZIP: EXHIBIT _ CUSTOMER-DESIGNATED LOCATIONS Seller will provide Services benefiting the following locations (“Customer-Designated Locations”). Location(s) 155 116 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Cobb County Purchasing, Technology Product Solutions and Related Services Appendix B: Required Forms See following pages for our signed forms required with this submission. 156 BID SUBMITTAL FORM SUBMIT BID/PROPOSAL TO: Cobb County Purchasing Department 122 Waddell Street NE Marietta, GA 30060 BID/PROJECT NUMBER: 23-6692 Request for Proposals Technology Product Solutions and Related Services Cobb County Purchasing Department DELIVERY DEADLINE: OCTOBER 13, 2022 BEFORE 12:00 (NOON) EST (NO BIDS/PROPOSALS WILL BE ACCEPTED AFTER THIS DEADLINE). Bid Opening Date: October 13, 2022 @ 2:00 P.M. in the Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, Georgia, 30060. BUSINESS NAME AND ADDRESS INFORMATION: Company name: _______________________________________________________________________ Contact name: _________________________________________________________________________ Company address: _____________________________________________________________________ E-mail address: ________________________________________________________________________ Phone number: ____________________________ Fax number: ______________________________ NAME AND OFFICIAL TITLE OF OFFICER GUARANTEEING THIS QUOTATION: ________________________________________ _________________________________________ (PLEASE PRINT/TYPE) NAME TITLE SIGNATURE OF OFFICER ABOVE: ________________________________________________________________ (SIGNATURE) TELEPHONE: __________________________________ FAX: _________________________________________ BIDDER WILL INDICATE TIME PAYMENT DISCOUNT: ________________________________________________ BIDDER SHALL INDICATE MAXIMUM DELIVERY DATE (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS) _______________________________________________ Bids received after the date and time indicated will not be considered. Cobb County reserves the right to reject any and all bids, to waive informalities, to reject portions of the bid, to waive technicalities and to award contracts in a manner consistent with the county and the laws governing the state of Georgia. The enclosed (or attached) bid is in response to Bid Number 23-6692; is a firm offer, as defined by section O.C.G.A. (s) 11-2-205 of the code of Georgia (Georgia laws 1962 pages 156-178), by the undersigned bidder. This offer shall remain open for acceptance for a period of 90 calendar days from the bid opening date, as set forth in this invitation to bid unless otherwise specified in the bid documents. CDW Government LLC Eric Moore eric.moore@cdwg.com 765-749-9981 David Hutchins VP Strategic Programs 847-968-9782 230 N Milwaukee Ave, Vernon Hills, IL 60061 847.465.6800 CDW•G does not offer Time Payment Discounts N/A 847-465-6800 157 REQUEST FOR PROPOSALS Sealed Bid # 23-6692 Technology Product Solutions and Related Services Cobb County Purchasing Department Bid Opening Date: October 13, 2022 Pre-Proposal Meeting via WebEx: September 14, 2022 at 3:00 PM Eastern Join from meeting link https://cobbcounty.webex.com/cobbcounty/j.php?MTID=m6334e0c9e0f46364cc2157383bc375a6 Meeting number (access code): 2317 292 4027 Meeting password: fxZKmmi3p93 Join by phone +1-415-655-0004 US Toll Proposals Are Received in the Cobb County Purchasing Department 122 Waddell Street NE Marietta, GA 30060 Before 12:00 (Noon) By the Bid Opening Date Proposal Will Be Opened in the Cobb County Purchasing Department at 2:00 pm 122 Waddell Street NE Marietta, GA 30060 VENDORS ARE REQUIRED TO SUBMIT THE ORIGINAL, TWO (2) COPIES & TEN (10) FLASH DRIVES OF BID (UNLESS OTHERWISE SPECIFIED IN BID SPECIFICATIONS) NAME: ________ ADDRESS: REPRESENTATIVE: PHONE: FAX: E-MAIL_______________________________________________________________________ NOTE: The Cobb County Purchasing Department will not be responsible for the accuracy or completeness of the content of any Cobb County Invitation to Bid or Request for Proposal or subsequent addenda thereto received from a source other than the Cobb County Purchasing Department. CDW Government LLC 230 N Milwaukee Ave, Vernon Hills, IL 60061 David Hutchins 847-968-9782 847.465.6800 david.hutchins@cdwg.com 158 25 CONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A) This affidavit must be signed, notarized and submitted with any bid requiring the performance of physical services. If the affidavit is not submitted at the time of the bid, the bid will be determined non-responsive and will be disqualified. By executing this affidavit, the undersigned contractor verifies compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is contracting with Cobb County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period. The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Cobb County, Georgia, the contractor or subcontractor will: (1) Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s); (2) Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A. § 13-10-91 on the attached Subcontractor Affidavit (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement; (3) Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement; (4) Provide the subcontractor(s) with legal notice that Cobb County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit; (5) Maintain records of such compliance and provide a copy of each such verification to Cobb County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Cobb County, Georgia; and (6)Maintain such records for a period of five (5) years. _________________________________ EEV Program Date of Authorization _________________________________ Contractor Business Name Date ON THIS THE ____ DAY OF __________2022 _______________________________________ Notary Public Commission Expires: _______ Effective 09-20-2013 CDW Government LLC 731442___________________________________ EEV (E-Verify) Program Number ____________________________ BY: Authorized Officer or Agent [Contractor Name] _________David Hutchins______ Printed Name SWORN AND SUBSCRIBED BEFORE ME ______10/11/2022__________________________ 03/26/2008 11th October 2 May 31, 2026 159 26 SUBCONTRACTOR AFFIDAVIT & AGREEMENT (EXHIBIT A-1) By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Cobb County, Georgia, has registered with, is authorized to use, and is participating in a federal work authorization program (an electronic verification of work authorization program operated by the U.S. Department of Homeland Security or any equivalent federal work authorization program operated by the U.S. Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA)). The undersigned contractor further attests that it will continue to use the federal Employment Eligibility Verification (EEV) work authorization program throughout the contract period. The undersigned further agrees that should it employ or contract with any subcontractor(s) or should its subcontractor(s) employ other subcontractor(s) for the physical performance of services pursuant to the contract with Cobb County, Georgia, the undersigned subcontractor will: (1)Notify the County within five business days of entering into a contract or agreement for hire with any subcontractor(s); (2)Secure from any subcontractor(s) and/or their subcontractor(s) verification of compliance with O.C.G.A. § 13-10-91 on this Subcontractor Affidavit form (EXHIBIT A-1) prior to the commencement of any work under the contract/agreement; (3)Secure from any subcontractor(s) and/or their subcontractor(s) a completed Immigration Compliance Certification (EXHIBIT A-2) prior to the commencement of any work under the contract/agreement; (4)Provide the subcontractor(s) with legal notice that Cobb County, Georgia, reserves the right to dismiss, or require the dismissal of, any contractor or subcontractor for failing to provide the affidavit and/or for failure to comply with the requirements referenced in the affidavit; (5)Maintain records of such compliance and provide a copy of each such verification to Cobb County, Georgia, at the time the subcontractor(s) is retained to perform such services or upon any request from Cobb County, Georgia; and (6)Maintain such records for a period of five (5) years. _____________________________ EEV Program Date of Authorization _____________________________ Subcontractor Business Name _____________________________ Date SWORN AND SUBSCRIBED BEFORE ME ON THIS THE ____ DAY OF ____________, 202_ ____________________________________________________ Notary Public Commission Expires: ______ Effective 09-20-2013 N/A_________________________ EEV (E-Verify) Program Number ___________________________________ BY: Authorized Officer or Agent [Subcontractor Name] ___________________________________ Printed Name 160 27 IMMIGRATION COMPLIANCE CERTIFICATION (Required to be completed by Contractors and all Subcontractors) (EXHIBIT A-2) I certify to the Cobb County Board of Commissioners that the following employees will be assigned to: ____________________________________________________________________________ (Project Name/Description) _____________________ _______________________ ________________________ _____________________ _______________________ ________________________ _____________________ _______________________ ________________________ I further certify to Cobb County, Georgia the following: ●The E-Verify program was used to verify the employment eligibility of each of the above-listed employees hired after the effective date of our contract to use the program; ●We have not received a Final Nonconfirmation response from E-Verify for any of the employees listed. ●If we receive a Final Nonconfirmation response from E-Verify for any of the employees listed above, we will immediately terminate that employee’s involvement with the project. ●I have confirmed that we have an I-9 on file for every employee listed above and that to the best of my knowledge all the I-9s are accurate. ●To the best of my knowledge and belief, all of the employees on the above list are legally authorized to work in the United States. ●If any other employee is assigned to this Cobb County project, a certification will be provided for said employee prior to the employee commencing work on the project. To the best of my knowledge and belief, the above certification is true, accurate and complete. Sworn to by: Employer Name & Address: _________________________________ _______________________________ Signature of Officer _______________________________ _______________________________ ON THIS THE ____ DAY OF ____________, 202_ Notary Public Commission Expires: ______ Effective 09-20-2013 Cobb County/OMNIA Technology Product Solutions and Related Services CDW Government LLC 230 N Milwaukee Ave Vernon Hills, IL 60061 _ ______________David Hutchins, VP Strategic Programs__________________ P Date________________________ SWORN AND SUBSCRIBED BEFORE ME AJ Lucci Don McCarthy Rob Sullivan Dan Gallagher Keshun Morgan Anup Sreedharan Heather Kohls Francie Gribble 11th October 2 May 31, 2026 10/11/2022 161 Version August 19, 2022 Attachment A Requirements for National Cooperative Contract To Be Administered by OMNIA Partners The following documents are used in evaluating and administering national cooperative contracts and are included for Supplier’s review and response. Exhibit A – Response for National Cooperative Contract Exhibit B – Administration Agreement, Example Exhibit C – Master Intergovernmental Cooperative Purchasing Agreement, Example Exhibit D – Principal Procurement Agency Certificate, Example Exhibit E – Contract Sales Reporting Template Exhibit F – Federal Funds Certifications Exhibit G – New Jersey Business Compliance Exhibit H – Advertising Compliance Requirement 162 Version August 19, 2022 Exhibit A Response for National Cooperative Contract 1.0 Scope of National Cooperative Contract Capitalized terms not otherwise defined herein shall have the meanings given to them in the Master Agreement or in the Administration Agreement between Supplier and OMNIA Partners. 1.1 Requirement The Cobb County, GA (hereinafter defined and referred to as “Principal Procurement Agency”), on behalf of itself and the National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector (“OMNIA Partners”), is requesting proposals for Technology Product Solutions and Related Services. The intent of this Request for Proposal is any contract between Principal Procurement Agency and Supplier resulting from this Request for Proposal (“Master Agreement”) be made available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. The Principal Procurement Agency has executed a Principal Procurement Agency Certificate with OMNIA Partners, an example of which is included as Exhibit D, and has agreed to pursue the Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners as a Participating Public Agency in OMNIA Partners’ cooperative purchasing program. Registration with OMNIA Partners as a Participating Public Agency is accomplished by Public Agencies entering into a Master Intergovernmental Cooperative Purchasing Agreement, an example of which is attached as Exhibit C, and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of the Master Intergovernmental Purchasing Cooperative Agreement or as otherwise agreed to. The terms and pricing established in the resulting Master Agreement between the Supplier and the Principal Procurement Agency will be the same as that available to Participating Public Agencies through OMNIA Partners. All transactions, purchase orders, invoices, payments etc., will occur directly between the Supplier and each Participating Public Agency individually, and neither OMNIA Partners, any Principal Procurement Agency nor any Participating Public Agency, including their respective agents, directors, employees or representatives, shall be liable to Supplier for any acts, liabilities, damages, etc., incurred by any other Participating Public Agency. Supplier is responsible for knowing the tax laws in each state. This Exhibit A defines the expectations for qualifying Suppliers based on OMNIA Partners’ requirements to market the resulting Master Agreement nationally to Public Agencies. Each section in this Exhibit A refers to the capabilities, requirements, obligations, and prohibitions of competing Suppliers on a national level in order to serve Participating Public Agencies through OMNIA Partners. 163 Version August 19, 2022 These requirements are incorporated into and are considered an integral part of this RFP. OMNIA Partners reserves the right to determine whether to make the Master Agreement awarded by the Principal Procurement Agency available to Participating Public Agencies, in its sole and absolute discretion, and any party submitting a response to this RFP acknowledges that any award by the Principal Procurement Agency does not obligate OMNIA Partners to make the Master Agreement available to Participating Procurement Agencies. 1.2 Marketing, Sales and Administrative Support During the term of the Master Agreement OMNIA Partners intends to provide marketing, sales, partnership development and administrative support for Supplier pursuant to this section that directly promotes the Supplier’s products and services to Participating Public Agencies through multiple channels, each designed to promote specific products and services to Public Agencies on a national basis. OMNIA Partners will assign the Supplier a Director of Partner Development who will serve as the main point of contact for the Supplier and will be responsible for managing the overall relationship between the Supplier and OMNIA Partners. The Director of Partner Development will work with the Supplier to develop a comprehensive strategy to promote the Master Agreement and will connect the Supplier with appropriate stakeholders within OMNIA Partners including, Sales, Marketing, Contracting, Training, and Operations & Support. The OMNIA Partners marketing team will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through channels that may include: A.Marketing collateral (print, electronic, email, presentations) B.Website C.Trade shows/conferences/meetings D.Advertising E. Social Media The OMNIA Partners sales teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through initiatives that may include: A.Individual sales calls B.Joint sales calls C.Communications/customer service D.Training sessions for Public Agency teams E.Training sessions for Supplier teams 164 Version August 19, 2022 The OMNIA Partners contracting teams will work in conjunction with Supplier to promote the Master Agreement to both existing Participating Public Agencies and prospective Public Agencies through: A.Serving as the subject matter expert for questions regarding joint powers authority and state statutes and regulations for cooperative purchasing B.Training sessions for Public Agency teams C.Training sessions for Supplier teams D.Regular business reviews to monitor program success E.General contract administration Suppliers are required to pay an Administrative Fee of 3% of the greater of the Contract Sales under the Master Agreement and Guaranteed Contract Sales under this Request for Proposal. Supplier will be required to execute the OMNIA Partners Administration Agreement (Exhibit B). 1.3 Estimated Volume The dollar volume purchased under the Master Agreement is estimated to be approximately $20 million annually. While no minimum volume is guaranteed to Supplier, the estimated annual volume is projected based on the current annual volumes among the Principal Procurement Agency, other Participating Public Agencies that are anticipated to utilize the resulting Master Agreement to be made available to them through OMNIA Partners, and volume growth into other Public Agencies through a coordinated marketing approach between Supplier and OMNIA Partners. 1.4 Award Basis The basis of any contract award resulting from this RFP made by Principal Procurement Agency will, at OMNIA Partners’ option, be the basis of award on a national level through OMNIA Partners. If multiple Suppliers are awarded by Principal Procurement Agency under the Master Agreement, those same Suppliers will be required to extend the Master Agreement to Participating Public Agencies through OMNIA Partners. Utilization of the Master Agreement by Participating Public Agencies will be at the discretion of the individual Participating Public Agency. Certain terms of the Master Agreement specifically applicable to the Principal Procurement Agency (e.g., governing law) are subject to modification for each Participating Public Agency as Supplier and such Participating Public Agency may agree without being in conflict with the Master Agreement as a condition of the Participating Agency’s purchase and not a modification of the Master Agreement applicable to all Participating Agencies. Participating Agencies may request to enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in the Master Agreement (e.g., governing law, invoice requirements, order requirements, specialized delivery, diversity requirements such as minority and woman owned businesses, historically underutilized business, etc.) (“Supplemental Agreement”). It shall be the 165 Version August 19, 2022 responsibility of the Supplier to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the Participating Agency. It shall further be the responsibility of the Supplier to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of the Master Agreement and adjust wage rates accordingly. In instances where supplemental terms and conditions create additional risk and cost for Supplier, Supplier and Participating Public Agency may negotiate additional pricing above and beyond the stated contract not-to-exceed pricing so long as the added price is commensurate with the additional cost incurred by the Supplier. Any supplemental agreement developed as a result of the Master Agreement is exclusively between the Participating Agency and the Supplier (Contract Sales are reported to OMNIA Partners). All signed Supplemental Agreements and purchase orders issued and accepted by the Supplier may survive expiration or termination of the Master Agreement. Participating Agencies’ purchase orders may exceed the term of the Master Agreement if the purchase order is issued prior to the expiration of the Master Agreement. Supplier is responsible for reporting all sales and paying the applicable Administrative Fee for sales that use the Master Agreement as the basis for the purchase order, even though Master Agreement may have expired. 1.5 Objectives of Cooperative Program This RFP is intended to achieve the following objectives regarding availability through OMNIA Partners’ cooperative program: A.Provide a comprehensive competitively solicited and awarded national agreement offering the Products covered by this solicitation to Participating Public Agencies; B.Establish the Master Agreement as the Supplier’s primary go to market strategy to Public Agencies nationwide; C.Achieve cost savings for Supplier and Public Agencies through a single solicitation process that will reduce the Supplier’s need to respond to multiple solicitations and Public Agencies need to conduct their own solicitation process; D.Combine the aggregate purchasing volumes of Participating Public Agencies to achieve cost effective pricing. 2.0 REPRESENTATIONS AND COVENANTS As a condition to Supplier entering into the Master Agreement, which would be available to all Public Agencies, Supplier must make certain representations, warranties and covenants to both the Principal Procurement Agency and OMNIA Partners designed to ensure the success of the Master Agreement for all Participating Public Agencies as well as the Supplier. 2.1 Corporate Commitment Supplier commits that (1) the Master Agreement has received all necessary corporate authorizations and support of the Supplier’s executive management, (2) the Master Agreement is Supplier's primary “go to market” strategy for Public Agencies, (3) the 166 Version August 19, 2022 Master Agreement will be promoted to all Public Agencies, including any existing customers, and Supplier will transition existing customers, upon their request, to the Master Agreement, and (4) that the Supplier has read and agrees to the terms and conditions of the Administration Agreement with OMNIA Partners and will execute such agreement concurrent with and as a condition of its execution of the Master Agreement with the Principal Procurement Agency. Supplier will identify an executive corporate sponsor and a separate national account manager within the RFP response that will be responsible for the overall management of the Master Agreement. 2.2 Pricing Commitment Supplier commits the not-to-exceed pricing provided under the Master Agreement pricing is its lowest available (net to buyer) to Public Agencies nationwide and further commits that if a Participating Public Agency is eligible for lower pricing through a national, state, regional or local or cooperative contract, the Supplier will match such lower pricing to that Participating Public Agency under the Master Agreement. 2.3 Sales Commitment Supplier commits to aggressively market the Master Agreement as its go to market strategy in this defined sector and that its sales force will be trained, engaged and committed to offering the Master Agreement to Public Agencies through OMNIA Partners nationwide. Supplier commits that all Master Agreement sales will be accurately and timely reported to OMNIA Partners in accordance with the OMNIA Partners Administration Agreement. Supplier also commits its sales force will be compensated, including sales incentives, for sales to Public Agencies under the Master Agreement in a consistent or better manner compared to sales to Public Agencies if the Supplier were not awarded the Master Agreement. 3.0 SUPPLIER RESPONSE Supplier must supply the following information for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners. 3.1 Company A.Brief history and description of Supplier to include experience providing similar products and services. B.Total number and location of salespersons employed by Supplier. C.Number and location of support centers (if applicable) and location of corporate office. D.Annual sales for the three previous fiscal years. a.Submit FEIN and Dunn & Bradstreet report. 167 Version August 19, 2022 E.Describe any green or environmental initiatives or policies. F.Describe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using the diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications. G.Indicate if supplier holds any of the below certifications in any classified areas and include proof of such certification in the response: a.Minority Women Business Enterprise Yes No If yes, list certifying agency: ___________________________________ b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) Yes No If yes, list certifying agency: ___________________________________ c.Historically Underutilized Business (HUB) Yes No If yes, list certifying agency: ___________________________________ d. Historically Underutilized Business Zone Enterprise (HUBZone) Yes No If yes, list certifying agency: ___________________________________ e. Other recognized diversity certificate holder Yes No If yes, list certifying agency: ____________________________________ H. List any relationships with subcontractors or affiliates intended to be used when providing services and identify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency. I.Describe how supplier differentiates itself from its competitors. J.Describe any present or past litigation, bankruptcy or reorganization involving supplier. K.Felony Conviction Notice: Indicate if the supplier a.is a publicly held corporation and this reporting requirement is not applicable; b.is not owned or operated by anyone who has been convicted of a felony; or c.is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions. L.Describe any debarment or suspension actions taken against supplier X X X X X 168 Version August 19, 2022 3.2 Distribution, Logistics A.Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier. B.Describe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and Outlying Areas. C.Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement. D.Identify all other companies that will be involved in processing, handling or shipping the products/service to the end user. E.Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable. 3.3 Marketing and Sales A.Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams nationwide, to include, but not limited to: i.Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days ii.Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days B.Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to market the Master Agreement to current Participating Public Agencies, existing Public Agency customers of Supplier, as well as to prospective Public Agencies nationwide immediately upon award, to include, but not limited to: i.Creation and distribution of a co-branded press release to trade publications ii.Announcement, Master Agreement details and contact information published on the Supplier’s website within first 90 days iii.Design, publication and distribution of co-branded marketing materials within first 90 days 169 Version August 19, 2022 iv.Commitment to attendance and participation with OMNIA Partners at national (i.e. NIGP Annual Forum, NPI Conference, etc.), regional (i.e. Regional NIGP Chapter Meetings, Regional Cooperative Summits, etc.) and supplier-specific trade shows, conferences and meetings throughout the term of the Master Agreement v.Commitment to attend, exhibit and participate at the NIGP Annual Forum in an area reserved by OMNIA Partners for partner suppliers. Booth space will be purchased and staffed by Supplier. In addition, Supplier commits to provide reasonable assistance to the overall promotion and marketing efforts for the NIGP Annual Forum, as directed by OMNIA Partners. vi.Design and publication of national and regional advertising in trade publications throughout the term of the Master Agreement vii.Ongoing marketing and promotion of the Master Agreement throughout its term (case studies, collateral pieces, presentations, promotions, etc.) viii.Dedicated OMNIA Partners internet web-based homepage on Supplier’s website with: •OMNIA Partners standard logo; •Copy of original Request for Proposal; •Copy of Master Agreement and amendments between Principal Procurement Agency and Supplier; •Summary of Products and pricing; •Marketing Materials •Electronic link to OMNIA Partners’ website including the online registration page; •A dedicated toll-free number and email address for OMNIA Partners C.Describe how Supplier will transition any existing Public Agency customers’ accounts to the Master Agreement available nationally through OMNIA Partners. Include a list of current cooperative contracts (regional and national) Supplier holds and describe how the Master Agreement will be positioned among the other cooperative agreements. D.Acknowledge Supplier agrees to provide its logo(s) to OMNIA Partners and agrees to provide permission for reproduction of such logo in marketing communications and promotions. Acknowledge that use of OMNIA Partners logo will require permission for reproduction, as well. E.Confirm Supplier will be proactive in direct sales of Supplier’s goods and services to Public Agencies nationwide and the timely follow up to leads established by OMNIA Partners. All sales materials are to use the OMNIA Partners logo. At a minimum, the Supplier’s sales initiatives should communicate: i.Master Agreement was competitively solicited and publicly awarded by a Principal Procurement Agency 170 Version August 19, 2022 ii.Best government pricing iii.No cost to participate iv.Non-exclusive F.Confirm Supplier will train its national sales force on the Master Agreement. At a minimum, sales training should include: i.Key features of Master Agreement ii.Working knowledge of the solicitation process iii.Awareness of the range of Public Agencies that can utilize the Master Agreement through OMNIA Partners iv. Knowledge of benefits of the use of cooperative contracts G.Provide the name, title, email and phone number for the person(s), who will be responsible for: i.Executive Support ii.Marketing iii.Sales iv. Sales Support v.Financial Reporting vi. Accounts Payable vii.Contracts H.Describe in detail how Supplier’s national sales force is structured, including contact information for the highest-level executive in charge of the sales team. I.Explain in detail how the sales teams will work with the OMNIA Partners team to implement, grow and service the national program. I.Explain in detail how Supplier will manage the overall national program throughout the term of the Master Agreement, including ongoing coordination of marketing and sales efforts, timely new Participating Public Agency account set- up, timely contract administration, etc. J.State the amount of Supplier’s Public Agency sales for the previous fiscal year. Provide a list of Supplier’s top 10 Public Agency customers, the total purchases for each for the previous fiscal year along with a key contact for each. K.Describe Supplier’s information systems capabilities and limitations regarding order management through receipt of payment, including description of multiple platforms that may be used for any of these functions. 171 Version August 19, 2022 L.Provide the Contract Sales (as defined in Section 12 of the OMNIA Partners Administration Agreement) that Supplier will guarantee each year under the Master Agreement for the initial three years of the Master Agreement (“Guaranteed Contract Sales”). $_______.00 in year one $_______.00 in year two $_______.00 in year three To the extent Supplier guarantees minimum Contract Sales, the Administrative Fee shall be calculated based on the greater of the actual Contract Sales and the Guaranteed Contract Sales. M.Even though it is anticipated many Public Agencies will be able to utilize the Master Agreement without further formal solicitation, there may be circumstances where Public Agencies will issue their own solicitations. The following options are available when responding to a solicitation for Products covered under the Master Agreement. i.Respond with Master Agreement pricing (Contract Sales reported to OMNIA Partners). ii.If competitive conditions require pricing lower than the standard Master Agreement not-to-exceed pricing, Supplier may respond with lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales are reported as Contract Sales to OMNIA Partners under the Master Agreement. iii.Respond with pricing higher than Master Agreement only in the unlikely event that the Public Agency refuses to utilize Master Agreement (Contract Sales are not reported to OMNIA Partners). iv.If alternative or multiple proposals are permitted, respond with pricing higher than Master Agreement, and include Master Agreement as the alternate or additional proposal. Detail Supplier’s strategies under these options when responding to a solicitation. 172 Exhibit C Master Intergovernmental Cooperative Purchasing Agreement, Example MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this “Agreement”) is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate (“Principal Procurement Agencies”) with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, “OMNIA Partners”), in its capacity as the cooperative administrator, to be appended and made a part hereof and such other public agencies (“Participating Public Agencies”) who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the “OMNIA Partners Parties”) by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into “Master Agreements” (herein so called) to provide a variety of goods, products and services (“Products”) to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1.Each party will facilitate the cooperative procurement of Products. 2.The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency’s procurement practices. The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies’ participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(j), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable “safe harbor” regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives. 173 Version August 19, 2022 3.The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider; provided that the foregoing shall not prohibit Participating Public Agency from furnishing health care services so long as the furnishing of healthcare services is not in furtherance of a primary purpose of the Participating Public Agency. 4.The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5.The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6.The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization (“GPO”) agreements directly or indirectly by enrolling the Participating Public Agency in another GPO’s purchasing program, provided that the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency’s sole discretion. 7.The Participating Public Agencies (each a “Procuring Party”) that procure Products through any Master Agreement or GPO Product supply agreement (each a “GPO Contract”) will make timely payments to the distributor, manufacturer or other vendor (collectively, “Supplier”) for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8.The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not-to-exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9.The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 174 Version August 19, 2022 11.This Agreement shall remain in effect until termination by either party giving thirty (30) days’ written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12.This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable. Participating Public Agency: OMNIA Partners, as the cooperative administrator on behalf of Principal Procurement Agencies: NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY COMMUNITIES PROGRAM MANAGEMENT, LLC Authorized Signature Signature Sarah E. Vavra Name Name Sr. Vice President, Public Sector Contracting Title and Agency Name Title Date Date Signature will be provided upon contract negotiation agreement 175 Version August 19, 2022 Exhibit F Federal Funds Certifications FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT TO WHOM IT MAY CONCERN: Participating Agencies may elect to use federal funds to purchase under the Master Agreement. This form should be completed and returned. DEFINITIONS Contract means a legal instrument by which a non–Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this part does not include a legal instrument, even if the non–Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward Contractor means an entity that receives a contract as defined in Contract. Cooperative agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non–Federal entity that, consistent with 31 U.S.C. 6302–6305: (a)Is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non–Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire property or services for the Federal government or pass-through entity's direct benefit or use; (b)Is distinguished from a grant in that it provides for substantial involvement between the Federal awarding agency or pass-through entity and the non–Federal entity in carrying out the activity contemplated by the Federal award. (c) The term does not include: (1) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (2) An agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii)A subsidy; (iii)A loan; (iv) A loan guarantee; or (v)Insurance. Federal awarding agency means the Federal agency that provides a Federal award directly to a non–Federal entity Federal award has the meaning, depending on the context, in either paragraph (a) or (b) of this section: (a)(1) The Federal financial assistance that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability; or (2)The cost-reimbursement contract under the Federal Acquisition Regulations that a non–Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity, as described in § 200.101 Applicability. (b)The instrument setting forth the terms and conditions. The instrument is the grant agreement, cooperative agreement, other agreement for assistance covered in paragraph (b) of § 200.40 Federal financial assistance, or the cost-reimbursement contract awarded under the Federal Acquisition Regulations. (c)Federal award does not include other contracts that a Federal agency uses to buy goods or services from a contractor or a contract to operate Federal government owned, contractor operated facilities (GOCOs). (d) See also definitions of Federal financial assistance, grant agreement, and cooperative agreement. Non–Federal entity means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. 176 Version August 19, 2022 Nonprofit organization means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: (a)Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (b) Is not organized primarily for profit; and (c)Uses net proceeds to maintain, improve, or expand the operations of the organization. Obligations means, when used in connection with a non–Federal entity's utilization of funds under a Federal award, orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non–Federal entity during the same or a future period. Pass-through entity means a non–Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Recipient means a non–Federal entity that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. The term recipient does not include subrecipients. Simplified acquisition threshold means the dollar amount below which a non–Federal entity may purchase property or services using small purchase methods. Non–Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of § 200.67 Micro-purchase.) Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non–Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. The following provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Per FAR 52.204-24 and FAR 52.204-25, solicitations and resultant contracts shall contain the following provisions. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3. (a)Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. 177 Version August 19, 2022 (b)Prohibition. (1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c)Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d)Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e)Disclosures. (1)Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer. (i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2)Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); X X 178 Version August 19, 2022 (B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020). (a)Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means– (1)Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2)For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3)Telecommunications or video surveillance services provided by such entities or using such equipment; or (4)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means– (1)Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2)Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i)Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii)For reasons relating to regional stability or surreptitious listening; (3)Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4)Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5)Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6)Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. 179 Version August 19, 2022 Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b)Prohibition. (1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2)Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115- 232)prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. (c)Exceptions. This clause does not prohibit contractors from providing— (1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2)Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (d)Reporting requirement. (1)In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i)Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items. The following certifications and provisions may be required and apply when Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of 180 Version August 19, 2022 Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does offeror agree? YES Initials of Authorized Representative of offeror (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will beeffected and the basis for settlement. (All contracts in excess of $10,000) Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract. Does offeror agree? YES Initials of Authorized Representative of offeror (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. Does offeror agree to abide by the above? YES Initials of Authorized Representative of offeror (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented byDepartment of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does offeror agree? YES Initials of Authorized Representative of offeror 181 Version August 19, 2022 (E)Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissibleprovided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for allhours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does offeror agree? YES Initials of Authorized Representative of offeror (F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “fundingagreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a smallbusiness firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and SmallBusiness Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Does offeror agree? YES Initials of Authorized Representative of offeror (G)Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Does offeror agree? YES Initials of Authorized Representative of offeror (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not bemade to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the Executive Office of the President Office of Management and Budget (OMB) guidelines at 2 CFR 180 thatimplement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than ExecutiveOrder 12549. Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any 182 Version August 19, 2022 federal department or agency, the offeror will notify the Participating Agency. Does offeror agree? YES Initials of Authorized Representative of offeror (I)Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that: (1)No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does offeror agree? YES Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does offeror agree? YES Initials of Authorized Representative of offeror 183 Version August 19, 2022 CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROVISIONS Unless Supplier is exempt (See FAR 25.103), when authorized by statute or explicitly indicated by Participating Public Agency, Buy American requirements will apply where only unmanufactured construction material mined or produced in the United States shall be used (see Subpart 25.6 – American Recovery and Reinvestment Act-Buy American statute for additional details). CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. Does offeror agree? YES Initials of Authorized Representative of offeror CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does offeror agree? YES Initials of Authorized Representative of offeror Offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Offeror’s Name: _________________________________________________________________________________________ Address, City, State, and Zip Code: _________________________________________________________________ Phone Number: ______________________________ Fax Number: ________________________________ __________________________________ CDW Government LLC 230 N Milwaukee Ave, Vernon Hills, IL 60061 David Hutchins, VP Strategic ProgramsPrinted Name and Title of Authorized Representative: _ ______________________________ Email Address: _______________________________________________________________________________ Signature of Authorized Representative: ____________________________________Date: _______10/11/2022______________________ 847-968-9782 847.465.6800 david.hutchins@cdwg.com 184 Version August 19, 2022 FEMA SPECIAL CONDITIONS Awarded Supplier(s) may need to respond to events and losses where products and services are needed for the immediate and initial response to emergency situations such as, but not limited to, water damage, fire damage, vandalism cleanup, biohazard cleanup, sewage decontamination, deodorization, and/or wind damage during a disaster or emergency situation. By submitting a proposal, the Supplier is accepted these FEMA Special Conditions required by the Federal Emergency Management Agency (FEMA). “Contract” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as the “Master Agreement”. “Contractor” in the below pages under FEMA SPECIAL CONDITIONS is also referred to and defined as “Supplier” or “Awarded Supplier”. Conflicts of Interest No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a FEMA award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties, has a financial or other interest in or a tangible personal benefit from a firm considered for award. 2 C.F.R. § 200.318(c)(1); See also Standard Form 424D, ¶ 7; Standard Form 424B, ¶ 3. i. FEMA considers a “financial interest” to be the potential for gain or loss to the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of these parties as a result of the particular procurement. The prohibited financial interest may arise from ownership of certain financial instruments or investments such as stock, bonds, or real estate, or from a salary, indebtedness, job offer, or similar interest that might be affected by the particular procurement. ii. FEMA considers an “apparent” conflict of interest to exist where an actual conflict does not exist, but where a reasonable person with knowledge of the relevant facts would question the impartiality of the employee, officer, or agent participating in the procurement. c. Gifts. The officers, employees, and agents of the Participating Public Agency nor the Participating Public Agency (“NFE”) must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, NFE’s may set standards for situations in which the financial interest is de minimus, not substantial, or the gift is an unsolicited item of nominal value. 2 C.F.R. § 200.318(c)(1). d. Violations. The NFE’s written standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the NFE. 2 C.F.R. § 200.318(c)(1). For example, the penalty for a NFE’s employee may be dismissal, and the penalty for a contractor might be the termination of the contract. Contractor Integrity A contractor must have a satisfactory record of integrity and business ethics. Contractors that are debarred or suspended, as described in and subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension), must be rejected and cannot receive contract awards at any level. Public Policy A contractor must comply with the public policies of the Federal Government and state, local government, or tribal government. This includes, among other things, past and current compliance with the: a.Equal opportunity and nondiscrimination laws b.Five affirmative steps described at 2 C.F.R. § 200.321(b) for all subcontracting under contracts supported by FEMA financial assistance; and FEMA Procurement Guidance June 21, 2016 Page IV- 7 c.Applicable prevailing wage laws, regulations, and executive orders 185 Version August 19, 2022 Affirmative Steps For any subcontracting opportunities, Contractor must take the following Affirmative steps: 1.Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2.Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3.Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4.Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5.Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Prevailing Wage Requirements When applicable, the awarded Contractor (s) and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including the Davis-Bacon Act, applicable to this solicitation and/or Participating Public Agencies. The Participating Public Agency shall notify the Contractor of the applicable pricing/prevailing wage rates and must apply any local wage rates requested. The Contractor and any subcontractor(s) shall comply with the prevailing wage rates set by the Participating Public Agency. Federal Requirements If products and services are issued in response to an emergency or disaster recovery the items below, located in this FEMA Special Conditions section of the Federal Funds Certifications, are activated and required when federal funding may be utilized. 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II, Required Contract Clauses 1.CONTRACT REMEDIES Contracts for more than the federal simplified acquisition threshold (SAT), the dollar amount below which an NFE may purchase property or services using small purchase methods, currently set at $250,000 for procurements made on or after June 20, 2018,4 must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and must provide for sanctions and penalties as appropriate. 1.1 Applicability This contract provision is required for contracts over the SAT, currently set at $250,000 for procurements made on or after June 20, 2018. Although not required for contracts at or below the SAT, FEMA suggests including a remedies provision. 1.2 Additional Considerations For FEMA’s Assistance to Firefighters Grant (AFG) Program, recipients must include a penalty clause in all contracts for any AFG-funded vehicle, regardless of dollar amount. In that situation, the contract must include a clause addressing that non-delivery by the contract’s specified date or other vendor nonperformance will require a penalty of no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. This penalty clause should, however, account for force majeure or acts of God. AFG recipients should refer to the applicable year’s Notice of Funding Opportunity (NOFO) for additional information, which can be accessed at FEMA.gov. 186 Version August 19, 2022 2.TERMINATION FOR CAUSE AND CONVENIENCE a.Standard. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity, including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II(B). b.Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3.EQUAL EMPLOYMENT OPPORTUNITY When applicable: a.Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). b.Key Definitions. i.Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60- 1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. ii.Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c.Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d.Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following contract clause. During the performance of this contract, the contractor agrees as follows: 187 Version August 19, 2022 (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7)In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or 188 Version August 19, 2022 purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 4.DAVIS-BACON ACT a.Standard. All prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b.Applicability. The Davis-Bacon Act applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant 189 Version August 19, 2022 Program. c.Requirements. If applicable, the non-federal entity must do the following: i.The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. ii.Additionally, pursuant 2 C.F.R. Part 200, Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to FEMA. iii.Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Suggested Language. The following provides a sample contract clause: Compliance with the Davis-Bacon Act. a.All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b.Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c.Additionally, contractors are required to pay wages not less than once a week. 5.COPELAND ANTI-KICKBACK ACT a.Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). b.Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. 190 Version August 19, 2022 c.Requirements. If applicable, the non-federal entity must include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language. The following provides a sample contract clause: Compliance with the Copeland “Anti-Kickback” Act. a.Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. c.Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12.” 6.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability. This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of 191 Version August 19, 2022 intelligence. c. Suggested Language. The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause: Compliance with the Contract Work Hours and Safety Standards Act. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3)Withholding for unpaid wages and liquidated damages. The Federal agency or loan/grant recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. 7.RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of “funding agreement” under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any 192 Version August 19, 2022 implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability. This requirement applies to “funding agreements,” but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.” c. Funding Agreements Definition. The regulation at 37 C.F.R. § 401.2(a) defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 8.CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G). b. Applicability. This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant. c. Suggested Language. The following provides a sample contract clause. Clean Air Act 1.The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2.The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3.The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 1.The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as 193 Version August 19, 2022 amended, 33 U.S.C. 1251 et seq. 2.The contractor agrees to report each violation to the Participating Public Agency and understands and agrees that the Participating Public Agency will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3.The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 9.DEBARMENT AND SUSPENSION a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security’s regulations at 2 C.F.R. Part 3000 (Non-procurement Debarment and Suspension). b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. c. Requirements. i.These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. § 180.530. ii.In general, an “excluded” party cannot receive a Federal grant award or a contract within the meaning of a “covered transaction,” to include subawards and subcontracts. This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a “covered transaction,” which is any non-procurement transaction (unless excepted) at either a “primary” or “secondary” tier. Although “covered transactions” do not include contracts awarded by the Federal Government for purposes of the non-procurement common rule and DHS’s implementing regulations, it does include some contracts awarded by recipients and subrecipients. iii.Specifically, a covered transaction includes the following contracts for goods or services: 1.The contract is awarded by a recipient or subrecipient in the amount of at least $25,000. 2.The contract requires the approval of FEMA, regardless of amount. 194 Version August 19, 2022 3.The contract is for federally-required audit services. 4.A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of $25,000. d. Suggested Language. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified. Suspension and Debarment (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the Participating Public Agency. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Participating Public Agency, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10.BYRD ANTI-LOBBYING AMENDMENT a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA’s regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Federal awarding agency. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of $100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. §1352; and 44 C.F.R. Part 18. 195 Version August 19, 2022 c. Suggested Language. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 196 Version August 19, 2022 The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official Name and Title of Contractor’s Authorized Official Date CDW Government LLC David Hutchins, VP Strategic Programs 10/11/2022 197 11.PROCUREMENT OF RECOVERED MATERIALS a. Standard. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix II(J); and 2 C.F.R. § 200.322. b. Applicability. This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs. c. Requirements. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language. i.In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— 1.Competitively within a timeframe providing for compliance with the contract performance schedule; 2.Meeting contract performance requirements; or 3.At a reasonable price. ii.Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. iii.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” 12.DOMESTIC PREFERENCES FOR PROCUREMENTS As appropriate, and to the extent consistent with law, CONTRACTOR should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products. Applicability For purchases in support of FEMA declarations and awards issued on or after November 12, 2020, all FEMA recipients and subrecipients are required to include in all contracts and purchase orders for work or products a contract provision encouraging domestic preference for procurements. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.” 13.ACCESS TO RECORDS 198 Version August 19, 2022 a. Standard. All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions: Version 8.1 (2018). Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General. Access to Records. The following access to records requirements apply to this contract: i.The Contractor agrees to provide Participating Public Agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. ii.The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. iii.The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. iv.In compliance with the Disaster Recovery Act of 2018, the Participating Public Agency and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 14.CHANGES a. Standard. To be eligible for FEMA assistance under the non-Federal entity’s FEMA grant or cooperative agreement, the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b.Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. 15.DHS SEAL, LOGO, AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions: Version 8.1 (2018). b.Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. c.“The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 199 Version August 19, 2022 16.COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS a. Standard. The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders. b.Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. c.“This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.” 17.NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract. b.Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c.“The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.” 18.PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions: Version 8.1 (2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. b.Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c.“The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.” 200 Version August 19, 2022 Offeror agrees to comply with all terms and conditions outlined in the FEMA Special Conditions section of this solicitation. Offeror’s Name: ______________________________________________ Address, City, State, and Zip Code: _____________________________________________________________________________ Phone Number: ________________________ Fax Number: ______________________________ Printed Name and Title of Authorized Representative: ____________________________________________________________ Email Address: _____________________________________________ Signature of Authorized Representative: ____________________________________ CDW Government LLC 230 N Milwaukee Ave, Vernon Hills, IL 60061 David Hutchins, VP Strategic Programs david.hutchins@CDWG.com Date 10/11/2022 847-968-9782 847-465-6800 201 Version August 19, 2022 Exhibit G New Jersey Business Compliance NEW JERSEY BUSINESS COMPLIANCE Suppliers intending to do business in the State of New Jersey must comply with policies and procedures required under New Jersey statues. All offerors submitting proposals must complete the following forms specific to the State of New Jersey. Completed forms should be submitted with the offeror’s response to the RFP. Failure to complete the New Jersey packet will impact OMNIA Partners’ ability to promote the Master Agreement in the State of New Jersey. DOC #1 Ownership Disclosure Form DOC #2 Non-Collusion Affidavit DOC #3 Affirmative Action Affidavit DOC #4 Political Contribution Disclosure Form DOC #5 Stockholder Disclosure Certification DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran DOC #7 New Jersey Business Registration Certificate DOC #8 EEOAA Evidence DOC #9 MacBride Principals Form New Jersey suppliers are required to comply with the following New Jersey statutes when applicable: •all anti-discrimination laws, including those contained in N.J.S.A. 10:2-1 through N.J.S.A. 10:2-14, N.J.S.A. 10:5-1, and N.J.S.A. 10:5-31 through 10:5-38; •Prevailing Wage Act, N.J.S.A. 34:11-56.26, for all contracts within the contemplation of the Act; •Public Works Contractor Registration Act, N.J.S.A. 34:11-56.26; and •Bid and Performance Security, as required by the applicable municipal or state statutes. 202 Version August 19, 2022 DOC #1 STATEMENT OF OWNERSHIP DISCLOSURE N.J.S.A. 52:25-24.2 (P.L. 1977, c.33, as amended by P.L. 2016, c.43) This statement shall be completed, certified to, and included with all bid and proposal submissions. Failure to submit the required information is cause for automatic rejection of the bid or proposal. Name of Organization:_____________________________________________________ Organization Address:_____________________________________________________ Part I Check the box that represents the type of business organization: Sole Proprietorship (skip Parts II and III, execute certification in Part IV) Non-Profit Corporation (skip Parts II and III, execute certification in Part IV) For-Profit Corporation (any type) Limited Liability Company (LLC) Partnership Limited Partnership Limited Liability Partnership (LLP) Other (be specific): ______________________________________________ Part II The list below contains the names and addresses of all stockholders in the corporation who own 10 percent or more of its stock, of any class, or of all individual partners in the partnership who own a 10 percent or greater interest therein, or of all members in the limited liability company who own a 10 percent or greater interest therein, as the case may be. (COMPLETE THE LIST BELOW IN THIS SECTION) OR No one stockholder in the corporation owns 10 percent or more of its stock, of any class, or no individual partner in the partnership owns a 10 percent or greater interest therein, or no member in the limited liability company owns a 10 percent or greater interest therein, as the case may be. (SKIP TO PART IV) (Please attach additional sheets if more space is needed): Name of Individual or Business Entity Home Address (for Individuals) or Business Address CDW Government LLC 230 N Milwaukee Ave, Vernon Hills, IL 60061 X X 203 Version August 19, 2022 Part III DISCLOSURE OF 10% OR GREATER OWNERSHIP IN THE STOCKHOLDERS, PARTNERS OR LLC MEMBERS LISTED IN PART II If a bidder has a direct or indirect parent entity which is publicly traded, and any person holds a 10 percent or greater beneficial interest in the publicly traded parent entity as of the last annual federal Security and Exchange Commission (SEC) or foreign equivalent filing, ownership disclosure can be met by providing links to the website(s) containing the last annual filing(s) with the federal Securities and Exchange Commission (or foreign equivalent) that contain the name and address of each person holding a 10% or greater beneficial interest in the publicly traded parent entity, along with the relevant page numbers of the filing(s) that contain the information on each such person. Attach additional sheets if more space is needed. Website (URL) containing the last annual SEC (or foreign equivalent) filing Page #’s Please list the names and addresses of each stockholder, partner or member owning a 10 percent or greater interest in any corresponding corporation, partnership and/or limited liability company (LLC) listed in Part II other than for any publicly traded parent entities referenced above. The disclosure shall be continued until names and addresses of every noncorporate stockholder, and individual partner, and member exceeding the 10 percent ownership criteria established pursuant to N.J.S.A. 52:25-24.2 has been listed. Attach additional sheets if more space is needed. Stockholder/Partner/Member and Corresponding Entity Listed in Part II Home Address (for Individuals) or Business Address Part IV Certification I, being duly sworn upon my oath, hereby represent that the foregoing information and any attachments thereto to the best of my knowledge are true and complete. I acknowledge: that I am authorized to execute this certification on behalf of the bidder/proposer; that the <name of contracting unit> is relying on the information contained herein and that I am under a continuing obligation from the date of this certification through the completion of any contracts with <type of contracting unit> to notify the <type of contracting unit> in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I am subject to criminal prosecution under the law and that it will constitute a material breach of my agreement(s) with the, permitting the <type of contracting unit> to declare any contract(s) resulting from this certification void and unenforceable. Full Name (Print): Title: Signature: Date: David Hutchins VP Strategic Programs 10/11/2002 N/A 204 Version August 19, 2022 DOC #2 NON-COLLUSION AFFIDAVIT STANDARD BID DOCUMENT REFERENCE Reference: VII-H Name of Form: NON-COLLUSION AFFIDAVIT Statutory Reference: No specific statutory reference State Statutory Reference N.J.S.A. 52:34-15 Instructions Reference: Statutory and Other Requirements VII-H Description: The Owner’s use of this form is optional. It is used to ensure that the bidder has not participated in any collusion with any other bidder or Owner representative or otherwise taken any action in restraint of free and competitive bidding. 205 Version August 19, 2022 NON-COLLUSION AFFIDAVIT State of Illinois County of ________________ ss: I, ________________________________ residing in ___________________________________ (name of affiant) (name of municipality) in the County of _______________________________ and State of _____________________of full age, being duly sworn according to law on my oath depose and say that: I am _____________________________________ of the firm of _________________________ (title or position) (name of firm) _____________________________________ the bidder making this Proposal for the bid entitled ______________________________, and that I executed the said proposal with (title of bid proposal) full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal (name of contracting unit) and in the statements contained in this affidavit in awarding the contract for the said project. I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________. Subscribed and sworn to before me this day _____________________________ Signature ___________________________________ (Type or print name of affiant under signature) _____________________________ Notary public of My Commission expires _______________ (Seal) Lake David Hutchins Lincolnshire Lake Illinois VP Strategic Programs CDW Government LLC Technology Product Solutions and Related Services Cobb County and OMNIA Partners CDW Government LLC David Hutchins May 31, 2026 Connecticut October 11, 2022 206 Version August 19, 2022 DOC #3 AFFIRMATIVE ACTION AFFIDAVIT (P.L. 1975, C.127) Company Name: Street: City, State, Zip Code: Proposal Certification: Indicate below company’s compliance with New Jersey Affirmative Action regulations. Company’s proposal will be accepted even if company is not in compliance at this time. No contract and/or purchase order may be issued, however, until all Affirmative Action requirements are met. Required Affirmative Action Evidence: Procurement, Professional & Service Contracts (Exhibit A) Vendors must submit with proposal: 1.A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter); OR 2.A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; OR 3.A photocopy of an Employee Information Report (Form AA302) provided by the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4. Public Work – Over $50,000 Total Project Cost: A.No approved Federal or New Jersey Affirmative Action Plan. We will complete Report Form AA201. A project contract ID number will be assigned to your firm upon receipt of the completed Initial Project Workforce Report (AA201) for this contract. B.Approved Federal or New Jersey Plan – certificate enclosed I further certify that the statements and information contained herein, are complete and correct to the best of my knowledge and belief. _________________________________ Date Authorized Signature and Title CDW Government LLC 230 N Milwaukee Ave Vernon Hills, IL 60061 VP Strategic Programs10/11/2022 207 20 8 Version August 19, 2022 DOC #3, continued P.L. 1995, c. 127 (N.J.A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this non-discrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisement for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor or subcontractor, where applicable, will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers trade consistent with the applicable county employment goal prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, C.127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of it testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the state of New Jersey and as established by applicable Federal law and applicable Federal court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and lay-off to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (NJAC 17:27). ________________________________________________ Signature of Procurement Agent 209 Version August 19, 2022 DOC #4 C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Public Agency Instructions This page provides guidance to public agencies entering into contracts with business entities that are required to file Political Contribution Disclosure forms with the agency. It is not intended to be provided to contractors. What follows are instructions on the use of form local units can provide to contractors that are required to disclose political contributions pursuant to N.J.S.A. 19:44A-20.26 (P.L. 2005, c. 271, s.2). Additional information on the process is available in Local Finance Notice 2006-1 (http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). Please refer back to these instructions for the appropriate links, as the Local Finance Notices include links that are no longer operational. 1.The disclosure is required for all contracts in excess of $17,500 that are not awarded pursuant to a “fair and open” process (N.J.S.A. 19:44A-20.7). 2.Due to the potential length of some contractor submissions, the public agency should consider allowing data to be submitted in electronic form (i.e., spreadsheet, pdf file, etc.). Submissions must be kept with the contract documents or in an appropriate computer file and be available for public access. The form is worded to accept this alternate submission. The text should be amended if electronic submission will not be allowed. 3.The submission must be received from the contractor and on file at least 10 days prior to award of the contract. Resolutions of award should reflect that the disclosure has been received and is on file. 4.The contractor must disclose contributions made to candidate and party committees covering a wide range of public agencies, including all public agencies that have elected officials in the county of the public agency, state legislative positions, and various state entities. The Division of Local Government Services recommends that contractors be provided a list of the affected agencies. This will assist contractors in determining the campaign and political committees of the officials and candidates affected by the disclosure. a.The Division has prepared model disclosure forms for each county. They can be downloaded from the “County PCD Forms” link on the Pay-to-Play web site at http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html#12. They will be updated from time-to-time as necessary. b.A public agency using these forms should edit them to properly reflect the correct legislative district(s). As the forms are county-based, they list all legislative districts in each county. Districts that do not represent the public agency should be removed from the lists. c.Some contractors may find it easier to provide a single list that covers all contributions, regardless of the county. These submissions are appropriate and should be accepted. d.The form may be used “as-is”, subject to edits as described herein. e.The “Contractor Instructions” sheet is intended to be provided with the form. It is recommended that the Instructions and the form be printed on the same piece of paper. The form notes that the Instructions are printed on the back of the form; where that is not the case, the text should be edited accordingly. f.The form is a Word document and can be edited to meet local needs, and posted for download on web sites, used as an e-mail attachment, or provided as a printed document. 5.It is recommended that the contractor also complete a “Stockholder Disclosure Certification.” This will assist the local unit in its obligation to ensure that contractor did not make any prohibited contributions to the committees listed on the Business Entity Disclosure Certification in the 12 months prior to the contract (See Local Finance Notice 2006-7 for additional information on this obligation at http://www.nj.gov/dca/divisions/dlgs/resources/lfns_2006.html). A sample Certification form is part of this package and the instruction to complete it is included in the Contractor Instructions. NOTE: This section is not applicable to Boards of Education. 210 Version August 19, 2022 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Contractor Instructions Business entities (contractors) receiving contracts from a public agency that are NOT awarded pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A- 20.26). This law provides that 10 days prior to the award of such a contract, the contractor shall disclose contributions to: •any State, county, or municipal committee of a political party •any legislative leadership committee* •any continuing political committee (a.k.a., political action committee) •any candidate committee of a candidate for, or holder of, an elective office: o of the public entity awarding the contract o of that county in which that public entity is located o of another public entity within that county o or of a legislative district in which that public entity is located or, when the public entity is a county, of any legislative district which includes all or part of the county The disclosure must list reportable contributions to any of the committees that exceed $300 per election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A. 19:44A-8 and 19:44A-16 for more details on reportable contributions. N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a business entity is not a natural person. This includes the following: •individuals with an “interest” ownership or control of more than 10% of the profits or assets of a business entity or 10% of the stock in the case of a business entity that is a corporation for profit •all principals, partners, officers, or directors of the business entity or their spouses •any subsidiaries directly or indirectly controlled by the business entity •IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the business entity and filing as continuing political committees, (PACs). When the business entity is a natural person, “a contribution by that person’s spouse or child, residing therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The contributor must be listed on the disclosure. Any business entity that fails to comply with the disclosure provisions shall be subject to a fine imposed by ELEC in an amount to be determined by the Commission which may be based upon the amount that the business entity failed to report. The enclosed list of agencies is provided to assist the contractor in identifying those public agencies whose elected official and/or candidate campaign committees are affected by the disclosure requirement. It is the contractor’s responsibility to identify the specific committees to which contributions may have been made and need to be disclosed. The disclosed information may exceed the minimum requirement. The enclosed form, a content-consistent facsimile, or an electronic data file containing the required details (along with a signed cover sheet) may be used as the contractor’s submission and is disclosable to the public under the Open Public Records Act. The contractor must also complete the attached Stockholder Disclosure Certification. This will assist the agency in meeting its obligations under the law. NOTE: This section does not apply to Board of Education contracts. *N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.” 211 Version August 19, 2022 DOC #4, continued C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM Required Pursuant to N.J.S.A. 19:44A-20.26 This form or its permitted facsimile must be submitted to the local unit no later than 10 days prior to the award of the contract. Part I – Vendor Information Vendor Name: Address: City: State: Zip: The undersigned being authorized to certify, hereby certifies that the submission provided herein represents compliance with the provisions of N.J.S.A. 19:44A-20.26 and as represented by the Instructions accompanying this form. _______________________ _______________________ ________________________ Signature Printed Name Title Part II – Contribution Disclosure Disclosure requirement: Pursuant to N.J.S.A. 19:44A-20.26 this disclosure must include all reportable political contributions (more than $300 per election cycle) over the 12 months prior to submission to the committees of the government entities listed on the form provided by the local unit. Check here if disclosure is provided in electronic form Contributor Name Recipient Name Date Dollar Amount $ Check here if the information is continued on subsequent page(s) CDW Government LLC 230 N Milwaukee Ave Vernon Hills IL 60061 David Hutchins VP Strategic Programs 212 Version August 19, 2022 DOC #4, continued List of Agencies with Elected Officials Required for Political Contribution Disclosure N.J.S.A. 19:44A-20.26 County Name: State: Governor, and Legislative Leadership Committees Legislative District #s: State Senator and two members of the General Assembly per district. County: Freeholders County Clerk Sheriff {County Executive} Surrogate Municipalities (Mayor and members of governing body, regardless of title): USERS SHOULD CREATE THEIR OWN FORM, OR DOWNLOAD FROM THE PAY TO PLAY SECTION OF THE DLGS WEBSITE A COUNTY-BASED, CUSTOMIZABLE FORM. 213 Version August 19, 2022 DOC #5 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business: I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned. OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned. Check the box that represents the type of business organization: Partnership Corporation Sole Proprietorship Limited Partnership Limited Liability Corporation Limited Liability Partnership Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list below. Stockholders: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Name: Name: Home Address: Home Address: Subscribed and sworn before me this ___ day of ___________, 2__. (Notary Public) My Commission expires: _________________________________ (Affiant) ________________________________ (Print name & title of affiant) (Corporate Seal) X X October 2 May 31, 2026 David Hutchins, VP Strategic Programs 11th 214 Version August 19, 2022 DOC #6 Certification of Non-Involvement in Prohibited Activities in Iran Pursuant to N.J.S.A. 52:32-58, Offerors must certify that neither the Offeror, nor any of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32 – 56(e) (3)), is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32 – 56(f). Offerors wishing to do business in New Jersey through this contract must fill out the Certification of Non-Involvement in Prohibited Activities in Iran here: http://www.state.nj.us/humanservices/dfd/info/standard/fdc/disclosure_investmentact.pdf. Offerors should submit the above form completed with their proposal. This link does not work. CDW•G complies with this request and have included below an image from a recently submitted OMNIA proposal. We will readily fill out the correct form when the link is fixed. 215 Version August 19, 2022 DOC #7 NEW JERSEY BUSINESS REGISTRATION CERTIFICATE (N.J.S.A. 52:32-44) Offerors wishing to do business in New Jersey must submit their State Division of Revenue issued Business Registration Certificate with their proposal here. Failure to do so will disqualify the Offeror from offering products or services in New Jersey through any resulting contract. https://www.njportal.com/DOR/BusinessRegistration/ 216 DOC #8 EEOAA EVIDENCE Equal Employment Opportunity/Affirmative Action Goods, Professional Services & General Service Projects EEO/AA Evidence Vendors are required to submit evidence of compliance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 in order to be considered a responsible vendor. One of the following must be included with submission: •Copy of Letter of Federal Approval •Certificate of Employee Information Report •Fully Executed Form AA302 •Fully Executed EEO-1 Report See the guidelines at: https://www.state.nj.us/treasury/contract_compliance/documents/pdf/guidelines/pa.pdf for further information. I certify that my bid package includes the required evidence per the above list and State website. Name: ______________________________ Title: _____________________David Hutchins VP Strategic Programs 10/11/2022SignatureDate 217 Certification 2 615 8 CERTIFICATE OF EMPLOYEE INFORMATION REPORT RENEWAL This is to certify that the contractor list�l �hJ su bmlddd ,ap �loyee Information Report pursuant to N J.A.C. 17;27-1.1 et. seq. and the �e�reasurer has a�ovef'51d·feport. This approval will remain in effect for the period of ls-ttp�02Q -'"7' to 15-�"12023 � � ·t�i � •" � !J CDW GOVERNMENT. LLC � 'l 1 __,_ • /'/' � /1 200 N. MILWAUKEE AVENUE ,r , 7:ZiiJt l ( � VERNON HILLS IL 6006 i_ ��.., �� ELIZABETH MAHER MUOIO State Treasurer 218 Version August 19, 2022 CERTIFICATION I, the undersigned, certify that I am authorized to execute this certification on behalf of the Vendor/Bidder, that the foregoing information and any attachments hereto, to the best of my knowledge are true and complete. I acknowledge that the State of New Jersey is relying on the information contained herein, and that the Vendor/Bidder is under a continuing obligation from the date of this certification through the completion of any contract(s) with the State to notify the State in writing of any changes to the information contained herein; that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification. If I do so, I will be subject to criminal prosecution under the law, and it will constitute a material breach of my agreement(s) with the State, permitting the State to declare any contract(s) resulting from this certification to be void and unenforceable. DOC #9 MACBRIDE-PRINCIPLES MACBRIDE PRINCIPALS FORM _____________________ VENDOR’S/BIDDER’S REQUIREMENT TO PROVIDE A CERTIFICATION IN COMPLIANCE WITH THE MACBRIDE PRINCIPALS AND NORTHERN IRELAND ACT OF 1989 Pursuant to Public Law 1995, c. 134, a responsible Vendor/Bidder selected, after public bidding, by the Director of the Division of Purchase and Property, pursuant to N.J.S.A. 52:34-12, must complete the certification below by checking one of the two options listed below and signing where indicated. If a Vendor/Bidder that would otherwise be awarded a purchase, contract or agreement does not complete the certification, then the Director may determine, in accordance with applicable law and rules, that it is in the best interest of the State to award the purchase, contract or agreement to another Vendor/Bidder that has completed the certification and has submitted a bid within five (5) percent of the most advantageous bid. If the Director finds contractors to be in violation of the principals that are the subject of this law, he/she shall take such action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party. I, the undersigned, on behalf the Vendor/Bidder, certify pursuant to N.J.S.A. 52:34-12.2 that: CHECK THE APPROPRIATE BOX The Vendor/Bidder has no business operations in Northern Ireland; or OR The Vendor/Bidder will take lawful steps in good faith to conduct any business operations it has in Northern Ireland in accordance with the MacBride principals of nondiscrimination in employment as set forth in section 2 of P.L. 1987, c. 177 (N.J.S.A. 52:18A-89.5) and in conformance with the United Kingdom’s Fair Employment (Northern Ireland) Act of 1989, and permit independent monitoring of its compliance with those principals. Signature Date Print Name and Title STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY DIVISION OF PURCHASE AND PROPERTY 33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230 BID SOLICITATION #: VENDOR/BIDDER: CDW Government LLC23-6692 X David Hutchins, VP Strategic Programs 10/11/2022 219 Cobb County Purchasing, Technology Product Solutions and Related Services 187 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Appendix C: Addendums See following pages for our signed Addendums 220 1 ADDENDUM No. 1 Sealed Bid # 23-6692 Request for Proposals Technology Product Solutions and Related Services Cobb County Purchasing Department Date: September 19, 2022 Page 1 of 8 The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum. This Addendum consists of: •Minutes, Questions and Clarifications from Pre-Proposal Meeting held via Webex on September 14, 2022 •Sign-In Sheet(s) from Pre-Proposal Meeting •Questions Submitted in Writing •Attachment - Financial Ratio Evaluation Excel Spreadsheet Receipt of addendum MUST be acknowledged in the submitted proposal. It is the Proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal. This acknowledgment form must be signed, dated, and included with your submitted proposal ____________________________________ Company Name Date ______ __________________________________ Signature Please Print Name All bids must be received before 12:00 (noon) by the Bid Opening date. Bids shall be delivered to Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, GA 30060. CDW Government LLC _______10/11/2022________________ David Hutchins 221 1 ADDENDUM No. 2 Sealed Bid # 23-6692 Request for Proposals Technology Product Solutions and Related Services Cobb County Purchasing Department Date: September 30, 2022 Page 1 of 5 The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum. This Addendum consists of: •Questions Submitted in Writing Receipt of addendum MUST be acknowledged in the submitted proposal. It is the Proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal. This acknowledgment form must be signed, dated, and included with your submitted proposal ____________________________________ Company Name Date ______ __________________________________ Signature Please Print Name All bids must be received before 12:00 (noon) by the Bid Opening date. Bids shall be delivered to Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, GA 30060. CDW Government LLC David Hutchins _______10/11/2022________________ 222 1 ADDENDUM No. 3 Sealed Bid # 23-6692 Request for Proposals Technology Product Solutions and Related Services Cobb County Purchasing Department Date: October 5, 2022 Page 1 of 5 The following addendum hereby amends and/or modifies the Proposal Documents and specifications as originally issued for this project. All proposers are subject to the provisions of this Addendum. This Addendum consists of: •Questions Submitted in Writing Receipt of addendum MUST be acknowledged in the submitted proposal. It is the Proposer’s ultimate responsibility to ensure that they have all applicable addenda prior to bid submittal. This acknowledgment form must be signed, dated, and included with your submitted proposal ____________________________________ Company Name Date ______ __________________________________ Signature Please Print Name All bids must be received before 12:00 (noon) by the Bid Opening date. Bids shall be delivered to Cobb County Purchasing Department, 122 Waddell Street NE, Marietta, GA 30060. CDW Government LLC David Hutchins _______10/11/2022________________ 223 Cobb County Purchasing Department Sealed Bid # 23-6692 Request for Proposals Technology Product Solutions and Related Services Proposed Language for Negotiation 191 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). Appendix D: Exceptions I. Introductory Comment CDW-G’s proposed edits have been driven by the nuances between manufacturers and non-manufacturer resellers of hardware and service offerings such as CDW-G. The below clauses and associated rationale attempt to convey those challenges and the inherent risks which are potentially subject to price contemplation in resulting offers. Thank you for the opportunity to provide the below feedback and potential future discussion on the below proposals. CDW-G appreciates the partnership with the County and the opportunity to earn additional business. II. OVERVIEW Section – ADDITIONAL AGREEMENTS End User License Agreement(s) or EULA(s) or Term of Service “TOS” are standard contract documents or terms or conditions governing a Participating Agency’s access to, use of, or deployment of certain software, Cloud solutions, or services the awarded vendor supplies hereunder, directly, or indirectly, and that a Participating Agency may be required to execute or agree to in connection with its use of the same. Participating Agencies may negotiate EULAs or TOSs with the applicable awarded vendor, Cloud solutions provider, or OEM software provider/publisher and/or service provider even if this solicitation is awarded to a distributor. III. Cobb County General Instructions for Proposers, Terms and Conditions VII. Patent Indemnity The contractor guarantees to hold the County, its agents, officers or employees harmless from liability of any nature or kind for use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used in the performance of the contract, for which the contractor is not the patentee, assignee or licensee. IX.G.i Notice Requirement Each insurance policy required by this Contract shall be endorsed to state that coverage shall notify Owner in the event it is be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to Owner, in care of the Cobb County [insert department name and address]. Owner reserves the right to accept alternate notice terms and provisions provided they meet the minimum requirements under Georgia law. XIII. Contract – CDW-G notes that the RFP did not contain a Cobb County Sample Contract. Any proposed items for negotiation are therefore reserved for post-award review. 224 Cobb County Purchasing Department Sealed Bid # 23-6692 Request for Proposals Technology Product Solutions and Related Services Proposed Language for Negotiation 192 © CDW Government LLC 2022 | 230 N. Milwaukee Ave. | Vernon Hills, IL 60061 To the extent allowable, all information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Cobb County Purchasing are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). XIV. Delivery Failures Failure of a contractor to deliver within the time specified or within reasonable time as interpreted by the Purchasing Director, or failure to make replacements of rejected articles/services when so requested, immediately or as directed by the Purchasing Director, shall constitute authority for the Purchasing Director to purchase in the open market or rebid for articles/services of comparable grade to replace the articles/services rejected or not delivered. On all such purchases, the contractor shall reimburse the County within a reasonable time specified by the Purchasing Director for any expense incurred in excess of contract prices, or the County shall have the right to deduct such an amount from monies owed the defaulting contractor. Alternatively, the County may penalize the contractor one percent (1%) per day for a period of up to ten (10) days for each day that delivery or replacement is late. Should public necessity demand it, the County reserves the right to use or consume articles/services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Purchasing Director. XVII. Default The contract may be cancelled or annulled by the Purchasing Director in whole or in part by written notice of default to the contractor upon non-performance or violation of any contract term. An award may be made to the next highest rated responsive and responsible proposer, or articles specified may be purchased on the open market similar to those terminated or the County may issue a new Request for Proposal. In any event, the defaulting contractor (or his surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices; provided, however, that the contractor shall continue the performance of this contract to the extent not terminated under the provisions of this clause. Failure of the contractor to deliver materials or services within the time stipulated on its proposal, unless extended in writing by the Purchasing Director, shall constitute contract default. XXVII. Indemnification By submitting a Proposal, the Proposer hereby agrees to indemnify, defend and hold harmless the County, its departments, employees and the Board of Commissioners from and against any and all finally adjudicated claims, demands, liabilities, losses, costs or expenses, including attorneys’ fees, due to liability to a third party or parties, for any loss due to bodily injury (including death), personal injury, and tangible personal property damage, including but not limited to intellectual property claims, arising directly or indirectly from the submission of the Proposal hereunder, but only to the extent such claims are caused by the negligence, recklessness or intentionally wrongful conduct of the Proposer or its agents, employees, associates, subcontractors or others working at the direction of Proposer. This indemnification obligation survives beyond the submission date of the Proposal and the dissolution or, to the extent allowed by law, the bankruptcy of the Proposer. XXVIII. Indemnification/Hold Harmless The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the County and the County's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an “Indemnified Party” and collectively the “Indemnified Parties”) from and against any and all third party claims, suits, actions, judgments, injuries, damages, losses, expenses, and liability of any 225 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.4 DATE:August 15,2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Authorizing Staff to Purchase Computers and Related Equipment from Dell Marketing, L.P., in Excess of $45,000Prepared by: Steve Windsor, CISO EXECUTIVE SUMMARY:The City Council will consider authorizing the purchase of computers and related equipment from Dell Marketing, L.P. in excess of $45,000 through June 30, 2024. STAFF RECOMMENDATION:Adopt the Resolution Authorizing the City Manager to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000 in Fiscal Year 2023-24. FINANCIAL IMPACT:The funding to purchase computers and related supplies is included in both the General Fund Budget and the Internal Services Equipment Replacement Budget approved by the City Council as part of the annual budget process. DESCRIPTION:Over the last several years, the City has engaged Dell Marketing, L.P. for computer-related purchases for daily business operations. The City routinely replaces computers and related equipment when these items reach the end of service life, currently defined as four years or longer for workstation and mobile devices The City has typically utilized Dell computer equipment for its workstation and server operating systems and displays. These products, as well as Dell’s customer service and build quality, have been well received by Staff.In preparation for the next round of equipment updates, Staff is requesting the City Council’s approval to continue to use Dell for software and hardware products in, excess of $45,000.Section 2.36.100.A.9 of the City's Purchasing Policy provides an exemption to a competitive bidding process when another public agency has administered a competitive bidding process and 226 Page 2 of 2 has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment. Dell offers its products to local government agencies based on an agreement with the National Association of State Procurement Officials (NASPO) ValuePoint Cooperative Purchasing Program. The NASPO ValuePoint agreement was competitively bid and is a Master Contract that can be utilized by local government agencies. This procurement tool has been used effectively by the City for several years.The original NASPO agreement and subsequent amendments are included as Attachment 2. While the most recent amendment extends the agreement to October 31, 2023, it is Staff’s experience that Dell renews its NASPO agreement on an ongoing basis. Approval of the Resolution (Attachment 1) will authorize the City Manager or designee to approve purchases from Dell in excess of $45,000 through the expiration of the current NASPO agreement and to extend the agreement for the remainder of the fiscal year, provided Dell maintains its current status with NASPO. STRATEGIC PLAN INITIATIVE:None NOTICING REQUIREMENTS/PUBLIC OUTREACH:City Council Agenda was posted. ATTACHMENTS:1) Resolution Authorizing the City Manager to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,0002) Exhibit A to the Resolution – NASPO ValuePoint Master Agreement and Amendments 1-6 227 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. xx - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO PURCHASE COMPUTERS AND RELATED EQUIPMENT FROM DELL MARKETING, L.P. IN EXCESS OF $45,000 IN FISCAL YEAR 2023-24 WHEREAS, the City requires the use of computers and related equipment for City operations and routinely replaces computers and related equipment that has reached the end of its useful life; and WHEREAS, Staff desires to purchase computers and related equipment from Dell Marketing, L.P.; and WHEREAS,Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency; and WHEREAS, Dell Marketing, L.P. has a valid pricing agreement publicly bid by NASPO ValuePoint, which meets this Municipal Code provision for a publicly bid agreement, contract # MNWNC-108, and contract is valid through October 31 st, 2023; and WHEREAS,Staff anticipates that the total costs of software and products purchased from Dell Marketing, L.P. will exceed $45,000, and Section 2.36.090 of the Dublin Municipal Code requires City Council approval of equipment with a cost greater than or equal to $45,000; and WHEREAS, Staff recommends that the City Council authorize the City Manager to amend and extend any future amendments after the term of current contract, based on Dell Marking, L.P’s, renewal of their NASPO ValuePoint contract, through June 30, 2024. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby: 1. Authorize the City Manager as Purchasing Agent to purchase computer and related equipment annually from Dell Marketing, L.P. with a total cost greater than or equal to $45,000, under a purchasing agreement publicly bid by NASPO ValuePoint through the term of the contract; 2. Authorize and delegates to the City Manager authority to amend and extend the agreement to coincide with Dell Marketing, L.P.’s renewal of the NASPO ValuePoint contract. {Signatures on the following page} 228 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 229 Attachment 2 Exhibit A to the Resolution 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 7, 2021 Alyssa Sayles Dell Marketing L.P. One Dell Way Mailstop RR1-33 Legal Round Rock, TX 78682 Dear Ms. Sayles: Please find enclosed Amendment 3 to NASPO Master Agreement No. MNWNC-108 for you to complete and return. Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 14, 2021. A current certificate of insurance from your insurer, in the amounts called for in the contract, is required now to complete the contract document. The insurance requirements are attached for your convenience. Please have your insurance provider send a copy of the COI electronically to Elizabeth Randa at Elizabeth.Randa@state.mn.us. No contract document will be executed with your company until the COI has been received and approved. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) cc: Pamela Kunhart DocuSign Envelope ID: EAC889CC-0F07-480E-AB62-8DFA4A153228 268 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-108 AMENDMENT NO. 3 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2021 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3. Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: EAC889CC-0F07-480E-AB62-8DFA4A153228 Contract Administrator 5/10/2021 Alyssa Sayles 5/14/2021 5/14/2021 269 STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 12, 2022 Renee Brand Dell Marketing L.P. One Dell Way Mailstop RR1-33 Legal Round Rock, TX 78682 Dear Ms. Brand: Amendment No. 4 to NASPO Master Agreement No. MNWNC-108 is enclosed for you to complete and return. Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 20, 2022. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) cc: Cyndi Radel Greg Garritty Mike Hendrix DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 270 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNWNC-108 AMENDMENT NO. 4 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2022 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNWNC-108 is extended through February 28, 2023, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2022, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3. Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 5/26/2022 Contract Administrator Alyssa Sayles 5/26/2022 5/26/2022 271 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 5 to NASPO Master Agreement MNWNC-108 AMENDMENT NO. 5 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 1, 2015, through February 28, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1.That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2023, at the same prices, terms, and conditions. This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1.Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2.Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3.Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: A1131CC0-2CC4-4271-AFF0-B574CFFD18AE 1/10/2023 ParaLegal Advisor Katherine Castillo 2/1/2023 2/1/2023 272 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 5 to NASPO Master Agreement MNWNC-109 AMENDMENT NO. 5 TO NASPO MASTER AGREEMENT NO. MNWNC-109 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-109, April 1, 2015, through February 28, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1.That NASPO Master Agreement No. MNWNC-109 is extended through July 31, 2023, at the same prices, terms, and conditions. This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1.EMC Corporation The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2.Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3.Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: A1131CC0-2CC4-4271-AFF0-B574CFFD18AE 1/10/2023 ParaLegal Advisor Katherine Castillo 2/1/2023 2/1/2023 273 STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 June 13, 2023 Ashley Salinas Dell Marketing L.P. One Dell Way Mailstop RR1-33 Legal Round Rock, TX 78682 Dear Ms. Salinas: Enclosed for you to complete and return is Amendment No. 6 to NASPO Master Agreement No. MNWNC-108. Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by June 15, 2023. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) DocuSign Envelope ID: DCBDB787-8097-4E3E-8079-7AA549093A71 274 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 6 to NASPO Master Agreement MNWNC-108 AMENDMENT NO. 6 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 1, 2015, through July 31, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNWNC-108 is extended through October 31, 2023, at the same prices, terms, and conditions. This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3. Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: DCBDB787-8097-4E3E-8079-7AA549093A71 ParaLegal Advisor 6/13/2023 Katherine Castillo 6/13/2023 6/13/2023 275 STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 June 13, 2023 Jennifer Sherman EMC Corporation 176 South Street Hopkinton, MA 01748 Dear Ms. Sherman: Enclosed for you to complete and return is Amendment No. 6 to NASPO Master Agreement No. MNWNC-109. Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by June 15, 2023. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) DocuSign Envelope ID: A27DB0F4-2F81-49A8-B4C4-D88CFF835C12 276 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 65 to NASPO Master Agreement MNWNC-109 AMENDMENT NO. 6 TO NASPO MASTER AGREEMENT NO. MNWNC-109 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and EMC Corporation, 176 South Street, Hopkinton, MA 01748 (“Contractor” or “Contract Vendor”). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-109, April 1, 2015, through July 31, 2023 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That NASPO Master Agreement No. MNWNC-109 is extended through October 31, 2023, at the same prices, terms, and conditions. This Amendment is effective upon the date that the final required signatures are obtained, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. EMC Corporation The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. By: Signature Printed Name Title: Date: By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. By: Title: Acquisition Management Specialist Date: 3. Commissioner of Administration Or delegated representative. By: Date: DocuSign Envelope ID: A27DB0F4-2F81-49A8-B4C4-D88CFF835C12 ParaLegal Advisor Katherine Castillo 6/13/2023 6/13/2023 6/13/2023 277 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.5 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8563, 8645, 8646, 8648,and 8671Prepared by:Kan Xu,Senior Civil Engineer EXECUTIVE SUMMARY:The City Council will receive a notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8563, 8645, 8646, 8648, and 8671, Francis Ranch Large Lot Map and Neighborhoods 1, 2, and 4. STAFF RECOMMENDATION:Receive the notification. FINANCIAL IMPACT:There is no impact to the General Fund. DESCRIPTION:In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the City Engineer’s receipt of the following Final Maps for review: 278 Page 2 of 2 Tract Location Developer Number of Units/Lots Type8563Francis Ranch, Large Lot Map TH East Ranch Dublin,LLC 16 Lots Large Lots8645Francis Ranch, Neighborhood 1 TH East Ranch Dublin, LLC 101 Lots Single Family8646Francis Ranch, Neighborhood 2 TH East Ranch Dublin, LLC 45 Lots Single Family8648Francis Ranch, Neighborhood 4 TH East Ranch Dublin, LLC 85 Lots Single Family8671Francis Ranch, Neighborhood 2 TH East Ranch Dublin, LLC 53 Lots Single Family The Francis Ranch development (formerly East Ranch) is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern city boundary. The development is being subdivided into six neighborhoods. The developer has prepared a Large Lot Final Map Tract 8563 for the entire development area. The developer has also prepared final maps for neighborhoods 1, 2, and 4 (Tracts 8645, 8646, 8648, and 8671) which subdivide four large lot parcels into single family lots. The final maps were submitted for review by Staff. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:None. 279 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.6 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Intent to Vacate Right-of-Way on Croak Road and Setting a Public Hearing Prepared by: Kan Xu, Senior Civil Engineer EXECUTIVE SUMMARY: The City Council will consider adopting a resolution of intent to vacate public street right-of-way on Croak Road between South Terracina Drive and Central Parkway for the Francis Ranch development (formerly East Ranch) and setting a public hearing. STAFF RECOMMENDATION: Adopt the Resolution of Intent to Vacate Right-of-Way on Croak Road and Setting a Public Hearing. FINANCIAL IMPACT: There is no impact to the General Fund. All costs associated with preparation of this report and processing of the vacation are borne by the developer. DESCRIPTION: The 165.5-acre Francis Ranch development (Project), formerly East Ranch, project site is located on undeveloped parcels within the Fallon Village area of the Eastern Dublin Specific Plan. The site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern boundary. TH East Ranch Dublin, LLC (Applicant) received various planning approvals to develop the Project into six neighborhoods that include the construction of 459 conventional single-family homes, 14 zero lot line single- family homes, and 100 townhomes. As a part of the Project, the Applicant will realign, widen, and improve Croak Road to its ultimate right-of-way width as required by the Project conditions of approval on the vesting tentative map and in compliance with the Eastern Dublin Specific Plan. The City acquired fee title to Croak Road from the County of Alameda with the incorporation of the City in 1982. Croak Road is currently a low-volume, two-lane rural road between the two parcels 280 Page 2 of 2 that make up the Project and is used as ingress and egress by adjacent property owners and as an emergency vehicle access for both the Positano and Jordan Ranch developments. The Applicant is requesting to vacate the existing Croak Road right-of-way within the Project boundary between South Terracina Drive and Central Parkway to facilitate development of the site (Attachment 2). Upon completion of the vacation, the Applicant will merge the vacated right-of-way with the existing Project parcels and dedicate a new Croak Road right-of-way to the City. The merger of parcels and the dedication of the new right-of-way will occur with approval and recordation of final map for the Francis Ranch subdivision, Tract 8563. The new Croak Road will maintain a similar street alignment, provide one vehicle lane and one bike lane in each direction, and will include a Class I trail. The new road will be a residential collector street providing access to all neighborhoods within the Project and connecting to Central Parkway, Fallon Road, and eventually the future Dublin Blvd extension. The process for vacating public right-of-way is set forth in the Streets and Highways Code Section 8310 et. seq. These statutes provide that the City Council must initiate vacation proceedings, a notice of a public hearing on the matter must then be posted along the portion of the street to be vacated and published for two weeks in a newspaper of general circulation (Streets and Highways Code Sections 8322 and 8323). Before the public hearing, the Planning Commission must approve a report to the City Council indicating whether it believes that the vacation is consistent with the City of Dublin General Plan unless exempt by Government Code Section 65402. In this case, the exemption applies. Finally, the City Council must conduct a public hearing, hear evidence regarding the proposal, and then adopt a Resolution of Vacation. If the resolution of intent to vacate public right-of-way is approved, the City Council will hold a public hearing on the proposed vacation on September 5, 2023. ENVIRONMENTAL REVIEW: This vacation is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301, Existing Facilities. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution of Intent to Vacate Right-of-Way on Croak Road and Setting a Public Hearing 2) Exhibit Showing Portion of Croak Road to be Vacated 281 Attachment I Reso. No. XX-23, Item X.X, Adopted 08/15/2023 Page 1 of 2 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN OF INTENT TO VACATE RIGHT-OF-WAY ON CROAK ROAD AND SETTING A PUBLIC HEARING WHEREAS,TH East Ranch Dublin, LLC received various planning approvals to develop the Francis Ranch (formerly East Ranch) project site and the project tentative map and conditions of approval require Croak Road to be realigned, widened, and improved to its ultimate right-of- way width; and WHEREAS,City of Dublin acquired fee title to Croak Road from the County of Alameda as a result of the incorporation of the City in 1982; and WHEREAS,Croak Road bisects the Francis Ranch development and is used as ingress and egress by adjacent property owners and as emergency vehicle access for the Positano and Jordan Ranch developments; and WHEREAS,TH East Ranch Dublin, LLC requests the City of Dublin to vacate existing Croak Road right-of-way between South Terracina Drive and Central Parkway to facilitate development of the site; and WHEREAS,TH East Ranch Dublin, LLC will dedicate new Croak Road right-of-way as a part of the Francis Ranch development; and WHEREAS,the new Croak Road will maintain a similar street alignment, provide access to all neighborhoods within the Francis Ranch development, and connect to Central Parkway, Fallon Road, and eventually to the future Dublin Boulevard extension. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin adopts this Resolution under the provisions of the Streets and Highways Code Section 8310 et. seq. and Section 8320 in particular, and that it is the intention of the City Council to vacate the portion of Croak Road right-of-way between South Terracina Drive and Central Parkway. BE IT FURTHER RESOLVED that the City Council of the City of Dublin will conduct a public hearing on the proposed vacation of Croak Road right-of-way on September 5, 2023, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the City Council Chambers, 100 Civic Plaza, California 94568. At the public hearing, any objections to the proposed vacation of Croak Road right-of-way shall be presented. BE IT FURTHER RESOLVED that notice, in accordance with Streets and Highways Code Sections 8322 and 8323, shall be posted along the portion of the street to be vacated and published for at least two successive weeks in a newspaper published in Alameda County preceding the date of the public hearing. 282 Reso. No. XX-23, Item X.X, Adopted 08/15/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 283 Attachment 2 Portion of Croak Road to be Vacated 284 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.7 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Acceptance of Work –Project No. ST0713, Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard ProjectPrepared by:Sai Midididdi,Associate Civil (Traffic) Engineer EXECUTIVE SUMMARY:The City Council will consider the acceptance of the Citywide Signal Communications Upgrade -Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713. The project installed a three-inch conduit on Dublin Boulevard between the Civic Center and San Ramon Road. STAFF RECOMMENDATION:Adopt the Resolution Accepting the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713. FINANCIAL IMPACT:The Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713, is complete and the project funding and costs wereas follows:Project Funding Source (2021-2022)General Fund $1,500,000.00State Gas Tax Fund $104,000.00Measure B Sales Tax Local Streets Fund $248,640.00TFCA/Transportation for Clean AirVehicle Registration FeeMeasure BB Sales Tax Local Streets Fund $146,000.00 $792,826.00$400,000.00Road Maintenance & Rehab Account (RMRA)$654,320.00Eastern Dublin Transportation Impact Fee $200,000.00Western Dublin Transportation Impact Fee $199,000.00 285 Page 2 of 3 Internal Service Fund -Equipment $174,990.00 Total Funding $4,419,776.00Estimated ExpendituresConstruction Contract with Change Orders $945,612.32Contract Services, Design, Salary, and Testing $190,782.77Total Expenditures $1,136,395.09Estimated Project Balance $3,283,380.91Upon the City Council’s acceptance of the project, the remaining budget will be retained within the Citywide Signal Communications Upgrade Project for use on the phase two portion of the Projectthat involves installing fiber in the new conduit. DESCRIPTION:On January 10, 2023, the City Council awarded a contract for the Citywide Signal CommunicationsUpgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project to St. Francis Electric for $866,000, which is just one phase of the larger Citywide Signal Communications Upgrade Project (CIP No. ST0713, Attachment 2), which provides for a variety of upgrades to the City’s signal communications infrastructure. The scope of work of this phaseincludes installing a three-inch conduit on Dublin Boulevard between the Civic Center and San Ramon Road. In a future phase, a fiber optic interconnect will be installed in the conduit, and all the intersections along Dublin Boulevard between the Civic Center and San Ramon Road will be upgraded to a faster, more reliable, and higher bandwidth network connection.Staff has determined that the project is complete and recommends that the City Council accept the project and begin the warranty period. The estimated remaining budget of $3,283,380.91 will be retained within the Citywide Signal Communications Upgrade Project budget for use in the future phase, which will install a fiber optic interconnect in the conduit and other communication upgrades. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. A courtesy copy of this report was sent to St. Francis Electric. 286 Page 3 of 3 ATTACHMENTS:1) Resolution Accepting the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST07132) CIP No. ST0713 287 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING THE CITYWIDE SIGNAL COMMUNICATIONS UPGRADE – CONDUIT INSTALLATION FOR FUTURE FIBER INTERCONNECT ON DUBLIN BOULEVARD PROJECT, CIP NO. ST0713 WHEREAS,on January 10, 2023, the City entered into a contract with St. Francis Electric to perform Project No. ST0713, the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project; and WHEREAS,said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and WHEREAS, as a condition of the contract, St. Francis Electric is required to warranty the improvements for a period of one year following acceptance of the work by the City of Dublin and maintain a maintenance bond in the amount of 10% of the final contract value. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project improvements, Project No. ST0713 and authorize Staff to file a Notice of Completion with Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the maintenance bond at the end of the one- year warranty period. PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: {Signatures on the following page} 288 Reso. No. XX-23, Item X.X, Adopted 08/15/2023 Page 2 of 2 AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 289 Streets City of Dublin Capital Improvement Program 2022-2027 Update Page 56 Number – ST0713 CITYWIDE SIGNAL COMMUNICATIONS UPGRADE Program – STREETS PROJECT DESCRIPTION This project provides for the continued upgrades of the traffic signal communications system and includes the replacement of signal controllers, conflict monitors, and battery backup units, as well as managing ongoing signal operations of coordinated corridors. In Fiscal Years 2019-20 and 2020-21, the project further expanded the traffic communication network, connecting traffic signals on Dublin Boulevard, San Ramon Road, Fallon Road and Tassajara Road. The project will provide for the installation of new conduits, removing the existing copper communication cables and installing new fiber optic cables on Dublin Boulevard. The project will also expand the adaptive traffic signal system along key corridors and will connect existing and new public safety infrastructure, such as situational awareness cameras and automated license plate recognition cameras, to the high-speed fiber optic communications system. A project is currently in construction to install a conduit pathway between Civic Center and San Ramon Road to accommodate the future fiber optic upgrade to city infrastructure. The project updated the City of Dublin Travel Demand Forecasting Model to provide traffic flow projections on the arterial and collector roadways as well as analyzed future land use development proposals and transportation network changes in the City. In April 2021, the project resulted in City Council adopting a resolution establishing the California Environmental Quality Act (CEQA) transportation thresholds of significance for Vehicle Miles Traveled (VMT). This project is partially funded with General Fund reserve designation for One Time Initiative - Capital. Potential other funding for this project may include Federal and State grants. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 2022-2027 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 9100 – Salaries & Benefits $38,637 $92,990 $8,320 $8,320 $148,267 9200 – Contract Services $612,021 $466,060 $135,000 $135,000 $1,348,081 9400 – Improvements $729,509 $2,235,409 $91,720 $131,720 $3,188,358 9500 – Miscellaneous $4,900 $4,900 9600 – Equipment $5,120 $5,120 TOTAL $1,385,067 $2,799,579 $235,040 $275,040 $4,694,726 Attachment 2 290 Streets City of Dublin Capital Improvement Program 2022-2027 Update Page 57 FUNDING SOURCE PRIOR YEARS 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 1101 – General Fund Designation $79,853 $1,420,147 $1,500,000 2201 – State Gas Tax $104,000 $104,000 2204 – Measure B Sales Tax - Local Streets Fund (ACTC) $194,493 $54,147 $248,640 2207 – TFCA/Transportation for Clean Air $54,426 $91,574 $146,000 2212 – Vehicle Registration Fee (ACTC) $704,451 $53,335 $35,040 $35,040 $827,866 2214 – Measure BB Sales Tax – Local Streets Fund (ACTC) $200,000 $200,000 $200,000 $600,000 2220 – Road Maint. & Rehab. Account (RMRA) $36,844 $617,476 $40,000 $694,320 4301 – Eastern Dublin Transportation Impact Fee $198,248 $1,752 $200,000 4304 – Western Dublin Transportation Impact Fee $27,278 $171,722 $199,000 6305 – Internal Service Fund - Equipment $89,474 $85,426 $174,900 TOTAL $1,385,067 $2,799,579 $235,040 $275,040 $4,694,726 ANNUAL OPERATING IMPACT 291 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.8 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to Resolution 133-22 Approving the 2023 –2031 Housing ElementPrepared by:Anne Hersch, Assistant Community Development Director EXECUTIVE SUMMARY:The City Council will consider an amendment to Resolution 133-22 approving the 2023 – 2031 Housing Element effective as of November 15, 2022. STAFF RECOMMENDATION:Adopt the Resolution Amending City Council Resolution 133-22 Approving the 2023 – 2031 Housing Element. FINANCIAL IMPACT:None. DESCRIPTION:BackgroundEach local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of the community.On November 15, 2022, the City Council adopted Resolution 133-22, which approved the draft Housing Element and associated General Plan and Specific Plan amendments and rezonings. The Resolution also directed Staff to submit the draft Housing Element to the State Department of Housing and Community Development (HCD) for review and certification, and authorized Staff to make non-substantive changes in response to HCD comments to achieve certification. On 292 Page 2 of 2 November 18, 2022, Staff submitted the draft 2023-2031 Housing Element for review and certification. Staff and the consultant are continuing to work with HCD staff to achieve certification of the Housing Element. AnalysisAlthough it was the City’s intent to adopt the Housing Element in November, consistent with state law (Government Code section 65585(f)), City Council Resolution 133-22 states that theresolutiondoes not become effective until certification of the 2023-2031 Housing Element by HCD. The City’s intent was to defer the adoption of the related General Plan and Specific Plan Amendments and rezonings until HCD certified the Housing Element. Therefore, Staff recommends amending Resolution 133-22 to make adoption of the 2023-2031 Housing Element and related Initial Study/Negative Declaration effective as of November 15, 2022. Please refer to Attachment 1 for the Resolution incorporating these amendments. ENVIRONMENTAL DETERMINATION:Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Initial Study/Negative Declaration (IS/ND) for the project. STRATEGIC PLAN INITIATIVE:Strategy 2: Housing Affordability Objective A: Develop a Certified Housing Element that balances the location of housing options for all income types. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda and the Staff Report were made available on the City’s website. ATTACHMENTS:1) Resolution Amending City Council Resolution 133-22 Approving the 2023 – 2031 Housing Element 293 Attachment 1 Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CITY COUNCIL RESOLUTION 133-22 APPROVING THE 2023 – 2031 HOUSING ELEMENT (PLPA-2022-00036) WHEREAS,the State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City; and WHEREAS,the Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community; and WHEREAS,State law requires Housing Elements to be updated every eight years; and WHEREAS,the City of Dublin prepared the 2023 – 2031 Housing Element in accordance with State law, and associated amendments to the General Plan, including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element, and associated amendments to the Eastern Dublin Specific Plan which are collectively referred to as the “Project”; and WHEREAS,the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS,the City prepared an Initial Study for the Project to determine if it may have a significant effect on the environment; and WHEREAS,the Initial Study determined that the Project would not have any significant environmental effects and the preparation of a Negative Declaration was the appropriate CEQA document; and WHEREAS,the Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022; and WHEREAS,on November 15, 2022, the City Council held a properly noticed public hearing on the Project, including the Initial Study/Negative Declaration, at which time all interested parties had the opportunity to be heard; and WHEREAS,on November 15, 2022, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony and adopted Resolution 133-22 which adopted the Project and the related Initial Study/Negative Declaration and the 2023 – 2031 Housing Element effective upon certification of the 2023 – 2031 Housing Element by the California Department of Housing and Community Development (HCD); and WHEREAS, the City Council’s intent was to adopt the Housing Element on November 15, 2022 and defer the adoption of the related General Plan and Specific Plan amendments until HCD certified the Housing Element, but the Resolution provided that it would not become effective until HCD certified the Housing Element. 294 Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the City Council affirms the findings and recitals contained in Resolution 133-22; and BE IT FURTHER RESOLVED that the Dublin City Council hereby amends Resolution 133- 22 to make adoption of the Initial Study/Negative Declaration and approval of the 2023 – 2031 Housing Element effective on November 15, 2022. PASSED, APPROVED, AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 295 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.9 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Actions Taken During City Council RecessPrepared by:Laurie Sucgang, City Engineer, and Raelyn Miranda,Administrative Aide EXECUTIVE SUMMARY:The City Council will receive a report on the administrative actions taken during the City Council recess between June 21 and August 14, 2023, which were related to the Annual Street Resurfacing and Overlay projects, the Alamo Creek Fence Replacement Project, and an agreement with All City Management Services, Inc. for the provision of crossing guards. STAFF RECOMMENDATION:Receive the report. FINANCIAL IMPACT:While administrative actions were taken to move certain projects forward during the City Council recess, the only contract awarded through the recess was to All City Management Services, Inc. for crossing guard services. There are sufficient funds in the adopted Fiscal Year 2023-24 budget for the All City Management Services, Inc. agreement. Dublin Unified School District will reimburse the City for the cost of crossing guards at six sites and the City will be responsible for the remaining 11 sites. DESCRIPTION:Annual Street Resurfacing and Overlay ProjectsOn June 20, 2023, the City Council adopted Resolution No. 69-23 delegating authority to the City Manager to approve the plans and specifications and to award construction contracts for the Annual Street Resurfacing Project, CIP No. ST0117. The Five-Year Capital Improvement Program (CIP) includes the Annual Street Resurfacing project, CIP No. ST0117 (Attachment 1).On June 15, 2023, Staff received four bids for the 2023 Slurry Seal Project. All bids were over the engineer’s estimate, ranging from $1,053,656.70 to $1,292,000, which exceeded the budget. All 296 Page 2 of 3 bids were therefore rejected by the City Manager, and a separate project with a revised scope of work was advertised. On July 24, 2023, Staff received four bids for the revised July 2023 Slurry Seal Project ranging from $706,586.60 to $921,129.00. The lowest responsive bid of $706,586.60was submitted by American Asphalt Repair & Resurfacing Co., Inc., which is within existing budgetary appropriations. Staff reviewed the bid results, checked references and necessary licenses, and in a separate item on the August 15, 2023 City Council meeting agenda, Staff recommends the City Council award the Annual Street Resurfacing Project (July 2023Slurry Seal), CIP No. ST0117, to American Asphalt Repair & Resurfacing Co., Inc. as the lowest, responsive, responsible bidder.The Revised 2023 Slurry Seal Project includes localized repair of failed asphalt concrete pavement, slurry seal, and pavement delineation on the following street segments: Alegre Drive, Amarillo Court, Barn Hollow Court, Bay Laurel Court, Bay Laurel Street, Betlen Drive, Buckeye Court, Calle Verde Road, Casa Linda Court, Castle Court, Castle Drive, Circle Way, Corto Court, Cresta Lane, Dillon Way, Estrella Court, Hansen Drive, Kingston Place, Kolb Place, Ladera Court, Ladera Drive, Las Palmas Court, Las Palmas Way, Luna Court, Mancini Court, Manzanita Lane, Mape Way, Meadow Court, Peppertree Road, Prow Way, Rampart Drive, Reilly Court, San Sabana Court, San Sabana Road, Shadow Drive, Shadow Place, and Tina Place. Construction is anticipated to begin at the end of August/early September 2023 and be completed at the end of November/early December 2023, weather dependent.Resolution No. 69-23 also delegated authority to the City Manager to approve the plans and specifications and to award a construction contract for the 2023 Overlay Project, CIP No. ST0117. This project has been postponed for bidding and construction until 2024 due to the scope of work and engineer’s estimates exceeding initial estimates. Since paving is dependent on weather and favorable temperatures, Staff does not recommend advertising an overlay project that cannot be completed before the rainy season. The 2024 Overlay Project is anticipated to include pavement overlay of John Monego Court, Dublin Boulevard, between Hacienda Drive and to approximately John Monego Court, the Alamo Creek Trail pathway along Persimmon Drive, between Central Parkway and Gleason Drive, as well as localized pavement repairs in various City park parking lots.Alamo Creek Fence Replacement ProjectOn June 20, 2023, the City Council adopted Resolution No. 70-23 delegating authority to the City Manager to approve the plans and specifications and to award a construction contract for the Alamo Creek Park and Assessment District Fence Replacement Project, CIP No. PK0122, whichincludes the removal and disposal of existing ornamental metal fencing that has reached the end of its service life at Alamo Creek Park and along Fall Creek Road, Dougherty Road, and Wildwood Road, and replacement with new six-foot-high, vinyl-coated, chain-link fencing. The project also includes patching, painting, and replacement of the decorative metal fencing on the concrete masonry monument sign and culvert walls with new decorative metal fencing in Alamo Creek Park. The project is currently being advertised with bids due after this August 15, 2023 City Council meeting. It is anticipated that Staff will receive bids, review the bid results, check references and necessary licenses, and return to the City Council at a future meeting with a recommendation for award of a construction contract. 297 Page 3 of 3 All City Management Services, IncOn June 20, 2023, the City Council adopted Resolution No. 71-23 delegating authority to the City Manager to approve an agreement with All City Management Services, Inc. to provide crossing guards in designated school zones at 17 location sites. The City Manager approved the agreement on July 18, 2023 for a not-to-exceed amount of $800,000. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:None. ATTACHMENTS:1) Resolution No. 69-23 - Approving the Plans and Specifications and Delegating Authority to the City Manager to Award Construction Contracts for Annual Street Resurfacing Project, CIP No. ST01172) Resolution No. 70-23 - Approving the Plans and Specifications and Delegating Authority to the City Manager to Award a Construction Contract for Alamo Creek Park and Assessment District Fence Replacement Project, CIP No. PK01223) Resolution No. 71-23 - Delegating Authority to the City Manager to Approve an Agreement with All City Management Services, Inc. 298 Reso. No. 69-23, Item 4.8, Adopted 06/20/2023 Page 1 of 2 RESOLUTION NO. 69 - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE THE PLANS AND SPECIFICATIONS AND TO AWARD CONSTRUCTION CONTRACTS FOR THE ANNUAL STREET RESURFACING PROJECTS (2023 SLURRY SEAL AND 2023 OVERLAY), CIP NO. ST0117 WHEREAS, the design team prepared the plans and specifications for the Annual Street Resurfacing Projects (2023 Slurry Seal and 2023 Overlay), CIP No. ST0117, (“Projects”) which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS, the City Council will be in recess from June 21, 2023 through August 14, 2023; and WHEREAS, Staff is aware of specific actions that will be needed for the Projects during the City Council recess; and WHEREAS, the City Council will be exercising authority pursuant to Section 2.04.190 of the Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin Municipal Code to the City Manager, provided the bids come in within the budget pre-approved by the City Council and that all other competitive bidding procedures are satisfied. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the plans and specifications for the Projects. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to consider, approve, award, and execute the contracts and other associated administrative matters needed for the Projects within existing budgetary appropriations during the City Council’s scheduled recess. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Projects’ Contract Change Orders based on the appropriated funds designated for the Projects up to the contingency amounts of $100,000 for the 2023 Slurry Seal Project and $150,000 for the 2023 Overlay Project. BE IT FURTHER RESOLVED that the City Manager shall report to the City Council regarding the actions taken under this resolution at the August 15, 2023 City Council meeting. {Signatures on the following page} Attachment 1 299 Reso. No. 69-23, Item 4.8, Adopted 06/20/202 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 300 Attachment 2 301 302 Reso. No. 71-23, Item 4.8, Adopted 06/20/2023 Page 1 of 1 RESOLUTION NO. 71 – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES, INC. WHEREAS, the City of Dublin desires to enter into an agreement with All City Management Services, Inc. to provide crossing guards in designated school zones; and WHEREAS, Dublin Unified School District requested 17 location sites; and WHEREAS, the City Council will be exercising authority pursuant to Section 2.04.190 of the Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin Municipal Code to the City Manager, provided the compensation amount is within the budget pre- approved by the City Council. NOW, THEREFORE, BE IT RESOLVED City Council of the City of Dublin does hereby authorize the City Manager or designee to approve and execute an agreement with All City Management Services, Inc. for a period of two years and for a compensation amount not to exceed $800,000, inclusive of contingency. BE IT FURTHER RESOLVED that the City Manager shall report to the City Council regarding the actions taken under this resolution at the August 15, 2023 City Council meeting. PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688 Attachment 3 303 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 4.10 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of Plans and Specifications, Award of Contract to Suarez & Munoz Construction, Inc., and Approval of a Budget Change for the Wallis Ranch Community Park Project, CIP No. PK0421 Prepared by:Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY:The City Council will consider approving the plans and specifications and awarding a construction contract to Suarez & Munoz Construction, Inc. for the Wallis Ranch Community Park Project. The project will construct the 8.75-acre Wallis Ranch Community Park located on three separate parcels between Tassajara Road and the Wallis Ranch residential development. The City Council will also consider approving a budget change to increase the project funding. STAFF RECOMMENDATION:Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Suarez & Munoz Construction, Inc. for the Wallis Ranch Community Park Project, CIP No. PK0421, and approve the budget change. FINANCIAL IMPACT:As approved in the 2022-2027 Capital Improvement Program Update (CIP), the total budget for the project is $9,178,084. The base bid submitted by Suarez & Munoz Construction, Inc. is $8,100,000, with two add-alternate items totaling $250,000. Staff recommends the inclusion of both add-alternate items and a 10% construction contingency in the amount of $835,000 to facilitate change orders for unforeseen construction issues, bringing the total potential construction contract amount to $9,185,000.In addition to the construction contract, the project budget includes expenditures for utilityconnection fees, and soft costs, which include Staff time, consultant costs, permit fees, and other miscellaneous costs. With all the costs, Staff estimates a total project cost of $11,760,000, which will require a budget increase of $2,581,916. To address the shortfall Staff is recommending shifting $975,000 in remaining, available balance in the nearly complete Fallon Sports Park – 304 Page 2 of 5 Phase 3 Project to the Wallis Ranch Community Park Project. In addition, Staff recommendsmoving $410,500 from the Fallon Sports Park III Contingency Reserve and $1,196,416 from the General Fund Unassigned (Cash Flow) Reserve to the Advance to the Public Facility Fee Reserve. If approved, the adjustments to these reserves will be reflected in the Fiscal Year 2022-23 financials when the books are closed in December 2023. The proposed funding and costs are as follows:Funding SourceWallis Ranch Community Park (PK0421)$9,178,084Total Project Funding $9,178,084Project CostsBase Bid $8,100,000Add Alternates No. 1 & 2 $250,000Construction Contingency $835,000Utility Connection Fees (DSRSD & PG&E)$875,000Soft Costs 1,700,000Total Estimated Expenditures $11,760,000Funding Shortfall $2,581,916Additional Potential Funding SourceFallonSports Park –Phase 3 Project Savings $975,000Fallon Sports Park III Contingency Reserve $410,500Unassigned (Cash Flow) Reserve $1,196,416 DESCRIPTION:The 2022-2027 Capital Improvement Program Update (CIP) includes the Wallis Ranch Community Park Project, CIP No. PK0421, (Attachment 2), which will construct the 8.75-acre Wallis Ranch Community Park between Tassajara Road and the Wallis Ranch residential development, on three separate parcels known as Parcels 16, 21, and 22. On September 21, 2021, the City Council approved the schematic design for the project, which includes the following park amenities broken down by parcel.Parcel 16 - Playgrounds• Playgrounds for ages two to five years (4,900 square feet) and five to 12 years with (5,700 square feet) with wood fiber surfacing • Picnic area (3,100 square feet) with decomposed granite surface, four picnic tables, four BBQ grills, and shade trees• Grass area for free play (1.75 acres)• Lighted interior pathways for circulation, security, and exercise• Restroom building with two single-occupant restrooms 305 Page 3 of 5 • Drinking fountain with bottle-fill station at restroom building• Slope planting with drought-resistant, low-maintenance shrubs• Play area fencing between tot play area and youth play area• Four park benches• Three bicycle racksParcel 21 - Sports Courts• Three lighted tennis courts individually fenced with wind screens• One lighted tennis court with four-court pickleball overlay• Four lighted pickleball courts• Two basketball courts (lighting Add Alternative 1)• Picnic area (2,600 square feet) with decomposed granite surface, five picnic tables, andshade trees• Fitness circuit with six fitness stations (Add Alternative 2)• Lighted interior pathways for circulation, security, and exercise• Restroom building with three single-occupant restrooms• Drinking fountains with bottle fill stations• 24-space lighted parking lot • Eight benches (2 park benches, 6 benches at sports courts)• Three bicycle racksParcel 22 - Dog Park• Big dog area (0.50 acres, decomposed granite) with 4-foot-tall, galvanized, chain-link fence• Small dog area (0.22 acres, decomposed granite) with 4-foot-tall, galvanized, chain-linkfence• Entry plaza (1,600 square feet) with shade trees• Seven park benches• Drinking fountain with bottle fill station and integrated dog bowl• Trees and planting at entry • Trees within dog park• Lighting at entry (not designed for nighttime use)• Galvanized chain-link maintenance accessBid Process and ResultsThe City of Dublin issued the bid package for the Wallis Ranch Community Park Project on June 1, 2023. The bid package was made up of one base bid item and two add-alternate items. Five sealed bids were received on July 25, 2023 with the base bids ranging from $7,968,600 to $8,537,879. A summary of the bids is provided as Attachment 3. The low bid submitted by S&H Construction, Inc.was deemed non-responsive as they were unable to satisfy the experience requirement of completing two parks or sports facilities projects for a city, county, or the State of California within the last seven years. Additionally, in accordance with the Instructions to Bidders, one of the second lowest bidders, Suarez & Munoz Construction, Inc., submitted a bid protest to the City, dated July 28, 2023. The protest claims that the lowest bidder, S&H Construction, Inc., is non-responsive for failure to meet the specific experience requirements. 306 Page 4 of 5 The second low bid amount of $8,100,000 was submitted by two bidders, Robert A. Bothman Construction and Suarez & Munoz Construction, Inc. Section 20166 of the Public Contract Code general provisions allow, if two or more bids are the same and the lowest, the legislative body toaccept the one it chooses. With the recommendation to include the two add-alternative items with the award of the base bid, the best value is to select the low bid submitted by Suarez & Munoz Construction, Inc. The two add-alternate items included in the bid package were: 1) lighting at the basketball courtsfor $60,000; 2) six fitness equipment stations for $190,000. Staff recommends award of both add-alternate bid items for a total of $250,000.In order to facilitate the approval of contract change orders and avoid construction delay, it is requested that the City Manager be authorized to approve change orders up to the contingency amount of $835,000. The resolution will authorize this change as it relates to the project.If the construction contract is awarded to Suarez & Munoz Construction, Inc., Staff expects work to begin in early October 2023. The project is anticipated to be complete, including the 90-day plant establishment period, in early 2025.Community Workforce AgreementOn January 11, 2022, the City Council approved a Community Workforce Agreement (CWA) with the Building and Construction Trades Council of Alameda County and its Affiliated Local Unions. The CWA is applicable to public works projects valued at over $1,000,000, ensures that there are no labor issues related to said projects, and bolsters local efforts to connect residents with careers in the building and construction trades. The CWA includes a Local Hire Goal where 20% of all hours on a project be worked by Local Residents, which are defined as individuals that reside within Alameda County or within a 15-mile radius of City limits. The CWA also requires contractors to hire one new apprentice for the first $1,000,000 of construction costs, and an additional new apprentice for every $5,000,000 construction costs, based on the engineer’s estimate. Apprentices must work a minimum of 10% of the total craft’s work hours, but the CWA allows that apprentices may be deployed to another project to ensure the minimum number of hours are met.Staff worked with a consultant, Workforce Integrity and Training Solutions, to prepare bid documents and solicit bids for the Wallis Ranch Community Park Project that comply with the provisions of the CWA. The provisions include the requirement that responsive bidders include an executed Agreement to be Bound to and by the CWA, and that all subcontractors of the successful bidder also execute the Agreement to be Bound within 14 days after Notice of Award. California Environmental Quality Act (CEQA)On May 10, 1993 the City Council adopted Resolution No. 51-93 certifying the Eastern Dublin Environmental Impact Report (Attachment 5) and on March 15, 2005 the City Council adopted Resolution No. 42-05 certifying the 2005 Dublin Ranch West Supplemental Environmental Impact Report (Attachment 6). As part of the planning process for the park it was determined that an additional environmental review would be required. On September 21, 2021 the City Council 307 Page 5 of 5 adopted Resolution No. 116-21 approving an Addendum (Attachment 7) to the Eastern Dublin Environmental Impact Report and the 2005 Dublin Ranch West Supplemental Environmental Impact Report. The environmental review has shown that the proposed park elements would have no significant impacts beyond those identified in the amended Eastern Dublin Environmental Impact Report and the 2005 Dublin Ranch West Supplemental Environmental Impact Report. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. A courtesy copy of this report was sent to Suarez & Munoz Construction, Inc. ATTACHMENTS:1) Resolution Approving the Plans and Specifications and Awarding a Contract to Suarez & Munoz Construction, Inc. for the Wallis Ranch Community Park Project, CIP No. PK04212) CIP No. PK04213) Bid Results4) Resolution No. 51-93 Certifying the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan5) Resolution No. 42-05 Certifying a Supplemental Environmental Impact Report and Adopting Mitigation Findings, Findings Regarding Alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Dublin Ranch West Project6) Resolution No. 116-21 Approving an Addendum to the Eastern Dublin Environmental Impact Report and 2005 Dublin Ranch West Supplemental Environmental Impact Report, and Approving the Wallis Ranch Community Park Conceptual Plan 308 Attachment 1 Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 1 of 2 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO SUAREZ AND MUNOZ CONSTRUCTION, INC. FOR THE WALLIS RANCH COMMUNITY PARK PROJECT, CIP NO. PK0421 WHEREAS,on September 21, 2021, the City Council approved the schematic design to construct the 8.75-acre Wallis Ranch Community Park (Project) located on three separate parcels between Tassajara Road and the Wallis Ranch residential development; and WHEREAS,the design team has completed the plans and specifications for the Project, which is located on three separate parcels, Parcel 16 “Playgrounds,” Parcel 21 “Sports Courts,” and Parcel 22 “Dog Park”; and WHEREAS,the City of Dublin did, on July 25, 2023, publicly open, examine, and declare all sealed bids for doing the work described in the approved plans and specifications for the Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS,a bid protest from Suarez and Munoz Construction, Inc. was filed with the City by 5:00 p.m. on the third business day after bid opening in accordance with the Instructions to Bidders; and WHEREAS, the low bid from S&H Construction, Inc. was deemed non-responsive for failure to meet the specific experience requirements of completing two parks or sports facilities projects for a City, County, or State of California within the last seven years; and WHEREAS,the bid submitted to Staff by Suarez and Munoz Construction, Inc. was determined to be responsive and the best value for doing base bid work and the add alternative items. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Plans and Specifications for the Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for the Project to the lowest responsive and responsive bidder, Suarez and Munoz Construction, Inc. at a base bid of $8,100,000, with the inclusion of the two add-alternate items up to $250,000, for a total contract amount up to $8,350,000, the particulars of which bids are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the Project Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of $835,000. 309 Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 2 of 2 BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Construction Agreement with Suarez and Munoz Construction, Inc. PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 310 Number PK0421 Program PARKS PRIOR YEARS 2022-2023 BUDGET 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 9100 $38,308 $170,362 $208,670 9200 $415,906 $707,664 $1,123,570 9400 $6,858,639 $6,858,639 9500 $4,762 $982,443 $987,205 $458,976 $8,719,108 $9,178,084 PRIOR YEARS 2022-2023 BUDGET 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 4100 $458,976 $8,719,108 $9,178,084 $458,976 $8,719,108 $9,178,084 ANNUAL OPERATING IMPACT $215,000 $215,000 $215,000 Miscellaneous WALLIS RANCH COMMUNITY PARK ESTIMATED COSTS FUNDING SOURCE TOTAL Salaries & Benefits Contract Services Improvements Public Facility Fees 2022-2027 CAPITAL IMPROVEMENT PROGRAM TOTAL PROJECT DESCRIPTION The Wallis Ranch Community Park consists of three separate parcels totaling 8.85 acres in the Wallis Ranch Development. The project will provide for the design and construction of a community park and will be designed to the Community Park Standards contained in the Parks and Recreation Master Plan. Park amenities include: play area, picnic facilities, turf area, lighted tennis, pickle ball, and basketball facilities, natural area, restrooms, pathways, lighting, dog park, and irrigation and landscaping. Design began in spring 2021. Construction is anticipated to begin in summer 2023. ANNUAL OPERATING IMPACT: $215,000 MANAGING DEPARTMENT: Public Works 31 1 Wallis Ranch Community Park PK0421 Bid Date: ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $7,968,600 $7,968,600.00 $8,100,000.00 $8,100,000.00 $8,100,000.00 $8,100,000.00 $8,194,400.00 $8,194,400.00 $8,537,879.00 $8,537,879.00 TOTAL BASE BID $7,968,600.00 $8,100,000.00 $8,100,000.00 $8,194,400.00 $8,537,879.00 ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $248,600.00 $248,600.00 $90,000.00 $90,000.00 $60,000.00 $60,000.00 $49,500.00 $49,500.00 $45,404.00 $45,404.00 2 1 LS $228,600.00 $228,600.00 $245,000.00 $245,000.00 $190,000.00 $190,000.00 $219,000.00 $219,000.00 $156,924.00 $156,924.00 S&H Construction, Inc.Robert A Bothman Construction Suarez & Munoz Construction, Inc. SELECTED BIDDER BID SUMMARY July 25, 2023 Project Name: Project No. : CITY OF DUBLIN PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION DESCRIPTION Base Bid - Wallis Ranch Community Park DESCRIPTION Lighting at Basketball Courts Fitness Equipment NON RESPONSIVE BID S&H Construction, Inc.Robert A Bothman Construction Suarez & Munoz Construction, Inc. McGuire and Hester BrightView Landscape Development, Inc. BrightView Landscape Development, Inc. LOW BIDDER (TIED) ADDITIVE ALTERNATES BASE BID McGuire and Hester 1 31 2 Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves x Other Account Amount Account Amount pk0119.9200.9201 (Contract Services)($900,000)pk0421.9400.9401 (Improvements)$2,581,916 pk0119.9400.9401 (Improvements)($75,000) Community Park Improvements Funding Source (Transfer In)$2,581,916 pk0119.4301 (35009510.49999) - Community Park Improvements Funding Source (Transfer In)($975,000) 43019510.89101 - Community Park Improvements Transfers Out $2,581,916 43019510.89101 - Community Park Improvements Transfers Out ($975,000) 10010000.44320 ($410,500)10010000.44329 $410,500 10010000.44503 ($1,196,416)10010000.44329 $1,196,416 8/15/2023 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN To address the shortfall in the Wallis Ranch Community Park Project, this will shift $975,000 of Public Facility Fees from The Fallon Sports Park – Phase 3, CIP No. PK0119 to the Wallis Ranch Community Park Project, shift $410,500 from the Fallon Sports Park III Contingency Reserve, and shift $1,196,416 from the Unassigned (Cash Flow) Reserve to the Advance to Public Facility Fee Reserve. REASON FOR BUDGET CHANGE FISCAL YEAR 2023-24 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT Wallis Ranch Community Park (PK0421) Committed - Advance to Public Facility Fee Committed - Advance to Public Facility Fee Fallon Sports Park - Phase 3 (PK0119) Committed - Fallon Sports Park Contingency Reserve Unassigned - (Cash Flow) - Reserve City Council's Approval Required Attachment 4 313 Attachment 9 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 Attachment 10 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 Reso. No. 116-21, Item 8.1, Adopted 09/21/2021 Page 1 of 2 RESOLUTION NO. 116 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN ADDENDUM TO THE EASTERN DUBLIN ENVIRONMENTAL IMPACT REPORT AND THE 2005 DUBLIN RANCH WEST SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, AND APPROVING THE WALLIS RANCH COMMUNITY PARK CONCEPTUAL PLAN (CIP NO. PK0421) WHEREAS, the Wallis Ranch Community Park project, CIP No. PK0421, is located in the eastern portion of the City of Dublin for which the City of Dublin adopted the Eastern Dublin General Plan Amendment/Specific Plan to provide a planning framework for land uses, including recreational facilities and community parks; and WHEREAS, on May 10, 1993, the City Council adopted Resolution No. 51-93, certifying the Addendum and the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific plan (“Eastern Dublin EIR”) pursuant to CEQA Guidelines, Section 15168 (SCH: 91103064); and WHEREAS, on March 15, 2005, the City Council adopted Resolution No. 42-05 certifying the Supplemental Environmental Impact Report for the Dublin Ranch West Project, and adopting the mitigation findings, findings regarding alternatives, the Statement of Overriding Considerations, and the Mitigation Monitoring Program (“2005 Dublin Ranch West Supplemental EIR”) pursuant to CEQA Guidelines, Section 15168 (SCH: 2003022082); and WHEREAS, the proposed improvements at Wallis Ranch Community Park project include lighted sports courts (tennis, pickleball, and basketball), play areas, dog park, fitness area, restroom structures, open turf recreation area, picnic areas, parking, and landscaping; and WHEREAS, consistent with the City of Dublin Parks and Recreation Master Plan, the project site would be developed as an “Active Community Park”; and WHEREAS, the proposed project would not include facilities that would substantially increase the intensity of use at the project site or draw visitors from the surrounding region; and WHEREAS, the City prepared an initial study checklist pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 and 15164, subdivision (a), to evaluate whether the proposed improvements would result in any new impacts or impacts that would be more severe than were evaluated and disclosed in the Eastern Dublin EIR and the 2005 Dublin Ranch West Supplemental EIR; and WHEREAS, CEQA Guidelines Section 15164, subdivision (a) provides that the lead agency or a responsible agency shall prepare an addendum to a previously certified Environmental Impact Report (EIR) or Mitigated Negative Declaration (MND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR or MND have occurred (CEQA Guidelines § 15164, subdivision (a)); and Attachment 7 479 Reso. No. 116-21, Item 8.1, Adopted 09/21/2021 Page 2 of 2 WHEREAS, pursuant to the requirements of CEQA, the City prepared an Addendum for the project (the “Addendum”) shown as Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the Addendum reflected the City’s independent judgment and analysis of the potential environmental impacts of the proposed improvements for the Wallis Ranch Community Park project, and concluded that the project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the Eastern Dublin EIR and the 2005 Dublin Ranch West Supplemental EIR, and no other CEQA standards for supplemental review are met; and WHEREAS, the Addendum, checklist, and attached documents constitute substantial evidence supporting the conclusion that preparation of a subsequent MND is not required; and WHEREAS, the City Council considered the Addendum and all above-referenced reports, recommendations, and testimony to evaluate the Wallis Ranch Community Park Conceptual Design. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Addendum to the Eastern Dublin Environmental Impact Report and the 2005 Dublin Ranch West Supplemental Environmental Impact Report (attached as Exhibit A and incorporated herein by reference). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Wallis Ranch Community Park Conceptual Design (attached as Exhibit B and incorporated herein by reference). PASSED, APPROVED AND ADOPTED this 21st day of September 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 480 Wallis Ranch Park Project Addendum to the Eastern Dublin Environmental Impact Report and the 2005 Dublin Ranch West Supplemental Environmental Impact Report September 7,2021 481 This page intentionally left blank. 482 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 1 Table of Contents Introduction 3 Background 5 Project Description 7 Environmental Setting 9 Environmental Checklist 11 Explanation of Environmental Checklist Responses 13 483 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 2 List of Figures Figure 1:Regional Location 143 Figure 2:Aerial Photograph of Project Site and Surrounding Land Uses 144 Figure 3:Conceptual Park Plan Alternative A 145 Figure 4:Conceptual Park Plan Alternative B 146 Note:All figures are included at the end of the document. List of Tables Table A:Construction Vibration Damage Criteria 101 Table B:City of Dublin Land Use/Noise Compatibility Standards dBA CNEL)102 Table C:Typical Maximum Construction Equipment Noise Levels Lmax)105 484 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 3 Wallis Ranch Park Project Addendum to the Eastern Dublin Environmental Impact Report and the 2005 Dublin Ranch West Supplemental Environmental Impact Report Introduction This Initial Study has been prepared in accordance with the provisions of the California Environmental Quality Act CEQA)and assesses the potential environmental impacts of implementing the proposed project described below.The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. Because the proposed project is generally based on the land use designations established by the City of Dublin General Plan,this Initial Study relies on a Program Environmental Impact Report EIR)prepared for the Eastern Dublin General Plan Amendment Eastern Extended Planning Area)and Eastern Dublin Specific Plan Eastern Dublin EIR),1 which evaluated the development of over 3,300 acres in the eastern part of the City.The Eastern Dublin EIR was certified by the City in 1993.Two addenda to the Eastern Dublin EIR were subsequently approved by the City. In 2005,a Supplemental EIR 2005 SEIR)to the Eastern Dublin EIR was prepared for the Dublin Ranch West Project,also known Wallis Ranch,as well as other smaller properties adjacent to the Dublin Ranch West site.The Dublin Ranch West SEIR was certified by the City in 2005.The Dublin Ranch West SEIR analyzed annexation of the property to the City and the Dublin San Ramon Services District,as well as development of 1,034 residential units on the site.The City ultimately approved a total of 935 residential units. In 2014,the City adopted an Addendum for the Wallis Ranch/Trumark Project 2014 Addendum),supported by an Initial Study checklist,to amend the previous land entitlements to allow for development of 809 residential units at various densities and product types,as well as parks,open space,public/semi public uses and infrastructure improvements.The proposed development plan evaluated in the 2014 Addendum identified the location for a Neighborhood 1 Dublin,City of.1992.Final Environmental Impact Report,State Clearinghouse No.91103064,Eastern Dublin General Plan Amendment and Specific Plan.December. 485 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 4 Park in the southern portion of the site,adjacent to Tassajara Road;however,details regarding the proposed park design were not known or evaluated in the 2014 Addendum. The subject of this Initial Study is the Wallis Ranch Park project,which includes construction and operation of proposed improvements on an approximately 9 acre site within the Wallis Ranch/Trumark residential development,located in eastern Dublin.Proposed improvements include lighted sports courts tennis and pickleball),basketball courts,play areas,dog park, fitness area,restroom,open turf recreation area,picnic areas,parking,and landscaping. Consistent with the City of Dublin Parks and Recreation Master Plan,the project site would be developed as an Active Community Park,”rather than a Neighborhood Park”as designated in the prior environmental documents.However,the proposed project would not include facilities that would substantially increase the intensity of use at the project site or draw visitors from the surrounding region. This Addendum,checklist,and attached supporting documents have been prepared to determine whether and to what extent the Eastern Dublin EIR and the 2005 SEIR prepared by the City of Dublin remain sufficient to address potential impacts of the proposed Wallis Ranch Park project,or whether additional documentation is required under California Environmental Quality Act CEQA)Public Resources Code PRC],21000,et seq.). Pursuant to Public Resources Code Section 21166,and CEQA Guidelines Sections 15162 and 15164,subdivision a),the attached checklist has been prepared to evaluate the proposed project.The attached checklist uses the standard environmental checklist categories provided in Appendix G of the CEQA Guidelines.CEQA Guidelines Section 15164,subdivision a)provides that the lead agency or a responsible agency shall prepare an addendum to a previously certified Environmental Impact Report EIR)or MND if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR or MND have occurred CEQA Guidelines 15164,subd.a)). This Addendum,checklist,and attached documents constitute substantial evidence supporting the conclusion that preparation of a subsequent MND is not required prior to approval of the above referenced permits by responsible and trustee agencies and provides the required documentation under CEQA. Project Title Wallis Ranch Park Project Lead Agency Name and Address City of Dublin Public Works Department 486 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 5 100 Civic Plaza Dublin,CA 94568 Contact Person and Phone Number Rosemary Alex Parks Facilities Development Coordinator Phone:925/833 6630 rosemary.alex@dublin.ca.gov Project Sponsor City of Dublin General Plan Designation Neighborhood Park Zoning Planned Development PD)Ordinance No.11 14 and PD Ordinance No.09 15 Project Approvals The City proposes to approve the conceptual master plan for the Wallis Ranch Park Project. Background Project Location and Context The proposed project site is in the City of Dublin,Alameda County,California and consists of an approximately 9 acre site within the Wallis Ranch/Trumark residential development,located in eastern Dublin Assessor’s Parcel Numbers APNs]:986 0045 018 00,986 0045 017 00,and 986 0045 012 00).The project is located west of Tassajara Road,between Rutherford Road and Wallis Ranch Drive.Tassajara Creek bisects the site. A conservation easement has been established on both sides of the creek to protect its value for open space,storm drainage facilities,and water quality treatment.Surrounding land uses include residential development to the north,undeveloped open space to the west and south, and Tassajara Road and Quarry Lane School to the east. Figures 1 and 2 provide the Regional Location and Aerial Photograph of the Project Site and Surrounding Land Uses,respectively. 487 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 6 Prior Environmental Review Documents The project has been included in several previous CEQA documents,as noted below. Eastern Dublin General Plan Amendment and Eastern Dublin Specific Plan State Clearinghouse No.1991103064).A Program Environmental Impact Report for the Eastern Dublin General Plan Amendment Eastern Extended Planning Area)and the Eastern Dublin Specific Plan EDSP)was certified by the City Council in 1993 by Resolution No.51 93.This document and its related Addenda collectively are referred to as the Eastern Dublin EIR.The Eastern Dublin EIR evaluated the following impacts: Land Use;Population,Employment and Housing;Traffic and Circulation;Community Services and Facilities;Sewer,Water and Storm Drainage;Soils,Geology and Seismicity; Biological Resources;Visual Resources;Cultural Resources;Noise;Air Quality;and Fiscal Considerations. The City adopted a Statement of Overriding Considerations Resolution No.53–93)for the following impacts: Cumulative loss of agriculture and open space land,cumulative traffic,extension of certain community facilities natural gas,electric and telephone service),consumption of non renewable natural resources,increases in energy uses through increased water treatment and disposal and through operation of the water distribution system, inducement of substantial growth and concentration of population,earthquake ground shaking,loss or degradation of botanically sensitive habitat,regional air quality,noise and alteration of visual character. The Eastern Dublin EIR was challenged in court and was found to be legally adequate.Two addenda documents to the Eastern Dublin EIR have been approved by the City as described above. Dublin Ranch West Supplemental EIR State Clearinghouse No.200322082).In 2005,a Supplemental EIR SEIR)to the Eastern Dublin EIR was prepared for the Dublin Ranch West Project,also known as Wallis Ranch,as well as other smaller properties adjacent to the Dublin Ranch West project site.The Dublin Ranch West SEIR was certified by the City on March 15,205 by City Council Resolution No.42 05.The Dublin Ranch West SEIR analyzed annexation of the property to the City of Dublin and Dublin San Ramon Services District DSRSD),amendments to the Dublin General Plan and Eastern Dublin Specific Plan,a Planned Development PD) prezoning,and Stage 1 Development Plan.Following certification of the Dublin Ranch West SEIR,the City approved a PD rezoning with related Stage 2 Development Plan for the site,a Site Development Review SDR)permit,a vesting tentative subdivision map,and a Development Agreement. 488 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 7 The Dublin Ranch West SEIR analyzed traffic and transportation,as well as the other environmental impacts associated with development of 1,034 residential units on the site, although the City ultimately approved 935 residential units.The Dublin Ranch West SEIR determined that the project would exceed Bay Area Air Quality Management District air quality standards,resulting in significant and unavoidable impacts on a project and cumulative level. Wallis Ranch/Trumark Addendum 2014 Addendum).An Addendum,supported by an Initial Study checklist,was prepared to amend the previous land entitlements to allow for development of 809 residential units at various densities and product types,as well as parks, open space,public/semi public uses and infrastructure improvements.The 2014 Addendum and related Statement of Overriding Considerations was adopted by City Council Resolution No. 67 14 on May 20,2014.The proposed development plan evaluated in the Wallis Ranch/Trumark Addendum identified the location for a Neighborhood Park in the southern portion of the site,adjacent to Tassajara Road. Project Description The City of Dublin proposes to construct and operate a new community park near the Wallis Ranch development in Eastern Dublin.The proposed project elements,construction methodology and operation and maintenance activities for the park are described below. Project Elements In spring 2021,the City,working with Callander Associates,began a community based design process for the future park at Wallis Ranch.The planning process included several public meetings and an online survey to obtain feedback from the community regarding the features that were desired for a future park near the Wallis Ranch community.Based on the community outreach process,priority amenities identified for inclusion at the park include:lighted tennis facility,pickleball courts,a dog park,and a restroom.Other proposed facilities include play areas,walking paths,turf open space,and basketball courts.The community process has resulted in two conceptual designs Figures 3A and 3B),which include the following community identified improvements: Lighted Sports Courts.The Lighted Sports Courts area would be located along Tassajara Road and would include tennis and pickleball courts.Courts would be lit for evening use.The lighting would be set on a timer and would automatically turn off at 10:00 p.m.A new restroom would be installed near the Lighted Sports Courts.Parking for the Lighted Sports Courts would be from a new 20 25 car parking area along Rutherford Drive.Basketball courts would also be provided either adjacent to the Lighted Sports Courts or across Rutherford Drive. Dog Park.A Dog Park would be provided either at the south end of the park near the Tassajara Road/Rutherford Drive intersection or in the northern portion of the park,west of Tassajara 489 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 8 Creek.The area would be fenced to allow voice controlled dogs to be off leash.The dog park would be separated to allow for rotation of turf maintenance.Infrastructure would also be provided e.g.water). Open Turf Recreation Area.An open turf area would be provided in the northern portion of the project site between Wallis Ranch Drive and Rutherford Drive.It would be accessed via an entry plaza and pedestrian walkways connecting it to other park elements.This area would be used as an open,flexible space for passive recreation use such as picnicking),as well as active recreation.Designated picnic areas would also be provided within the park site to accommodate group gatherings. Tot Play Area/Youth Play Area.Play areas are proposed either at the northernmost boundary of the project site Alternative A)or adjacent to the Lighted Sports Complex Alternative B).The proposed tot playground would be geared toward children aged 2 5 and would be enclosed with a 4 foot tall fence.Another play area would be provided for children aged 5 12 Parking and Circulation.Consistent with City of Dublin standards,a small parking area 20 25stalls)would be provided off of Rutherford Drive north of the proposed Lighted Sports Courts.On street parking would also be available. The majority of the proposed park would be located along the west side of Tassajara Road, south of Tassajara Creek.Access to the park would be provided via Wallis Ranch Drive and Rutherford Drive from Tassajara Road.The proposed project would also provide pedestrian and bicycle pathways to connect the various park improvements. Lighting.Additional LED pathway safety lighting,fixtures,and poles would be installed along pathways and parking lots for security lighting.As described above,new lights at the sports courts would also be installed to accommodate evening use.Consistent with City of Dublin Municipal Code Chapter 8.40,court lighting would not exceed a maximum height of 20 feet and would be direct downward to minimize spillover onto adjacent properties.Lights would be placed on a timed controller and would not be used past the hour of 10:00 p.m. Landscaping and Trees.Trees,shrubs,and groundcovers would be used throughout the park. The exact species have not yet been determined,but most would be either native species or drought tolerant species for water conservation.The turf grass areas would require typical maintenance such as fertilizer and irrigation.An automatic irrigation system would be designed to minimize water use and be adapted to weather conditions. Utilities and Stormwater.The proposed project would connect to existing utility infrastructure in the project area.Water and sewer mains are located along Tassajara Road.In compliance with the C.3 Provisions of the Municipal Regional Permit,stormwater collection and treatment 490 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 9 systems such a swales,detention basins and storm drain lines would be included to address drainage within the project site. Construction Construction is anticipated to commence in spring 2022 and would extend for approximately 8 months.Construction would require use of typical construction equipment for grading the site and installing park facilities.Construction would occur daily during daylight hours,from approximately 7:30 a.m.to 5:00 p.m.Construction staging would occur on the project site. Construction workers,equipment and deliveries would access the site via Tassajara Road.Cut and fill from project grading would be balanced on site. Operation and Maintenance The proposed project would be open daily to informal use,including picnicking,walking, jogging,bicycling,and use of general park facilities.Like most of the City’s parks,the proposed park would be open from sunrise until one hour after sunset.The lighted court would close at 10:00 p.m. The City of Dublin Public Works Department would manage the design and construction of the proposed park,as well as ongoing maintenance and operations.Maintenance activities would be performed by the City’s contracted service provider.Maintenance activities would include mowing,facility cleaning,vegetation management,and maintenance of recreation facilities. Environmental Setting Project Site and Existing Facilities As described above,the project site encompasses 8.75 acres of land on three parcels within the Wallis Ranch residential development.All three parcels are currently undeveloped and have been rough graded.Topography of the site is relatively flat with views of the hillsides to the west. Tassajara Creek and its associated riparian woodland bisects the project site.The creek corridor is protected by an existing conservation easement.Two bridge crossings of Tassajara Creek were constructed as part of the residential development project,which provide vehicular connections to the park parcels.Consistent with the prior environmental documents,barriers have been installed along the boundaries of the riparian corridor to prevent intrusion into the protected area and to prevent migration of sensitive wildlife into the development area. Street trees and other landscape plantings,sidewalk improvements,and street lights line Tassajara Road,Wallis Ranch Road,and Rutherford Drive,which border the project site.A sculptural element has been installed at the intersection of Tassajara Road and Rutherford 491 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 10 Drive and various entry elements have also been installed at the intersection of Tassajara Road and Wallis Ranch Road.These elements would be retained and have been incorporated into the project design. Surrounding Land Uses As shown in Figure 2,surrounding land uses include residential development to the north, undeveloped open space to the west and south,and Tassajara Road and Quarry Lane School to the east. 492 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 11 Environmental Checklist Environmental Factors Potentially Affected by the Project The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Significant Impact"as indicated by the checklist on the following pages. Aesthetics Agricultural and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology Soils Greenhouse Gas Emissions Hazards Hazardous Materials Hydrology Water Quality Land Use Planning Mineral Resources Noise Population Housing Public Services Recreation Transportation Traffic Tribal Cultural Resources Utilities Service Systems Wildfire Mandatory Findings of Significance 493 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 12 Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there will not be any new or substantially more significant effect in this case because all potentially significant effects:a)have been analyzed adequately in earlier CEQA documents pursuant to applicable standards;and b)have been avoided or mitigated pursuant to those earlier CEQA documents,including revisions or mitigation measures that are imposed on the proposed Project,except for those impacts which were identified as significant and unavoidable and for which Statements of Overriding Considerations were previously adopted by the City.An Addendum to the Eastern Dublin Environmental Impact Report,and the 2005 Dublin Ranch West Supplemental Environmental Impact Report will be prepared. X I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a potentially significant or a potentially significant unless mitigated impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards,and b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. CITY OF DUBLIN Name,Title Date September 8, 2021 Andrew C. Russell, Public Works Director 494 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 13 Explanation of Environmental Checklist Responses Aesthetics ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 1.AESTHETICS.Would the project: a. Have a substantial adverse effect on a scenic vista?X b. Substantially damage scenic resources,including but not limited to trees,rock outcroppings,and historic buildings within a state scenic highway? X c. Substantially degrade the existing visual character or quality of public views of the site and its surroundings? Public views are those that are experienced from publicly accessible vantage point).If the project is in an urbanized area,would the project conflict with applicable zoning and other regulations governing scenic quality? X d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Environmental Setting The project site is located in Dublin,within the proposed Wallis Ranch development.The project site consists of three parcels and is bounded to the west by undeveloped hillsides,to the north and east by residential development,to the east by Tassajara Road and to the south by undeveloped open space.All three parcels are currently undeveloped.Topography of the site is relatively flat with views of the hillsides to the west.Due to intervening development and site topography,scenic vistas from the project site are limited. Tassajara Creek and its associated riparian woodland bisects the project site.The creek corridor is protected by an existing conservation easement;therefore,trees and other vegetation within this area would be preserved.Street trees and other landscape plantings line Tassajara Road, Wallis Ranch Road,and Rutherford Drive,which border the project site. The project site is located in a developed area.Streetlights,vehicle head and tail lights on area roadways,and lighting associated with adjacent development are the existing sources of light and glare in the project area. 495 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 14 Regulatory Framework State Regulations State Scenic Highways Program The California Department of Transportation’s Caltrans)Landscape Architecture Program administers the Scenic Highway Program contained in the Streets and Highways Code,Sections 260–263.The purpose of the program is to protect and enhance the natural scenic beauty of California highways and adjacent corridors through special classifications.State Highways are classified as either Officially Listed or Eligible.A highway may be designated scenic based on the visibility of the natural landscape to travelers,the scenic quality of the landscape,and the extent to which development intrudes upon the traveler's enjoyment of the view.According to Caltrans’California Scenic Highway Mapping System,the closest officially designated State scenic highway to the project area and project site is I 580. Local Regulations City of Dublin General Plan As described in the Circulation and Scenic Highways Element of the City of Dublin General Plan, I 580,I 680,and Tassajara Road were designated as scenic routes by Alameda County in 1966. Per the City of Dublin General Plan policies,design review would be required for all projects visible from a designated scenic route in order to enhance a positive image of Dublin as seen by through travelers.The following policies related to visual resources are applicable to the proposed project: Implementing Policy 5.7.1.A.1.Exercise design review of all projects visible from a designated scenic route. Implementing Policy 5.7.1.A.2.Implement the Eastern Dublin Scenic Corridors Policies and Standards for projects within the Eastern Extended Planning Area. City of Dublin Municipal Code Chapter 8.104,Site Development Review,of the City of Dublin Municipal Code establishes the procedure for approving,conditionally approving,or denying Site Development Review permits to promote orderly,attractive and harmonious development for new development projects that are compatible with surrounding properties and neighborhoods.Adopted Site Development Review Guidelines are used to guide Site Development Review applications. 496 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 15 Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to standardized tract development,obscuring distinctive natural features,alteration of hillsides,ridges,and watercourses,alteration of Dublin’s visual identity as a freestanding city,scenic vistas,and scenic routes.All of these impacts were determined to be less than significant with implementation of mitigation measures identified in the Eastern Dublin EIR.The Eastern Dublin EIR determined that impacts associated with the alteration of the rural/open space visual character of the project area and alteration of the visual character of the flatlands would be significant and unavoidable.The following mitigation measures would apply to the proposed project: MM 3.8/1.0 Establish a visually distinctive community which preserves the character of the natural landscape by protecting key visual elements and maintaining views from major travel corridors and public spaces. MM 3.8/2.0 Implement the land use plan for the Project site which emphasizes retention of the predominant natural features,such as ridgelines and watercourses,and sense of openness that characterize eastern Dublin. MM 3.8/3.0 Preserve the natural open beauty of the hills and other important visual resources,such as creeks and major stands of vegetation. MM 3.8/4.0 Visual impacts of extensive grading shall be reduced by sensitive engineering design,by using gradual transition from graded areas to natural slopes and by revegetation. MM 3.8/4.1 Alterations of existing natural contours shall be minimized.Grading shall maintain the natural topography as much as possible.Grading beyond actual development areas shall be for remedial purposes only. MM 3.8/4.4 Graded slopes shall be re contoured to resemble existing landforms in the immediate area.Cut and graded slopes shall be revegetated with native vegetation suitable to hillside environments. MM 3.8/4.5 The height of cut and fill slopes shall be minimized to the greatest degree possible.Grades for cut and fill slopes should be 3:1 or less whenever feasible. 497 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 16 MM 3.8/5.1 Structures shall not be located where they would obstruct scenic views or appear to extend above an identified scenic ridgetop i.e.,silhouetted)when viewed from designated scenic routes. MM 3.8/6.0 Tassajara Creek and other stream corridors are visual features that have special scenic value for the planning area.The visual character of these corridors should be protected from unnecessary alteration or disturbance and adjoining development should be sites to maintain visual access to the stream corridors. MM 3.8/7.0 Preserve views of designated open space areas. MM 3.8/8.1 The City should require that projects with potential impacts on scenic corridors to submit a detailed visual analysis with development project application. Applicants will be required to submit graphic simulations and/or section drawn from affected travel corridors through the parcel in question,representing typical views of the parcel from scenic routes.The graphic depiction of the location and massing of the structure and associated landscaping can then be used to adjust the project design to minimize the visual impacts. Dublin Ranch West SEIR Aesthetics were addressed in the Initial Study for the SEIR.No potentially significant aesthetic impacts or mitigation measures were identified. 2014 Addendum No new or more severe impacts related to visual resources than were previously analyzed in the prior environmental documents were identified in the 2014 Addendum.The 2014 Addendum determined that with adherence to the mitigation measures identified in the Eastern Dublin EIR and the visual policies contained in the Eastern Dublin Specific Plan,no new impacts would occur. Project Impacts and Mitigation Measures a)Scenic vistas,views No New Impact.A scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public.According to the Eastern Dublin Specific Plan,views within the planning area are dominated by rolling hills.Long range views of scenic vistas are available from the flatlands near I 580 and higher elevations;however, topographic conditions create vistas which are constrained.As described above,the project site is relatively flat and the surrounding area is largely developed with residential uses allowing for limited views of the surrounding landscape.However,the hillsides to the west can be seen from the project site. 498 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 17 The proposed project would result in the development of the project area with a park.Visible elements of the proposed project would include the lighted sports courts,basketball courts, play areas,turf area,walkways,landscaping and lighting.Proposed improvements would not include any tall structures or landscaping that would reduce,obstruct,or degrade scenic vistas. The most evident new feature within the viewshed would be the sports courts lights,which would extend approximately 20 feet high.These poles would be visible around the perimeter of the courts during daytime hours.However,due to their slender,vertical appearance,they would not be of such physical prominence that their presence would significantly affect a scenic vista.In addition,the sports courts would be located adjacent to Tassajara Road and proposed lights would be consistent in visual character with existing street lighting. Construction activities would be visible from adjacent uses and public roadways.However,the equipment required for construction would only be visible temporarily. The Eastern Dublin EIR determined that implementation of the Eastern Dublin Specific Plan would alter the character of existing scenic vistas and potentially obscure important sightlines Impact 3.8/I).With implementation of Mitigation Measure 3.8/7.0,which requires the City to preserve views of designated open space areas and to complete a visual assessment and guidelines for the Eastern Dublin area,this impact was reduced to a less than significant level. The proposed project would include development of park improvements in the same location as was previously analyzed in the Dublin Ranch West SEIR and the 2014 Addendum.As described above,upon completion,project elements would be at grade or low standing e.g., up to 20 feet tall).The mitigation measures identified in the Eastern Dublin EIR and the visual policies in the Eastern Dublin Specific Plan would apply to the proposed project.Therefore, impacts associated with the proposed project would not result in new impacts to scenic vistas or substantially increase the severity of impacts analyzed in the prior environmental documents.No additional analysis is required. b)Scenic resources No New Impact.No designated State scenic highways are located near the project site.The nearest eligible State scenic highway to the project area is I 580,which is approximately 1.7 miles south of the project site.However,Tassajara Road,which borders the site to the east has been designated as a scenic route by Alameda County. Implementation of the project would not substantially damage scenic resources within view of a scenic route.The majority of improvements would be at grade and would not impair scenic views and the natural vegetation associated with Tassajara Creek would be preserved.New landscaping and turf areas would be provided as part of project improvements. The Eastern Dublin EIR determined that implementation of the Eastern Dublin Specific Plan had the potential to alter visual resources along scenic routes,including Tassajara Road Impact 499 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 18 3.8/J).With implementation of Mitigation Measure 3.8/8.0 and 8.1 which requires the City to adopt scenic corridor policies and review procedures for projects within the scenic corridor viewshed and to require a detailed visual analysis for projects with potential impacts on scenic corridors,this impact was determined to be less than significant. The proposed project would include development of park improvements in the same location as was previously analyzed in the Dublin Ranch West SEIR and the 2014 Addendum.No substantial damage to scenic resources within a scenic corridor would occur as a result of implementation of the proposed project.The mitigation measures identified in the Eastern Dublin EIR and the visual policies in the Eastern Dublin Specific Plan would apply to the proposed project.Therefore,impacts associated with the proposed project would not result in new impacts to scenic routes or substantially increase the severity of impacts analyzed in the prior environmental documents.No additional analysis is required. c)Substantially degrade the visual character of public views of the site or surrounding area No New Impact.Goals and policies in the Eastern Dublin Specific Plan promote the preservation of the City’s rural and natural character and the regulation of development in rural areas.The project site is located in an area designated for park uses and surrounded by residential development and undeveloped open space areas.Implementation of the proposed project would provide a park to serve this residential area. Development of the proposed project would change the existing visual character of the project area and vicinity by developing the existing vacant land into a community park.The proposed project would result in the development of public open space areas,including walkways,picnic areas,recreation facilities e.g.,courts,play areas),and landscaping,enhancing the visual character of the project site.Proposed improvements would generally be at grade or low standing.The proposed project would preserve existing visual features on the project site e.g., sculpture at the intersection of Tassajara Road and Rutherford Drive,Tassajara Creek riparian corridor)and provide new visual elements e.g.,entries,landscaping)to enhance and complement park improvements. As described above,the Eastern Dublin EIR determined that the substantial alteration of the existing rural and open space qualities that characterize Eastern Dublin Impact 3.8/B)would result in a significant unavoidable impact despite implementation of Mitigation Measure 3.8/2. The proposed project would include development of a community park on the same site as was previously analyzed in the Dublin Ranch West SEIR and the 2014 Addendum.The proposed project would preserve the Tassajara Creek corridor,consistent with the requirements of the conservation easement and would improve the visual quality and character of the project area through development of recreation improvements and open space areas.Therefore,impacts associated with the proposed project would not result in new impacts or substantially increase 500 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 19 the severity of impacts analyzed in the prior environmental documents.No additional analysis is required. d)Create a new source of substantial light or glare No New Impact.Streetlights,vehicle head and taillights on area roadways,and lighting associated with adjacent development are the existing sources of light and glare in the vicinity of the project site.The proposed project would include development of a community park on an existing undeveloped site.Park hours would be from dawn until dusk,with courts with lighting having extended hours until 10:00 p.m.Lights would be placed on a timed controller and would not be used past the hour of 10:00 p.m. Chapter 8.40 of the City of Dublin Municipal Code requires that court lighting shall not exceed a maximum height of 20 feet and lighting shall be shielded or recessed so that light,glare,and reflections are confined to the maximum extent feasible within the boundaries of the site. Consistent with the policies outlined in the City’s Municipal Code,each light fixture would be directed downward and away from adjoining properties,so that no on site light fixture would directly illuminate any off site areas.Further,proposed lighting would be confined to a small area of the park,adjacent to Tassajara Road and away from existing residential development. Light and glare impacts were not identified in the Eastern Dublin EIR;however,the Initial Study for the Dublin Ranch West SEIR determined that additional light sources associated with development e.g.,streetlights,building and security lighting)would be less than significant. Consistent with the findings of the prior environmental documents,the proposed project would be required to comply with the City development requirements and standard conditions of approval as part of the review process to prevent light spillover from the project site.With adherence to these requirements,the proposed project would not create a new source of substantial light or glare,which would adversely affect day or nighttime views in the area.No new impacts or substantially more severe significant impacts would result with implementation of the proposed project.No additional analysis is required. Source(s) California Department of Transportation.2018.California Scenic Highway Mapping System. Website:dot.ca.gov/programs/design/lap landscape architecture and community livability/lap liv i scenic highways accessed February 16,2021). Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. 501 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 20 Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064m Eastern Dublin General Plan Amendment and Specific Plan. December 7. 502 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 21 Agricultural and Forestry Resources ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 2.AGRICULTURE RESOURCES.In determining whether impacts to agricultural resources are significant environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model 1997)prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a. Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non agricultural use? X b. Conflict with existing zoning for agricultural use,or a Williamson Act contract? X c. Involve other changes in the existing environment which, due to their location or nature,could result in conversion of Farmland to non agricultural use or conversion of forest land to non forest use? X d. Result in the loss of forest land or conversion of forest land to non forest use? X e. Involve other changes in the existing environment which, due to their location or nature,could result in conversion of Farmland,to non agricultural use or conversion of forest land to non forest use? X Environmental Setting The project site is not used for agricultural production and is not designated Prime Farmland, Unique Farmland,or Farmland of Statewide Importance on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency.The surrounding area is characterized by residential uses. The Farmland Mapping and Monitoring Program categorizes the project site as Grazing Land. Grazing Land is defined as land on which the existing vegetation is suited to the grazing of livestock. No forest land exists on the project site;however,riparian woodland is located within the Tassajara Creek corridor that bisects the project site. 503 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 22 Regulatory Framework State Regulations California Department of Conservation Farmland Mapping and Monitoring Program The California Department of Conservation DOC)manages the Farmland Mapping and Monitoring Program to assess the location,quality,and quantity of agricultural lands and conversion of these lands over time.In each county,the land is analyzed for soil and irrigation quality,and the highest quality land is designated as Prime Farmland,Unique Farmland,or Farmland of Statewide Importance.Based on the results of these analyses,the DOC issues maps every two years with the use of a computer mapping system,aerial imagery,public review,and field reconnaissance. Williamson Act The Williamson Act,also known as the California Land Conservation Act of 1965,enables local governments and private landowners to enter into contracts that restrict specific parcels of land to agricultural or related open space use.As a result,landowners receive reduced property tax assessments because they are based upon farming and open space uses rather than market value. Local Regulations City of Dublin General Plan Section 7.6 of the General Plan outlines policies and programs related to agricultural lands.The following policies related to agriculture are applicable to the proposed project: Guiding Policy 7.6.1.A.1.Prevent the premature urbanization of agricultural lands. Implementing Policy 7.6.1.B.1.Approval of urban development shall require findings that the land is suitable for the proposed use and will have adequate urban services and that conversion to an urban use will not have significant adverse effects on adjoining lands remaining under Williamson Act contract. Eastern Dublin Specific Plan Section 6.2 of the Eastern Dublin Specific Plan outlines policies and programs related to open space.The following policies related to agriculture are applicable to the proposed project: Policy 6 2:Locate development so that large,continuous open space areas/corridors are preserved.Avoid creating open space islands.Encourage single loaded streets in areas adjacent to open space,rural residential,and agricultural lands. 504 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 23 Policy 6 7:All Rural Residential/Agriculture RR/A)areas shall be kept primarily undeveloped.If possible,allowable development in these areas should be transferred to other residential development areas and the future use of the land restricted to open space uses.If development does occur within RR designated areas,it should be located in the least visible portion of the development site and situated to preserve the area's value as open space and wildlife habitat. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified less than significant impacts related to discontinuation of agricultural uses,loss of farmlands of local importance,indirect impacts resulting from non renewal of Williamson Act contracts,and conversion of non urban lands.Although the Eastern Dublin EIR determined that the loss of agricultural uses within the Eastern Dublin Area was less than significant,the Eastern Dublin EIR identified the cumulative loss of agricultural lands and open space as a significant unavoidable impact and adopted a Statement of Overriding Considerations for this impact. Dublin Ranch West SEIR Agricultural resources were addressed in Chapter 4.1 of the Dublin Ranch West SEIR.No additional significant impacts to agricultural resources were identified. 2014 Addendum No new or more severe impacts related to agricultural resources than were previously analyzed in the prior environmental documents were identified in the 2014 Addendum.The 2014 Addendum determined that the Wallis Ranch/Trumark Project would continue to contribute to cumulative loss of agricultural land and open space,which was identified as a significant and unavoidable impact in the Eastern Dublin EIR Impact 3.1/F). Project Impacts and Mitigation Measures a)Convert Prime Farmland,Unique Farmland,or Farmland of Statewide Importance farmland) No New Impact.As described above,the project site is not used for agricultural production and is not designated Prime Farmland,Unique Farmland,or Farmland of Statewide Importance Therefore,the proposed project would not convert Prime Farmland,Unique Farmland, Farmland of Statewide Importance,or any other type of farmland to non agricultural uses.No new impacts or substantially more severe significant impacts to Prime Farmland,Unique Farmland,or Farmland of Statewide Importance would occur.No additional analysis is required. 505 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 24 b)Conflict with existing zoning for agricultural use or a William Act contract No New Impact.The project site is currently classified as Planned Development PD)Ordinance No.07 03 on the City’s Zoning Map.The project site is not currently used for agricultural purposes,not zoned for agricultural uses,and is not protected by,or eligible for,a Williamson Act contract.Therefore,the proposed project would not conflict with existing zoning or Williamson Act contracts.No new or substantially more severe significant impacts to farmland or zoning beyond what has been analyzed in the prior environmental documents would occur. No additional analysis is required. c)Conversion of land from Farmland or forest use No New Impact.As described above,the project site is zoned is currently classified as Planned Development PD)Ordinance No.11 14 and PD Ordinance No.09 15 on the City’s Zoning Map. Neither the project site nor the surrounding area is zoned for agricultural use,forest land, timberland,or timberland production.Therefore,no new or substantially more severe significant impacts to farmland beyond what has been analyzed in the prior environmental documents would occur.No additional analysis is required. d)Result in loss of forest land or conversion of forest No New Impact.No forest or timberland exists on the project site or in the surrounding area. Therefore,the proposed project would not result in the loss of forest land or the conversion of forest land to non forest use.Therefore,no new or substantially more severe significant impacts to forest land beyond what has been analyzed in the prior environmental documents would occur.No additional analysis is required. e)Conversion of Farmland,to non agricultural use or conversion of forest land to non forest use No New Impact.None of the project parcels are currently used as farmland or forest land.The proposed project would not result in the conversion of farmland on or off the project site to non agricultural uses because there are no agricultural uses on or in the immediate vicinity of the project site.Likewise,the proposed project would not result in impacts related to changes in the existing environment that could result in the conversion of agricultural land to non agricultural uses.Therefore,no new or substantially more severe significant impacts related to conversion of farmland or forest land beyond what has been analyzed in the prior environmental documents would occur.No additional analysis is required. Source(s) California Department of Conservation DOC).California Farmland Conservancy.California Important Farmland Finder.Website:maps.conservation.ca.gov/dlrp/ciff/accessed June 24,2021). 506 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 25 Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064m Eastern Dublin General Plan Amendment and Specific Plan. December 7. 507 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 26 Air Quality ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 3.AIR QUALITY.Where available,the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan?X b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard? X c. Expose sensitive receptors to substantial pollutant concentrations? X d. Result in other emissions such as those leading to odors adversely affecting a substantial number of people? X Environmental Setting The proposed project is located in the City of Dublin,and is within the jurisdiction of the Bay Area Air Quality Management District BAAQMD),which regulates air quality in the San Francisco Bay Area.Air quality conditions in the San Francisco Bay Area have improved significantly since the BAAQMD was created in 1955.Ambient concentrations of air pollutants and the number of days during which the region exceeds air quality standards have fallen substantially.In Dublin,and the rest of the air basin,exceedances of air quality standards occur primarily during meteorological conditions conducive to high pollution levels,such as cold, windless winter nights or hot,sunny summer afternoons. Within the BAAQMD,ambient air quality standards for ozone,carbon monoxide CO),nitrogen dioxide NO2),sulfur dioxide SO2),particulate matter PM10,PM2.5),and lead Pb)have been set by both the State of California and the federal government.The State has also set standards for sulfate and visibility.The BAAQMD is under State non attainment status for ozone and particulate matter standards.The BAAQMD is classified as non attainment for the federal ozone 8 hour standard and non attainment for the federal PM2.5 24 hour standard. 508 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 27 Regulatory Framework Local and Regional Regulations Bay Area Air Quality Management District The BAAQMD seeks to attain and maintain air quality conditions in the San Francisco Bay Area Air Basin through a comprehensive program of planning,regulation,enforcement,technical innovation,and education.The clean air strategy includes the preparation of plans for the attainment of ambient air quality standards,adoption and enforcement of rules and regulations,and issuance of permits for stationary sources.The BAAQMD also inspects stationary sources and responds to citizen complaints,monitors ambient air quality and meteorological conditions,and implements programs and regulations required by law. The BAAQMD CEQA Air Quality Guidelines were prepared to assist in the evaluation of air quality impacts of projects and plans proposed within the Bay Area.The guidelines provide recommended procedures for evaluating potential air impacts during the environmental review process,consistent with CEQA requirements,and include recommended thresholds of signifi cance,mitigation measures,and background air quality information.They also include recommended assessment methodologies for air toxics,odors,and greenhouse gas GHG) emissions. The BAAQMD’s Clean Air Plan guides the region’s air quality planning efforts to attain the California ambient air quality standards.The BAAQMD 2017 Clean Air Plan,which was adopted on April 19,2017,by the BAAQMD Board of Directors,is the current Clean Air Plan,which contains district wide control measures to reduce ozone precursor emissions i.e.,reactive organic gases ROG]and nitrogen oxides NOx]),particulate matter,and greenhouse gas emissions. City of Dublin General Plan Section 7.5 of the General Plan outlines policies and programs related to air quality.The following policies related to agriculture are applicable to the proposed project: Implementing Policy 7.5.1.A.2.Require an air quality analysis for new development projects that could generate significant air emissions on a project and cumulative level. Air quality analyses shall include specific feasible measures to reduce anticipated air quality emissions to a less than significant California Environmental Quality Act CEQA) level. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to dust and construction equipment/vehicle emissions during construction,mobile source emissions,and 509 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 28 stationary source emissions.Mitigation measures were identified to reduce all air quality impacts;however,even with implementation of mitigation,impacts associated with construction equipment/vehicle emissions,mobile source emissions and stationary source were determined to be significant and unavoidable.The following mitigation measures would apply to the proposed project: MM 3.11/1.0 The City of Dublin shall: Require watering in late morning and at the end of the day;the frequency of watering should increase if wind speeds exceed 15 miles per hour mph).Watering should include all excavated and graded areas and material to be transported off site.Use recycled or other non potable water resources where feasible. Require daily cleanup of mud and dust carried onto street surfaces by construction vehicles. Require excavation haul trucks to use tarpaulins or other effective covers. Require that,upon completion of construction,measures shall be taken to reduce wind erosion.Replanting and repaving should be completed as soon as possible Require that unnecessary idling of construction equipment is avoided. Require that,after grading is completed,fugitive dust on exposed soil surface shall be controlled using the following methods: All inactive portions of the construction site should be seeded and watered until grass growth is evident. Require that all portions of the site shall be sufficiently watered to prevent excessive amounts of dust. Require that,at all times,the following procedures should be followed: On site vehicle speed shall be limited to 15 mph. Use of petroleum based palliative shall meet the road oil requirements of the Air Quality District.Non petroleum based tackifiers may be required by the Public Works Director. The Public Works Department will handle dust complaints.The Public Works Director may require the services of an air quality consultant to advise the City of the severity of the dust problem and additional ways to mitigate 510 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 29 impacts on residents,including temporarily halting project construction.Dust concerns in adjoining communities,as well as the City of Dublin shall be controlled.Control measures shall be related to wind conditions.Air quality monitoring ONM levels shall be provided as directed by the Public Works Director in Dublin. MM 3.11/2.0 Minimize construction interference with regional non project traffic movement by: Scheduling receipt of construction materials to non peak travel periods. Routing construction traffic through areas of least impact sensitivity. Limiting lane closures and detours to off peak periods. Providing ride share incentives for contractor and subcontractor personnel. MM 3.11/3.0 Require emissions control from on site equipment through a routine mandatory program of low emissions tune ups. MM 3.11/4.0 Require preparation of a construction impact reduction plan that incorporates all proposed air quality mitigation strategies with clearly defined responsibilities for plan implementation and supervision. MM 3.11/12.0 Stationary source emissions associated with Project development should also be minimized where feasible to reduce overall cumulative impacts.Minimum energy conservation standards are established in Title 24 of the California Code of Regulations.Design practice can achieve a slightly greater level of conservation than the minimum standards.A conservation target level for some fraction of Eastern Dublin development of 10 percent above the minimum should be implementation as an appropriate acknowledgement of the desired environmentally friendly”community character of the project. Dublin Ranch West SEIR The Dublin Ranch West SEIR determined that implementation of the Dublin Ranch West project would result in two potentially significant impacts associated with fugitive dust and particulate matter PM10)during construction and an increase in regional emissions that would exceed BAAQMD significance thresholds for ozone precursors.The following supplemental mitigation measures were identified to reduce potential air quality impacts: Supplemental Mitigation Measure AQ 1:In addition to the measures identified in MM 3.11/1.0 of the East Dublin EIR,the City of Dublin shall: 511 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 30 a) Require construction contractors to water or cover stockpiles of debris,soil,sand or other materials that can be blown by the wind. b) Require construction contractors to sweep daily preferably with water sweepers) all paved access road,parking areas,and staging areas at construction sites. c) Require construction contractors to install sandbags or other erosion control measures to prevent silt runoff to public roadways. Supplemental Mitigation Measure AQ 2:In addition to the measures identified in MM 3.11/5.0 11.0 of the East Dublin EIR,the City of Dublin shall require that the following be implemented: a) The Project proponent should coordinate with LAVTA for the eventual extension of transit service to the Project site.The Project proponent should construct or reserve necessary right of way for transit facilities such as bus turnouts/bus bulbs, benches,etc. b) Provide bicycle land and/or paths,connected to community wide network. c) Provide sidewalks and/or paths,connected to adjacent land uses,transit stops, and/or community wide network. d) Consider shuttle service to regional transit system or multimodal center. e) Consider providing a satellite telecommute center for Project residents if this is feasible in terms of a convenient location. f) Provide interconnected street network,with a regular grid or similar interconnected street pattern. With implementation of Supplemental Mitigation Measure AQ 1,impacts related to fugitive dust were determined to be less than significant;however,even with implementation of the mitigation measures in the Eastern Dublin EIR and Supplemental Mitigation Measure AQ 2,ozone air quality impacts were determined to remain significant and unavoidable. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to air quality would result from the Wallis Ranch/Trumark project. 512 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 31 Project Impacts and Mitigation Measures a)Consistency with air quality plans No New Impact.The applicable air quality plan is the BAAQMD 2017 Clean Air Plan Clean Air Plan),which was adopted on April 19,2017.The Clean Air Plan is a comprehensive plan to improve Bay Area air quality and protect public health.The Clean Air Plan defines control strategies to reduce emissions and ambient concentrations of air pollutants;safeguard public health by reducing exposure to air pollutants that pose the greatest health risk,with an emphasis on protecting the communities most heavily affected by air pollution;and reduce greenhouse gas GHG)emissions to protect the climate.Consistency with the Clean Air Plan can be determined if the project:1)supports the goals of the Clean Air Plan;2)includes applicable control measures from the Clean Air Plan;and 3)would not disrupt or hinder implementation of any control measures from the Clean Air Plan. Clean Air Plan Goals.The primary goals of the Bay Area Clean Air Plan are to attain air quality standards;reduce population exposure and protect public health in the Bay Area;and reduce GHG emissions and protect climate. The BAAQMD has established significance thresholds for project construction and operational impacts at a level at which the cumulative impact of exceeding these thresholds would have an adverse impact on the region’s attainment of air quality standards.The health and hazards thresholds were established to help protect public health.As discussed below,with implementation of the mitigation measures identified in the prior environmental documents, the proposed project would result in less than significant construction and operation period emissions.Therefore,the project would not conflict with the Clean Air Plan goals. Clean Air Plan Control Measures.The control strategies of the Clean Air Plan include measures in the following categories:Stationary Source Measures,Transportation Measures,Energy Measures,Building Measures,Agriculture Measures,Natural and Working Lands Measures, Waste Management Measures,Water Measures,and Super GHG Pollutants Measures.The project would result in the construction of a community park to serve the adjacent residential neighborhood.Therefore,the Stationary Source,Energy Control,Building Control,Agricultural Control,Natural and Working Lands Control,Water Control,and Super GHG Control Measures are not applicable to the proposed project. The BAAQMD identifies Transportation Control Measures as part of the Clean Air Plan to decrease emissions of criteria pollutants,toxic air contaminants TACs),and GHGs by reducing demand for motor vehicle travel,promoting efficient vehicles and transit service,decarbonizing transportation fuels,and electrifying motor vehicles and equipment.The proposed project would result in the development of a new community park to serve the Wallis Ranch neighborhood.The proposed project would provide recreation and gathering space for this community.The proposed project is not expected to result in a significant increase in the 513 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 32 generation of vehicle trips or vehicle miles traveled VMT).In addition,the project site is located within walking or bicycling distance from the surrounding residential area,and therefore would support the ability of visitors to use alternative modes of transportation.As such,the project would promote BAAQMD initiatives to reduce vehicle trips and VMT and would increase the use of alternate means of transportation. Furthermore,the proposed project would comply with local requirements for waste management e.g.,recycling and composting services),as applicable,and would therefore be consistent with the Waste Management Control Measures,which focus on reducing or capturing methane emissions from landfills and composting facilities,diverting organic materials away from landfills,and increasing waste diversion rates through efforts to reduce, reuse,and recycle. Clean Air Plan Implementation.As discussed above,the proposed project would generally implement the applicable measures outlined in the Clean Air Plan,including Transportation Control Measures.Therefore,the proposed project would not create new impacts or substantially more severe significant impacts related to clean air plan consistency than impacts analyzed in the prior environmental documents.No additional analysis is required. b)Project emissions No New Impact.The following analysis assesses the potential construction and operation related air quality impacts and CO impacts of the proposed project. Construction Emissions.During construction activities,short term degradation of air quality may occur due to the release of particulate matter emissions i.e.,fugitive dust)generated by grading,clearing,and other activities.Emissions from construction equipment are also anticipated and would include CO,NOx,ROG,directly emitted particulate matter PM2.5 and PM10),and toxic air contaminants TACs),such as diesel exhaust particulate matter. Construction of the proposed project would include site clearing,slope stabilization,and rough grading,utilities and general site work,and final site preparation and paving.Construction related effects on air quality are typically the greatest during the site preparation phase due to the disturbance of soils.If not properly controlled,these activities would temporarily generate particulate emissions.Sources of fugitive dust would include disturbed soils at the construction site.Unless properly controlled,vehicles leaving the site would deposit dirt and mud on local streets,which could be an additional source of airborne dust after it dries.Fugitive dust emissions PM10)would vary from day to day,depending on the nature and magnitude of construction activity and local weather conditions.PM10 emissions would depend on soil moisture,silt content of soil,wind speed,and the amount of operating equipment.Larger dust particles would settle near the source,while fine particles would be dispersed over greater distances from the construction site.Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more.Implementation of mitigation measures 514 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 33 MM 3.11/1.0 identified in the Eastern Dublin EIR and Supplemental Mitigation Measure AIR 1 identified in the Dublin Ranch West SEIR would reduce fugitive dust emissions from construction activities to a less than significant level. In addition to dust related PM10 emissions,heavy trucks and construction equipment powered by gasoline and diesel engines would generate CO,SO2,NOx,VOCs and some soot particulate PM2.5 and PM10)in exhaust emissions.If construction activities were to increase traffic congestion in the area,CO and other emissions from traffic would increase slightly while those vehicles idle in traffic.These emissions would be temporary in nature and limited to the immediate area surrounding the construction site. The BAAQMD has developed screening criteria to provide lead agencies with a conservative indication of whether a proposed project would result in potentially significant air quality impacts.If all of the screening criteria are met by a proposed project,then the lead agency would not need to perform a detailed air quality assessment of the proposed project’s emissions.These screening levels are generally representative without any form of mitigation measures taken into consideration.In addition,the screening criteria do not account for project design features,attributes,or local development requirements that could also result in lower emissions. For park land uses,the BAAQMD screening size for construction criteria pollutants is 67 acres. Since the total project site is approximately 9 acres,based on the BAAQMD’s screening criteria, construction activities associated with the proposed project are not anticipated to exceed established thresholds and this impact would be less than significant. Operation Emissions.Long term air pollutant emission impacts are those associated with mobile sources e.g.,vehicle trips),energy sources e.g.,electricity and natural gas),and area sources e.g.,architectural coatings and the use of landscape maintenance equipment)related to the proposed project. As discussed above,the BAAQMD has developed screening criteria to determine whether a project requires an analysis of project generated criteria air pollutants.If all the screening criteria are met by a proposed project,then the lead agency does not need to perform a detailed air quality assessment. For park land uses,the BAAQMD screening size for operational criteria pollutants is 2,613 acres. Since the total project site is approximately 9 acres,based on the BAAQMD’s screening criteria, the potential increase in intensity of use on the site is not anticipated to exceed established thresholds.Therefore,the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in nonattainment under an applicable federal or State ambient air quality standard. 515 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 34 With adherence to MM 3.11/1.0 identified in the Eastern Dublin EIR and Supplemental Mitigation Measure AIR 1 identified in the Dublin Ranch West SEIR,there would be no new or substantially more severe significant impacts related to project emissions beyond what has been analyzed in the prior environmental documents.No additional analysis is required. c)Expose sensitive receptors to pollutant concentrations No New Impact.Sensitive receptors are defined as residential uses,schools,daycare centers, nursing homes,and medical centers.Individuals particularly vulnerable to diesel particulate matter are children,whose lung tissue is still developing,and the elderly,who may have serious health problems that can be aggravated by exposure to diesel particulate matter.Exposure from diesel exhaust associated with construction activity contributes to both cancer and chronic non cancer health risks. Surrounding land uses include residential development to the north,undeveloped open space to the west and south,and Tassajara Road,residential development,and Quarry Lane School to the east.The closest sensitive receptors to the proposed project include the single family residences associated with the Wallis Ranch community located immediately north of the project site and single family residences and Quarry Lane School to the east. Construction of the proposed project may expose surrounding sensitive receptors to airborne particulates,as well as a small quantity of construction equipment pollutants i.e.,usually diesel fueled vehicles and equipment).However,construction contractors would be required to implement MM 3.11/1.0 through MM 3.11/4.0 identified in the Eastern Dublin EIR,as well as Supplemental Mitigation Measure AIR 1 identified in the Dublin Ranch West SEIR described above,to reduce construction related impacts.With implementation of these mitigation measures,project construction pollutant emissions would be below the BAAQMD significance thresholds.Once the project is constructed,the project would not be a source of substantial pollutant emissions.Therefore,sensitive receptors are not expected to be exposed to substantial pollutant concentrations during project construction and operation.No new impacts or substantially more severe significant impacts related to pollutant concentrations would occur.No additional analysis is required. d)Odors No New Impact.During project construction,some odors may be present due to diesel exhaust.However,these odors would be temporary and limited to the construction period.The proposed project would not include any activities or operations that would generate objectionable odors and once operational,the project would not be a source of odors. Therefore,the proposed project would not result in other emissions such as those leading to odors)adversely affecting a substantial number of people.No new impacts or substantially more severe significant impacts related to odors would occur.No additional analysis is required. 516 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 35 Source(s) BAAQMD.2017.Final 2017 Clean Air Plan.April 19.Website: www.baaqmd.gov/~/media/files/planning and research/plans/2017 clean air plan/attachment a_proposed final cap vol 1 pdf.pdf?la=en accessed June 27,2021). Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 517 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 36 Biological Resources ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 4.BIOLOGICAL RESOURCES.Would the project: a. Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate,sensitive,or special status species in local or regional plans,policies,or regulations,or by the California Department of Fish and Wildlife or U.S.Fish and Wildlife Service? X b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans,policies,regulations,or by the California Department of Fish and Wildlife or U.S.Fish and Wildlife Service? X c. Have a substantial adverse effect on state or federally protected wetlands including,but not limited to,marsh, vernal pool,coastal,etc.)through direct removal,filling, hydrological interruption,or other means? X d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e. Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or ordinance? X f. Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan, or other approved local,regional,or state habitat conservation plan? X Environmental Setting The project site consists of approximately 9 acres of vacant land in Eastern Dublin.Tassajara Creek bisects the site.As outlined in the Project Description,a conservation easement has been established on both sides of the creek to protect its value for open space,storm drainage facilities,and water quality treatment.No park improvements would be constructed within the riparian corridor in compliance with the conservation easement. 518 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 37 Regulatory Framework Federal and State Regulations Federal and State Special Status Species Special status species are individual plant and animal species that are protected under federal and State Endangered Species Acts.These species are classified as rare,threatened,or endangered.The United States Fish and Wildlife Service USFWS)and the California Department of Fish and Wildlife CDFW)have adopted a system to conserve and protect plant and animal species that are limited in distribution as well as species that have a low or declining population.If a proposed project or activities associated with a proposed project result in the take”of a threatened or endangered species,the necessary permits must be obtained from the USFWS and CDFW.The State of California defines take as any action or attempt to hunt, pursue,catch,capture,or kill”a listed species.Additionally,the Federal Endangered Species Act includes the harm”of a listed species in the definition of take. Section 15380(b)of the State CEQA Guidelines also considers all potential rare or sensitive species and habitats that are capable of supporting such species in addition to those species listed under the federal and state Endangered Species Acts.These additional species considered under CEQA may include California plant species of concern as listed by the California Native Plant Society as well as Species of Special Concern”listed by CDFW. Sensitive Habitats Wetland and riparian habitats are considered to be sensitive habitats,and are protected under various Federal,State,and local regulations.These habitats are generally subject to regulation, protection,or consideration by the U.S.Army Corps of Engineers USACE),Regional Water Quality Control Board RWQCB),CDFW,and/or the USFWS as per Sections 303,304,and 404 of the Federal Clean Water Act and the State of California Porter Cologne Water Quality Control Act.Wetland and riparian habitats are also subject to the National Pollutant Discharge Elimination System NPDES)permit program under Section 402 of the Clean Water Act,which regulates discharge into waters of the United States. Federal Migratory Bird Treaty Act Under the federal Migratory Bird Treaty Act MBTA),the killing,possessing,or trading of migratory birds is prohibited unless exempt by regulations prescribed by the Secretary of the Interior.The MBTA prohibits the possession of protected bird species and their nests, regardless of whether nests are active.2 2 An active nest is defined as having eggs or young. 519 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 38 Birds of prey,such as owls and hawks,are protected in California under provisions of the State Fish and Game Code.The code states that it is unlawful to take,possess,or destroy any birds in the order Falconiformes or Strigiformes birds of prey)or to take,possess,or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.”Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings,or otherwise lead to nest abandonment.Disturbance that causes nest abandonment and/or loss of reproductive effort is considered taking”by the CDFW. California Department of Fish and Game Code 3503 California Department of Fish and Game Code 3503 stipulates that is unlawful to take,posses, or needlessly destroy the nest or eggs of any bird,except as otherwise provided by this code or any regulation made pursuant thereto. Regional and Local Regulations East Alameda Conservation Strategy The project site is located in the East Alameda Conservation Strategy Conservation Strategy) Study Area.The Conservation Strategy is intended to provide an effective framework to protect,enhance,and restore natural resources in eastern Alameda County,while improving and streamlining the environmental permitting process for impacts resulting from infrastructure and development projects.The City of Dublin is a partner in the Conservation Strategy and uses the document to provide a baseline inventory of biological resources and conservation priorities during project level planning and environmental permitting. City of Dublin General Plan Section 3.2 of the General Plan outlines policies for preservation of open space areas to protect natural resources,as well as public health and safety.Sections 7.2 and 7.4 of the General Plan outlines policies and programs related to stream corridors and riparian vegetation,and oak woodlands,respectively.The following policies related to biological resources are applicable to the proposed project: Guiding Policy 3.2.1.A.1.Preservation of oak woodlands,riparian vegetation,and natural creeks as open space for the natural resource value is of the highest importance. Limited modifications may be permitted on a case by case basis with adequate mitigation to replace disturbed resources. Guiding Policy 3.2.1.A.2.Generally,maintain slopes over thirty percent as permanent open space for public health and safety.Consider development in areas with slopes over 30 percent only if the area to be developed is:1)less than three acres in size;2)less 520 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 39 than 20 percent of a large developable area;and,3)surrounded by slopes less than 30 percent. Implementing Policy 3.2.1.B.2.Encourage an efficient and higher intensity use of the flat and gently sloping portions of the planning area as a means of minimizing grading requirements and potential impacts to environmental and aesthetic resources. Guiding Policy 7.2.1.A.1.Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource. Guiding Policy 7.2.1.A.2.Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary,while respecting the privacy of owners of property abutting stream corridors. Implementing Policy 7.2.1.B.1.Enforce Watercourse Ordinance 52 87 for developed areas of the city. Implementing Policy 7.2.1.B.2.Require open stream corridors of adequate width to protect all riparian vegetation,improve access,and prevent flooding caused by blockage of streams. Implementing Policy 7.2.1.B.3.Require revegetation of creek banks with species characteristic of local riparian vegetation,where construction requires creekbank alteration. Guiding Policy 7.4.1.A.1.Protect oak woodlands. Implementing Policy 7.4.1.B.1.Require preservation of oak woodlands.Where woodlands occupy slopes that otherwise could be graded and developed,permit allowable density to be transferred to another part of the site.Removal of an individual oak tree may be considered through the project review process. Implementing Policy 7.4.1.B.2.Enact and enforce the Heritage Tree Ordinance. Eastern Dublin Specific Plan Chapter 6.3 of the Eastern Dublin Specific Plan outlines the goals and policies to protect natural resources,including habitat areas and drainage ways,ridgelands and slopes over 30 percent and views.According to Section 6.3.1 of the Eastern Dublin Specific Plan,watercourses are to be preserved in open space corridors,and enhancement and stabilization will enhance the streams’natural functions.The Eastern Dublin Specific Plan includes the following policies to address protection and preservation of stream corridors and wetlands: 521 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 40 Policy 6 9:Natural stream corridors,ponds,springs,seeps,and wetland areas,as shown in Figure 6.2,shall be preserved wherever possible.Prior to submittal of development applications,the appropriate agencies such as the California Department of Fish and Game and the Army Corps of Engineers must be consulted to determine whether they have jurisdiction over the watercourse or wetland area. Policy 6 10:Riparian and wetland areas shall be incorporated into greenbelt and open space areas as a means of preserving their hydrologic and habitat value.Unavoidable loss of riparian habitat due to development should be replaced with similar habitat on a 3:1 in kind basis.Loss of wetlands must be mitigated consistent with the COE's current policy. Policy 6 12:Maintain natural open stream channels to carry storm runoff wherever feasible,rather than replacing with underground storm drainage systems.When extra capacity is necessary,retention basins are preferable to channelization,if the channelization would disturb riparian habitat.When channelization is necessary,the channel should be designed and constructed to accommodate both the projected flows and the growth of riparian vegetation,and to have more natural appearing contours. Flood control maintenance practices will be designed and performed to be responsive to public safety while preserving the unique riparian community.Maintenance agreements memoranda of understanding)between the City and responsible agencies will address, but not be limited to,site access,criteria for determining the need for maintenance i.e. assessment and monitoring),and the timing and frequency of actual maintenance practices. Policy 6 13:Establish a stream corridor system see Figure 6.1),which provides multipurpose open space corridors capable of accommodating wildlife all pedestrian circulation.In order to facilitate the use of these corridors by both humans and wildlife, human activities e.g.,trails)should be limited to one side of the stream. Policy 6 14:Enhance public enjoyment and visibility of stream corridors by avoiding,or minimizing,development that backs directly onto the stream corridor,and ensure safe public access to stream corridors by providing frequent access points within each development area. As described in Section 6.3.2 of the Eastern Dublin Specific Plan,Eastern Dublin contains a range of vegetation/habitat types,including non native grasslands,alkali grasslands,northern riparian forest,arroyo willow riparian woodland,freshwater marsh,springs,seeps and water impoundments,and disturbed/developed areas.The Eastern Dublin Specific Plan includes the following policies to address protection and preservation of biological resources: 522 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 41 Policy 6 15:Avoid development and potentially destructive activities in areas with high value habitat including:northern riparian forest,arroyo willow riparian woodland, freshwater marsh.Exceptions may only be granted where an owner's reasonable beneficial use of the land cannot be otherwise provided. Policy 6 16:To ensure long term protection,high value habitat areas either should be dedicated as public open space or restricted from potentially harmful development and activities with deed restrictions and design standards. Policy 6 17:Impacts to sensitive wildlife species that occur in the planning area will be avoided wherever possible.Mitigation programs will be required as necessary to reduce or eliminate impacts on special status species. Policy 6 18:Development in the planning area will be designed to maintain contiguous areas of natural open space interconnected by functional wildlife corridors that permit the free movement of wildlife throughout the open space areas.As a means of preserving wildlife corridors,duster development is generally preferable to an even lo low density sprawl over an entire area. Policy 6 21:Direct disturbance or removal of trees or native vegetation cover should be minimized and should be restricted to those areas actually designated for the construction of improvements. Policy 6 22:All areas of disturbance should be revegetated as quickly as possible to prevent erosion.Native trees preferably those species already on site),shrubs,herbs, and grasses should be used for revegetation of areas to remain as natural open space. The introduction of non native plant species should be avoided. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to habitat loss,indirect habitat loss due to vegetation removal for construction and development activities,and loss or degradation of sensitive habitat.The Eastern Dublin EIR also identified potentially significant impacts related to special status wildlife,including San Joaquin kit fox,California red legged frog CRLF),California tiger salamander CTS),western pond turtle,tri colored blackbird,Golden eagle,burrowing owl,American badger,special status invertebrates and others.Mitigation measures were identified to reduce significant impacts.One significant unavoidable impact was identified related to the cumulative loss of or degradation of botanically sensitive habitat.The following mitigation measures would apply to the proposed project: 523 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 42 MM 3.7/1.0 Direct disturbance or removal of trees or native vegetation cover should be minimized and be restricted to those areas actually designated for the construction of improvements. MM 3.7/5.0 All areas of disturbance should be revegetated as quickly as possible to prevent erosion.Native trees preferably those species already on site),shrubs,herbs, and grasses should be used for revegetation of areas to remains as natural open space. The introduction of non native plant species should be avoided. MM 3.7/14.0 The City should enact and enforce an erosion and sedimentation control ordinance establishing performance standards to ensure maintenance of water quality and protection of stream channels.The ordinance should regulate grading and development activities adjacent to streams and wetland areas,and require revegetation of all ground disturbance immediately after construction to reduce erosion potential. Until such an ordinance is in place,the City shall require project applicants to provide a detailed erosion and sedimentation control plan as part of the project submittal. MM 3.7/16.0 Existing sensitive habitats shall be avoided and protected where feasible. MM 3.7/17.0 Construction near drainages shall take place during the dry season. MM 3.7/19.0 The use of rodenticides and herbicides within the Project area should be restricted to avoid impacts on wildlife.The City shall require any poisoning programs to be done in cooperation with and under supervision of the Alameda County Department of Agriculture. MM 3.7/20.0 The City shall require development applicants to conduct a pre construction survey within 60 days prior to habitat modification clearing construction and road site,etc.)to verify the presence of sensitive species,especially the San Joaquin kit fox,nesting raptors,the red legged frog,the western pond turtle,the California tiger salamander,the tri colored blackbird and other species of concern. MM 3.7/22.0 Maintain a minimum buffer at least 100 feet)around breeding sites of the red legged frog,California tiger salamander and the Western pond turtle identify by MM 3.7/20.0. MM 3.7/27.0 Maintain a minimum buffer at least 300 feet)around known or those identified by pre construction surveys MM 3.7/20.0)nesting sites of the burrowing owl and breeding sites of the American badger during the breeding season to avoid direct loss of individuals March September). 524 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 43 Dublin Ranch West SEIR The Dublin Ranch West SEIR determined that implementation of the Dublin Ranch West project would result in potentially significant supplemental impacts to California tiger salamander, California red legged frog,breeding birds,bat species,burrowing owl,special status plants, riparian vegetation,and temporary loss of aquatic habitat.Supplemental mitigation measures were identified to reduce these impacts to a less than significant level.The following supplemental mitigation measures are applicable to the proposed project site: Supplemental Mitigation Measure BIO 1:A CTS management plan shall be developed by the Project proponents,and approved by the CDFW and the USFWS,prior to construction activities.This measure shall also apply to construction of recreational trails in preserved areas.The Plan will detail how CTS will be managed before and during construction activities and will include the following: a) Installation of a temporary herpetological fence prior to any ground disturbance around the entire development footprint,which shall prevent CTS from entering the construction site and shall remain until the permanent fence or barrier is installed or the current one way barrier is extended and approved for use by the USFWS.A maintenance schedule shall be included for this fencing. b) A trapping and relocation plan that details how aestivating CTS individuals will be adequately relocated from the development footprint and into permanently preserved suitable aestivation habitat. Supplemental Mitigation Measure BIO 2:A permanent herpetological fence or barrier shall be installed around the entire development footprint following construction activities to prevent movement of CTS into the development area.Such fencing shall be designed to allow for movement of larger terrestrial wildlife species,but shall preclude CTS from climbing the fence.With USFWS approval,the one way barrier currently in place may be extended to meet this mitigation requirement. Supplemental Mitigation Measure BIO 6:A qualified biologist as identified by the City) shall monitor construction activities to ensure protective measures are implemented and maintained i.e.,fencing is maintained,preserved areas are not disturbed,etc.).The biological monitor shall have the authority to suspend any and all construction activities if protective measures are not property followed and/or if activities pose an immediate threat to preserve sensitive resources.The biological monitor shall also have the authority to contact CDFW and/or the USFWS to report any mortality of listed species during construction.This measure shall also apply to construction of recreational trails in the preserved areas. 525 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 44 Supplemental Mitigation Measure BIO 7:All project construction employees shall receive an educational training program that includes information on sensitive species identification and their potential habitat,approved mitigation measures for the project and actions employees should take if a sensitive species is encountered.This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure BIO 9:The following construction related CRLF avoidance and protection measures shall be followed for development activities within the Project area: b) Prior to grading activities or any ground disturbance within upland habitats,and following installation of protective temporary construction fencing,a qualified biologist with appropriate authorization to handle CRLF shall conduct pre construction surveys.If CRLF are found within the construction areas,they shall be immediately moved to undisturbed,preserved portions of Tassajara Creek if authorized in a biological opinion issued by the USFWS for the Project.This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure BIO 10:Grading activities should take place during the dry season as is practicable)since CRLF will be less likely to be present in upland areas during dry months of the year. Supplemental Mitigation Measure BIO 11:Prior to any tree removal or ground disturbance,a qualified biologist approved by the City)shall conduct breeding bird surveys through the Dublin Ranch West area and mark an appropriate buffer around any nests discovered.Buffers shall be a minimum of 250 feet for raptors although sensitive raptors such as golden eagle may require a larger buffer),and between 50 and 100 feet for passerines depending on habitat type 50 feet in dense vegetation,100 feet in open areas).Pre construction surveys shall take place throughout the development portion of Project area,including surveys for grassland birds and birds likely to nest along the Tassajara Creek corridor.Nesting status shall be monitored by a qualified biologist to determine when nests are no longer active.All activities shall be prohibited within the buffer until after young have fledged and moved out of the nest.This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure BIO 12:Vegetation and tree removal shall take place as much as practicable)outside of the breeding season for most birds February August is a broad breeding period that covers most species).This measure shall also apply to construction of recreational trails in preserved areas. 526 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 45 Supplemental Mitigation Measure BIO 13:Surveys of potential roosting habitat including structures and large trees in the Tassajara Creek bridge crossing areas shall be conducted by a qualified biologist prior to any disturbance of potential roosting sites.If active roosts are discovered,bats would be excluded from those roosting locations by a qualified biologist prior to habitat removal late summer early fall).This measure shall also apply to construction of recreational trails in preserved areas. Supplemental Mitigation Measure BIO 14:The following pre construction survey, avoidance,and/or compensation measures shall be applied for impacts to burrowing owls this measures shall also apply to construction of recreational trails in preserved areas): a) Pre construction surveys for burrowing owls shall be conducted by a qualified biologist prior to any ground disturbance between September 1 and January 31. If ground disturbance is delayed or suspended for more than 30 days after the survey,the site should be re surveyed.If no over wintering birds are present, burrows should be removed prior to the nesting season.If over wintering birds are present no disturbance should occur within 150 feet of occupied burrows.If owls must be moved away from the disturbance area during this period,passive relocation measures must be prepared according to current CDFW burrowing owl guidelines,approved by CDFW and completed prior to construction. b) If construction is scheduled during the nesting season February 1 September 1),pre construction surveys shall be conducted in the entire Dublin Ranch West area within 30 days prior to construction and within 250 feet of the Dublin Ranch West area prior to any ground disturbance.A minimum buffer at least 250 feet) shall be maintained during the breeding season around active burrowing owl nesting sites identified in pre construction surveys to avoid direct loss of individuals. c) If destruction of occupied breeding or non breeding season)burrows,or any burrow that were found to be occupied during pre construction surveys,is unavoidable,a strategy will be developed to replace such burrows by enhancing existing burrows or creating artificial burrows at a 2:1 ratio on permanently protected lands adjacent to occupied burrowing owl habitat,and will include permanent protection of a minimum of 6.5 acres of burrowing owl habitat per pair or unpaired resident owl.A plan shall be developed and approved by CDFW describing creation or enhancement of burrows,maintenance of burrows and management of foraging habitat,monitoring procedures and significance criteria,funding assurance,annual reporting requirements to CDFW,and contingency and remediation measures. 527 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 46 Supplemental Mitigation Measure BIO 15:One acre of new occupied habitat for Congdonn’s tarplant shall be provided for every one acre of existing Congdon’s tarplant habitat within suitable,on site preserved habitat such as the TCMZ).The project applicant shall develop and implement a detailed Mitigation and Monitoring plan to fully compensate for impacts to Congdon’s tarplant.The plan shall include the mitigation design,methods of salvage of existing seed,maintenance methods including weed management),monitoring procedures and performance criteria,reporting requirements,and a contingency measure to preserve existing off site occupied Congdon’t tarplant habitat at an equal amount to lost habitat in case of mitigation failure. The project proponent shall provide a secure funding source such as a performance bond)for the implementation of the mitigation plan and long term maintenance and monitoring of the mitigation area.The created mitigation area must be preserved in perpetuity such as through a permanent conservation easement).The Mitigation and Monitoring Plan must be approved by the City prior to issuance of grading permits for the project.Mitigation shall require a minimum of five years of monitoring and annual monitoring reports shall be provided to the City. Supplemental Mitigation Measure BIO 17:A Tree Removal and Preservation Plan that addresses all trees with a dripline that fall within any areas proposed for grading, including trees on the adjacent TCMZ shall be prepared by a qualified arborist or forester.The Plan shall provide detailed recommendations regarding tree removal and preservation methods,including protective fencing around the dripline of preserve trees,and shall be submitted to the City for review and acceptance prior to issuance of any project grading permits.Trees to be removed or protected shall be accurately and clearly delineated on all project grading plans,including a delineation of the dripline for preserved trees. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to air quality would result from the Wallis Ranch/Trumark project with implementation of the mitigation measures identified in the Eastern Dublin EIR and the Dublin Ranch West SEIR. Project Impacts and Mitigation Measures a)Substantial adverse effect on candidate,sensitive,or special status species No New Impact.The Eastern Dublin EIR and Dublin Ranch West SEIR document the presence of special status plant and wildlife species within the project vicinity and within the Tassajara Creek riparian corridor,which bisects the site.No park improvements would be constructed within the riparian corridor in compliance with the conservation easement. 528 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 47 The proposed park would be developed on three parcels that were designated for park use and evaluated for park development in the Eastern Dublin EIR and the Dublin Ranch West SEIR. Impacts associated with habitat loss and degradation of sensitive habitat have already been mitigated as part of development project approvals.As described above,the project site has been graded;therefore,limited habitat for special status species currently exists on the project site.However,if present during construction activities,special status species could be impacted by ground disturbance,vegetation removal,and other project construction activities.Mitigation measures are included in the Eastern Dublin EIR and Dublin Ranch West SEIR to reduce impacts to special status species to a less than significant level.With adherence to the mitigation measures identified in the Eastern Dublin EIR and Dublin Ranch West SEIR,no new or substantially more severe impacts with respect to candidate,sensitive,or special status species would occur than have been analyzed in the prior environmental documents.No additional analysis is required. b)Substantial adverse effect on any riparian habitat or other natural community No New Impact.As described above,the Tassajara Creek riparian corridor bisects the site.No park improvements would be constructed within the riparian corridor in compliance with the conservation easement.Therefore,no new impacts or substantially more severe significant impacts related to riparian habitat would occur.No additional analysis is required. c)Substantial adverse effect on wetlands No New Impact.As described above,the Tassajara Creek riparian corridor bisects the site. According to the Dublin Ranch West SEIR,areas of seasonal and perennial open space,as well as wetland areas vegetated by aquatic plants occur within the creek corridor.No park improvements would be constructed within the riparian corridor in compliance with the conservation easement.No other state or federally protected wetlands have been identified on the project site.Therefore,no new impacts or substantially more severe significant impacts related to wetlands would occur.No additional analysis is required. d)Interfere or impede the movement of migratory fish or wildlife No New Impact.The project site is located in a largely urbanized area,bounded to the north and east by development.However,undeveloped open space occurs to the west and south. The primary wildlife movement corridor at the site is Tassajara Creek and its associated riparian habitat.Proposed improvements at the project,including sports courts,turf areas,dog park, restroom and other recreation facilities,are not expected to significantly impact existing movement of wildlife.Consistent with the mitigation measures identified in the Eastern Dublin EIR and Dublin Ranch West SEIR,the proposed development included the placement of biological barriers around the development area and along the riparian corridor to prevent the migration of some species onto the project site so as to prevent impacts to these species.No potential for bat maternity roosts to be present exists,as the site lacks trees and buildings that would provide roosting habitat for these species.Implementation of the proposed project 529 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 48 would disturb land designated for park use and evaluated for improvement as a park in the prior environmental documents and the types of facilities proposed are consistent with the types of park facilities anticipated for and evaluated as part of prior environmental review. Therefore,the proposed project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native or resident migratory wildlife corridors or impede the use of native wildlife nursery sites.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. e)Conflict with local policies or ordinance include tree preservation No New Impact.Heritage trees and approved street trees are protected under the Dublin Municipal Code,specifically Sections 7.56,Street Trees,and 5.60,Heritage Trees. As defined in the Dublin Municipal Code,approved street trees include: 1. Any tree planted within any street right of way or adjacent easement,which conforms to the approved streetscape master plan; 2. Any existing tree within the right of way or adjacent easement,which conforms to the established species and location in any given area,and which was planted as a required street tree under the provisions of any improvement agreement,or as otherwise approved by the City;or 3. Any tree of the approved species and in an acceptable location,which was or may be planted as a replacement. Heritage trees include any of the following: 1. Any oak,bay,cypress,maple,redwood,buckeye and sycamore tree having a trunk or main stem of twenty four 24)inches or more in diameter measured at four 4)feet six 6)inches above natural grade. 2. A tree required to be preserved as part of an approved development plan,zoning permit,use permit,site development review,or subdivision map; 3. A tree required to be planted as a replacement for an unlawfully removed tree. For private development projects,a permit is required from the City for the removal of any heritage tree and the removal/pruning of any approved street tree.In addition,for any property containing one or more heritage trees,a plan to protect heritage trees must be prepared and submitted to the City prior to the issuance of a demolition,grading,or building permit.Supplemental Mitigation Measure BIO 17 identified in the Dublin Ranch West SEIR 530 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 49 requires preparation of a Tree Removal and Preservation Plan to be approved by the City prior to issuance of a grading permit. Implementation of the proposed project may require limited removal or disturbance of trees; including the removal of approximately 1 to 3 trees at the entry for the proposed parking area.. New trees would be planted as part of the proposed project,which would replace any trees to be removed.Therefore,the proposed project would not conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or ordinance.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. f)Conflict with adopted habitat conservation or natural community conservation plans No New Impact.The project site is not subject to any adopted habitat conservation plan or natural community conservation plan.Therefore,the proposed project would not conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Plan,or other approved local,regional,or State habitat conservation plan.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. Source(s) Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 531 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 50 Cultural Resources ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 5.CULTURAL RESOURCES.Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines section 15064.5? X b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to section 15064.5? X c. Disturb any human remains,including those interred outside of dedicated cemeteries? X Environmental Setting As described in the Dublin Ranch West SEIR,a field survey of the Eastern Dublin area was performed in 1988,which identified three potential prehistoric sites and two historic sites within the Dublin Ranch West project area.The 2014 Addendum identified one historic structure within the Wallis Ranch/Trumark project site.The Antone School Building was to be rehabilitated and incorporated into the Wallis Ranch/Trumark project.The project site is currently vacant;therefore,no historic built resources are present. The Eastern Dublin EIR identified three potential pre historic sites within the Dublin Ranch West project area;however,none of these resources were identified within the Wallis Ranch/Trumark project site,within which the proposed park is located. Regulatory Framework Federal and State Regulations National Register of Historic Places National Register) The National Register lists the historic significance and the eligibility for qualifying for such significance for a building,structure,or other site.Significance eligibility is determined based on the quality and integrity of the resource and its association to American history,architecture, and culture.The resources must also possess one or more of the following characteristics: 1. It is associated with events that have made a significant contribution to the broad pattern of our history;or 2. It is associated with the lives of persons significant to our past;or 532 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 51 3. It embodies the distinctive characteristics of a type,period,or method of construction,or that represent the work of a master,or that possess high artistic values,or that represent a significant and distinguishable entity whose components may lack individual distinction;or 4. It yields,or may be likely to yield,information important in prehistory or history. California Register of Historical Resources California Register) The California Register operates similarly to the National Register with almost the same structure for determining significance eligibility for potential historical resources.Generally,a resource is eligible for historical status under the California Register if it is greater than 50 years old as well as meets one or more of the following criteria: 1. It is associated with events that have made a significant contribution to the broad patterns of local or regional history,or the cultural heritage of California or the United States. 2. It is associated with the lives of persons important to local,California,or national history. 3. It embodies the distinctive characteristics of a type,period,region,or method of construction,or represents the work of a master or important creative individual,or possesses high artistic values. California Historical Landmarks California Historical Landmarks are sites,buildings,features,or events that are of Statewide significance and have anthropological,cultural,military,political,architectural,economic, scientific or technical,religious,experimental,or other value.To be eligible for designation as a California Historic Landmark,a resource must meet at least one of the following criteria: 1. The first,last,only,or most significant of its type in the state or within a large geographic region Northern,Central,or Southern California). 2. Associated with an individual or group having a profound influence on the history of California. 3. A prototype of,or an outstanding example of,a period,style,architectural movement or construction or is one of the more notable works or the best surviving work in a region of a pioneer architect,designer or master builder. California Environmental Quality Act CEQA) Historical resources are recognized as part of the environment under CEQA.The California Register is the authoritative guide to the State’s historical resources and to which properties are considered significant for the purposes of CEQA,including resources listed in or formally 533 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 52 determined eligible for listing in the National Register of Historic Places,as well as some California State Landmarks and Points of Historical Interest.Properties of local significance that have been designed under a local preservation ordinance local landmarks or landmark district) or that have been identified in a local historical resources inventory may be eligible for listing in the California Register and are presumed to be significant resources for the purposes of CEQA unless a preponderance of evidence indicates otherwise.However,a resource does not need to have been identified previously either through listing or survey to be considered significant under CEQA.In addition to assessing whether historical resources potentially impacted by a project are listed or have been identified in a survey process,lead agencies have a responsibility to evaluate them against the California Register criteria prior to making a finding as to a proposed project’s impacts to historical resources. Public Resources Code Section 5097.5 California PRC Section 5097.5(a)mandates that one cannot,knowingly and willfully”excavate, remove,or destroy any historic or prehistoric ruins,burial grounds,archaeological or vertebrate paleontological site,”or any other archaeological,paleontological or historical feature,situated on public lands,except with the express permission of the public agency having jurisdiction over the lands.”PRC Section 5097.5(b)defines public lands as those that are owned by or under the jurisdiction of any state or public authority or agency. Local Regulations City of Dublin General Plan The City of Dublin General Plan establishes the following guiding policy associated with cultural resources that is relevant to the proposed project: Guiding Policy 7.7.1.A.2:Follow State regulations as set forth in Public Resources Code Section 21083.2 regarding discovery of archaeological sites,and Historical Resources,as defined in Section 5020.1 of the Public Resources Code. Eastern Dublin Specific Plan Section 6.3.3 of the Eastern Dublin Specific Plan outlines policies and programs related to cultural resources.The following policies related to cultural resources are applicable to the proposed project: Policy 6 24:The presence and significance of archaeological or historic resources will be determined,and necessary mitigation programs formulated,prior to development approvals for any of the sites identified in the cultural resource survey prepared for this plan. 534 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 53 Policy 6 25:The discovery of historic or prehistoric remains during grading and construction will result in the cessation of such activities until the significance and extent of those remains can be ascertained by a certified archaeologist. Policy 6 26:All properties with historic resources which may be impacted by future development shall be subjected to in depth archival research to determine the significance of the resource prior to any alteration. Policy 6 27:Where the disruption of historic resources is unavoidable,encourage the adaptive re use or restoration of historic structures such as the old school house, several barns,and Victorian residences currently in the area)whenever feasible. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to the disruption or destruction of identified and unidentified prehistoric resources,and disruption or destruction of identified and unidentified historic resources.Mitigation measures were identified to reduce potential impacts to a less than significant level.The following mitigation measures would apply to the proposed project: MM 3.9/1.0 All locations of prehistoric resources will need a program of mechanical and/or hand subsurface testing to determine the presence or absence of midden deposits associated with the surface indictors of aboriginal presence. MM 3.9/2.0 All locations containing either midden components or concentrations of cultural materials located on the surface will be recorded on State of California site survey forms.The borders of any midden deposits or concentrations of cultural materials other than single isolated artifact discoveries)will be staked so that accurate location maps can be produced by professional survey teams. MM 3.9/3.0 If it can be demonstrated that these recorded and mapped locations will be impacted in any manner by future construction or indirectly impacted as a result of increased access to the area,a plan of evaluative testing of each resource will have to be devised in order to prepare responsive mitigation measures.Evaluative testing will consist of the collection and analysis of any surface concentrations of cultural materials, and the hand excavation and analysis of the scientific content of any midden components discovered during present or absence testing. MM 3.9/4.0 The City shall retain the services of a qualified archaeologist to develop a protection program for prehistoric sites which contain either a surface or subsurface 535 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 54 deposit of cultural materials or information which qualify under Appendix K of CEQA as significant”and which are located in areas of the project site where development will significantly alter the current conditions of the prehistoric resource. MM 3.9/5.0 The discovery of historic or prehistoric remains during grading and construction will result in the cessation of such activities until the significant and extent of those remains can be ascertained by a certified archaeologist. MM 3.9/6.0 The City of Dublin will require the following series of actions as part of the application process for development in eastern Dublin:site sensitivity determination;detailed research and field reconnaissance by a certified archaeologist; development of a mitigation plan pursuant to the policies of the Eastern Dublin Specific Plan and current CEQA guidelines. MM 3.9/7.0 All properties with historic resources,which may be impacted by future development shall be subjected to in depth archival research to determine the significance of the resources prior to any alteration. Dublin Ranch West SEIR The Dublin Ranch West SEIR determined that supplemental impacts to cultural resources resulting from the Dublin Ranch West project would be less than significant. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to cultural resources would result from the Wallis Ranch/Trumark project with implementation of the mitigation measures identified in the Eastern Dublin EIR. Project Impacts and Mitigation Measures a)Historic resources No New Impact.For a cultural resource to be considered a historical resource i.e.,eligible for listing in the California Register of Historical Resources),it generally must be 50 years or older. Under CEQA,historical resources can include precontact i.e.,Native American)archaeological deposits,historic period archaeological deposits,historic buildings,and historic districts.CEQA requires agencies considering projects that are subject to discretionary action to consider the potential impacts on cultural resources that may occur from project implementation see CEQA Guidelines Section 15064.5). The project site is currently undeveloped;therefore,no built historic resources are located on the project site.As described in the prior environmental documents,it cannot be entirely be ruled out that archaeological cultural resources could be encountered during construction at 536 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 55 the project site.Should archaeological deposits be encountered during project ground disturbance,a substantial adverse change in the significance of a historical resource would occur from its demolition,destruction,relocation,or alteration such that the significance of the resource would be materially impaired CEQA Guidelines Section 15064.5(b)(1)).If such resources are encountered,implementation of MM 3.9/5.0 and MM 3.9/6.0 identified in the Eastern Dublin EIR would reduce any potential impacts to archaeological and/or Native American resources to a less than significant level.With adherence to MM 3.9/5.0 and MM 3.9/6.0 identified in the Eastern Dublin EIR,there would be no new or substantially more severe significant impacts to historic resources beyond what has been analyzed in the prior environmental documents.No additional analysis is required. b)Archaeological resources No New Impact.Pursuant to CEQA Guidelines Section 15064.5(c)(1),When a project will impact an archaeological site,a lead agency shall first determine whether the site is an historical resource.”Those archaeological sites that do not qualify as historical resources shall be assessed to determine if they qualify as unique archaeological resources”pursuant to California Public Resource Code Section 21083.2.Archaeological deposits identified during project construction if any)shall be treated by the City—in consultation with a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archeology—in accordance with MM 3.9/5.0 and MM 3.9/6.0 identified in the Eastern Dublin EIR.With adherence to MM 3.9/5.0 and MM 3.9/6.0 identified in the Eastern Dublin EIR,there would be no new or substantially more severe significant impacts to archaeological resources beyond what has been analyzed in the prior environmental documents.No additional analysis is required. c)Human remains No New Impact.Based on previous archaeological investigation and analysis,there is a low potential for the disturbance of archaeological cultural resources or human remains.However, if human remains are encountered at the project site,State Health and Safety Code Section 7050.5 and State CEQA Guidelines Section 15064.5(e)(1)state that no further disturbance shall occur to the area of the find until the County Coroner has made a determination of origin and disposition of the human bone pursuant to PRC Section 5097.98.The County Coroner must be notified of the find immediately and shall make a determination within two working days of being notified.If the remains are determined to be Native American,the County Coroner shall notify the NAHC by phone within 24 hours,and the NAHC shall then immediately determine and notify a Most Likely Descendant MLD).With the permission of the landowner or his/her authorized representative,the MLD may inspect the site of the discovery.The MLD shall complete the inspection and make recommendations or preferences for treatment of the remains within 48 hours of being granted access to the site.The MLD’s recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials,preservation of Native American human remains and associated 537 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 56 items in place,relinquishment of Native American human remains and associated items to the descendants for treatment,or any other culturally appropriate treatment. Compliance with Section 7050.5 of the California Health and Safety Code and Public Resources Code Section 5097.98 regarding the treatment of human remains would ensure that potential impacts to human remains would be less than significant.No new or substantially more severe significant impacts to human remains would occur beyond what has been analyzed in the prior environmental documents.No additional analysis is required. Source(s) Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064m Eastern Dublin General Plan Amendment and Specific Plan. December 7. 538 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 57 Energy Project Impacts and Mitigation Measures The topic of the project’s energy use was not analyzed in the Eastern Dublin EIR,the Dublin Ranch West SEIR or the 2014 Addendum.The project’s impacts related to energy use are not required to be analyzed unless they constitute new information of substantial importance that was not known and could not have been known at the time the previous EIR was certified as complete Public Resources Code Section 21166 and the CEQA Guidelines Sections 15162 and 15163).The impact of energy use was known at the time of the certification of the Eastern Dublin EIR,the Dublin Ranch West SEIR and the 2014 Addendum.Under CEQA standards,it is not new information that requires analysis in a supplemental EIR or negative declaration. Therefore,no supplemental environmental analysis of the project’s impacts on these issues is required under CEQA. a b)Wasteful consumption of energy resources,or conflict with local plans for renewable energy As discussed above,no additional environmental analysis is required under CEQA Section 21166. 539 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 58 Geology and Soils ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 6.GEOLOGY AND SOILS.Would the project: a. Directly or indirectly cause potential substantial adverse effects,including the risk of loss,injury,or death involving: i. Rupture of a known earthquake fault,as delineated on the most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? X ii. Strong seismic ground shaking?X iii. Seismic related ground failure,including liquefaction? X iv. Landslides?X b. Result in substantial soil erosion or the loss of topsoil?X c. Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on or off site landslide,lateral spreading,subsidence,liquefaction or collapse? X d. Would the project be located on expansive soil,as defined in Table 18 1 B of the Uniform Building Code 1994), creating substantial direct or indirect risks to life or property? X e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X Environmental Setting The project site is located within the Coast Range Geomorphic Province of Northern California. This province is generally characterized by northwest trending mountain ranges and intervening valleys,which are a reflection of the dominant northwest structural trend of the bedrock in the region. 540 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 59 The Calaveras Fault separates the lowlands of the Dublin Valley from the hill areas to the west. Other active faults in the vicinity of the project site include the San Andreas,Hayward, Calaveras and Greenville faults,which are all considered active faults.The project site is not located within a State designated Alquist Priolo Earthquake Fault Zone. According to the geotechnical report prepared for the Wallis Ranch/Trumark project,alluvial soils are present near Tassajara Creek where the proposed project would be located.Alluvial soils are composed of stiff to very stiff clays with high shrink swell potential. Regulatory Framework Federal and State Regulations Alquist Priolo Earthquake Fault Zoning Act Following the 1971 San Fernando earthquake,the State legislature passed the Alquist Priolo Earthquake Fault Zoning AP)Act,requiring the State Geologist to delineate Earthquake Fault Zones EFZ)along known active faults that have high potential for fault rupture.Active faults are defined as a fault that has surface displacement within the last 11,000 years.The AP Act also regulates developments near known active faults due to hazards associated with surface ruptures.As per the AP Act,development areas in or near the Alquist Priolo Earthquake Fault Zone require evaluation for potential surface ruptures in order to ensure public safety.State regulations prohibit habitable structures from being sited within 50 feet of an active fault. Seismic Hazards Mapping Act The State legislature passed the Seismic Hazards Mapping Act SHMA)to ensure public safety in regards to the effects of strong ground shaking,liquefaction,landslides,and other seismic hazards.Per the SHMA,the California Geological Survey CGS)has established a Statewide mapping program for cities and counties to aid in identifying areas subject to these seismic hazards,which includes the central San Francisco Bay Area. California Building Code The State of California provides a minimum standard for building design and construction standards through Title 24 of the California Code of Regulations CCR),known as the California Building Code CBC).The CBC is updated every three years,and the current 2019 CBC went into effect in January 2020.Generally,the CBC is adopted on a jurisdiction by jurisdiction basis, subject to further modification based on local conditions.The CBC defines the requirements for seismic safety,excavation,and construction activities relating to foundations,retaining walls, and site demolition.It also regulates grading activities such as drainage and erosion control. 541 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 60 California Public Resources Code Section 5097.5 Section 5097.5 of the California Public Resources Code prohibits the excavation,removal, destruction,or tampering with any paleontological resources situated on public lands,except with the express permission of a public agency with jurisdiction over the lands. Local Regulations City of Dublin General Plan Chapter 8.0 of the General Plan outlines policies and programs related to seismic safety,safety and emergency preparedness.The following policies related to geology and soils are applicable to the proposed project: Guiding Policy 8.2.1.A.1.Geologic hazards shall be mitigated or development shall be located away from geologic hazards in order to preserve life,protect property,and reasonably limit the financial risks to the City of Dublin and other public agencies that would result from damage to poorly located public facilities. Implementing Policy 8.2.1.B.1.Structural and Grading Requirements a. All structures shall be designed to the standards delineated in the Dublin Building Code and Dublin’s Grading Ordinance.A design earthquake”shall be established by an engineering geologist for each structure for which ground shaking is a significant design factor. b. Structures intended for human occupancy shall be at least 50 feet from any active fault trace;freestanding garages and storage structures may be as close as 25 feet. These distances may be reduced based on adequate exploration to accurately locate the fault trace. c. Generally,facilities should not be built astride potential rupture zones,although certain low risk facilities may be considered.Critical facilities that must cross a fault, such as oil,gas,and water lines,shall be designed to accommodate the maximum expected offset from fault rupture.Site specific evaluations shall determine the maximum credible offset. Eastern Dublin Specific Plan Section 6.4.1 of the Eastern Dublin Specific Plan outlines policies and programs related to geology,soils and grading.The following policies related to geology and soils are applicable to the proposed project: Policy 6 40:No structure shall be located on slopes of between 20 to 30 percent,where this location is downslope of colluvium or dormant landslides on slopes over 30 percent, 542 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 61 unless detailed feasibility and design level geotechnical investigations indicate that development can be safety undertaken and/or mitigation measures can be implemented which will reduce impacts to a level of insignificance Policy 6 41:No structure shall be located on slopes of 10 30 percent,where underlain by highly expansive soils,areas of unconsolidated fill,or within 100 feet of incised stream channels,unless detailed feasibility and design level geotechnical investigations are undertaken and required engineered design mitigations performed. Policy 6 42:Development is generally not permitted in areas with slopes of 30 percent or greater.Limited grading and repair of landslides will be permitted in areas with slopes of 30 percent or more when: the area involved is less than 3 acres in size;is less than 20percent of a larger developable area;and is surrounded by topography which is predominantly less than 30 percent;and it is necessary to create effective buildable areas or access to areas with slopes predominantly less than 30 percent;and it is necessary to create effective buildable areas or access to areas with slopes predominantly less than 30 percent. Policy 6 43:New development shall be designed to provide effective control of soil erosion as a result of construction activities and the alteration of site drainage characteristics. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related earthquake ground shaking,alteration of landforms,expansive soils,landslide and slope stability,and erosion and sedimentation.With the exception of the primary effects associated with seismic ground shaking,which was determined to be significant and unavoidable,all other impacts related to geology and soils would be reduced to less than significant with implementation of the mitigation measure identified in the Eastern Dublin EIR.The following mitigation measures would apply to the proposed project: MM 3.6/1.0 The primary effects of ground shaking to structures and infrastructures can be reduced to a generally acceptable level below failure/loss of life by using modern seismic design for resistance to lateral forces in construction.Building in accordance with Uniform Building Code and applicable County and City code requirements should reduce the potential for structural failure,major structural damage,and loss of life. However,some structural damage may occur,and it is possible that some 543 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 62 residences/structures and infrastructures will not be safe for occupation/use after a large earthquake. MM 3.6/2.0 In relatively flat areas which can be developed with minimal grading the southern portion of the Project site and along Tassajara and Cottonwood Creeks): Locate improvements off setback from)unstable and potentially unstable landforms such as landslides,colluvium filled swales,creek banks,and steep hill slopes. Remove,stabilize or reconstruct potentially unstable landforms,or Employ modern design,including appropriate foundation design and applicable codes and policies,in the construction of improvements that must be located on potentially unstable landforms or in areas underlain by alluvium with shallow groundwater levels which could be locally susceptible to liquefaction. MM 3.6/4.0 Engineered retention structures and surface and subsurface drainage improvement should be uses as appropriate to improve the stability of sidehill fills and potentially unstable materials,particularly colluvium not entirely removed by grading. MM 3.6/5.0 Seismically induced fill settlement can be substantially reduced if fills are properly designed with keyways and subsurface drainage,and are adequately compacted i.e.,minimum 90 percent relative compaction as defined by the American Society for Testing and Materials ASTM)test method D1557). MM 3.6/6.0 Design roads,structural foundations,and underground utilities to accommodate estimated settlement without failure,especially across transitions between fills and cuts.Potentially unstable stock pond embankments should be removed in development areas,unless they are reconstructed to current earthquake design standards. MM 3.6/7.0 Final design of improvements in the Project site should be made in conjunction with a design level geotechnical investigations and the reports should be submitted to the City of review prior to issuing any permits.These investigations should incorporate stability analysis of both natural slopes that could impact planned improvements,and planned engineered cut and fill)slopes,assuming saturated conditions and earthquake shaking.Significant slopes should achieve a minimum factor of safety against failure of 1.5 for static conditions where 1.0 is failure)and 1.2 under design pseudo static earthquake loading.A displacement analysis should be performed for critical slopes to confirm the effectiveness of mitigation measures. 544 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 63 MM 3.6/14.0 The potential impact of expansive soils and rock with respect to Project improvements can be significantly reduced,or in many cases prevented by the recognition and characterization of site specific conditions,and the formulation of appropriate design level geotechnical investigation conducted for each specific proposed project. MM 3.6/15.0 The potential for shrink and swell of expansive soils and rock can be reduced by controlling moisture and by treatment through measures listed below. Subsurface drainage alone is not generally effective against the effects of regional wet/drought cycles.Required measures for a specific project should be based on the recommendation of the project geotechnical consultant and approved by the City and include: Moisture conditioning prior to construction; Construction of surface and subsurface drainage to control infiltration after construction; Lime treatment,which can be used to produce non expansive fill. MM 3.6/16.0 The potential effects of expansive soil can be reduced by appropriate foundation and pavement design,including those design elements listed below. Adjustable foundation systems are not generally effective against the effects of regional wet/drought cycles and are considered undesirable because the systems require periodic maintenance,and their use should be discouraged.Appropriate design criteria should be developed by the project geotechnical consultant and approved by the City: Founding structural foundations below the zone of seasonal moisture change; Use of structurally supported floors;and Removal and replacement with non expansive fill beneath structure slabs and asphaltic concrete. MM 3.6/27.0 The potential impacts of short term construction related erosion and sedimentation can be reduced by timing grading activities to avoid the rainy season as much as possible,and by implementing one or more of the following interim control measures,which are designed to prevent concentration of runoff,control runoff velocity,and trap silt.Required measures for a specific project will be determined by the City and be a requirement of the grading permit. 545 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 64 Water bars; Mulch and net blankets on exposed slopes; Straw bale dikes; Temporary culverts and swales; Sediment traps;and/or Silt fences. MM 3.6/28.0 The potential impacts of long term erosion and sedimentation can be reduced by the appropriate design,construction,and continued maintenance of surface and subsurface drainage of one or more of the following long term control measures. Required measures for a specific project should be based on the recommendations of the project geotechnical consultants,and approved by the City. Construction of sediment catch basins at strategic locations to prevent off site sedimentation from existing and/or potential onsite sources; Design and construction of storm sewer systems that incorporate the cumulative effects of project buildout Creek bank stabilization and repair of existing gullies; Revegetation and continued maintenance of graded slopes; Construction of drainage ditches or cut and fill slopes and/or natural slopes above developed areas; Closed downspout collection systems for individual structures; Design of cut and fill slopes to minimize,as much as possible,natural low velocity sheet flow runoff;and Periodic homeowner/landowner maintenance. Dublin Ranch West SEIR Geology and soils were addressed in the Initial Study for the SEIR.No potentially significant impacts or mitigation measures were identified. 546 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 65 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to geology and soils would result from the Wallis Ranch/Trumark project with implementation of the mitigation measures identified in the Eastern Dublin EIR. Project Impacts and Mitigation Measures a)Seismic hazards No New Impact.Potential impacts related to seismic hazards are described below. Fault Rupture.The project site is not located within or adjacent to an Alquist Priolo Earthquake Fault Zone.Therefore,the project would have no impact related to fault rupture. Ground Shaking.The project site and the entire San Francisco Bay Area are located in a seismically active region subject to strong seismic ground shaking.Ground shaking is a general term referring to all aspects of motion of the earth’s surface resulting from an earthquake,and is normally the major cause of damage in seismic events.The extent of ground shaking is controlled by the magnitude and intensity of the earthquake,distance from the epicenter,and local geologic conditions.The magnitude of a seismic event is a measure of the energy released by an earthquake;it is assessed by seismographs that measure the amplitude of seismic waves. The intensity of an earthquake is a subjective measure of the perceptible effects of a seismic event at a given point.The Modified Mercalli Intensity MMI)scale is the most commonly used scale to measure the subjective effects of earthquake intensity.It uses values ranging from I to XII. Mapping has been compiled by the Metropolitan Transportation Commission MTC)and Association of Bay Area Governments ABAG)for the likely shaking intensities in the Bay Area that would have a 10 percent chance of occurring in any 50 year period.A large earthquake magnitude 6.7 or greater)on one of the major active faults in the region would generate severe MMI 8)ground shaking at the project site. The most significant adverse impact associated with strong seismic shaking is potential damage to structures and improvements.No habitable structures would be constructed as part of the proposed project;however,implementation of the proposed project would increase the use of the project site and result in the construction of improvements in areas subject to seismic shaking.The risk of ground shaking impacts is reduced through adherence to the design and materials standards set forth in building codes.The City of Dublin has adopted the 2019 CBC Title 24,Part 2 of the California Code of Regulations),which provides for stringent construction requirements on projects in areas of high seismic risk.Consistent with MM 3.6/1.0 and MM 3.6/2.0 identified in the Eastern Dublin EIR,the design and construction for the proposed project would be required to conform with,or exceed,current best standards for earthquake 547 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 66 resistant construction in accordance with the most recent CBC adopted by the City and with the generally accepted standards of geotechnical practice for seismic design in Northern California. With adherence to MM 3.6/1.0 and MM 3.6/2.0 identified in the Eastern Dublin EIR,there would be no new or substantially more severe significant impacts related to ground shaking beyond what has been analyzed in the prior environmental documents.No additional analysis is required. Liquefaction.Liquefaction is the transformation of loose,fine grained sediment to a fluid like state similar to quicksand.This phenomenon occurs due to strong seismic activity,and lessens the soil’s ability to support a structural foundation.The primary factors affecting the possibility of liquefaction in soil are:1)intensity and duration of earthquake shaking;2)soil type and relative density;3)overburden pressures;and 4)depth to groundwater.Soil most susceptible to liquefaction is clean,loose,fine grained sands and non plastic silts that are saturated. The California Geological Survey CGS)has mapped Seismic Hazard Zones that delineate areas susceptible to liquefaction and/or landslides that require proposed new developments in these areas to conduct additional investigation to determine the extent and magnitude of potential ground failure.According to mapping by CGS,the project site is located in an area mapped as a liquefaction hazard zone.The proposed project would be designed and constructed consistent with the most current earthquake resistance standards for Seismic Zone 4 in the CBC,which includes specifications for site preparation,such as compaction requirements for foundations. In addition,implementation of mitigation measures MM 3.6/2.0,MM 3.6/4.0,MM 3.6/5.0,MM 3.6/6.0,and MM 3.6/7.0,identified in the Eastern Dublin EIR and described above would reduce potential impacts associated with these hazards to less than significant. Landslide.The proposed project is located on gently sloping terrain and the potential for landslide is low.The project would not result in any new habitable structures and therefore would not expose people or structures to potential substantial adverse effects from landslides. This impact would be less than significant. With adherence to the mitigation measures identified in the Eastern Dublin EIR,there would be no new or substantially more severe significant impacts related to seismic hazards beyond what has been analyzed in the prior environmental documents.No additional analysis is required. b)Erosion/topsoil loss No New Impact.The potential for soil erosion exists during the period of earthwork activities and between the time when earthwork is completed and new vegetation is established or hardscape is installed.Exposed soils could be entrained in stormwater runoff and transported off the project site.Construction specifications require the preparation of a Stormwater Pollution and Prevention Plan SWPPP)prior to any ground disturbance activities as required by the National Pollutant Discharge Elimination System NPDES)General Permit GP)for Construction Order 2009 009 DWQ).The SWPPP would provide the details of the erosion 548 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 67 control measures to be applied on the project site during the construction period,including Best Management Practices BMPs)for erosion control that are recognized by the RWQCB. Additional details regarding the SWPPP are provided in Section 9,Hydrology and Water Quality. In addition,the proposed project would be required to comply with MM 3.6/27.0 and MM 3.6/28.0,identified in the Eastern Dublin EIR and described above,to reduce short and long term erosion and sedimentation associated with project construction and operation. With adherence to the mitigation measures identified in the Eastern Dublin EIR and compliance with regulatory requirements,there would be no new or substantially more severe significant impacts related to erosion beyond what has been analyzed in the prior environmental documents.No additional analysis is required. c d)Soil stability No New Impact.Expansive soils are characterized by the potential for shrinking and swelling as the moisture content of the soil decreases and increases,respectively.Shrink swell potential is influenced by the amount and type of clay minerals present and can be measured by the percent change of the soil volume.Soils underlying the project site are primarily composed of Clear Lake clay,drained,0 to 2 percent slopes,according to the United States Department of Agriculture USDA)Natural Resources Conservation Service Web Soil Survey.Clear Lake clay is a very deep,poorly drained soil type,with high shrink swell potential. The proposed project would be designed and constructed consistent with the most current earthquake resistance standards for Seismic Zone 4 in the CBC,which includes specifications for site preparation,such as compaction requirements for foundations.Therefore,the project site is not anticipated to become unstable as a result of the proposed project,or potentially result in on or off site landslides,liquefaction,lateral spreading or settlement.In addition, implementation of mitigation measures MM 3.6/2.0,MM 3.6/4.0,MM 3.6/5.0,MM 3.6/6.0, and MM 3.6/7.0,identified in the Eastern Dublin EIR and described above would reduce potential impacts associated with unstable soils to a less than significant level.With adherence to the mitigation measures identified in the Eastern Dublin EIR and compliance with standard City development requirements,there would be no new or substantially more severe significant impacts related to soil stability beyond what has been analyzed in the prior environmental documents.No additional analysis is required. e)Soil capability to support waste water disposal,including septic No New Impact.The proposed project would connect to the existing wastewater conveyance system.On site treatment and disposal of wastewater is not proposed for the project; therefore,the proposed project would have no impacts associated with soils incapable of supporting alternative wastewater disposal systems.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. 549 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 68 f)Paleontological/unique geological resources No New Impact.No paleontological resources or unique geologic features are known to exist within the project site and ground disturbance for the proposed project is not expected to extend deep enough to affect native soils or to impact scientifically important paleontological resources.If such resources are encountered during ground disturbing activities, implementation of MM 3.9/5.0 and MM 3.9/6.0 identified in the Eastern Dublin EIR would reduce any potential impacts to paleontological resources to a less than significant level.With adherence to MM 3.9/5.0 and MM 3.9/6.0 identified in the Eastern Dublin EIR,there would be no new or substantially more severe significant impacts to paleontological resources beyond what has been analyzed in the prior environmental documents.No additional analysis is required. Source(s) California Geological Survey.2019.California Earthquake Hazards Zone Application.Website: maps.conservation.ca.gov/cgs/EQZApp/app/accessed June 26,2021). Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Metropolitan Transportation Commission and Association of Bay Area Governments.2018. Probabilistic Earthquake Shaking Hazard Map.Website: mtc.maps.arcgis.com/apps/webappviewer/index.html?id=4a6f3f1259df42eab29b35dfc d086fc8 accessed June 25,2021). United States Department of Agriculture.Natural Resources Conservation Service.Web Soil Survey.Website:websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx accessed June 27,2021). United States Department of Agriculture Soil Conservation Service.1975.Soil Survey of Alameda County,Western Part.Available online at: www.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/california/CA610/0/alameda.pdf accessed June 27,2021). Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). 550 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 69 Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064m Eastern Dublin General Plan Amendment and Specific Plan. December 7. 551 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 70 Greenhouse Gas Emissions Project Impacts and Mitigation Measures Since the Eastern Dublin EIR and the Dublin Ranch West SEIR were certified before greenhouse gas GHG)emission analysis became a CEQA requirement in 2006,the determination of whether GHG emissions and climate change need to be analyzed for this proposed project is governed by the law on supplemental or subsequent EIRs Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163). The topic of the project’s contribution to GHG emissions was not analyzed in the Eastern Dublin EIR,the Dublin Ranch West SEIR or the 2014 Addendum.However,these impacts are not required to be analyzed unless they constitute new information of substantial importance that was not known and could not have been known at the time the previous EIR was certified as complete Public Resources Code Section 21166 and the CEQA Guidelines Sections 15162 and 15163).The impact of GHG emissions was known at the time of the certification of the Eastern Dublin EIR,the Dublin Ranch West SEIR and the 2014 Addendum.Under CEQA standards,it is not new information that requires analysis in a supplemental EIR or negative declaration. Therefore,no supplemental environmental analysis of the project’s impacts on this issues is required under CEQA. a b)Generate greenhouse gas GHG)emissions or conflict with GHG plans or regulations As discussed above,no additional environmental analysis is required under CEQA Section 21166. 552 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 71 Hazards and Hazardous Materials ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 8.HAZARDS AND HAZARDOUS MATERIALS.Would the project: a. Create a significant hazard to the public or the environment through the routine transport,use,or disposal of hazardous materials? X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within mile of an existing or proposed school? X d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? X e. For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard or excessive noise for people residing or working in the project area? X f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X g. Expose people or structures,either directly or indirectly,to a significant risk of loss,injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Environmental Setting A Phase I Environmental Site Assessment ESA)was prepared for the Wallis Ranch/Trumark project.The Phase I ESA evaluated the potential for past land uses to have impacted the environmental condition of the site through the review of historical information sources e.g., historic aerial photos and maps)and government databases that list hazardous materials release sites and facilities that handle hazardous materials.According to the 2014 Addendum, the Phase ESA did not identify any recognized environmental conditions within the Wallis Ranch/Trumark project area,within which the project site is located. 553 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 72 Regulatory Framework Federal and State Regulations Federal Aviation Administration FAA) Notification to the FAA is required for the construction of any tower or the alteration of an antenna structure that is registered with the Commission’s Antenna Structure Registration ASR)system.Generally,towers that meet certain height and location requirements e.g.,are more than 200 feet above ground level and/or are located within proximity of an airport) require notice with the FAA and ASR system and must register with the Federal Communications Commission FCC).A final determination of no hazard”is required from the FAA prior to any construction or alteration of facilities. California Environmental Protection Agency The California Environmental Protection Agency CalEPA)was formed in 1991 to preserve and protect the environment and to ensure public health and safety in relation to environmental laws and regulations.The CalEPA manages the State’s natural resources in a cohesive,cabinet based system.Additionally,the CalEPA implements the Unified Program,which ensures consistency in the administrative and enforcement actions taken in regards to hazardous waste and materials. Resource Conservation and Recovery Act The Resource Conservation and Recovery Act RCRA)of 1976 authorized the USEPA to control hazardous waste from cradle to grave,”which includes the generation,transportation, treatment,storage,and disposal of hazardous waste.Additionally,RCRA established regulations for managing non hazardous solid wastes.In 1986,amendments to RCRA provided authority to the USEPA to manage environmental problems that could result from underground tanks storing petroleum and other hazardous substances. Comprehensive Environmental Response,Compensation,and Liability Act Commonly known as Superfund,the Comprehensive Environmental Response,Compensation, and Liability Act CERCLA)of 1980 established regulations concerning closed and abandoned hazardous waste sites.Additionally,it provided regulations regarding liability for closed and abandoned hazardous waste sites and established a trust fund for cleanup when no liability is found. California Department of Toxic Substances and Control The California Department of Toxic Substances Control DTSC)is a sub department under the CalEPA and manages the federal hazardous waste program within the State.The department regulates the lifecycle of hazardous waste and sets goals for reducing hazardous waste 554 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 73 production.The program follows federal and State law to ensure hazardous waste managers correctly handle,store,transport,dispose,reduce,and clean waste,and are equipped in the event of an emergency. Government Code Section 65962.5 CalEPA is required by Section 65962.5 of the Government Code to develop and update a list of hazardous waste and substances sites,known as the Cortese List.The SWRCB and DTSC identify hazardous substance release sites included on the Cortese List,which is used by State and local agencies to ensure CEQA compliance. California Building Code The State of California provides a minimum standard for building design construction standards through Title 24 of the California Code of Regulations CCR)through the CBC,which is located in Part 2 of Title 24.The CBC is updated every three years,and the current 2019 CBC went into effect in January 2020.It is generally adopted on a jurisdiction by jurisdiction basis,subject to further modification based on local conditions.City building officials monitor commercial and residential building plans to ensure compliance with fire safety standards within the CBC. California Fire Code The California Fire Code includes regulations for emergency planning,fire service features,fire protection systems,hazardous materials,fire flow requirements,and fire hydrant locations and distribution.Several fire safety requirements include:installation of sprinklers in all high rise buildings;the establishment of fire resistance standards for fire doors,building materials,and particular types of construction;and the clearance of debris and vegetation within a prescribed distance from occupied structures in wildlife hazard areas.Chapter 5.08 of the City’s Municipal Code adopts the California Fire Code by reference,which is updated every three years. California Emergency Management Agency The California Emergency Management Agency CalEMA)was consolidated as part of the Governor’s Office on January 1,2009,merging the former Governor’s Office of Emergency Services with the existing Governor’s Office of Homeland Security.CalEMA coordinates all State agency response to major disasters to provide support and hazard mitigation efforts for local governments.The agency also ensures the State has the appropriate resources and plans in order to respond in the event of all natural and human induced emergencies and disasters. California Department of Forestry and Fire Protection The California Department of Forestry and Fire Protection CALFIRE)maps the predicted threat of fire within all of California.CALFIRE categorizes this threat based on factors including fuel availability,topography,fire history,and climate.These threats are ranked on a threshold from no fire threat,moderate,high,and very high fire threat.The 2012 Strategic Fire Plan for 555 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 74 California was generated by CALFIRE to provide guidelines and objectives in order to account for associated fire impacts.The Strategic Plan was recently updated in January 2019. California Accidental Release Prevention Program The California Accidental Release Prevention CalARP)Program aims to prevent accidental releases of regulated hazardous materials that represent a potential hazard beyond property boundaries.Facilities that are required to participate in the CalARP Program use or store specified quantities of toxic and flammable substances hazardous materials)that can have off site consequences if accidentally released.A Risk Management Plan RMP)is required for such facilities.The intent of the RMP is to provide basic information that may be used by first responders in order to prevent or mitigate damage to the public health and safety and to the environment from a release or threatened release of a hazardous material,and to satisfy federal and state Community Right to Know laws.The Alameda County Department of Environmental Health reviews CalARP risk management plans as the Certified Unified Program Agency CUPA). Regional and Local Regulations San Francisco Bay Regional Water Quality Control Board The Porter Cologne Water Quality Control Act established the State Water Resources Control Board SWRCB)and nine regional water boards including the San Francisco Bay Regional Water Quality Control Board RWQCB).The San Francisco Bay RWQCB oversees the regulation of waterways within the City of Dublin,and can order groundwater investigations and remediation actions in the event that either groundwater or State surface waters are susceptible to threat. City of Dublin General Plan Section 8.3.4 of the General Plan outlines policies and programs related to hazards and hazardous materials.The following policies related to hazardous materials are applicable to the proposed project: Guiding Policy 8.3.4.1.A.1.Maintain and enhance the ability to regulate the use, transport,and storage of hazardous materials and to quickly identify substances and take appropriate action during emergencies. Guiding Policy 8.3.4.1.A.2.Minimize the risk of exposure to hazardous materials from contaminated sites. Implementing Policy 8.3.4.1.B.4.Require site specific hazardous materials studies for new development projects where there is a potential for the presence of hazardous materials from previous uses on the site.If hazardous materials are found,require the clean up of sites to acceptable regulatory standards prior to development. 556 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 75 Eastern Dublin Specific Plan According to Section 11.4.7 of the Eastern Dublin Specific Plan,some former uses of the land e.g.,agriculture,medical services,manufacturing)within Eastern Dublin involved the use of hazardous materials.Remnants of these materials may remain on lands within the Eastern Dublin area.The Eastern Dublin Specific Plan includes the following policy to address potential hazardous materials: Policy 11 1 Prior to issuance of building permits for site specific Phase I and if necessary Phase II)environmental site assessments shall be made available to the Community Development Director,with appropriate documentation that all recommended remediation actions have been completed. City of Dublin Wildfire Management Plan In 1996,the City adopted the City of Dublin Wildfire Management Plan to reduce the risk of open land wildfire while protecting wildlife habitat and other open space values.The Wildfire Management Plan outline responsibilities for the maintenance of open space,funding source for open space maintenance,submittal requirements for review and approval,construction requirements for buildings adjacent to open space or other undeveloped land,emergency access to open space area,and vegetation standards. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR did not identify any impacts related to hazards and hazardous materials. The Eastern Dublin EIR did identify potentially significant impacts related to wildfire and fire hazards.Mitigation measures were identified to reduce potential impacts to a less than significant level.The following mitigation measures would apply to the proposed project: MM 3.5/9.0 Incorporate DRFA recommendations on project design related to access, water pressure,fire safety and prevention into the requirements for development approval.Required that the following DRFA design standards are incorporated where appropriate: Use of non combustible roof materials in all new construction. Available capacity of 1,000 gallons per minute gpm)at 20 pounds per square inch PSI)fire flow from project fire hydrants on public water mains.For groupings of one family and small two family dwellings not exceeding two stories in height,the fire flow requirements are a minimum of 1,000 gpm.Fire flow requirements for all other buildings will be calculated based on building size,type of construction,and location. 557 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 76 A buffer zone along the backs of homes which are contiguous with the wildland are. This buffer zone is to be landscaped with irrigated wet banding)or equivalent fire resistive vegetation. Compliance with DRFA minimum road widths,maximum street slopes,parking recommendations,and secondary access road requirements. Require residential structures outside the DRFA’s established response time and zone to include fire alarm systems and sprinklers. Dublin Ranch West SEIR Hazards and hazardous materials were addressed in the Initial Study for the SEIR.No potentially significant hazardous materials impacts or additional mitigation measures beyond those identified in the Eastern Dublin EIR were identified. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to hazardous materials would result from the Wallis Ranch/Trumark project than were previously analyzed in the prior environmental documents. Project Impacts and Mitigation Measures a)Exposure to hazardous materials No New Impact.The proposed project would result in the construction of a community park. Park land uses typically do not involve transport,use,or disposal of significant quantities of hazardous materials.However,operation of the proposed project could involve the use, handling,and storage of small quantities of commercially available hazardous materials e.g., paint,cleaning supplies,pesticides,and herbicides).However,hazardous materials stored and used at the site would be required to be managed in accordance with applicable local,State, and federal hazardous materials regulations that would reduce risks associated with leakage, explosions,fires,or the escape of harmful gases.Because the proposed project would generate small quantities of hazardous materials similar in nature,type,and volume to the uses anticipated in the Eastern Dublin Specific Plan,Dublin Ranch West project,and the Wallis Ranch/Trumark project,the project would not result in new impacts or substantially more severe significant impact related to the routine use,storage,or disposal of hazardous materials, beyond those analyzed in the prior environmental documents. During project construction,hazardous materials such as fuel,lubricants,paint,sealants,and adhesives would be transported and used at the project site.The proposed project would be required to comply with federal,State,and local regulations regarding the transportation,use, and disposal of hazardous materials,including preparation and implementation of a Storm 558 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 77 Water Pollution Prevention Plan SWPPP)that requires implementation of control measures for hazardous material storage and soil stockpiles,inspections,maintenance,and training,and containment of releases to prevent runoff into existing storm collection systems or waterways. Compliance with existing regulations and implementation of the SWPPP during construction would ensure that potential impacts associated with hazardous material use,transport,and disposal are considered less than significant.Therefore,no new impacts or substantially more severe significant impacts would occur.No additional analysis is required. b)Upset/accident No New Impact.The proposed project would not involve storage or use of hazardous materials except for small quantities for routine maintenance as described above)or generation of significant hazardous wastes.As such,potential significant impacts related to a foreseeable upset would not be expected. During construction,hazardous materials such as fuel,lubricants,paint,sealants,and adhesives would be transported and used at the project site.Management of these materials at the project site would be subject to the requirements of the National Pollutant Discharge Elimination System NPDES)Construction General Permit.Compliance with the Construction General Permit would require preparation and implementation of a Stormwater Pollution Prevention Plan SWPPP)designed to reduce the risk of spills or leaks from the reaching the environment.The SWPPP would also include a Spill Response Plan to address minor spills of hazardous materials.Compliance with SWPPP requirements would ensure that potential significant hazards associated with routine transport,use,or disposal of hazardous materials during and after construction would be less than significant. As previously described,the Phase I ESA prepared for the Wallis Ranch/Trumark project did not identify any recognized environmental conditions within the Wallis Ranch/Trumark project site, within which the project site is located.Compliance with all applicable local,State,and federal regulations and standards pertaining to the release of hazardous materials and risk of upset would ensure that impacts associated with the release of hazardous materials would be less than significant.No new impacts or substantially more severe significant impacts would occur. No additional analysis is required. c)Near school No New Impact.The Quarry Lane High School is located across Tassajara Road from the project site.No other schools are located within 0.25 mile of the project site.As described in Sections 3.8.1.a and 3.8.1.b,the City would be required to comply with all applicable local,State,and federal regulations and standards related to hazardous emissions and materials.Therefore,no new impacts or substantially more severe significant impacts would occur.No additional analysis is required. 559 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 78 d)Hazardous materials list No New Impact.Government Code Section 65962.5 states that the California Department of Toxic Substances shall compile and maintain annually a list of hazardous waste facilities subject to corrective action as part of the Health and Safety Code.This list is commonly referred to as the Cortese List.The project site is not located on the Regional Water Quality Control Board’s Leaking Underground Tank Cleanup Site LUST)or any other Cleanup Program Sites formerly known as spills,leaks,investigations,and cleanups or SLIC).These two components comprise the State Cortese List of known hazardous materials sites compiled pursuant to Government Code Section 65962.5.Therefore,no new impact or substantially more severe significant impact related to being located on a list of hazardous materials site compiled pursuant to Government Code Section 65962.5 would occur.No additional analysis is required. e)Proximity to a public airport No New Impact.The project site is not located within an airport land use plan,or within 2 miles of a public airport or public use airport.The closest airports to the project site are the Livermore Municipal Airport,located approximately 3.6 miles southeast of the project site and the Hayward Executive Airport,located approximately 4.5 miles west.The proposed project would include development of a community park.Proposed improvements would be largely at grade.The proposed project would not increase residential density,would not be an incompatible land use,would not add structures of a height such that it would create a hazard or obstruction,and would not result in the addition of a characteristic that would create a hazard to air navigation.Therefore,the proposed project would not result in new impacts or substantially more severe significant impacts than were analyzed in the prior environmental documents.No additional analysis is required. f)Impair implementation of an emergency response plan or emergency evacuation plan No New Impact.The Tri Valley Local Hazard Mitigation Plan was developed in compliance with State requirements and also meets the requirements of the Federal Emergency Management Agency FEMA)as the City’s local hazard mitigation plan.The Tri Valley Local Hazard Mitigation Plan provides a uniform hazard mitigation strategy for the Tri Valley area,addressing a range of hazards including,but not limited to,earthquakes,floods and wildland fire.The City of Dublin also has an adopted Comprehensive Emergency Management Plan and a Local Hazard Mitigation Plan to assess hazards and mitigate risks prior to a disaster event. The proposed project would construct a community park within an existing residential neighborhood.It is not located along an identified evacuation route,nor would it affect local roadways.The proposed project would not interfere with an adopted emergency response plan or emergency evacuation plan.Because the proposed project would not substantially alter or block the adjacent roadways,the proposed project would not be expected to impair the function of nearby emergency evacuation routes.Therefore,the proposed project would not result in new impacts or substantially more severe significant impacts related to 560 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 79 implementation of an adopted emergency response plan or emergency evacuation plan.No additional analysis is required. g)Expose people or structures to wildland fires No New Impact.A wildland fire is a fire occurring in a suburban or rural area which contains uncultivated land,timber,range,brush,or grasslands.Wildland fires are primarily a concern in areas where there is a mix of developed and undeveloped lands.The project site is located within a moderate Fire Hazard Severity Zone within a State Responsibility Area SRA),as mapped by the California Department of Forestry and Fire Protection CAL FIRE).The proposed project does not involve construction of residential or commercial structures or any other structures for human occupation,and people would use the park for a limited duration of time. As described above,the proposed project would be required to adhere to mitigation measures identified in the Eastern Dublin EIR and the City’s Wildfire Management Plan.With adherence to MM 3.9/9.0 identified in the Eastern Dublin EIR,there would be no new or substantially more severe significant impacts related to wildland fires beyond what has been analyzed in the prior environmental documents.No additional analysis is required. Source(s) CAL FIRE.2020.California Fire Hazard Severity Zone Viewer.Website:egis.fire.ca.gov/FHSZ/ accessed June 25,2021). Dublin,City of.2010.City of Dublin Wildfire Management Plan,Adopted July 9,1996,Revised March 5,2002 and November 2,2010. Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 561 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 80 Hydrology and Water Quality ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 9.HYDROLOGY AND WATER QUALITY.Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? X b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? X c. Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river or through the addition of impervious surfaces,in a manner which would: X i. Result in substantial erosion or siltation on or off site; X ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite; X iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff;or X iv. Impede or redirect flood flows?X d. In flood hazard,tsunami,or seiche zones,risk release of pollutants due to project inundation? X e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? X Environmental Setting The project site is located within the Tassajara Creek watershed,which drains an approximately 23.2 square mile basin east of the San Francisco Bay via the Arroyo Del Valle and Arroyo de La Laguna.Tassajara Creek flows in a north south direction through the project site.The site is located within the jurisdiction of Zone 7 of the Alameda County Flood Control and Water Conservation District. 562 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 81 According to the Federal Emergency Management Agency FEMA)Flood Insurance Rate Map Panel 06001C0326G August 3,2009),the majority of the project site is located in Zone X,Area of Minimal Flood Hazard,which is not considered a special flood hazard area.The Tassajara Creek channel,which bisects the site,is designated as Zone A,which is a special flood hazard area. Tassajara Creek is not currently listed as impaired on the current Clean Water Act Section 303(d)List of Impaired Waters;however,Arroyo Del Valle and Arroyo de La Laguna are both listed as impaired due to diazinon associated with urban related runoff. Regulatory Framework Federal and State Regulations Clean Water Act The USEPA adopted the Clean Water Act CWA)in 1977 to set a framework for establishing regulations to protect the chemical,physical,and biological integrity of the nation’s waters.The National Pollutant Discharge Elimination System NPDES)under section 402(p)of the CWA aims to reduce the direct discharge of pollutants into waterways and manage additional pollution runoff.The San Francisco Bay RWQCB has the authority to administer permits within its jurisdiction including the City of Dublin.Section 303(d)of the CWA requires that each state identify impaired”water bodies or segments of water bodies that do not meet at least one of the listed state water quality standards.When the water body or segment is listed as impaired, the state institutes a Total Maximum Daily Load TMDL)for the pollutant found to be creating the impairment.The TMDL is the maximum amount of a pollutant that a water body can receive and still meet water quality standards,and is usually calculated based on the total amount of allowable loads generated by a single pollutant deriving from all of its originating point and non point sources.The 303(d)list identifies water bodies that will need to establish a TMDL in the future in order to abide by water quality standards.As per 303(d),the RWQCB has identified impaired water bodies within its authority as well as the associated pollutants causing the impairment. National Pollutant Discharge Elimination System As described above,the NPDES was established under the CWA to regulate municipal,industrial and stormwater discharges to the surface waters of the United States,including discharges from municipal separate storm sewer systems MS4s).All entities that discharge pollutants into an identified waterbody of the United States are required to obtain a NPDES permit. The proposed project is subject to the conditions of the Municipal Regional Permit MRP) Order No.R2 2015 0049 NPDES Permit No.CAS612008).The C.3 Stormwater Technical Guidance updated in February 2021 as per the Alameda County Clean Water Program,outlines low impact development provisions that the MS4 permit holders can use during planning of 563 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 82 development activities to manage and reduce occurrences of stormwater runoff pollutant discharges.These low impact development methods aim to preserve existing natural landscapes to minimize imperviousness and water quality impacts. National Flood Insurance Program The National Flood Insurance Program exists under the Federal Emergency Management Agency FEMA)to distinguish and evaluate flood hazards.FEMA generated Flood Insurance Rate Maps FIRMs)identify the location of these potential flooding hazards and help plan for the correct land use and floodplain development within those locations.Information for FIRMs is generated by Flood Insurance Studies FISs).Special Flood Hazard Areas SFHAs)are distinguished via FIRMs. Porter Cologne Water Quality Control Act California adopted the Porter Cologne Water Quality Act in 1969,giving the SWRCB and regional water quality control boards the authority over State water rights and policies in relation to managing and enforcing water quality.The regional boards adopt Water Quality Control Plans Basin Plans)that outline their region’s water quality conditions and standards as well as beneficial uses of the region’s ground and surface water.The City of Dublin lies within the boundaries Region 2 governed by the San Francisco Bay RWQCB.The most recent Basin Plan for the San Francisco Bay Watershed was updated by the RWQCB in 2015 and is revised periodically to reflect relevant ecological,technological,and political changes.The Basin also includes water quality standards for groundwater. Statewide Construction General Permit Construction projects or activities that are one acre or more must obtain a General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities,or a Construction General Permit from the SWRCB.Prior to construction,the Project Applicant must submit online Permit Registration Document PRDs)to the Stormwater Multiple Application and Report Tracking System SMARTS)website.The PRDs include a Notice of Intent NOI),Risk Assessment,Post Construction Calculations,a Site Map,the Stormwater Pollution Prevention Plan SWPPP),a signed certification by the Project Applicant,and the first annual fee. Applicants are also required develop BMPs in accordance with the development of a SWPPP. The SWPPP maps the boundaries of the Project site,identifying the existing and proposed structures and roads within the vicinity of the site,as well as stormwater collection and discharge points and drainage patterns.These BMPs should address strategies to prevent soil erosion and the proper treatment and discharge of other pollutants generated by construction, which could contaminate waterways on or nearby the site.A SWPPP must also include a visual chemical monitoring program of nonvisible pollutants and a sediment monitoring program.As the Project site is larger than one acre,it is subject to these listed requirements. 564 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 83 Sustainable Groundwater Management Act The Sustainable Groundwater Management Act of 2014 SGMA)is a comprehensive three bill package that was signed into California State law in September 2014.The SGMA that provides a framework for sustainable management of groundwater supplies by local authorities,with a limited role for State intervention only if necessary to protect the resource.The plan is intended to ensure a reliable groundwater water supply for California for years to come. The SGMA requires the formation of local groundwater sustainability agencies GSAs)that must assess conditions in their local water basins and adopt locally based management plans.The act requires that GSAs implement plans and achieve long term groundwater sustainability within 20 years of implementation of the SGMA. City of Dublin General Plan Sections 7.2 and 7.3 of the General Plan outlines policies and programs related to stream corridors and riparian areas and erosion and siltation control.The following policies related to hydrology and water quality are applicable to the proposed project: Guiding Policy 7.2.1.A.1.Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource. Guiding Policy 7.2.1.A.2.Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary,while respecting the privacy of owners of property abutting stream corridors. Implementing Policy 7.2.1.B.1.Enforce Watercourse Ordinance 52 87 for developed areas of the city. Implementing Policy 7.2.1.B.2.Require open stream corridors of adequate width to protect all riparian vegetation,improve access,and prevent flooding caused by blockage of streams. Implementing Policy 7.2.1.B.3.Require revegetation of creek banks with species characteristic of local riparian vegetation,where construction requires creekbank alteration. Guiding Policy 7.3.1.A.1.Maintain natural hydrologic systems. Guiding Policy 7.3.1.A.2.Regulate grading and development on steep slopes. Implementing Policy 7.3.1.B.1.Enforce the requirements of the Municipal Regional Permit for stormwater issued by the San Francisco Bay Regional Water Quality Control 565 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 84 Board or any subsequent permit as well as Chapter 7 Public Works)and Chapter 9 Subdivisions)of the Dublin Municipal Code for maintenance of water quality and protection of stream courses. Implementing Policy 7.3.1.B.2.Review development proposals to insure site design that minimizes soil erosion and volume and velocity of surface runoff. Implementing Policy 7.3.1.B.3.Restrict development on slopes over 30 percent. Eastern Dublin Specific Plan Section 9.3 of the Eastern Dublin Specific Plan contains policies related to storm drainage and water quality.The following policies related to hydrology and water quality are applicable to the proposed project: Policy 9 7:Require drainage facilities that will minimize any increased potential for erosion or flooding. Policy 9 8:Require channel improvements consist of natural creek bottoms and side slopes with natural vegetation where possible to meet Policy 9 7 above.See also Policy 7 11.) Policy 9 9:Plan facilities and select management practices in the Eastern Dublin Specific Plan area that protect and enhance water quality. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to the overdraft of potential flooding,reduced groundwater recharge,and non point sources of pollution. Mitigation measures were identified to reduce potential impacts to a less than significant level. The following mitigation measures would apply to the proposed project: MM 3.5/44.0 Require drainage facilities that will minimize any increased potential or erosion or flooding. MM 3.5/45.0 Require channel improvements consisting of natural creek bottoms and side slopes with natural vegetation where possible to meet Policy 9.7 above. MM 3.5/46.0 Storm Drainage Master Plan.Require a Master Drainage Plan be prepared for each development application prior to development approval.The plan shall include: 566 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 85 Hydrologic studies of entire related upstream watersheds. Phase approach and system modeling. Documentation of existing conditions. Design level analysis of the impacts of proposed development of the existing creek channels and watershed areas. Detailed analysis of effects of development on water quality of surface runoff. Detailed drainage design plans for each phase of the proposed project. Design features to minimize runoff flows within existing creeks/channels in order to alleviate potential erosion impacts and maintain riparian vegetation. MM 3.5/47.0 Flood Control.Require development in the Planning Area to provide facilities to alleviate potential downstream flooding due to project development.These facilities shall include: Retention/detention facilities as appropriate to control peak runoff discharge rates. Energy dissipators at discharge locations to prevent channel erosion,as per Zone 7 guidelines.Energy dissipators should be designed to minimize adverse effects on biological resources and the visual environment;in particular,widespread use of rip rap should be avoided. MM 3.5/49.0 Plan facilities and select management practices in the Eastern Dublin Specific Plan EIR area that protect and enhance water quality. MM 3.5/50.0 Zone 7 supports ongoing groundwater recharge program from the Central Basin. MM 3.5/51.0 Develop community based programs to educate local residents and businesses on methods to reduce non point sources of pollution.Coordinate such programs with current Alameda County programs.Such programs include: Increased availability of liquid recycling centers i.e.oil,greases,etc.)to reduce potential for dumping into storm drains. Programs that educate the public that catch basins and storm drains flow to creeks, to potable groundwater basins,and to the San Francisco Bay,including a potential 567 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 86 program to paint labels at each catch basin and storm drain to alert people to these facts. Dublin Ranch West SEIR Hydrology and water quality were addressed in the Initial Study for the SEIR.No potentially significant hydrology or water quality impacts or additional mitigation measures beyond those identified in the Eastern Dublin EIR were identified. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to hydrology and water quality would result from the Wallis Ranch/Trumark project with implementation of the mitigation measures identified in the Eastern Dublin EIR. Project Impacts and Mitigation Measures a)Violate water quality or waste discharge requirements or degrade surface or groundwater quality No New Impact.Construction activities associated with the proposed project would cause disturbance of soil during excavation work,which could adversely impact water quality. Contaminants from construction vehicles and equipment and sediment from soil erosion could increase the pollutant load in runoff being transported to receiving waters during development. Although surface runoff from the site would likely decrease with the proposed project due to proposed stormwater treatment measures),runoff from the proposed landscaped areas may contain residual pesticides and nutrients associated with landscaping)and sediment and trace metals associated with atmospheric deposition)during operation of the project. Because the project would result in the disturbance of greater than 1 acre of soil,project implementation is required to comply with the Construction General Permit,which requires preparation of a SWPPP and implementation of BMPs to reduce the discharge of construction related stormwater pollutants.A SWPPP must include a detailed description of controls to reduce pollutants and outline maintenance and inspection procedures.Typical sediment and erosion BMPs include protecting storm drain inlets,establishing and maintaining construction exits and perimeter controls to avoid tracking sediment off site onto adjacent roadways.A SWPPP also defines proper building material staging and storage areas,paint and concrete washout areas,describes proper equipment/vehicle fueling and maintenance practices, measures to control equipment/vehicle washing and allowable non stormwater discharges,and includes a spill prevention and response plan.Compliance with the requirements of the Construction General Permit would ensure that the proposed project would result in less than significant impacts to water quality during construction. 568 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 87 As the site is currently largely undeveloped,the proposed project would increase the total amount of impervious surface on the project site.The increase in impervious surface could result in increased stormwater runoff both flow rate and volume)from the project site relative to pre project conditions,which may result in hydromodification impacts i.e.,increased potential for erosion of creek beds and banks,silt pollution generation,or other adverse impacts on beneficial uses due to increased erosive force). The proposed project would be considered a regulated project”under the MRP.Provision C.3 of the MRP requires new development and redevelopment projects that would replace more than 10,000 square feet of existing impervious surfaces to include post construction stormwater control in project designs.Under the C.3 requirements,the preparation and submittal of a Stormwater Control Plan SCP)would be required for the project site.The purpose of a SCP is to detail the design elements and implementation measures necessary to meet the post construction stormwater control requirements of the MRP.In particular,SCPs must include Low Impact Development LID)design measures,which reduce water quality impacts by preserving and recreating natural landscape features,minimizing imperviousness, and using stormwater as a resource,rather than a waste product.The proposed project would also be required to prepare a Stormwater Facility Operation and Maintenance Plan to ensure that stormwater control measures are inspected,maintained,and funded for the life of the project.Compliance with the C.3 requirements of the MRP would ensure that operation period impacts to water quality would be less than significant. Because the proposed project would be required to comply with applicable State and local regulations,no new impacts or substantially more severe significant impacts related to water quality violations,wastewater discharges,or water quality degradation would occur.No additional analysis is required. b)Substantially decrease or interfere with groundwater supplies No New Impact.Although the proposed project would result in a net increase in impervious surface coverage compared to the existing condition,the proposed project would include the use of LID features that would retain and clean stormwater onsite before discharging it into the municipal stormwater system,consistent with Provision C.3 of the MRP. The proposed project would connect to the existing water lines within the vicinity of the project site and would not require the use of groundwater.Due to the depth of groundwater and the shallow excavations required for project construction,dewatering is not anticipated during construction activities.Therefore,no new impacts or substantially more severe significant impacts related to groundwater supplies would occur.No additional analysis is required. 569 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 88 c)Substantially alter existing drainage patterns re:erosion/siltation,re:flooding,or degrade water quality No New Impact.The proposed project would not alter the course of a stream or river.Tassajara Creek bisects the project site;however,proposed park improvements would be constructed outside of the riparian zone of the creek in compliance with the conditions of the conservation easements. The proposed project would create new landscaped areas and impermeable pavement surfaces which would alter the existing drainage pattern of the project site.However,as discussed above,the proposed project would be required to comply with the C.3 requirements of the MRP and other standard City development requirements related to stormwater. Required compliance with applicable regulations and implementation of City policies,as described above,would reduce potential impacts of the project related to changes in drainage patterns to a less than significant level.Therefore,no new impacts or substantially more severe significant impacts related to drainage patterns would occur.No additional analysis is required. d)Flood hazard,seiche,or tsunami No New Impact.As described above,the majority of the project site is not located within a flood hazard area mapped by FEMA.The portions of the project site immediately adjacent to Tassajara Creek lie within a 100 year flood hazard area;however,no park improvements are proposed within the flood zone.The riparian corridor associated with Tassajara Creek would be preserved consistent with the conditions of the conservation easement. The project site is not located within a mapped tsunami inundation area for Alameda County, and no seismically induced seiche waves have ever been documented in the San Francisco Bay area.Additionally,the proposed project would implement various design features to ensure contaminants would be contained.Therefore,no new impacts or substantially more severe significant impacts related to flood hazard,seiche or tsunami would occur.No additional analysis is required. e)Water Quality No New Impact.As noted above,the proposed project would implement various design features to ensure the proposed project would have a less than significant impact related to water quality.Additionally,the proposed project would not include the use of groundwater and would not substantially increase the amount of impervious surfaces on the project site,and therefore would not interfere with groundwater recharge in the vicinity of the project site. Therefore,no new impacts or substantially more severe significant impacts related to water quality would occur.No additional analysis is required. 570 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 89 Source(s) Association of Bay Area Governments and Metropolitan Transportation Commission.2013.Plan Bay Area.July 18. California,State of.2019.California Official Tsunami Inundation Maps.Website: www.conservation.ca.gov/cgs/tsunami/maps accessed June 27,2021). California Water Boards San Francisco Bay R2.2021.The 303(d)List of Impaired Water Bodies website: www.waterboards.ca.gov/rwqcb2/water_issues/programs/TMDLs/303dlist.html accessed June 27,2021). Federal Emergency Management Agency.2021.FEMA Flood Map Service Center map). Website: msc.fema.gov/portal/search?AddressQuery=6363%20Tassajara%20Road%2C%20Dublin 2C%20CA#searchresultsanchor accessed June 27,2021). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 571 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 90 Land Use and Planning ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 10.LAND USE AND PLANNING.Would the project: a. Physically divide an established community?X b. Cause a significant environmental impact due to a conflict with any applicable land use plan,policy,or regulation adopted for the purpose of avoiding or mitigating an environmental effect? X Environmental Setting The proposed project site consists of an approximately 9 acre site within the Wallis Ranch residential development,located in eastern Dublin.Surrounding land uses include residential development to the north,undeveloped open space to the west and south,and Tassajara Road and Quarry Lane School to the east. As shown on Figure 4.1 in the Eastern Dublin Specific Plan,the project site is designated as Neighborhood Park.The Neighborhood Park designation provides for development of parks that serve the recreation needs of a specific neighborhood or cluster of residential units.These parks are at least 5 7 acres in size,are centrally located to the homes they serve,and have frontage on a minimum of two streets.Park sites are generally level to accommodate active recreation,in most instances,the Neighborhood Parks are located adjacent to an open space corridor to facilitate safe pedestrian movement within the community. Regulatory Framework City of Dublin General Plan The City of Dublin General Plan is a policy document guiding future development within the City and is a comprehensive plan intended to guide growth and development.The Land Use Element is considered the framework for the General Plan because it establishes development and land use patterns that enhance the City’s character.Chapter 3 of the Land Use Element outlines policies and programs to provide open space both within and apart from development projects.The following goals and policies related to land use that are applicable to the proposed project. Guiding Policy 3.4.1.A.1.Expand park area throughout the Primary and Extended Planning Areas to serve new development. 572 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 91 Guiding Policy 3.4.1.A.3.Restrict structures on the hillsides that appear to project above major ridgelines.The present undisturbed natural ridgelines as seen from the Primary Planning Area and key travel corridors are an essential component of Dublin’s appearance as a freestanding city ringed by open hills. Implementing Policy 3.4.1.B.1.Acquire and improve parklands in conformance with the standards and policies in the City’s Parks and Recreation Master Plan. Implementing Policy 3.4.1B.2.Continue to maintain and periodically update the Citywide Parks and Recreation Master Plan.The Master Plan shall provide specific standards for acquiring parkland to support growth planned in the Land Use Element. Implementing Policy 3.4.1.B.3.The policies set forth below,as implemented through the Parks and Recreation Master Plan and development approvals,constitute the action program for preserving and providing open space for outdoor recreation. Guiding Policy 3.4.2.A.1.Provide active parks and facilities which are adequate to meet citywide needs for open space,cultural,and sports facilities,as well as the local needs of the Eastern Extended Planning Area. Guiding Policy 3.4.2.A.2.Establish a trail system with connections to planned regional and sub regional systems,including north south corridors such as East Bay Regional Park District’s trail along Tassajara Creek north to Mt.Diablo State Park. Guiding Policy 3.4.2.A.3.Using the natural stream corridors and major ridgelines, establish a comprehensive,integrated trail network within the Planning Area that permits safe and convenient pedestrian and bicycle access within urban areas and between urban areas and open space areas.Per the 2005 Fallon Village amendment,in order to preserve biological resources,trails in Fallon Village will not be placed along ridgelines and in stream corridors. Implementing Policy 3.4.2.B.1.Require land dedication and improvements for the parks designated in the General Plan for the Eastern Extended Planning Area and based on a standard of 5 net acres per 1,000 residents.Collect in lieu park fees as required by City policies. Implementing Policy 3.4.2.B.2.Require land dedication and improvements for trails along designated stream corridors. 573 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 92 Eastern Dublin Specific Plan The Eastern Dublin Specific Plan designates a broad range of open space and park areas to provide for a variety of passive and active recreation uses,including approximately 240 acres designated for developed parkland.The following policies from the Eastern Dublin Specific Plan apply to the proposed project: Policy 4 29:Ensure that park development in eastern Dublin is consistent with the standards and phasing recommended in the City of Dublin's Recreation and Parks Master Plan,and provides a full range of recreational activities from intense active sports to passive open space enjoyment. Policy 4 30:Ensure,as part of the approval process,that each new development provides its fair share of planned open space,parklands,and trail corridors,as shown on Figure 4.1. Policy 4 31:Establish a convenient,multi use,all weather network of trails,including bike lanes,to link planning area parks,recreation facilities,schools,employment centers and major open space areas to each other and to the surrounding community. City of Dublin Zoning Ordinance Title 8 of the City’s Municipal Code establishes the City of Dublin Zoning Ordinance,which sets cohesive zoning rules for the City and designates land use types.The City’s Zoning Ordinance is the primary implementation tool for the goals and policies contained in the Land Use Element. For this reason,the Zoning Map must be consistent with the General Plan Land Use Map.The City’s Land Use Map indicates the general location and extent of future development in the City.The City’s Zoning Ordinance contains more specific information related to permitted land uses,building intensities,and development standards. The project site is designated as Planned Development PD)Ordinance No.11 14 and PD Ordinance No.09 15.The intent of the PD designation is to create a more desirable use of the land,a more coherent and coordinated development,and a better physical environment than would otherwise be possible under a single zoning district or combination of zoning districts.A PD Zoning District is established by the adoption of an Ordinance reclassifying the property to such district and adopting a Development Plan,which establishes regulations for the use, development,improvement,and maintenance of the property within the PD district.The project site is located within the Dublin Ranch West planned development for which Stage 1 and Stage 2 Development Plans have been approved by the City. City of Dublin Parks and Recreation Master Plan The City of Dublin Parks and Recreation Master Plan establishes goals,standards,guiding policies,and action programs to guide the City of Dublin in the acquisition,development and 574 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 93 management operations and maintenance)of Dublin’s park and recreation facilities through the ultimate build out of the City in accordance with the General Plan.The Master Plan outlines specific standards for developing,maintaining,and operating the City’s park and recreation system. The Master Plan designates Wallis Ranch Community Park as an Active Community Park.”As defined in the Master Plan,Active Community Parks should offer a variety of recreational opportunities that attract a wide range of local age groups and interests.Active Community Parks should feature large open space areas,unique natural,historic,and/or cultural areas as well as group picnic areas,bicycling and hiking trails,sports facilities,dog runs,community facilities,and other unique features or facilities.” Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified less than significant impacts related to the substantial alteration to existing land use,on site project land use conflicts,conversion of non urban lands, potential conflicts with land uses to the south,east and north.A potentially significant impact was identified related to potential conflicts with land uses to the west,which was determined to be less than significant with implementation of Mitigation Measure 3.1/1.0,which requires the City to coordinate with the Army regarding future development proposals in the vicinity of the Army’s Camp Parks facility. Dublin Ranch West SEIR The Dublin Ranch West SEIR determined that supplemental impacts resulting from the Dublin Ranch West project would be less than significant.Implementation of the Dublin Ranch West project would convert the same extent of vacant land to urban uses as identified in the Eastern Dublin EIR and would not represent an abrupt or significant on site land use change as described in the Eastern Dublin EIR. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to land use would result from the Wallis Ranch/Trumark project than were previously analyzed in the prior environmental documents. Project Impacts and Mitigation Measures a)Physically divide an established community No New Impact.The physical division of an established community typically refers to the construction of a feature such as an interstate highway or railroad tracks)or removal of a means of access such as a local road or bridge)that would impair mobility within an existing 575 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 94 community,or between a community and outlying areas.For instance,the construction of an interstate highway through an existing community may constrain travel from one side of the community to another;similarly,such construction may also impair travel to areas outside of the community. The proposed project would result in the construction of a new neighborhood park within an existing residential neighborhood.Access to the project site would be via an existing roadway. The proposed project would not result in the realignment or closure of any existing roads. Therefore,the proposed project would not result in the physical division of an established community or adversely affect the continuity of land uses in the vicinity.This impact would not result in new significant or substantially more severe significant impacts beyond those analyzed in the prior environmental documents.No additional analysis is required. b)Conflict with land use plan,policy,or regulation No New Impact.The proposed project would involve the development of a new neighborhood park within an existing residential neighborhood.The proposed project would develop a currently vacant site with a mix of recreational facilities that would serve community needs and provide opportunities for increased physical activity and social interaction.The proposed park would be compatible with the mix and intensity of uses located within the vicinity of the site, which generally consist of residential and public uses.Therefore,the proposed project would not result in new significant or substantially more severe significant impacts related to conformity with land use plans beyond those already analyzed in the prior environmental documents.No additional analysis is required. Source(s) Dublin,City of.2015.City of Dublin Parks and Recreation Master Plan. Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Dublin,City of.2021.City of Dublin Municipal Code.May 18.Available online at: www.codepublishing.com/CA/Dublin/accessed June 25,2021) Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). 576 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 95 Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 577 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 96 Mineral Resources ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 11.MINERAL RESOURCES.Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan,specific plan,or other land use plan? X Environmental Setting Minerals are any naturally occurring chemical element or compound,or groups of elements and compounds,formed from inorganic processes and organic substances including,but not limited to,coal,peat and oil bearing rock,but excluding geothermal resources,natural gas and petroleum.Rock,sand,gravel and earth are also considered minerals by the Department of Conservation when extracted by surface mining operations. Neither the State Geologist nor the California Department of Mines and Geology CDMG)have classified any areas in the City as containing mineral deposits that are either of Statewide significance or the significance of which requires further evaluation.The project site has been classified by the CDMG as being located in MRZ 1,indicating that the project site is located in an area where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. Regulatory Framework State Regulations Surface Mining and Reclamation Act of 1974 The California Department of Conservation,Geological Survey CGS)and the California State Mining and Geology Board are required by the Surface Mining and Reclamation Act of 1974 SMARA)to categorize lands into four Aggregate and Mineral Resource Zones MRZs),described below.These MRZs classify lands that contain significant regional or Statewide mineral deposits.Lead Agencies are mandated by the State to incorporate MRZs into their General Plans. MRZs are classified on the basis of geologic factors without regard to existing land use and land ownership.The four MRZs are categorized as follows: 578 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 97 MRZ 1:An area where adequate information indicates that no significant mineral deposits are present,or where it is judged that little likelihood exists for their presence. MRZ 2:An area where adequate information indicates that significant mineral deposits are present,or where it is judged that a high likelihood exists for their presence. MRZ 3:An area containing mineral deposits,the significance of which cannot be evaluated. MRZ 4:An area where available information is inadequate for assignment to any other MRZ zone. Of the four categories,lands classified as MRZ 2 are of the greatest importance because such areas are underlain by demonstrated mineral resources or are located where geologic data indicate that significant measured or indicated resources are present.MRZ 2 areas are designated by the State Mining and Geology Board as being regionally significant.”Such designations require that a Lead Agency make land use decisions involving designated areas in accordance with its mineral resource management policies and that it consider the importance of the mineral resource to the region or the State as a whole,not just to the Lead Agency’s jurisdiction. Previous CEQA Documents None of the prior environmental documents indicate that significant mineral resource deposits exist on the project site.Therefore,no impacts related to mineral resources were identified. Project Impacts and Mitigation Measures a b)Loss of known or identified mineral resource No New Impact.The project site is not located in a designated mineral resource area. Therefore,the proposed project would not result in the loss of available of a known mineral resources that would be of value of the region and residents of the state or the loss of availability of any known locally important mineral resource recovery site.Therefore,no new or substantially more severe significant impacts related to mineral resources would occur.No additional analyses is required. Source(s) Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. 579 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 98 Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. State of California.Division of Mines and Geology.Generalized Mineral Land Classification Map of the South San Francisco Bay Production—Consumption Region.Published 1996. 580 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 99 Noise ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 12.NOISE.Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? X b. Generation of excessive ground borne vibration or ground borne noise levels? X c. For a project located within the vicinity of a private airstrip or an airport land use plan or,where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? X Environmental Setting Noise Background Noise is usually defined as unwanted sound.Noise consists of any sound that may produce physiological or psychological damage and/or interfere with communication,work,rest, recreation,or sleep.Several noise measurement scales exist that are used to describe noise in a particular location.A decibel dB)is a unit of measurement that indicates the relative intensity of a sound.Sound levels in dB are calculated on a logarithmic basis.An increase of 10 dB represents a 10 fold increase in acoustic energy,while 20 dB is 100 times more intense and 30 dB is 1,000 times more intense.Each 10 dB increase in sound level is perceived as approximately a doubling of loudness;and similarly,each 10 dB decrease in sound level is perceived as half as loud.Sound intensity is normally measured through the A weighted sound level dBA).This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive.The A weighted sound level is the basis for 24 hour sound measurements that better represent human sensitivity to sound at night. As noise spreads from a source,it loses energy so that the farther away the noise receiver is from the noise source,the lower the perceived noise level would be.Geometric spreading causes the sound level to attenuate or be reduced,resulting in a 6 dB reduction in the noise level for each doubling of distance from a single point source of noise to the noise sensitive receptor of concern. 581 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 100 Vibration Background Vibration refers to ground borne noise and perceptible motion.Ground borne vibration is almost exclusively a concern inside buildings and is rarely perceived as a problem where the motion may be discernible,but there is less adverse reaction without the effects associated with the shaking of a building.Vibration energy propagates from a source through intervening soil and rock layers to the foundations of nearby buildings.The vibration then propagates from the foundation throughout the remainder of the structure.Building vibration may be perceived by occupants as motion of building surfaces,the rattling of items on shelves or hanging on walls,or a low frequency rumbling noise,otherwise referred to as ground borne noise. Typically,sources that have the potential to generate ground borne noise are likely to produce airborne noise impacts that mask the radiated ground borne noise.The rumbling noise is caused by the vibrating walls,floors,and ceilings radiating sound waves.Annoyance from vibration often occurs when the vibration exceeds the threshold of perception by 10 dB or less. This is an order of magnitude below the damage threshold for normal buildings. Typical sources of ground borne vibration are construction activities e.g.,blasting,pile driving, and operating heavy duty earthmoving equipment)and occasional traffic on rough roads. Problems with ground borne vibration and noise from these sources are usually localized to areas within approximately 100 feet of the vibration source,although there are examples of ground borne vibration causing interference out to distances greater than 200 feet.When roadways are smooth,vibration from traffic,even heavy trucks,is rarely perceptible.For most projects,it is assumed that the roadway surface will be smooth enough that ground borne vibration from street traffic will not exceed the impact criteria;however,construction of the project could result in ground borne vibration that could be perceptible and annoying. Existing Noise Levels Major sources of noise on and adjacent to the project site include noise generated by vehicles on Tassajara Road,Wallis Ranch Road,and Rutherford Drive,and from aircraft flyovers, primarily from helicopters at the Parks Reserve Forces Training Area RFTA or Camp Parks”) and distant noise from other operations at Camp Parks. Surrounding Noise Sensitive Land Uses Certain land uses are considered more sensitive to noise than others.Examples of these include residential areas,educational facilities,hospitals,childcare facilities,and senior housing.The nearest noise sensitive uses are the single family residential buildings approximately 90 feet north of the project site,single family residential buildings approximately 100 feet to the east across Tassajara Road and Quarry Lane School approximately 150 feet to the east of the project site across Tassajara Road. 582 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 101 Regulatory Framework Federal and State Regulations Federal Transit Administration The criteria for environmental impacts resulting from ground borne vibration are based on the maximum levels for a single event.The guidelines within the FTA Manual have been used to determine vibration impacts refer to Table A,below). Table A: Construction Vibration Damage Criteria Building Category PPV in/sec) Reinforced concrete,steel,or timber no plaster) 0.50 Engineered concrete and masonry no plaster)0.30 Non engineered timber and masonry buildings 0.20 Buildings extremely susceptible to vibration damage 0.12 Source:Transit Noise and Vibration Impact Assessment Manual FTA 2018),Table 12 3. FTA Federal Transit Administration in/sec inches per second PPV peak particle velocity The FTA Manual guidelines show that a vibration level of up to 0.2 in/sec PPV is considered safe for non engineered timber and masonry buildings,and would not result in any construction vibration damage.Therefore,in order to be conservative,the 0.2 in/sec PPV threshold has been used when evaluating vibration impacts at the nearest structures to the site. Local Regulations City of Dublin General Plan The Noise Element of the City of Dublin General Plan establishes residential,commercial,and industrial land use compatibility standards for noise measured at the property line of the receiving land use.The land use compatibility noise criteria,as shown in Table B,provide the basis for decisions on location of land uses in relation to noise sources and for determining noise mitigation requirements. The Noise Element of the Dublin General Plan identifies normally acceptable"noise levels for all schools,churches and nursing home uses as 60 dBA CNEL or less.Noise levels from 61 70 CNEL are considered conditionally acceptable”,while noise levels between 71 80 CNEL are considered normally unacceptable.”Noise levels over 80 dBA CNEL are considered clearly unacceptable for new development of these types of land uses. 583 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 102 Table A: City of Dublin Land Use/Noise Compatibility Standards (dBA CNEL) Land Use Category Normally Acceptable Conditionally Acceptable1 Normally Unacceptable Clearly Unacceptable Residential 60 or less 61 70 71 75 Over 75 Motels,hotels 60 or less 61 70 71 80 Over 80 Schools,churches,nursing homes 60 or less 61 70 71 80 Over 80 Neighborhood parks 60 or less 61 65 66 70 Over 70 Offices:retail commercial 70 or less 71 75 76 80 Over 80 Industrial 70 or less 71 75 Over 75 Source:Dublin General Plan Noise Element,Table 9 1,2012 CNEL Community Noise Equivalent Level 1 Conditionally acceptable exposure requires noise insulation features in building design.Conventional construction,but with closed windows and fresh air supply systems or air conditioning will normally suffice. Eastern Dublin Specific Plan As described in Section 6.4.2 of the Eastern Dublin Specific Plan,the primary source of noise in eastern Dublin is traffic along I 580.The 60 dB contour for noise levels,which is considered the maximum normally acceptable level of residential uses and other sensitive uses extends approximately 2,000 feet north of the freeway.As specified in Policy 6 44,development along the I 580 frontage will be required to provide adequate mitigation to conform to the State Land Use Compatibility Standards for noise and policies and standards in the City of Dublin's Noise Element. City of Dublin Municipal Code The City of Dublin Municipal Code Section 5.28.020)prohibits any person within the City from making any loud,or disturbing,or unnecessary,or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health,repose,peace,or safety of any reasonable person of normal sensitivity present in the area. Section 8.36.060(C)(3)states that for lots 5,000 square feet or larger,mechanical equipment that generates noise when located within a required setback as allowed by this subsection,and within 10 feet of an existing or potential residence,or an existing paved patio area on adjoining property,shall be enclosed as necessary to reduce noise at the property line to a maximum of 50 dBA at any time. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potential significant impacts related to exposure of proposed housing to future roadway noise,exposure of existing residences to future roadway noise, exposure of proposed residential development to noise from future military training activities 584 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 103 at Camp Parks,exposure of existing and proposed residences to construction noise,and noise conflicts due to the adjacency of diverse land uses permitted by Plan policies supporting mixed use development.Mitigation measures were identified to reduce most of these potential impacts to a less than significant level.Noise impacts associated with activities at Camp Parks and exposure of existing residences to future roadway noise were determined to be significant and unavoidable,even with implementation of mitigation.The impacts associated with exposure of existing and proposed development to airport noise was determined to be less than significant due to the distance of the project area from Livermore Municipal Airport. The following mitigation measures would apply to the proposed project: MM 3.10/4.0 Developers shall submit to the City a Construction Noise Management Program that identified measures to be taken to minimize impacts on existing planning area residents.The program will include a schedule for grading and other major noise generating activities that will limit these activities to the shortest possible number of days.Hours of construction activities shall be limited in keeping with Dublin ordinances. The Program for construction vehicle access to the site shall minimize construction truck traffic through residential areas.If construction traffic must travel through residential areas,then a mitigation plan should be developed.The Program may include barriers, berms,or restrictions on hours. MM 3.10/5.0 In order to minimize the impact of construction noise,all operations should comply with local noise standards relating to construction activities.When construction occurs near residential areas,then it should be limited to normal daytime hours to minimize the impact.Stationary equipment should be adequately muffled and located as far away from sensitive receptors as possible. Dublin Ranch West SEIR Noise was addressed in the Initial Study for the Dublin Ranch West SEIR.No new or more severe impacts beyond those identified in the Eastern Dublin EIR were identified with implementation of the mitigation measures identified in the Eastern Dublin EIR. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to noise would result from the Wallis Ranch/Trumark project.The 2014 Addendum acknowledged that the Wallis Ranch/Trumark project would contribute to cumulative noise conditions,including exposure of existing residences to roadway noise,which was determined to be significant and unavoidable. 585 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 104 Project Impacts and Mitigation Measures a)Generate noise exceeding standards No new Impact.The following section addresses the short term construction and long term operational noise impacts of the proposed project. Short Term Construction)Noise Impacts.Project construction would result in short term noise impacts.Maximum construction noise would be short term,generally intermittent depending on the construction phase,and variable depending on receiver distance from the active construction zone.The duration of noise impacts generally would be from one day to several days depending on the phase of construction.The level and types of noise impacts that would occur during construction are described below. Short term noise impacts would occur during grading and site preparation activities.Table C lists typical construction equipment noise levels Lmax)recommended for noise impact assessments,based on a distance of 50 feet between the equipment and a noise receptor, obtained from the Federal Highway Administration FHWA)Roadway Construction Noise Model.Construction related short term noise levels would be higher than existing ambient noise levels currently in the project area but would no longer occur once construction of the project is completed. Two types of short term noise impacts could occur during construction of the proposed project. The first type involves construction crew commutes and the transport of construction equipment and materials to the site,which would incrementally increase noise levels on roads leading to the site.As shown in Table C,there would be a relatively high single event noise exposure potential at a maximum level of 84 dBA Lmax with trucks passing at 50 feet. The second type of short term noise impact is related to noise generated during grading and construction on the project site.Construction is performed in discrete steps,or phases,each with its own mix of equipment and,consequently,its own noise characteristics.These various sequential phases would change the character of the noise generated on site.Therefore,the noise levels vary as construction progresses.Despite the variety in the type and size of construction equipment,similarities in the dominant noise sources and patterns of operation allow construction related noise ranges to be categorized by work phase. Table C lists maximum noise levels recommended for noise impact assessments for typical construction equipment,based on a distance of 50 feet between the equipment and a noise receptor. 586 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 105 Table C: Typical Maximum Construction Equipment Noise Levels (Lmax) Type of Equipment Acoustical Usage Factor Suggested Maximum Sound Levels for Analysis dBA Lmax at 50 ft) Air Compressor 40 80 Backhoe 40 80 Crane 16 85 Excavator 40 85 Forklift 20 85 Generator 50 80 Grader 40 85 Loader 40 80 Paver 50 85 Roller 20 85 Scraper 40 85 Skid Steer Loader 40 80 Tractor 40 84 Trencher 50 82 Water Truck 40 84 Source:Highway Construction Noise Handbook FHWA 2006). dBA A weighted decibel FHWA Federal Highway Administration ft foot/feet HP horsepower Lmax maximum noise level Typical maximum noise levels range up to 87 dBA Lmax at 50 feet during the noisiest construction phases.The site preparation phase,including excavation and grading of the site, tends to generate the highest noise levels because earthmoving machinery is the noisiest construction equipment.Earthmoving equipment includes excavating machinery such as backfillers,bulldozers,draglines,and front loaders.Earthmoving and compacting equipment includes compactors,scrapers,and graders.Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. To provide a conservative estimate,the noise levels were calculated from the edge of the project site,whereas the construction activities would cover the entire site and often be further from sensitive receptors.Based on the typical construction equipment noise levels shown in Table C,noise levels associated with these pieces of construction equipment operating simultaneously would be approximately 88 dBA Leq at 50 feet. The closest sensitive receptors include residential uses located approximately 95 feet from the project site.At 95 feet,there would be a decrease of approximately 6 dBA,resulting in short term construction noise levels associated approaching 82 dBA Leq which would exceed the City’s noise standards.While construction related short term noise levels have the potential to be 587 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 106 higher than existing ambient noise levels in the project area,the noise impacts would no longer occur once project construction is completed.The proposed project would be required to comply with MM 3.10/4.0 and MM 3.10/5.0 identified in the Eastern Dublin EIR,which require preparation and implementation of a construction noise management plan,proper muffling of construction equipment and limiting construction hours.In addition,the proposed project would be required to comply with the City of Dublin Noise Ordinance Section 5.28 of the City’s Municipal Code).With adherence to the mitigation measures identified in the Eastern Dublin EIR and compliance with City standards for construction,there would be no new or substantially more severe significant impacts to short term noise impacts beyond what has been analyzed in the prior environmental documents.No additional analysis is required. Operational Noise Impacts.A characteristic of sound is that a doubling of a noise source is required in order to result in a perceptible 3 dBA or greater)increase in the resulting noise level.The proposed project would improve the existing site as a neighborhood park.Outdoor activity typically generates maximum noise levels of 70 dBA Lmax at 50 feet.Once operational, the project would not generate a significant number of new vehicle trips and therefore would not result in a doubling of traffic volumes along any roadway segment in the project vicinity and would not result in a perceptible increase in traffic noise levels at receptors in the project vicinity.Operation of the proposed project would not result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance,since the project is not expected to generate substantial vehicular traffic or other operational noise.Therefore,the proposed project would not result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. b)Generate excessive ground borne vibration or ground borne noise No New Impact.Common sources of ground borne vibration and noise include trains and construction activities such as blasting,pile driving,and operating heavy earthmoving equipment.Construction of the proposed project would involve site preparation,and construction activities but would not involve the use of construction equipment that would result in substantial ground borne vibration or ground borne noise on properties adjacent to the project site.No pile driving,blasting,or significant grading activities are proposed. Furthermore,operation of the proposed project would not generate substantial ground borne noise and vibration.Therefore,the project would not result in the exposure of persons to or generation of excessive ground borne noise and vibration.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. c)Excessive noise level near a public or private airport No New Impact.The project site is not located within an airport land use plan,or within 2 miles of a public airport,public use airport,or private airport.The closest airports to the project site 588 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 107 are the Livermore Municipal Airport,located approximately 3.6 miles southeast of the project site and the Hayward Executive Airport,located approximately 20 miles west.The proposed project would include development of a community park.Proposed improvements would be largely at grade.As noted in the Eastern Dublin EIR and the Dublin Ranch West SEIR,the project site could be subject to overflight noise from Camp Parks;however,the proposed project would not result in residential development,this impact would not be substantially more severe than previously analyzed in the prior environmental documents.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. Source(s) Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Dublin,City of.2021.City of Dublin Municipal Code.May 18.Available online at: www.codepublishing.com/CA/Dublin/accessed June 25,2021) Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 589 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 108 Population and Housing ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 13.POPULATION AND HOUSING.Would the project: a. Induce substantial unplanned population growth in an area, either directly for example,by proposing new homes and businesses)or indirectly for example,through extension of roads or other infrastructure)? X b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? X Environmental Setting According to the City of Dublin General Plan,in 2010,Dublin’s total population was estimated at 46,036 and represented 17 percent of the 269,437 residents in the Tri Valley area.In 2019, The United States Census Bureau estimated that the City of Dublin had approximately 64,826 people and 20,235 households.The project site consists of approximately 9 acres of undeveloped land.No residential units currently exist at the project site. Regulatory Framework Association of Bay Area Governments Projections 2040 ABAG is the regional planning agency for the San Francisco Bay Area.ABAG Projections 2040 2018)is a growth forecast,which informs agencies such as MTC and BAAQMD for the purpose of project funding and regulatory decisions.The data for the projections were prepared in connection with Plan Bay Area 2040,adopted by ABAG and MTC in the summer of 2017.Data for this forecast are provided from collective regional General Plans,zoning codes,and growth management programs.This growth forecast is produced every four years with the Projections 2040 report being the most recent projection.These periodic updates include developing impacts of smart growth”policies and incentives to improve future development trends in the region,such as a more balanced ratio of the number of jobs to houses. Plan Bay Area 2040 Plan Bay Area 2040 is the Bay Area’s Regional Transportation Plan and Sustainable Communities Strategy as mandated by Senate Bill 375,the Sustainable Communities and Climate Protection Act.Plan Bay Area 2040 is a limited and focused update to the 2013 Plan Bay Area and includes key economic,demographic,and financial trends from the last several years. Plan Bay Area 2040 was adopted by ABAG and the MTC in 2017.Plan Bay Area aims to 590 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 109 concentrate new population and employment growth in the region to areas with pre existing transportation infrastructure to ensure greenhouse gas reductions are met. Previous CEQA Documents Eastern Dublin EIR Section 3.2 in the Eastern Dublin EIR provides the demographics,housing and employment context for the Eastern Dublin Specific Plan.No impacts related to population or displacement of existing housing were identified.Growth inducing impacts associated with implementation of the Eastern Dublin Specific Plan were evaluated in Section 5.2 of the Eastern Dublin EIR. Growth inducing impacts were identified for utilities and community services. Dublin Ranch West SEIR The Dublin Ranch West SEIR determined that supplemental impacts resulting from the Dublin Ranch West project would be less than significant.Implementation of the Dublin Ranch West project would add approximately 428 residents,which would account for a 1 percent increase in the population anticipated for the Eastern Dublin Specific Plan area.This increase was determined to be less than significant.The Dublin Ranch West project proposed minor changes to the planned uses within the planning area;therefore,no supplemental impacts with regard to growth inducement was identified. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to population and housing would result from the Wallis Ranch/Trumark project since development of the affected properties would be consistent with that envisioned in the Eastern Dublin Specific Plan and the City of Dublin General Plan and the Wallis Ranch/Trumark project would result in fewer dwelling units than were previously analyzed in the prior environmental documents. Project Impacts and Mitigation Measures a)Population growth No New Impact.The proposed project would improve the project site as a neighborhood park. No new housing,commercial or industrial space would be developed as part of the proposed project.The proposed project would not result in the conversion of adjacent land uses,or provide access to previously inaccessible areas.It would not provide additional major infrastructure or increase the capacity of the existing water system.Therefore,the proposed project would not result in new significant or substantially more severe significant population growth than was analyzed and described in the prior environmental documents.No additional analysis is required. 591 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 110 b)Housing and resident displacement No New Impact.The proposed project would not displace substantial numbers of existing housing or people,such that replacement housing would need to be constructed elsewhere,as the site is currently vacant.This potential impact would be considered less than significant. Therefore,the proposed project would not result in new significant or substantially more severe significant housing impacts than were analyzed in the prior environmental documents. No additional analysis is required. Source(s) Association of Bay Area Governments and Metropolitan Transportation Commission.2018.Plan Bay Area Projections 2040 A Companion to Plan Bay Area 2040.November.Available online at:http://mtcmedia.s3.amazonaws.com/files/Projections_2040 ABAG MTC web.pdf accessed June 25,2021). Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. United States Census Bureau.QuickFacts.Dublin city,CA.Website: www.census.gov/quickfacts/dublincitycalifornia accessed June 25,2021). Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 592 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 111 Public Services ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 14.PUBLIC SERVICES.Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or need for new or physical altered governmental facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times,or other performance objectives for any of the public services: a. Fire protection?X b. Police protection?X c. Schools?X d. Parks?X e. Other public facilities?X Environmental Setting The proposed project is located within the City of Dublin and is served by the following existing public services. Fire Protection.Fire suppression,emergency medical and rescue services,and other life safety services are provided to the project area and site by the Alameda County Fire Department ACFD).There are three fire stations in Dublin,with the closest to the project site being Fire Station No.18 at 4800 Fallon Rd,approximately 1.25 miles southeast. Police Protection.The Alameda County Sherriff’s Office provides contracted police protection to the project area and project site.The Dublin Police Services headquarters are located at 6361 Clark Avenue,southwest of the project site. Schools.The project site is served by the Dublin Unified School District,which operates seven elementary,two middle,one K 8 and three high schools within the City of Dublin. Parks.The City’s Public Works Department oversees the maintenance of parks and recreational facilities throughout the City. Library Services.The Dublin Library is operated by Alameda County Library,with additional funding from the City of Dublin.The Dublin Public Library is located at 200 Civic Plaza, southwest of the project site. 593 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 112 Regulatory Framework Federal and State Regulations California Fire Code The California Fire Code exists within Part 9 of the CBC,and includes measures for emergency planning preparation and safety.Examples of fire safety requirements include:installation of sprinklers in all high rise buildings;the establishment of fire resistance standards for fire doors, building materials,and particular types of construction;and the clearance of debris and vegetation within a prescribed distance from occupied structures in wildlife hazard areas. California Government Code Sections 65995 to 65998 School Facilities) California Government Code Section 65996 exists to offset the impacts of certain types of development on school facilities by requiring payment of fees to the associated school district prior to receiving a building permit.The school district is therefore responsible for implementing specific methods for mitigating school impacts under the Government Code. Pursuant to California Government Code Section 65995,payment of school impact fees is considered to be full mitigation for reducing impacts on school facilities that would result from implementation of a project. Local Regulations City of Dublin General Plan Chapter 3 of the Land Use Element outlines policies and programs to provide open space both within and apart from development projects,which relate to the provision of park facilities in the City.Those policies are listed in Section 10,Land Use. Section 8.3.2 of the City of Dublin outlines the following policies and programs related to fire hazards and fire protection: Guiding Policy 8.3.2.1.A.1.Require special precautions against fire as a condition of development approval in the western hills and elsewhere in the Extended planning Areas where proposed development would interface with open space. Implementing Policy 8.3.2.1.B.1.Continue to enforce the City’s wild land urban interface regulations. Section 4.2 of the City of Dublin outlines policies and programs related to public schools.As the proposed project would develop a community park to serve the existing neighborhood.Policies related to schools would not apply to the proposed project. 594 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 113 Eastern Dublin Specific Plan Chapter 8.0 of the Eastern Dublin Specific Plan outlines goals,policies and programs to ensure the provision of adequate public services and community facilities in Eastern Dublin.The following policies from the Eastern Dublin Specific Plan related to police and fire services are applicable to the proposed project: Policy 8 5:Time the construction of new facilities to coincide with new service demand in order to avoid periods of reduced service efficiency.The first station will be sited and construction completed prior to completion of initial development in the planning area. Policy 8 4:Provide additional personnel and facilities and revise beats"as needed in order to establish and maintain City standards for police protection service in eastern Dublin. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potential significant impacts related to increased demand for police and fire protection services,fire response to outlying areas,exposure to wildlands hazards,increased demand for schools and school overcrowding,increased demand for parks and impacts on existing park and trail facilities.Mitigation measures were identified to reduce potential impacts to a less than significant level. Dublin Ranch West SEIR Public services were addressed in the Initial Study for the Dublin Ranch West SEIR.No new or more severe impacts beyond those identified in the Eastern Dublin EIR were identified with implementation of the mitigation measures identified in the Eastern Dublin EIR. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to public services would result from the Wallis Ranch project since the project would be required to adhere to previously adopted mitigation measures,including payment of public facility impact fees,and compliance with ACFD and Police Department requirements. Project Impacts and Mitigation Measures a)Fire,police,schools,parks and other public facilities No New Impact.Implementation of the proposed project would improve the site as a neighborhood park to serve the adjacent residential neighborhood.Use of the site could increase as a result of proposed improvements.However,visitors to the site are anticipated to come primarily from the local neighborhood,those people who generally reside within walking 595 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 114 distance of the project site.Because proposed improvements would be for recreation,and would not include housing units or other structures,the incremental increase in demand for public services would not be significant and would not exceed the physical and financial capabilities of the ACFD or the Alameda County Sherriff’s Office,resulting in the need for new or expanded police protection services.Implementation of the proposed project would not result in any local or regional population increase.Therefore,the project would not require construction of new schools,result in schools exceeding their capacities,or result in substantial adverse physical impacts associated with the provision of other public facilities.Therefore,the proposed project would not result in new significant or substantially more severe significant impacts related to public services than were analyzed and described in the prior environmental documents.No additional analysis is required. Source(s) Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 596 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 115 Recreation ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 15.RECREATION.Would the project: a. Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b. Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Environmental Setting The City of Dublin has a variety of outdoor recreational sites including neighborhood parks, community parks,community facilities,open space areas and a series of trail networks. According to the City of Dublin Parks and Recreation Master Plan,the City of Dublin currently has 18 parks,5 deeded park sites,and 6 school parks and City owned open space areas that account for nearly 233 acres of dedicated open space and developed park land.In addition,the City has over 59 acres of undeveloped parkland that has either been offered for dedication by landowners or acquired by the City.In addition,the East Bay Regional Park District EBRPD) operates the Dublin Hills Regional Park,a large open space park with regional trail connections. The Iron Horse Trail runs along the Union Pacific/Southern Pacific Railroad right of way, connecting Dublin,the Dublin/Pleasanton BART station and the City of Pleasanton. Regulatory Framework City of Dublin General Plan Chapter 3 of the Land Use Element outlines policies and programs to provide open space both within and apart from development projects.The following goals and policies related to parks and recreation that are applicable to the proposed project: Guiding Policy 3.4.1.A.1.Expand park area throughout the Primary and Extended Planning Areas to serve new development. Guiding Policy 3.4.1.A.3.Restrict structures on the hillsides that appear to project above major ridgelines.The present undisturbed natural ridgelines as seen from the Primary Planning Area and key travel corridors are an essential component of Dublin’s appearance as a freestanding city ringed by open hills. 597 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 116 Implementing Policy 3.4.1.B.1.Acquire and improve parklands in conformance with the standards and policies in the City’s Parks and Recreation Master Plan. Implementing Policy 3.4.1B.2.Continue to maintain and periodically update the Citywide Parks and Recreation Master Plan.The Master Plan shall provide specific standards for acquiring parkland to support growth planned in the Land Use Element. Implementing Policy 3.4.1.B.3.The policies set forth below,as implemented through the Parks and Recreation Master Plan and development approvals,constitute the action program for preserving and providing open space for outdoor recreation. Guiding Policy 3.4.2.A.1.Provide active parks and facilities which are adequate to meet citywide needs for open space,cultural,and sports facilities,as well as the local needs of the Eastern Extended Planning Area. Guiding Policy 3.4.2.A.2.Establish a trail system with connections to planned regional and sub regional systems,including north south corridors such as East Bay Regional Park District’s trail along Tassajara Creek north to Mt.Diablo State Park. Guiding Policy 3.4.2.A.3.Using the natural stream corridors and major ridgelines, establish a comprehensive,integrated trail network within the Planning Area that permits safe and convenient pedestrian and bicycle access within urban areas and between urban areas and open space areas.Per the 2005 Fallon Village amendment,in order to preserve biological resources,trails in Fallon Village will not be placed along ridgelines and in stream corridors. Implementing Policy 3.4.2.B.1.Require land dedication and improvements for the parks designated in the General Plan for the Eastern Extended Planning Area and based on a standard of 5 net acres per 1,000 residents.Collect in lieu park fees as required by City policies. Implementing Policy 3.4.2.B.2.Require land dedication and improvements for trails along designated stream corridors. Eastern Dublin Specific Plan The Eastern Dublin Specific Plan designates a broad range of open space and park areas to provide for a variety of passive and active recreation uses,including approximately 240 acres designated for developed parkland.The following policies from the Eastern Dublin Specific Plan are applicable to the proposed project: 598 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 117 Policy 4 29:Ensure that park development in eastern Dublin is consistent with the standards and phasing recommended in the City of Dublin's Recreation and Parks Master Plan,and provides a full range of recreational activities from intense active sports to passive open space enjoyment. Policy 4 30:Ensure,as part of the approval process,that each new development provides its fair share of planned open space,parklands,and trail corridors,as shown on Figure 4.1. Policy 4 31:Establish a convenient,multi use,all weather network of trails,including bike lanes,to link planning area parks,recreation facilities,schools,employment centers and major open space areas to each other and to the surrounding community. City of Dublin Municipal Code Chapter 9.28 of the City’s Municipal Code requires the dedication of lands or payment of in lieu fees or a combination of both)for neighborhood and community park or recreational purposes as a condition of approval for a residential subdivision.The City requires the dedication of 5 acres of park land for every 1,000 persons residing within the City.The amount of land to be dedicated,or fees to be paid,relates to the use of the park and recreation facilities by the future inhabitants of the subdivision,as calculated using the metrics established in Chapter 9.28. City of Dublin Parks and Recreation Master Plan The City of Dublin Parks and Recreation Master Plan establishes goals,standards,guiding policies,and action programs to guide the City of Dublin in the acquisition,development and management operations and maintenance)of Dublin’s park and recreation facilities through the ultimate build out of the City in accordance with the General Plan.The Master Plan outlines specific standards for developing,maintaining,and operating the City’s park and recreation system. The Master Plan designates Wallis Ranch Community Park as an Active Community Park.”As defined in the Master Plan,Active Community Parks should offer a variety of recreational opportunities that attract a wide range of local age groups and interests.Active Community Parks should feature large open space areas,unique natural,historic,and/or cultural areas as well as group picnic areas,bicycling and hiking trails,sports facilities,dog runs,community facilities,and other unique features or facilities.” 599 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 118 Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to increased demand for park facilities,fiscal impacts associated with the provision of new park and recreation facilities,and impacts on the regional trail system and open space connections.Mitigation measures were identified to reduce potential impacts to a less than significant level. Dublin Ranch West SEIR The Dublin Ranch West SEIR identified a potentially significant supplemental impact associated with the inadequacy of local neighborhood park acreage within the proposed development, which would be inconsistent with the provisions in the City of Dublin Park and Recreation Master Plan.Supplemental Mitigation Measure PARK 1was identified to reduce this impact to a less than significant level; Supplemental Mitigation Measure PARK 1:Prior to tentative map or Stage 2 Development Plan approval,whichever occurs first,the Project developer shall either a) Revise the land use program for the Dublin Ranch West site to provide an additional 1.04 net acres of Neighborhood Park land use designation;or b) Provide 1.9 net acres of Neighborhood Park land use designation in close proximity to the project site. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to recreation would result from the Wallis Ranch project since the project would dedicate a public park site and provide one private park consistent with Supplemental Mitigation Measure PARK 1 identified in the Dublin Ranch West SEIR. Project Impacts and Mitigation Measures a)Increase the use of existing recreation facilities causing deterioration No New Impact.The proposed project would develop the existing site as a community park, consistent with the City of Dublin Parks and Recreation Master Plan and in compliance with the requirements for provision of park land outlined in the City’s Municipal Code.In accordance with Supplemental Mitigation Measure PARK 1,identified in the Dublin Ranch West SEIR, requires the provision of an additional 1.04 acre of Neighborhood Park area within the Dublin Ranch West site in order to compensate for the elimination of planned parkland designated in the Eastern Dublin Specific Plan and to bring the project into compliance with City park standards.Implementation of the proposed project as a community park would meet the intent 600 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 119 of the mitigation requirement to provide adequate park facilities to serve the proposed development. The proposed project would serve existing demand from residents of the City and the adjacent residential neighborhood.The proposed project would have a beneficial impact to existing recreational facilities,as use at other existing neighborhood and regional parks or other recreational facilities may be reduced.Therefore,no new significant or substantially more severe significant impacts related to existing recreation facilities would result from the proposed project.No additional analysis is required. b)Propose,require new facilities that cause physical effect No New Impact.Refer to Section 15.a.The proposed project would improve the project site for use as a community park,consistent with the City of Dublin Parks and Recreation Master Plan and in compliance with the requirements for provision of park land outlined in the City’s Municipal Code.The intent of the planning process was to minimize adverse physical effects on the environment.Potential adverse effects on the environment related to the development of the proposed project have been evaluated in this Initial Study checklist.No new significant or substantially more severe significant impacts related to new recreation facilities would result from the proposed project.No additional analysis is required. Source(s) Dublin,City of.2015.City of Dublin Parks and Recreation Master Plan. Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Dublin,City of.2021.City of Dublin Municipal Code.May 18.Available online at: www.codepublishing.com/CA/Dublin/accessed June 25,2021) Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 601 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 120 Transportation ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 16.TRANSPORTATION/TRAFFIC.Would the project: a. Conflict with a program,plan,ordinance or policy addressing the circulation system,including transit, roadway,bicycle and pedestrian facilities? X b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3,subdivision b)? X c. Substantially increase hazards due to a geometric design feature e.g.,sharp curves or dangerous intersections)or incompatible uses e.g.,farm equipment)? X d. Result in inadequate emergency access?X Environmental Setting Access to the proposed project site is provide by Tassajara Road,Wallis Ranch Road,and Rutherford Drive.Tassajara Road is an arterial road that provides access from southern Contra Costa County to I 580 and further south into Alameda County.It is four lanes wide from I 580 to Dublin Ranch Road.Wallis Ranch Road and Rutherford Drive are local residential roads that provide access from Tassajara Road to the existing residential development.Both of these roadways provide on street parking and one travel lane in each direction.The two intersections from Tassajara Road in the vicinity of the project site are signalized. Sidewalks and Class II bike lanes are provided along Tassajara Road adjacent to the project site. Sidewalks are also provide along the both Wallis Ranch Road and Rutherford Drive,providing pedestrian connections to the various park improvements. Transit service to the project site is provided by the Livermore/Amador Valley Transit Authority LAVTA),which provides bus service in Dublin and throughout the Tri Valley area.LAVTA Route 2 provides hourly service during peak times on weekdays to the following locations:East Dublin/Pleasanton BART,Hacienda Crossings,Dublin Ranch,Silvera Ranch,Positano and Central Parkway;however,service on this route has been suspended since April 6,2020,as a result of service reductions implemented due to pandemic related ridership losses.An existing transit stop is located along Tassajara Road adjacent to the project site. 602 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 121 Regulatory Framework Regional and Local Regulations Metropolitan Transportation Commission MTC conducts transportation planning,financing,and coordination for the San Francisco Bay Area,including Alameda County.MTC periodically updates the Regional Transportation Plan, which plans for the development of mass transit,highway,airport,seaport,railroad,bike,and pedestrian facilities.The most current Regional Transportation Plan,Transportation 2035, budgets funding for transportation related projects.In addition,MTC and ABAG adopted Plan Bay Area 2040 in 2017,which is a State mandated transportation and land use plan.The Sustainable Communities Strategy outlines a sustainable communities strategy for the region, which aims to integrate transportation,land use,and housing to meet GHG reduction targets established by the California Air Resources Board. Alameda County Congestion Management Program The Alameda County Transportation Commission Alameda CTC)is an independent special district that aims to provide sustainable,accessible,and community focused transportation opportunities.The Alameda CTC is the county’s congestion management agency,providing countywide transportation planning,design and construction of specific highway,pedestrian, and bicycle improvement projects,as well as the promotion of transit oriented development.In accordance with California Statute,Government code 65088,the Alameda CTC prepares the Alameda County Congestion Management Program CMP),which measures the performance of the county’s multi modal transportation system,addresses roadway congestion,and connects transportation and land use.Alameda CTC also maintains a countywide travel mode in compliance with Plan Bay Area 2040 and CMP legislation. The Alameda County CMP contains the following five mandatory elements:1)level of service monitoring;2)performance;3)travel demand management;4)land use analysis program; and 5)capital improvements.The Alameda CTC has also developed information related to Senate Bill 743 and tools for measuring and reducing vehicle miles travelled. City of Dublin General Plan Chapter 5.0,Land Use and Circulation:Circulation and Scenic Highways Element,identifies the City’s transportation and roadway policies.As described in the City of Dublin General Plan,the City aims to provide a comprehensive circulation network that supports multiple modes of transportation including private vehicles,transit,cycling,and walking.The proposed project would be accessed by existing roadways in the project area and would not modify any existing roadways.The following policies from the City of Dublin General Plan relate to the proposed project: 603 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 122 Implementing Policy 5.2.2.B.2.Design and construct all roads in the City’s circulation network as defined in Figure 5 1 as well as bicycle and pedestrian networks as defined in the City of Dublin Bicycle and Pedestrian Master Plan. Guiding Policy 5.2.3.A.1.Provide an integrated multi modal circulation system that provides efficient vehicular circulation while providing a design that allows safe and convenient travel along and across streets for all users,including pedestrians,bicyclists, persons with disabilities,seniors,children,youth,and families;and encourages pedestrian,bicycle,transit,and other non automobile transportation alternatives. Guiding Policy 5.4.3.A.1.Plan for all users by creating and maintaining Complete Streets that provide safe,comfortable,and convenient travel along and across streets including streets,roads,highways,bridges,and other portions of the transportation system) through a comprehensive,integrated transportation network that meets the requirements of currently adopted transportation plans and serves all categories of users. Guiding Policy 5.5.1.A.1.Provide safe,continuous,comfortable and convenient bikeways throughout the City. Guiding Policy 5.5.1.A.2.Improve and maintain bikeways and pedestrian facilities and support facilities in conformance with the recommendations in the Dublin Bicycle and Pedestrian Master Plan. Guiding Policy 5.5.1.A.4.Provide comfortable,safe,and convenient walking routes throughout the City and,in particular,to key destinations such as Downtown Dublin,the BART Stations,schools,parks,and commercial centers. Implementing Policy 5.5.1.B.1.Complete the bikeways systems illustrated on Figures 5 3a and 5 3b. Implementing Policy 5.5.1.B.2.Improve bikeways,bicycle support facilities,and pedestrian facilities in accordance with the Dublin Bicycle and Pedestrian Master Plan in conjunction with development proposals. Implementing Policy 5.5.1.B.3.Ensure on going maintenance of bikeways,bicycle support facilities and pedestrian facilities that are intended for public use and located on private property in conjunction with development proposals. Implementing Policy 5.75.1.B.2.Implement the Eastern Dublin Scenic Corridors Policies and Standards for projects within the Eastern Extended Planning Area. 604 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 123 Eastern Dublin Specific Plan Chapter 5.0 of the Eastern Dublin Specific Plan outlines goals,policies and programs to provide for an integrated,multi modal circulation system that reduces potential traffic impacts by accommodating alternative modes of transportation including walking,bicycles,transit and ridesharing.The following policies from the Eastern Dublin Specific Plan relate to the proposed project: Policy 5 15:Provide a north south trail along Tassajara Creek,and trails along other stream corridors as shown on the Pedestrian and Bicycle System map. Policy 5 17:Establish a bicycle circulation system which helps to serve the need for non motorized transportation and recreation in eastern Dublin that is consistent with the Dublin Bicycle and Pedestrian Master Plan. Policy 5 18:Provide convenient and secure bicycle parking and support facilities at key destinations in eastern Dublin,such as schools,recreation areas,transit stops and commercial centers. Policy 5 19:Parking requirements in eastern Dublin shall be kept to a minimum consistent with actual parking needs.Allowance shall be made for shared parking in mixed use areas.Parking requirements may be reduced wherever it can be demonstrated that use of alternative transportation will reduce parking demand. Policy 5 20:Encourage on street parking on residential collector and local residential streets.Allow on street parking on lower volume arterial streets within commercial areas. City of Dublin Bicycle and Pedestrian Master Plan The City of Dublin Bicycle and Pedestrian Master Plan provides policies,network plans, prioritized project lists,support programs,and best practice design guidelines for bicycling and walking in Dublin.As shown in Figure 5 2 of the Plan,Dublin Existing Proposed Bikeways, Class IIA Bicycle Lanes are proposed along Tassajara Road and a Class I Shared Use Path,the Tassajara Creek Trail,is proposed along Tassajara Creek in proximity to the project site. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potentially significant impacts related to increased traffic associated with implementation of the Eastern Dublin Specific Plan,including impacts to freeway,intersection,and roadway operations,transit service extensions,and potential safety hazards for pedestrians and bicycles at street crossings.Mitigation measures were identified to 605 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 124 reduce most transportation impacts to a less than significant level.These mitigation measures require construction of new roadways,widening and existing roadways,and improvements to local freeway facilities to accommodate increased vehicle traffic associated with proposed development in Eastern Dublin. Several traffic impacts were determined to be significant and unavoidable,even with implementation of mitigation.These impacts include impacts to I 580 between Tassajara Road and Airway Boulevard Impact 3.3/B),cumulative freeway impacts Impact 3.3E),impacts to the Santa Rita Road/I 580 eastbound ramps Impact 3.3/I)and cumulative impacts to Tassajara Road Impact 3.3/N). Dublin Ranch West SEIR The Dublin Ranch West SEIR determined that implementation of the Dublin Ranch West project would result in two potentially significant supplemental impacts associated with traffic operations and safety along Tassajara Road.The following supplemental mitigation measures were identified to reduce potential traffic impacts to less than significant: Supplemental Mitigation Measure TRA 1:The Project developer shall dedicate right of way along the Project frontage and widen Tassajara Road to four lanes between North Dublin Ranch Drive and Project Northern Access to improve roadway segments near the Project. Supplemental Mitigation Measure TRA 2:The Stage 1 Development Plan for the Dublin Ranch West Project shall include the following safety features. c) Install traffic signals at the two Project access roadways due to safety considerations along Tassajara Road. d) Provide an eastbound right turn capacity from Tassajara Road onto the Project main access roadway to accommodate vehicles during the a.m.peak hour. e) Provide northbound left turn capacity from Tassajara Road onto the Project main access roadway,considering anticipated traffic movements to access the Project site during the p.m.peak hour. f) Provide an adequate northbound left turn lane from Tassajara Road onto the Project southern access roadway,considering anticipated traffic movements during the p.m.peak hour. g) Provide an appropriate southbound right turn pocket with an adequate taper Tassajara Road at both access roadways due to safety considerations. 606 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 125 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to transportation would result from the Wallis Ranch project than were previously analyzed in the prior environmental documents.The 2014 Addendum acknowledged that the project would continue to contribute to significant and unavoidable cumulative project impacts as part of the larger Eastern Dublin project,including impacts to I 580 between I 680 and Hacienda Drive,the Santa Rita Road/I 580 eastbound ramps,the Dublin Boulevard/Hacienda Drive and Dublin Boulevard/Tassajara Road intersections,and other impacts to Tassajara Road. Project Impacts and Mitigation Measures a)Conflict with applicable transportation plans standards,including bicycle and pedestrian facilities No New Impact.The Initial Study prepared to support the 2014 Addendum previously evaluated the transportation circulation element of the Wallis Ranch/Trumark Project which included a public park of about 10 acres.Details of amenities included in this park were not known at the time but most parks have amenities including sports courts,picnic facilities,and playgrounds.An assessment was made of the proposed project’s amenities to determine if there were any non standard amenities that would result in additional trip generation not typical of a park of about 9 10 acres.Based on the assessment of the project’s development plan,the proposed project is not proposing any park amenities that would result in a different trip generation than similar parks in the City of Dublin.Additionally,the project is not proposing any changes to transportation access and circulation in the area.Since the proposed project is a slightly smaller than what was previously studied about 9 acres versus about 10 acres),does not include non standard uses that would result in increased trip generation,and does not alter the transportation circulation system,the proposed project would not result in new impacts or substantially more severe significant impacts than were analyzed in the prior environmental documents. The proposed project would not alter or interfere with transit,bicycle or pedestrian facilities. The proposed project would maintain existing sidewalks along Tassajara Road,Wallis Ranch Road,and Rutherford Drive.Pathways within the park would provide pedestrian and bicycle connections to the various park improvements.Impacts to bicyclists,pedestrians,and transit service providers resulting from implementation of the proposed project would remain less than significant and the proposed project would not result in new significant or substantially more severe impacts related to alternative forms of transportation beyond those analyzed in the prior environmental documents.No additional analysis is required. b)Conflict with CEQA Section 15064.3 b) No New Impact.The topic of the project’s contribution to vehicle miles traveled VMT)was not analyzed in the Eastern Dublin EIR,Dublin Ranch West SEIR or 2014 Addendum.This impact is 607 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 126 not required to be analyzed unless it constitutes new information of substantial importance that was not known and could not have been known at the time the previous environmental documents were certified as complete Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and 15163).The impact of increased traffic was analyzed using other methods at the time of certification of the Eastern Dublin EIR,Dublin Ranch West SEIR and 2014 Addendum.Under CEQA standards,it is not considered new information that requires analysis in a Supplemental EIR or negative declaration.Therefore,no supplemental environmental analysis of the project’s impacts on this issue is required under CEQA. c)Substantially increase hazards due to a design feature No New Impact.The proposed project would provide entries to the proposed park elements along existing roadways,including a proposed parking area off of Rutherford Drive.Proposed vehicular access would not change the layout of the roadways in the project vicinity.The design,construction,and maintenance of project site access locations would be in compliance with the City’s Municipal Code.Therefore,the proposed project would not result in new significant or substantially more severe significant impacts beyond those already analyzed in the prior environmental documents.No additional analysis is required. d)Result in inadequate emergency access No New Impact.The proposed project would not result in inadequate emergency access. Emergency vehicle access to the project site would continue to be provided via Tassajara Road, Wallis Ranch Road,and Rutherford Drive.The design,construction,and maintenance of project site access locations would be in compliance with the City’s Municipal Code and would be required to meet all emergency access standards.In addition,through Site Plan Review, emergency services would review proposed plans to ensure that emergency vehicle access and circulation is adequate.Therefore,the proposed project would not result in new significant or substantially more severe significant impacts beyond those already analyzed in the prior environmental documents.No additional analysis is required. Source(s) Alameda County Transportation Commission.2021.Congestion Management Program webpage:www.alamedactc.org/planning/congestion management program/Accessed June 26,2021). Dublin,City of.2014.City of Dublin Bicycle and Pedestrian Master Plan. Dublin,City of.2015.City of Dublin Parks and Recreation Master Plan. Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). 608 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 127 Dublin,City of.2021.City of Dublin Municipal Code.May 18.Available online at: www.codepublishing.com/CA/Dublin/accessed June 25,2021) Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Livermore Valley Transit Authority.2021.Route 2 webpage:www.wheelsbus.com/route/route 2/Accessed June 26,2021). Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 609 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 128 Tribal Cultural Resources Project Impacts and Mitigation Measures a)Listed or eligible for listing in the California Register of Historical Resources or significant pursuant to criteria set forth in subdivision c)of Public Resources Code Section 5024.1 The topic of the project’s potential impacts to tribal cultural resources was not specifically analyzed in the Eastern Dublin EIR,the Dublin Ranch West SEIR,or the 2014 Addendum. However,the Eastern Dublin EIR,the Dublin Ranch West SEIR,and the 2014 Addendum analyzed prehistoric and historic resources and included mitigation measures related to historical and archaeological resources and human remains.These measures are listed in the cultural resources section of this Initial Study Checklist.Additionally,the provisions of Assembly Bill 52 only apply to projects that require public noticing.For an EIR certified prior to July 2015, an Addendum to that EIR does not require consultation pursuant to AB 52.Therefore,the proposed project would not result in significant impact to tribal cultural resources. 610 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 129 Utilities and Service Systems ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 18.UTILITIES AND SERVICE SYSTEMS.Would the project: a. Require or result in the relocation or construction of new or expanded water,wastewater treatment or storm water drainage,electric power,natural gas,or telecommunications facilities the construction or relocation of which could cause significant environmental effects? X b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal,dry and multiple dry years? X c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project projected demand in addition to the provider’s existing commitments? X d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure,or otherwise impair the attainment of solid waste reduction goals? X e. Comply with federal,state,and local statutes and regulations related to solid waste? X Environmental Setting A variety of local and regional providers in this area operate and maintain utility and service system facilities associated with electricity,water,stormwater,wastewater,solid waste, communications and natural gas. Water.The Dublin San Ramon Services District DSRSD)provides water service at the project site.DSRSD is responsible for providing both potable and recycled water to the City of Dublin, and the Dougherty Valley area of the City of San Ramon in Contra Costa County.DSRSD’s water service area also includes Camp Parks,the Federal Correctional Institution FCI),and Alameda County’s Santa Rita Jail.Zone 7 supplies treated potable water to DSRSD.Treated potable water enters DSRSD’s distribution system from five metered turnouts from the Zone 7 transmission system. To reduce the demand for potable water,DSRSD promotes water recycling and is a member of the WaterReuse Association.In 1995,DSRSD and EBMUD,through a joint powers agreement, formed the DSRSD EBMUD Recycled Water Authority DERWA).DERWA serves as a wholesaler to deliver recycled water to DSRSD and EBMUD,who in turn deliver the recycled water to their 611 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 130 respective service areas.DERWA’s San Ramon Valley Recycled Water Project SRVRWP) provides a backbone distribution system that delivers recycled water to both DSRSD and EBMUD distribution systems.DSRSD’s recycled water treatment facilities delivers recycled water to the SRVRWP.Recycled water is produced at DSRSD’s wastewater treatment plant at the Recycled Water Treatment Facility RWTF).The RWTF produces recycled water that meets the California Title 22 requirements for unrestricted reuse. Wastewater.Wastewater collection and treatment services are also provided by DSRSD for the City of Dublin,City of Pleasanton,Camp Parks,FCI,Santa Rita Jail,and the southern portion of San Ramon.DSRSD owns and operates a wastewater treatment plant in Pleasanton that has a capacity of 17 million gallons per day MGD).The existing wastewater service area encompasses approximately 13,340 acres,or 20.85 square miles.Within the wastewater service area there are currently 207 miles of gravity mains,one permanent lift station,and one temporary lift station.The permanent lift station has 26 feet of force main. Stormwater.Drainage and flood control in the Eastern Dublin area is the responsibility of the City of Dublin and Zone 7.Zone 7 is responsible for master planning,overseeing construction coordination and maintaining major storm drain channels and culverts in Eastern Dublin.The City has jurisdiction and maintenance responsibility for local storm drains that discharge to the Zone 7 flood control system.Runoff from the project area drains to Tassajara Creek,which flows south to connect with Zone 7 facilities south of I 580. Electricity.The Pacific Gas and Electric Company PG&E)provides electric and natural gas service to the San Francisco Bay region.As described in the Eastern Dublin Specific Plan,PG&E has major electrical services to the old Santa Rita facility,and minor lines to existing homes.A PG&E gas pipeline parallels I 580 to the south,crossing I 580 at Tassajara Road and proceeding west along the north side of the freeway.A regulator station exists at the north side of this I 580 crossing,and is the connection point for the gas distribution system for the Eastern Dublin area. Solid Waste.The City of Dublin enters into a Franchise Agreement with a private solid waste collection company for residential and commercial garbage collection.The City also has a comprehensive recycling program that collects both recycling and organics.All single family residences and commercial businesses are provided with recycling containers and all multi family residences have access to recycling services. Solid waste generated within the City is deposited at the Altamont Landfill which has a total estimated permitted capacity of 62 million cubic yards.The Altamont Landfill is approximately 26 percent full and is estimated to reach capacity in January 2029. 612 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 131 Regulatory Framework Federal and State Regulations California Urban Water Management Planning Act Under the California Water Code and Urban Water Management Planning Act of 1983,all California urban water suppliers are required to prepare and adopt an Urban Water Management Plan UWMP)every five years,which promotes water conservation and efficiency measures.Urban water suppliers that serve more than 3,000 customers or are supplying more than 3,000 acre feet of water annually are subject to this Act.This Act requires that the total project water use be compared to water supply sources over the next 20 years in five year increments.Planning must occur for all drought years and must include a water recycling analysis that incorporates a description of the wastewater collection and treatment system, outlining existing and potential recycled water uses.In September 2014,the Act was amended by SB 1420,which now requires urban water suppliers to provide descriptions of their water demand management measures and similar information. Water Conservation Act of 2009 The Water Conservation Act of 2009 SB X7 7)requires all water suppliers to increase water use efficiency by reducing per capita urban water use by 20 percent by December 31,2020.This bill also set a goal for the state of reducing per capita water use by at least 10 percent by December 31,2015. California Integrated Waste Management Act AB 939) AB 939 established the California Integrated Waste Management Board under CalRecycle, which required all counties within California to prepare integrated waste management plans. Additionally,it changed the focus of solid waste management from landfill to diversion strategies e.g.,source reduction,recycling,and composting),and required all municipalities to divert 25 percent of their solid waste from landfill disposal by January 1,1995 and fifty percent by the year 2000. California Mandatory Commercial Recycling Law AB 341) AB 341 was enacted to help meet California’s recycling goal of 75 percent by the year 2020.AB 341 requires all commercial businesses and public entities that generate 4 cubic yards or more of waste per week to have a recycling program in place.In addition,multi family apartments with five or more units are also required to form a recycling program.In addition,each local government jurisdiction will implement a commercial solid waste recycling program that consists of education,outreach and monitoring of businesses,designed to divert commercial solid waste from businesses.Each jurisdiction will report the progress achieved in implementing its commercial recycling program,including education,outreach and monitoring,and if applicable,enforcement efforts and exemptions,by providing updates in its electronic annual 613 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 132 report.CalRecycle will review each jurisdiction’s commercial recycling program that consists of education,outreach and monitoring. Mandatory Organics Recycling AB 1826 In October 2014 Governor Brown signed AB 1826,requiring businesses to recycle their organic waste on and after April 1,2016,depending on the amount of waste they generate per week. This law also requires that on and after January 1,2016,local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses,including multifamily residential dwellings that consist of five or more units.Organic waste means food waste,green waste,landscape and pruning waste,nonhazardous wood waste,and food soiled paper waste that is mixed in with food waste.This law phases in the mandatory recycling of commercial organics over time,while also offering an exemption process for rural counties.In particular,the minimum threshold of organic waste generation by businesses decreases over time,which means an increasingly greater proportion of the commercial sector will be required to comply. CALGreen Building Code CALGreen requires mandatory green standards that all buildings in California must abide by, including:reducing indoor water use,reducing wastewater,recycling and/or salvaging nonhazardous construction and demolition debris,and providing readily accessible areas for recycling by the occupant.The code includes different categories such as energy,water, material,and resource efficiency.These standards include a mandatory set of minimum guidelines,as well as more stringent voluntary measures for new construction projects that local communities can opt into. Local Regulations 2015 Urban Water Management Plan UWMP) Water is provided to the project site by DSRSD.The DSRSD adopted a UWMP in 2016 as per SB X7 7 and the Urban Water Management Planning Act Section 10610 of Division 6 of the California Water Code).These plans are prepared every five years and must address the reliability of water sources within the following 20 years as well as other demand management measures and water shortage contingency plans.Additionally,the UWMP identifies strategies to meet requirements under SB X7 7 by reporting on progress towards meeting a 20 percent reduction for per capita urban water use by the year 2020.The UWMP also plans for emergencies and times of water shortage.DSRSD is currently in the process of updating the UWMP. 614 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 133 City of Dublin General Plan Chapter 4.0,Land Use and Circulation:Schools,Public Lands,and Utilities Element,identifies the City’s policies related to the provision of public services and utilities in the City.The following policies from the City of Dublin General Plan relate to the proposed project: Guiding Policy 4.4.1.A.1.Ensure that adequate solid waste disposal capacity is available, to avoid constraining development,consistent with the Dublin General Plan. Implementing Policy 4.4.1.B.3.Prior to project approval,the applicant shall demonstrate that capacity will exist in solid waste disposal facilities for their project prior to the issuance of building permits. Guiding Policy 4.5.1.A.1.Expand sewage treatment and disposal capacity to avoid constraining development consistent with the Dublin General Plan. Implementing Policy 4.5.1.B.1.Prior to project approval,developers shall demonstrate that adequate capacity will exist in sewage treatment and disposal facilities for their projects prior to the issuance of building permits. Guiding Policy 4.6.1.A.1.Base General Plan proposals on the assumption that water supplies will be sufficient and that local wells could be used to supplement imported water if necessary. Implementing Policy 4.6.1.B.1.Consider obtaining water service from the East Bay Municipal Utility District and other sources. Eastern Dublin Specific Plan Chapter 8.0 of the Eastern Dublin Specific Plan outlines goals,policies and programs related to the provision of community services and facilities in Eastern Dublin.The following policies from the Eastern Dublin Specific Plan relate to the proposed project: Policy 8 7:Support ACWMA efforts to develop alter hate disposal facilities for organic waste in the Tri Valley area,particularly for composting and reuse of organic material. Policy 8 8:Encourage the separation of recyclable materials from the general waste stream by supporting the development of a recycling collection system and facilities. Policy 8 9:Coordinate with Pacific Gas and Electric and Pacific Bell in planning and scheduling future facilities which will serve eastern Dublin. 615 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 134 Chapter 9.0 of the Eastern Dublin Specific Plan outlines goals,policies and programs related to water,wastewater and storm drainage in Eastern Dublin.The following policies from the Eastern Dublin Specific Plan relate to the proposed project: Policy 9 1:Provide an adequate water supply system and related improvements and storage facilities for all new development in the Eastern Dublin Specific Plan area. Policy 9 3:Provide for public wastewater collection,treatment and disposal for all new development in the Eastern Dublin Specific Plan area. Policy 9 6:Ensure wastewater treatment and disposal facilities are available to meet the needs of future development in eastern Dublin.The City should support DSRSD's and TWA's wastewater management plans as they relate to the Eastern Dublin Specific Plan area. Policy 9 7:Require drainage facilities that will minimize any increased potential for erosion or flooding. Policy 9 8:Require channel improvements consist of natural creek bottoms and side slopes with natural vegetation where possible to meet Policy 9 7 above.See also Policy 7 11.) Policy 9 9:Plan facilities and select management practices in the Eastern Dublin Specific Plan area that protect and enhance water quality. Previous CEQA Documents Eastern Dublin EIR The Eastern Dublin EIR identified potential significant impacts related to lack of a wastewater collection system,extension of a sewer trunk line with capacity to serve new developments, limited treatment plant capacity and wastewater disposal capacity,increased energy use for wastewater treatment and wastewater disposal,potential failure of the export disposal system, pump station noise and odors,storage basin odors and potential failure,recycled water system operations,recycled water storage failure,loss of recycled water system pressure,and secondary impacts from recycled water system operation.Mitigation measures were identified to reduce most wastewater impacts to a less than significant level.Impacts associated with increased energy use for wastewater treatment and disposal were determined to be significant and unavoidable,even with implementation of mitigation. The Eastern Dublin EIR also identified potential significant impacts related to overdraft of local groundwater resources,increased demand for water,additional treatment plant capacity,lack of a water distribution system,inducement of substantial growth,increase in energy usage 616 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 135 through operation of the water distribution system,potential water storage reservoir failure, potential loss of system pressure,and potential pump station noise.Mitigation measures were identified to reduce most water impacts to a less than significant level.Impacts associated with increased energy use for water distribution and population growth were determined to be significant and unavoidable,even with implementation of mitigation. Potentially significant impacts related to storm drainage identified in the Eastern Dublin EIR are described in Section 9.0,Hydrology and Water Quality. Dublin Ranch West SEIR The Dublin Ranch West SEIR identified no supplemental impacts resulting from the Dublin Ranch West project because the Dublin Ranch West project would result in the same type and density of development assumed in the Eastern Dublin EIR;therefore,demand for utilities would not differ significantly from that analyzed as part of the Eastern Dublin EIR. 2014 Addendum The 2014 Addendum determined that no new or more severe impacts related to utilities and service systems would result from the Wallis Ranch project than were previously analyzed in the prior environmental documents. Project Impacts and Mitigation Measures a)Require relocation or construction of new or expanded water,wastewater treatment or storm water drainage,electric power,natural gas or telecommunications facilities No New Impact.Implementation of the proposed project would result in the construction of new park improvements,including a restroom and drinking fountains as well as landscape and turf areas that would require irrigation.These facilities would be located adjacent to existing roadways and could be connected to the existing public service system,including local water and sewer.These connections would not be considered major”lines because these improvements would be made as additions to the existing infrastructure. It is expected that the relatively small amount of wastewater generated from park improvements e.g.,one restroom)and increased water demand can be accommodated by local sanitary treatment systems and water supply infrastructure and would not require relocation or construction of new or expanded wastewater facilities or water systems. As described in Section 9,Hydrology and Water Quality,the proposed project would be required to comply with the MRP that requires implementation of measures for site design, source control,runoff reduction,stormwater treatment,and baseline hydromodification management.Hydromodification is the alteration of the natural flow of water through a landscape,and often takes the form of creek channel erosion.Hydromodification is one of the 617 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 136 leading sources of impairment in streams,lakes,and estuaries.The MRP also requires implementation of LID Standards.Compliance with these measures would ensure that additional stormwater runoff resulting from the proposed project would be retained and infiltrated on site before being discharged into the storm drain system.Therefore,the proposed project would not require or result in the construction of new stormwater drainage facilities or the expansion of existing facilities. As described in the Project Description,lighting is proposed to promote security and safety for park users and to accommodate nighttime use of the sports courts.Proposed lighting would tie into existing electric utilities and is not anticipated to generate substantial additional demand such that new facilities or expansion of facilities would be required. The proposed project is consistent with the type and intensity of development analyzed in the Eastern Dublin EIR,the Dublin Ranch West SEIR and the 2014 Addendum.No new significant or substantially more severe significant impacts related to expanded water,wastewater, stormwater,electric power natural gas,or telecommunication facilities would occur beyond those analyzed in the prior environmental documents.No additional analysis is required. b)Sufficient water supply No New Impact.Proposed landscaping would be either native species or drought tolerant species for water conservation;however,the turf grass areas would require typical maintenance such as fertilizer and irrigation.An automatic irrigation system would be designed to minimize water use and be adapted to weather conditions.Additionally,the proposed restroom and water fountains would not generate substantial additional demand for potable water.Therefore,sufficient water supplies would be available to serve the project and reasonably foreseeable future development during normal,dry and multiple dry years. The size and intensity of proposed development associated with the park project is consistent with the level of development anticipated in the prior environmental documents.Therefore, the proposed project would not result in any new significant or substantially more severe significant impacts as compared to those impacts analyzed in the prior environmental documents.No additional analysis is required. c)Sufficient wastewater capacity No New Impact.Refer to Section 18.a for a discussion of the proposed project’s impacts to wastewater treatment.The proposed project would result in a very minor contribution to the daily permitted capacity of the DSRSD’s wastewater treatment plant and would not exceed the plant capacity.Therefore,the proposed project would not result in any new significant or substantially more severe significant impacts as compared to those impacts analyzed in the prior environmental documents.No additional analysis is required. 618 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 137 d e)Adequate landfill and compliance No New Impact.Operation of the proposed project is not anticipated to generate a significant amount of solid waste.Users of the Wallis Ranch Park and other recreation facilities at the project site would dispose of garbage,but not in amounts that would greatly exceed average per capita garbage generation rates.In addition,recycling receptacles would be located throughout the park,allowing the proposed project to be in full compliance with waste diversion goals mandated by the California Integrated Waste Management Act. The amount of solid waste generated by both users of the park and construction of park facilities or infrastructure would not substantially decrease the amount of space in the Altamont Landfill.Solid waste disposal off site would comply with all local,State,and federal requirements.Therefore,the proposed project would not result in any new significant or substantially more severe significant impacts as compared to those impacts analyzed in the prior environmental documents.No additional analysis is required. Source(s) California Department of Resources Recycling and Recovery CalRecycle).2020.Website: www.calrecycle.ca.gov/Recycle/Commercial/accessed September 15,2020) Dublin,City of.2017.City of Dublin General Plan,Adopted February 11,1985 Amended as of November 21,2017). Dublin,City of.2021.City of Dublin Municipal Code.May 18.Available online at: www.codepublishing.com/CA/Dublin/accessed June 25,2021) Dublin San Ramon Services District.2019.2017 Wastewater Collection System Master Plan Final Report.December.Available online at: www.dsrsd.com/home/showpublisheddocument/7233/637244492827570000 accessed June 27,2021). Dublin San Ramon Services District.2016.Final 2015 Urban Water Management Plan.June. Available online at: www.dsrsd.com/home/showpublisheddocument/2890/636057351291330000 accessed June 27,2021). Haag,Jerry.2004.Dublin Ranch West Project,Final Supplemental Environmental Impact Report.November. Haag,Jerry.2014.Wallis Ranch/Trumark Project PLPA 2013 00035,Initial Study.April 22. Wallace Roberts Todd.2016.Eastern Dublin Specific Plan.January 7,1994 Updated September 20,2016). 619 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 138 Wallace Roberts Todd.1992.Final Environmental Impact Report,State Clearinghouse Number 91103064 Eastern Dublin General Plan Amendment and Specific Plan. December 7. 620 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 139 Wildfire Project Impacts and Mitigation Measures a d)Impair an emergency response plan,exposure to wildfire,require installation or maintenance of infrastructure,exposure of flooding or landslides The Eastern Dublin EIR and the Dublin Ranch West SEIR were certified prior to the mandatory analysis of wildfire impacts.However,wildfire risks were adequately discussed in Section 8.h. The proposed project would not create significant impacts related to wildfire.No additional analysis is required. 621 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 140 Mandatory Findings of Significance ENVIRONMENTAL IMPACTS Issues Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No New Impact 18.MANDATORY FINDINGS OF SIGNIFICANCE.Does the project: a. Have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Have impacts that are individually limited,but cumulatively considerable?Cumulatively considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects,and the effects of probable future projects.) X c. Have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? X Significant Impacts Construction and operation of the proposed project would not substantially degrade the quality of the environment;reduce the habitat,population,or range of a plant or animal species;or eliminate important examples of California history or prehistory.Potential impacts to biological and cultural resources,including special status species,sensitive habitat,riparian areas and wetlands,nesting birds,historic and pre historic resources were analyzed in the Eastern Dublin EIR and the Dublin Ranch West SEIR.Construction related air quality and noise impacts were also evaluated in the prior environmental documents. The proposed project would construct park improvements within the site designated for park use;therefore,the intensity of development proposed is consistent with that evaluated in the prior environmental documents.In addition,the proposed project would implement the applicable mitigation measures identified in the prior environmental document.With implementation of these mitigation measures,the proposed project would result in less than significant impacts to the quality of the environment.No new impacts or substantially more severe significant impacts would occur.No additional analysis is required. 622 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 141 Cumulative Impacts Cumulative impacts associated with implementation of the proposed project were considered and evaluated in the Eastern Dublin EIR,Dublin Ranch West SEIR,and the 2014 Addendum.No new cumulative impacts or substantially more severe significant cumulative impacts were identified as a result of implementing the proposed park project. 623 City of Dublin WALLIS RANCH PARK PROJECT Addendum to the Eastern Dublin EIR and the 2005 Dublin Ranch West SEIR|Page 142 This page intentionally left blank. 624 Liverm ore SOURCE: ESRI World Street Maps (2021). I:\DUB1601.03\GIS\Maps\Figure 1_Regonal Location.mxd (6/29/2021) FIGURE 1 Wallis Ranch ParkProjectDublin, Alameda County, CaliforniaRegionalLocation Project Vicinity 0 1000 2000 FEET LEGEN D Project Parcels Project Location Project Site 625 TTassajara Rd Fallon RdTassajara RdTassajara RdWallis Ranch DrRutherford 626 627 628 629 630 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.11 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Annual Review of City’s Investment PolicyPrepared by:Chris Rhoades,Financial Analyst EXECUTIVE SUMMARY:The City Council will review the City’s Investment Policy as per the City’s annual practice. The policy includes an update to replace the titles of Administrative Services Director and Assistant Administrative Services Director with Finance Director and Assistant Finance Director,respectively, as approved by the City Council on June 20, 2023. The City Council will also consider adopting a resolution completing the Annual Review of the Investment Policy and designating positions authorized to complete investment transactions. 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 2023 Annual Review of Investment Policy and Delegation of Authority to Complete Investment Transactions. FINANCIAL IMPACT:None. DESCRIPTION:The current 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 6, 2022, with changes to several sections to enable the City to purchase securities with a final maturity greater than five years, for securities permitted by California Government Code.After consultation with the City’s investment advisor, Chandler Asset Management, the 2023Annual Review of Investment Policy proposes no operational changes to the Policy. The Policy 631 Page 2 of 2 incorporates best practices recommended by Chandler, complies with California Government Code, and includes the ability to carve out a longer duration strategy with the ability to invest beyond five years in specific asset classes. The Policy continues to reflect the City’s primary investment objectives of Safety, Liquidity, Return, and Diversification. Change to the Delegation of AuthoritySection IV of the Policy specifically designates the Finance Director as the City Treasurer and the City Manager and/or Assistant Finance Director as the Deputy City Treasurer. This incorporates a change to position titles, replacing the Administrative Services Director and Assistant Administrative Services Director titles, which were changed with City Council approval on June 20, 2023. The attached Resolution documents the annual review and confirms the delegation of authority to Staff to complete investment transactions. The Policy is attached 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 2023 Annual Review 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 Dublin3) 2023 Statement of Investment Policy for the City of Dublin (Redline) 632 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE 2023 ANNUAL REVIEW 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 6, 2022; 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 amendments to the Investment Policy to change the Administrative Services Director title to Finance Director and the Assistant Administrative Services Director title to Assistant Finance Director; and WHEREAS, the City Council reviewed the Investment Policy at the August 15, 2023 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 2023 Annual Review of the 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 the City Treasurer and the City Manager and/or Assistant Finance Director designated as the Deputy City Treasurer), as described in Section IV of the Policy. {Signatures on following page} 633 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 634 Attachment 2 1 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 August 15, 2023 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: I)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. 2)Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet its reasonably anticipated cash flow requirements. 635 2 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 and/or Assistant Finance Director 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 and sell investment securities in accordance with this investment policy. Such managers must be registered under the Investment Advisors Act of 1940. 636 3 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 acts 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 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. 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. 637 4 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 the 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 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. 638 5 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 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, over 639 6 collateralization, 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. 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, 640 7 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: 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 2. 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. 3. 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: 1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 2. 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. 3. 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. California Asset Management Program (CAMP). Shares of beneficial interest issued by a joint powers authority organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (n), inclusive of Government Code Section 53601. For due diligence, the Treasurer shall maintain on file a copy of CAMP's current Information Statement. 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 641 8 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. 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 Policy, the percentage or dollar portfolio limitations listed in 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 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. Securities are purchased with the intent to hold to maturity. 642 9 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. 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. 643 10 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: 1) The maximum stated final maturity of individual securities in the portfolio shall be five years, unless otherwise stated in this policy; 2) The City shall maintain a minimum of three months of budgeted operating expenditures in cash, cash equivalents and short term investments; and 3) 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 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; 2) 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. 3) 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 4) 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: a) Any actions taken related to the downgrade by the investment manager will be communicated to the City in a timely manner. b) If a decision is made to retain the security, the credit situation will be monitored and reported back to the City. 644 11 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 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 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 645 12 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. 646 13 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. 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. 647 14 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. 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. 648 15 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. DIVERSIFI CATI0N: 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. 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). 649 16 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. 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 650 17 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. 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 651 18 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. 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 a prudent person, acting in 652 19 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 in 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 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 653 20 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. 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. 654 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 6, 2022 August 15, 2023 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: I) 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. 2) Liquidity: The City's investment portfolio will remain sufficiently liquid to enable the City to meet its reasonably anticipated cash flow requirements. 1 655 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 Administrative Services Finance Director shall be designated as the City Treasurer and the City Manager and/or Assistant Administrative Services Assistant Finance Director 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 and sell investment securities in accordance with this investment policy. Such managers must be registered under the Investment Advisors Act of 1940. 2 656 3 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 acts 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 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. 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. 657 4 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 the 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 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. 658 5 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 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, over 659 6 collateralization, 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. 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, 660 7 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: 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 2. 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. 3. 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: 1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 2. 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. 3. 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. California Asset Management Program (CAMP). Shares of beneficial interest issued by a joint powers authority organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (n), inclusive of Government Code Section 53601. For due diligence, the Treasurer shall maintain on file a copy of CAMP's current Information Statement. 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 661 8 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. 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 Policy, the percentage or dollar portfolio limitations listed in 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 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. Securities are purchased with the intent to hold to maturity. 662 9 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. 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. 663 10 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: 1) The maximum stated final maturity of individual securities in the portfolio shall be five years, unless otherwise stated in this policy; 2) The City shall maintain a minimum of three months of budgeted operating expenditures in cash, cash equivalents and short term investments; and 3) 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 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; 2) 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. 3) 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 4) 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: a) Any actions taken related to the downgrade by the investment manager will be communicated to the City in a timely manner. b) If a decision is made to retain the security, the credit situation will be monitored and reported back to the City. 664 11 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 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 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 665 12 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. 666 13 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. 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. 667 14 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. 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. 668 15 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. DIVERSIFI CATI0N: 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. 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). 669 16 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. 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 670 17 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. 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 671 18 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. 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 a prudent person, acting in 672 19 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 in 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 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 673 20 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. 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. 674 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.12 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:City Treasurer's Informational Report of Investments for the Quarter Ending June 30, 2023Prepared by:Chris Rhoades,Financial Analyst EXECUTIVE SUMMARY:The City Council will receive an informational report of the City’s investments through the quarter ending June 30, 2023 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $401,109,378 (market value) with an average market yield of 4.92%. As required by the Policy, the City Treasurer (Finance Director) affirms that the City is able to meet its expenditure requirements for the next six months. STAFF RECOMMENDATION:Receive the City Treasurer's Informational Report of Investments for the Quarter Ending June 30, 2023. FINANCIAL IMPACT:There is no financial impact resulting from this report. Investments are made in accordance with the City Investment Policy and State Law. Interest earned is apportioned between funds (i.e., General Fund, Gas Tax Fund, etc.) based upon their proportionate share of the total cash balance. Based on the financial needs of the City including the timing of revenues and expenditures, the quarterly cash balance can vary from quarter to quarter. DESCRIPTION:The total investment portfolio (market value) consists of $280,145,373 managed by Chandler Asset Management (Chandler), and $120,964,005 invested by the City in local government pools, the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP). The average market yield of the Chandler portfolio and the local pools was 4.98% and 4.78%,respectively. 675 Page 2 of 4 The total investment portfolio balance fluctuates throughout the year due to normal cash flow needs and includes both discretionary and restricted funds. Economic Update HighlightsThe following are some highlights from the Economic Update included in the Investment Report prepared by Chandler (Attachment 1).Recent economic data continues to suggest positive but below trend growth this year. Although the pace of job growth is moderating, labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Inflationary trends are subsiding, but core levels remain well above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, Chandler believes the economy will gradually soften and the Fed will remain data dependent as they tread cautiously going forward.City of Dublin PortfolioThe City's aggregate portfolio has maintained a healthy balance of investment types with minimal change from the prior quarter as shown below in Chart 1, except for CAMP due to additional funds having been deposited from the receipt of property taxes. Chart 1: Investments by TypeJune 30, 2023 and March 31, 2023 The market value of the City's portfolio increased by $13,072,212 from the March 31, 2023quarter. The quarterly change results from the normal fluctuations in the timing of incoming revenue, predominantly the receipt of property tax allocations and sales tax revenue, expenditures on capital projects, and payments to Alameda County for Police and Fire Services. The City’s portfolio increased by $22.8 million from the same quarter the prior year (see Table 1 below). Overall market yield-to-maturity has increased to 4.92%, (shown in Table 2) due to the factors discussed in the Economic Update Highlights. For detailed monthly transactions, see 676 Page 3 of 4 Attachment 2. Table 1: Portfolio Values and Yield to Maturity Table 2: Quarterly Holdings (Market Value) by Type, and YTM, 5Quarters Funds Managed by the City The City participates in two local agency investment pools managed by government finance professionals and treasurers: the Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP). The following table shows recent quarterly yields in those portfolios. June 30, 2022 March 31, 2023 Holdings Market Value Market Value Par Value Book Value Market Value % of Subtotal % of Total Portfolio Book Yield Market Yield Managed by City LAIF 50,464,181 25,917,596 26,092,229 26,092,229 26,092,229 21.6%6.3%3.26%3.26% CAMP 89,240,308 80,625,562 94,675,879 94,675,879 94,675,879 78.4%22.9%5.20%5.20% SUBTOTAL 139,704,489 106,543,157 120,768,108 120,768,108 120,768,108 100.00%29.22%4.78%4.78% Accrued Interest 86,800 166,760 195,897 139,791,289 106,709,917 120,964,005 Managed by Chandler ABS 26,693,153 30,171,153 28,895,839 28,893,798 28,186,820 10.1%7.0%2.41%5.79% Agency 56,641,842 60,517,635 56,095,000 56,292,043 53,795,750 19.3%13.6%2.12%5.06% CMO 3,966,300 3,874,342 6,815,000 6,882,986 6,570,900 2.4%1.6%2.64%4.92% Commercial paper - - - - 0.0%0.0%0.00%0.00% Money Market 3,039,481 760,481 2,641,554 2,641,554 2,641,554 0.9%0.6%4.70%4.70% Negotiable CD 2,486,275 - - - - 0.0%0.0%0.00%0.00% Supranational 19,403,787 16,860,396 18,240,000 18,220,629 16,711,738 6.0%4.4%0.67%4.91% Corporate 62,892,216 71,092,672 75,325,000 75,308,479 71,551,741 25.7%18.2%2.56%5.24% US Treasury 62,468,441 96,639,811 104,500,000 104,163,006 99,278,149 35.6%25.3%2.60%4.54% SUBTOTAL 237,591,496 279,916,489 292,512,392 292,402,494 278,736,651 100.00%70.78%2.38%4.98% Accrued Interest 926,068 1,410,760 1,408,723 238,517,564 281,327,249 280,145,373 TOTAL PORTFOLIO 378,308,853 388,037,166 413,280,500 413,170,602 401,109,378 100.00%4.92% 46,049,724 17,131,065 22,800,525 7,402,752 29,227,114 13,072,212 June 30, 2023 Change from Prior Year Change from Prior Quarter Holdings (Market Value)6/30/22 9/30/22 12/31/22 3/31/23 6/30/23 LAIF/CAMP 139,704,489 129,243,283 81,925,950 106,543,157 120,768,108 ABS 26,693,153 27,760,436 31,285,896 30,171,153 28,186,820 Agency 56,641,842 53,062,995 58,714,486 60,517,635 53,795,750 CMO 3,966,300 3,839,610 3,843,615 3,874,342 6,570,900 Commercial Paper - - 4,982,197 - - Money Market 3,039,481 286,323 4,923,898 760,481 2,641,554 Negotiable CD 2,486,275 2,497,243 - - - Supranational 19,403,787 16,428,894 16,569,068 16,860,396 16,711,738 Corporate 62,892,216 63,373,439 65,378,464 71,092,672 71,551,741 US Treasury 62,468,441 65,877,816 89,783,810 96,639,811 99,278,149 Accrued Interest 1,012,868 1,069,574 1,402,667 1,577,520 1,604,620 TOTAL 378,308,853 363,439,614 358,810,052 388,037,166 401,109,378 YIELD TO MATURITY 2.48%3.66%4.39%4.39%4.92% 677 Page 4 of 4 Table 3: Quarterly Portfolio Yields, Recent 8 Quarters Market Yield LAIF CAMP Chandler 9/30/21 0.21%0.05%0.56% 12/31/21 0.22%0.05%0.91% 3/31/22 0.42%0.07%2.38% 6/30/22 0.94%1.40%3.20% 9/30/22 1.60%2.61%4.47% 12/31/22 2.23%4.50%4.57% 3/31/23 2.88%4.92%4.37% 6/30/23 3.26%5.20%4.98% STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) City of Dublin Investment Report for Period Ending June 30, 20232) Transaction Ledger – April through June 2023 678 CHANDLER ASSET MANAGEMENT, INC. | 800.317.4747 | www.chandlerasset.com INVESTMENT REPORT Period Ending June 30, 2023 City of Dublin Attachment 1 679 SECTION 1 Economic Update SECTION 2 Account Profile SECTION 3 Consolidated Information SECTION 4 Portfolio Holdings SECTION 5 Transactions Table of Contents As of June 30, 2023 1 680 SECTION |Section 1 |Economic Update 2 681 Economic Update Recent economic data continues to suggest positive but below trend growth this year.Although the pace of job growth is moderating,labor markets remain solid,and the U.S.consumer has demonstrated resiliency.Inflationary trends are subsiding, but core levels remain well above the Fed’s target.Given the cumulative effects of restrictive monetary policy and tighter financial conditions,we believe the economy will gradually soften and the Fed will remain data dependent as they tread cautiously going forward. At the June meeting,the Federal Open Market Committee paused in their rate hiking campaign after ten straight rate increases and left the target Federal Funds rate in the current range of 5.00 -5.25%.Market participants viewed the FOMC’s decision as a ‘hawkish’ pause, expecting further tightening in the future,primarily based on the updated release of the FOMC’s Summary of Economic Projections (SEP)forecast which reflected a stronger economic outlook and higher rates compared to the March forecast. We believe the resiliency of future economic data will determine if the Federal Reserve can stay on hold for a period of time or will be forced to tighten policy further to bring inflation back down towards their 2% policy objective. The yield curve remainedinverted in June.The 2-year Treasury yield surged 50 basis points to 4.90%,the 5-year Treasury yield rose 40 basis points to 4.16%,and the 10-year Treasury yield increased 19 basis points to 3.84%.The inversion between the 2-year Treasury yield and 10-year Treasury yield widened to -106 basis points at June month-end versus -76 basis points at May month-end.The spread between the 2-year Treasury and 10- year Treasury yield one yearago was +6 basis points.The inversion between 3-month and 10-year Treasuries narrowed to -146 basis points in June from -176 basis points in May. The shape of the yield curve indicates that the probability of recession is increasing. 3 682 Employment -400 -200 0 200 400 600 800 1,000 MO M C h a n g e I n T h o u s a n d s ( 0 0 0 ' s ) Nonfarm Payroll (000's) Non-farm Payroll (000's) 3 month average (000's) 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% Unemployment Rate Underemployment Rate (U6) Unemployment Rate (U3) Ra t e ( % ) The U.S.economy added 209,000 jobs in June,falling short of consensus expectations,and the last two months were revised downward by 110,000 jobs.Although decelerating,the pace of job growth remains healthy with the three-month moving average payrolls at 244,000 and the six- month moving average at 278,000.The unemployment rate declined to 3.6%in June from 3.7%in May,while the labor force participation rate remained at 62.6%.The U-6 underemployment rate,which includes those who are marginally attached to the labor force and employed part time for economic reasons,increased to 6.9%from the prior month at 6.7%.Average hourly earnings remained at 4.4%year-over-year in June, unchanged from an upwardly revised 4.4%increase in May.While the longer-term trend of hiring isslowing,levels remain consistent with a solid labor market. Source: US Department of Labor Source: US Department of Labor 4 683 Job Openings & Labor Turnover Survey 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 Job Openings Recession Historical Average In T h o u s a n d s ( 0 0 0 ' s ) The number of job openings declined to 9.824 million in May after an upward revision to 10.320 million in April.The drop was widespread but particularly steep in healthcare and social assistance.Hiring increased over the month,along with both separations and quits.The level of job openings indicates strong resilience in labor demand. Source: US Department of Labor 5 684 Inflation 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% Consumer Price Index (CPI) CPI YOY % Change Core CPI YOY % Change YO Y ( % ) C h a n g e 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% Personal Consumption Expenditures (PCE) PCE Price Deflator YOY % Change PCE Core Deflator YOY % Change Fed Target YO Y ( % ) C h a n g e The Consumer Price Index (CPI)increased in June by 0.2%month-over-month and 3.0%year-over-year,down from 4.0%in May.The Core CPI, which excludes volatile food and energy components,was up 0.2%month-over-month and 4.8%year-over-year,decelerating modestly from 5.3%in May.The Personal Consumption Expenditures (PCE)index rose 3.8%year-over-year in May,down from a 4.3%gain in April.Core PCE,the Federal Reserve’s preferred inflation gauge,increased 4.6%year-over-year in May,down slightly from a 4.7%increase in April.Core inflation remains stubbornly elevated above the Fed's 2% target, with service-sector inflation and strong wage growth as headwinds. Source: US Department of Labor Source: US Department of Commerce 6 685 Consumer -30.0% -20.0% -10.0% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% Retail Sales YOY % Change YO Y ( % ) C h a n g e Advance Retail Sales rose 0.2%month-over-month in June,modestly below expectations.On a year-over-year basis,retail sales growth moderated to a 1.5%year-over-year gain in June versus an upwardly revised 2.0%increase in May.The Conference Board’s ConsumerConfidence Index surged to a better than expected 109.7 in June from 102.5 in May. Both current conditions and future expectations gained strength. 80 90 100 110 120 130 140 In d e x L e v e l Consumer Confidence Source: US Department of Commerce Source: The Conference Board 7 686 Leading Indicators of Economic Activity -25.0% -20.0% -15.0% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% 20.0% Leading Economic Indicators (LEI) Recession YO Y (% ) C h a n g e -1.00 -0.75 -0.50 -0.25 0.00 0.25 0.50 0.75 1.00 Chicago Fed National Activity Index (CFNAI) Recession 3 M o n t h A v e r a g e The Conference Board’s Leading Economic Index (LEI)remained in negative territory for the fifteenth consecutive month at -0.7%and was down 7.8%year-over-year in June.The consistent decline month-over-month continues to signal future contraction in the economy.The Chicago Fed National Activity Index (CFNAI) fell to -0.32 in June from a revised -0.28 in May. On a 3-month moving average basis, the CFNAI remained negative at -0.16 in June, indicating a rate of growth below the historical average trend. Source: The Conference Board Source: Federal Reserve Bank of Chicago 8 687 Housing 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,200 2,400 In T h o u s a n d s o f U n i t s Annualized Housing Starts Multi Family Housing Starts Single Family Housing Starts Total housing starts fell 8.0%month-over-month in June to 1,434,000 units from a downwardly revised 1,559,000 untis in May and were down 8.1%compared to June 2022.Both single-family and multi-family construction declined.The 30-year fixed rate mortgage stabilized at an average of approximately 6.7%at June month-end according to Freddie Mac.According to the Case-Shiller 20-City Home Price Index, housing prices dropped 1.7%in April after falling 1.1%in March,clearly displaying the impact of higher mortgage rates year-over-year,which have reduced demand for homebuying as affordability has declined. The Southeast remains the strongest region, while the West continues to be the weakest. Source: US Department of Commerce Source: S&P -20.0% -16.0% -12.0% -8.0% -4.0% 0.0% 4.0% 8.0% 12.0% 16.0% 20.0% 24.0% S&P/Case-Shiller 20 City Composite Home Price Index Recession YO Y ( % ) C h a n g e 9 688 Survey Based Measures 40 45 50 55 60 65 70 Institute of Supply Management (ISM) Surveys ISM Manufacturing ISM Services EXPANDING CONTRACTING The Institute for Supply Management (ISM)manufacturing index fell to 46.0 in June from 46.9 in May.This is the eighth consecutive month of readings below 50.0,which is indicative of contraction in the manufacturing sector.The Institute for Supply Management (ISM)services index rose to 53.90 in June from 50.30 in May,as new orders increased,employment rebounded,and inflation moderated.The June data reflects continued strength in the services sector. Source: Institute for Supply Management 10 689 Gross Domestic Product (GDP) Components of GDP 6/22 9/22 12/22 3/23 1.4% 1.5% 0.7% 2.8% -2.8% -1.8% 0.8% -2.2% 1.2% 2.9% 0.4% 0.6% -0.2% 0.2% 0.4% 0.4% -0.1% 0.4% 0.3% 0.5% -0.6% 3.3% 2.6% 2.0% Personal Consumption Expenditures Gross Private Domestic Investment Net Exports and Imports Federal Government Expenditures Total State and Local (Consumption and Gross Investment) -40.0% -30.0% -20.0% -10.0% 0.0% 10.0% 20.0% 30.0% 40.0% Gross Domestic Product (GDP) GDP QOQ % Change GDP YOY % Change Source: US Department of Commerce Source: US Department of Commerce According to the third estimate,first quarter 2023 GDP growth was revised up to 2.0%from 1.3%.Stronger personal consumption expenditures were the primary driver of the upward revision. The consensus estimate calls for 1.3% growth for the second quarter and for the full year 2023. 11 690 Federal Reserve Source: Federal Reserve Source: Bloomberg 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 Federal Reserve Balance Sheet Assets Recession In $ m i l l i o n s At the June meeting,the Federal Open Market Committee paused in their rate hiking campaign after ten straight rate increases and left the target Federal Funds rate in the current range of 5.00 -5.25%.Market participants viewed the FOMC’s decision as a ‘hawkish’ pause, expecting furthertightening in the future,primarily based on the updated release of the FOMC’s Summary of EconomicProjections (SEP)forecast.The SEP is forecasting higher GDP,a lower unemployment rate,and higher PCE inflation compared to the March 2023 forecast.The median forecast for the Fed Funds rate was also increased to 5.6%in June,compared to the prior forecast of 5.1%in March,suggesting another 50 basis points of tightening in 2023.We believe the resiliency of future economic data will determine if the Federal Reserve can stay on hold for a period of time or will be forced to tighten policy further to bring inflation back down towards their 2% policy objective. 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% Effective Federal Funds Rate Recession Yi e l d ( % ) 12 691 Bond Yields Source: Bloomberg Source: Bloomberg 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% US Treasury Note Yields 2-Year 5-Year 10-Year Yi e l d ( % ) 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% US Treasury Yield Curve Jun-23 Mar-23 Jun-22 Yi e l d ( % ) At the end of June,the 2-year Treasury yield was 194 basis points higher,and the 10-Year Treasury yield was about 82 basis points higher,year- over-year.The inversion between the 2-year Treasury yield and 10-year Treasury yield widened to -106 basis points at June month-end versus -76 basis points at May month-end.The average historical spread (since 2003)is about +130 basis points.The inversion between 3-month and 10- year Treasuries narrowed to -146 basis points in June from -176 basis points in May.The shape of the yield curve indicates that the probability of recession is increasing. 13 692 Section 2|SECTION |Section 2 |Account Profile 14 693 Objectives Chandler Asset Management Performance Objective The performance objective of the City of Dublin is to earn a return that equals or exceeds the return on of the ICE BofA 1-5 Year Treasury and Agency Index. Investment Objectives The investment objectives of the City of Dublin are first, to provide safety of principal; second, to provide adequate liquidity to meet all requirements which might be reasonably anticipated; third, to attain a market average rate of return on its investments throughout economic cycles; and fourth, to be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. Strategy In order to achieve this objective, the portfolio invests in high quality fixed income instruments consistent with the City's investment policy and California Government Code. As of June 30, 2023 15 694 Compliance As of June 30, 2023 Category Standard Comment U.S. Treasury Issues No limitations; Full faith and credit of the U.S. are pledged for payment of principal and interest.Complies Federal Agencies 35% max per agency issuer; 25% max callables for agency securities; Federal Agencies or U.S. Government Sponsored Enterprises (GSE), participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or U.S. GSEs. Complies Municipal Securities "A" rated or higher by a NRSRO; 5% max per issuer; Obligations of the State of California, any of the other 49 states, or any local agency within the state of California; Complies Supranational Securities "AA" rating category or better by a Nationally Recognized Statistical Rating Organization ("NRSRO"); 30% maximum; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development ("IBRD"), the International Finance Corporation ("IFC") or the Inter-American Development Bank ("IADB") Complies Asset-Backed Securities/Mortgage- Backed Securities/ Collateralized Mortgage Obligations "AA" rated or higher by a NRSRO; 20% maximum (combined); 5% max per issuer Complies Corporate Medium Term Notes "A" rated or higher by a NRSRO; 30% maximum; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S.Complies Negotiable Certificates of Deposit "A" long-term debt rated and/or "A-1" short-term rated or higher by a NRSRO; 30% maximum; 5% max per issuer; 20% max amount invested in NCDs with any one financial institution in combination with any other debt from that financial institution; Issued by a nationally or state- chartered bank, a savings association or a federal association, a state or federal credit union, or by a state-licensed branch of a foreign bank. Complies Time Deposits/ Certificates of Deposit 10% maximum; Collateralized/FDIC Insured; 1 year max maturity Complies Commercial Paper "A-1" rated or higher by a NRSRO; 25% maximum; 5% max per issuer; 10% max of the outstanding commercial paper of an issuing corporation; 20% max amount invested in CP of any one issuer in combination with any other debt from that issuer; 270 days max maturity; Issuer of the commercial paper shall meet all conditions in either A) (1) Organized and operating in the U.S. as a general corp, (2) Has AUM > $500 million, (3) "A" rated issuer debt (if any) or higher by a NRSRO; or B) (1) Organized in the U.S. as a special purpose corp, trust, LLC, (2) Has program wide credit enhancements including, but not limited to, over collateralization, LOC, or surety bond, (3) "A-1" rated or higher by a NRSRO Complies Banker’s Acceptances "A-1" short-term rated or higher by a NRSRO; 40% maximum; 5% max per issuer; 20% max amount invested in BA with any one financial institution in combination with any other debt from that financial institution; 180 days max maturity Complies Money Market Mutual Funds and Mutual Funds Highest rating or "AAA" rated by two NRSROs; SEC registered adviser with AUM >$500 million and experience > 5 years; 20% maximum in Mutual Funds and Money Market Mutual Funds; 20% max in Money Market Mutual Fund; 10% max per one Mutual Fund Complies Local Agency Investment Fund (LAIF) Maximum permitted by LAIF; Not used by investment adviser Complies California Asset Management Program (CAMP)Issued by joint powers authority organized pursuant to California Government Code; Not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Mortgage-derived, Interest-only strips; Any investment in a security not specifically listed as an Authorized and Suitable Investment in the policy.Complies Max Per Issuer 5% max per issuer, except US Government, its Agencies and instrumentalities (including agency backed-mortgage pools), Supranational securities, or Money Market Mutual Funds Complies Maximum Maturity 5 years, unless otherwise stated in the policy Complies City of Dublin Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. 16 695 Portfolio Characteristics City of Dublin 06/30/23 03/31/23 Benchmark*Portfolio Portfolio Average Maturity (yrs)2.64 2.73 2.67 Average Modified Duration 2.49 2.34 2.29 Average Purchase Yield n/a 2.38%2.21% Average Market Yield 4.74%4.98%4.37% Average Quality**AAA AA/Aa1 AA/Aa1 Total Market Value 280,145,373 281,327,249 *ICE BofA 1-5 Yr US Treasury & Agency Index **Benchmark is a blended rating of S&P, Moody’s, and Fitch. Portfolio is S&P and Moody’s respectively. As of June 30, 2023 17 696 City of Dublin Sector Distribution ABS 10.1% Agency 19.3% CMO 2.3% Corporate 25.8% Money Market Fund 0.9% Supranational 6.0% US Treasury 35.6% June 30, 2023 March 31, 2023 ABS 10.7% Agency 21.6% CMO 1.4% Corporate 25.4% Money Market Fund 0.3% Supranational 6.0% US Treasury 34.6% As of June 30, 2023 18 697 Issue Name Investment Type % Portfolio Government of United States US Treasury 35.60% Federal National Mortgage Association Agency 6.38% Federal Home Loan Bank Agency 6.31% Inter-American Dev Bank Supranational 3.28% Federal Home Loan Mortgage Corp Agency 2.85% Federal Farm Credit Bank Agency 2.81% Intl Bank Recon and Development Supranational 2.69% Federal Home Loan Mortgage Corp CMO 2.35% John Deere ABS ABS 1.65% Amazon.com Inc Corporate 1.59% Bank of America Corp Corporate 1.45% Deere & Company Corporate 1.42% Toronto Dominion Holdings Corporate 1.41% JP Morgan Chase & Co Corporate 1.40% Toyota Motor Corp Corporate 1.33% Hyundai Auto Receivables ABS 1.27% Merck & Company Corporate 1.23% Honda Motor Corporation Corporate 1.21% Royal Bank of Canada Corporate 1.21% United Health Group Inc Corporate 1.20% Qualcomm Inc Corporate 1.04% Morgan Stanley Corporate 1.03% Metlife Inc Corporate 1.00% Mercedes-Benz ABS 0.99% Toyota Lease Owner Trust ABS 0.96% GM Financial Automobile Leasing Trust ABS 0.95% First American Govt Oblig Fund Money Market Fund 0.94% Tennessee Valley Authority Agency 0.94% US Bancorp Corporate 0.89% Caterpillar Inc Corporate 0.88% Northwestern Mutual Glbl Corporate 0.88% Chubb Corporation Corporate 0.87% GM Financial Securitized Term Auto Trust ABS 0.86% Honeywell Corp Corporate 0.83% Honda ABS ABS 0.80% Bank of Montreal Chicago Corporate 0.79% Berkshire Hathaway Corporate 0.77% American Express ABS ABS 0.76% Issuers City of Dublin – Account #10198 As of June 30, 2023 19 698 Issue Name Investment Type % Portfolio Wal-Mart Stores Corporate 0.72% Charles Schwab Corp/The Corporate 0.62% Hyundai Auto Lease Securitization ABS 0.47% Target Corp Corporate 0.44% BMW Vehicle Lease Trust ABS 0.43% Bank of New York Corporate 0.43% Dominion Resources Inc Corporate 0.34% Realty Income Corp Corporate 0.33% Verizon Master Trust ABS 0.32% BMW ABS ABS 0.30% Mercedes-Benz Auto Lease Trust ABS 0.27% Guardian Life Global Funding Corporate 0.26% Salesforce.com Inc Corporate 0.16% Toyota ABS ABS 0.04% TOTAL 100.00% Issuers City of Dublin – Account #10198 As of June 30, 2023 20 699 AAA AA A <A NR 06/30/23 15.5%60.1%20.2%0.3%3.8% 03/31/23 15.2%63.4%17.9%0.3%3.1% Source: S&P Ratings June 30, 2023 vs. March 31, 2023 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% AAA AA A <A NR 06/30/23 03/31/23 Quality Distribution City of Dublin As of June 30, 2023 21 700 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% 0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ City of Dublin ICE BofA 1-5 Yr US Treasury & Agency Index Portfolio Compared to the Benchmark 0 - 0.25 0.25 - 0.50 0.50 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5+ Portfolio 2.9% 3.3% 7.7% 31.3% 20.9% 22.6% 11.3% 0.0% Benchmark*0.0% 0.0% 1.7% 36.4% 26.5% 21.3% 14.1% 0.0% *ICE BofA 1-5 Yr US Treasury & Agency Index Duration Distribution City of Dublin As of June 30, 2023 22 701 -3.00% -2.50% -2.00% -1.50% -1.00% -0.50% 0.00% 0.50% 1.00% 1.50% 12 months 2 years 3 years 5 years 10 years Since Inception City of Dublin ICE BofA 1-5 Yr US Treasury & Agency Index* Total Rate of Return Annualized Since Inception October 31, 2013 Annualized TOTAL RATE OF RETURN 3 months 12 months 2 years 3 years 5 years 10 years Since Inception City of Dublin -0.42%0.36%-2.10%-1.35%1.16%N/A 1.01% ICE BofA 1-5 Yr US Treasury & Agency Index*-0.85%-0.42%-2.53%-1.78%0.89%N/A 0.78% *ICE BofA 1-3 Yr US Treasury & Agency Index to 12/31/14 Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending value; it includes interest earnings, realized and unrealized gains and losses in the portfolio. Investment Performance City of Dublin As of June 30, 2023 23 702 Portfolio Characteristics City of Dublin Reporting Account 06/30/23 Portfolio 03/31/23 Portfolio Average Maturity (yrs)0.00 0.00 Modified Duration 0.00 0.00 Average Purchase Yield 4.78%4.42% Average Market Yield 4.78%4.42% Average Quality*AAA/NR AAA/NR Total Market Value 120,964,005 106,709,917 *Portfolio is S&P and Moody’s, respectively. As of June 30, 2023 24 703 City of Dublin Reporting Account Sector Distribution LAIF 21.7% Local Gov Investment Pool 78.3% June 30, 2023 March 31, 2023 LAIF 24.4% Local Gov Investment Pool 75.6% As of June 30, 2023 25 704 Issue Name Investment Type % Portfolio CAMP Local Gov Investment Pool 78.27% Local Agency Investment Fund LAIF 21.73% TOTAL 100.00% Issuers City of Dublin Reporting Account – Account #10219 As of June 30, 2023 26 705 SECTION |Section 3 |Consolidated Information 27 706 Portfolio Characteristics City of Dublin Consolidated 06/30/23 03/31/23 Portfolio Portfolio Average Maturity (yrs)1.91 1.94 Modified Duration 1.63 1.66 Average Purchase Yield 3.03%2.80% Average Market Yield 4.92%4.39% Average Quality*AA+/Aa1 AA+/Aa1 Total Market Value 401,109,378 388,037,166 * Portfolio is S&P and Moody’s respectively. As of June 30, 2023 28 707 City of Dublin Consolidated Sector Distribution ABS 7.0% Agency 13.5% CMO 1.6% Corporate 18.0% LAIF 6.6% Local Gov Investment Pool 23.6% Money Market Fund 0.7% Supranational 4.2% US Treasury 24.9% June 30, 2023 March 31, 2023 ABS 7.8% Agency 15.7% CMO 1.0% Corporate 18.4% LAIF 6.7% Local Gov Investment Pool 20.8% Money Market Fund 0.2% Supranational 4.4% US Treasury 25.1% As of June 30, 2023 29 708 SECTION |Section 4 |Portfolio Holdings 30 709 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration ABS 44891VAC5 Hyundai Auto Lease Trust 2021-B A3 0.330% Due 06/17/2024 430,640.39 06/08/2021 0.34% 430,575.79 430,634.41 99.45 6.07% 428,263.69 63.16 0.15% (2,370.72) Aaa / AAA NR 0.97 0.10 89237VAB5 Toyota Auto Receivables Trust 2020-C A3 0.440% Due 10/15/2024 123,642.94 07/21/2020 0.44% 123,633.41 123,640.02 99.31 6.03% 122,794.38 24.18 0.04% (845.64) Aaa / AAA NR 1.30 0.12 43813KAC6 Honda Auto Receivables Trust 2020-3 A3 0.370% Due 10/18/2024 258,876.12 09/22/2020 0.38% 258,838.09 258,871.47 98.61 5.95% 255,289.39 34.59 0.09% (3,582.08) NR / AAA AAA 1.30 0.25 89239CAC3 Toyota Lease Owner Trust 2021-B A3 0.420% Due 10/21/2024 693,433.30 07/27/2021 0.39% 693,423.94 693,431.19 98.88 5.93% 685,656.45 88.99 0.24% (7,774.74) Aaa / NR AAA 1.31 0.20 47787NAC3 John Deere Owner Trust 2020-B A3 0.510% Due 11/15/2024 47,563.85 07/14/2020 0.52% 47,556.60 47,562.72 99.28 5.17% 47,222.11 10.78 0.02% (340.61) Aaa / NR AAA 1.38 0.15 58769KAD6 Mercedes-Benz Auto Lease Trust 2021-B A3 0.400% Due 11/15/2024 762,783.66 06/22/2021 0.40% 762,726.07 762,771.40 98.41 6.13% 750,682.87 135.61 0.27% (12,088.53) NR / AAA AAA 1.38 0.27 09690AAC7 BMW Vehicle Lease Trust 2021-2 A3 0.330% Due 12/26/2024 318,683.85 09/08/2021 0.33% 318,650.97 318,676.85 98.70 6.39% 314,556.25 17.53 0.11% (4,120.60) Aaa / NR AAA 1.49 0.21 44891WAC3 Hyundai Auto Lease Trust 2022-A A3 1.160% Due 01/15/2025 910,000.00 01/11/2022 1.16% 909,979.89 909,992.89 98.22 5.87% 893,814.74 469.16 0.32% (16,178.15) Aaa / AAA NR 1.55 0.38 89238LAC4 Toyota Lease Owner Trust 2022-A A3 1.960% Due 02/20/2025 2,045,000.00 02/23/2022 1.98% 2,044,678.12 2,044,864.45 97.81 5.92% 2,000,124.52 1,224.73 0.71% (44,739.93) NR / AAA AAA 1.65 0.56 36265MAC9 GM Financial Auto Lease Trust 2022-1 A3 1.900% Due 03/20/2025 1,680,000.00 02/15/2022 1.91% 1,679,985.55 1,679,994.60 98.05 5.87% 1,647,295.44 975.33 0.59% (32,699.16) Aaa / NR AAA 1.72 0.49 05601XAC3 BMW Vehicle Lease Trust 2022-1 A3 1.100% Due 03/25/2025 616,901.98 01/11/2022 1.00% 616,809.76 616,870.93 98.29 5.84% 606,352.96 113.10 0.22% (10,517.97) NR / AAA AAA 1.74 0.36 36266FAC3 GM Financial Auto Lease Trust 2022-2 A3 3.420% Due 06/20/2025 1,020,000.00 05/03/2022 3.45% 1,019,893.61 1,019,948.86 98.22 5.90% 1,001,884.80 1,065.90 0.36% (18,064.06) NR / AAA AAA 1.98 0.72 47788UAC6 John Deere Owner Trust 2021-A A3 0.360% Due 09/15/2025 452,087.12 03/02/2021 0.37% 452,000.24 452,055.94 97.07 6.12% 438,853.63 72.33 0.16% (13,202.31) Aaa / NR AAA 2.21 0.50 44933LAC7 Hyundai Auto Receivables Trust 2021-A A3 0.380% Due 09/15/2025 429,120.99 04/20/2021 0.20% 429,075.84 429,108.05 97.38 6.00% 417,867.72 72.47 0.15% (11,240.33) NR / AAA AAA 2.21 0.46 05593AAC3 BMW Vehicle Lease Trust 2023-1 A3 5.160% Due 11/25/2025 295,000.00 02/07/2023 4.96% 294,992.98 294,994.22 99.33 5.75% 293,017.01 253.70 0.10% (1,977.21) Aaa / AAA NR 2.41 1.26 44934KAC8 Hyundai Auto Receivables Trust 2021-B A3 0.380% Due 01/15/2026 1,622,015.25 07/20/2021 0.16% 1,621,657.27 1,621,877.06 96.75 5.98% 1,569,257.58 273.94 0.56% (52,619.48) NR / AAA AAA 2.55 0.58 43815GAC3 Honda Auto Receivables Trust 2021-4 A3 0.880% Due 01/21/2026 765,000.00 11/16/2021 0.89% 764,838.74 764,918.21 95.98 5.92% 734,232.47 187.00 0.26% (30,685.74) Aaa / NR AAA 2.56 0.80 As of June 30, 2023 31 710 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 47789QAC4 John Deere Owner Trust 2021-B A3 0.520% Due 03/16/2026 835,089.49 07/13/2021 0.52% 835,015.00 835,054.68 95.80 6.12% 800,004.88 193.00 0.29% (35,049.80) Aaa / NR AAA 2.71 0.75 44935FAD6 Hyundai Auto Receivables Trust 2021-C A3 0.740% Due 05/15/2026 545,000.00 11/09/2021 0.75% 544,878.36 544,940.60 96.07 5.87% 523,567.88 179.24 0.19% (21,372.72) NR / AAA AAA 2.88 0.77 43815BAC4 Honda Auto Receivables Trust 2022-1 A3 1.880% Due 05/15/2026 1,315,000.00 02/15/2022 1.89% 1,314,802.22 1,314,885.06 95.55 5.87% 1,256,490.39 1,098.76 0.45% (58,394.67) Aaa / AAA NR 2.88 1.13 05602RAD3 BMW Vehicle Owner Trust 2022-A A3 3.210% Due 08/25/2026 850,000.00 05/10/2022 3.09% 849,955.80 849,971.74 97.22 5.76% 826,382.75 454.75 0.30% (23,588.99) Aaa / AAA NR 3.16 1.10 362554AC1 GM Financial Securitized Term 2021-4 A3 0.680% Due 09/16/2026 585,000.00 10/13/2021 0.66% 584,985.08 584,992.50 95.50 6.14% 558,703.67 165.75 0.20% (26,288.83) Aaa / AAA NR 3.22 0.82 47787JAC2 John Deere Owner Trust 2022-A A3 2.320% Due 09/16/2026 1,005,000.00 03/10/2022 2.34% 1,004,777.69 1,004,859.73 96.32 5.88% 968,049.17 1,036.27 0.35% (36,810.56) Aaa / NR AAA 3.22 1.04 448977AD0 Hyundai Auto Receivables Trust 2022-A A3 2.220% Due 10/15/2026 1,080,000.00 03/09/2022 2.23% 1,079,958.42 1,079,974.95 95.98 5.78% 1,036,555.92 1,065.60 0.37% (43,419.03) NR / AAA AAA 3.30 1.14 380146AC4 GM Financial Auto Receivables 2022-1 A3 1.260% Due 11/16/2026 500,000.00 01/11/2022 1.23% 499,956.55 499,975.46 95.52 5.90% 477,604.51 262.50 0.17% (22,370.95) NR / AAA AAA 3.38 0.97 362585AC5 GM Financial Securitized ART 2022-2 A3 3.100% Due 02/16/2027 780,000.00 04/05/2022 3.13% 779,836.98 779,894.79 96.77 5.72% 754,767.78 1,007.50 0.27% (25,127.01) Aaa / AAA NR 3.64 1.25 47800AAC4 John Deere Owner Trust 2022-B A3 3.740% Due 02/16/2027 1,045,000.00 07/12/2022 3.77% 1,044,900.20 1,044,926.64 97.15 5.73% 1,015,263.48 1,737.02 0.36% (29,663.16) Aaa / NR AAA 3.64 1.46 02582JJT8 American Express Credit Trust 2022-2 A 3.390% Due 05/17/2027 2,205,000.00 05/17/2022 3.42% 2,204,512.25 2,204,693.08 96.51 5.43% 2,127,955.10 3,322.20 0.76% (76,737.98) NR / AAA AAA 3.88 1.75 47800BAC2 John Deere Owner Trust 2022-C A3 5.090% Due 06/15/2027 1,350,000.00 10/12/2022 5.15% 1,349,895.24 1,349,915.25 99.21 5.61% 1,339,294.50 3,054.00 0.48% (10,620.75) Aaa / NR AAA 3.96 1.69 92348KAV5 Verizon Master Trust 2022-5 A1A 3.720% Due 07/20/2027 915,000.00 08/02/2022 3.75% 914,959.74 914,972.62 98.78 5.25% 903,849.81 1,040.05 0.32% (11,122.81) NR / AAA AAA 4.06 1.09 58768PAC8 Mercedes-Benz Auto Receivables 2022-1 A3 5.210% Due 08/16/2027 2,790,000.00 11/15/2022 5.28% 2,789,448.14 2,789,544.17 99.54 5.56% 2,777,210.64 6,460.40 0.99% (12,333.53) Aaa / AAA NR 4.13 1.57 362583AD8 GM Auto Receivable Trust 2023-2 A3 4.470% Due 02/16/2028 625,000.00 04/04/2023 4.53% 624,982.81 624,983.94 98.23 5.39% 613,953.13 1,164.06 0.22% (11,030.81) Aaa / AAA NR 4.64 2.03 TOTAL ABS 28,895,838.94 2.41% 28,892,181.35 28,893,798.48 5.79% 28,186,819.62 27,323.60 10.07% (706,978.86) Aaa / AAA AAA 2.85 0.98 Agency 3130A0F70 FHLB Note 3.375% Due 12/08/2023 5,000,000.00 Various 2.73% 5,147,870.00 5,013,171.44 99.17 5.29% 4,958,705.00 10,781.25 1.77% (54,466.44) Aaa / AA+ AAA 0.44 0.43 As of June 30, 2023 32 711 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 3135G0V34 FNMA Note 2.500% Due 02/05/2024 2,000,000.00 02/27/2019 2.58% 1,992,340.00 1,999,069.58 98.23 5.55% 1,964,588.00 20,277.78 0.71% (34,481.58) Aaa / AA+ AAA 0.60 0.57 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 3,795,000.00 Various 1.96% 3,958,639.85 3,826,327.68 97.57 5.52% 3,702,766.32 5,152.24 1.32% (123,561.36) Aaa / AA+ NR 0.96 0.92 3133EKWV4 FFCB Note 1.850% Due 07/26/2024 2,500,000.00 08/13/2019 1.65% 2,524,140.00 2,505,220.54 96.24 5.50% 2,406,097.50 19,913.19 0.87% (99,123.04) Aaa / AA+ AAA 1.07 1.03 3130A2UW4 FHLB Note 2.875% Due 09/13/2024 2,000,000.00 10/10/2019 1.58% 2,122,020.00 2,029,843.69 97.17 5.33% 1,943,320.00 17,250.00 0.70% (86,523.69) Aaa / AA+ AAA 1.21 1.15 3135G0W66 FNMA Note 1.625% Due 10/15/2024 2,000,000.00 11/08/2019 1.80% 1,983,400.00 1,995,644.69 95.41 5.35% 1,908,228.00 6,861.11 0.68% (87,416.69) Aaa / AA+ AAA 1.30 1.25 3133ENZ94 FFCB Note 4.500% Due 11/18/2024 5,480,000.00 11/15/2022 4.56% 5,474,191.20 5,475,979.13 99.02 5.24% 5,426,482.32 29,455.00 1.95% (49,496.81) Aaa / AA+ AAA 1.39 1.32 3135G0X24 FNMA Note 1.625% Due 01/07/2025 4,200,000.00 Various 1.18% 4,287,898.80 4,227,673.92 94.82 5.22% 3,982,293.00 32,987.50 1.43% (245,380.92) Aaa / AA+ AAA 1.53 1.46 3137EAEP0 FHLMC Note 1.500% Due 02/12/2025 4,200,000.00 Various 1.23% 4,254,786.30 4,217,975.10 94.40 5.16% 3,964,690.80 24,325.00 1.42% (253,284.30) Aaa / AA+ AAA 1.62 1.55 3135G03U5 FNMA Note 0.625% Due 04/22/2025 1,825,000.00 04/22/2020 0.67% 1,821,240.50 1,823,637.59 92.48 5.02% 1,687,789.20 2,186.20 0.60% (135,848.39) Aaa / AA+ AAA 1.81 1.76 3135G04Z3 FNMA Note 0.500% Due 06/17/2025 3,435,000.00 06/17/2020 0.54% 3,427,889.55 3,432,204.94 91.81 4.93% 3,153,615.11 667.92 1.13% (278,589.83) Aaa / AA+ AAA 1.97 1.91 3137EAEU9 FHLMC Note 0.375% Due 07/21/2025 1,745,000.00 07/21/2020 0.48% 1,736,309.90 1,741,422.00 91.24 4.90% 1,592,118.81 2,908.33 0.57% (149,303.19) Aaa / AA+ AAA 2.06 2.00 3135G05X7 FNMA Note 0.375% Due 08/25/2025 2,755,000.00 08/25/2020 0.47% 2,742,106.60 2,749,443.96 90.99 4.83% 2,506,909.50 3,615.94 0.90% (242,534.46) Aaa / AA+ AAA 2.16 2.09 3137EAEX3 FHLMC Note 0.375% Due 09/23/2025 2,655,000.00 09/23/2020 0.44% 2,647,008.45 2,651,429.21 90.74 4.80% 2,409,059.39 2,710.31 0.86% (242,369.82) Aaa / AA+ AAA 2.24 2.17 3135G06G3 FNMA Note 0.500% Due 11/07/2025 2,860,000.00 11/09/2020 0.57% 2,849,761.20 2,855,164.54 90.63 4.76% 2,592,066.62 2,145.00 0.93% (263,097.92) Aaa / AA+ AAA 2.36 2.29 3130ATUC9 FHLB Note 4.500% Due 12/12/2025 4,000,000.00 02/09/2023 4.22% 4,029,238.40 4,025,259.05 99.14 4.87% 3,965,716.00 9,500.00 1.42% (59,543.05) Aaa / AA+ NR 2.45 2.29 3130ATS57 FHLB Note 4.500% Due 03/10/2028 3,000,000.00 03/21/2023 4.01% 3,065,010.00 3,061,392.36 100.96 4.27% 3,028,905.00 41,625.00 1.10% (32,487.36) Aaa / AA+ AAA 4.70 4.14 As of June 30, 2023 33 712 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 880591EZ1 Tennessee Valley Authority Note 3.875% Due 03/15/2028 2,645,000.00 Various 3.73% 2,661,791.35 2,661,183.12 98.39 4.26% 2,602,399.63 25,908.14 0.94% (58,783.49) Aaa / AA+ AAA 4.71 4.21 TOTAL Agency 56,095,000.00 2.12% 56,725,642.10 56,292,042.54 5.06% 53,795,750.20 258,269.91 19.29% (2,496,292.34) Aaa / AA+ AAA 1.86 1.75 CMO 3137BFE98 FHLMC K041 A2 3.171% Due 10/25/2024 2,000,000.00 07/01/2021 0.64% 2,151,406.25 2,058,666.72 97.07 5.56% 1,941,426.00 5,285.00 0.69% (117,240.72) Aaa / AAA AAA 1.32 1.16 3137BSRE5 FHLMC K059 A2 3.120% Due 09/25/2026 2,000,000.00 02/18/2022 1.92% 2,085,625.00 2,060,093.18 95.18 4.76% 1,903,636.00 5,200.00 0.68% (156,457.18) NR / AAA AAA 3.24 2.91 3137FG6X8 FHLMC K077 A2 3.850% Due 05/25/2028 2,815,000.00 05/24/2023 4.65% 2,763,318.36 2,764,226.05 96.83 4.57% 2,725,837.69 1,806.29 0.97% (38,388.36) NR / NR AAA 4.91 4.29 TOTAL CMO 6,815,000.00 2.64% 7,000,349.61 6,882,985.95 4.92% 6,570,899.69 12,291.29 2.35% (312,086.26) Aaa / AAA AAA 3.36 2.96 Corporate 06406RAJ6 Bank of NY Mellon Corp Note 3.450% Due 08/11/2023 1,200,000.00 08/24/2018 3.42% 1,201,836.00 1,200,041.61 99.76 5.50% 1,197,122.40 16,100.00 0.43% (2,919.21) A1 / A AA- 0.12 0.11 023135BW5 Amazon.com Inc Note 0.450% Due 05/12/2024 1,865,000.00 05/10/2021 0.50% 1,862,277.10 1,864,214.93 95.87 5.39% 1,788,029.59 1,142.31 0.64% (76,185.34) A1 / AA AA- 0.87 0.84 24422ETT6 John Deere Capital Corp Note 2.650% Due 06/24/2024 2,000,000.00 Various 1.32% 2,093,680.00 2,025,419.85 97.27 5.54% 1,945,464.00 1,030.56 0.69% (79,955.85) A2 / A A+ 0.99 0.95 02665WCZ2 American Honda Finance Note 2.400% Due 06/27/2024 1,500,000.00 07/10/2019 2.49% 1,493,742.00 1,498,749.79 96.93 5.62% 1,454,011.50 400.00 0.52% (44,738.29) A3 / A- A 0.99 0.96 79466LAG9 Salesforce.com Inc Callable Note Cont 7/15/2022 0.625% Due 07/15/2024 465,000.00 06/29/2021 0.64% 464,762.85 464,918.00 95.19 5.44% 442,632.57 1,340.10 0.16% (22,285.43) A2 / A+ NR 1.04 1.01 78013XZU5 Royal Bank of Canada Note 2.550% Due 07/16/2024 2,500,000.00 09/10/2019 2.28% 2,531,325.00 2,506,746.65 96.92 5.62% 2,423,065.00 29,218.75 0.88% (83,681.65) A1 / A AA- 1.05 1.00 46647PAU0 JP Morgan Chase & Co Callable Note 1X 7/23/2023 3.797% Due 07/23/2024 2,500,000.00 09/12/2019 2.35% 2,632,175.00 2,502,068.17 99.88 5.65% 2,497,012.50 41,661.53 0.91% (5,055.67) A1 / A- AA- 1.07 0.06 02665WEA5 American Honda Finance Note 1.500% Due 01/13/2025 1,075,000.00 01/11/2022 1.53% 1,074,150.75 1,074,564.53 94.23 5.46% 1,013,021.95 7,525.00 0.36% (61,542.58) A3 / A- A 1.54 1.47 As of June 30, 2023 34 713 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 90331HPL1 US Bank NA Callable Note Cont 12/21/2024 2.050% Due 01/21/2025 2,610,000.00 01/16/2020 2.10% 2,604,440.70 2,608,265.57 94.32 5.92% 2,461,754.61 23,780.00 0.89% (146,510.96) A2 / A+ A+ 1.56 1.48 00440EAS6 Chubb INA Holdings Inc Note 3.150% Due 03/15/2025 2,500,000.00 Various 0.76% 2,753,600.00 2,600,106.31 96.53 5.30% 2,413,142.50 23,187.50 0.87% (186,963.81) A3 / A A 1.71 1.62 14913R2V8 Caterpillar Financial Service Note 3.400% Due 05/13/2025 1,165,000.00 05/10/2022 3.44% 1,163,520.45 1,164,079.33 96.82 5.21% 1,127,911.06 5,281.33 0.40% (36,168.27) A2 / A A+ 1.87 1.77 747525AF0 Qualcomm Inc Callable Note Cont 2/20/2025 3.450% Due 05/20/2025 3,000,000.00 Various 1.78% 3,159,848.58 3,091,176.02 96.98 5.15% 2,909,280.00 11,787.50 1.04% (181,896.02) A2 / A NR 1.89 1.79 61747YEA9 Morgan Stanley Callable Note Cont 5/30/2024 0.790% Due 05/30/2025 3,040,000.00 05/26/2021 0.77% 3,041,611.70 3,040,492.05 94.99 6.09% 2,887,802.40 2,068.05 1.03% (152,689.65) A1 / A- A+ 1.92 1.83 438516CB0 Honeywell Intl Callable Note Cont 5/1/2025 1.350% Due 06/01/2025 2,500,000.00 06/23/2020 0.85% 2,559,500.00 2,522,509.88 93.29 5.06% 2,332,327.50 2,812.50 0.83% (190,182.38) A2 / A A 1.92 1.85 78015K7H1 Royal Bank of Canada Note 1.150% Due 06/10/2025 1,000,000.00 02/22/2021 0.86% 1,012,240.00 1,005,545.88 92.31 5.37% 923,103.00 670.83 0.33% (82,442.88) A1 / A AA- 1.95 1.88 66815L2J7 Northwestern Mutual Glbl Note 4.000% Due 07/01/2025 2,500,000.00 06/27/2022 4.01% 2,499,150.00 2,499,433.07 96.85 5.69% 2,421,250.00 50,000.00 0.88% (78,183.07) Aaa / AA+ AAA 2.01 1.85 02665WDL2 American Honda Finance Note 1.200% Due 07/08/2025 1,000,000.00 08/10/2021 1.00% 1,007,640.00 1,003,953.94 92.02 5.42% 920,206.00 5,766.67 0.33% (83,747.94) A3 / A- A 2.02 1.94 89114QCK2 Toronto Dominion Bank Note 0.750% Due 09/11/2025 1,000,000.00 02/16/2021 0.81% 997,230.00 998,664.88 90.53 5.37% 905,338.00 2,291.67 0.32% (93,326.88) A1 / A AA- 2.20 2.12 06051GHY8 Bank of America Corp Callable Note Cont 2/13/2025 2.015% Due 02/13/2026 1,250,000.00 03/04/2021 1.14% 1,291,725.00 1,267,206.48 93.65 6.20% 1,170,587.50 9,655.21 0.42% (96,618.98) A1 / A- AA- 2.63 1.54 46647PBH8 JP Morgan Chase & Co Callable Note Mthly 3/13/2025 2.005% Due 03/13/2026 1,000,000.00 04/29/2021 1.20% 1,030,270.00 1,013,303.38 93.92 5.80% 939,210.00 6,015.00 0.34% (74,093.38) A1 / A- AA- 2.70 1.62 808513BR5 Charles Schwab Corp Callable Note Cont 4/13/2026 1.150% Due 05/13/2026 1,370,000.00 05/11/2021 1.20% 1,366,821.60 1,368,177.55 88.49 5.54% 1,212,378.76 2,100.67 0.43% (155,798.79) A2 / A- A 2.87 2.75 91324PEC2 United Health Group Inc Callable Note Cont 4/15/2026 1.150% Due 05/15/2026 2,000,000.00 Various 1.90% 1,939,210.15 1,958,472.57 90.43 4.75% 1,808,610.01 2,938.90 0.65% (149,862.56) A3 / A+ A 2.88 2.76 89236TJK2 Toyota Motor Credit Corp Note 1.125% Due 06/18/2026 2,485,000.00 06/15/2021 1.13% 2,483,906.60 2,484,351.50 89.41 5.01% 2,221,890.69 1,009.53 0.79% (262,460.81) A1 / A+ A+ 2.97 2.85 58989V2D5 Met Tower Global Funding Note 1.250% Due 09/14/2026 1,285,000.00 09/07/2021 1.27% 1,283,817.80 1,284,241.86 87.49 5.57% 1,124,204.10 4,774.13 0.40% (160,037.76) Aa3 / AA- AA- 3.21 3.05 As of June 30, 2023 35 714 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 06368FAC3 Bank of Montreal Note 1.250% Due 09/15/2026 2,500,000.00 Various 1.29% 2,495,539.50 2,497,137.07 88.16 5.31% 2,203,957.50 9,201.39 0.79% (293,179.57) A2 / A- AA- 3.21 3.06 931142ER0 Wal-Mart Stores Callable Note Cont 08/17/2026 1.050% Due 09/17/2026 585,000.00 09/08/2021 1.09% 583,894.35 584,289.14 89.28 4.68% 522,304.38 1,774.50 0.19% (61,984.76) Aa2 / AA AA 3.22 3.08 59217GER6 Metlife Note 1.875% Due 01/11/2027 1,860,000.00 01/03/2022 1.90% 1,857,879.60 1,858,502.02 89.09 5.30% 1,657,025.64 16,468.75 0.60% (201,476.38) Aa3 / AA- AA- 3.54 3.30 87612EBM7 Target Corp Callable Note Cont 12/15/2026 1.950% Due 01/15/2027 1,340,000.00 01/19/2022 1.99% 1,337,722.00 1,338,377.69 91.54 4.56% 1,226,668.16 12,048.83 0.44% (111,709.53) A2 / A A 3.55 3.32 808513BY0 Charles Schwab Corp Callable Note Cont 2/3/2027 2.450% Due 03/03/2027 585,000.00 03/01/2022 2.47% 584,368.20 584,536.01 89.58 5.63% 524,026.04 4,697.88 0.19% (60,509.97) A2 / A- A 3.68 3.40 084664CZ2 Berkshire Hathaway Callable Note Cont 2/15/2027 2.300% Due 03/15/2027 2,295,000.00 03/07/2022 2.30% 2,294,563.95 2,294,676.90 93.51 4.21% 2,146,054.50 15,542.25 0.77% (148,622.40) Aa2 / AA A+ 3.71 3.47 40139LBF9 Guardian Life Glob Fun Note 3.246% Due 03/29/2027 765,000.00 03/24/2022 3.25% 765,000.00 765,000.00 93.15 5.28% 712,620.45 6,345.93 0.26% (52,379.55) Aa1 / AA+ NR 3.75 3.43 023135CF1 Amazon.com Inc Callable Note Cont 3/13/2027 3.300% Due 04/13/2027 1,750,000.00 04/25/2022 3.34% 1,746,972.50 1,747,690.95 95.23 4.69% 1,666,581.00 12,512.50 0.60% (81,109.95) A1 / AA AA- 3.79 3.48 46647PCB0 JP Morgan Chase & Co Callable Note Cont 4/22/2026 1.578% Due 04/22/2027 500,000.00 08/23/2022 4.90% 449,845.00 458,985.53 89.82 5.54% 449,106.50 1,512.25 0.16% (9,879.03) A1 / A- AA- 3.81 2.67 927804GH1 Virginia Electric Power Corp Callable Note Cont. 4/15/2027 3.750% Due 05/15/2027 1,000,000.00 Various 3.75% 999,773.40 999,816.22 95.75 4.97% 957,528.00 4,791.67 0.34% (42,288.22) A2 / BBB+ A 3.88 3.53 14913R3A3 Caterpillar Financial Service Note 3.600% Due 08/12/2027 1,375,000.00 Various 3.89% 1,357,243.75 1,360,148.56 96.26 4.61% 1,323,599.75 19,112.50 0.48% (36,548.81) A2 / A A+ 4.12 3.72 931142EX7 Wal-Mart Stores Callable Note Cont 09/09/2027 3.950% Due 09/09/2027 1,500,000.00 Various 3.98% 1,498,302.30 1,498,576.58 98.09 4.45% 1,471,323.00 18,433.34 0.53% (27,253.58) Aa2 / AA AA 4.20 3.77 89236TKJ3 Toyota Motor Credit Corp Note 4.550% Due 09/20/2027 1,500,000.00 11/22/2022 4.88% 1,479,060.00 1,481,653.70 98.60 4.92% 1,479,046.50 19,147.92 0.53% (2,607.20) A1 / A+ A+ 4.23 3.75 023135CP9 Amazon.com Inc Callable Note Cont 11/1/2027 4.550% Due 12/01/2027 1,000,000.00 01/17/2023 4.21% 1,014,400.00 1,013,056.44 99.37 4.71% 993,720.00 3,791.67 0.36% (19,336.44) A1 / AA AA- 4.42 3.94 89115A2M3 Toronto-Dominion Bank Note 5.156% Due 01/10/2028 3,000,000.00 Various 5.28% 2,984,380.00 2,984,541.45 99.34 5.32% 2,980,053.00 73,473.00 1.09% (4,488.45) A1 / A AA- 4.53 3.89 As of June 30, 2023 36 715 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 756109AU8 Realty Income Corp Callable Note Cont 10/15/2027 3.650% Due 01/15/2028 960,000.00 04/10/2023 4.87% 910,540.80 912,816.09 93.26 5.34% 895,340.16 16,157.33 0.33% (17,475.93) A3 / A- NR 4.55 4.03 24422EWR6 John Deere Capital Corp Note 4.750% Due 01/20/2028 2,000,000.00 01/23/2023 4.40% 2,030,780.00 2,028,126.26 99.92 4.77% 1,998,334.00 45,388.89 0.73% (29,792.26) A2 / A A+ 4.56 3.96 06051GGF0 Bank of America Corp Callable Note 1/20/2027 3.824% Due 01/20/2028 3,000,000.00 Various 5.87% 2,824,349.55 2,834,583.35 94.55 5.53% 2,836,641.00 51,305.34 1.03% 2,057.65 A1 / A- AA- 4.56 3.20 91324PEP3 United Health Group Inc Callable Note Cont 1/15/2028 5.250% Due 02/15/2028 1,500,000.00 02/21/2023 4.90% 1,522,890.00 1,521,250.43 101.95 4.77% 1,529,289.00 29,750.00 0.56% 8,038.57 A3 / A+ A 4.63 3.93 58933YBH7 Merck & Co Callable Note Cont 4/17/2028 4.050% Due 05/17/2028 3,500,000.00 Various 4.06% 3,497,960.40 3,498,010.63 98.26 4.45% 3,439,166.51 17,325.00 1.23% (58,844.12) A1 / A+ NR 4.88 4.36 TOTAL Corporate 75,325,000.00 2.56% 75,783,946.58 75,308,478.82 5.24% 71,551,740.73 631,338.68 25.77% (3,756,738.09) A1 / A+ A+ 2.83 2.49 Money Market Fund 31846V203 First American Govt Obligation Fund Class Y 2,641,553.51 Various 4.70% 2,641,553.51 2,641,553.51 1.00 4.70% 2,641,553.51 0.00 0.94% 0.00 Aaa / AAA AAA 0.00 0.00 TOTAL Money Market Fund 2,641,553.51 4.70% 2,641,553.51 2,641,553.51 4.70% 2,641,553.51 0.00 0.94% 0.00 Aaa / AAA AAA 0.00 0.00 Supranational 4581X0DZ8 Inter-American Dev Bank Note 0.500% Due 09/23/2024 3,680,000.00 09/15/2021 0.52% 3,677,276.80 3,678,881.90 94.22 5.42% 3,467,112.00 5,008.89 1.24% (211,769.90) Aaa / AAA NR 1.24 1.19 459058JB0 Intl. Bank Recon & Development Note 0.625% Due 04/22/2025 2,260,000.00 04/15/2020 0.70% 2,251,253.80 2,256,833.93 92.43 5.05% 2,088,969.98 2,707.29 0.75% (167,863.95) Aaa / AAA NR 1.81 1.76 4581X0DN5 Inter-American Dev Bank Note 0.625% Due 07/15/2025 1,685,000.00 01/13/2021 0.53% 1,692,329.75 1,688,325.62 91.78 4.90% 1,546,575.57 4,856.08 0.55% (141,750.05) Aaa / AAA NR 2.04 1.98 459058JL8 Intl. Bank Recon & Development Note 0.500% Due 10/28/2025 6,000,000.00 Various 0.55% 5,986,632.00 5,993,440.46 90.76 4.74% 5,445,834.00 5,250.00 1.95% (547,606.46) Aaa / AAA AAA 2.33 2.26 As of June 30, 2023 37 716 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 4581X0DV7 Inter-American Dev Bank Note 0.875% Due 04/20/2026 4,615,000.00 04/13/2021 0.97% 4,593,863.30 4,603,146.78 90.21 4.64% 4,163,246.88 7,964.08 1.49% (439,899.90) Aaa / AAA AAA 2.81 2.71 TOTAL Supranational 18,240,000.00 0.67% 18,201,355.65 18,220,628.69 4.91% 16,711,738.43 25,786.34 5.97% (1,508,890.26) Aaa / AAA AAA 2.13 2.06 US Treasury 912828YH7 US Treasury Note 1.500% Due 09/30/2024 3,500,000.00 Various 1.65% 3,474,941.41 3,493,532.37 95.41 5.33% 3,339,493.50 13,196.72 1.20% (154,038.87) Aaa / AA+ AAA 1.25 1.21 9128283J7 US Treasury Note 2.125% Due 11/30/2024 3,000,000.00 Various 1.76% 3,051,650.40 3,014,771.58 95.77 5.26% 2,872,968.00 5,399.59 1.03% (141,803.58) Aaa / AA+ AAA 1.42 1.37 91282CDZ1 US Treasury Note 1.500% Due 02/15/2025 2,000,000.00 05/06/2022 2.92% 1,925,156.25 1,956,039.46 94.38 5.14% 1,887,656.00 11,270.72 0.68% (68,383.46) Aaa / AA+ AAA 1.63 1.56 912828ZC7 US Treasury Note 1.125% Due 02/28/2025 3,500,000.00 03/24/2020 0.52% 3,603,222.66 3,534,846.96 93.73 5.09% 3,280,567.50 13,160.67 1.18% (254,279.46) Aaa / AA+ AAA 1.67 1.61 91282CED9 US Treasury Note 1.750% Due 03/15/2025 2,000,000.00 03/15/2022 2.00% 1,985,312.50 1,991,643.55 94.59 5.09% 1,891,876.00 10,271.74 0.68% (99,767.55) Aaa / AA+ AAA 1.71 1.64 912828ZL7 US Treasury Note 0.375% Due 04/30/2025 4,000,000.00 Various 0.38% 3,998,593.75 3,999,471.47 92.01 4.99% 3,680,312.00 2,527.18 1.31% (319,159.47) Aaa / AA+ AAA 1.84 1.78 91282CFE6 US Treasury Note 3.125% Due 08/15/2025 3,000,000.00 Various 4.34% 2,905,703.13 2,927,645.34 96.58 4.83% 2,897,460.00 35,220.99 1.05% (30,185.34) Aaa / AA+ AAA 2.13 2.00 91282CAM3 US Treasury Note 0.250% Due 09/30/2025 2,500,000.00 10/16/2020 0.32% 2,491,406.25 2,496,090.72 90.57 4.71% 2,264,355.00 1,571.04 0.81% (231,735.72) Aaa / AA+ AAA 2.25 2.19 91282CFP1 US Treasury Note 4.250% Due 10/15/2025 10,000,000.00 Various 4.24% 10,002,724.61 10,002,522.76 98.88 4.77% 9,888,280.00 89,412.56 3.56% (114,242.76) Aaa / AA+ AAA 2.30 2.14 91282CBC4 US Treasury Note 0.375% Due 12/31/2025 1,000,000.00 12/29/2020 0.38% 999,921.88 999,960.90 90.14 4.60% 901,367.00 10.19 0.32% (98,593.90) Aaa / AA+ AAA 2.51 2.43 91282CBH3 US Treasury Note 0.375% Due 01/31/2026 4,000,000.00 02/23/2021 0.58% 3,960,625.00 3,979,351.07 89.78 4.61% 3,591,252.00 6,256.91 1.28% (388,099.07) Aaa / AA+ AAA 2.59 2.51 91282CBQ3 US Treasury Note 0.500% Due 02/28/2026 2,500,000.00 03/26/2021 0.83% 2,459,960.94 2,478,320.53 89.83 4.59% 2,245,702.50 4,177.99 0.80% (232,618.03) Aaa / AA+ AAA 2.67 2.59 91282CBT7 US Treasury Note 0.750% Due 03/31/2026 5,000,000.00 Various 0.85% 4,974,804.69 4,986,100.21 90.38 4.51% 4,519,140.00 9,426.23 1.62% (466,960.21) Aaa / AA+ AAA 2.75 2.66 91282CCF6 US Treasury Note 0.750% Due 05/31/2026 2,000,000.00 06/18/2021 0.91% 1,985,000.00 1,991,149.58 89.82 4.51% 1,796,484.00 1,270.49 0.64% (194,665.58) Aaa / AA+ AAA 2.92 2.82 As of June 30, 2023 38 717 Holdings Report City of Dublin - Account #10198 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration 91282CCW9 US Treasury Note 0.750% Due 08/31/2026 2,000,000.00 08/30/2021 0.77% 1,998,515.63 1,999,059.47 89.19 4.45% 1,783,750.00 5,013.59 0.64% (215,309.47) Aaa / AA+ AAA 3.17 3.06 91282CDG3 US Treasury Note 1.125% Due 10/31/2026 5,000,000.00 Various 1.25% 4,970,498.06 4,979,905.87 89.92 4.41% 4,496,095.00 9,476.91 1.61% (483,810.87) Aaa / AA+ AAA 3.34 3.20 912828Z78 US Treasury Note 1.500% Due 01/31/2027 4,500,000.00 Various 2.15% 4,367,285.16 4,400,624.41 90.58 4.37% 4,076,190.00 28,156.08 1.47% (324,434.41) Aaa / AA+ AAA 3.59 3.40 91282CEN7 US Treasury Note 2.750% Due 04/30/2027 7,000,000.00 Various 3.55% 6,761,484.38 6,803,414.35 94.46 4.33% 6,612,536.00 32,432.06 2.37% (190,878.35) Aaa / AA+ AAA 3.84 3.57 91282CEW7 US Treasury Note 3.250% Due 06/30/2027 9,000,000.00 Various 3.21% 9,018,066.41 9,011,219.87 96.17 4.30% 8,655,471.00 794.84 3.09% (355,748.87) Aaa / AA+ AAA 4.00 3.70 91282CFM8 US Treasury Note 4.125% Due 09/30/2027 10,000,000.00 Various 3.95% 10,074,062.50 10,065,798.56 99.44 4.27% 9,944,140.00 103,688.52 3.59% (121,658.56) Aaa / AA+ AAA 4.25 3.82 91282CGC9 US Treasury Note 3.875% Due 12/31/2027 10,000,000.00 Various 3.70% 10,078,828.13 10,071,999.25 98.60 4.22% 9,859,770.00 1,052.99 3.52% (212,229.25) Aaa / AA+ AAA 4.51 4.08 91282CGT2 US Treasury Note 3.625% Due 03/31/2028 7,000,000.00 Various 3.58% 7,014,042.96 7,013,625.66 97.67 4.17% 6,837,033.00 63,784.15 2.46% (176,592.66) Aaa / AA+ AAA 4.76 4.27 91282CHE4 US Treasury Note 3.625% Due 05/31/2028 2,000,000.00 06/16/2023 4.01% 1,965,703.13 1,965,911.91 97.81 4.12% 1,956,250.00 6,140.71 0.70% (9,661.91) Aaa / AA+ AAA 4.92 4.44 TOTAL US Treasury 104,500,000.00 2.60% 104,067,509.83 104,163,005.85 4.54% 99,278,148.50 453,712.87 35.60% (4,884,857.35) Aaa / AA+ AAA 3.23 3.00 TOTAL PORTFOLIO 292,512,392.45 2.38% 293,312,538.63 292,402,493.84 4.98% 278,736,650.68 1,408,722.69 100.00% (13,665,843.16) Aa1 / AA AAA 2.73 2.34 TOTAL MARKET VALUE PLUS ACCRUALS 280,145,373.37 As of June 30, 2023 39 718 Holdings Report City of Dublin Reporting Account - Account #10219 CUSIP Security Description Par Value/Units Purchase Date Book Yield Cost Value Book Value Mkt Price Mkt YTM Market Value Accrued Int. % of Port. Gain/Loss Moody/S&P Fitch Maturity Duration LAIF 90LAIF$00 Local Agency Investment Fund State Pool 26,092,228.96 Various 3.26% 26,092,228.96 26,092,228.96 1.00 3.26% 26,092,228.96 195,897.03 21.73% 0.00 NR / NR NR 0.00 0.00 TOTAL LAIF 26,092,228.96 3.26% 26,092,228.96 26,092,228.96 3.26% 26,092,228.96 195,897.03 21.73% 0.00 NR / NR NR 0.00 0.00 Local Gov Investment Pool 90CAMP$00 California Asset Mgmt Program CAMP 94,675,878.95 Various 5.20% 94,675,878.95 94,675,878.95 1.00 5.20% 94,675,878.95 0.00 78.27% 0.00 NR / AAA NR 0.00 0.00 TOTAL Local Gov Investment Pool 94,675,878.95 5.20% 94,675,878.95 94,675,878.95 5.20% 94,675,878.95 0.00 78.27% 0.00 NR / AAA NR 0.00 0.00 TOTAL PORTFOLIO 120,768,107.91 4.78% 120,768,107.91 120,768,107.91 4.78% 120,768,107.91 195,897.03 100.00% 0.00 NR / AAA NR 0.00 0.00 TOTAL MARKET VALUE PLUS ACCRUALS 120,964,004.94 As of June 30, 2023 40 719 SECTION |Section 5 |Transactions 41 720 Transaction Ledger City of Dublin - Account #10198 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 04/12/2023 362583AD8 625,000.00 GM Auto Receivable Trust 2023-2 A3 4.47% Due: 02/16/2028 99.997 4.51%624,982.81 0.00 624,982.81 0.00 Purchase 04/12/2023 756109AU8 960,000.00 Realty Income Corp Callable Note Cont 10/15/2027 3.65% Due: 01/15/2028 94.848 4.87%910,540.80 8,468.00 919,008.80 0.00 Purchase 04/27/2023 880591EZ1 1,390,000.00 Tennessee Valley Authority Note 3.875% Due: 03/15/2028 100.734 3.71%1,400,202.60 4,039.69 1,404,242.29 0.00 Purchase 04/28/2023 880591EZ1 1,255,000.00 Tennessee Valley Authority Note 3.875% Due: 03/15/2028 100.525 3.76%1,261,588.75 3,782.43 1,265,371.18 0.00 Purchase 04/28/2023 91282CGT2 2,500,000.00 US Treasury Note 3.625% Due: 03/31/2028 100.121 3.60%2,503,027.34 6,933.06 2,509,960.40 0.00 Purchase 05/16/2023 91282CGT2 3,000,000.00 US Treasury Note 3.625% Due: 03/31/2028 100.621 3.48%3,018,632.81 13,668.03 3,032,300.84 0.00 Purchase 05/17/2023 58933YBH7 820,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 99.919 4.07%819,335.80 0.00 819,335.80 0.00 Purchase 05/17/2023 58933YBH7 495,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 99.883 4.08%494,420.85 0.00 494,420.85 0.00 Purchase 05/17/2023 58933YBH7 685,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 99.875 4.08%684,143.75 0.00 684,143.75 0.00 Purchase 05/17/2023 58933YBH7 1,500,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 100.004 4.05%1,500,060.00 0.00 1,500,060.00 0.00 Purchase 05/22/2023 91282CGT2 1,500,000.00 US Treasury Note 3.625% Due: 03/31/2028 99.492 3.74%1,492,382.81 7,725.41 1,500,108.22 0.00 Purchase 05/30/2023 3137FG6X8 2,815,000.00 FHLMC K077 A2 3.85% Due: 05/25/2028 98.164 4.65%2,763,318.36 8,730.41 2,772,048.77 0.00 Purchase 06/13/2023 89115A2M3 1,000,000.00 Toronto-Dominion Bank Note 5.156% Due: 01/10/2028 99.570 5.26%995,700.00 21,913.00 1,017,613.00 0.00 Purchase 06/14/2023 89115A2M3 2,000,000.00 Toronto-Dominion Bank Note 5.156% Due: 01/10/2028 99.434 5.30%1,988,680.00 44,112.44 2,032,792.44 0.00 March 31, 2023 through June 30, 2023 As of June 30, 2023 42 721 Transaction Ledger City of Dublin - Account #10198 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Purchase 06/20/2023 91282CHE4 2,000,000.00 US Treasury Note 3.625% Due: 05/31/2028 98.285 4.01%1,965,703.13 3,961.75 1,969,664.88 0.00 Subtotal 22,545,000.00 22,422,719.81 123,334.22 22,546,054.03 0.00 TOTAL ACQUISITIONS 22,545,000.00 22,422,719.81 123,334.22 22,546,054.03 0.00 DISPOSITIONS Sale 04/12/2023 912828V80 1,000,000.00 US Treasury Note 2.25% Due: 01/31/2024 98.070 2.32%980,703.13 4,412.98 985,116.11 -18,751.55 Sale 04/27/2023 3133EKZK5 4,000,000.00 FFCB Note 1.6% Due: 08/14/2023 98.978 1.54%3,959,120.00 12,977.78 3,972,097.78 -41,557.49 Sale 04/28/2023 912828WJ5 1,750,000.00 US Treasury Note 2.5% Due: 05/15/2024 97.699 1.91%1,709,736.33 19,820.44 1,729,556.77 -50,532.69 Sale 05/11/2023 037833CU2 3,000,000.00 Apple Inc Callable Note Cont 3/11/2024 2.85% Due: 05/11/2024 97.977 2.32%2,939,310.00 0.00 2,939,310.00 -67,598.60 Sale 05/16/2023 313383YJ4 5,000,000.00 FHLB Note 3.375% Due: 09/08/2023 99.415 2.94%4,970,750.00 31,875.00 5,002,625.00 -36,127.26 Sale 06/14/2023 89114QCB2 2,300,000.00 Toronto Dominion Bank Note 3.25% Due: 03/11/2024 98.217 2.95%2,258,991.00 19,310.42 2,278,301.42 -45,685.47 Sale 06/20/2023 9128282N9 2,000,000.00 US Treasury Note 2.125% Due: 07/31/2024 96.633 1.44%1,932,656.25 16,436.46 1,949,092.71 -81,959.34 Subtotal 19,050,000.00 18,751,266.71 104,833.08 18,856,099.79 -342,212.40 Maturity 06/08/2023 69353RFL7 1,210,000.00 PNC Bank Callable Note Cont 5/9/2023 3.5% Due: 06/08/2023 100.000 1,210,000.00 0.00 1,210,000.00 0.00 Subtotal 1,210,000.00 1,210,000.00 0.00 1,210,000.00 0.00 TOTAL DISPOSITIONS 20,260,000.00 19,961,266.71 104,833.08 20,066,099.79 -342,212.40 March 31, 2023 through June 30, 2023 As of June 30, 2023 43 722 Transaction Ledger City of Dublin Reporting Account - Account #10219 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 04/15/2023 90LAIF$00 174,633.46 Local Agency Investment Fund State Pool 1.000 2.88%174,633.46 0.00 174,633.46 0.00 Purchase 04/30/2023 90CAMP$00 388,754.43 California Asset Mgmt Program CAMP 1.000 5.00%388,754.43 0.00 388,754.43 0.00 Purchase 05/31/2023 90CAMP$00 453,077.32 California Asset Mgmt Program CAMP 1.000 5.20%453,077.32 0.00 453,077.32 0.00 Purchase 06/30/2023 90CAMP$00 408,485.68 California Asset Mgmt Program CAMP 1.000 5.20%408,485.68 0.00 408,485.68 0.00 Subtotal 1,424,950.89 1,424,950.89 0.00 1,424,950.89 0.00 Security Contribution 04/11/2023 90CAMP$00 5,000,000.00 California Asset Mgmt Program CAMP 1.000 5,000,000.00 0.00 5,000,000.00 0.00 Security Contribution 04/18/2023 90CAMP$00 26,000,000.00 California Asset Mgmt Program CAMP 1.000 26,000,000.00 0.00 26,000,000.00 0.00 Subtotal 31,000,000.00 31,000,000.00 0.00 31,000,000.00 0.00 TOTAL ACQUISITIONS 32,424,950.89 32,424,950.89 0.00 32,424,950.89 0.00 DISPOSITIONS Security Withdrawal 04/25/2023 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 05/02/2023 90CAMP$00 2,600,000.00 California Asset Mgmt Program CAMP 1.000 2,600,000.00 0.00 2,600,000.00 0.00 Security Withdrawal 05/08/2023 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 05/16/2023 90CAMP$00 3,600,000.00 California Asset Mgmt Program CAMP 1.000 3,600,000.00 0.00 3,600,000.00 0.00 Security Withdrawal 05/23/2023 90CAMP$00 8,500,000.00 California Asset Mgmt Program CAMP 1.000 8,500,000.00 0.00 8,500,000.00 0.00 Security Withdrawal 06/07/2023 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 March 31, 2023 through June 30, 2023 As of June 30, 2023 44 723 Transaction Ledger City of Dublin Reporting Account - Account #10219 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Security Withdrawal 06/20/2023 90CAMP$00 500,000.00 California Asset Mgmt Program CAMP 1.000 500,000.00 0.00 500,000.00 0.00 Subtotal 18,200,000.00 18,200,000.00 0.00 18,200,000.00 0.00 TOTAL DISPOSITIONS 18,200,000.00 18,200,000.00 0.00 18,200,000.00 0.00 March 31, 2023 through June 30, 2023 As of June 30, 2023 45 724 Important Disclosures 2023 Chandler Asset Management, Inc, An Independent Registered Investment Adviser. Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures.Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio. Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index. Source ICE Data Indices, LLC ("ICE"), used with permission. ICE permits use of the ICE indices and related data on an "as is" basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an "as is" basis and licensee's use it at licensee's own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services. This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates. Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy. Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively. Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account. As of June 30, 2023 46 725 Benchmark Disclosures ICE BofA 1-5 Yr US Treasury & Agency Index* The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. The ICE BofA 1-3 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. As of June 30, 2023 47 726 Transaction Ledger City of Dublin - Account #10198 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 04/12/2023 362583AD8 625,000.00 GM Auto Receivable Trust 2023-2 A3 4.47% Due: 02/16/2028 99.997 4.51%624,982.81 0.00 624,982.81 0.00 Purchase 04/12/2023 756109AU8 960,000.00 Realty Income Corp Callable Note Cont 10/15/2027 3.65% Due: 01/15/2028 94.848 4.87%910,540.80 8,468.00 919,008.80 0.00 Purchase 04/27/2023 880591EZ1 1,390,000.00 Tennessee Valley Authority Note 3.875% Due: 03/15/2028 100.734 3.71%1,400,202.60 4,039.69 1,404,242.29 0.00 Purchase 04/28/2023 880591EZ1 1,255,000.00 Tennessee Valley Authority Note 3.875% Due: 03/15/2028 100.525 3.76%1,261,588.75 3,782.43 1,265,371.18 0.00 Purchase 04/28/2023 91282CGT2 2,500,000.00 US Treasury Note 3.625% Due: 03/31/2028 100.121 3.60%2,503,027.34 6,933.06 2,509,960.40 0.00 Purchase 05/16/2023 91282CGT2 3,000,000.00 US Treasury Note 3.625% Due: 03/31/2028 100.621 3.48%3,018,632.81 13,668.03 3,032,300.84 0.00 Purchase 05/17/2023 58933YBH7 820,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 99.919 4.07%819,335.80 0.00 819,335.80 0.00 Purchase 05/17/2023 58933YBH7 495,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 99.883 4.08%494,420.85 0.00 494,420.85 0.00 Purchase 05/17/2023 58933YBH7 685,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 99.875 4.08%684,143.75 0.00 684,143.75 0.00 Purchase 05/17/2023 58933YBH7 1,500,000.00 Merck & Co Callable Note Cont 4/17/2028 4.05% Due: 05/17/2028 100.004 4.05%1,500,060.00 0.00 1,500,060.00 0.00 Purchase 05/22/2023 91282CGT2 1,500,000.00 US Treasury Note 3.625% Due: 03/31/2028 99.492 3.74%1,492,382.81 7,725.41 1,500,108.22 0.00 Purchase 05/30/2023 3137FG6X8 2,815,000.00 FHLMC K077 A2 3.85% Due: 05/25/2028 98.164 4.65%2,763,318.36 8,730.41 2,772,048.77 0.00 Purchase 06/13/2023 89115A2M3 1,000,000.00 Toronto-Dominion Bank Note 5.156% Due: 01/10/2028 99.570 5.26%995,700.00 21,913.00 1,017,613.00 0.00 Purchase 06/14/2023 89115A2M3 2,000,000.00 Toronto-Dominion Bank Note 5.156% Due: 01/10/2028 99.434 5.30%1,988,680.00 44,112.44 2,032,792.44 0.00 March 31, 2023 through June 30, 2023 As of June 30, 2023 42 Attachment 2 727 Transaction Ledger City of Dublin - Account #10198 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Purchase 06/20/2023 91282CHE4 2,000,000.00 US Treasury Note 3.625% Due: 05/31/2028 98.285 4.01%1,965,703.13 3,961.75 1,969,664.88 0.00 Subtotal 22,545,000.00 22,422,719.81 123,334.22 22,546,054.03 0.00 TOTAL ACQUISITIONS 22,545,000.00 22,422,719.81 123,334.22 22,546,054.03 0.00 DISPOSITIONS Sale 04/12/2023 912828V80 1,000,000.00 US Treasury Note 2.25% Due: 01/31/2024 98.070 2.32%980,703.13 4,412.98 985,116.11 -18,751.55 Sale 04/27/2023 3133EKZK5 4,000,000.00 FFCB Note 1.6% Due: 08/14/2023 98.978 1.54%3,959,120.00 12,977.78 3,972,097.78 -41,557.49 Sale 04/28/2023 912828WJ5 1,750,000.00 US Treasury Note 2.5% Due: 05/15/2024 97.699 1.91%1,709,736.33 19,820.44 1,729,556.77 -50,532.69 Sale 05/11/2023 037833CU2 3,000,000.00 Apple Inc Callable Note Cont 3/11/2024 2.85% Due: 05/11/2024 97.977 2.32%2,939,310.00 0.00 2,939,310.00 -67,598.60 Sale 05/16/2023 313383YJ4 5,000,000.00 FHLB Note 3.375% Due: 09/08/2023 99.415 2.94%4,970,750.00 31,875.00 5,002,625.00 -36,127.26 Sale 06/14/2023 89114QCB2 2,300,000.00 Toronto Dominion Bank Note 3.25% Due: 03/11/2024 98.217 2.95%2,258,991.00 19,310.42 2,278,301.42 -45,685.47 Sale 06/20/2023 9128282N9 2,000,000.00 US Treasury Note 2.125% Due: 07/31/2024 96.633 1.44%1,932,656.25 16,436.46 1,949,092.71 -81,959.34 Subtotal 19,050,000.00 18,751,266.71 104,833.08 18,856,099.79 -342,212.40 Maturity 06/08/2023 69353RFL7 1,210,000.00 PNC Bank Callable Note Cont 5/9/2023 3.5% Due: 06/08/2023 100.000 1,210,000.00 0.00 1,210,000.00 0.00 Subtotal 1,210,000.00 1,210,000.00 0.00 1,210,000.00 0.00 TOTAL DISPOSITIONS 20,260,000.00 19,961,266.71 104,833.08 20,066,099.79 -342,212.40 March 31, 2023 through June 30, 2023 As of June 30, 2023 43 728 Transaction Ledger City of Dublin Reporting Account - Account #10219 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 04/15/2023 90LAIF$00 174,633.46 Local Agency Investment Fund State Pool 1.000 2.88%174,633.46 0.00 174,633.46 0.00 Purchase 04/30/2023 90CAMP$00 388,754.43 California Asset Mgmt Program CAMP 1.000 5.00%388,754.43 0.00 388,754.43 0.00 Purchase 05/31/2023 90CAMP$00 453,077.32 California Asset Mgmt Program CAMP 1.000 5.20%453,077.32 0.00 453,077.32 0.00 Purchase 06/30/2023 90CAMP$00 408,485.68 California Asset Mgmt Program CAMP 1.000 5.20%408,485.68 0.00 408,485.68 0.00 Subtotal 1,424,950.89 1,424,950.89 0.00 1,424,950.89 0.00 Security Contribution 04/11/2023 90CAMP$00 5,000,000.00 California Asset Mgmt Program CAMP 1.000 5,000,000.00 0.00 5,000,000.00 0.00 Security Contribution 04/18/2023 90CAMP$00 26,000,000.00 California Asset Mgmt Program CAMP 1.000 26,000,000.00 0.00 26,000,000.00 0.00 Subtotal 31,000,000.00 31,000,000.00 0.00 31,000,000.00 0.00 TOTAL ACQUISITIONS 32,424,950.89 32,424,950.89 0.00 32,424,950.89 0.00 DISPOSITIONS Security Withdrawal 04/25/2023 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 05/02/2023 90CAMP$00 2,600,000.00 California Asset Mgmt Program CAMP 1.000 2,600,000.00 0.00 2,600,000.00 0.00 Security Withdrawal 05/08/2023 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 Security Withdrawal 05/16/2023 90CAMP$00 3,600,000.00 California Asset Mgmt Program CAMP 1.000 3,600,000.00 0.00 3,600,000.00 0.00 Security Withdrawal 05/23/2023 90CAMP$00 8,500,000.00 California Asset Mgmt Program CAMP 1.000 8,500,000.00 0.00 8,500,000.00 0.00 Security Withdrawal 06/07/2023 90CAMP$00 1,000,000.00 California Asset Mgmt Program CAMP 1.000 1,000,000.00 0.00 1,000,000.00 0.00 March 31, 2023 through June 30, 2023 As of June 30, 2023 44 729 Transaction Ledger City of Dublin Reporting Account - Account #10219 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss Security Withdrawal 06/20/2023 90CAMP$00 500,000.00 California Asset Mgmt Program CAMP 1.000 500,000.00 0.00 500,000.00 0.00 Subtotal 18,200,000.00 18,200,000.00 0.00 18,200,000.00 0.00 TOTAL DISPOSITIONS 18,200,000.00 18,200,000.00 0.00 18,200,000.00 0.00 March 31, 2023 through June 30, 2023 As of June 30, 2023 45 730 Important Disclosures 2023 Chandler Asset Management, Inc, An Independent Registered Investment Adviser. Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures.Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio. Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index. Source ICE Data Indices, LLC ("ICE"), used with permission. ICE permits use of the ICE indices and related data on an "as is" basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an "as is" basis and licensee's use it at licensee's own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services. This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates. Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy. Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively. Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account. As of June 30, 2023 46 731 Benchmark Disclosures ICE BofA 1-5 Yr US Treasury & Agency Index* The ICE BofA 1-5 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. The ICE BofA 1-3 Year US Treasury & Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market. Qualifying securities must have an investment grade rating (based on an average of Moody’s, S&P and Fitch). Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, at least 18 months to maturity at time of issuance, a fixed coupon schedule, and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies. As of June 30, 2023 47 732 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.13 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Payment Issuance Report and Electronic Funds TransfersPrepared by:Gloria Tai,Senior Finance Technician EXECUTIVE SUMMARY:The City Council will receive a listing of payments issued from June 1, 2023 – June 30, 2023, totaling $9,962,380.56 and July 1, 2023 – July 31, 2023, totaling $10,081,559.88. STAFF RECOMMENDATION:Receive the reports. FINANCIAL IMPACT:Summary of Payments IssuedReport Period June 1, 2023 –June 30, 2023Total Number of Payments: 250Total Amount of Payments:$9,962,380.56Report Period July 1, 2023 –July 31,2023Total Number of Payments: 359Total Amount of Payments:$10,081,559.88 DESCRIPTION:The Payment Issuance Report (Attachment 1 and 2) provides a listing of all payments for the period beginning June 1, 2023, through July 31, 2023. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. 733 Page 2 of 2 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. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Payment Issuance Report for June 2023 and July 2023 734 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 1 of 7 Date Issued 6/1/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 143.45 ADVANCED MOBILITY GROUP ADVANCED MOBILITY GROUP ADVANCED MOBILITY GROUP ADVANCED MOBILITY GROUP 2,387.50 44.40 CALPERS Description DRFA UAL LUMP SUM PAYMENT 3,460,000.00 Payments Issued 6/1/2023 Total:3,460,000.00 Payee Amount 900.00 252.50 A4 PROMOTIONS & INCENTIVES ADAMSON POLICE PRODUCTS 321.53 1,225.00 13,623.61 67.31 50.00 495.60 49.36 1,145.74 516.00 13,279.48 50.00 4,256.80 579.84 50.00 4,284.03 827.20 770.00 7,584.00 9,421.20 AT&T AT&T - CALNET 3 BOUND TREE MEDICAL, LLC. CATHERYN M GRIER CDW GOVERNMENT INC CHANDLER ASSET MANAGEMENT CINTAS CORPORATION NO.2 COMCAST DANIEL S COLLEY DARREN PHILLIPS DESIGNED FOR OUTDOORS, LLC DREAM RIDE ELEVATOR DSRSD ECESSA CORPORATION ECS IMAGING INC.1,400.00 43,000.00 16,985.00 25,420.00 1,077.79 ENGEO INC ENGEO INC ENGEO INC ENGEO INC ENGEO INC 17,987.64 13,822.00 750.00 126.25 3,832.00 750.00 50.00 100.00 50.00 50.00 50.00 50.00 BUSINESS CARDS LIN'S BIKE PATROL UNIFORM TRAFFIC SIGNAL SYSTEMS SUPPORT - FEB 2023 ON-CALL ENGINEERING SERVICES - MAR 2023 TRAFFIC SIGNAL SYSTEMS SUPPORT SVCS - APR 2023 ON-CALL ENGINEERING SERVICES MAY 2023 SERVICE TO CIVIC FIRE ALARM 05/01/23 HERITAGE CENTER BACKUP GLOVES PLANNING COMMISSION 5/23/2023 10 ADDITIONAL ADOBE SUBSCRIPTION ANNUAL LIC. INVESTMENT CONSULTING SERVICES MAY 2023 FIRST AID RESTOCK INTERNET/CABLE SVC VARIOUS CITY DEPTS PCS COMMISSION 5-15-2023 HERITAGE AND CULTURAL ARTS COMMISSION 5/11/2023 DON BIDDLE: 16 HAMMOCKS ELEVATOR MAINTENANCE SERVICES - MAY 2023 SERVICE TO 5/14/2023 ECESSA - NETWORK LOAD BALANCER CONFIGURATION OF RETENTION LASERFICHE WORKFLOW FALLON CROSSING GHAD PROF SERVICES FALLON VILLAGE GHAD PROF SERVICES SCHAEFER RANCH GHAD PROF SERVICES STORM RELATED HILL SLIDE PROTECTION SRVCS APR 2023 STORM RELATED HILL SLIDE PROTECTION SRVCS FEB 2023 SOLAR PANEL MAINTENANCE - YEAR 10 -FEB 2023 SOLAR PANEL MAINTENANCE - YEAR 10 -FEB 2023 VEHICLE RENTAL FOR SPECIAL INVESTIGATIONS DUBLIN'S 2023 COMMUNITY SURVEY ACQUISITION AUDIT CFD SERVICES HERITAGE AND CULTURAL ARTS COMMISSION 5/11/2023 TOWING SERVICE WORKSPACE PLANNING STUDY PHOTOGRAPHY SERVICES PHOTOGRAPHY SERVICES ICSC MONTEREY BAY CONFERENCE LUNCH FOR PART TIME STAFF TRAINING 3,848.00 25,000.00 50.00 5,357.50 250.00 90.39 17,612.00 ENGIE SERVICES U.S. INC. ENGIE SERVICES U.S. INC. ENTERPRISE RENT A CAR EAN SERVICES, LLC FAIRBANK, MASLIN, MAULLIN, FRANCISCO & ASSOCIATES, INC. GINA MARIE GARCIA-GABRIELL GOLDEN STATE FLEET SVCS INC GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. HARRELL HARRIS PHOTOGRAPHY HARRELL HARRIS PHOTOGRAPHY HAZEL WETHERFORD GRILLAXIN BBQ SERVICE, LLC. INNOVATION FOR GREEN ADVANCED JANINE THALBLUM JOSEPH THOMAS WASHINGTON II JULIA H. TOMTANIA KIMBERLY HUDSON KIMLEY-HORN AND ASSOC. INC. LAURA GAN LINDA L DAVIS MARC SISTO MATTHEW AINI 50.00 3,415.90 1,633.52 4,214.30 M-GROUP NICHOLAS OCHOA NOVANI, LLC. PACIFIC SURFACING, LLC PG&E 188.39 50.00 3,000.00 3,604.48 PG&E PG&E PG&E PG&E I-GATE ANNUAL MUNICIPAL PARTNERSHIP 2023 PLANNING COMMISSION 5/23/2023 PCS COMMISSION 5/15/2023 HERITAGE AND CULTURAL ARTS COMMISSION 5/11/2023 HERITAGE AND CULTURAL ARTS COMMISSION 5/11/2023 ENGINEERING SERVICES APR 2023 PCS COMMISSION 5-15-2023 CITATION REFUND MILEAGE APR 2023 PLANNING COMMISSION 5/23/2023 PLANNING SVCS-BOULEVARD PH 1-5 PLANNING COMMISSION 5/23/2023 TRAFFIC ENGINEERING SOFTWARE SUPPORT - APR 2023 DV0209 BALANCE REFUND SERVICE TO SCH RNCH PARK 04/30/23 B6 SERVICE TO FSP 5/7/23 B10S SERVICE TO EGP 5/11/23 VAR PARK IRRIGATION 5/8/23 B1 SERVICE TO PASSATEMPO 04/25/23 68.20 Attachment 1 735 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 2 of 7 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/6/2023 6/7/2023 6/7/2023 6/8/2023 6/8/2023 6/8/2023 6/8/2023 6/9/2023 6/9/2023 6/9/2023 6/9/2023 6/9/2023 PG&E B6 SERVICE TO BRAY CMMN 5/11/23 77.93 PG&E B1 SERVICE TO DEVANY 5/11/23 1.39 PG&E B1 SERVICE TO SEAN DIAMOND 04/27/23 143.76 PG&E B1 SERVICE TO POSITANO IRRIG 05/01/23 152.23 PG&E TC1 SERVICE TO FALLON 04/26/23 70.75 PG&E TC1 SERVICE TO 6795 DOUGHERTY 05/03/23 179.46 PG&E B1 SERVICE TO VARIOUS IRRIG 5/11/23 43.47 PG&E B1 SERVICE TO ART LIGHTING AVB 04/25/23 218.19 PG&E B1 ART LIGHT 7401 DUBLIN BLVD 5/2/23 611.92 PG&E SERVICE TO VARIOUS IRRIG 5/8/23 166.89 PG&E TC1 SERVICE TO 3544 DB 5/12/23 98.69 PG&E LS2-A SERVICE TO AVB 05/02/23 1,393.27 PG&E TC1 SERVICE TO TASSAJARA 5/10/23 105.15 PG&E TC1 SERVICE TO VARIOUS LOCATIONS 5/8/23 9,780.56 PG&E TC1 SERVICE TO AVB 04/28/23 69.91 PG&E TC1 SERVICE TO POSITANO 05/02/23 332.85 PG&E SERVICE TO FS16 04/12/23 754.05 PG&E A6 SERVICE TO FS18 5/11/2023 540.82 PG&E A1 SERVICE TO SR CTR 5/11/23 621.80 PG&E SERVICE TO HCP 04/30/23 2,510.09 PG&E B1 SERVICE TO VARIOUS 1997-1 5/11/23 38.30 PG&E SERVICE TO IRRIG WEST 305.14 SHWETA AGRAWAL HERITAGE AND CULTURAL ARTS COMMISSION 5/11/2023 50.00 SIMPLER SYSTEMS, INC SIMPLER SOFTWARE LICENSING SUPPORT 1,500.00 RICHARD THORNBURY PCS COMMISSION 5-15-2023 50.00 SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399 CITY COPIER & PRINTER MAINTENANCE SVCE 2,341.12 PG&E SERVICE TO HPM 04/30/23 492.09 RENATA FLECCHIA TYLER PLANNING COMMISSION 5/23/2023 50.00 T-MOBILE USA, INC.CELL PHONE SERVICES THROUGH 4/21/23 689.71 T-MOBILE USA, INC.TIMING ADVANCE 25.00 SYED SAMEER SHABIR HAKIM PCS COMMISSION 5-15-2023 50.00 TIMEA IHAROSI HERITAGE AND CULTURAL ARTS COMMISSION 5/11/2023 50.00 STEPHEN WRIGHT PLANNING COMMISSION 5/23/2023 50.00 STONERIDGE CHRYSLER JEEP DODGE POLICE VEHICLE MAINTENANCE & REPAIR 5,039.95 U.S. POSTAL SERVICE PLEASANTON MPO BRM ANNUAL MAINTENANCE 860.00 VICKY GANNON DV0112 BALANCE REFUND 1,559.62 TRI-VALLEY COMMUNITY TV RECORD/TELEVISE CITY COUNCIL & PLNG COMM MTGS 985.25 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICES - MAY 2023 22,217.83 TREASURER ALAMEDA COUNTY PW AGENCY-FISCAL DIVISION TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE FEB 2023 21,087.64 TREASURER ALAMEDA COUNTY PW AGENCY-FISCAL DIVISION TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE MAR 2023 47,841.70 Payments Issued 6/6/2023 Total: 448,801.94 WESTEK SYSTEMS INC.AMAG SOFTWARE MAINT & SUPPORT 2,400.00 W-TRANS ENGINEERING SERVICES - APR 2023 1,937.50 VP RPG DUBLIN LLC CASH BOND RELEASE - BLDG-2019-02152 65,000.00 WAHIDA I. RASHID PLANNING COMMISSION 5/23/2023 50.00 CAL PERS PERS RETIREMENT PLAN: PE 6/2/23 87,546.95 CAL PERS HEALTH PREMIUM HEALTH INSURANCE PREMIUM - 2023 150,553.22 Payments Issued 6/7/2023 Total: 108,587.03 U.S. BANK CORPORATE PMT SYSTEM PURCHASE CARD STATEMENT – APR/2023 56,169.10 U.S. BANK CORPORATE PMT SYSTEM PURCHASE CARD STATEMENT – MAY/2023 52,417.93 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 6/2/23 21,839.13 HEALTHEQUITY, INC.HEALTHEQUITY: PE 6/2/23 3,303.07 Payments Issued 6/8/2023 Total: 309,919.68 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 6/2/23 70,819.51 NOOR KAUR DHARNI DON BIDDLE SCHOLARSHIP GRANTEE 1,000.00 US BANK - PARS PARS: PE 6/2/23 5,363.36 I C M A 401 PLAN DEFERRED COMP 401A: PE 6/2/23 1,328.03 I C M A 457 PLAN DEFERRED COMP 457: PE 6/2/23 30,290.02 736 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 3 of 7 6/15/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - MAY 2023 10,725.10 Payments Issued 6/9/2023 Total: 62,123.61 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 97.20 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.32 A4 PROMOTIONS & INCENTIVES PRINTING SERVICES 1,214.64 A4 PROMOTIONS & INCENTIVES PRINTING SERVICES 93.48 Payments Issued 6/15/2023 Total: 10,725.10 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(NAME IT) RADIO ADVERTISEMENT 5,000.00 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(NAME IT) RADIO ADVERTISEMENT 300.00 ALAMEDA COUNTY CLERK NOE ALAMO CREEK PARK 50.00 ALLEN'S AUTOMOTIVE & TOWING IN TOWING SERVICE 280.00 ADVANCED MOBILITY GROUP TRANSPORTATION PLANNING SERVICES -MAY 2023 560.00 AKSHAY ARORA ARORA TENNIS & FITNESS ACADEMY REC CLASS INSTRUCTOR 8,731.43 ANGEL HOUZE CLAY ART C/O JULIE P. KARTONO REC CLASS INSTRUCTOR 90.00 ASIAN PACIFIC ISLANDER AMERICA APAPA ASIAN HERITAGE MONTH CELEBRATION EVENT 1,414.00 AMOSPRO ENTERPRISES, LLC STATE OF THE CITY PRODUCTION 4,995.00 AMY'S ENGRAVED SIGNS & AWARDS NAMEPLATES 414.32 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(NAME IT) RADIO ADVERTISEMENT 3,250.00 AMADOR VALLEY INDUSTRIES LLC SOLID WASTE SVCS-CAMP PARKS - MAY 2023 32,241.92 BRINKS, INC.ARMORED CAR SERVICE 275.07 CARBONIC SERVICE THE WAVE POOL CHEMICALS & MAINTENANCE 518.84 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 129.99 BOUND TREE MEDICAL, LLC.GLOVES 1,145.74 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 706.95 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 267.63 CHABOT-LAS POSITAS COLLEGE DST HUMAN SERVICE GRANT FY2022-23 7,076.14 CHRISTINE PETIT REC CLASS INSTRUCTOR 710.40 CENTRO LEGAL HUMAN SERVICE GRANT FY2022-23 1,550.84 CHABOT-LAS POSITAS COLLEGE DST HUMAN SERVICE GRANT FY2022-23 7,975.00 CASCADIA CONSULTING GROUP, INC SB 1383 IMPLEMENTATION ASSISTANCE 3,370.00 CASCADIA CONSULTING GROUP, INC SB 1383 IMPLEMENTATION ASSISTANCE 8,507.50 CONSOR NORTH AMERICA, INC.BRIDGE AND STRUCTURE ASSET INSPECTION 12,821.50 CSW/STUBER-STROEH ENGINEERING GROUP, INC.GREEN STORMWATER INFRASTRUCTURE ENG SVCS 25,639.75 CIVICA LAW GROUP APC SPECIAL COUNSEL LEGAL SERVICES 15,545.42 COMCAST CIVIC CENTER COMCAST 500M INTERNET 2,300.00 CITY OF PLEASANTON HUMAN SERVICES NEEDS ASSESSMENT 47,573.00 CITYSERVE OF THE TRI-VALLEY HUMAN SERVICE GRANT FY2022-23 12,500.00 DUBLIN CROSSING, LLC DON BIDDLE COMMUNITY PARK PROJECT 1,893,403.12 DUBLIN UNIFIED SCHOOL DISTRICT AFTERSCHOOL REC AUG 2022-DEC 2022 19,295.00 CUSTOM DESIGNS & SPORT INC AWARDS 1,181.48 DSRSD SERVICE TO 5/31/2023 117,242.41 CSW/STUBER-STROEH ENGINEERING GROUP, INC.PLANNING & PRELIMINARY ENGINEERING VILLAGE PARKWAY 10,274.50 CUBIC ITS, INC.TRAFFIC CAMERA - MAY 2023 380.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER SPURR 12/31/22-1/31/23 951.31 DUBLIN UNIFIED SCHOOL DISTRICT STAGER SPURR 2/1/23-3/31/23 1,361.81 DUBLIN UNIFIED SCHOOL DISTRICT RENTAL FEES AFTER SCHOOL PROG JAN 2023 21,565.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER GYM PG&E 1,347.05 DUBLIN UNIFIED SCHOOL DISTRICT PRESCHOOL AT NIELSON ELEMENTARY 6,539.50 DUBLIN UNIFIED SCHOOL DISTRICT RENTAL FEES FOR PORTABLE USE AT NIELSEN 4,874.90 ELECTRONIC INNOVATIONS, INC ON-CALL INTRUSION DETECTION/ALARM SVCS 29,096.09 ELECTRONIC INNOVATIONS, INC ON-CALL INTRUSION DETECTION/ALARM SVCS 700.00 EAST BAY POOL SERVICE, INC.MONTHLY POOL SERVICE - MAY 2023 10,500.00 EAST BAY POOL SERVICE, INC.MONTHLY POOL SERVICE - MURIATIC ACID 1,015.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER PG&E 3/14/23-4/12/23 1,334.87 DUBLIN UNIFIED SCHOOL DISTRICT STAGER SPURR MAY 3- 1 2022 80.28 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 1,055.29 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 250.00 ENTERPRISE RENT A CAR EAN SERVICES, LLC TOLL 7.45 ENTERPRISE RENT A CAR EAN SERVICES, LLC TOLL 6.45 737 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 4 of 7 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 967.44 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 769.48 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES 3,000.00 IMAGE SALES, INC.CITY BADGE CARDS AND CARTRIDGE RIBBON 535.36 GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.DESIGN OF CULTURAL ARTS CENTER - APR 2023 23,190.47 GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.WORKSPACE PLANNING STUDY 5,748.00 EXPRESS SERVICES INC PLANNING OAII TEMP LATISHA SHAW 218.40 GRAY-BOWEN-SCOTT ON-CALL ENGINEERING SVCS-CIP - MAR 2023 708.75 LAKESHORE PARENT, LLC PRESCHOOL CLASSROOM CARPET & SUPPLIES 2,178.03 KALAMAL LLC AMALFI FUSION OUTDOOR OPERATION GRANT 33,585.00 KIDZ LOVE SOCCER REC CLASS INSTRUCTOR 13,932.49 JERROL REAVIS PERFORMANCE AT SUMMER CONCERT SERIES - EVOLUTION 2,500.00 JESSICA RADA REFUND FOR BIKE RODEO SUPPLIES 69.14 IRON MOUNTAIN POLICE RECORDS STORAGE 372.67 JAM SERVICES INC MATERIAL TO REPLACE EXIST CAMERA SYSTEM - JUN 2023 88,692.67 LIVERMORE AUTO GROUP POLICE VEHICLE MAINT & REPAIRS 447.76 LIVERMORE AUTO GROUP POLICE VEHICLE MAINT & REPAIRS 207.76 LANLOGIC INC.LANLOGIC UMBRELLA OPEN DNS WEB PROTECTION 1,050.00 LINCOLN AQUATICS INC 9056 HIGH RANGE DPD & PH COMPARATOR 36.40 LANLOGIC INC.INFORMATION SYSTEMS CONSULTING SVCS 29,290.10 LANLOGIC INC.NETWORK MONITORING 24/7 FY22-23 637.50 METRO SECURITY SERVICES THE WAVE SECURITY SERVICES - MAY 2023 9,440.00 MNS ENGINEERS, INC.TRAFFIC SIGNAL INTERCONNECT PROJECT APR 2023 16,521.04 METRO MOBILE COMMUNICATIONS WHELEN LIGHTS 868.35 METRO SECURITY SERVICES THE WAVE SECURITY SERVICES - APR 2023 9,600.00 LIVERMORE AUTO GROUP POLICE VEHICLE MAINT & REPAIRS 398.90 LYNX TECHNOLOGIES, INC.GIS CONSULTING SERVICES MAY 2023 4,350.00 PARK ENGINEERING, INC.ENERGY EFFICIENCY PROJECT MANAGEMENT 17,445.64 PARK ENGINEERING, INC.ENERGY EFFICIENCY PROJECT MANAGEMENT 12,785.00 NICHOLS CONSULTING ENGINEERS DESIGN SVCS-IRON HORSE NATURE PARK 50,773.00 PAKPOUR CONSULTING GROUP, INC.CONSTRUCTION MGMT-DON BIDDLE COMM PARK APR 2023 19,024.00 MNS ENGINEERS, INC.CONSTR MGMT/INSP-EV CHARGING STATIONS APR 2023 638.60 MNS ENGINEERS, INC.DON BIDDLE COMMUNITY PARK INSPECTIONS APR 2023 3,683.78 PLEASANTON EVENT RENTALS INC CLEANING OF RENTED LINENS 274.60 PLEASANTON EVENT RENTALS INC CLEANING OF RENTED LINENS 161.58 PLAN JPA GENERAL LIABILITY CLAIMS - MAR 2023 2.00 PLAN JPA GENERAL LIABILITY CLAIMS - APR 2023 2,566.21 PLAN JPA GENERAL LIABILITY CLAIMS - 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INC.TOXICOLOGY SERVICES 1,037.34 ROBIN SANDY CRANFORD REC CLASS INSTRUCTOR 1,092.00 QUADIENT LEASING USA, INC.NEOPOST MAIL MACHINE LEASE APR-JUL 2023 1,073.36 REDWOOD TOXICOLOGY LAB. INC.TOXICOLOGY SERVICES 529.38 738 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 5 of 7 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/19/2023 6/20/2023 6/20/2023 6/26/2023 6/26/2023 6/27/2023 6/27/2023 6/27/2023 6/27/2023 6/27/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 REC CLASS INSTRUCTOR 345.60 CHECK STOCK 62000-63999 647.69 PLAN REVIEW SERVICES - MAY 2023 472.50 CITY BANNER PROGRAM - MILITARY BANNERS 2,999.05 PRINTER INK 15.00 REC CLASS INSTRUCTOR 312.90 IPAD/LAPTOP SLEEVES - BRANDED 526.17 HUMAN SERVICE GRANT FY2022-23 13,908.39 POLICE VEHICLE MAINTENANCE & REPAIR 145.41 POLICE VEHICLE MAINTENANCE & REPAIR 1,217.78 HUMAN SERVICES GRANT 1,432.50 CONDUIT INSTALLATION 279,292.40 FY 23 - 24 MEMBERSHIP DUES 810.00 ANNUAL SUPPORT FOR DOWNTOWN DUBLIN WIFI NETWORK 13,987.00 RETIREE STREET SIGN 49.61 RETIREE STREET SIGN 49.61 FALLON SPORTS PARK-PH 3 CONSTRUCTION 211,483.70 MOVIE LICENSES FOR PICNIC FLIX 4,465.00 POLICE VEHICLE MAINTENANCE & REPAIR 977.25 CULTURAL ARTS REMODEL & CIVIC CTR IMPROV 238,355.00 HUMAN SERVICE GRANT FY2022-23 11,675.00 HUMAN SERVICE GRANT FY2022-23 12,000.00 RETURN ASSET SEIZURE FUND CASE: D20-01561 905.64 JAIL ACCESS FEES 5,665.00 PLAN REVIEW & INSPECTION SERVICES - MAY 2023 49,630.00 RETURN ASSET SEIZURE FUND D21-00152 1,313.90 RON HSI TRI-VALLEY AIKIDO SAFECHECKS SELECT IMAGING SENIOR SUPPORT PROGRAM OF THE TRI-VALLEY SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399 SHIR MARTIAL ARTS EMPOWER MARTIAL ARTS SHUMS CODA ASSOCIATES INC SIERRA DISPLAY, INC. SISTER CITIES INTERNATIONAL SMART WAVE TECHNOLOGIES, LLC SPECTRUM COMMUNITY SVCS INC. ST. FRANCIS ELECTRIC, LLC. STONERIDGE CHRYSLER JEEP DODGE STONERIDGE CHRYSLER JEEP DODGE STONERIDGE CHRYSLER JEEP DODGE STRAWN CONSTRUCTION, INC. SUAREZ & MUNOZ CONSTRUCTION SWANK MOTION PICTURES INC THE CONSTRUCTION ZONE, LLC THE CONSTRUCTION ZONE, LLC TRB AND ASSOCIATES, INC. TREASURER ALAMEDA COUNTY TREASURER ALAMEDA COUNTY TREASURER ALAMEDA COUNTY TRI-VALLEY HAVEN FOR WOMEN TRI-VALLEY HAVEN FOR WOMEN UNIVAR SOLUTIONS VALERIE DEAM MC GRATH IRISH DANCERS VERIZON WIRELESS VERIZON WIRELESS WC3-WEST COAST CODE CONSULTANT WEE HOOP, INC. WHENTOWORK, INC.ONLINE SCHEDULING AT WHENTOWORK UPGRADE TO 350 390.00 EPROCESS360 SUBSCRIPTION FEE - FOR PERIOD MAY 2023 14,010.00 REC CLASS INSTRUCTOR 638.40 VERIZON 386.72 VERIZON 1,900.52 THE WAVE POOL CHEMICALS 2,385.37 REC CLASS INSTRUCTOR 648.00 Payments Issued 6/19/2023 Total:3,655,737.46 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC WORLD CUP SOCCER CAMPS CLINICS REC CLASS INSTRUCTOR 3,143.40 TAKS ORDER 1 SIGNAL COMM UPGRADE - APR 2023 463.50 TAKS ORDER 1 SIGNAL COMM UPGRADE -MAY 2023 2,190.01 COMMUNITY WORKFORCE ADMIN SERVICES - APR 2023 3,200.95 TAKS ORDER 1 SIGNAL COMM UPGRADE - DEC 2022 683.62 PERS RETIREMENT PLAN: PE 6/16/23 89,763.81CAL PERS INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 6/16/23 76,477.50 Payments Issued 6/20/2023 Total:15,929.85 DELTA DENTAL PREMIUM - MAY 2023 13,907.73DELTA DENTAL OF CALIFORNIA VISION SERVICE PLAN - (CA)VISION INSURANCE PREMIUM - MAY 2023 2,022.12 DEFERRED COMP 401A: PE 6/16/23 1,328.03 DEFERRED COMP 457: PE 6/16/23 29,867.47 CA STATE WITHHOLDING: PE 6/16/23 22,831.25 HEALTHEQUITY: PE 6/16/23 3,363.07 Payments Issued 6/26/2023 Total:166,241.31 PRINTING & BINDING: WAVE WATERPARK COUPONS 1,982.64 BUSINESS CARDS 60.32 4LEAF INC.BLDG INSPECTIONS & PLAN CHECK SVCS 61,963.00 EMPLOYMENT DEVELOPMENT DEPT HEALTHEQUITY, INC. I C M A 401 PLAN I C M A 457 PLAN US BANK - PARS PARS: PE 6/16/23 9,405.49 Payments Issued 6/27/2023 Total: 66,795.31 A4 PROMOTIONS & INCENTIVES A4 PROMOTIONS & INCENTIVES A4 PROMOTIONS & INCENTIVES A4 PROMOTIONS & INCENTIVES A4 PROMOTIONS & INCENTIVES PRINTING SERVICES - FREE SPEECH SIGNAGE 110.00 BUSINESS CARDS 102.20 PRINTING SERVICES - PICNIC FLIX SIGNAGE 651.30 739 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 6 of 7 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 ALL CITY MANAGEMENT SVCS INC SCHOOL CROSSING GUARD SVCS 6,748.04 AMY'S ENGRAVED SIGNS & AWARDS COUNCIL CHAMBER NAMEPLATE 48.51 ADVANCED INTEGRATED PEST MANAGEMENT PEST CONTROL SERVICES - MAY 2023 5,060.00 APEX GRADING FALLON VILLAGE GHAD SERVICES FV-22-01 600.00 APEX GRADING MAINTENANCE SVCS-SCHAEFER RANCH GHAD SR-22-06 28,000.00 ANTHONY VASQUEZ DUBLIN SUMMER CONCERT SERIES 2,000.00 APEX GRADING FALLON VILLAGE GHAD SERVICES 2023 43,000.00 AMY'S ENGRAVED SIGNS & AWARDS NAMEPLATE 28.94 ANDREW POWELL LIVESCAN REIMBURSEMENT 33.00 AT&T SERVICE TO SHANNON 06/12/2023 206.27 AT&T SERVICE TO SR ALARM 06/12/2023 164.80 AT&T SERVICE TO PSC 06/01/23 92.53 AT&T SERVICE TO WAVE 06/12/2023 92.53 APEX GRADING MAINTENANCE SVCS-SCHAEFER RANCH GHAD SR-22-01 500.00 AT&T SERVICE TO CIVIC FIRE ALARM 6/1/23 47.04 AT&T SERVICE TO FSP FAX 06/14/2023 47.04 AT&T SERVICE TO FS18 06/14/2023 69.78 AT&T SERVICE TO CY FAX 06/14/2023 24.29 AT&T SERVICE TO PSC FIRE ALARM 06/14/2023 47.04 AT&T SERVICE TO LIBRARY 911 06/14/2023 24.29 AT&T SERVICE TO CY 06/14/2023 47.04 AT&T SERVICE TO SHANNON FAX 5/27/2023 24.29 AT&T SERVICE TO FS16 5/27/2023 47.04 AT&T SERVICE TO ELEVATOR 06/14/2023 92.58 AT&T SERVICE TO FS2-3 5/26/2023 290.32 AT&T SERVICE TO CY 06/14/2023 229.29 AT&T SERVICE TO BLDG INSP 06/14/2023 24.29 AT&T - CALNET 3 HERITAGE CENTER BACKUP 52.09 BAY AREA NEWS GROUP EAST BAY LEGAL NOTICE - MAY 2023 405.42 AT&T PSC 600M INTERNET & VOIP SERVICES 2,052.87 AT&T - CALNET 3 ASE CIRCUITS TO 5/31/23 2,327.24 AT&T SERVICE TO CIVIC 5/27/2023 24.29 AT&T CLARK AVE 5/27/2023 24.29 COMCAST INTERNET/CABLE SVC VARIOUS CITY DEPTS 579.84 COMCAST CIVIC CENTER COMCAST 500M INTERNET 2,300.00 BLUEBEAM, INC.BLUEBEAM ANNUAL MAINTENANCE FY23-24 3,270.00 CA SURVEYING & DRAFTING SUPPLY LARGE FORMAT COLOR PLOTTER SUPPLIES 177.52 BIG O'TIRES #7 POLICE VEHICLE MAINT & TIRE INSTALLATION 157.64 BLAISDELL'S BUSINESS PRODUCTS OFFICE SUPPLIES MAY 2023 4,328.23 DENALECT ALARM COMPANY QUARTERLY ALARM CHARGE F/S 18 2023 363.00 DIPIETRO & ASSOC. INC AED COMPONENTS 337.60 CSW/STUBER-STROEH ENGINEERING GROUP, INC.DUBLIN STANDARD PLANS AND DETAILS UPDATE 5/31/23 17,421.00 DARREN PHILLIPS HERITAGE AND CULTURAL ARTS COMMISSION 6/8 50.00 CORODATA SHREDDING, INC.SHRED BIN PICKUP FOR MAY 2023 196.50 CSW/STUBER-STROEH ENGINEERING GROUP, INC.GREEN STORMWATER INFRASTRUCTURE ENG SVCS 5/31/23 20,256.00 DUBLIN CHEVROLET POLICE VEHICLE MAINT & REPAIRS 99.69 DUTCHOVER & ASSOCIATES LANDSCAPE PLAN CHECK & INSPECTIONS 2,051.25 DREAM RIDE ELEVATOR ELEVATOR MAINTENANCE SERVICES MAR 2023 516.00 DUBLIN CHEVROLET POLICE VEHICLE MAINT & REPAIRS 1,443.18 DIPIETRO & ASSOC. INC ANNUAL AED PROGRAM MGMT AND OXYGEN TANK LEASES 3,174.94 DIPIETRO & ASSOC. INC AED COMPONENTS 1,345.75 ENGEO INC FALLON VILLAGE GHAD PROF SERVICES 5/31/23 11,172.47 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 629.48 ECS IMAGING INC.LASERFICHE ANNUAL MAINTENANCE AND SUPPORT 28,040.56 ENGEO INC FALLON CROSSING GHAD PROF SERVICES 5/31/23 190.00 ECONOMIC & PLANNING SYSTEMS, INC.INCLUSIONARY ZONING AND IN-LIEU FEE FEASIBILITY 7,590.00 ECS IMAGING INC.INTEGRATION OF LASERFICHE WITH ENERGOV 23,437.50 GOODFELLOW SEQUOIA AJV IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD PROJ 569,239.94 GVP VENTURES INC FINANCE DIRECTOR EXECUTIVE RECRUITMENT 3,913.44 EVERYTHING GROWS INTERIOR LANDSCAPING INTERIOR PLANT CARE & MAINT. - 2023 212.69 FLOCK GROUP INC LICENSE PLATE READER (LPR) CAMERAS 18,250.00 740 City of Dublin Payment Issuance Report Print Date: 7/6/2023 Payments Dated 6/1/2023 through 6/30/2023 Page 7 of 7 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/28/2023 6/29/2023 Grand Total for Payments Dated 6/1/2023 through 6/30/2023: Total Number of Payments Issued: HEALTHEQUITY, INC.HEALTHCARE BENFT MAY 2023,COMMUTER BENFT 2023 669.50 HINDERLITER, DE LLAMAS & ASSOC SALES TAX AUDIT CONSULTING SVCS FY23 JAN-MAR 2023 7,197.97 KB HOME SOUTH BAY INC DV0554 BALANCE REFUND 6,859.99 KEYSER MARSTON ASSOCIATES, INC REAL ESTATE CONSULTING SERVICES 422.90 JOLT SOFTWARE, INC.INVENTORY SOFTWARE FOR THE WAVE 1,187.87 JULIA H. TOMTANIA HERITAGE AND CULTURAL ARTS COMMISSION 6/8 50.00 JAM SERVICES INC TRAFFIC SIGNAL SUPPLIES - MAY 2023 443.00 JOHNSON CONTROLS SECURITY SOLUTIONS, LLC.ALARM SERVICES - LIBRARY 2023 1,594.17 MEYERS NAVE FALLON VILLAGE GHAD PROFESSIONAL SVCS 5/31/23 2,702.50 M-GROUP PLANNING SVCS-BOULEVARD PH 1-5 6,687.50 LSA ASSOCIATES INC.CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2 1,135.00 MEYERS NAVE FALLON VILLAGE GHAD PROFESSIONAL SVCS 4/30/23 4,998.00 KHB LP DV0316 BALANCE REFUND 1,901.01 LSA ASSOCIATES INC.CEQA DOC PREP FOR QUARRY LN SCHOOL PAC 2,556.25 PLAN JPA GENERAL LIABILITY CLAIMS - MAY 2023 4,114.83 PRIME TIME ENTERTAINMENT SOUND EQUIPMENT RENTAL-SPECIAL EVENTS 1,650.00 OTOCAST, LLC HERITAGE PARK DIGITAL TOUR ANNUAL FEE 540.00 PHOENIX GROUP INFO SYS.PARKING CITATIONS COLLECTED 591.35 NICHOLS CONSULTING ENGINEERS DESIGN SVCS-IRON HORSE NATURE PARK 5/31/23 38,890.00 NISHIL BALI TRAVEL REIMBURSEMNT FOR FINANCE DIRECTOR INTERVIEW 684.87 QUENCH USA, INC.WATER FILTER SYSTEM FOR ALL FACILITIES - 2023 835.44 QUENCH USA, INC.WATER FILTER SYSTEM FOR ALL FACILITIES - 2023 603.93 PRO CYCLES POLICE MOTORCYCLE MAINTENANCE 1,762.58 PRO CYCLES POLICE MOTORCYCLE MAINTENANCE 344.92 PRIME TIME ENTERTAINMENT SOUND EQUIPMENT RENTAL-SPECIAL EVENTS 1,650.00 PRO CYCLES POLICE MOTORCYCLE MAINTENANCE 264.54 RROOAR REC CLASS INSTRUCTOR 675.00 SAWSAN WOLSKI ART SUPPLIES FOR ART BOOTH AT EVENT 610.00 RAYNE OF SAN JOSE WATER SOFTENER SERVICES FS 18 194.35 ROSS RECREATION EQUIPMENT INC DUMOR 58-60 - 6' BENCHES ADOPT A BENCH -MAY 2023 6,299.77 RAYNE OF SAN JOSE WATER SOFTENER SERVICES FS 16 225.40 RAYNE OF SAN JOSE WATER SOFTENER SERVICES FS 17 247.00 T-MOBILE USA, INC.PIO & PW CELL PHONE SERVICES THROUGH 5/21/23 152.41 TRE CONSTRUCTION & MANAGEMENT, INC.DV0222 BALANCE REFUND 1,393.57 STANFORD HEALTH -VALLEYCARE OCCUPATIONAL HEALTH TB TEST 70.00 THE CONSTRUCTION ZONE, LLC RETIREE SIGN 49.61 SPECIAL EVENTS SPECIAL EVENT EQUIPMENT RENTAL 1,983.20 SPECIAL EVENTS SPECIAL EVENT EQUIPMENT RENTAL 2,095.25 TRI-VALLEY JANITORIAL INC.JANITORIAL SERVICES EXTRA SERVICES MAY 2023 6,118.95 UNITED SITE SERVICES OF CA INC SEPTIC TANK SVCS-BLDG INSP TRAILER FEB 2023 726.38 TREASURER ALAMEDA COUNTY RETURN ASSET SEIZURE FUND CASE: D21-00182 2,795.52 TRI-VALLEY JANITORIAL INC.JANITORIAL SUPPLIES SUPPLY MAY 2023 5,135.18 TREASURER ALAMEDA COUNTY PARKING CITATIONS COLLECTED 2,765.50 TREASURER ALAMEDA COUNTY RETURN ASSET SEIZURE FUND D22-703236 13,668.82 UNITED SITE SERVICES OF CA INC SEPTIC TANK SVCS-BLDG INSP TRAILER AUG 2022 726.38 WILLDAN FINANCIAL SERVICES PUBLIC FACILITIES STUDY 2,405.00 UNITED SITE SERVICES OF CA INC SEPTIC TANK SVCS-BLDG INSP TRAILER MAY 2023 726.38 UNITED SITE SERVICES OF CA INC SEPTIC TANK SVCS-BLDG INSP TRAILER MAY 2023 726.38 UNITED SITE SERVICES OF CA INC SEPTIC TANK SVCS-BLDG INSP TRAILER MAR 2023 726.38 UNITED SITE SERVICES OF CA INC SEPTIC TANK SVCS-BLDG INSP TRAILER APR 2023 726.38 9,962,380.56 250 Payments Issued 6/29/2023 Total:10,422.01 UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - 2023 10,422.01 WILLDAN HOMELAND SOLUTIONS ENERGY EFFICIENCY/INFRASTRUCTURE IMPROVEMENTS 627,427.50 Payments Issued 6/28/2023 Total:1,647,097.26 741 Date Issued 7/3/2023 7/5/2023 7/5/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES 2,975.00 HAYWARD RUBBER STAMP CO INC RUBBER STAMPS 111.14 GURUS EDUCATION EAST BAY PUBLIC SPEAKING & EFFECTIVE WR 1,309.00 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES 3,000.00 GRAYBAR ELECTRIC COMPANY, INC.THE WAVE EV CHARGING STATIONS MAY 2023 28,633.03 GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. DESIGN OF CULTURAL ARTS CENTER MAY 2023 25,274.32 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 400.00 EUROPEAN MOBILE WERKS POLICE VEHICLE MAINTENANCE 147.43 EAST BAY POOL SERVICE, INC.MONTHLY POOL SERVICE 2,420.00 ECS IMAGING INC.CONFIGURATION OF RETENTION LASERFICHE WORKFLOW 840.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER SPURR 4/1/23 - 5/2/23 218.55 DUBLIN UNIFIED SCHOOL DISTRICT PG&E STAGER (5/12/23 - 6/11/23)1,253.71 DUBLIN CYCLERY ELECTRIC PATROL BICYCLE (2)5,774.82 DUBLIN UNIFIED SCHOOL DISTRICT CITY WATER (APR 1 - MAY 31, 2023)443.10 DSRSD WALLIS RANCH PLAN REVIEW ADD STAFF TIME -MAY 2023 80.10 DUBLIN CHAMBER OF COMMERCE CONGRESSMAN DESAULNIER BUSINESS MEETING 100.00 DSRSD WALLIS RANCH PLAN REVIEW FEE - MAY 2023 13,950.00 DSRSD ON-SITE 24HR PRESSURE TEST POTABLE WATER WALLIS RN 1,154.00 DANIEL S COLLEY PCS COMMISSION 6/19 50.00 DAVID L. GATES & ASSOCIATES, INC.ALAMO CREEK FENCE DESIGN SERVICES APR 2023 320.00 DAHLIN GROUP INC ACCIDENT REPAIR (CLAIM #27370A9 CONSTRUCT MAR 2023 948.75 DAHLIN GROUP INC ACCIDENT REPAIR (CLAIM #27370A9) CONST. MAY 2023 531.25 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE MAR 2023 2,850.00 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE APR 2023 950.00 CHRISTINE PETIT REC CLASS INSTRUCTOR 1,233.60 CARBONIC SERVICE THE WAVE POOL CHEMICALS & MAINTENANCE 583.48 CARBONIC SERVICE THE WAVE POOL CHEMICALS & MAINTENANCE 536.76 CONTRA COSTA CO.-PUBLIC WORKS DESIGN/ ENVIRO SVCS-TASSAJARA RD REALIGN MAR 2023 46,851.97 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE JAN 2023 285.00 CONSOR NORTH AMERICA, INC.PS&E FOR ST. AND PERSIMMON DR PEDEST PATH APR 2023 40,272.00 CONTRA COSTA CO.-PUBLIC WORKS DESIGN/ ENVIRO SVCS-TASSAJARA RD REALIGN DEC 2022 11,804.88 CODE FOR FUN REC CLASS INSTRUCTOR 206.50 CALEHS ATTN: JOE MOULTON DESIGNATED UST OPERATOR INSP. SVCS JUN 2023 300.00 CALLANDER ASSOCIATES INC.WALLIS RANCH PARK DESIGN SERVICES APR 2023 2,496.27 BPXPRESS WALLIS RANCH BID SET PLANS/SPEC -PRINTING JUN 2023 275.07 BYOG REC STAFF UNIFORMS & PROGRAM SHIRTS 889.80 BKF ENGINEERS ANNUAL STREET RESURFACING PROJECT MAR 2023 2,831.00 BKF ENGINEERS TASSAJARA RD GAP CLOSURE PROJECT APR 2023 10,165.87 BAY ISLAND OFFICIAL ASSOC SPORTS OFFICIATING SERVICES 3,614.00 BFS LANDSCAPE ARCHITECTURE FALLON SPORTS PARK DESIGN SVCS - PHASE 3 MAY 2023 3,181.68 AT&T - CALNET 3 SHANNON CENTER ALARM 9391063350 23.90 AT&T - CALNET 3 HERITAGE 9391018979 24.29 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(NAME IT) RADIO ADVERTISEMENT 300.00 AMOBIUS GROUP INC.PASSPORT ONLINE SCHEDULING 900.00 AKSHAY ARORA ARORA TENNIS & FITNESS ACADEMY REC CLASS INSTRUCTOR 1,814.40 ALLISON KELLY PASCHAL-HUNTER HERITAGE AND CULTURAL ARTS COMMISSION 6/8 50.00 AASKA PATEL REC CLASS INSTRUCTOR 2,870.40 ADVAITH KRISHNA ANOOP KRISHNA PCS COMMISSION 6/19 50.00 A4 PROMOTIONS & INCENTIVES PRINTING SERVICES 197.85 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 97.36 CAL PERS ADMIN FEE 200.00 Payments Issued 7/3/2023 Total: 200.00 City of Dublin Payment Issuance Report Print Date: 8/1/2023 Payments Dated 7/1/2023 through 7/31/2023 Page 1 of 10 Payee Description Amount 4LEAF INC.BUILDING INSPECTION FOR BLDG-2021-01329 MAY 2023 133.00 ADC CONSTRUCTION MANAGEMENT CONTRACT RETENTION 206,867.22 Payments Issued 7/5/2023 Total: 208,273.93 ADC CONSTRUCTION MANAGEMENT CONTRACT RETENTION 1,406.71 Attachment 2 742 City of Dublin Payment Issuance Report Print Date: 8/1/2023 Payments Dated 7/1/2023 through 7/31/2023 Page 2 of 10 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 7/6/2023 ROMO STUDIOS, LLC.HERITAGE PARK PUBLIC ART PROJECT 20,000.00 RES ENVIRONMENTAL OPERATING CO ENVIRONMENTAL MITIGATION SERVICES MAR 2023 774,007.00 RICHARD THORNBURY PCS COMMISSION 6/19 50.00 PRATYUSH BHATIA EMPLOYEE REIMBURSEMENT 40.00 PRO CYCLES POLICE MOTORCYCLE MAINTENANCE 1,134.25 PG&E B6 SERVICE TO LIBRARY 5/31/23 25,753.96 PG&E SERVICE TO HPM 5/30/23 416.05 PG&E B1 SERVICE TO PSC 5/15/23 3,112.48 PG&E A6 SERVICE TO FS16 5/11/23 422.02 PG&E SERVICE TO HCP 5/30/23 2,087.95 PG&E LS2-A SERVICE TO AVELLINA 5/12/23 316.16 PG&E LS2-A SERVICE TO CENTRAL 5/16/23 11.01 PG&E SERVICE TO WAVE 6/6/23 23,091.25 PG&E LS2-A SERVICE TO AVB 6/1/23 1,389.70 PG&E LS2-A SERVICE TO ARN & MART 5/16/23 77.37 PG&E TC1 SERVICE TO POSITANO 6/1/23 312.35 PG&E TC1 SERVICE TO DB 6/6/23 83.93 PG&E TC1 SERVICE TO 6795 DOUGHERTY 6/2/23 183.90 PG&E TC1 SERVICE TO AVB 5/30/23 74.29 PG&E TC1 SERVICE TO FALLON 5/25/23 68.57 PG&E TC1 SERVICE TO FALLON 5/25/23 76.82 PG&E SERVICE TO PSC 5/15/23 4,333.83 PG&E A6 SERVICE TO FS17 6/6/23 186.16 PG&E B1 ART LIGHT 7401 DUBLIN BLVD 6/1/23 271.25 PG&E B1 SERVICE TO ART LIGHTING AVB 5/24/23 209.98 PG&E B1 SERVICE TO POSITANO IRRIG 5/31/23 182.02 PG&E B1 7341 ROSAMOND HILLS CT 6/6/23 8.86 PG&E B1 SERVICE TO PASSATEMPO 05/24/23 64.85 PG&E B1 SERVICE TO SEAN DIAMOND 5/29/23 162.43 PG&E GNR1 SERVICE TO SHANNON CENTER 5/31/23 123.33 PG&E B6 SERVICE TO SCH RNCH PARK 5/30/23 241.84 PG&E B10S SERVICE TO CIVIC CENTER 5/15/23 3,648.06 PG&E SERVICE TO CORP YARD 5/31/2023 1,491.29 PAKPOUR CONSULTING GROUP, INC.CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 MAY 2023 10,314.50 PG&E B1 IRRIG 2979 THREE CASTLES 5/29/23 29.29 ONE WORKPLACE L. FERRARI LLC CORP YARD FURNITURE & DESIGN - JUN 2023 12,540.94 PAKPOUR CONSULTING GROUP, INC.CONSTRUCTION MGMT-DON BIDDLE COMM PARK MAY 2023 10,462.00 NICOLE WANZENRIED MILEAGE REIMBURSEMENT MAY 2023 56.85 NOVANI, LLC.TRAFFIC ENGINEERING SOFTWARE SUPPORT OCT 2023 2,611.00 NATIONAL EMBLEM, INC NEW DPS PATCHES 2,780.82 NEVCO SPORTS, LLC.SCOREBOARD POWER CORD 61.93 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD APR 2023 68,387.48 MNS ENGINEERS, INC.IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD MAR 2023 60,957.28 MCE CORPORATION MAINTENANCE SERVICES - APR 2023 535,664.92 MEYERS NAVE FOR PROFESSIONAL SERVICES RENDERED THROUGH FEB 2023 69,927.85 MARK THOMAS & COMPANY, INC.IRON HORSE TRAIL CROSSING DESIGN SVCS MAY 2023 2,860.26 MATTHEW T GILLER PCS COMMISSION 6/19 50.00 LIVERMORE AUTO GROUP POLICE VEHICLE MAINT & REPAIRS 225.26 LIVERMORE AUTO GROUP POLICE VEHICLE MAINT & REPAIRS 214.34 LAURA GAN PCS COMMISSION 6/19 50.00 LINCOLN AQUATICS INC CHEMICAL TESTING SUPPLIES 36.40 KNORR SYSTEMS, INC.ANNUAL HEATER SERVICE 1,257.19 L.N. 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NPDES PERMIT INSPECTION/ILLICIT DISCHARGE RESPONSE 4,647.00 STORM WATER INSPECTION & MAINTENANCE SERVICES, INC FULL TRASH CAPTURE MAINTENANCE 18,970.00 STRAWN CONSTRUCTION, INC.CULTURAL ARTS REMODEL & CIVIC CTR IMPROV 460,037.50 PRUDENTIAL OVERALL SUPPLY MAT SERVICES SENIOR JUN 2023 91.75 R. YOUNAN LLC REC CLASS INSTRUCTOR 11,092.20 SKATESATIONAL REC CLASS INSTRUCTOR 405.00 SHARON IRMEN REFUND FOR CANCELED SENIOR TRIP 80.00 RROOAR REC CLASS INSTRUCTOR 2,052.00 SQUAD ESTATES SKYHAWKS TRI VALLEY EAST BAY REC CLASS INSTRUCTOR 29,920.25 SMITH ART CONSERVATION PUBLIC ART CLEANING, REPAIR, AND CONSERVATION 1,500.00 SNG & ASSOCIATES INC.CIP BUILDING DEPT. 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INC.HOUSING ELEMENT UPDATE CONSULTING SERVICES 1,971.71 KNORR SYSTEMS, INC.ANNUAL HEATER SERVICE 1,816.02 MEREDITH FAMILY INC REC CLASS INSTRUCTOR 11,544.24 MARC SISTO MILEAGE REIMBURSEMENT JUN 2023 119.87 MATTHEW AINI PLANNING COMMISSION 7/11/2023 50.00 LSA ASSOCIATES INC.SCHAEFER RANCH FUELS NBS 2023 4/30/2023 4,425.90 LYNX TECHNOLOGIES, INC.GIS CONSULTING SERVICES JUN 2023 3,300.00 KIMLEY-HORN AND ASSOC. INC.HOUSING ELEMENT UPDATE CONSULTING SERVICES 7,855.46 KIMLEY-HORN AND ASSOC. INC.HOUSING ELEMENT UPDATE CONSULTING SERVICES 5,925.59 KIMLEY-HORN AND ASSOC. INC.HOUSING ELEMENT UPDATE CONSULTING SERVICES 8,850.58 KIMLEY-HORN AND ASSOC. INC.HOUSING ELEMENT UPDATE CONSULTING SERVICES 5,810.53 KIMLEY-HORN AND ASSOC. INC.HOUSING ELEMENT UPDATE CONSULTING SERVICES 837.16 LEHR AUTO 23D31 2023 GMC ACADIA EMERGENCY EQUIP AND INSTALL 6,690.76 JOHN WHITE SIU OPERATIONS FUNDS REPLENISH 200.00 JEAN JOSEY LOCC BOARD & LEADERSHIP CONFERENCE REIMBURSEMENT 25.00 JENNIFER BERMAN FACILITY RENTALS DEPOSIT REFUND FOR PERMIT R7103 750.00 IRON MOUNTAIN POLICE RECORDS STORAGE 372.67 JANINE THALBLUM PLANNING COMMISSION 7/11/2023 50.00 KIDZ LOVE SOCCER REC CLASS INSTRUCTOR 3,993.60 KASHEF QAADRI NATIONAL LEAGUE OF CITIES CONFERENCES 1,405.92 HEALTHEQUITY, INC.HEALTHCARE (JUN 2023) & COMM BENEFIT (JUL 2023)664.25 GOODWIN CONSULTING GROUP, INC.CFD SPECIAL TAX ADMINISTRATION 1,105.00 GOODWIN CONSULTING GROUP, INC.CFD SPECIAL TAX ADMINISTRATION 1,626.13 GOODWIN CONSULTING GROUP, INC.CFD SPECIAL TAX ADMINISTRATION 715.00 GOODWIN CONSULTING GROUP, INC.CFD 2017 & 2015 SERVICES AND FACILITIES 455.00 JENNIFER JOHNSON MILEAGE REIMBURSEMENT - JUN 2023 20.63 FELICIA ESCOVER MILEAGE REIMBURSEMENT 24.88 GOLDEN STATE WARRIORS LLC JR. WARRIORS JERSEYS AND COACHES SHIRTS 15,640.00 EVERYTHING GROWS INTERIOR LANDSCAPING INTERIOR PLANT CARE & MAINT. - JUL 2023 212.69 EOA, INC.EVIRON & SUS DIVISION PLAN REVIEW MAY 2023 1,937.50 EVERPRO KIDS REC CLASS INSTRUCTOR 4,332.60 GURUS EDUCATION EAST BAY PUBLIC SPEAKING & EFFECTIVE WR 1,029.00 EOA, INC.EVIRON & SUS DIVISION PLAN REVIEW MAR 2023 4,333.75 EOA, INC.EVIRON & SUS DIVISION PLAN REVIEW APR 2023 1,573.75 ENGEO INC FALLON VILLAGE GHAD PROF SERVICES 6/30/2023 9,376.50 ENTERPRISE RENT A CAR EAN SERVICES, LLC VEHICLE RENTAL FOR SPECIAL INVESTIGATIONS 2,168.64 EMC CORPORATION DELL IDPA BACKUP SYSTEM SUPPORT FY22/23 20,493.60 ENGEO INC SCHAEFER RANCH GHAD PROF SERVICES 12,213.10 747 City of Dublin Payment Issuance Report Print Date: 8/1/2023 Payments Dated 7/1/2023 through 7/31/2023 Page 7 of 10 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 7/18/2023 WESTEK SYSTEMS INC.AMAG SOFTWARE MAINT & SUPPORT 2,400.00 WILLDAN FINANCIAL SERVICES PUBLIC FACILITIES STUDY 2,140.00 WEE HOOP, INC.REC CLASS INSTRUCTOR 1,924.80 WC3-WEST COAST CODE CONSULTANT EPROCESS360 SUBSCRIPTION FEE - 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MAY 2023 927.50 I C M A 401 PLAN DEFERRED COMP 401A: PE 7/14/23 53,076.56 GVP VENTURES INC FINANCE DIRECTOR EXECUTIVE RECRUITMENT 447.02 HEALTHEQUITY, INC.HEALTHEQUITY: PE 7/14/23 6,803.07 ENGEO INC SCHAEFER RANCH GHAD PROF SERVICES - JUN 2023 4,480.01 GRANICUS, LLC.GRANICUS ANNUAL MAINTENANCE FOR AGENDA MANAGMENT 41,826.55 ECS IMAGING INC.DOCUMENT SCANNING SERVICES 15,350.50 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 7/14/23 23,146.16 ECONOMIC & PLANNING SYSTEMS, INC.INCLUSIONARY ZONING AND IN-LIEU FEE FEASIBILITY 13,008.75 ECS IMAGING INC.LASERFICHE ANNUAL SUPPORT-EXTRA LICENSES 8,142.00 DUTCHOVER & ASSOCIATES ENGINEERING PLAN REVIEW SERVICES MAR 2023 1,412.50 EAST BAY POOL SERVICE, INC.MONTHLY POOL SERVICE 10,500.00 AT&T SERVICE TO SHANNON FAX 06/27/23 24.29 ALL CITY MANAGEMENT SVCS INC SCHOOL CROSSING GUARD SVCS 874.24 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(NAME IT) RADIO ADVERTISEMENT 3,250.00 AKSHAY ARORA ARORA TENNIS & FITNESS ACADEMY REC CLASS INSTRUCTOR 1,944.00 COMCAST INTERNET/CABLE SVC VARIOUS CITY DEPARTMENTS 579.84 CSW/STUBER-STROEH ENGINEERING GROUP, INC.ENGINEERING PLAN REVIEW SERVICES APR 2023 210.00 CAL PERS PERS RETIREMENT PLAN: PE 7/14/23 98,889.20 CHRISTOPHER GARCIA DV0401 BALANCE REFUND 2,970.30 AT&T SERVICE TO CIVIC 06/27/2023 24.29 BAY AREA NEWS GROUP EAST BAY LEGAL NOTICES - 6/1/2023-6/30/2023 731.86 Payments Issued 7/21/2023 Total: 78,201.38 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 7/14/23 78,201.38 Payments Issued 7/18/2023 Total: 5,261,942.45 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV REC FACILITY/EVENT(NAME IT) RADIO ADVERTISEMENT 5,000.00 WORLD CUP SOCCER CAMPS CLINICS REC CLASS INSTRUCTOR 5,830.20 749 City of Dublin Payment Issuance Report Print Date: 8/1/2023 Payments Dated 7/1/2023 through 7/31/2023 Page 9 of 10 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/24/2023 7/25/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 GREGORY SHREEVE WELLREIMB JAN-JUN 150.00 GABRIELLE ABDON WELLREIMB JAN-JUN 150.00 GASPARE ANNIBALE WELLREIMB JAN-JUN 150.00 EMILY DETERMAN WELLREIMB JAN-JUN 150.00 FELICIA ESCOVER WELLREIMB JAN-JUN 150.00 DEBBIE BELL WELLREIMB JAN-JUN 150.00 ELISABETH HOGUE WELLREIMB JAN-JUN 139.94 DANIELLE MUTHER WELLREIMB JAN-JUN 120.00 DARLYNN HAAS WELLREIMB JAN-JUN 150.00 CIERRA L. FABRIGAS WELLREIMB JAN-JUN 150.00 CRYSTAL DE CASTRO WELLREIMB JAN-JUN 75.00 CARLOS MOYA WELLREIMB JAN-JUN 150.00 CHRISTAIN KNIGHT WELLREIMB JAN-JUN 100.00 ARIDAI MANRIQUE WELLREIMB JAN-JUN 150.00 BRIDGET AMAYA WELLREIMB JAN-JUN 150.00 DSRSD SERVICE TO 6/30/2023 12,258.27 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC TAKS ORDER 1 SIGNAL COMM UPGRADE MAY 2023 969.19 Payments Issued 7/24/2023 Total: 830,007.48 ANASTASIA NELSON WELLREIMB JAN-JUN 150.00 ANTHONY CALVO WELLREIMB JAN-JUN 150.00 Payments Issued 7/25/2023 Total: 12,258.27 US BANK - PARS PARS: PE 7/14/23 8,758.05 WORKFORCE INTEGRITY & TRAINING SOLUTIONS, LLC TAKS ORDER 1 SIGNAL COMM UPGRADE JUN 2023 872.20 T-MOBILE USA, INC.CELL PHONE SERVICES THROUGH 6/20/23 689.71 TREASURER ALAMEDA COUNTY FINGERPRINTS 589.57 STANFORD HEALTH -VALLEYCARE OCCUPATIONAL HEALTH TB TEST - K. BALAJI 35.00 STEVEN MINNIEAR DUBLIN HISTORY BOOKS FOR CC IRELAND TRIP 121.15 SNG & ASSOCIATES INC.ENGINEERING PLAN REVIEW SERVICES MAR 2023 19,074.50 SNG & ASSOCIATES INC.ENGINEERING PLAN REVIEW SERVICES MAY 2023 8,279.50 SNG & ASSOCIATES INC.ENGINEERING PLAN REVIEW SERVICES JAN 2023 20,864.25 SNG & ASSOCIATES INC.ENGINEERING PLAN REVIEW SERVICES JUN 2023 9,537.75 SNG & ASSOCIATES INC.ENGINEERING PLAN REVIEW SERVICES APR 2023 8,316.00 SNG & ASSOCIATES INC.ENGINEERING PLAN REVIEW SERVICES FEB 2023 15,295.75 QUADIENT FINANCE USA, INC.POSTAGE FOR JUN 2023 544.92 SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399 CITY COPIER & PRINTER MAINTENANCE SVCE 2,575.23 PG&E TC1 SERVICE TO DB 7/6/23 78.65 PG&E B6 SERVICE TO LIBRARY 6/13/23 70.43 PG&E TC1 SERVICE TO FALLON 06/26/23 82.35 PG&E TC1 SERVICE TO AVB 06/28/23 66.50 PG&E B1 7341 ROSAMOND HILLS CT 7/6/23 15.16 PG&E SERVICE TO POSITANO IRRIG 06/29/23 2.56 PG&E B1 IRRIG 2979 THREE CASTLES 06/27/23 25.69 PG&E B1 SERVICE TO PASSATEMPO 06/25/23 77.82 PG&E SERVICE TO IRRIG WEST 06/01/23 336.82 PG&E SERVICE TO HPM 06/28/23 353.84 PG&E TC1 SERVICE TO DB 6/14/23 32,288.89 PG&E SERVICE TO FS16 06/11/23 10,176.71 PG&E SERVICE TO WAVE 7/6/23 26,461.73 PG&E SERVICE TO HCP 06/28/23 1,946.56 PG&E LS2-A SERVICE TO AVB 06/30/23 1,351.22 PG&E IRRIGATION SERVICE TO 6/30/23 329.86 PG&E A6 SERVICE TO FS17 7/6/23 118.36 PG&E TC1 SERVICE TO POSITANO 06/30/23 295.54 PG&E B1 SERVICE TO GG IRRIG - 6/14/23 34,096.88 PG&E SERVICE TO ART LIGHTING AVB 06/25/23 251.00 PG&E B1 SERVICE TO POSITANO IRRIG 06/29/23 313.85 PG&E B1 ART LIGHT 7401 DUBLIN BLVD 7/2/23 276.35 750 City of Dublin Payment Issuance Report Print Date: 8/1/2023 Payments Dated 7/1/2023 through 7/31/2023 Page 10 of 10 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/26/2023 7/28/2023 Total Number of Payments Issued: Grand Total for Payments Dated 7/1/2023 through 7/31/2023:10,081,559.88 359 Payments Issued 7/28/2023 Total: 280.50 INTERNAL REVENUE SERVICE ANNUAL FEDERAL EXCISE TAX 280.50 YVONNE L. TAYLOR WELLREIMB JAN-JUN 150.00 Payments Issued 7/26/2023 Total: 7,081.92 WING YEE LAM WELLREIMB JAN-JUN 144.82 WING YI TAI WELLREIMB JAN-JUN 75.00 TYLER PHILLIPS WELLREIMB JAN-JUN 51.98 WILLIAM WAHBEH WELLREIMB JAN-JUN 145.00 SHARLENE JACKMAN WELLREIMB JAN-JUN 150.00 TONY LAM WELLREIMB JAN-JUN 150.00 SANDRA CAIRES WELLREIMB JAN-JUN 150.00 SARAH MONNASTES WELLREIMB JAN-JUN 150.00 ROSEMARY ALEX WELLREIMB JAN-JUN 150.00 RYAN MORAN WELLREIMB JAN-JUN 150.00 RHONDA FRANKLIN WELLREIMB JAN-JUN 150.00 ROEL BLANCO WELLREIMB JAN-JUN 150.00 OLIVER CASTILLO WELLREIMB JAN-JUN 150.00 PRATYUSH BHATIA WELLREIMB JAN-JUN 150.00 NICOLE WANZENRIED WELLREIMB JAN-JUN 150.00 NORMAN VALES WELLREIMB JAN-JUN 150.00 MEAGAN C. HANNA WELLREIMB JAN-JUN 150.00 MICHELLE SUNG WELLREIMB JAN-JUN 150.00 MARISSA CLEVENGER WELLREIMB JAN-JUN 103.15 MARSHA MOORE WELLREIMB JAN-JUN 150.00 LAURIE SUCGANG WELLREIMB JAN-JUN 44.09 LISA HISATOMI WELLREIMB JAN-JUN 150.00 LAUREN MARRIOTT WELLREIMB JAN-JUN 150.00 LAURIE RITH-CHAN WELLREIMB JAN-JUN 150.00 JORDAN FOSS WELLREIMB JAN-JUN 150.00 KIRA EVERS WELLREIMB JAN-JUN 112.99 JENNIFER MENDEZ WELLREIMB JAN-JUN 150.00 JOHN STEFANSKI WELLREIMB JAN-JUN 150.00 JEFFREY R. GALLEGOS WELLREIMB JAN-JUN 119.95 JENNIFER LI MARZI WELLREIMB JAN-JUN 150.00 JACQUI HATZIKOKOLAKIS WELLREIMB JAN-JUN 150.00 JAY BAKSA WELLREIMB JAN-JUN 150.00 HAZEL WETHERFORD WELLREIMB JAN-JUN 150.00 751 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.14 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Appointments to the City Council 2023 Ad Hoc Audit Review CommitteePrepared by:Jay Baksa, Finance Director EXECUTIVE SUMMARY:The City’s independent auditor, Badawi and Associates, has commenced the field work necessaryto complete the Annual Comprehensive Financial Report for the year ending June 30, 2023. The City Council will consider the establishment of an Ad Hoc Committee comprising two members of the City Council, who will review the audit process and final report with the auditors. STAFF RECOMMENDATION:Confirm the Mayor’s recommendation of Mayor Hernandez and Councilmember Qaadri as the 2023 Ad Hoc Audit Review Committee. FINANCIAL IMPACT:The cost of the audit was included in the Fiscal Year 2023-24 Adopted Budget. DESCRIPTION:The independent auditors from the firm of Badawi and Associates are required to follow protocolsestablished by the Governmental Auditing Standards Board and issue their directives indocuments referenced as the Statement on Accounting Standards, which are applicable to bothprivate and governmental entities.These standards require that the auditors communicate directly with those charged withgovernance. The Ad Hoc Audit Review Committee, which includes two members of the City Council appointed by the Mayor, is established each year for this purpose. After the Committee has had an opportunity to review and discuss the report with the auditors, Staff will prepare an agenda item for action by the entire City Council at a future meeting.Last year, the Ad Hoc Committee included Councilmembers Hu and Vice Mayor McCorriston. The 752 Page 2 of 2 Mayor has recommended the appointment of Mayor Hernandez and Councilmember Qaadri to serve as the 2023 Ad Hoc Audit Review Committee. STRATEGIC PLAN INITIATIVE:None NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:None. 753 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.15 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of Plans and Specifications, Award of Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing Project, CIP No. ST0117Prepared by:Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY:The City Council will consider approving the plans and specifications and awarding a construction contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing Project. The project will resurface multiple street segments with a slurry seal that will prolong the life of the existing pavement surface. STAFF RECOMMENDATION:Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing (July 2023 Slurry Seal) Project, CIP No. ST0117. FINANCIAL IMPACT:The bid submitted by American Asphalt Repair & Resurfacing Co., Inc. is $706,586.60. Staff recommends a construction contingency of $100,000 (about 14%) to facilitate change orders for unforeseen construction issues, bringing the total potential construction cost to $806,586.60. Sufficient funds are available in the approved budget for CIP No. ST0117. 754 Page 2 of 3 DESCRIPTION:The 2022-2027 Capital Improvement Program (CIP) includes the Annual Street ResurfacingProject, CIP No. ST0117 (Attachment 2). The Annual Street Resurfacing Project provides for various types of pavement improvements from slurry seal to major rehabilitation of roadways. The construction will include localized repair of failed asphalt concrete pavement, slurry seal, and pavement delineation on 46 street segments as shown on the Location Map (Attachment 3). The total project includes approximately 1.1 million square feet of slurry seal and approximately 21,000 square feet of pavement “Hot Mix Asphalt” dig out repairs. Slurry seal is a preventative maintenance technique used to prolong the life of asphalt concrete surfacing. As streets begin to show wear and stress cracks, it is important to seal the cracks to keep water from getting under the roadway pavement. Slurry consists of a sand/oil mixture which seals cracks and provides a new, uniform wearing surface.Original Bid ProcessOn June 20, 2023, the City Council adopted Resolution No. 69-23 authorizing the City Manager to consider, approve, award, and execute the contract and other associated administrative matters needed for the project within existing budgetary appropriations during the City Council’s scheduled recess.On June 15, 2023, the City of Dublin publicly opened bids for the Annual Street Resurfacing (2023 Slurry Seal) Project. Four bids were received ranging from $1,053,656.70 to $1,292,000.00 with American Asphalt Repair & Resurfacing Co., Inc. being the lowest responsive and responsiblebidder at $1,112,824.80 or 31% over the Engineer’s Estimate for construction and not within existing approved budgetary appropriations. Staff recommended that the City Manager reject all the bids, abandon the 2023 Slurry Seal Project as structured, and revise the scope of the project. Staff then prepared a modifiedproject within the Engineer’s Estimate of $850,000.Revised Bid Process and ResultsThe City of Dublin issued a revised bid package for the Annual Street Resurfacing (July 2023 Slurry Seal) Project on July 3, 2023. The bid package consisted of 16 base bid items. Four sealed bids were received on July 24, 2023, with the base bids ranging from $706,586.60 to $921,129.00. The lowest base bid of $706,586.60 was submitted by American Asphalt Repair & Resurfacing Co., Inc.A summary of the bids is provided as Attachment 4.To facilitate the approval of contract change orders and avoid construction delays, it is requested that the City Manager be authorized to approve change orders up to the contingency amount of $100,000. The resolution will authorize this change as it relates to the project.If the construction contract is awarded to American Asphalt Repair & Resurfacing Co., Inc., Staff expects work to begin in early September 2023 and complete in November 2023.California Environmental Quality Act (CEQA)This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines. 755 Page 3 of 3 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. A courtesy copy of this report was sent to American Asphalt Repair & Resurfacing Co., Inc. and Alameda County Transportation Commission’s Independent Watchdog Committee. ATTACHMENTS:1) Resolution Approving the Plans and Specifications and Awarding a Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing (July 2023 Slurry Seal)Project, CIP No. ST01172) CIP No. ST01173) July 2023 Slurry Seal Project Location Map4) July 2023 Slurry Seal Bid Results 756 Attachment 1 Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 1 of 2 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO AMERICAN ASPHALT REPAIR & RESURFACING CO., INC. FOR THE ANNUAL STREET RESURFACING (JULY 2023 SLURRY SEAL) PROJECT, CIP NO. ST0117 WHEREAS, pursuant to Resolution No. 69-23, in which the City Council delegated to the City Manager the authority to approve plans and award contracts for among other things the 2023 Slurry Seal project, Staff prepared plans, specifications and bid documents for the Annual Street Resurfacing (2023 Slurry Seal) Project; and WHEREAS, in accordance with the Municipal Code, California Public Contract Code Section 20162 and other applicable laws, City Staff solicited bids for the 2023 Slurry Seal Project; and WHEREAS, on June 15, 2023, four bids were received and publicly opened in accordance with applicable laws; and WHEREAS, the lowest responsive and responsible bid for the 2023 Slurry Seal Project was from American Asphalt Repair & Resurfacing Co., Inc. for $1,112,824.80; and WHEREAS, the lowest bid received exceeded the Engineer’s Estimate and was not within existing approved budgetary appropriations, and the City Manager rejected all bids in accordance with the authority delegated pursuant to Resolution 69-23 and abandoned the 2023 Slurry Seal Project; and WHEREAS,Staff and the design team prepared the plans, specifications and bid documents for a new project designated as the Annual Street Resurfacing (July 2023 Slurry Seal) Project; and WHEREAS,the City of Dublin did, on July 24, 2023, publicly open, examine, and declare all sealed bids for doing the work described in the plans and specifications for the July 2023 Slurry Seal Project, which plans and specifications are hereby expressly referred to for a description of said work and for all particulars relative to the proceedings under the request for bids; and WHEREAS,said bid submitted to Staff by American Asphalt Repair & Resurfacing Co., Inc. was determined to be the lowest responsive and responsible bidder for doing said work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Plans and Specifications for the July 2023 Slurry Seal Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby award the Contract for the July 2023 Slurry Seal Project to the lowest responsive and responsible bidder, American Asphalt Repair & Resurfacing Co., Inc. at a base bid of $706,586.60, the particulars of which bids are on file in the Office of the Public Works Director. 757 Reso. No. XX-23, Item X.X, Adopted 08/15/23 Page 2 of 2 BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve the July 2023 Slurry Seal Project Contract Change Orders based on the appropriated funds designated for the project up to the contingency amount of $100,000. BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Construction Agreement for the July 2023 Slurry Seal Project with American Asphalt Repair & Resurfacing Co., Inc. PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 758 Number ST0117 Program STREETS PRIOR YEARS 2022-2023 BUDGET 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 9100 $142,884 $48,991 $35,360 $35,360 $35,360 $35,360 $333,315 9200 $1,484,397 $684,947 $340,000 $340,000 $360,000 $360,000 $3,569,344 9400 $7,796,520 $3,023,727 $1,917,401 $1,917,401 $2,170,601 $2,170,601 $18,996,251 9500 $9,022 $40,169 $7,120 $7,120 $8,000 $8,000 $79,431 $9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341 PRIOR YEARS 2022-2023 BUDGET 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALS 1001 $467,999 $467,999 2201 $3,456,188 $1,232,833 $600,920 $725,920 $800,000 $800,000 $7,615,861 2204 $1,484,999 $300,000 $1,784,999 2205 $300,000 $300,000 2214 $1,806,020 $450,000 $575,000 $450,000 $650,000 $650,000 $4,581,020 Measure BB Sales Tax - Local Streets Fund Measure B Sales Tax - Bike & Pedestrian Fund General Fund ANNUAL STREET RESURFACING ESTIMATED COSTS Measure B Sales Tax - Local Streets Fund Salaries & Benefits FUNDING SOURCE Contract Services Improvements Miscellaneous TOTAL State Gas Tax 2022-2027 CAPITAL IMPROVEMENT PROGRAM PROJECT DESCRIPTION This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets and resurfacing of bridge decks. The project also includes installation of new or upgrades of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 148 centerline miles of streets. The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a three-year moving average PCI of 82. This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program protects the substantial investment the City has in the public street system. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 75 9 PRIOR YEARS 2022-2023 BUDGET 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE YEARS TOTALSFUNDING SOURCE 2215 $304,500 $304,500 2216 $82,500 $82,500 2220 $1,374,977 $1,764,661 $1,123,961 $1,123,961 $1,123,961 $1,123,961 $7,635,482 2304 $155,640 $4,360 $160,000 4309 $45,980 $45,980 $9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341 ANNUAL OPERATING IMPACT TOTAL Road Maint. & Rehab. Account (RMRA) Mitigation Contributions Measure BB Sales Tax - Bike & Pedestrian Fund Measure B Grants Local Recycling Programs 76 0 Annual Street Resurfacing “July 2023 Slurry Seal” Project No. ST0117 Loca!on Map 761 Annual Street Resurfacing "July 2023 Slurry Seal" ST0117 Bid Date: ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $27,500.00 $27,500.00 $59,000.00 $59,000.00 $75,000.00 $75,000.00 $52,639.74 $52,639.74 2 1 LS $59,000.00 $59,000.00 $74,900.00 $74,900.00 $79,300.00 $79,300.00 $104,750.00 $104,750.00 3 1 LS $3,500.00 $3,500.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $7,700.00 $7,700.00 4 1 LS $25,500.00 $25,500.00 $26,500.00 $26,500.00 $30,000.00 $30,000.00 $28,050.00 $28,050.00 5 1 LS $8,500.00 $8,500.00 $9,010.00 $9,010.00 $10,000.00 $10,000.00 $9,350.00 $9,350.00 6 1 LS $40,000.00 $40,000.00 $68,370.00 $68,370.00 $70,000.00 $70,000.00 $70,950.00 $70,950.00 7 16,342 SF $6.80 $111,125.60 $8.80 $143,809.60 $8.00 $130,736.00 $8.03 $131,226.26 8 4,370 SF $10.30 $45,011.00 $11.55 $50,473.50 $15.00 $65,550.00 $15.40 $67,298.00 9 1 LS $290,000.00 $290,000.00 $282,000.00 $282,000.00 $275,000.00 $275,000.00 $350,000.00 $350,000.00 10 75 EA $25.00 $1,875.00 $26.50 $1,987.50 $26.25 $1,968.75 $27.50 $2,062.50 11 1,073 LF $4.00 $4,292.00 $4.24 $4,549.52 $4.20 $4,506.60 $4.40 $4,721.20 12 3,670 LF $4.50 $16,515.00 $4.77 $17,505.90 $4.70 $17,249.00 $4.95 $18,166.50 13 4,200 LF $2.00 $8,400.00 $2.12 $8,904.00 $2.10 $8,820.00 $2.20 $9,240.00 14 1,451 SF $12.00 $17,412.00 $12.72 $18,456.72 $12.60 $18,282.60 $13.20 $19,153.20 15 3,163 SF $12.00 $37,956.00 $12.72 $40,233.36 $12.60 $39,853.80 $13.20 $41,751.60 16 4 EA $2,500.00 $10,000.00 $980.50 $3,922.00 $1,025.00 $4,100.00 $1,017.50 $4,070.00 TOTAL $706,586.60 $812,122.10 $831,866.75 $921,129.00 American Asphalt Pavement Coatings Co. DESCRIPTION Dryco Construction, Inc. LOW BIDDER BASE BID CITY OF DUBLIN ENGINEERING DIVISION BID SUMMARY July 24, 2023 Project Name: Project No. : PUBLIC WORKS DEPARTMENT Replace and/or Install Two-way Blue Fire Hydrant Marker Mill and Fill Asphalt Pavement (1.5” Thick) Traffic Stripes (Detail 22 - Thermoplastic) Traffic Stripes (Detail 27B - Thermoplastic) Traffic Stripes (Detail 21 - Thermoplastic) Pavement Markings (Various Crosswalk and Limit Line) Remove and Replace Detector Loops- Hansen Dr at Dublin Blvd (Revocable) Polymer Modified Quick-Setting Slurry "Type II" Pavement Markings (Arrows, Symbols, and Words - Thermoplastic) Mobilization (Not to Exceed 10% of total base bid) Base Repair (3” Thick) Water Pollution Control Rubberized Asphalt Crack Sealing Traffic Control and Construction Area Signs (Not to Exceed 10% of total base bid) Remove Yellow Stripe, Pavement Marking and Implement Lead Compliance Plan Remove Existing Traffic Stripes and Pavement Markings VSS International 1 76 2 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.16 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to the Agreement with Civica Law Group for Special Counsel Legal ServicesPrepared by:Jeff Baker, Community Development Director EXECUTIVE SUMMARY:The City Council will consider approving an amendment to the agreement with Civica Law Group for special counsel legal services related to code enforcement activities. STAFF RECOMMENDATION:Adopt the Resolution Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services. FINANCIAL IMPACT:The costs associated with the enforcement of the Dublin Municipal Code are borne by the General Fund, and in some cases, the City may be able to recoup certain enforcement costs. The proposed contract amendment is for an additional $140,000. Staff estimates there will be about $45,000 carried over from Fiscal Year 2022-23 budget for legal services, thus the remaining amount of about $95,000 will need to be appropriated from the General Fund Undesignated Reserve. Upon City Council approval of the amendment and the finalization of prior-year carry overs, Staff will adjust the budget to cover the total contract cost. DESCRIPTION:BackgroundThe City utilizes consultants, including legal counsel, on an as-needed basis to assist Staff with specific areas of technical expertise. The City has an existing contract with Civica Law Group to provide special legal counsel, representation, and assistance with code enforcement matters. The current contract has a not-to-exceed amount of $44,999. The City has a continued need for special counsel legal services which exceeds the current contract limit due to active code enforcement activity. Therefore, Staff proposes to amend the agreement to increase the not-to-exceed amount by $140,000. 763 Page 2 of 2 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services2) Exhibit A to the Resolution -First Amendment to the Agreement Between Civica Law Group, APCand the City of Dublin for Special Counsel Legal Services 764 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH CIVICA LAW GROUP, APC FOR SPECIAL COUNSEL LEGAL SERVICES WHEREAS,the City of Dublin has an existing agreement with Civica Law Group for special counsel legal services, representation and assistance related to code enforcement matters; and WHEREAS,the current contract has a not to exceed amount of $44,999; and WHEREAS,the City has a continued need for special counsel legal services which exceeds the current contract limit due to active code enforcement activity; and WHEREAS, the amendment to the agreement will increase the not-to-exceed amount by $140,000; and WHEREAS,with the amendment, the new not-to-exceed amount for the agreement with Civica Law Group would be $184,999. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the amendment to the agreement with Civica Law Group, attached hereto as Exhibit A, and authorizes the City Manager to execute the agreement. BE IT FURTHER RESOLVED that the City Manager is authorized to make any non- substantive changes to the agreement to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 765 1 FIRST AMENDMENT TO AGREEMENT BETWEEN CIVICA LAW GROUP, APC AND THE CITY OF DUBLIN FOR SPECIAL COUNSEL LEGAL SERVICES 1. PARTIES AND DATE. This First Amendment to the agreement for services (“Amendment”) by and between the CITY OF DUBLIN (“City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“Law Firm”) is effective as of _______________, 2023. Law Firm and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein. 2. RECITALS. 2.1 The City and Law Firm entered into an Agreement on March 1, 2023 (“Agreement”), whereby, Law Firm agreed to provide legal services to the City. 2.2 The City and Law Firm now desire to amend the Agreement. 3. TERMS. 3.1 Contract Changes. The Agreement is amended as provided herein. a. Section 3.3 is hereby amended in its entirety to read as follows: For all legal services provided in this Agreement, the City will compensate Law Firm at the blended rate of $285 per hour for attorney representation and $175 per hour for paralegals and law clerks, which fees shall increase by three percent annually on January 1 to offset rising costs. Compensation shall not exceed $140,000 without approval of the City. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement on March 1, 2023 shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. Said Agreement is and remains an effective, valid and binding obligation. CITY OF DUBLIN, a Municipal Corporation By: ____________________________ Dated: August _____, 2023 Linda Smith City Manager [Signatures continue on following page.] Attachment 2 766 Approved as to form: MEYERS NAVE a Professional Corporation By: ____________________________ Dated: August _____, 2023 John Bakker, Esq. City Attorney CIVICA LAW GROUP, APC By: ____________________________ Dated: August _____, 2023 Matthew Silver, Esq. Managing Partner 767 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.17 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:East Ranch Affordable Housing Agreement (PLPA-2020-00028)Prepared by:Jason Earl, Senior Management Analyst and Amy Million,Principal Planner EXECUTIVE SUMMARY:The City Council will consider approval of an Affordable Housing Agreement with TH East Ranch Dublin, LLC, an affiliate of Trumark Homes, LLC, associated with the development of the East Ranch project. The East Ranch project is the development of a 165.5-acre site with a 573-unit residential project consisting of six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road. STAFF RECOMMENDATION:Adopt the Resolution Approving an Affordable Housing Agreement Between the City of Dublin and TH East Ranch Dublin, LLC, for the East Ranch Project. FINANCIAL IMPACT:The costs associated with processing this request is borne by the Applicant. The Applicant’s inclusionary housing proposal includes the payment of in-lieu fees for 25 units based on the then current Affordable Housing In-Lieu Fee amount at the time of payment. The Applicant will also make an additional $500,000 contribution to the Affordable Housing Fund in consideration for other regulatory benefits granted by the City to the project. Based on the current in-lieu fee of $241,131/unit, this payment would be $6,028,275, and the additional $500,000 brings the total payment to $6,528,275. DESCRIPTION:BackgroundThe 165.5-acre East Ranch project site is an undeveloped parcel located within the Fallon Village area of the Eastern Dublin Specific Plan. The site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern city limit as shown in Figure 1 below. The Applicant has approvals to construct a 768 Page 2 of 4 573-unit residential project consisting of six neighborhoods (including 459 conventional single-family homes, 14 zero-lot-line single-family duet homes, and 100 townhomes)two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site.Please refer to Attachment 3 for a summary of the entitlement history.Figure 1.Vicinity Map The project is subject to the City’s Inclusionary Zoning Regulations (DMC Chapter 8.68). These regulations allow for an alternative method of compliance at the discretion of the City Council (DMC 8.68.040.E).On April 18, 2023, the City Council received a presentation from the Applicant and providedfeedback regarding their proposal to address the Inclusionary Zoning Regulations through an alternative method of compliance,and formation of a Community Facilities District (CFD)(Attachment 3). The City Council expressed general support of the affordable housing proposal and the formation of a services CFD but requested additional information regarding the facilities CFD.On June 20, 2023, the City Council further considered the request for a facilities CFD. During that meeting, the Applicant agreed to contribute an additional $500,000 payment as part of their affordable housing proposal. AnalysisThe following is a summary of the Applicant’s proposal to satisfy the Inclusionary Zoning Regulation: Payment of in-lieu fees for 25 units (to satisfy 35% of the affordable requirement). Based on the current in-lieu fee of $241,131/unit (the in-lieu fee is adjusted annually on July 1 769 Page 3 of 4 based on an inflation factor, and the amount owed is calculated at the time of building permit issuance), this payment would be $6,028,275; Construction of 18 deed-restricted units at the “moderate income” level. These units would consist of 14 zero-lot single-family homes (i.e., duets) and four townhomes (to satisfy 25% of the affordable requirement); Dedication of the two-acre Semi-Public site for a future affordable housing project to satisfy the requirement for 36 units (to satisfy 40% of the affordable requirement); Construction of 50 deed-restricted, attached accessory dwelling units with projected rents at low income; and An additional contribution of $500,000 into the City’s Affordable Housing Fund, bringing the total payment to the City’s Affordable Housing Fund to $6,528,275.An Affordable Housing Agreement has been prepared for the project, which sets forth the terms and the affordable housing requirements for the project. The Resolution approving the Affordable Housing Agreement is included as Attachment 1 with the agreement included as Attachment 2. ENVIRONMENTAL REVIEW:Government Code Section 65457 and California Environmental Quality Act (CEQA) Guidelines Section 15182(c) exempt from further environmental review certain residential projects that are consistent with a specific plan for which an environmental impact report (EIR) has been certified. Prior CEQA analysis for the project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three documents are referred to as the “EDSP EIRs.”Pursuant to the requirements of the CEQA, the City determined that the East Ranch project qualifies for an exemption under Government Code Section 65457 and CEQA Guidelines Section 15182(c). The proposed project and Affordable Housing Agreement are consistent with the EDSP EIRs and the General Plan and EDSP land use designations for the project site. The CEQA Analysis in Support of Specific Plan Exemption prepared for the East Ranch Project dated November 4, 2021 determined that there is no part of the proposed Project that triggers the need to prepare a subsequent EIR or negative declaration pursuant to CEQA Guidelines Section 15162 or Public Resources Code section 21166. Therefore, the Affordable Housing Agreement qualifies for a specific plan exemption and does not require subsequent environmental review or the preparation of an additional CEQA document (EIR or MND). STRATEGIC PLAN INITIATIVE:Strategy 2: Housing OpportunitiesObjective B: Facilitate production of affordable housing for lower income seniors, workforce, and special needs households. 770 Page 4 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving anAffordable Housing Agreement between the City of Dublin and TH East Ranch Dublin, LLC.2) Exhibit A to the Resolution –Affordable Housing Agreement 3) City Council Staff Report dated April 18, 2023 (without attachments) 771 Attachment 1 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF DUBLIN AND TH EAST RANCH DUBLIN, LLC, FOR THE EAST RANCH PROJECT APN 905 -0002-002-00 and 905 -0002-001-01 WHEREAS,TH East Ranch Dublin, LLC (“Applicant’) is seeking approval of an Affordable Housing Agreement for the 573-unit East Ranch Residential Project, on a 165.5-acre site consisting of six neighborhoods, two neighborhood parks totaling 11.5 acres, and a two-acre Public/Semi-Public site reserved for affordable housing located on Croak Road east of Fallon Road; and WHEREAS,the 165.5-acre Project site is located in eastern Dublin, directly east of the Jordan Ranch development and south of Positano development, straddling the existing Croak Road; and WHEREAS,on March 14, 2023, the Planning Commission approved the Site Development Review Permit (PLPA-2022-00018) for six neighborhoods that includes the construction of 459 conventional single-family homes, 14 zero lot line single-family homes, and 100 townhomes, and a landscape master plan; and WHEREAS, Condition of Approval #18 requires the Applicant to enter into an Affordable Housing Agreement pursuant to Dublin Municipal Code Section 8.68 “Inclusionary Zoning Regulations”; and WHEREAS,the City’s Inclusionary Zoning Regulations require all new residential projects of 20 units or more to construct 12.5% of the total number of units as affordable units. Pursuant to Dublin Municipal Code Section 8.68.040.E a developer may request an alternative method of compliance with the requirements of the Inclusionary Zoning Regulations at the discretion of the City Council; and WHEREAS,on April 18, 2023, the City Council received a presentation from the Applicant regarding their proposed alternative method of compliance with the Inclusionary Zoning Regulations and expressed general support for the proposal; and WHEREAS,an Affordable Housing Agreement has been prepared for the project which sets forth the method of compliance with the Inclusionary Zoning Regulations; and WHEREAS,pursuant to the requirements of the California Environmental Quality Act (CEQA), the City determined that the East Ranch project qualifies for an exemption under Government Code Section 65457 and CEQA Guidelines Section 15182(c). The Affordable Housing Agreement is consistent with Eastern Dublin Specific Plan EIRs and the General Plan and EDSP land use designations for the project and qualifies for a specific plan exemption and does not require subsequent environmental review. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin herby approves the Affordable Housing Agreement between the City of Dublin and TH East Ranch Dublin, LLC, for the East Ranch project attached as Exhibit A to this Resolution. 772 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 BE IT FURTHER RESOLVED that the City Manager 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 15th day of August 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 773 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: Community Development Director ________________________________________________________________________ No fee for recording pursuant to Government code Section 27383 AFFORDABLE HOUSING AGREEMENT (East Ranch) THIS AFFORDABLE HOUSING AGREEMENT is hereby entered into as of _________________, 2023, by and between the City of Dublin, a California municipal corporation (the “City”), and TH East Ranch Dublin, LLC, a California limited liability company (the “Developer”). RECITALS A. Developer is the owner of 165.5 acres of undeveloped real property in the City of Dublin located within the Fallon Village area of the Eastern Dublin Specific Plan, known as the “East Ranch” (the “Development Site”). The Development Site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern boundary. The Development Site is legally described in Exhibit A attached hereto. B. Developer has proposed to develop a housing development on the Development Site which will include approximately 459 conventional single family homes (“Single Family Homes”), 14 zero-lot-line single family homes (“Zero Lot Line Homes”), 100 townhomes (“Townhomes”), and 50 accessory dwelling units (“ADUs”) (together, the “East Ranch Project”). C. The City has adopted inclusionary housing requirements pursuant to Chapter 8.68 of the Dublin Municipal Code (the “Inclusionary Housing Requirements”). The purpose of the Inclusionary Housing Requirements is to create affordable housing opportunities in the City for low- and moderate-income households. The City adopted the Inclusionary Housing Requirements recognizing that the cost of new housing is so high that persons with very low-, low- and moderate- incomes are increasingly unable to locate affordable housing in the City. Through the Inclusionary Housing Requirements the City intends to achieve a balanced community with housing available at all income levels. D. The Inclusionary Housing Requirements require that residential projects with twenty or more for sale units contain at least 12.5% low- and moderate-income units. The Inclusionary Housing Requirements require that 40% of the affordable for sale units be sold at an affordable housing cost to low-income households, and 60% of the affordable for sale units be sold at an affordable housing cost to moderate income households. The Inclusionary Housing Attachment 2 774 -2- Requirements permit alternate methods of compliance, allowing the developer to satisfy 40% of the Inclusionary Housing Requirements through payment of an in lieu fee in accordance with the City’s impact fee schedule, and allowing the developer to provide some or all of the remaining units through land donation and other alternative means. E. The Inclusionary Housing Requirements for the East Ranch Project require the Developer to provide seventy-two (72) affordable units. The Developer has proposed, and the City Council has approved, an alternate method of satisfying the Inclusionary Housing Requirements which requires the Developer to (i) pay an in lieu fee based upon the City in lieu fee in effect as of the date of this Agreement (currently $241,131 per unit), as annually adjusted by inflation, in lieu of constructing twenty-five (25) inclusionary units (for a total in lieu fee of $6,224,860.50), (ii) construct and sell fourteen (14) Zero-Lot-Line Homes and four (4) Townhomes to Moderate Income Households at an Affordable Housing Cost, (iii) donate a two acre site within the Development Site to the City or its designee to be used for the construction of an affordable housing project, (iv) construct and sell fifty (50) accessory dwelling units which, if rented, may only be rented to low income households at an affordable rent, and (v) pay an additional fee of $500,000 to the City’s Affordable Housing Fund. F. By this Agreement, the parties desire to set forth the manner by which Developer shall satisfy the obligations applicable to the East Ranch Project under the Inclusionary Housing Requirements. NOW, THEREFORE, Developer and City hereby agree as follows: 1.Definitions and Interpretations. Terms used in this Agreement shall be defined as set forth in Chapter 8.68 of the Dublin Municipal Code. 2.Payment of Fees. (a)In Lieu Fees. Section 8.68.040.A of the Inclusionary Housing Requirements provides that developers may satisfy up to forty percent of the Inclusionary Housing Requirements through payment of an in lieu fee in accordance with the City’s impact fee schedule. Developer shall satisfy its obligation under the Inclusionary Housing Requirements for twenty- five (25) Inclusionary Units by paying fees to the City in lieu of constructing such units, equal to the in lieu fee adopted by the City which is in effect as of the date of July 1, 2023 ($241,131 per Inclusionary Unit), as such fee is annually adjusted for inflation as provided below (“In Lieu Fees”). The foregoing adjustment for inflation shall be calculated as follows: the In Lieu Fees payable hereunder shall be adjusted annually as of July 1 of each year based upon the greater of the percentage change in the U.S. Department of Housing and Urban Development (HUD) Fair Market Rent Limits for the Oakland-Fremont Metropolitan Area (Alameda County), or the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index, All Urban Consumers, for San Francisco-Oakland-Hayward. The foregoing In Lieu Fees shall be applicable notwithstanding City’s adoption of a new fee structure for the Affordable Housing In Lieu fee after July 1, 2023. (b)Supplemental Fee. In addition to the In Lieu Fees, Developer shall pay City a fee of $500,000 to be deposited into City’s Affordable Housing Fund (the “Supplemental Fee”). 775 -3- (c)Payment of Fees. The entirety of the In Lieu Fees and Supplemental Fee shall be paid at the time of the issuance of the first building permits for the East Ranch Project (excluding building permits issued for model homes). If the Developer fails to pay the In Lieu Fees when due, the City may withhold any further City approvals for the East Ranch Project, including without limitation building permits and certificates of occupancy. 3.Moderate Income Homes. Developer shall satisfy its obligation under the Inclusionary Housing Requirements for eighteen (18) Inclusionary Units through the construction and sale of fourteen (14) Zero Lot Line Homes and four (4) Townhomes to Moderate Income Households (the “Moderate Income Inclusionary Units”) in accordance with the following requirements: (a)Exterior Materials and Exterior Architectural Design. Section 8.68.030.E of the Inclusionary Housing Requirements provides that Inclusionary Units shall not be distinguished by exterior design, construction, or materials. The exterior materials and exterior architectural design of the Inclusionary Units shall be consistent with the market-rate units within the East Ranch Project as reviewed and approved through the Site Development Review by the Planning Commission’s approval of Resolution No. 23-02 on March 14, 2023; provided, however, that minor changes to unit size may be approved by the Community Development Director through a Site Development Review waiver. The City Council, in approving this Agreement, hereby finds that the Moderate Income Inclusionary Units, in accordance with the design approved by the Site Development Review, are not distinguished by exterior design, construction, or materials. (b)Unit Location. Section 8.68.030 of the Inclusionary Housing Requirements requires that Inclusionary Units be dispersed throughout the individual phase in which they are constructed. A map that shows the location of the Inclusionary Units as proposed by the Developer is attached hereto as Exhibit B (the “Inclusionary Unit Map”). Developer shall construct the Moderate Income Inclusionary Units in the locations identified in the approved Inclusionary Unit Map, which will satisfy Section 8.68.030 of the Inclusionary Housing Requirements. The Community Development Director may administratively approve changes in the location of the Moderate Income Inclusionary Units provided that he or she finds that the units are reasonably dispersed as required by Section 8.68.030.E. (c)Unit Bedrooms and Size. Section 8.68.030.E requires that the Inclusionary Units reflect the range of numbers of bedrooms provided in the project as a whole. Each of the fourteen (14) Moderate Income Inclusionary Units which are Zero Lot Line Homes shall have at least three (3) bedrooms, and shall be at least 1,700 square feet in size consistent with the approved Site Development Review. Each of the four (4) Moderate Income Inclusionary Units which are Townhomes shall each have at least four (4) bedrooms, and shall be at least 1,900 square feet in size consistent with the approved Site Development Review. The City Council, in approving this agreement, hereby finds that the Moderate Income Inclusionary Units which meet the foregoing requirements satisfy the unit size requirements of Section 8.68.030.E of the Inclusionary Housing Requirements. (d)Sales Price and Marketing. Developer shall sell the Inclusionary Units to Moderate Income Households at sales prices that are Affordable Sales Prices, as defined in the Inclusionary Housing Requirements, and are not greater than the maximum sales prices which are 776 -4- approved by the City. All units shall be marketed and sold in a manner that is consistent with the Inclusionary Housing Requirements and Guidelines to the Inclusionary Zoning Ordinance. (e)Marketing Plan. Developer shall prepare and receive City approval of a Marketing Plan as required by Section 4.4 of the Guidelines to the Inclusionary Zoning Ordinance prior to issuance of the first building permit in the Project (excluding building permits issued for model homes). (f)Resale Agreements. Prior to transferring ownership of a Moderate Income Inclusionary Unit to a buyer, Developer shall require that the initial buyer and the City execute a Resale Restriction and Option to Purchase Agreement (the “Resale Agreement”) in substantially the form attached hereto as Exhibit C. The Resale Agreement shall serve as the agreement required by Section 8.68.050.C of the Inclusionary Housing Requirements. Upon (i) the sale of a Moderate Income Inclusionary Unit as a completed home in accordance with the terms of this Agreement and (ii) the recordation of the Resale Agreement against such Moderate Income Inclusionary Unit, Developer shall have no further obligations or liabilities with respect to such Moderate Income Inclusionary Unit, including but not limited to, monitoring the compliance with this Agreement or the Resale Agreement of the buyer of a Moderate Income Inclusionary Unit or any successor, and responsibility for compliance with the Resale Agreement as to that Moderate Income Inclusionary Unit shall thereafter be the burden of the then owner. Developer shall remain responsible for compliance with this Agreement as to all other Moderate Income Inclusionary Units not yet sold. The City and Developer agree that a breach of the Resale Agreement by a purchaser of a Moderate Income Inclusionary Unit shall not constitute a default or breach by Developer. (g)City Administrative Fee. Prior to the City’s execution of each Resale Agreement with the initial buyer of a Moderate Income Inclusionary Unit, Developer shall pay the City a City Administrative Fee, in an amount to be established from time to time by the City Council. The City Administrative Fee is currently set at $1,708 per transaction and is subject to periodic adjustment. 4.Donation of Affordable Housing Site. Section 8.68.040.C of the Inclusionary Housing Requirements provides that developers may satisfy a portion of their Inclusionary Housing Requirements through dedication of land to the City or a City-designated local non-profit housing developer in lieu of construction of some or all of the required affordable units, if the City Council finds that (1) dedication of land in lieu of constructing units is consistent with the goal of creating, preserving, maintaining, and protecting housing for very-low, low- and moderate-income households, (2) the dedicated land is useable for its intended purpose, is free of toxic substances and contaminated soils, and is fully improved, with infrastructure, adjacent utilities, grading, and all development-impact fees paid, excluding any inclusionary zoning ordinance fees, (3) the proposed land dedication is of sufficient size to construct the number of Inclusionary Units that the applicant would otherwise be required to construct, based on the size of lots in the subdivision for which the applicant is meeting its obligation; and the market value of the land is equal to or exceeds the difference between the value of a market-rate, 1200-square foot unit and the price at which such a unit could be sold as an Affordable Unit (which amount shall be set forth in a resolution adopted from time to time by the City Council) times the number of units required. Developer shall satisfy its obligation under the Inclusionary Housing Requirements for thirty-six (36) Inclusionary Units by conveying to City, or City’s designee (“City Designee”), fee title to that 777 -5- certain approximately 2.0 acre parcel of real property located on Croak Road east of Fallon Road and further described in Exhibit D hereof (the “Donation Parcel”). Developer, City and City Designee shall enter into an agreement for the donation and conveyance of the Donation Parcel, substantially in the form of Exhibit E hereof, concurrently with the date of this Agreement (the “Donation Agreement”). The Donation Agreement shall provide City with an option to acquire the Donation Parcel if the City Designee fails to timely develop the Donation Parcel as an affordable housing development. In the event that neither the City nor the City Designee elects to acquire the Donation Parcel on or prior to the date set forth therefor in the Donation Agreement, then Developer shall satisfy its Inclusionary Housing Requirements for thirty-six (36) Inclusionary Units by other methods as permitted under the Inclusionary Housing Requirements. In such event the City and the Developer shall meet and confer with respect to mutually acceptable alternative methods of compliance with the Inclusionary Housing Requirements, which may include, without limitation, the assignment of the City Designee’s rights under the Donation Agreement to another mutually acceptable affordable housing developer. 5.Low Income Accessory Dwelling Units. In addition to the Developer’s obligations pursuant to Sections 2 to 4 hereof, Developer shall provide for the construction of fifty (50) attached accessory dwelling units which shall, if rented, be available and restricted to Lower Income Households (the “Low Income ADU Inclusionary Units”) in accordance with the following requirements: (a)Unit Location. Developer shall construct the Low Income ADU Inclusionary Units in the locations identified in the approved Inclusionary Unit Map (Exhibit B), which will satisfy Section 8.68.030 of the Inclusionary Housing Requirements. The Community Development Director may administratively approve changes in the location of the Low Income ADU Inclusionary Units provided that he or she finds that the units are reasonably dispersed as required by Section 8.68.030.E. (b)Unit Bedrooms and Size. Each of the fifty (50) Low Income ADU Inclusionary Units shall be at least 500 square feet in size consistent with the approved Site Development Review, and shall have kitchen and bathroom facilities separate from the main housing unit. The City Council, in approving this agreement, hereby finds that the Low Income ADU Inclusionary Units which meet the foregoing requirements satisfy the unit size requirements of Section 8.68.030.E of the Inclusionary Housing Requirements. (c)Regulatory Agreements. Prior to transferring ownership to a buyer of a single family home which includes a Low Income ADU Inclusionary Unit, Developer shall require that the initial buyer and the City execute a Secondary Unit Regulatory Agreement and Declaration of Restrictive Covenants (the “Regulatory Agreement”) in substantially the form attached hereto as Exhibit F. The Regulatory Agreement shall serve as the agreement required by Section 8.68.050.C of the Inclusionary Housing Requirements. Upon the initial sale of a single family home with a Low Income ADU Inclusionary Unit and the recordation of the Regulatory Agreement against such home, Developer shall have no further obligations or liabilities with respect to such Low Income ADU Inclusionary Unit, including but not limited to, monitoring the compliance with this Agreement or the Regulatory Agreement by the owner of the home or any successor, and responsibility for compliance with the Regulatory Agreement as to that Low Income ADU Inclusionary Unit shall thereafter be the burden of the then owner. Developer shall 778 -6- remain responsible for compliance with this Agreement as to all other Low Income ADU Inclusionary Units not yet sold. The City and Developer agree that a breach of the Regulatory Agreement by a purchaser of a home with a Low Income ADU Inclusionary Unit shall not constitute a default or breach by Developer. The Low Income ADU Inclusionary Units shall not require owner-occupancy consistent with Section 8.80.030(M). (d)City Administrative Fee. Prior to the City’s execution of each Regulatory Agreement with the initial buyer of a single family home which includes a Low Income ADU Inclusionary Unit, Developer shall pay the City a City Administrative Fee, in an amount to be established from time to time by the City Council. The City Administrative Fee is currently set at $1,708 per transaction and is subject to periodic adjustment. 6.Attorneys’ Fees. If legal action is necessary to enforce any provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and legal costs. 7.Amendments. This Agreement shall be amended only by a written instrument executed by the parties hereto or their successors in interest. If Developer proposes a change to this Agreement, Developer shall pay the City its reasonable costs, including attorneys’ fees, incurred in negotiating such changes, and Developer shall, if requested by the City, provide the City with a reasonable deposit to cover the City’s reasonable costs, upon Developer initiating such negotiations. 8.Assignments and Transfers. (a)Right to Assign. Developer may wish to sell, transfer or assign all or portions of the Development Site to other developers (each such other developer is referred to as a “Transferee”). In connection with any such sale, transfer or assignment to a Transferee, Developer may sell, transfer or assign to such Transferee any or all rights, interests and obligations of Developer arising hereunder and that pertain to the portion of the Development Site being sold or transferred, to such Transferee, provided, however, that no such transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. (b)Approval and Notice of Sale, Transfer or Assignment. The City Manager shall consider and decide on any transfer, sale or assignment within thirty (30) days after Developer’s notice thereof, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the proposed Transferee can perform the Developer’s obligations hereunder. Nothing herein shall be deemed to limit the right of Developer to freely alienate or transfer all or any portion of the Development Site, provided however, Developer shall not be released from liability under this Agreement unless and until the approved Transferee shall have agreed in writing to be bound by and to comply with the requirements of this Agreement and any documents executed hereunder and the City Manager has approved of such Transferee in accordance with this Section 8(b). Notice of any such approved sale, transfer or assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Alameda County, in a form acceptable to the City Manager, concurrently 779 -7- with such sale, transfer or assignment. In the event the City Manager fails to make such determination within such thirty (30) day period, City shall be deemed to have approved the assignment and assumption of this Agreement by the proposed Transferee and Developer shall be released pursuant to Section 8(c) below. (c)Effect of Sale, Transfer or Assignment. Developer shall be released from any obligations and liability hereunder sold, transferred or assigned to a Transferee pursuant to Section 8(a) of this Agreement, provided that: (a) such sale, transfer or assignment has been approved by the City Manager pursuant to Sections 8(a) and 8(b); and (b) such obligations are expressly assumed by Transferee and provided that such Transferee shall be subject to all the provisions hereof. 9.Successors. Except as specifically provided in this Agreement, this Agreement shall bind and inure to the benefit of all successors and assigns of the parties. Developer shall provide notice to the City of the names and mailing addresses of any such successors or assigns. 10.Hold Harmless. Developer shall hold City, its elective and appointive boards, commissions, officers, employees and agents harmless from and against any or all loss, liability, expense, claim, costs, suits, damages of every kind, nature and description, to the extent caused by Developer’s performance of or failure to perform its obligations pursuant to this Agreement. Developer shall defend City and its elective and appointive boards, commissions, officers, employees and agents from and against any suits or actions at law or in equity for damages caused or alleged to have been caused, by Developer’s performance of or failure to perform its obligations pursuant to this Agreement. 11.Enforcement. If the Developer defaults in the performance or observance of any covenant, condition, restriction or obligation of the Developer as set forth in this Agreement, and such default remains uncured for a period of thirty (30) days after notice thereof is given by the City (or such longer period as may be necessary to cure the default, provided that Developer commence the cure within the thirty (30) day period and diligently prosecutes the cure to completion), the City may take any one or more of the following steps: (a)By specific performance or other action or proceeding at law or in equity, require the Developer to perform its obligations under this Agreement or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder. (b)Take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants, conditions and restrictions of the Developer under this Agreement. If Developer transfers any portion of the project in bulk and a Transferee defaults under this Agreement, the City shall exercise the foregoing remedies only with respect to the defaulting Transferee and its portion of the project; and so long as Developer has not otherwise defaulted hereunder, the City shall not seek to exercise any rights and remedies against Developer. 12.Corporate Authority. If Developer is a corporation, each individual signing this Agreement on behalf of that corporation represents and warrants that each of them is duly 780 -8- authorized to execute and deliver this Agreement on behalf of the corporation and that the Agreement is binding on the corporation in accordance with its terms. 13.Notices, Demands and Communications Between the Parties. Any and all notices, demands or communications submitted by any Party to another Party pursuant to or as required by this Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, or by a reputable overnight courier such as FedEx, to the address of City and Developer, as applicable, as set forth below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either Party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender or the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, two (2) calendar days after it is placed in the United States mail as heretofore provided, or one (1) calendar day after it is submitted to a reputable overnight courier. If to Developer: TH East Ranch Dublin, LLC 3001 Bishop Drive, Suite 100 San Ramon, CA 94583 Attention: Tony Bosowski, Division President And a copy to: TH East Ranch Dublin, LLC 3001 Bishop Drive, Suite 100 San Ramon, CA 94583 Attention: Legal Department And a copy to: Jackson Tidus 2030 Main Street, 12th Floor Irvine, CA 92614 Attention: Sonia Lister, Esq. If to City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Manager 14.Entire Agreement. This Agreement contains the entire understanding between the parties relating to the transaction contemplated hereby, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. No provision of this Agreement may be amended, waived, or added except by an instrument in writing signed by the Parties hereto. 15.Incorporation of Exhibits. All exhibits referred in this Agreement are incorporated herein by reference. 781 -9- 16.Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all parties had executed the same page. 782 -10- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN By: Linda Smith, City Manager Attest Marsha Moore, City Clerk Approved as to Form John Bakker, City Attorney TH EAST RANCH DUBLIN, LLC, a California limited liability company By: Its: 783 -11- STATE OF CALIFORNIA ) ) COUNTY OF __________________ ) On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Name: _______________________________ Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 784 EXHIBIT A Development Site Legal Description -1- 785 w Oc-,0(0 0 a:i 0(0 C>C\.I :z N90 °00'00"E 557.07' 10 P /SP SITE w Or.. Oo C, 0) Oo C> (0 :z / � ..--------------------------------��' NB9 °oa • 50"W �re 'iS<r:, t§l490, 10 I t:?�V''?)�• ---------------------------4----------,------------------------------ 0 30 60 120 SCALE: 1 "=60' 08-03-2023 5:54pm Eddie Perez P:\ 19343-T\DES\OVERALL EXHIBITS\D-EXH-P SP SITE PLAN.DWG 786 -1- EXHIBIT B Inclusionary Unit Map Attached 787 10001000 SP NEIGHBORHOOD PARK NEIGHBORHOOD PARK OPEN SPACE (BASIN) OP E N S P A C E ( W E T L A N D ) OPEN SPACE (WETLAND) OPEN SPACE (BASIN) BASIN SE R I E S O F B A S I N S S E R I E S O F B A S I N S EAST RANCH DUBLIN, CA 05/16/2023 AFFORDABLE UNIT LOCATIONS -DEED RESTRICTED ADU NEIGHBORHOOD SUMMARY NEIGHBORHOOD TYPICAL LOT SIZE UNITS GROSS ACREAGE (±)DENSITY 1 65'x100'99 30.1 3.3 DU/AC 2 55'x95'96 23.4 4.1 DU/AC 3 50'x110'85 19.5 4.5 DU/AC 4 49.5'x80'85 16.8 5.1 DU/AC 5 48'x70' Cluster 94 17.6 5.4 DU/AC 6 Attached Multi-Family 100 (Includes 4 Affordable Units)10.4 9.6 DU/AC 1, 2, 3, & 5 Zero-Lot Single Family Units (Affordable)14 (2) Croak Rd and Central Pkwy Extension 8.0 TOTAL 573 125.8 4.5 du/ac NOTE: 1)UNIT MIX SHOWN IS PRELIMINARY. FINAL NEIGHBORHOOD UNIT COUNT WILL BE DETERMINED DURING SDR PROCESS, BUT THE TOTAL NUMBER OF UNITS WILL NOT EXCEED 573. 2)ZERO-LOT LINE AFFORDABLE UNITS ARE TO BE DISPERSED THROUGHOUT SITE PLAN AND INCLUDED IN THE TOTAL LOT COUNT 78 8 EXHIBIT C Resale Restrictions and Option to Purchase Agreement Attached -1- 789 -2- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Clerk OPTION AGREEMENT This Option Agreement ("Agreement") is entered into as of ____________, by and between the City of Dublin, a municipal corporation ("City"), and [Eden Housing, Inc., a California nonprofit public benefit corporation] ("Owner"). RECITALS A. Owner is concurrently with this Agreement acquiring fee title to that certain real property located on Croak Road east of Fallon Road in the City of Dublin, California, as more particularly described in Exhibit A attached to this Agreement ("Property"). B.The Property is located within the East Ranch project which is being developed by TH East Ranch Dublin, LLC, a California limited liability company ("Market Rate Developer”). Market Rate Developer and City have entered into an “Affordable Housing Agreement,” dated as of ________________, 2023, which requires that Market Rate Developer convey the Property to City or its designee to satisfy a portion of its inclusionary housing requirements applicable to the East Ranch project pursuant to Chapter 8.68 of the Dublin Municipal Code (the “Inclusionary Housing Requirements”). C. Pursuant to the Affordable Housing Agreement, Owner, City and Market Rate Developer have entered into a certain “Donation Agreement” dated _______________, 2023, which provides for the Market Rate Developer to donate the Property to Owner. D.Owner intends to construct an affordable housing project on the Property consisting of approximately ____ affordable rental housing units for very low and low income families, and related improvements (the “Development”). E.This Agreement gives the City an exclusive right and option to purchase the Property from Owner, which may be exercised by the City if the Owner fails to commence construction of the Development and record a Regulatory Agreement against the Property on or before _________________. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 790 -3- Section 1. Grant of Option. Owner grants to the City the exclusive right and option to purchase the Property for the consideration and under the terms and conditions set forth in this Agreement (the "Option"). Section 2. Term and Exercise of Option. a.Option Term. The term of the Option ("Option Term") shall be for a period commencing on the date this Agreement is recorded and ending on the earlier of the following events: (i) the closing of Owner’s construction loans necessary for Owner to commence construction of the Development (“Construction Loans”); and (ii) the date this Option is terminated in writing by the City. Owner shall provide City with thirty (30) days’ prior written notice of the closing of the Construction Loans. b.Exercise of Option. The City may exercise the Option only in the event that (i) the Owner fails or refuses to record a Regulatory Agreement (as defined in the Donation Agreement) against the Property in the form acceptable to the City on or before _______________________________, (ii) the Owner attempts to affect a “Transfer” (as defined below) at any time prior to the recordation of the Regulatory Agreement; or (iii) the Owner fails to close on the Construction Loans for the Development necessary for Owner to commence construction of Development on or before _______________________________. The foregoing periods in this subsection may be extended in writing by the City in its sole discretion. “Transfer” is defined as (i) directly or indirectly, voluntarily, involuntarily or by operation of law making or attempting any total or partial sale, transfer, conveyance, assignment or lease of the whole or any part of the Property or the improvements located on the Property; or (ii) a transfer of the beneficial interest of more than twenty-five percent (25%) in aggregate of the ownership and /or control of Owner at time of entering into this Agreement, taking all transfers into account on a cumulative basis; provided however, neither the admission of an investor limited partner, nor the transfer by the investor limited partner to subsequent limited partners shall be restricted by this provision. Owner shall give the City thirty (30) days’ written notice prior to any Transfer. The City may exercise the Option by giving written notice to Owner of its exercise of the Option ("Option Notice"). c.Termination. Upon termination of the Option at the end of the Option Term, the City Manager shall sign and deliver in recordable form a quitclaim deed or such other document as may be reasonably required by the Owner to evidence the termination of the Option. The parties acknowledge that the quitclaim deed or other such document must be recorded concurrently with the close of escrow for the Construction Loans. Section 3. Purchase of the Property. a. Purchase Price. On the date specified in the Option Notice (which shall not be earlier than thirty (30) days after the date of the Option Notice), the Owner shall sell the Property to the City for the following consideration: the actual and reasonable amount paid by Owner to third parties for Development-related drawings, plans, specifications, studies, reports and other instruments (collectively, “Plans”). The Owner’s rights with respect to all Plans relating to the 791 -4- development of the Property shall be assigned to the City pursuant to the Assignment of Agreements executed by Owner in favor of the City at the time of the closing of the sale of the Property by Owner to the City. b. Execution of Deed. As soon as practicable, but in no event later than the date specified in the Option Notice for the purchase and sale of the Property, the Owner shall execute a grant deed (the "Deed") conveying to the City the Property and all improvements located on the Property which shall be recorded in the Official Records of the County of Alameda (the "Official Records"). c.Expenses. All city and county documentary transfer tax and conveyance taxes to the extent they are not exempt pursuant to the Revenue and Taxation Code, and recording charges for the Deed (if any) shall be borne by Owner. The cost of the Title Policy (as defined below) shall be borne by the City. All other expenses, fees or costs (except for attorneys' fees and costs) incurred in close of escrow for the purchase and sale of the Property pursuant to this Agreement shall be borne by the City. Each party shall bear its own attorneys' fees and costs. d.Proration of Taxes. Real property taxes, if any, on the Property shall be prorated as of the date of recordation of the Deed. Mello-Roos and other like assessments on the Property shall be similarly prorated and Owner's share shall be fully paid prior to recordation of the Deed. e.Title Insurance. Should the City exercise the Option, no later than the time of the recording of the Deed pursuant to subsection (b) above, the City shall cause a title company of the City's choice to issue a CLTA or ALTA policy of title insurance (the "Title Policy") insuring fee title to the Property to be vested in the City, subject only to those encumbrances, conditions, or exceptions acceptable to the City in its reasonable discretion (“Permitted Exceptions”). Permitted Exceptions shall include all encumbrances, conditions and exceptions approved by the City under Section 20 below, any regulatory agreements and other deeds of trust or other security instruments securing debt on the Property approved by the City, or any other instruments recording with the prior written approval by the City. Owner shall be responsible for removing from the Property title any encumbrances, conditions, or exceptions other than Permitted Exceptions prior to the closing of the conveyance of the Property to the City. Section 4. Assignment of Option. Neither the Owner nor City may assign its rights or obligations under this Agreement without the prior written consent of the other party. The City hereby consents to an assignment by Owner that complies with Permitted Transfers as defined in the Regulatory Agreement. Any assignment of this Agreement not authorized under this section shall be null and void. Section 5. Further Documents. Upon the reasonable request of the other party, each party will execute, acknowledge and deliver or cause to be executed, acknowledged and delivered, such further instruments and documents as may be reasonably necessary in order to carry out the intent and purpose of this Agreement, including escrow instructions. 792 -5- Section 6. Notices. All notices or other communications made pursuant to this Agreement shall be in writing and shall be deemed properly delivered, given or served to the parties at the following addresses when (a) mailed by certified mail, postage prepaid, return receipt requested; (b) sent by express delivery service, charges prepaid with a delivery receipt; or (c) personally delivered when a delivery receipt is obtained: City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Manager Owner: Eden Housing, Inc. 22645 Grand Street Hayward, California 94541-5031 Attention: President All notices so delivered, mailed or sent shall be deemed received as of the date shown on the delivery receipt as the date of delivery or the date delivery was refused. Either party may change its address for the purposes of this paragraph by giving prior written notice of the change to the other party in the manner provided in this paragraph. Section 7. Binding Effect. This Agreement and its terms and conditions shall be binding upon and inure to the benefit of the parties to this Agreement and their respective permitted successors and assigns. Section 8. Time. Time is of the essence of this Agreement. Section 9. Attorneys' Fees. In any action between the City and Owner to enforce or interpret any of the terms of this Agreement, the prevailing party shall be entitled to recover costs of suit and expenses, including, without limitation, reasonable attorneys' fees. Section 10. Eminent Domain. Notwithstanding any other provision of this Agreement, if at any time prior to execution and recordation of the Deed, any portion of the Property shall be taken by eminent domain or is the subject of eminent domain proceedings (either threatened in writing or commenced), and regardless of whether the City has exercised the Option, then the City shall have the right to terminate this Agreement upon written notice to Owner, whereupon the parties shall have no further obligations under this Agreement. Section 11. Exhibits. All exhibits attached to this Agreement and referred to in this Agreement are incorporated into this Agreement by this reference as though they were fully set forth in this Agreement. Section 12. Captions. The captions of the paragraphs of this Agreement are for convenience and reference only, and the words contained in the captions shall in no way be held to explain, 793 -6- modify, amplify or aid in the interpretations, constructions or meaning of the provisions of this Agreement. Section 13. Entire Agreement; Counterparts. This Agreement contains the entire agreement between the parties respecting the matters set forth, and supersedes all prior agreements between the parties respecting such matters. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same Agreement. Section 14. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer to any person, other than the parties and their permitted successors and assigns, any rights or remedies under or by reason of this Agreement. Section 15. Waiver. No provision of this Agreement shall be deemed waived by a party unless such waiver is in writing and signed by the party making the waiver. Failure of either party at any time to require performance of any provision of this Agreement shall not limit that party’s right to enforce the provision unless the waiver is made in writing. Waiver of any breach of a provision shall not be a waiver of any succeeding breach of the provision or a waiver of the provisions itself or of any other provision. Section 16. Authority of Signatories. Each of the parties to this Agreement represents and warrants to the other party that the persons who have executed this Agreement have been authorized to do so by the party on whose behalf the party is signing. All documents to be delivered under this Agreement will be executed by an authorized person. Each party has a good an legal right to enter into this Agreement and to perform all covenants of that party contained in this Agreement. Section 17. Governing Law. This Agreement shall be governed and constructed in accordance with California law. Section 18. Amendments. This Agreement may only be amended in writing signed by all parties. Section 19. Brokers. Each party will defend, indemnify, and hold the other party harmless from any claim, loss, or liability made or imposed by any other party claiming a commission or fee in connection with this transaction and arising out of that party’s own conduct. Section 20. Title Report and Owner’s Representations and Warranties. Prior to entering into this Agreement, Owner shall provide City with a copy of a current title report for the Property (“Title Report”). The City’s entering into this Agreement is subject to its approval of the Title Report and any exceptions shown in the Title Report. Owner represents and warrants that (a) except for the matters shown in the Title Report, no leases, occupancies, tenancies, or licenses exist that affect the Property; (b) to the best of Owner’s knowledge, there are not presently any actions, suits, or proceedings pending or, threatened against or affecting the Property or the interest of Owner in the Property or its use or 794 -7- that would affect Owner’s ability to consummate the transaction contemplated in this Agreement; (c) there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Property, and Owner shall promptly notify City of any of these matters arising during the term of this Agreement; and (d) to the best of Owner’s knowledge, there are not presently any pending or threatened condemnation, eminent domain, or similar proceedings affecting the Property. Section 21. Owner’s Conduct During Term of Agreement. During the term of this Agreement, Owner shall comply with the following terms relating to the Property: (a) Owner shall pay for all labor and work performed and all material furnished at Owner’s request or on Owner’s behalf, and there shall be no claim for which a mechanic’s, materialman’s, or similar lien can be claimed by any person or firm against the Property as a result of any act of Owner; (b) Owner shall not affirmatively take any actions constituting waste of the Property, and shall not excavate, mine, or otherwise materially alter the Property; (c) Owner shall not enter into any lease, occupancy, tenancy, or license agreement affecting the Property, without City’s prior written consent; and (d) Owner shall not incur any obligations or liabilities or enter into any transactions that will affect the Property without the prior written consent of City which consent shall not be unreasonably withheld. Section 22. Owner Indemnity of City. Owner shall indemnify, defend and hold harmless the City, any City agencies, and their respective elected and appointed councils, boards, commissions, officers, agents, employees, volunteers and representatives from any and all loss, liability, fines, penalties, forfeitures, costs and damages and from any and all claims, demands and actions in law or equity (including attorneys' fees and litigation expenses) by any person or entity, directly or indirectly arising or alleged to have arisen out of or in any way relating to the Property during the term of this Agreement. This indemnity provision shall survive termination of this Agreement. Section 23. Hazardous Substances. Prior to entering into this Agreement, Owner shall provide City with a copy of a Phase 1 Environmental Assessment Report for the Property. The City’s entering into this Agreement is subject to its approval of the environmental condition of the Property. Owner warrants to City that, except as provided in the Hazards Report, to the best of Owner’s actual knowledge, no Hazardous Substances have been disposed of or released into, on, or under the Property; provided however said warranty is subject to the following limitations: Owner has not made or purported to have made any independent investigations or testing for Hazardous Substances on the Property, has not been present on the Property at all times, and shall only be accountable under this Agreement for any misrepresentation as to actual, not constructive, knowledge of the Hazardous Substances on the Property. Section 24. City Remedies for Breach. The City shall have the right to exercise all remedies available under law and equity for any breach of this Agreement by Owner. 795 -8- IN WITNESS WHEREOF, the City and Owner have executed this Agreement as of the date first written above. OWNER: By: ______________________ CITY: CITY OF DUBLIN, a municipal corporation By: ____________________________ Linda Smith, City Manager 796 EXHIBIT A Property Description 797 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of _____________ ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC 5428388.3 798 EXHIBIT D Legal Description of Donation Parcel [To Be Inserted] -1- 799 EXHIBIT E Donation Agreement Attached -1- 800 1 REAL PROPERTY DONATION AGREEMENT This Real Property Donation Agreement (this “Agreement”) is entered into as of ______________, 2023 (the “Effective Date”), by and among TH East Ranch Dublin, LLC, a California limited liability company (the “Developer”), the City of Dublin, a California municipal corporation (the “City”), and [Eden Housing, a California nonprofit public benefit corporation] (the “the Nonprofit”). Developer, City and the Nonprofit are individually referred to herein as a “Party,” and collectively referred to herein as the “Parties.” RECITALS A. Developer is the owner of 165.5 acres of undeveloped real property in the City of Dublin located within the Fallon Village area of the Eastern Dublin Specific Plan, known as the “East Ranch.” Developer has proposed to develop a master planned community on the East Ranch that will include approximately 573 housing units and associated amenities and infrastructure (the “East Ranch Project”). B. In connection with Developer’s proposed development of the East Ranch Project, Developer has entered into an “Affordable Housing Agreement” with City, dated ______________, 2023, which sets forth the manner by which Developer shall satisfy the City’s inclusionary housing requirements applicable to the East Ranch Project. Section 4 of the Affordable Housing Agreement requires Developer to donate a two acre parcel of land to City or City’s designee, to be used as the site of an affordable housing project. C. Developer desires to satisfy its obligations under Section 4 of the Affordable Housing Agreement by agreeing to donate a certain approximately 2.0 acre parcel of real property located on Croak Road east of Fallon Road, and further described in Exhibit A hereof (the “Property”). D. City desires to designate the Nonprofit as the entity to acquire the Property from Developer in accordance with Section 4 of the Affordable Housing Agreement. In the event that the Nonprofit elects not to acquire the Property, or do not satisfy the requirements hereunder for the acquisition of the Property, the City intends to retain the right to acquire the Property from Developer itself. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Developer, City and the Nonprofit hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement. 801 2 2. DONATION. 2.1 Donation of Property. Subject to the terms and conditions set forth herein, Developer hereby agrees to donate the Property to the Nonprofit, and the Nonprofit hereby agrees to acquire the Property from Developer. The Property shall include the following: (a) All of Developer’s right, title and interest, if any, in and to all rights, privileges, tenements, hereditaments, rights-of-way, easements, licenses, appurtenances, water, oil, gas and mineral rights, subsurface rights, development rights, permits, approvals, air rights, and water and riparian rights belonging or appertaining to the Property or any improvements thereon. (b) All improvements on the Property, if any. (c) All of Developer’s interests, if any, in and to all personal property, tangible or intangible (including, without limitation, trade names, trademarks or intellectual property, warranties, guarantees, plans, specifications, architects’, engineers’, and all other consultants’ contracts, reports and all governmental approvals obtained or applied for as of the date of this Agreement relating to the Property or any improvements thereon, located on or relating to the Property and/or any improvements thereon. 2.2 Fee Interest. Upon the Closing Date (as hereinafter defined), Developer shall convey, assign and transfer its fee interest in the Property to the Nonprofit, free and clear of all liens, encumbrances, easements, leases (recorded or unrecorded), bonds, assessments, and taxes, except for (i) liens for non-delinquent property taxes and assessments, and (ii) the exceptions approved in the Nonprofit’s Title Notice (as set forth in Section 3.1). 2.3 Consideration. Developer agrees to donate the Property to the Nonprofit for no monetary consideration. 3. DUE DILIGENCE AND PRE-CLOSING REQUIREMENTS. 3.1 Condition of Title/Preliminary Title Report. _________________________ Title Insurance Company (the “Title Agent”) shall deliver to the Nonprofit a Preliminary Title Report for the Property (the “Preliminary Report”). The Nonprofit shall have thirty (30) days from the date of receipt of the Preliminary Report to approve the Preliminary Report in writing (the “Nonprofit’s Title Notice”), provided that all existing deeds of trust, mechanic’s liens and other financial liens and encumbrances shall be paid off and removed from title concurrently with or prior to the Closing. If there are any changes to the Preliminary Report prior to Closing, the Nonprofit shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. If Developer does not remedy any defect discovered by the Preliminary Title Report, the Nonprofit shall have the right to terminate this Agreement or continue with the escrow and consummate the transaction without Developer remedying the defect. 3.2 Due Diligence Contingency Period. The Nonprofit will have ___________ (__) days from the Effective Date (the “Due Diligence Contingency Period”) to 802 3 complete physical inspections of the Property and due diligence related to the acquisition of the Property. Within three (3) days after the Effective Date, Developer shall provide to the Nonprofit copies of all plans, studies, records, reports, governmental notices and approvals, all written disclosures required by applicable law, and other written materials related to the use, occupancy or condition of the Property that Developer has in its possession, including without limitation environmental, geotechnical, engineering and land surveys. 3.3 Inspection of Property. During the Due Diligence Contingency Period, the Nonprofit, and its agents, contractors and employees, shall have the right to enter upon the Property for the purpose of making inspections, surveying the Property, or to perform environmental testing, at the Nonprofit’s sole risk, cost and expense. All of such entries upon the Property shall be at reasonable times during normal business hours and after at least twenty-four (24) hours’ prior notice to Developer, and Developer or Developer’s agents shall have the right to accompany the Nonprofit and its agents during any activities performed by the Nonprofit on the Property. The Nonprofit shall bear the costs of all such inspections or tests. At Developer’s request, the Nonprofit shall provide Developer with a copy of the results of any environmental tests and inspections made by the Nonprofit, at no cost to Developer. If any inspection or test disturbs the Property, the Nonprofit will restore the Property to substantially the same condition as existed before the inspection or test. The Nonprofit shall defend, indemnify and hold Developer harmless from and against any and all losses, costs, damages, claims or liabilities, including but not limited to, mechanic’s and materialmen’s liens, arising out of or in connection with the Nonprofit’s inspection of the Property as allowed pursuant to this Section 3.3. The provisions of this Section 3.3 shall survive the Closing or any earlier termination of this Agreement. 3.4 Survey. The Nonprofit may obtain a survey of the Property before the Closing to assure that there are no defects, encroachments, overlaps, boundary line or acreage disputes, or other such matters, that would be disclosed by a survey (“Survey Issues”). The cost of the survey shall be paid solely by the Nonprofit. The Nonprofit shall notify Developer of any Survey Issues which shall be deemed to be a defect in the title to the Property prior to the end of the Due Diligence Contingency Period. Developer may agree to, but shall not be required to agree to, remedy such defects, with all such defects cured prior to Closing. If Developer does not agree to or cannot remedy any such defect, the Nonprofit shall have the right to terminate this Agreement or continue the consummation of the transaction with Developer not remedying the defect. 3.5 Satisfaction of Due Diligence Contingency. Except as otherwise provided herein, if the Nonprofit is not, in good faith, satisfied with the condition of the Property after any inspection thereof, the Nonprofit shall deliver to Developer a written request that Developer fix or remedy any unsatisfactory conditions prior to the end of Due Diligence Contingency Period. Developer may, but shall not be required to, remedy such conditions prior to Closing. If Developer does not or cannot remedy any such condition, the Nonprofit shall have the right to terminate this Agreement or continue the consummation of the transaction with Developer not remedying the conditions. If the Nonprofit does not timely give a due diligence notice to Developer, this Agreement shall continue in full force and effect and the Nonprofit shall be deemed to have waived its right to terminate this Agreement pursuant to this Section 3.5. 803 4 4. CLOSING AND REQUIRED PAYMENTS. 4.1 Escrow Account. The Parties shall open an escrow account (the “Escrow”) with ______________________ Escrow (the “Escrow Holder”). Escrow Holder shall perform all Escrow and title services in connection with this Agreement. 4.2 Deposit of Agreement. Within five (5) days after the Effective Date, the Parties will deposit into Escrow a fully executed copy of this Agreement, or executed counterparts thereto. The date such fully executed Agreement is received by Escrow Holder will be deemed the “Opening of Escrow” and Escrow Holder will give written notice to the Parties of such occurrence. 4.3 Closing. The closing (“Closing”) will occur no later than _________________________ (“Outside Closing Date”). Any extension of the Closing must be agreed upon in writing by the Nonprofit and Developer. 4.4 Nonprofit’s Conditions to Closing. The Nonprofit’s acquisition of the Property is subject to the satisfaction of all of the following conditions or the Nonprofit’s written waiver (in the Nonprofit’s sole discretion) of such conditions on or before the Outside Closing Date: (a) Expiration of the Due Diligence Contingency Period with no exercise by the Nonprofit of its rights under this Agreement to terminate this Agreement. (b) The Nonprofit has determined that the Property is useable for its intended purpose, is free of toxic substances and contaminated soils, and is fully improved, with infrastructure, adjacent utilities, grading, and all development-impact fees paid, excluding any inclusionary zoning ordinance fees. (c) The Nonprofit has determined that the Property is of sufficient size to construct the number of Inclusionary Units that the Developer would otherwise be required to construct, based on the size of lots in the East Ranch project. (d) The Nonprofit has determined that the market value of the Property is equal to or exceeds the difference between the value of a market-rate, 1200-square foot unit and the price at which such a unit could be sold as an Affordable Unit (which amount shall be set forth in a resolution adopted from time to time by the City Council) times the number of Inclusionary Units required (36). (e) Developer shall have delivered to Escrow a fully executed “Grant Deed” (as defined in Section 4.7(a) below) and “Option Agreement”) (as defined in Section __ below), and all other documents to be submitted by Developer pursuant to this Agreement, all duly executed by Developer. (f) Developer shall have paid into the Escrow all amounts due from the Developer under Section 4.7 hereof. (g) The Title Company is irrevocably committed to issue a CLTA or ALTA Extended Owner’s Title Policy to the Nonprofit, as requested by the Nonprofit, together with 804 5 any endorsements requested by the Nonprofit, effective as of the Closing Date, insuring title to the Nonprofit with a policy amount equal to the fair market value of the Property, subject only to the Permitted Exceptions. (h) Possession of the Property will be delivered to the Nonprofit immediately upon the Closing, free and clear of all uses, leases and occupancies, and free of tenants and occupants, except as otherwise set forth herein. (i) There shall be no litigation or administrative proceeding pending with respect to the Property as of the Closing, and there shall be no moratoria which would adversely impact the use or value of the Property. (j) Developer’s representations and warranties herein are true and correct in all material respects as of the Closing Date. 4.5 Developer’s Conditions to Closing. The Closing and Developer’s obligation to grant the Property to the Nonprofit are subject to the satisfaction of the following conditions or Developer’s written waiver (in Developer’s sole discretion) of such conditions on or before the Outside Closing Date: (a) The Nonprofit has executed and submitted into Escrow all documents pursuant to this Agreement, all duly executed by the Nonprofit. (b) The Nonprofit’s representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (c) The Nonprofit has performed all obligations to be performed by the Nonprofit pursuant to this Agreement on or before the Closing Date. 4.6 Conveyance of Title. Developer shall deliver fee simple title to the Property to the Nonprofit at the Closing, subject only to items approved in the Nonprofit’s Title Notice. The Property shall be conveyed by Developer to the Nonprofit in an “as is” condition, with no warranty, express or implied, by Developer as to the physical condition of the Property including, but not limited to, the soil, its geology, or the presence of known or unknown faults or hazardous materials, Hazardous Substances on, in, under and adjacent to the Property, the air, soil, and groundwater. 4.7 Deliveries at Closing. (a) Deliveries by Developer. Developer shall deliver to Escrow for recordation a grant deed, substantially in the form of Exhibit “B” attached hereto and incorporated herein (the “Grant Deed”), and an “Option Agreement” between Nonprofit and City, substantially in the form of Exhibit “C” hereto and incorporated herein. Developer shall deposit all costs of Closing required to be paid by Developer pursuant to this Agreement, into Escrow at least one day prior to Closing. 805 6 (b) Closing. Upon Closing, Escrow shall: (i) record the Grant Deed; (ii) record the Option Agreement; and (iii) pay any expenses payable with respect to the Closing. (c) Closing Costs. Developer shall pay the full amount of all escrow fees, recording fees, documentary transfer taxes, and title fees. (d) Prorations. At the Closing, Developer shall be responsible for all property taxes and assessments due through the Closing. 5. REPRESENTATIONS, WARRANTIES AND COVENANTS. 5.1 Developer’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Developer contained in other sections of this Agreement, Developer hereby represents, warrants and covenants to the Nonprofit that the statements below in this Section 5.1 are each true and correct as of the Closing Date; provided however, if to Developer’s actual knowledge any such statement becomes untrue prior to Closing, Developer will notify the Nonprofit in writing and the Nonprofit will have ten (10) days thereafter to determine if the Nonprofit wishes to proceed with Closing. (a) Authority. Developer has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Developer, and upon delivery to and execution by the Nonprofit and City is a valid and binding agreement of Developer. All the instruments, agreements and other documents executed by Developer that are to be delivered to the Nonprofit at Closing are and at the time of Closing will be duly authorized, executed and delivered by Developer, and will be the valid and binding agreements and obligations of Developer enforceable in accordance with their respective terms. (b) Encumbrances. Developer has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report or in this Agreement. Developer will not, directly or indirectly, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Property or any portion thereof prior to the Closing, as long as this Agreement is in force. (c) Other Agreements. There are no agreements affecting the Property except those which have been disclosed by Developer to the Nonprofit. There are no agreements which will be binding on the Nonprofit or the Property after the Closing which cannot be terminated on thirty (30) days prior written notice. (d) No Leases. Between the Effective Date and the earlier of the Closing or the termination of this Agreement, Developer shall not enter into any new leases or extend the term of any existing leases of any portion of the Property. (e) Environmental. Other than those disclosures made pursuant to Section 6.1 hereof, Developer makes no other representations or warranties concerning the environmental condition of the Property. The Nonprofit will satisfy itself concerning the environmental condition of the Property, including but not limited to whether the Property or any portion thereof, including 806 7 but not limited to the air, soil, or groundwater in, on, beneath, or adjacent to the Property is contaminated with Hazardous Substances. (f) Title. Except as disclosed herein, and in the Preliminary Report, Developer has no actual knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than Developer. (g) Litigation and Administrative Proceedings. There is no pending, or, to Developer’s actual knowledge, threatened litigation, administrative proceeding or other legal or governmental action with respect to the Property. (h) Disclosure. Developer has disclosed all material facts with respect to the Property of which Developer has actual knowledge, and Developer further represents that it has performed a reasonably diligent search for non-privileged documents relevant and material to the condition of the Property and provided a copy of such documents to the Nonprofit. (i) Non-Foreign Person. Developer is not a foreign person as defined in Internal Revenue Code section 1445(f)(3). (j) Bankruptcy and Insolvency. Developer is not bankrupt or insolvent under any applicable federal or state standard, has not filed for protection or relief under any applicable bankruptcy or creditor protection statute, and has not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Developer contained in this Agreement are conditions precedent to the Nonprofit’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration or termination of this Agreement and the Closing and shall not be deemed merged into the deed upon the Closing. 5.2 Nonprofit’s Representations and Warranties. In addition to the representations, warranties and covenants of the Nonprofit contained in other sections of this Agreement, the Nonprofit hereby represents, warrants and covenants to Developer that the statements below in this Section 5.2 are each true as of the Effective Date, and, if to the Nonprofit’s actual knowledge any such statement becomes untrue prior to Closing, the Nonprofit shall so notify Developer in writing and Developer shall have ten (10) days thereafter to determine if Developer wishes to proceed with Closing. (a) The Nonprofit is a California nonprofit corporation, in good standing under the laws of the State of California. The Nonprofit has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by the Nonprofit, and upon delivery to and execution by Developer shall be a valid and binding agreement of the Nonprofit. (b) The Nonprofit is not bankrupt or insolvent under any applicable federal or state standard, have not filed for protection or relief under any applicable bankruptcy or 807 8 creditor protection statute, and have not been threatened by creditors with an involuntary application of any applicable bankruptcy or creditor protection statute. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of the Nonprofit contained in this Agreement are conditions precedent to Developer’s obligation to proceed with the Closing hereunder. 6. ENVIRONMENTAL OBLIGATIONS. 6.1 Developer’s Responsibilities. California Health & Safety Code Section 25359.7 requires owners of real property who know, or have reasonable cause to believe, that any release of Hazardous Substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Developer to provide certain disclosures regarding natural hazards affecting the Property. Developer shall disclose to the Nonprofit the actual knowledge Developer has with respect to the deposit of Hazardous Substances on the Property, if any. Developer agrees to make all disclosures required by law within thirty (30) days after the Effective Date. Developer’s responsibility and obligations of this Section 6.1 are solely limited to Developer’s knowledge of, or Developer’s reasonable cause to believe, Hazardous Substances that have been stored upon or released upon or under the Property. 6.2 As Is Sale. Except as otherwise stated in this Agreement and except for Developer’s representations and warranties in Section 5.1 hereof (“Developer’s Warranties”), this sale is made and will be made without representation, covenant, or warranty of any kind by Developer. As a material part of the consideration for this Agreement, the Nonprofit agrees to accept the Property on an “as is” and “where is” basis, with all faults, and without any representation or warranty, all of which Developer hereby disclaim, except for Developer’s Warranties. Except for Developer’s Warranties, no warranty or representation is made by Developer as to fitness for any particular purpose, merchantability, design, quality, condition, operation or income, compliance with drawings or specifications, absence of defects, absence of hazardous or toxic substances, hazardous materials, hazardous wastes, absence of faults, flooding, or compliance with laws and regulations including, without limitation, those relating to health, safety, and the environment. The Nonprofit acknowledges that it has entered into this Agreement with the intention of making and relying upon its own investigation of the physical, environmental, economic use, compliance, and legal condition of the Property and that the Nonprofit is now relying, and will not later rely, upon any representations and warranties made by Developer or anyone acting or claiming to act, by, through or under or on Developer’s behalf concerning the Property, except for Developer’s Warranties. The provisions of this Section 6.2 shall survive indefinitely any closing or termination of this Agreement. 6.3 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” means all of the following: (a) Any substance, product, waste or other material of any nature whatsoever which is or becomes defined, listed or regulated as a “hazardous substance”, “hazardous material”, “hazardous waste”, “toxic substance”, “solid waste” or similarly defined substance, product, waste or other material pursuant to any Environmental Law (which Environmental Law shall include any and all regulations in the Code of Federal Regulations or any other regulations implemented under the authority of such Environmental Law), including all of the following and 808 9 their state equivalents or implementing laws: (i) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601, et seq. (“CERCLA”); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et. seq.; (iii) those substances listed on the United States Department of Transportation Table (49 C.F.R. 172.01 and amendments thereto); (iv) The Resource Conservation and Recovery Act, 42 U.S.C. §6901 et. seq. (“RCRA”); (v) the Toxic Substances Control Act, 15 U.S.C. §2601 et. seq.; (vi) the Clean Water Act, 33 U.S.C. §1251 et. seq.; (vii) the Clean Air Act, 42 U.S.C. §7401 et. seq.; and (viii) any other Federal, state or local law, regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect; or any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above laws or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or Federal court. (b) any petroleum, any petroleum by-products, waste oil, crude oil or natural gas; (c) Any material, waste or substance that is or contains asbestos or polychlorinated biphenyls, or is radioactive, flammable or explosive; (d) Lead based paint and other forms of lead and heavy metals, mold, grease tanks, waste storage areas, batteries, light bulbs, refrigerators, freezers, appliances, heating and cooling systems, thermostats, electronic devices, electrical switches, gauges, thermometers, aerosol cans, cleaning products, formaldehyde, polyurethane, PCE, PFAs, pressure treated wood containing arsenic, and building materials containing PCBs or volatile organic compounds, and (e) Any other substance, product, waste or material defined or to be treated or handled as a Hazardous Substance pursuant to the provisions of this Agreement. 6.4 Environmental Law(s). For purposes of this Agreement, “Environmental Law” means any federal, state, or local laws, ordinances, rules, regulations, requirements, orders, formal guidelines, or permit conditions, in existence as of the Effective Date of this Agreement or as later enacted, promulgated, issued, modified or adopted, regulating or relating to Hazardous Substances, and all applicable judicial, administrative and regulatory judgments and orders and common law, including those relating to industrial hygiene, public safety, human health, or protection of the environment, or the reporting, licensing, permitting, use, presence, transfer, treatment, analysis, generation, manufacture, storage, discharge, release, disposal, transportation, investigation or remediation of Hazardous Substances. Environmental Laws shall include, without limitation, all of the laws listed under the definition of Hazardous Substances. 7. BROKERS. The Nonprofit and Developer each represent that no real estate broker has been retained by it in the donation of the Property or the negotiation of this Agreement. Each Party shall indemnify, hold harmless and defend the other Party from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or similar charges arising out of the indemnifying Party’s conduct. 809 10 8. MISCELLANEOUS. 8.1 Interpretation. This Agreement has been negotiated at arm’s length, and each Party has had an opportunity to be represented by independent legal counsel in this transaction. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 8.2 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive the Closing. 8.3 Assignment. Except as provided below, neither Developer nor the Nonprofit may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the Developer from their obligations under this Agreement. a. The Nonprofit may transfer its interests hereunder, without the approval of City or Developer, to a limited partnership in which the managing general partner is an entity under the direct control of or under common control with the Nonprofit. b. The Nonprofit may transfer its interests hereunder to City at any time, without the approval of Developer. If (i) the Nonprofit elects not to acquire the Property, or (ii) the Nonprofit has not closed escrow on the acquisition of the Property on or before the Outside Closing Date, then the Nonprofit’s interests hereunder shall automatically be assigned to City, the Due Diligence Contingency Period shall be extended to [sixty (60)] days after the date of such assignment, and the Outside Closing Date shall be extended to [thirty (30)] days after the end of the revised Due Diligence Contingency Period. City shall not be liable for any obligations of the Nonprofit which arose prior to the date of assignment. 8.4 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 8.5 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Venue for any dispute arising hereunder shall be in the Superior Court of Alameda County. 8.6 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. Any modifications to this Agreement must be in writing and signed by Developer, City and the Nonprofit. 810 11 8.7 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and the remainder of this Agreement shall remain in full force and effect unless the invalidated provision materially alters the consideration being exchanged between Developer and the Nonprofit. However, if any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, but the stricken provision can be replaced with a legal, enforceable and valid provision in keeping with the intent of the Parties as expressed herein and which fairly restores the consideration lost as a result of the stricken provision or stricken part thereof, then this Agreement shall remain in full force and effect. 8.8 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., FedEx) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party’s address as set forth below: If to Nonprofit: Eden Housing 22645 Grand Street Hayward, California 94541-5031 Attention: If to Developer: TH East Ranch Dublin, LLC 3001 Bishop Drive, Suite 100 San Ramon, CA 94583 Attention: Tony Bosowski, Division President And a copy to: TH East Ranch Dublin, LLC 3001 Bishop Drive, Suite 100 San Ramon, CA 94583 Attention: Legal Department And a copy to: Jackson Tidus 2030 Main Street, 12th Floor Irvine, CA 92614 Attention: Sonia Lister, Esq. If to City: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attention: City Manager Copy to City Attorney Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. 811 12 Any Party may change its address by notice to the other Party. Each Party shall make a good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 8.9 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 8.10 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 8.11 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 8.12 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 8.13 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. 8.14 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date. 8.15 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 8.16 No Return of Property. Notwithstanding any other provision of this Agreement or any other agreement between any of the Parties hereto, once the Property is conveyed to and accepted by the Nonprofit, the Nonprofit shall have no right or obligation to return the Property to Developer under any circumstances. 812 13 8.17 Fees and Expenses. Except as otherwise provided herein, all expenses incurred as part of the transaction, including legal, professional, due diligence, advisory support, negotiation, etc., shall be borne by the party which incurred the fee or expense. 8.18 No Continued Marketing. From and after the execution of this Agreement, Developer shall not market or solicit offers for the Property from any third parties (including “backup” offers). 813 14 IN WITNESS WHEREOF, this Agreement is executed by the Parties as of the Effective Date. Nonprofit: By:___________________________________ By:___________________________________ Developer: By:___________________________________ City: By:___________________________________ 814 Exhibit A EXHIBIT A LEGAL DESCRIPTION That real property located in the City of Dublin, County of Alameda, State of California, described as follows: 815 Exhibit B EXHIBIT B Recording Requested by and When Recorded, Return to: APN 163-361-11 Exempt from Documentary Transfer Tax Per Rev. & Tax. Code § 11911(a) Consideration less than $100 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, TH East Ranch Dublin, LLC, a California limited liability company (“Grantor”), hereby grants to ________________________________________ (“Grantee”), all that certain real property, together with any and all improvements and fixtures situated thereon and appurtenances thereto (collectively, the “Property”), located in the City of Dublin, County of Alameda, State of California and more particularly described in Attachment No. 1 hereto and incorporated in this Grant Deed by this reference. 1. Grantee agrees that the Property shall be bound by the following Restrictions and acknowledges that the failure to comply with any of the foregoing shall constitute a violation of the Restrictions: (a) ____________________. (b) ____________________. (c) ____________________. 2. This Deed and the Restrictions shall run with the land and shall be binding upon Grantee and inure to the benefit of Grantor. References herein to “Grantor” shall include all successors, assigns and transferees of Grantor’s rights and remedies hereunder and at law or in equity for a breach of the Restrictions, and references herein to “Grantee” shall include all successors, assigns and transferees of Grantee’s right, title and interest in the Property and this Deed (including, without limitation, the Restrictions). This Deed and the Restrictions shall be enforceable by the rights and remedies set forth in Paragraph 2 hereof. 816 Exhibit B 3. The City of Dublin, a California municipal corporation (the “City”), is an intended third party beneficiary of the Restrictions, with rights to enforce the Restrictions. 4. Neither this Deed nor the Restrictions may be rescinded, modified or amended, in whole or in part, without the written consent of Grantor and City. 5. Whenever in this Deed a notice is to be given to Grantor or Grantee, it shall be in writing and delivered personally, by certified mail, or by reputable courier service which provides written evidence of delivery, addressed as follows: (i) as to Grantee, to the then current fee owner of the Property at the address to which real property tax statements for the Property are then currently to be mailed by the applicable governmental taxing authority, and (ii) as to Grantor, to___________________________________________, or (B) to such other address for Grantor that is identified as Grantor’s notice address in any instrument delivered to the then Grantee. . IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ________________, 202__. GRANTOR: TH East Ranch Dublin, LLC, a California limited liability company By:___________________________________ GRANTEE: By:__________________________________ By:__________________________________ CITY: By:___________________________________ By:___________________________________ 817 Exhibit B Attachment No. 1 to Grant Deed LEGAL DESCRIPTION That real property located in the County of Alameda, State of California, described as follows: 818 Exhibit B A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of _____________ ) On_____________________, 20____ before me, _____________________, a Notary Public, in and for said State and County, personally appeared _______________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _______________________________ NOTARY PUBLIC 819 Exhibit C EXHIBIT “C” OPTION AGREEMENT [To Be Attached] 5428396.2 820 -1- EXHIBIT F ADU Regulatory Agreement Attached 5405636.4 821 Second Unit Reg Agmt / Name / Date 1 Rev 12/2017 requested by and when recorded mail to: City of Dublin 100 Civic Plaza Dublin, CA 94568 Attn: City Clerk EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§6103, 27383 Space above this line for Recorder’s Use City Clerk Department\Agreements/Contracts\0600-25 Development: East Ranch Owner: APN: SECONDARY UNIT REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS Owner: Name Property Address: Address, Lot # Dublin, CA 94568 Name of Development: East Ranch This Secondary Unit Regulatory Agreement and Declaration of Restrictive Covenants (this "Agreement”) is entered into effective as of Date (“Effective Date”) by and between the City of Dublin, a public body, corporate and politic (“City”) and Name (the “Owner”). City and Owner are hereinafter collectively referred to as the “Parties.” Recitals A. Owner is the owner of certain real property that contains a secondary dwelling unit, which is located in the City of Dublin, County of Alameda, State of California and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the “Property”). The Property is located within a residential development project area (the “Project”) that was subject to the City’s Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal Code), which requires that developments consisting of 20 or more residential units must include a specified percentage of units that are subject to affordability restrictions set forth in a binding agreement recorded against the property. B. The developer of the Project chose to satisfy its obligations through among other things the construction of secondary units on some of the residential lots in the Project, including on the Property, and requiring the purchasers to enter into regulatory 822 Second Unit Reg Agmt / Name / Date 2 Rev 12/2017 agreements restricting the rents charges for the secondary units to affordable rents, in accordance with the Inclusionary Zoning Regulations. C. The Parties have agreed to enter into and record this Agreement in order to satisfy the requirements described in the foregoing Recitals. The purpose of this Agreement is to regulate and restrict the occupancy and rents of the Property’s Restricted Unit (defined below) for the benefit of the occupants. The covenants in this Agreement are intended to run with the land and be binding on Owner and its successors and assigns for the full term of this Agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the Parties hereby agree as follows: 1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits. “Applicable Income Level” means the annual gross income level specified below: Low-income: 50% to 80% of Area Median Income. "Area Median Income" or "AMI" means the area median income for Alameda County, California, adjusted for household size, published periodically by the California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations (“Regulations”) or successor provision published. "Eligible Household" means a household whose gross income does not exceed the Applicable Income Level and that is otherwise eligible to rent a Restricted Unit. "Qualifying Rent" means a monthly rent which does not exceed one-twelfth of thirty percent (30%) of the Applicable Income Level adjusted for household size, less a utility allowance as specified by the Housing Authority of Alameda County. "Restricted Unit" means the secondary dwelling unit on the Property that is depicted in Exhibit B and that is reserved for occupancy at a Qualifying Rent in accordance with and as set forth in Section 2. 2. Use and Affordability Restrictions. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. 2.1 Affordability Requirements. The Restricted Unit, if it is rented, shall be rented at not more than Qualifying Rent and occupied by Eligible Households. Owner shall ensure that language is contained in all leases and contracts with tenants executed by Owner that prohibits subleasing of the Restricted Unit. 823 Second Unit Reg Agmt / Name / Date 3 Rev 12/2017 2.2 Rents for Restricted Units. Rent charged to, and paid by, a tenant for Restricted Units shall be not more than Qualifying Rent. Notwithstanding the foregoing, no tenant qualifying for a Restricted Unit shall be denied continued occupancy of the Restricted Unit because, after admission, such tenant’s adjusted income increases to exceed the qualifying limit for such Restricted Unit. 2.3 Non-Discrimination; Compliance with Fair Housing Laws. Owner shall not discriminate against persons or groups of persons on account of race, color, religion, creed, sex, sexual orientation, marital status, familial status, ancestry or national origin in the lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. Owner shall each ensure that language prohibiting such discrimination shall be included in all deeds, leases and contracts executed by Owner or its successors and assigns with respect to the Property. Owner shall comply with state and federal fair housing laws in the marketing and rental of the units in the Property. 3. Reporting Requirements. 3.1 Tenant Verification. Owner or its authorized agent shall obtain from each household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, written documentation verifying each tenant’s eligibility containing all of the following, including additional documentation as City may reasonably require (collectively hereinafter “Written Verification”): (a) Number of people in the household; and (b) Total household income. Owner or its authorized agent shall retain Written Verification for not less than three (3) years, and upon City’s request, shall make the Written Verification available for inspection by City and shall provide copies of the Written Verification to City. Owner or its authorized agent may require each Eligible Household to certify the Written Verification. 3.2 Annual Report; Inspections. Owner shall submit an annual report (“Annual Report”) to the City in conformity with the requirements of Section 8.68.050.B of the Inclusionary Zoning Regulations, together with a certification that the Property is in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, include the following information: (i) identification of the Restricted Unit by address; (ii) the monthly rents charged and proposed to be charged; (v) the number of people residing in the unit; and (vi) the total household income of residents. Depicted in Exhibit C. Upon City’s request, Owner shall include with the Annual Report, a copy of the Written Verification Owner obtained pursuant to Section 3.1 above, and such additional information as City may reasonably request from time to time in order to show compliance with this Agreement. Owner shall permit representatives of City to enter and inspect the 824 Second Unit Reg Agmt / Name / Date 4 Rev 12/2017 Property during reasonable business hours in order to monitor compliance with this Agreement upon 24 hours advance notice of such visit to Owner. 4. Term of Agreement. 4.1 Term of Restrictions. This Agreement shall remain in effect for 55 years from the original owner’s date of signing, hereby understood by the Parties to be DATE. 4.2 Effectiveness Succeeds Conveyance of Property. This Agreement shall remain effective and fully binding for the full term hereof regardless of any sale, assignment, transfer, or conveyance of the Property, unless this Agreement is terminated earlier by City in a recorded writing. 4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge the terms of this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement in accordance with its terms. 5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property to the covenants and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or transfer of the Property or any part thereof or interest therein. Each reference in this Agreement to a specifically named party shall be deemed to mean a reference to the successor of each such Party. Any successor-in-interest to Owner, including without limitation any purchaser, transferee or lessee of the Property (other than the tenants of the individual dwelling units within the Property) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. If any such contract, deed, ground lease or other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, ground lease or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby. Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property in favor of City. 6. Property Management; Repair and Maintenance; Marketing. 825 Second Unit Reg Agmt / Name / Date 5 Rev 12/2017 6.1 Management Responsibilities. Owner shall be responsible for all management functions with respect to the Property, including without limitation the selection of tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Except as City may otherwise agree in writing, City shall have no responsibility for management or maintenance of the Property. The contracting of management services to a management entity shall not relieve Owner of its primary responsibility for proper performance of management duties. 6.2 Intentionally Omitted. 6.3 Repair, Maintenance and Security. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Property (including without limitation, the residential units, common areas, landscaping, driveways and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property. Owner shall prevent and/or rectify any physical deterioration of the Property and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. 6.4 Intentionally omitted. 6.5 Intentionally omitted. 6.6 Intentionally omitted. 6.7 Intentionally omitted. 6.8 Property Damage or Destruction. If any part of the Property is damaged or destroyed, Owner shall repair or restore the same as soon as practicable, consistent with the occupancy and rent restriction requirements set forth in this Agreement. 7. Recordation; No Subordination. This Agreement shall be recorded in the Official Records of Alameda County. Concurrently with the execution and recordation of this Agreement, Owner and City shall further execute and record a Performance Deed of Trust, Assignment of Rents, Fixture Filing and Security Agreement, in the form provided by City (the “Performance Deed of Trust”). Owner hereby represents, warrants and covenants that with the exception of easements and restrictions of record, absent the written consent of City, this Agreement and the Performance Deed of Trust shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property. If at the time this Agreement and the Performance Deed of Trust are recorded, any interest, lien, or encumbrance has been recorded against the Property in position superior to this Agreement and the Performance 826 Second Unit Reg Agmt / Name / Date 6 Rev 12/2017 Deed of Trust, upon the request of City, Owner hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section, and to provide such evidence thereof as City may reasonably request. Subordination of this Agreement and the Performance Deed of Trust shall require a fee to be paid to the City at the close of escrow. Fee amounts may adjust annually. 8. Transfer and Encumbrance. 8.1 Restrictions on Transfer. During the term of this Agreement, except as permitted pursuant to this Agreement, Owner shall not make or permit the occurrence of any conveyance, sale or lease (except as to individual dwelling units) of the Property without the prior written consent of the City; provided however City shall not withhold its consent to the sale, transfer or other disposition of the Property, in whole or in part, provided that (i) the transferee expressly assumes all obligations of Owner imposed by this Agreement; (ii) the transferee executes all documents reasonably requested by the City with respect to the assumption of the Owner’s obligations under this Agreement; and (iii) the Owner has paid the City an Affordable Home Ownership Fee to cover the City’s costs associated with the transaction. The amount of the Affordable Home Ownership Fee amount shall be as established from time to time by the City Council. 8.2 Encumbrances. Owner agrees to use best efforts to ensure that any deed of trust secured by the Property shall contain each of the following provisions: (i) the holder of such deed of trust shall use its best efforts to provide to City a copy of any notice of default issued to Owner concurrently with provision of such notice to Owner (provided however, the failure to do so shall not impair such holder’s rights and remedies); and (ii) City shall have the reasonable right, but not the obligation, to cure any default by Owner within the same period of time provided to Owner for such cure, extended by an additional thirty (30) days. 8.3 Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee’s sale or foreclosure sale. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Property that such violation has occurred. 9. Default and Remedies. 9.1 Events of Default. Owner’s failure to cure any default in performance of Owner’s obligations under this Agreement within thirty (30) days following City’s delivery of a notice of default shall constitute an Event of Default hereunder and shall entitle the City to proceed with any of the remedies described below. Notwithstanding the foregoing, if the default is such that it is not reasonably capable of being cured within thirty (30) days, 827 Second Unit Reg Agmt / Name / Date 7 Rev 12/2017 an Event of Default shall not arise hereunder if Owner commences to cure the default within 30 days and thereafter prosecutes the curing of such default to completion with due diligence and in good faith, but in no event later than ninety (90) days after receipt of City’s notice of default or such longer period as City may agree to in writing. (a) Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief; (b) For violations of obligations with respect to rents for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Qualifying Rent; (c) Pursue any other remedy allowed at law or in equity. 9.2 Remedies Cumulative. Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. 10. Indemnification. Owner shall defend (with counsel approved by City), indemnify and hold the City and its officials, officers, directors, employees, and agents (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including reasonable attorneys' fees) arising from or in connection with or in any way related to: (i) Owner’s performance or failure to perform any obligation required by this Agreement; or (ii) any act or omission by Owner, or any of Owner’s contractors, subcontractors, agents, employees, licensees or suppliers related to the Property, except to the extent arising from the gross negligence or willful misconduct of such Indemnified Party. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. 11. Miscellaneous. 11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties. 11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their 828 Second Unit Reg Agmt / Name / Date 8 Rev 12/2017 respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; (d) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day. City: City of Dublin Attn: City Clerk 100 Civic Plaza Dublin, CA 94568 HousingInfo@dublin.ca.gov Owner: Buyers Address Dublin, CA 94568 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 11.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council. 11.7 Non-Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money 829 Second Unit Reg Agmt / Name / Date 9 Rev 12/2017 which may become due to Owner or its successor or for any obligation of City under this Agreement. 11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. 11.9 Time is of the Essence. Time is of the essence in the performance of this Agreement. 11.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. 11.11 Attorneys' Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. 11.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby. 11.13 Entire Agreement; Exhibits. This Agreement contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. The exhibits attached hereto are incorporated herein by this reference. 11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. SIGNATURES ON FOLLOWING PAGE. 830 Second Unit Reg Agmt / Name / Date 10 Rev 12/2017 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above. OWNER ______________________________ Buyer ______________________________ Buyer CITY OF DUBLIN _______________________________ Linda Smith, City Manager ATTEST: ___________________________________ City Clerk SIGNATURES MUST BE NOTARIZED. 831 Notary Acknowledgement [Insert Here] 832 Exhibit A LEGAL DESCRIPTION 833 Exhibit B MAP 834 EXHIBIT C ANNUAL SURVEY SAMPLE 835 5431268.2 836 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 8.3 DATE:April 18, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:East Ranch Inclusionary Housing and Community Facilities District ProposalsPrepared by:Amy Million, Principal Planner and Kan Xu, Senior CivilEngineer EXECUTIVE SUMMARY:The Applicant, TH East Ranch Dublin, LLC (Trumark Homes), submitted a request for the City Council’s consideration of an alternative method of complying with the Inclusionary Zoning Regulations and the formation of a Facilities Community Facilities District (CFD) to finance the construction of public improvements within the East Ranch development project. The City Council will receive a presentation from the Applicant and provide feedback regarding the affordable housing proposal and formation of a Facilities CFD for improvements. No formal action will be taken, nor will approvals be granted, for the project at this meeting. STAFF RECOMMENDATION:Receive the presentation and provide feedback on the Applicant’s proposal to satisfy the requirements of the Inclusionary Zoning Regulations and formation of a Community Facilities District to fund the construction of public facilities. FINANCIAL IMPACT:All costs associated with preparing this report are borne by the Applicant. The Applicant’s inclusionary housing proposal includes the payment of in-lieu fees for 25 units to satisfy 35% of the affordable requirement. Based on the current in-lieu fee of $228,994.42/unit this payment would be $5,724,860.50. In addition, as a part of the implementation of the East Ranch development project, a Facilities Community Facilities District (CFD) is proposed for the purpose of financing the acquisition and construction of public improvements within the development, including two neighborhood parks. Attachment 3 837 Page 2 of 7 DESCRIPTION:BackgroundThe 165.5-acre East Ranch development project site is an undeveloped parcel located within the Fallon Village area of the Eastern Dublin Specific Plan (EDSP). The site is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern boundary,as shown in Figure 1 below. The projectsite generally increases in elevation from south to north with knolls and hilly terrain in the northeastern portion of the site. Figure 1.Vicinity Map On December 7, 2021, the City Council introduced a Planned Development Ordinance,approvedVesting Tentative Tract Map No. 8563,and approved a Heritage Tree Removal Permit (Resolution No. 140-21). On December 21, 2021, the City Council approved a Planned Development Zoning Stage 2 Development Plan (Ordinance No. 11-21). On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum against Planned Development Zoning Ordinance No. 11-21 was submitted. To qualify, the referendum petition needed to contain signatures of at least 10% of the registered Dublin voters or a minimum of 3,439 signatures. The referendum petition was determined to be sufficient for filing and was delivered to the Alameda County Registrar of Voters on January 27, 2022 for signature examination. The Registrar of Voters determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. 838 Page 3 of 7 On March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition. At the request of TH East Ranch Dublin, LLC, the Applicant, the City Council also repealed Ordinance No. 11-21 (Ordinance No. 02-22). The City Council took this action instead of asking the voters to consider Ordinance No. 11-21.The Applicant has correctly pointed out that the Housing Accountability Act (HAA) (Government Code Section 65589.5) expressly precludes the City from requiring a rezone when a project is consistent with the General Plan. This rule applies even when the existing zoning is inconsistent with the General Plan, as is the case here. The Vesting Tentative Tract Map No. 8563 was not subject to the referendum and, therefore, remains in effect. On May 3, 2022, the City Council approved modifications to Condition of Approval Nos. 6 and 7 of the Vesting Tentative Map (Resolution No. 40-22). The request was submitted by the Applicant pursuant to the HAA and amended the two conditions of approval to comply with the objective standards of the City’s Inclusionary Zoning Regulations. As a result, the applicant is able to pursue a project that fully complies with all objective City standards to be processed under the HAA.On March 14, 2023, the Planning Commission approved the Site Development Review Permit for six neighborhoods that includes the construction of 459 conventional single-family homes, 14 zero-lot-line single-family homes, 100 townhomes, and a landscape master plan. Project’s Relationship to State Housing Laws and PolicyThe Applicant designed the project under state housing laws which limit the City’s discretion on the project. The HAA, the Housing Crisis Act of 2019 (Senate Bill 330), and various other state laws prevent or restrict the ability to deny projects that are consistent with applicable, objective standards in effect at the time when the application is deemed complete. The Applicant designed the East Ranch development project to be consistent with the applicable objective standards of the General Plan and Eastern Dublin Specific Plan, the existing Planned Development Zoning Stage 1 Development Plan (Ordinance No. 32-05 and Ordinance No. 45-08), and other policies, as a means of limiting the City’s discretion. The HAA prohibits the City from denying applications for such projects absent an immediate threat to public health or safety that cannot be mitigated, as determined by objective standards that were in place when the application was submitted. In essence, the HAA provides that once a city designates a site for housing in its General Plan, it must allow that housing to be developed except in very limited circumstances involving immediate threats to public health and safety. Current RequestThe Applicant requests the City Council consider an alternative method of compliance with the Inclusionary Zoning Regulations and the formation of a Community Facilities District (CFD) for thepurpose of financing the acquisition and construction of public improvements within the development (Attachment 1). The Applicant’s requests are exceptions to the objective standards of the City and therefore do not have to be approved under the HAA. These requests are subject to discretion of the City Council. 839 Page 4 of 7 AnalysisInclusionary ZoningThe City’s Inclusionary Zoning Regulations (DMC Chapter 8.68) require all new residential projects of 20 units or more to construct 12.5% of the total number of units as affordable units. The units shall reflect the range of number of bedrooms provided in the project as a whole but may be smaller in size. The proposed East Ranch project generates a requirement to provide 72 affordable units (i.e., 573 units x 12.5% = 72 units).The East Ranch project is currently required to comply with the Inclusionary Zoning Regulations by conforming to the objective standards in that Ordinance summarized as follows: In-Lieu Fee: 40% of the total number of affordable units within the development (29 units) may be satisfied via payment of an “In-Lieu Fee” as provided by the City’s Impact Fee Schedule. On-site Below-Market-Rate Units: 60% of the total number of affordable units within the development (43 units) shall be developed on site, with 40% of those (17 units) for low-income households and 60% of those (26 units) for moderate-income households. Below-Market-Rate Units shall be dispersed throughout all the neighborhoods, in rough proportion to the number of market rate units in each neighborhood and constructed concurrently with the market rate units in the same neighborhood. Execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units shall be required in accordance with DMC Chapter 8.68. The Applicant/Developer shall implement and conform to all objective requirements of DMC Chapter 8.68.Pursuant to DMC Section 8.68.040.E, a developer may request an exception to the construction of 12.5% of the total number of dwelling units as affordable units. All exceptions require City Council approval, which shall be obtained at or prior to the last discretionary approval for the project, in this case the formation of a CFD. The Applicant has proposed an alternate method of compliance with the Inclusionary Zoning Regulations. This alternate approach to affordable housing is an exception to the objective standards of the Inclusionary Zoning Regulations, and thus the HAA does not restrict the City Council’s discretion when considering this exception. The proposed alternate affordable housing approach is similar to the alternate method of compliance previously reviewed and approved by the City Council with the adoption of Ordinance No. 11-21 in December 2021. The Applicant affordable housing proposal is summarized as follows: Payment of in-lieu fees for 18 units (to satisfy 35% of the affordable requirement). Based on the current in-lieu fee of $228,994.42/unit, this payment would be $5,724,860.50. Construction of 18 deed-restricted units at the moderate-income level. These units would consist of 14 zero-lot-line single-family units and 4 townhomes (to satisfy 25% of the affordable requirement). Dedication of the two-acre Semi-Public site for a future affordable housing project to satisfy the requirement for 36 units (to satisfy 40% of the affordable requirement). 840 Page 5 of 7 Construction of 50 deed-restricted accessory dwelling units at the low-income level. Staff had recommended approval of the similar proposal in December 2021. Community Facilities DistrictA CFD is a special financing district that provides a mechanism for funding specific facilities and services as authorized through the Mello-Roos Community Facilities Act of 1982 (Gov. Code, Section 53311 et seq.). The Act allows any county, city, special district, school district, or joint powers authority to establish a CFD in order to levy special taxes for the purpose of financing public facilities and services. The special taxes can then be used to pay off any bonds issued to fund facilities and improvements, or as an ongoing revenue source to pay for certain services.A “Facilities CFD” can be used to fund a range of public facilities and is generally applicable for any real or other tangible property with an expected useful life of five or more years that will be owned and operated by the local agency. Examples of authorized improvements include but are not limited to parks, roads, bridges, and utility systems. A Facilities CFD is typically financed through the issuance of bonds, which are repaid over time by the property owners within the district.A “Services CFD” can be used (even in conjunction with a Facilities CFD) to fund certain ongoing services like police protection, fire protection and suppression, ambulance and paramedics, maintenance and lighting of parks, parkways, roads, and open space, flood and storm protection,and environmental cleanup and remediation. The creation of both CFDs requires approval of the local agency. Revenue to operate a Services CFD is generated through assessments levied on the properties within the district.The Vesting Tentative Tract Map Condition of Approval No. 127 (Resolution No. 140-21) notes that the Applicant cannot object to the formation of any CFD. The Applicant is now seeking approval of the first final map and has started the Services CFD formation process by providing an initial financing proposal for Staff review. The Services CFD will fund maintenance of the public streets, two public parks, and the storm drain systems within the East Ranch development. Based on the City’s current maintenance costs for similar items throughout the City, a contingency, and administration costs, the proposed assessment on each unit within the district is approximately $1,119 per year for maintenance of public infrastructure (Attachment 2). The adjusted property tax to include the Services CFD will equal approximately 1.43% of the estimated home price. The Applicant is requesting the City Council’s consideration of the formation of a Facilities CFD to fund construction of certain public infrastructure and development impact fees associated with the project, including grading, street improvements, storm drain, water, and sewer facilities. The inclusion of water and sewer facilities within the Facilities CFD will require a separate Joint Community Facilities Agreement between the Applicant, the City, and Dublin San Ramon ServicesDistrict. The Applicant’s proposed annual CFD special tax rate (Services CFD and Facilities CFD), when combined with all other property taxes would, on average, equal approximately 1.70% of the estimated home price. The bonding capacity of the Facilities CFD is estimated to yield approximately $38.5 million in net proceeds based on the special tax rate, assuming annual escalation of 2% per year and an interest rate on the bonds of 5.50% (net of typical costs for underwriter discount, reserve funds, capitalized interest, and incidental expenses). The proposed 841 Page 6 of 7 Facilities CFD would be structured to consist of six special tax zones, one for each of the various lot/product types, as shown in the following table.Zone #Product Type Annual Special Tax (per unit)Zone 1 65’ x 100’ lots $7,955Zone 2 55’ x 95’ lots $6,039Zone 3 50’ x 110’ lots $6,388Zone 4 49.5’ x 80’ lots $4,776Zone 5 Cluster lots $3,959Zone 6 Townhome units $1,904For additional context, the City of Dublin currently has two CFDs, Dublin Crossing CFD No. 2015-1 and Dublin Crossing CFD No. 2017-1, which were established as part of the Boulevard development to fund the acquisition and construction of infrastructure and to fund the maintenance of a portion of the infrastructure costs constructed in the development. The Dublin Crossing Facilities CFD (No. 2015-1) is funding eligible improvements constructed by the developer, including backbone street improvements, storm drain improvements, sewer and water improvements, landscaping, fencing, as signage, as well as various development-related fees. The Dublin Crossing Services CFD (No. 2017-1), on the other hand, is limited to only maintenance of landscaping within public street medians and maintenance of streetlights within the public street rights-of-way in the Boulevard development. Typical per-unit assessments for Fiscal Year 2022-23 for the Dublin Crossing Facilities CFD range from $3,760 to $5,603, and for the Dublin CrossingServices CFD range from $46.24 to $69.34, depending on product type and unit square footage. It is difficult to compare CFD tax rates between projects as a variety of factors can impact this rate, such as property value, property type, use of property, number of units within the district boundary, capital improvement scope, maintenance scope, duration of tax, and changes to tax rates over time, which all come together to determine assessment rates within a district. ConclusionThe City Council is asked to receive a presentation and provide feedback regarding the Applicant’s proposal for an alternative method to satisfy the requirements of the Inclusionary Zoning Regulations and the formation of a Facilities Community Facilities District for the construction and acquisition of improvements. ENVIRONMENTAL REVIEW:The City Council is receiving a presentation and providing feedback on the Applicant’s affordable housing proposal and the formation of a Facilities CFD and no formal action will be taken at this time. This discussion is not subject to the requirements of the California Environmental Quality Act (CEQA) as it does not have the potential to result in a direct physical change in the environment or a reasonably foreseeable indirect change in the environment and, thus, does notmeet the definition of a project under CEQA Guidelines Section 15378. STRATEGIC PLAN INITIATIVE:None. 842 Page 7 of 7 NOTICING REQUIREMENTS/PUBLIC OUTREACH:A copy of this Staff Report was provided to the Applicant and the City Council Agenda was posted. ATTACHMENTS:1) Trumark Letter dated March 31, 20232) Maintenance Cost Estimate 843 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 6.1 DATE:August 15,2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Dublin Municipal Code Amendment to Section 8.84.140.I “Real Estate Directional Signs” (PLPA-2023-00017)Prepared by:Crystal De Castro,Senior Planner EXECUTIVE SUMMARY:The City Council will consider City-initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka “open house signs”). The City Council will consider adopting amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs” to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City’s enforcement authority. STAFF RECOMMENDATION:Conduct the public hearing, deliberate, and waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs.” FINANCIAL IMPACT:None. DESCRIPTION:BackgroundPursuant to the Dublin Municipal Code (DMC) Chapter 8.84, a Real Estate Directional Sign is a “temporary sign advertising an open house for a property listed for sale, lease, or rent.” State and federal law grants property owners, or their agents, rights to reasonably display Real Estate Directional Signs (California Civil Code Section 713 and 712). The City has exercised its right to regulate these signs to implement its interest in community aesthetics and public safety per DMC Section 8.84.140.I, as it relates to the number of signs, display times, sign size, placement, and manner of placement. The current ordinance allows four open house signs per property which are 844 Page 2 of 5 permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. through sunset. The regulations also allow no more than eight open house signs at any intersection and no more than one sign per property being advertised.Over the past year, Staff has received complaints from several real estate agents related to code violations. Complaints are generally received from agents reporting fellow agents, stating their non-compliant competitors are gaining unfair business advantage over the law-abiding agents. Other agents have expressed concern that the DMC does not allow enough signs to direct buyers to an open house that is difficult to find. Violations arise when real estate agents either do not know the details of the City regulations or choose to ignore the requirements. A vast majority of complaints are concentrated within eastern Dublin where extra signs are displayed on occasion to direct potential buyers to an open house. In addition, realtors also occasionally fail to remove signs after the allowed timeframe.The City has made a concerted effort over the past year to bring greater awareness to Real Estate Directional Sign regulations. This has included proactive, regular enforcement on weekends, as well as education and outreach to real estate agents working within the City of Dublin. Staff has found that education and enforcement resulted in fewer violations when realtors were contacted directly. Staff has also reached out to the Bay East Association of Realtors to further education efforts. The Association provides educational programs and summarizes and publishes the City’s open house sign regulations (along with over thirty other local municipalities) on its website to serve as a resource to its members. The website can be viewed by visiting https://bayeast.org/community-info-statistics/.The proposed amendments to the DMC are intended to further address these concerns while balancing economic development and aesthetic interests of the community. Staff did outreach to the Bay East Association of Realtors for feedback regarding the proposed amendments. The Association was in support of these amendments.AnalysisStaff recommends the following amendments to Section 8.84.140.I where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. The draft Ordinance with the proposed amendments is included as Attachment 1 to this Staff Report.Proposed Amendment:Increase the number of signs allowed from four signs to six signs.A Real Estate Directional Sign Comparison Table (Attachment 2) shows the number of open house signs allowed by each of the surrounding Tri-Valley cities vary while most of the jurisdictions require sign removal by sunset. Based on code enforcement information for Dublin, an average of six signs are typically provided by realtors when a property is difficult to find. Therefore, Staff recommends an increase to the maximum number of allowed signs. Section 8.84.140.I.1 is proposed to be amended as follows:1.Be limited to a maximum of four six (4)(6)open house signs for each property being advertised for sale.Proposed Amendment:Modify public access width allowed to 36 inches and clarify signs are not 845 Page 3 of 5 allowed in the medians.The minimum sidewalk clearance is changed from 32 inches to 36 inches in accordance with the Building Code. Additional text is added to clarify signs are not allowed in medians. Section 8.84.140.I.2 is proposed to be amended as follows:2.Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-two (32)thirty-six (36)inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians.Proposed Amendment: Clarify City authority to issue fines to enforce violation of the ordinance.Text is added to include the City’s authority to issue fines for violations. Section 8.84.140.I.9 is proposed to be amended as follows:9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce illegally located open house signs in violation of Section 8.84.140.I.In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited.Proposed Amendment: Modify the removal time for open house signs.At the Planning Commission meeting on July 11, 2023, public comments were raised regarding concerns with open house signs left out after the allowed timeframe. After further review and discussions with the Bay East Association of Realtors, Staff found that open houses typically end by 4:00 p.m.; therefore, Staff proposes the removal time be changed from sunset to 5:30 p.m. Section 8.84.140.I.8 is proposed to be amended as follows:8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. through sunset to 5:30 p.m.Upon approval of the ordinance, Staff will enhance the amount of education materials/brochure on various media platforms. Staff will also provide an educational brochure along with a written warning to first time offenders, efficiently combining education and enforcement actions. Consistency with General Plan, Specific Plans, and Zoning OrdinanceThe proposed amendments to the Dublin Municipal Code are consistent with the Dublin General Plan and all applicable Specific Plans and the Zoning Ordinance as the amendments bring greater clarity and consistency to existing zoning regulations which implement the General Plan and Specific Plans. Specifically, General Plan Goal 11.6.1 identifies that the City maintain small-business-friendly development services and Implementation Measure 11.6.1.B.3 to “implement permit/inspection process refinements: improve City procedures, as appropriate.” 846 Page 4 of 5 Planning Commission ReviewOn July 11, 2023, the Planning Commission held a public hearing to consider the proposed amendments and make a recommendation to the City Council. As part of the public hearing, three members of the public provided comments, including two real estate agents and a representative from the Bay East Association of Realtors. Following the public hearing, the Planning Commissionadopted Resolution No. 23-04 (Attachment 3), recommending the City Council approve the proposed amendments. The Planning Commission further recommended adding a provision to differentiate the number of signs permitted for major and residential intersections. The Sign Regulations (Section 8.84.140.I.5) currently permits no more than eight (8) open house signs at any intersection. The Planning Commission recommended modifying this provision to further limit the number of open house signs residential intersections to four signs. The number of open house signs at intersections has not previously presented any complaints or enforcement issues and the number of signs that can be displayed at any given intersection is also preempted by requirements to provide an accessible path of travel and motorist visibility. Staffresources to enforce open house signs on weekends is limited. The proposed amendment would require additional Staff time dedicated to monitoring intersections, as well as time required to prepare maps identifying intersection types and to educate the real estate agent community about the different intersection types. Therefore, Staff does not recommend this amendment to the Sign Regulations. However, if the City Council determines this amendment is necessary, the City Council can direct Staff to include this provision in the Ordinance amending the Sign Regulations. ENVIRONMENTAL DETERMINATION:The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The City Council Agenda was posted. ATTACHMENTS:1) Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I Real Estate Directional Signs2) Real Estate Directional Sign Comparison Table 847 Page 5 of 5 3) Planning Commission Resolution No. 23-044) Letter from David Stark, Bay East Association of Realtors 848 Attachment 1 Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3 ORDINANCE NO. XX-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.84.140.I (REAL ESTATE DIRECTIONAL SIGNS) EFFECTIVE CITY-WIDE PLPA-2023-00017 The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community. B. The City has initiated amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent and relevant to changes occurring in the community. C. The proposed amendments are consistent with California Civil Code Section 713 and 712. D. The proposed Zoning Ordinance Amendments include modifications to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs) to increase the number of real estate directional signs allowed, modify the allowable sidewalk clearance in conformance with the Building Code, and clarify the City’s enforcement authority. E. The Planning Commission held a duly noticed public hearing on July 11, 2023, during which all interested persons were heard, and adopted Resolution No. 23-04 recommending City Council adoption of the proposed Zoning Ordinance Amendments. F. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments. G. The City Council held a public hearing on the proposed Zoning Ordinance Amendments on August 15, 2023, at which time all interested parties had the opportunity to be heard. H. Proper notice of said hearing was given in all respects as required by law. I. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. 849 Attachment 1 Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3 SECTION 2. FINDINGS Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and any applicable Specific Plan in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update the City’s Sign Ordinance.” SECTION 3. CEQA A. The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. SECTION 4. A.The Dublin Municipal Code is amended as follows: Section 8.84.140.I (Real Estate Directional Signs) of Title 8 of the Dublin Municipal Code is hereby amended to modify subsections 1, 2, and 9 to read as follows: 1. Be limited to a maximum of six (6) open house signs for each property being advertised for sale. 2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians. 8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. to 5:30 p.m. 9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce open house signs in violation of Section 8.84.140 I. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited. 850 Attachment 1 Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 SECTION 5.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. SECTION 6.Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 7.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __th day of _______ 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 851 Attachment 2 Real Estate Directional Sign Comparison Table- Tri-Valley Cities Jurisdiction Maximum Off-Site Real Estate Directional Signs per Property Maximum Number of Real Estate Directional Signs Allowed per Intersection Placement in Public Right of Way (PROW)Allowed Display Times Enforcement (Repeated Violations) Dublin (current ordinance) 4 8 (no more than 1 sign per property) Prohibited within the PROW if it endangers public safety, is within 5 ft of a call box, fire hydrant, or mailbox. Must provide a minimum 32-inch clearance for the path of travel. Holidays, Saturdays and Sundays and one agent weekday tour each week from 10:00 am to sunset. Removal of signs, City's authority to assess costs and time for enforcement to remove signs, and rights forfeited Pleasanton 4 - Prohibited within medians and allowed within the right- of-way. Monday - Sunday 10:00 am – 6:00 pm PST and Monday - Sunday 10:00 am – 8:00 pm PST Daylight Savings Time Removal of signs, removal fee and fines Livermore No limit on private property No limit on private property Prohibited within PROW of residential, commercial, and industrial zones other than the Downtown Specific Plan area. Thursday, Saturday, and Sunday during daylight hours Removal of signs San Ramon 1 per intersection leading to the site 8 (major intersection) 4 (residential street) Prohibited within the PROW and must be placed 6’ from the back of sidewalk. Weekends and removed no later than Sunday at sunset. Agent tours on Thursdays and Fridays between the hours of 9:30 am and 2:00 pm Removal of signs, City's authority to assess costs and time for enforcement, and rights forfeited Danville 1 per intersection leading to the site 8 (major intersection) 4 (residential street) Prohibited from blocking the path of travel or line of sight. Saturdays, Sundays, and holidays and one agent weekday tour from 10:00 am to sunset. Removal of signs, City's authority to assess costs and time for enforcement 852 853 854 7021 Koll Center Parkway, Pleasanton, CA 94566 925.730.4060 | www.bayeast.org August 7, 2023 Mayor Hernandez and members of the Dublin City Council, I am writing on behalf of the Bay East Association of REALTORS® in support of amendments to the Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs) recommended by the Dublin Planning Commission and City staff. We understand the desire of the City of Dublin to allow real estate professionals to help their clients market homes for sale and guide potential buyers to open houses while also ensuring that real estate directional signs are displayed responsibly and do not create unsafe or unsightly conditions. We appreciate the City of Dublin including our perspective on the development of the amendments you will be considering during your August 15 meeting. We support each of these amendments: •Signs may be displayed Saturdays, Sundays, holidays, and one tour day per week, from 10am to 5:30pm; •Up to six (6) signs may be displayed per property, and a total of eight (8) open house signs will be permitted at major intersections and four (4) signs at other intersections; •Signs will be allowed on sidewalks if they do not impede pedestrians, block the view of traffic, or restrict the sidewalk width to less than 36 inches; •Enforcement rules to allow city staff to issue fines and confiscate illegally-placed signs. Should the City Council approve these amendments, the Bay East Association of REALTORS® will immediately share the new sign requirements with our members via a variety of communication channels. Please contact me directly if you have any questions about our support for these amendments; our plans to share this information with our members; or the important role these signs play in residential real estate transactions. My direct telephone number is: (510)599-1682 or you may reach me via email at stevemedeiros2@gmail.com. Sincerely, Steve Medeiros, 2023 President Bay East Association of REALTORS® Attachment 4 855 Real Estate Directional Signs Municipal Code Amendment City Council Meeting August 15, 2023 856 Background •Real Estate Directional Signs –Temporary signs that advertise an open house for property listed for sale, lease, or rent •California Civil Code 712 and 713 –Allows City to regulate the number of signs, time of display, placement, and manner of placement 857 Real Estate Directional Signs Dublin Municipal Code Section 8.84.140.I •Maximum of 4 open house signs per property •Permitted on Holidays, Saturdays, Sundays and one agent tour per week from 10 AM to Sunset •Maximum of 8 open house signs at any intersection and no more than 1 sign per property 858 Code Enforcement •Concerns •Excessive signage •Signs left out after allowed timeframe •Proactive enforcement on weekends •Courtesy notices •Outreach with Bay East Association of Realtors® 859 Proposed Amendments Allows for 6 directional signs per property Requires a 36” minimum sidewalk clearance Clarify signs are prohibited in the medians Requires signs to be removed by 5:30 PM Clarify City’s code enforcement authority 860 Planning Commission •Recommended the City Council adopt the proposed amendments •Recommended adding a provision for the number of signs on a major intersection and on residential street intersections 861 Recommendation Introduce the ordinance approving amendments to the Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs) 862 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 7.1 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus StudyPrepared by:Jason Earl,Senior Management Analyst EXECUTIVE SUMMARY:The City Council will receive a report on the Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Nexus Study. The City Council will be requested to provide feedback and direction on key policy decisions. This feedback will be used to prepare updates to the Inclusionary Zoning Regulations, Affordable Housing In-Lieu Fee, and Commercial Linkage Fee programs in accordance with the City’s Two-Year Strategic Plan. The updates to these programs will be considered for adoption at a future meeting. STAFF RECOMMENDATION:Receive the report and provide feedback and direction. FINANCIAL IMPACT:The cost for this project will be charged to the City’s Affordable Housing Fund. There are sufficient funds allocated in the Fiscal Year 2023-24 Adopted Budget for this purpose. DESCRIPTION:BackgroundThe City of Dublin Two-Year Strategic Plan includes Strategy 2: Housing Affordability, with the following two specific objectives: Objective 2.b: Ensure the City’s inclusionary zoning regulations incentivize targetedhousing production;and Objective 2.c: Prepare a nexus study to evaluate the affordable housing commercial linkagefee and affordable housing in-lieu fee for for-sale and rental housing. 863 Page 2 of 3 The consulting firm Economic and Planning Systems (EPS) was selected through a competitive process to assist Staff with addressing these Strategic Plan Objectives. The City’s current Inclusionary Zoning Regulations (DMC Chapter 8.68) and Affordable Housing In-Lieu Fee were adopted by the City Council on May 21, 2002 (Ordinance 08-02 and Resolution 56-02 respectively). The Inclusionary Zoning Regulations (IZR) has been amended from time to time, while the In-Lieu Fee is adjusted annually on July 1 based on an inflationary index. The IZR apply to projects with 20 or more units. The City’s current inclusionary requirement is 12.5%, meaning that 12.5% of the units in a market-rate residential project are to be set aside as affordable to lower-income households. A developer may satisfy 40% of this obligation through the payment of in-lieu fees. The current Affordable Housing In-Lieu Fee is $241,131 per affordable unit. The Commercial Linkage Fee was adopted by the City Council on May 03, 2005 (Resolution 70-05) and is adjusted each year by an inflationary index. The current fees are shown in Table 1 below. The Commercial Linkage Fee serves to increase funding for affordable housing due to the nexus between non-residential development and the need it generates for affordable housing. Table 1: Commercial Linkage FeeLand Use Category Commercial Linkage FeeIndustrial$0.65Office$1.68Research & Development $1.09Retail$1.35Services & Accommodations $0.57Staff and the consultant team have reviewed these programs, interviewed market-rate and affordable housing developers who are active in the City and the region, and conducted a survey of the inclusionary requirements, In-Lieu Fees, and Commercial Linkage Fees in other jurisdictions to provide context. Market conditions have changed, and development costs have increased since these programs were initially adopted. As a result, it appears that the inclusionary requirements and the in-lieu fee levels are no longer aligned, and the commercial linkage fees are below what other cities are charging.The City Council will receive a presentation that outlines the findings from this review. The presentation will also highlight how the inclusionary requirement and in-lieu fee programs work from a market and economic perspective, and the implications and tradeoffs of updating these programs. Additionally, the results of the Commercial Linkage Fee nexus analysis, current land use categories, and potential changes to the land use categories will be discussed. This will include a review of the maximum fees that the City could charge, a comparison of fees in peer cities, and a discussion of potential approaches to setting these fees since the nexus-based maximums often exceed what most cities want to charge. The City Council will be requested to provide feedback and direction on key policy decisions. This feedback will be used to prepare updates to the Inclusionary Zoning Regulations, Affordable 864 Page 3 of 3 Housing In-Lieu Fee, and Commercial Linkage Fee programs for future consideration and adoption. ENVIRONMENTAL REVIEW:Receiving this informational report and providing direction is not subject to the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15306 (Information Collection). STRATEGIC PLAN INITIATIVE:Strategy 2: Housing Affordability.Objective 2B: Ensure the City’s inclusionary zoning regulations incentivize targeted housingproduction.Objective 2C: Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:None. 865 Economic & Planning Systems, Inc. The Economics of Land Use 1330 Broadway, Suite 450 Oakland, CA 94612 510.841.9190 www.epsys.com COMMERCIAL LINKAGE FEE NEXUS STUDY UPDATE AND INCLUSIONARY HOUSING PROGRAM UPDATE Prepared for the City of Dublin City Council August 15, 2023 866 Economic & Planning Systems City of Dublin | 1 AGENDA 1)Commercial Linkage Fee –Nexus Overview and Logic –Land Use Categories and Key Assumptions –Maximum Nexus-Based Fee Calculation –Fee Survey –Feedback Requested: Potential Approaches to Setting Fees 2)Inclusionary Housing Requirements and In-Lieu Fee –Changing Market Conditions –Current Inclusionary Program (Ownership & Rental) •Gap Analysis •Developer Subsidy Calculation and Feasibility Assessment •Fee Survey Comparison with Other Jurisdictions –Program Observations –Implications for Update –Feedback Requested: Potential Approaches to Updating Requirements and Tradeoffs 867 COMMERCIAL LINKAGE FEE 868 Economic & Planning Systems City of Dublin | 3 1.How many jobs are generated from the new development? 2.How much do these new employees earn? 3.How many units of employee housing are needed? 4.What is the gap between housing development costs and workforce purchasing power? 5.What commercial linkage fee will fill this gap? COMMERCIAL LINKAGE FEE: KEY QUESTIONS What is the impact of new commercial development on the need for workforce housing? To answer this, we need to know… 869 Economic & Planning Systems City of Dublin | 4 % of Workers Total Employment Sq.Ft. per Total Workers Forming Households per Category Worker per 100k Sq.Ft.Households 100k Sq. Ft. Commercial 472 212 92.3%115 Lodging 3,000 33 98.0%19 Office/R&D 307 326 98.0%188 Industrial 862 116 98.0%67 COMMERCIAL EMPLOYMENT AND HH GENERATION Workers per household with earnings is 1.70 (2017-2021 Census ACS) Household formation rates exclude workers aged 16 – 19 (Bureau of Labor Statistics) 870 Economic & Planning Systems City of Dublin | 5 INCOME DISTRIBUTION OF WORKER HOUSEHOLDS Every occupation in an employment/land use category is assigned an income level and the number of jobs for each occupation in the industry is used to estimate the proportion of worker households in each income category. For example, 87% of worker households in Lodging are classified as Low Income. Very Low Low Moderate Above Moderate 50% AMI 80% AMI 120% AMI >120% AMI Commercial 0.0%90.4%3.5%6.0% Lodging 0.5%87.1%3.0%9.4% Office/R&D 0.0%26.3%14.0%59.7% Industrial 0.0%43.4%36.2%20.4% Income Level [1] Designation of household income assumes a 3-person household and 1.7 workers per household, based on American Community Survey data. Employment Category1 Sources: JobsEQ, 2022; California Housing and Community Development (HCD); Economic & Planning Systems, Inc. 871 Economic & Planning Systems City of Dublin | 6 $170,280 $249,840 $329,700 $599,140 $521,558 $441,998 $362,138 $92,698 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 Very Low Income (50% AMI) Lower Income (60% AMI) Low Income (70% AMI) Moderate Income (110% AMI) Total Supportable Unit Value Affordability Gap Affordability gaps for each income level graphed. The total cost of development is $691,800. GAP ANALYSIS FOR AFFORDABLE UNITS 85 DU/ACRE (1,000 SQ. FT. UNITS), WRAPPED PARKING 872 Economic & Planning Systems City of Dublin | 7 COMMERCIAL MAXIMUM FEE CALCULATION The number of households in each income category is multiplied by the corresponding affordability gap to arrive at the total required subsidy. The total subsidy is divided by the prototypical building square footage (100,000 sq. ft. of development) to calculate the maximum fee per square foot. Adjusted to exclude the 9.4% of workers who both work and live in Dublin (2020 LEHD) Maximum Fee Adjusted Maximum per sq. ft.per sq. ft. Commercial 115 108 $38,033,090 $380 $344 Lodging 19 18 $6,249,035 $62 $57 Office/R&D 188 75 $20,154,873 $202 $183 Industrial 67 53 $12,726,728 $127 $115 Employment Category Total Required Subsidy Total Households Total Households (Up to 120% AMI) 873 Economic & Planning Systems City of Dublin | 8 NEXUS-BASED MAXIMUM VS FEASIBLE FEE LEVELS Nexus results indicate maximum-justifiable fee levels. BUT the nexus results typically cannot reasonably be absorbed by new development. i.e., the maximum-justifiable fee levels would likely render new non- residential development infeasible 874 Economic & Planning Systems City of Dublin | 9 EXAMPLES OF COMMERCIAL LINKAGE FEES IN OTHER CITIES Commercial (Retail)Lodging Office/R&D Industrial Dublin $1.35 $0.57 $1.09-1.68 $0.65 San Ramon $4.32 $4.32 $4.32 $3.24 Danville Pleasanton $5.21 $3.59 $8.68 $14.42 Livermore $2.38 $3.34 $1.53 $0.21-1.52 Fremont $11.33 $11.33 $11.33 $5.67 Hayward Walnut Creek $5.00 $5.00 $5.00 $5.00 Concord no commercial linkage fee program no commercial linkage fee program no commercial linkage fee program Commercial Linkage Fee per Sq. Ft. In Dublin, the current fee represents 4 to 7 percent of the total impact fee burden. –In other Tri-Valley cities, the affordable housing fee burden ranges from 0 (Danville, which has no program) to 46 percent (Pleasanton Industrial). 875 Economic & Planning Systems City of Dublin | 10 POTENTIAL APPROACHES TO SETTING FEES Recommended fee levels are well below supportable maximums. Category Option 1 Option 2 Option 3 $10, level High of $10, tier proportionally Economic development lens Commercial $1.35 $344 $10.00 $10.00 $5.00 Lodging $0.57 $57 $10.00 $1.50 $5.00 Office/R&D $1.09-1.68 $183 $10.00 $5.00 $10.00 Industrial $0.65 $115 $10.00 $3.00 $10.00 Adjusted Maximum Fee per Sq. Ft. Current Fee per Sq. Ft. 876 INCLUSIONARY HOUSING 877 Economic & Planning Systems City of Dublin | 12 CURRENT INCLUSIONARY PROGRAM A developer is seeking to build a 100-unit project in Dublin. 12.5% overall inclusionary requirement •60% Moderate •40% Low OR pay in-lieu fee for up to 40% of inclusionary requirement •Remaining 60% must build 12.5% overall inclusionary requirement •50% Moderate •30% Low •20% Very Low OR pay in-lieu fee for up to 40% of inclusionary requirement •Remaining 60% must build OWNERSHIP (assume single-family detached) RENTAL (assume multi-family) The in-lieu fee as of July 2023 is $241,131 per inclusionary unit. 878 Economic & Planning Systems City of Dublin | 13 MARKET CONDITIONS CHANGE OVER TIME This chart demonstrating price index since 2002 offers a partial explanation as to why in today’s market: (1)higher inclusionary requirements are difficult to meet; (2)in-lieu fees fail to align with the requirement despite inflationary adjustments. -30 -10 10 30 50 70 90 110 130 150 2000 2005 2010 2015 2020 Pr i c e I n d e x Price Index - Construction Costs, Multifamily Rents, Single Family Home Sales Construction Cost Index (ENR)Multi-family Market-Rate/Affordable Rents (Costar)Single Family Home Sales (Zillow) 879 Economic & Planning Systems City of Dublin | 14 The total cost of development is $1,137,288. GAP ANALYSIS FOR MARKET-RATE SINGLE-FAMILY DETACHED 10 DU/ACRE (2,400 SQ. FT. UNITS), 4-BEDROOM $217,100 $353,500 $558,300 $626,600 $920,188 $783,788 $578,988 $510,688 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Very Low Income (50% AMI) Low Income (70% AMI) Median Income (100% AMI) Moderate Income (110% AMI) Supportable Home Price Affordability Gap 880 Economic & Planning Systems City of Dublin | 15 DEVELOPER OPTIONS SINGLE FAMILY DETACHED (OWNERSHIP) Outcome: The total subsidy for Option 2 is less, and therefore preferred by developers. Option 1 Comply with inclusionary requirement Build 12 inclusionary units 5 Low x $783,788 per unit =$3,918,940 7 Moderate x $510,688 per unit =$3,574,816 Total Subsidy $7,493,756 Option 2 Pay in-lieu fee and build minimum inclusionary Build 7 inclusionary units 3 Low x $783,788 per unit =$2,351,364 4 Moderate x $510,688 per unit =$2,042,752 $4,394,116 Pay in-lieu fee on 5 units 5 Units x $241,131 per unit =$1,205,655 Total Subsidy $5,599,771 881 Economic & Planning Systems City of Dublin | 16 The total cost of development is $613,295. GAP ANALYSIS FOR MARKET-RATE MULTI-FAMILY RENTAL 65 DU/ACRE (1,100 SQ. FT. UNITS), 3 TO 5-STORY WRAPPED PARKING $170,280 $376,380 $569,280 $599,140 $443,015 $236,915 $44,015 $14,155 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 Very Low Income (50% AMI) Low Income (80% AMI) Median Income (100% AMI) Moderate Income (110% AMI) Total Supportable Unit Value Affordability Gap 882 Economic & Planning Systems City of Dublin | 17 DEVELOPER OPTIONS MULTIFAMILY (RENTAL) Outcome: The requirement and fee align, but is it feasible? Option 1 Comply with inclusionary requirement Build 12 inclusionary units 4 Very Low x $443,015 per unit =$1,772,060 2 Low x $236,915 per unit =$473,830 6 Moderate x $14,155 per unit =$84,930 Total Subsidy $2,330,820 Option 2 Pay in-lieu fee and build minimum inclusionary Build 7 inclusionary units 2 Very Low x $443,015 per unit =$886,030 1 Low x $236,915 per unit =$236,915 4 Moderate x $14,155 per unit =$56,620 $1,179,565 Pay in-lieu fee on 5 units 5 Units x $241,131 per unit =$1,205,655 Total Subsidy $2,385,220 883 Economic & Planning Systems City of Dublin | 18 FEE SURVEY OF LOCAL JURISDICTIONS SINGLE FAMILY DETACHED (OWNERSHIP) City Overall Inclusionary Requirement Income Targets Project Size Threshold Last Ordinance Update Dublin 12.5%60% Moderate 40% Low 20 units $241,131 per inclusionary unit 2002 Fremont 15%66% Low 33% Moderate All units $44.00 per sq. ft.2021 Concord 10% 6% Moderate Low 5 units $9.00 per sq. ft.2017 San Ramon 10%Moderate 10 units $15.70 per sq. ft.2019 Hayward 10%Moderate 2 units $23.46 per sq. ft.2018 Walnut Creek 10% 7% 6% Moderate Low Very Low All units $21.86 per sq. ft.2017 Livermore 15%50% Moderate 50% Low 11 units $39.94 per sq. ft. (under 11 units) 11+ units must build 2015 Danville 10%Moderate 10 units 2014 Pleasanton 20%Moderate Low Very Low 15 units $50,480 per dwelling unit 2000* In-Lieu Fee market gap calculation 884 Economic & Planning Systems City of Dublin | 19 FEE SURVEY OF LOCAL JURISDICTIONS SINGLE-FAMILY DETACHED (OWNERSHIP) $241,131 * $44 $9 $15.70 $23.46 $21.86 $39.94 $50,480 † 0% 5% 10% 15% 20% 25% Option 1 Option 2 Option 1 Option 2 Option 3 Dublin Fremont Concord San Ramon Hayward Walnut Creek Livermore Danville Pleasanton Moderate Low Very Low * Fee is provided on a per inclusionary unit basis † Fee is provided on a per dwelling unit basis 885 Economic & Planning Systems City of Dublin | 20 FEE SURVEY OF LOCAL JURISDICTIONS MULTIFAMILY (RENTAL) City Overall Inclusionary Requirement Income Targets Project Size Threshold Last Ordinance Update Dublin 12.5%50% Moderate 20% Low 30% Very Low 20 units $241,131 per inclusionary unit 2002 Fremont 10%Low All units $17.50 per sq. ft.2021 Concord 10% 6% Low Very Low 15 units $0.00 per sq. ft.2021 San Ramon 15%50% Low 50% Very Low 5 units $14.63 per sq. ft. (under 10 units) 10+ units must build 2019 Hayward 6%50% Low 50% Very Low 2 units $23.46 per sq. ft.2018 Walnut Creek 10% 6% Low Very Low All units $21.86 per sq. ft.2017 Livermore 15%50% Low 50% Very Low 11 units 2015 Danville 15%Moderate 10 units 2014 Pleasanton 15%Low Very Low 10 units $50,480 per dwelling unit 2000* In-Lieu Fee market gap calculation In-lieu fee N/A; must build 886 Economic & Planning Systems City of Dublin | 21 FEE SURVEY OF LOCAL JURISDICTIONS MULTIFAMILY (RENTAL) $17.50 $0 $21.86 N/A $50,480 † $241,131 * $14.63 $23.46 0% 2% 4% 6% 8% 10% 12% 14% 16% Option 1 Option 2 Option 1 Option 2 Dublin Fremont Concord San Ramon Hayward Walnut Creek Livermore Danville Pleasanton Moderate Low Very Low * Fee is provided on a per inclusionary unit basis † Fee is provided on a per dwelling unit basis 887 Economic & Planning Systems City of Dublin | 22 PROGRAM OBSERVATIONS Working Well Needs Consideration •Clear inclusionary guidelines for developers •Must-build component means that some inclusionary units are still built – no lag or erosion of effectiveness •Program is no longer aligned with market conditions •Current on-site inclusionary for rental product may not demonstrate feasibility 888 Economic & Planning Systems City of Dublin | 23 IMPLICATIONS FOR UPDATE To align the inclusionary program with current market conditions, the City may: Example considerations / tradeoffs: Do nothing Update requirement Raise fee Alter income targets Combination Stick with 12.5% overall on-site Raise the fee or lean towards more Moderate housing; may still pose feasibility challenges on rental side Incorporate Low and Very Low Lower overall on-site requirement Maintain lower in-lieu fee Lower overall on-site requirement Consider which options achieve the City’s affordable housing goals. 889 Economic & Planning Systems City of Dublin | 24 FEEDBACK REQUESTED – COMMERCIAL LINKAGE FEE Potential Approaches to Setting Fees 1.What are the City’s primary objectives for this update? a)Meet Housing Element goals of creating housing for different income levels b)Generate fee revenue to put towards affordable housing c)Encourage nonresidential development in Dublin d)Other? 2.Acknowledging that the nexus-based fee is too high, is there a policy-based “high” fee we can begin to target? •Current fees represent 4 to 7 percent of aggregate fee burden •A “high” of $10 would increase aggregate fee burden share to 27 to 45 percent 3.Is there a preferred approach (e.g., level across land use categories, proportional to nexus, “economic development” lens, other?) 890 Economic & Planning Systems City of Dublin | 25 FEEDBACK REQUESTED – INCLUSIONARY HOUSING/IN-LIEU FEE Potential Approaches to Updating Requirements and Tradeoffs 1.What are the City’s primary objectives for this update? a)Ensure affordable housing is built b)Generate fee revenue to put towards affordable housing c)Ensure feasibility even if it means reducing requirements d)Keep requirements low to encourage market rate development and limit need for negotiated agreements e)Other? 2.Does the current inclusionary requirement (12.5 percent) need modification? a)Ownership? b)Rental? 3.Which income targets should the requirements include? a)Ownership: Low and Mod, all Mod? (Very Low is not recommended) b)Rental: Very Low, Low, and Mod? Some other combination? 4.Does the in-lieu fee need modification? a)Ownership? b)Rental? 5.At what project size should inclusionary requirements kick in? a)Current program = 20 units; commonly observed = 5 to 10 units 891 Economic & Planning Systems City of Dublin | 26 NEXT STEPS Commercial Linkage Fee –Finalize Commercial Linkage Fee Recommendations –Prepare Draft Nexus Study report –Bring back to Council for review (September/October) –Revise Ordinance and bring to Council for adoption (December) Inclusionary Housing –Prepare Draft Feasibility Evaluation –Prepare preliminary Inclusionary Housing Requirement Recommendations and bring back to Council (September/October) –Finalize Inclusionary Housing Requirement Recommendations and update Ordinance and take to Planning Commission for recommendation (October/November) –Bring final recommendations and updated Ordinance to Council for adoption (December) 892 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 8.1 DATE:August 15, 2023 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Introduction of an Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code Prepared by:Felicia Escover, Special Projects Manager EXECUTIVE SUMMARY:The City Council will consider introducing an Ordinance amending the Dublin Municipal Code to reflect new requirements for Massage Establishments operating within the City and to update the Code for clarity and enhanced public safety. STAFF RECOMMENDATION:Waive the reading and INTRODUCE the Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code. FINANCIAL IMPACT:None. DESCRIPTION:City staff and Dublin Police Services (DPS) have worked collaboratively to identify updates to the Dublin Municipal Code Section 4.20 (Massage Establishments and Massage Services) that will create safer massage establishments in the city. The original ordinance was introduced in 1987 and was last updated in 2015 to incorporate new standards such as recognizing the State’s new definition of “certified massage practitioner” pursuant to Section 10.5 (Section 4600 et seq.) of the California Business Professions Code.In recent years, the California Massage Therapy Council (CAMTC), a non-profit responsible for overseeing a state-sanctioned program of certification for massage therapy practitioners, has been working with local government agencies to review local massage establishment ordinances and recommend updates to a city’s municipal code that will help deter human trafficking. 893 Page 2 of 4 The proposed changes to Dublin Municipal Code 4.20 aim to achieve several intended outcomes, including preventing illicit sexual activities, supporting survivors of human trafficking, and ensuring alignment with CAMTC standards and other local government agencies for improved regulation and public safety. Furthermore, these updates intend to support legitimate business owners and practitioners, prevent illicit massage businesses from entering the City, and provide the public with access to healthy and safe massage services while ensuring practitioners are properly trained and certified.The City has worked with CAMTC on a review of the current code and has proposed updates to various sections of Chapter 4.20. These changes can be classified as administrative, minor, and substantial and are outlined below.Proposed Administrative Changes1. Inclusion of additional definitions of terms referenced in the code.2. Removal of outdated references and terms.Proposed Minor Changes1. Inclusion of reference to the City's administrative citations outlined in Section 1.06.2. Addition of a business license requirement.3. Inclusion of language to suspend establishments in violation of California Business and Professional Code Section 4609.4. Replacement of "and" with "or" to allow recourse for any "private" touching.5. Ability to revoke or suspend establishments for labor law violations.6. Requirement for businesses to post a list of services and costs.7. Addition of a provision mandating an active employee roster onsite at all times.8. Clarification that windows cannot be obstructed, even by open blinds.9. Additional details regarding certification requirements, posting, and recertification.10.Mandate to post an original certification certificate.11.Addition of "current" to the photo requirement.12.Clarification of the need to renew massage therapist certificates before expiration, as opposed to every two years.13.Prohibition of false advertising by massage establishments.14.Deletion of the continuing registration requirements in the massage therapist since those are now the owner's responsibility.15.Alignment of the appeals procedure to be consistent with the City’s general appeals procedure.16.Clarification of the hearing procedure for massage establishment permit revocation.Proposed Substantial Changes 1. Removal of exemption allowing students to perform massage services.2. Removal of section allowing students to perform services on the public.3. Introduction of a new section holding owners responsible for violations of the municipal code, including those committed by massage therapists and employees.4. Ability to withhold amendments and renewal until fees are paid and violations are corrected.5. Ability to impose a three-year moratorium on a location where a massage establishment 894 Page 3 of 4 permit was revoked.6. Requirement to amend permit within three business days if information in the application changes.7. Prohibition of reapplications for three years after a permit is revoked.8. Mandatory notification to DPS within three business days in case of A. business closure, B. owner or employee arrests, C. staff resignations, D. violations of laws, and E. suspension of CAMTC certificate.9. Deletion of a section to eliminate certification exemptions.10.Inclusion of a section to hold employees, agents, etc., responsible for meeting the requirements of 4.20 at the discretion of the permit administrator.11.Addition of more specific language to include a wide range of offenses that would render someone ineligible for a permit and denial reasons for massage establishments with revoked or suspended licenses in the past three years.12.Addition of additional application requirements, including a current photo, list of employees, space diagram, owner's CAMTC information, and the need for owners to report and renew massage therapist records.On July 12, 2023, City staff sent a letter to all active massage establishments in Dublin, providing them with information about the proposed changes. The letter included the objectives behind the proposed changes, a summary of the proposed updates, and the date on which the City Council would be considering the item. As of the time of this staff report, Staff had not received any comments.The proposed changes to Dublin Municipal Code 4.20 aim to address various aspects of massage establishment and services regulation. These revisions intend to support legitimate businesses, prevent illicit activities, ensure public safety, and align the code with industry standards and other local agencies. STRATEGIC PLAN INITIATIVE:Strategy 5: Safe and Accessible CommunityObjective E: Support existing and innovative public safety efforts NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted and courtesy notices were mailed to active massage establishments notifying them of the proposed changes. ATTACHMENTS:1) Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code2) Exhibit A to the Ordinance – Chapter 4.20 (Massage Establishments and Massage Services) –Redline Version3) Chapter 4.20 (Massage Establishments and Massage Services) – Clean Version 895 Page 4 of 4 896 Attachment 1 Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 ORDINANCE NO. XX – 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 4.20 (MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES) OF THE DUBLIN MUNICIPAL CODE WHEREAS,City Staff and Dublin Police Services have worked collaboratively to identify updates to the Dublin Municipal Code Section 4.20 (Massage Establishments and Massage Services) that will create safer massage establishments in the city; and WHEREAS,the original ordinance was introduced in 1987 and was last updated in 2015 to incorporate new standards such as recognizing the State’s new definition of “certified massage practitioner” pursuant to Section 10.5 (Section 4600 et seq.) of the California Business Professions Code; and WHEREAS,the California Massage Therapy Council (CAMTC), a non-profit responsible for overseeing a state-sanctioned program of certification for massage therapy practitioners, has been working with local government agencies to review local massage establishment ordinances and recommend updates to a city’s municipal code that will help deter human trafficking; and WHEREAS,the proposed changes to Dublin Municipal Code 4.20 aim to achieve several intended outcomes, including preventing illicit sexual activities, supporting survivors of human trafficking, and ensuring alignment with CAMTC standards and other local government agencies for improved regulation and public safety; and WHEREAS,these updates further intend to support legitimate business owners and practitioners, prevent illicit massage businesses from entering the City, and provide the public with access to healthy and safe massage services while ensuring practitioners are properly trained and certified; and WHEREAS,the City has worked with CAMTC to review the current code and has developed proposed updates to various sections of Chapter 4.20 to promote clarity and public safety; and WHEREAS,the proposed updates to Chapter 4.20 are aligned with the City of Dublin’s Strategic Plan Initiative to support existing public safety efforts. NOW, THEREFORE, the City Council of the City of Dublin does ordain the changes attached hereto as Exhibit A. Section 2.Effective Date.This Ordinance shall take effect and be enforced 30 days following its final adoption. Section 3.Posting.The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 897 Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this ___ day of _____ 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 898 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 1/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Sections: Article I. General Provisions 4.20.010 Definitions. 4.20.020 Exemptions. 4.20.030 Massage performed by students to members of the public. 4.20.030 Owner responsibility. 4.20.040 Violations a misdemeanor and a nuisance. 4.20.041 Violations – Renewal and citation compliance 4.20.045 Violations – moratorium. Article II. Massage Establishments 4.20.050 Permit—Required. 4.20.060 Application procedure and requirements. 4.20.065 Amendments to permit. 4.20.070 City massage establishment permit fee required. 4.20.080 Permit—Issuance or denial. 4.20.090 Permit—Grounds for denial. 4.20.100 Permit—Display requirements. 4.20.110 Revocation or suspension—Reasons. 4.20.120 Revocation or suspension of city massage establishment permit—Hearing procedure. 4.20.125 Denial, suspension and revocation of registration certificates. 4.20.130 Permit nontransferable. 4.20.140 Appeal procedure. 4.20.150 Requirements—Massage establishments. 4.20.160 CAMTC certification required. 4.20.170 Employees—Age requirement. 4.20.180 Daily register required. 4.20.190 Advertising restrictions. 4.20.200 Massage establishment inspections. 4.20.210 Massage by customer prohibited. 4.20.220 Outcall massage services prohibited. 4.20.225 Notifications. Article III. Massage Therapists 4.20.230 City massage therapist registration—Required. 4.20.240 Registration procedure and requirements. 4.20.250 Massage Therapist responsibility. 4.20.250 CAMTC certification—Exceptions. 4.20.260 Continuing registration requirements. * Prior ordinance history: Ords. 2-87, 2-93. Article I. General Provisions 4.20.010 Definitions. Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter. Attachment 2 Exhibit A to the Ordinance 899 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 2/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. “Applicant” means any person who applies for a permit as required by this chapter. “California Massage Therapy Council” or “CAMTC” means the massage therapy organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code. “Certified massage therapist” means a massage therapist certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code. “City massage establishment permit” means a permit issued to a massage establishment by the Permit Administrator in accordance with this chapter. “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. “Employee” means any person, other than a massage therapist, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients. “Fully clothed” means clothes are worn in such a manner that an individual’s genitals, buttocks, and chest is not exposed and all outer garments are of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed. “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. “Massage establishment” means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of “massage” set out in this section. “Massage therapist” means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. “Operator” or “massage establishment operator” means any person who is an owner or manager of a massage establishment. “Outcall massage service” means engaging in or carrying on the practice of massage, not at a fixed location licensed such as a massage establishment, but at a location designated by the permittee, massage therapist, customer or client. “Owner” or “massage establishment owner” means any of the following persons: (1) The sole proprietor of a sole proprietorship operating a massage establishment. (2) Any general partner of a general or limited partnership that owns a massage establishment. (3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment. (4) Any person who is a member of a limited liability company that owns a massage establishment. (5) All owners of any other type of business association that owns a massage establishment. “Patron” means an individual on the premises of a massage establishment for the purpose of receiving massage therapy. “Permit Administrator” means the Chief of Police or his/her designee. 900 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 3/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. “Permittee” means any person operating or maintaining a massage establishment. (Ord. 4-15 § 4 (part)) “School of Massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2. “Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business. 4.20.020 Exemptions. This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license. B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city. C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses. D. Individuals in the city temporarily for educational events. E. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events. F. Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided, that the permittee has first notified the Permit Administrator in writing of the name, residence address, and school of the students and the dates of the trainings. If, however, massage is provided for a fee to members of the public by students enrolled in a school of massage, services must be performed in accordance with Section 4.20.030. (Ord. 4-15 § 4 (part)) 4.20.030 Massage performed by students to members of the public. Any student of a school of massage who performs massage on members of the public for a fee must perform services under the direct supervision of a certified massage therapist. (Ord. 4-15 § 4 (part)) 4.20.030 Owner responsibility. For the purpose of enforcing the requirements of this chapter, the massage establishment owner shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are providing services on behalf of the massage establishment. Pursuant to California Business and Professions Code 4607, the Permit Administrator may discipline an owner or operator of a massage business or establishment ,or an applicant for certification, pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises. 4.20.040 Violations a misdemeanor and a nuisance. Any massage provided or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a misdemeanor and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or state or federal law. (Ord. 4-15 § 4 (part)) Upon determination by the certification officer or any 901 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 4/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an administrative citation that may result in administrative fines in accordance with Chapter 1.06. 4.20.041 Violations – Renewal and citation compliance. In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected. 4.20.045 Violations – Moratorium. A. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Section 4.20.110. Upon issuance of a final order by the Permit Administrator to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so, ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than three years (“the moratorium period”). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the three-year moratorium period shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll. A.B. Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to Section 4.20.110 of this chapter, the Permit Administrator shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is dismissed; or a final determination is made pursuant to that section that the current operator’s massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired. Article II. Massage Establishments 4.20.050 Permit—Required. A. No establishment shall offer massage services without having first obtained a city business license and a city massage establishment permit in accordance with the provisions of this chapter. B. A separate city massage establishment permit must be obtained for each branch location where massage services are carried out. C. The massage establishment permit shall be renewed every two (2) years. (Ord. 4-15 § 4 (part)) 4.20.060 Application procedure and requirements. An application for a massage establishment permit shall be submitted to the Permit Administrator on forms provided by the Permit Administrator. Such forms shall require submission of the following information: A. The proposed name, address, and telephone number of the massage establishment. B. The name and street address and telephone number of the owner(s) on which the massage establishment is operated. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgement from the owner of the property that a massage establishment is located on the property; C. The exact nature of the massage to be administered; D. The massage establishment’s hours of operation; E. A detailed diagram showing the interior floor plan and configuration of the premises; F. The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation; 902 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 5/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. a. For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, a copy of that individual’s current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC-issued identification card. G. The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services. H. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card and: a. All disciplinary action against, suspension, denial, or revocation of a permit or certificate to practice massage, including the agency, date, and reason associated with the action. I. For each owner of the massage establishment, the following information: a. The business, occupation, employment, and residency history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same; b. Height, weight, color of eyes and hair; c. Written proof that the owner(s) is at least eighteen (18) years of age; d. Driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card; e. Two current (2) color portrait photographs of the applicant at least two (2) inches by two (2) inches; f. The massage or similar business license history of the owner; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; g. All criminal convictions except minor traffic violations and any criminal charges pending against the applicant at the time of submission of the application, other than misdemeanor traffic citations, including the name and address of the court in which the charge is pending and any applicable case numbers; h. A statement whether the owner has failed to pay any judgment arising from or connected with the activities that would be authorized by the permit; J. Proof of an unexpired business license or proof of current application for business license in the city; K. Fingerprints of the owner (this is waived for CAMTC-certified owners per Government Code Section 51034 (c)); L. Such other identification and information as deemed necessary by the Permit Administrator; and M. All massage establishments must demonstrate practitioner’s liability insurance coverage in the amount of a minimum of two million dollars ($2,000,000) per event at all times when performing massage activities. The coverage must be held in the name of the massage establishment or each massage therapist authorized to perform massage. (Ord. 4-15 § 4 (part)) A. The exact nature of the massage to be administered, the proposed place of business and facilities therefor, and the name and address of the applicant. The application shall include the name and street address of the owner and 903 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 6/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. lessor of the real property on which the massage establishment is operated. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgement from the owner of the property that a massage establishment is located on the property; B. The two (2) previous addresses immediately prior to the present address of the applicant; C. Written proof that the applicant is at least eighteen (18) years of age; D. Applicant’s height, weight, color of eyes and hair; E. Two (2) color portrait photographs of the applicant at least two (2) inches by two (2) inches; F. Business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of application; G. The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; H. Proof of an unexpired business license or proof of current application for business license in the city; I. All criminal convictions except minor traffic violations and any criminal charges pending against the applicant at the time of submission of the application, other than misdemeanor traffic citations, including the name and address of the court in which the charge is pending and any applicable case numbers; J. Fingerprints of the applicant; K. The driver’s license number of the applicant, including a copy of a driver’s license or other state issued identification card; L. A statement whether the applicant has failed to pay any judgment arising from or connected with the activities that would be authorized by the permit; M. Such other identification and information as deemed necessary by the Permit Administrator; and N. All massage establishments must demonstrate practitioner’s liability insurance coverage in the amount of a minimum of two million dollars ($2,000,000) per event at all times when performing massage activities. The coverage must be held in the name of the massage establishment or massage therapist authorized to perform massage. (Ord. 4-15 § 4 (part)) 4.20.065 Amendments to permit. A. Whenever the information provided in the application for a massage establishment on file with the city changes, the operator shall file an application, provided by the Permit Administrator or his or her designee, to amend the permit to reflect such change within three business days of occurrence. The application shall be accompanied by the fee established by the city’s fee schedule. B. An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required. C. A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 4.20.140. 4.20.070 City massage establishment permit fee required. No city massage establishment permit shall be issued hereunder until the appropriate fee has been paid. The fee for a city massage establishment shall be as established by the City Council by resolution. (Ord. 4-15 § 4 (part)) 4.20.080 Permit—Issuance or denial. The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4.20.090. (Ord. 4-15 § 4 (part)) 4.20.090 Permit—Grounds for denial. The Permit Administrator shall deny the permit if he/she finds: A. That any information contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or 904 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 7/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. B. That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or C. That any person who would be directly engaged in the management and operation of the massage establishment has been convicted of any of the following offenses, found in violation of any of the following codes, or convicted of an offense outside of the state of California that would have constituted any of the following offenses if committed within the state of California: 1. An offense involving the use of force and violence upon the person of another that amounts to a felony. 2. An offense involving sexual misconduct or an offense involving conduct which requires registration under California Penal Code Section 290. 3. An offense as defined in California Penal Code Section 266I, 315, 316, 318 or, 647(b) or 647b 653.23. 4. An offense involving and as said statutes may be amended in the future, theft or fraud related offenses. 5. A conviction , convictions under California Penal Code Section 11225 et seq.-11235 (Red Light Abatement Law) 6. A conviction of a crime , or crimes that are designated in California Government Code Section 51032(b). 7. A conviction of and as that statute may be amended in the future or conviction of any other state or federal offense involving dishonesty, fraud, deceit, violence or moral turpitude or conspiracy to commit any of the offenses designated above. 8. Any offense involving the violation of California Health and Safety Code Sections 11570-11587 (Controlled Substance Abatement). 9. Any violation of California Civil Code Sections 3479 and 3480 (Public Nuisance). Convictions that have been expunged shall also be reported.; or D. That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property; or E. That the proposed name of the business for the establishment suggests that the establishment will offer or practice any service or activities proscribed under the provisions of this chapter. (Ord. 4-15 § 4 (part)) F. The proposed business has had a massage establishment revoked or suspension in the past three years pursuant to Section 4.20.045. 4.20.100 Permit—Display requirements. Every massage establishment permit issued pursuant to the provisions of this chapter shall at all times be displayed in a conspicuous place within the massage establishment. (Ord. 4-15 § 4 (part)) 4.20.110 Revocation or suspension—Reasons. Any city massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred: A. Finding of Violation. The person(s) to whom the city massage establishment permit has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or California Business and Professional Code Section 4609; or B. Prohibited Conduct. The permittee, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 905 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 8/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 316, 318, or 647(b), or 653.22, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or C. Registration under Penal Code Section 290. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code as a result of conduct while working in or for the massage establishment; or D. Nuisance Injunction. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or E. Fraud or Misrepresentation. The permittee or any employee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or F. Operation during Suspension. The permittee has continued to operate the massage establishment after the city massage establishment permit or establishment registration certificate has been suspended; or G. Massage without Certification. Massage has been performed on the premises, with or without the permittee’s actual knowledge, by any person who is not a duly authorized certified massage therapist; or H. Prohibited Acts. There have been one (1) or more acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b), or 653.22 taking place on the premises, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee; or I. Sexual Touching. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, pubic area, anus, and or areola; or J. Negligent Supervision. The permittee failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law; or. (Ord. 4-15 § 4 (part)) K. Labor Violations. The owner or operator failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed. 4.20.120 Revocation or suspension of city massage establishment permit—Hearing procedure. A. Written Notice Required. The Permit Administrator, before revoking or suspending any establishment registration certificate, shall give the permittee at least ten (10) business days’ written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter ofto determine whether the permit or certificate shall be revoked or suspended. The permittee shall be notified of the date of the hearing, and the hearing date shall be conducted at least no sooner than ten (10) business days from the date of the written notice. The written notice which shall be provided in the following manner: 1. Service of Notice and Order. All notices shall be posted on the property and also served upon the record owner and any tenant. A copy of the notice shall also be served on each of the following if known to the Permit Administrator or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance; the owner or holder of any lease; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Permit Administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section. 906 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 9/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 2. Method of Service. Service shall be made upon all persons entitled thereto either personally or by mailing a copy by first class U.S. mail to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the Permit Administrator. If no address of any such person appears or is known to the Permit Administrator, then a copy shall be mailed to the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service shall be effective on the date of the mailing. 3. Proof of Service. At the time of service, each person affecting service shall complete a written declaration under penalty of perjury, which declares the time, date and manner in which service was made. The declaration shall be affixed to the copy of the notice and order retained by the Permit Administrator. B. Hearing. The Permit Administrator may establish reasonable rules and procedures for the conduct of the hearing, provided that such rules satisfy the permittee’s due process rights under the United States and California Constitutions, and such rules need not provide the permittee an opportunity to appear before the Permit Administrator or require an in-person hearing. At the hearing, the Permit Administrator shall consider all evidence submitted at the hearing. The hearing may, after being commenced within the time specified pursuant to subsection A of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended. C. Notice of Decision. The Permit Administrator’s written notice of decision shall be served on the permittee, within thirty (30) business days of the conclusion of the hearing, in the manner provided in subsection (A)(2) of this section, and, in the case of a revocation or suspension, such notice of decision shall indicate the appeal procedures as set forth hereinafter. (Ord. 4-15 § 4 (part)) 4.20.125 Denial, suspension and revocation of registration certificates. No reapplication will be accepted within three years after a certificate is revoked. 4.20.130 Permit nontransferable. No permit issued pursuant to the provisions of this chapter is transferable to any other person or location. (Ord. 4-15 § 4 (part)) 4.20.140 Appeal procedure. An applicant or permittee may appeal any written action or determination of the Permit Administrator under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050 by filing written notice thereof with the City Clerk not later than ninety-six (96) hours after the delivery of any written notice given by the Permit Administrator.. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the City Manager. (Ord. 4-15 § 4 (part)) 4.20.150 Requirements—Massage establishments. A. Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city: 1. No massage establishment shall be open for business between the hours of ten p.m. (10:00 p.m.) of one (1) day and seven a.m. (7:00 a.m.) of the following day. Massage begun any time before ten p.m. (10:00 p.m.) must nevertheless terminate at ten p.m. (10:00 p.m.). The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment. 2. Patrons and visitors shall be permitted in the massage establishment only during the hours of operation. 3. Except for a patron who is inside a room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less thanunless they are fully clothed in outer garments of nontransparent material., or who display or expose themselves in underclothing or similar intimate apparel. 907 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 10/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 4. During the hours of operation, visitors shall not be permitted in massage rooms except as follows: (a) the parents or guardian of a patron who is a minor child may be present in the room with that minor child; (b) the minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and (c) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person. 5. During the hours of operation, patrons shall be permitted in massage rooms only if at least one (1) duly authorized certified massage therapist is present on the premises of the massage establishment. 6. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises, or provided to patrons before services are rendered. The services shall be described in English and may also be described in such other languages as may be convenient. No person employed or retained by the massage establishment shall offer to perform any services or fees other than those posted. 7. For all employees employed or retained by the certified massage establishment who provide massage, the following document shall be available to city staff upon inspection pursuant to Section 4.20.200: a valid permit certificate from the CAMTC. 8. The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter. B. Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city: 1. Front Door and Reception Area. One (1) front door shall be provided for patron entry, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door. 2. Visibility. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, open or closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. 3. Locks. All interior doors, including rooms or cubicles in which massage occurs, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner rooms or cubicles. 4. Lighting. Minimum lighting equivalent to at least one (1) forty (40) watt light shall be provided in each room or cubicle in which massage is provided. 5. Tables, Mats, and Beds. A massage table shall be used for all massage, with the exception of “Thai,” “Shiatsu,” and similar forms of therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen (18) inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes. 6. Lockers. All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons’ valuables, and each patron shall be given control of the key or other means of access. 908 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 11/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 7. Building and Fire Codes. The massage establishment shall comply with all applicable state and local building standards (as adopted in Title 7) and the fire code (as adopted in Title 5). C. Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city: 1. Towels and Linens. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty (140) degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. 2. Cleaning and Disinfecting. All rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use. 3. Liquids, Creams, and Powders. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion. 4. Invasive Procedures. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (a) application of electricity that contracts the muscle; (b) penetration of the skin by metal needles; (c) abrasion of the skin below the nonliving, epidermal layers; (d) removal of skin by means of any razor-edged instrument or other device or tool; (e) use of any needle-like instrument for the purpose of extracting skin blemishes; and (f) other similar procedures. 5. Garments Provided to Patrons. All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be laundered after each use pursuant to subsection (C)(1) of this section. 6. Combs and Brushes. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use. 7. Footwear. No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use. 8. Draping and Contact with Genitals. The patron’s genitals, pubic area, anus, and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage establishment is in the massage therapy room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron. 9. Alcohol. No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment. D. Attire and Hygiene. The following attire and physical hygiene requirements shall be applicable to all employees, and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage: 909 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 12/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 1. Garments. All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed. 2. Exposure. No operator, employee, or visitor shall, while on the premises of a massage establishment, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest. 3. Clean Skin. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present. E. Display of Permits and Certifications. Each person employed or retained to perform massage in or on the premises shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (Ord. 4-15 § 4 (part)) 4.20.160 CAMTC certification required. A. Massage establishments within the city shall only employ CAMTC certified massage therapists. B. An original copy of Ccertification as a certified massage therapist must be conspicuously posted within the massage establishment and the certification must be current for all massage therapists. The certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation. C. The certificate holder shall provide his or her full name and certificate number upon the request of a member of the public, a representative of the city, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation. (Ord. 4-15 § 4 (part)) D. The massage establishment owner/operator shall complete all registration forms provided to him/her by the Permit Administrator for each massage therapist. The owner/operator shall complete applicable forms and submit to the Permit Administrator prior to the expiration of the certification expiration, to demonstrate that the massage therapists providing service on the massage establishment’s behalf have recertified their CAMTC certification. Such forms shall require submission of the following information: 1. The name and residence address of the massage therapist; 2. A copy of their CAMTC ID Card and CAMTC certification; 3. Height, weight, color of eyes and hair; 4. Written proof that the owner(s) is at least eighteen (18) years of age; 5. Two (2) current color portrait photographs of the applicant at least two (2) inches by two (2) inches; 6. The driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card; 7. The full name, street address, and telephone number of all other business premises in which the massage therapist administers massage; 8. If applicable, any other name(s) or nicknames used by the massage therapist; 910 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 13/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 9. Primary language(s), if other than English; and (Ord. 4-15 § 4 (part)) 10. Such other identification and information as deemed necessary by the Permit Administrator. . (Ord. 4-15 § 4 (part)) 4.20.170 Employees—Age requirement. No permittee shall employ either as a massage therapist or other employee any person under the age of eighteen (18) years. (Ord. 4-15 § 4 (part)) 4.20.180 Daily register required. Every permittee shall keep a daily register, approved as to form by the Permit Administrator, of all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the Permit Administrator, and shall be kept on file for one (1) year. (Ord. 4-15 § 4 (part)) 4.20.190 4.20.190 Advertising restrictions. No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in Section 4.20.010 (“massage”), nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 4.20.010 (“massage”). (Ord. 4-15 § 4 (part)) No massage establishment shall falsely state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner. 4.20.200 Massage establishment inspections. A. The Permit Administrator shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with provisions of this chapter. B. The massage establishment shall take immediate action to correct each violation noted by the Permit Administrator. A re-inspection will be performed within thirty (30) business days to ensure that each violation noted by the Permit Administrator has been corrected. (Ord. 4-15 § 4 (part)) 4.20.210 Massage by customer prohibited. No customer or client of a massage establishment shall massage a massage therapist, or any other person within a massage establishment. (Ord. 4-15 § 4 (part)) 4.20.220 Outcall massage services prohibited. No person shall engage in outcall massage services. Outcall massage shall not include massage provided by any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. (Ord. 4-15 § 4 (part)) 4.20.225 Notifications. A massage establishment shall notify the Permit Administrator of any of the following within three business days of the instance: A. Cessation of business as a massage business or massage therapist practicing in the City of Dublin; B. Arrest of any massage establishment owner, therapist, or employee for an offense other than a misdemeanor traffic offense; C. Resignation, termination, or transfer of any massage practitioners employed or hired by the massage establishment; 911 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 14/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. D. Any matter or event involving the massage establishment or massage therapists, employed or working for the massage business that constitutes a violation of this chapter, state or federal law or a violation of any law which would be grounds for denial, suspension, or revocation of a massage establishment permit; E. The denial, suspension, or revocation of a massage business’s employee’s or independent contractor’s certificate issued by CAMTC. Article III. Massage Therapists 4.20.230 City massage therapist registration—Required. Except for any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing) or under the Chiropractic Initiative Act of 1922, no person shall, in or upon any premises in the city, act in the capacity of a massage therapist without first having registered with the Permit Administrator in accordance with the provisions of this chapter. (Ord. 4-15 § 4 (part)) 4.20.240 Registration procedure and requirements. Each massage therapist will adhere to the certification rules and regulations set forth by the CAMTC. Massage therapists must complete all registration forms provided to him/her by the Permit Administrator. Massage therapists shall come into the city every two (2) years to demonstrate that they have recertified their state certification. Such forms shall require submission of the following information: A. The name and residence address of the massage therapist; B. The name and address of the CAMTC certified school attended, the dates attended and a copy of the diploma or certificate of graduation awarded the applicant showing the applicant has completed coursework necessary to achieve CAMTC certification; C. All the information required by Sections 4.20.060(B) through (M) or as set forth on city registration documents; D. The full name, street address, and telephone number of all other business premises in which the massage therapist administers massage; E. If applicable, any other name(s) or nicknames used by the massage therapist; and F. Primary language(s), if other than English. (Ord. 4-15 § 4 (part)) 4.20.250 CAMTC certification—Exceptions. As set forth in Sections 4.20.160 and 4.20.240, only CAMTC certified massage therapists are permitted to register with the city and work at massage establishments. In limited circumstances, a massage therapist without CAMTC certification may practice massage in the city, but only if he or she obtains written permission from the Permit Administrator. Requests must be made in writing and clearly set forth the circumstances surrounding the request. A letter approving or denying such request will be made in writing within thirty (30) days. Decisions are made at the sole discretion of the Permit Administrator, are final, and are not subject to appeal. (Ord. 4-15 § 4 (part)) 4.20.260 Continuing registration requirements. Upon a change in location or premises or addition of premises in which the massage therapist administers massage, the certified therapist shall update his or her registration with the Permit Administrator. (Ord. 4-15 § 4 (part)) 912 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 15/15 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 4.20.250 Massage Therapist responsibility. Individual massage establishment employees, agents, independent contractors, or other representatives providing services on behalf of the massage establishment may also be cited for violations pursuant to this chapter at the discretion of the Permit Administrator. 913 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 1/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Sections: Article I. General Provisions 4.20.010 Definitions. 4.20.020 Exemptions. 4.20.030 Owner responsibility. 4.20.040 Violations a misdemeanor and a nuisance. 4.20.041 Violations – Renewal and citation compliance 4.20.045 Violations – moratorium. Article II. Massage Establishments 4.20.050 Permit—Required. 4.20.060 Application procedure and requirements. 4.20.065 Amendments to permit. 4.20.070 City massage establishment permit fee required. 4.20.080 Permit—Issuance or denial. 4.20.090 Permit—Grounds for denial. 4.20.100 Permit—Display requirements. 4.20.110 Revocation or suspension—Reasons. 4.20.120 Revocation or suspension of city massage establishment permit—Hearing procedure. 4.20.125 Denial, suspension and revocation of registration certificates. 4.20.130 Permit nontransferable. 4.20.140 Appeal procedure. 4.20.150 Requirements—Massage establishments. 4.20.160 CAMTC certification required. 4.20.170 Employees—Age requirement. 4.20.180 Daily register required. 4.20.190 Advertising restrictions. 4.20.200 Massage establishment inspections. 4.20.210 Massage by customer prohibited. 4.20.220 Outcall massage services prohibited. 4.20.225 Notifications. Article III. Massage Therapists 4.20.230 City massage therapist registration—Required. 4.20.240 Registration procedure and requirements. 4.20.250 Massage Therapist responsibility.* Prior ordinance history: Ords. 2-87, 2-93. Article I. General Provisions 4.20.010 Definitions. Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter. “Applicant” means any person who applies for a permit as required by this chapter. “California Massage Therapy Council” or “CAMTC” means the massage therapy organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code. Attachment 3 914 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 2/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. “Certified massage therapist” means a massage therapist certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code. “City massage establishment permit” means a permit issued to a massage establishment by the Permit Administrator in accordance with this chapter. “Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. “Employee” means any person, other than a massage therapist, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients. “Fully clothed” means clothes are worn in such a manner that an individual’s genitals, buttocks, and chest is not exposed and all outer garments are of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed. “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. “Massage establishment” means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of “massage” set out in this section. “Massage therapist” means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined. “Operator” or “massage establishment operator” means any person who is an owner or manager of a massage establishment. “Outcall massage service” means engaging in or carrying on the practice of massage, not at a fixed location licensed such as a massage establishment, but at a location designated by the permittee, massage therapist, customer or client. “Owner” or “massage establishment owner” means any of the following persons: (1) The sole proprietor of a sole proprietorship operating a massage establishment. (2) Any general partner of a general or limited partnership that owns a massage establishment. (3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment. (4) Any person who is a member of a limited liability company that owns a massage establishment. (5) All owners of any other type of business association that owns a massage establishment. “Patron” means an individual on the premises of a massage establishment for the purpose of receiving massage therapy. “Permit Administrator” means the Chief of Police or his/her designee. “Permittee” means any person operating or maintaining a massage establishment. (Ord. 4-15 § 4 (part)) “School of Massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2. 915 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 3/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. “Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business. 4.20.020 Exemptions. This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license. B. Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city. C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses. D. Individuals in the city temporarily for educational events. E. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events. (Ord. 4-15 § 4 (part)) 4.20.030 Owner responsibility. For the purpose of enforcing the requirements of this chapter, the massage establishment owner shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are providing services on behalf of the massage establishment. Pursuant to California Business and Professions Code 4607, the Permit Administrator may discipline an owner or operator of a massage business or establishment ,or an applicant for certification, pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises. 4.20.040 Violations a misdemeanor and a nuisance. Any massage provided or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a misdemeanor and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or state or federal law. (Ord. 4-15 § 4 (part)) Upon determination by the certification officer or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an administrative citation that may result in administrative fines in accordance with Chapter 1.06. 4.20.041 Violations – Renewal and citation compliance. In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected. 4.20.045 Violations – Moratorium. A. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Section 4.20.110. Upon issuance of a final order by the Permit Administrator to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so, ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than three years (“the moratorium period”). If the 916 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 4/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the three-year moratorium period shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll. B. Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to Section 4.20.110 of this chapter, the Permit Administrator shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is dismissed; or a final determination is made pursuant to that section that the current operator’s massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired. Article II. Massage Establishments 4.20.050 Permit—Required. A. No establishment shall offer massage services without having first obtained a city business license and city massage establishment permit in accordance with the provisions of this chapter. B. A separate city massage establishment permit must be obtained for each branch location where massage services are carried out. C. The massage establishment permit shall be renewed every two (2) years. (Ord. 4-15 § 4 (part)) 4.20.060 Application procedure and requirements. An application for a massage establishment permit shall be submitted to the Permit Administrator on forms provided by the Permit Administrator. Such forms shall require submission of the following information: A. The proposed name, address, and telephone number of the massage establishment. B. The name and street address and telephone number of the owner(s) on which the massage establishment is operated. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgement from the owner of the property that a massage establishment is located on the property; C. The exact nature of the massage to be administered; D. The massage establishment’s hours of operation; E. A detailed diagram showing the interior floor plan and configuration of the premises; F. The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation; a. For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, a copy of that individual’s current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC-issued identification card. G. The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services. H. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card and: a. All disciplinary action against, suspension, denial, or revocation of a permit or certificate to practice massage, including the agency, date, and reason associated with the action. 917 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 5/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. I. For each owner of the massage establishment, the following information: a. The business, occupation, employment, and residency history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same; b. Height, weight, color of eyes and hair; c. Written proof that the owner(s) is at least eighteen (18) years of age; d. Driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card; e. Two current (2) color portrait photographs of the applicant at least two (2) inches by two (2) inches; f. The massage or similar business license history of the owner; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation; g. All criminal convictions except minor traffic violations and any criminal charges pending against the applicant at the time of submission of the application, other than misdemeanor traffic citations, including the name and address of the court in which the charge is pending and any applicable case numbers; h. A statement whether the owner has failed to pay any judgment arising from or connected with the activities that would be authorized by the permit; J. Proof of an unexpired business license or proof of current application for business license in the city; K. Fingerprints of the owner (this is waived for CAMTC-certified owners per Government Code Section 51034 (c)); L. Such other identification and information as deemed necessary by the Permit Administrator; and M. All massage establishments must demonstrate practitioner’s liability insurance coverage in the amount of a minimum of two million dollars ($2,000,000) per event at all times when performing massage activities. The coverage must be held in the name of the massage establishment or each massage therapist authorized to perform massage. (Ord. 4-15 § 4 (part)) 4.20.065 Amendments to permit. A. Whenever the information provided in the application for a massage establishment on file with the city changes, the operator shall file an application, provided by the Permit Administrator or his or her designee, to amend the permit to reflect such change within three business days of occurrence. The application shall be accompanied by the fee established by the city’s fee schedule. B. An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required. C. A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 4.20.140. 4.20.070 City massage establishment permit fee required. No city massage establishment permit shall be issued hereunder until the appropriate fee has been paid. The fee for a city massage establishment shall be as established by the City Council by resolution. (Ord. 4-15 § 4 (part)) 918 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 6/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 4.20.080 Permit—Issuance or denial. The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4.20.090. (Ord. 4-15 § 4 (part)) 4.20.090 Permit—Grounds for denial. The Permit Administrator shall deny the permit if he/she finds: A. That any information contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or B. That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or C. That any person who would be directly engaged in the management and operation of the massage establishment has been convicted of any of the following offenses, found in violation of any of the following codes, or convicted of an offense outside of the state of California that would have constituted any of the following offenses if committed within the state of California: 1. An offense involving the use of force and violence upon the person of another that amounts to a felony. 2. An offense involving sexual misconduct or an offense involving conduct which requires registration under California Penal Code Section 290. 3. An offense as defined in California Penal Code Section 266I, 315, 316, 318, 647(b) or 653.23. 4. An offense involving theft or fraud related offenses. 5. A conviction under California Penal Code Section 11225 -11235 (Red Light Abatement Law) 6. A conviction of a crime designated in California Government Code Section 51032(b). 7. A conviction of any other state or federal offense involving dishonesty, fraud, deceit, violence or moral turpitude or conspiracy to commit any of the offenses designated above. 8. Any offense involving the violation of California Health and Safety Code Sections 11570-11587 (Controlled Substance Abatement). 9. Any violation of California Civil Code Sections 3479 and 3480 (Public Nuisance). Convictions that have been expunged shall also be reported. D. That, for any other reason, the operation as proposed would be detrimental to the public peace, health, safety, morals or welfare or to neighboring property; or E. That the proposed name of the business for the establishment suggests that the establishment will offer or practice any service or activities proscribed under the provisions of this chapter. (Ord. 4-15 § 4 (part)) F. The proposed business has had a massage establishment revoked or suspension in the past three years pursuant to Section 4.20.045. 4.20.100 Permit—Display requirements. Every massage establishment permit issued pursuant to the provisions of this chapter shall at all times be displayed in a conspicuous place within the massage establishment. (Ord. 4-15 § 4 (part)) 919 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 7/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 4.20.110 Revocation or suspension—Reasons. Any city massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred: A. Finding of Violation. The person(s) to whom the city massage establishment permit has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or California Business and Professional Code Section 4609; or B. Prohibited Conduct. The permittee, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b), or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or C. Registration under Penal Code Section 290. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code as a result of conduct while working in or for the massage establishment; or D. Nuisance Injunction. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or E. Fraud or Misrepresentation. The permittee or any employee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or F. Operation during Suspension. The permittee has continued to operate the massage establishment after the city massage establishment permit or establishment registration certificate has been suspended; or G. Massage without Certification. Massage has been performed on the premises, with or without the permittee’s actual knowledge, by any person who is not a duly authorized certified massage therapist; or H. Prohibited Acts. There have been one (1) or more acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b) taking place on the premises, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee; or I. Sexual Touching. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, pubic area, anus, or areola; or J. Negligent Supervision. The permittee failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law; or(Ord. 4-15 § 4 (part)) K. Labor Violations. The owner or operator failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed. 4.20.120 Revocation or suspension of city massage establishment permit—Hearing procedure. A. Written Notice Required. The Permit Administrator, before revoking or suspending any establishment registration certificate, shall conduct a hearing to determine whether the permit or certificate shall be revoked or suspended. The permittee shall be notified of the date of the hearing, and the hearing date shall be no sooner than ten (10) business days from the date of the written notice. The written notice shall be provided in the following manner: 920 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 8/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 1. Service of Notice and Order. All notices shall be posted on the property and also served upon the record owner and any tenant. A copy of the notice shall also be served on each of the following if known to the Permit Administrator or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance; the owner or holder of any lease; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Permit Administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section. 2. Method of Service. Service shall be made upon all persons entitled thereto either personally or by mailing a copy by first class U.S. mail to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the Permit Administrator. If no address of any such person appears or is known to the Permit Administrator, then a copy shall be mailed to the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service shall be effective on the date of the mailing. 3. Proof of Service. At the time of service, each person affecting service shall complete a written declaration under penalty of perjury, which declares the time, date and manner in which service was made. The declaration shall be affixed to the copy of the notice and order retained by the Permit Administrator. B. Hearing. The Permit Administrator may establish reasonable rules and procedures for the conduct of the hearing, provided that such rules satisfy the permittee’s due process rights under the United States and California Constitutions, and such rules need not provide the permittee an opportunity to appear before the Permit Administrator or require an in-person hearing. At the hearing, the Permit Administrator shall consider all evidence submitted. The hearing may, after being commenced within the time specified pursuant to subsection A of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended. C. Notice of Decision. The Permit Administrator’s written notice of decision shall be served on the permittee, within thirty (30) business days of the conclusion of the hearing, in the manner provided in subsection (A)(2) of this section, and, in the case of a revocation or suspension, such notice of decision shall indicate the appeal procedures as set forth hereinafter. (Ord. 4-15 § 4 (part)) 4.20.125 Denial, suspension and revocation of registration certificates. No reapplication will be accepted within three years after a certificate is revoked. 4.20.130 Permit nontransferable. No permit issued pursuant to the provisions of this chapter is transferable to any other person or location. (Ord. 4-15 § 4 (part)) 4.20.140 Appeal procedure. An applicant or permittee may appeal any written action or determination of the Permit Administrator under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the City Manager. (Ord. 4-15 § 4 (part)) 4.20.150 Requirements—Massage establishments. A. Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city: 1. No massage establishment shall be open for business between the hours of ten p.m. (10:00 p.m.) of one (1) day and seven a.m. (7:00 a.m.) of the following day. Massage begun any time before ten p.m. (10:00 p.m.) must nevertheless terminate at ten p.m. (10:00 p.m.). The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment. 921 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 9/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 2. Patrons and visitors shall be permitted in the massage establishment only during the hours of operation. 3. Except for a patron who is inside a room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time unless they are fully clothed in garments of nontransparent material. 4. During the hours of operation, visitors shall not be permitted in massage rooms except as follows: (a) the parents or guardian of a patron who is a minor child may be present in the room with that minor child; (b) the minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and (c) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person. 5. During the hours of operation, patrons shall be permitted in massage rooms only if at least one (1) duly authorized certified massage therapist is present on the premises of the massage establishment. 6. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No person employed or retained by the massage establishment shall offer to perform any services or fees other than those posted. 7. For all employees employed or retained by the massage establishment who provide massage, the following document shall be available to city staff upon inspection pursuant to Section 4.20.200: a valid certificate from the CAMTC. 8. The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter.B. Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city: 1. Front Door and Reception Area. One (1) front door shall be provided for patron entry, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door. 2. Visibility. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, open or closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. 3. Locks. All interior doors, including rooms or cubicles in which massage occurs, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner rooms or cubicles. 4. Lighting. Minimum lighting equivalent to at least one (1) forty (40) watt light shall be provided in each room or cubicle in which massage is provided. 5. Tables, Mats, and Beds. A massage table shall be used for all massage, with the exception of “Thai,” “Shiatsu,” and similar forms of therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen (18) inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes. 922 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 10/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 6. Lockers. All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons’ valuables, and each patron shall be given control of the key or other means of access. 7. Building and Fire Codes. The massage establishment shall comply with all applicable state and local building standards (as adopted in Title 7) and the fire code (as adopted in Title 5). C. Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city: 1. Towels and Linens. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty (140) degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. 2. Cleaning and Disinfecting. All rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use. 3. Liquids, Creams, and Powders. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion. 4. Invasive Procedures. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (a) application of electricity that contracts the muscle; (b) penetration of the skin by metal needles; (c) abrasion of the skin below the nonliving, epidermal layers; (d) removal of skin by means of any razor-edged instrument or other device or tool; (e) use of any needle-like instrument for the purpose of extracting skin blemishes; and (f) other similar procedures. 5. Garments Provided to Patrons. All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be laundered after each use pursuant to subsection (C)(1) of this section. 6. Combs and Brushes. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use. 7. Footwear. No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use. 8. Draping and Contact with Genitals. The patron’s genitals, pubic area, anus, and female patron’s breasts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage establishment is in the massage therapy room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron. 9. Alcohol. No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment. 923 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 11/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. D. Attire and Hygiene. The following attire and physical hygiene requirements shall be applicable to all employees, and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage: 1. Garments. All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed. 2. Exposure. No operator, employee, or visitor shall, while on the premises of a massage establishment, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest. 3. Clean Skin. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present. E. Display of Permits and Certifications. Each person employed or retained to perform massage in or on the premises shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (Ord. 4-15 § 4 (part)) 4.20.160 CAMTC certification required. A. Massage establishments within the city shall only employ CAMTC certified massage therapists. B. An original copy of certification as a certified massage therapist must be conspicuously posted within the massage establishment and the certification must be current for all massage therapists. The certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation. C. The certificate holder shall provide his or her full name and certificate number upon the request of a member of the public, a representative of the city, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation. (Ord. 4-15 § 4 (part)) D. The massage establishment owner/operator shall complete all registration forms provided to him/her by the Permit Administrator for each massage therapist. The owner/operator shall complete applicable forms and submit to the Permit Administrator prior to the expiration of the certification expiration, to demonstrate that the massage therapists providing service on the massage establishment’s behalf have recertified their CAMTC certification. Such forms shall require submission of the following information: 1. The name and residence address of the massage therapist; 2. A copy of their CAMTC ID Card and CAMTC certification; 3. Height, weight, color of eyes and hair; 4. Written proof that the owner(s) is at least eighteen (18) years of age; 5. Two (2) current color portrait photographs of the applicant at least two (2) inches by two (2) inches; 6. The driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card; 924 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 12/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. 7. The full name, street address, and telephone number of all other business premises in which the massage therapist administers massage; 8. If applicable, any other name(s) or nicknames used by the massage therapist; 9. Primary language(s), if other than English; and (Ord. 4-15 § 4 (part)) 10. Such other identification and information as deemed necessary by the Permit Administrator. 4.20.170 Employees—Age requirement. No permittee shall employ either as a massage therapist or other employee any person under the age of eighteen (18) years. (Ord. 4-15 § 4 (part)) 4.20.180 Daily register required. Every permittee shall keep a daily register, approved as to form by the Permit Administrator, of all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the Permit Administrator, and shall be kept on file for one (1) year. (Ord. 4-15 § 4 (part)) 4.20.190 Advertising restrictions. No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in Section 4.20.010 (“massage”), nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 4.20.010 (“massage”). (Ord. 4-15 § 4 (part)) No massage establishment shall falsely state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner.4.20.200 Massage establishment inspections. A. The Permit Administrator shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with provisions of this chapter. B. The massage establishment shall take immediate action to correct each violation noted by the Permit Administrator. A re-inspection will be performed within thirty (30) business days to ensure that each violation noted by the Permit Administrator has been corrected. (Ord. 4-15 § 4 (part)) 4.20.210 Massage by customer prohibited. No customer or client of a massage establishment shall massage a massage therapist, or any other person within a massage establishment. (Ord. 4-15 § 4 (part)) 4.20.220 Outcall massage services prohibited. No person shall engage in outcall massage services. Outcall massage shall not include massage provided by any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. (Ord. 4-15 § 4 (part)) 4.20.225 Notifications. A massage establishment shall notify the Permit Administrator of any of the following within three business days of the instance: A. Cessation of business as a massage business or massage therapist practicing in the City of Dublin; B. Arrest of any massage establishment owner, therapist, or employee for an offense other than a misdemeanor traffic offense; 925 Dublin Municipal Code Chapter 4.20 MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES Page 13/13 The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. C. Resignation, termination, or transfer of any massage practitioners employed or hired by the massage establishment; D. Any matter or event involving the massage establishment or massage therapists, employed or working for the massage business that constitutes a violation of this chapter, state or federal law or a violation of any law which would be grounds for denial, suspension, or revocation of a massage establishment permit; E. The denial, suspension, or revocation of a massage business’s employee’s or independent contractor’s certificate issued by CAMTC. Article III. Massage Therapists 4.20.230 City massage therapist registration—Required. Except for any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing) or under the Chiropractic Initiative Act of 1922, no person shall, in or upon any premises in the city, act in the capacity of a massage therapist without first having registered with the Permit Administrator in accordance with the provisions of this chapter. (Ord. 4-15 § 4 (part)) 4.20.240 Registration procedure and requirements. Each massage therapist will adhere to the certification rules and regulations set forth by the CAMTC. 4.20.250 Massage Therapist responsibility. Individual massage establishment employees, agents, independent contractors, or other representatives providing services on behalf of the massage establishment may also be cited for violations pursuant to this chapter at the discretion of the Permit Administrator. 926 August 15, 2023 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the August 15, 2023, Regular City Council meeting agenda packet. Item 8.1 927 Page 1 of 4 Massage Establishment Ordinance Proposed Updates Proposed changes and their origin Proposed Administrative Changes Proposed Change Recommending Entity Inclusion of additional definitions of terms referenced in the code. CAMTC Recommendation Removal of outdated references and terms. CAMTC Recommendation Proposed Minor Changes Proposed Change Recommending Entity Inclusion of reference to the City's administrative citations outlined in Section 1.06. CAMTC Recommendation Addition of a business license requirement. City Recommendation Inclusion of language to suspend establishments in violation of California Business and Professional Code Section 4609. CAMTC Recommendation Replacement of "and" with "or" to allow recourse for any "private" touching. City Attorney Recommendation Ability to revoke or suspend establishments for labor law violations. CAMTC Recommendation Requirement for businesses to post a list of services and costs. CAMTC Recommendation Addition of a provision mandating an active employee roster onsite at all times. City Recommendation Clarification that windows cannot be obstructed, even by open blinds. City Recommendation Additional details regarding certification requirements, posting, and recertification. CAMTC Recommendation Mandate to post an original certification certificate. CAMTC Recommendation Addition of "current" to the photo requirement. City Recommendation Clarification of the need to renew massage therapist certificates before expiration, as opposed to every two years. City Recommendation Prohibition of false advertising by massage establishments. City Attorney Recommendation Deletion of the continuing registration requirements in the massage therapist since those are now the owner's responsibility. City Recommendation Alignment of the appeals procedure to be consistent with the City’s general appeals procedure. City Recommendation Clarification of the hearing procedure for massage establishment permit revocation. City Recommendation SB 343 - Agenda Item 8.1 August 15, 2023 928 Page 2 of 4 Proposed Substantial Changes Proposed Change Recommending Entity Removal of exemption allowing students to perform massage services. CAMTC Recommendation Removal of section allowing students to perform services on the public. CAMTC Recommendation Introduction of a new section holding owners responsible for violations of the municipal code, including those committed by massage therapists and employees. CAMTC Recommendation Ability to withhold amendments and renewal until fees are paid and violations are corrected. CAMTC Recommendation Ability to impose a three-year moratorium on a location where a massage establishment permit was revoked. City Recommendation Requirement to amend permit within three business days if information in the application changes. CAMTC Recommendation Prohibition of reapplications for three years after a permit is revoked. CAMTC Recommendation (1 year reapplication period) City Recommendation – 3 year Mandatory notification to DPS within three business days in case of A. business closure, B. owner or employee arrests, C. staff resignations, D. violations of laws, and E. suspension of CAMTC certificate. CAMTC Recommendation Deletion of a section to eliminate certification exemptions. City Recommendation Inclusion of a section to hold employees, agents, etc., responsible for meeting the requirements of 4.20 at the discretion of the permit administrator. City Recommendation Addition of more specific language to include a wide range of offenses that would render someone ineligible for a permit and denial reasons for massage establishments with revoked or suspended licenses in the past three years. CAMTC Recommendation Addition of additional application requirements, including a current photo, list of employees, space diagram, owner's CAMTC information, and the need for owners to report and renew massage therapist records. City Recommendation 929 Page 3 of 4 Summary of Proposed changes organized by source CAMTC Proposed Administrative Changes Proposed Change Inclusion of additional definitions of terms referenced in the code. Removal of outdated references and terms. Proposed Minor Changes Proposed Change Inclusion of reference to the City's administrative citations outlined in Section 1.06. Inclusion of language to suspend establishments in violation of California Business and Professional Code Section 4609. Ability to revoke or suspend establishments for labor law violations. Requirement for businesses to post a list of services and costs. Additional details regarding certification requirements, posting, and recertification. Mandate to post an original certification certificate. Proposed Substantial Changes Proposed Change Removal of exemption allowing students to perform massage services. Removal of section allowing students to perform services on the public. Introduction of a new section holding owners responsible for violations of the municipal code, including those committed by massage therapists and employees. Ability to withhold amendments and renewal until fees are paid and violations are corrected. Requirement to amend permit within three business days if information in the application changes. Prohibition of reapplications for three years after a permit is revoked. Mandatory notification to DPS within three business days in case of A. business closure, B. owner or employee arrests, C. staff resignations, D. violations of laws, and E. suspension of CAMTC certificate. Addition of more specific language to include a wide range of offenses that would render someone ineligible for a permit and denial reasons for massage establishments with revoked or suspended licenses in the past three years. 930 Page 4 of 4 CITY Proposed Minor Changes Proposed Change Addition of a business license requirement. Replacement of "and" with "or" to allow recourse for any "private" touching. Addition of a provision mandating an active employee roster onsite at all times. Clarification that windows cannot be obstructed, even by open blinds. Addition of "current" to the photo requirement. Clarification of the need to renew massage therapist certificates before expiration, as opposed to every two years. Prohibition of false advertising by massage establishments. Deletion of the continuing registration requirements in the massage therapist since those are now the owner's responsibility. Alignment of the appeals procedure to be consistent with the City’s general appeals procedure. Clarification of the hearing procedure for massage establishment permit revocation. Proposed Substantial Changes Proposed Change Ability to impose a three-year moratorium on a location where a massage establishment permit was revoked. Prohibition of reapplications for three years after a permit is revoked. Deletion of a section to eliminate certification exemptions. Inclusion of a section to hold employees, agents, etc., responsible for meeting the requirements of 4.20 at the discretion of the permit administrator. Addition of additional application requirements, including a current photo, list of employees, space diagram, owner's CAMTC information, and the need for owners to report and renew massage therapist records. 931 Introduction of an Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code City Council Meeting August 15, 2023 932 Background •Chapter 4.20 outlines requirements for Massage Establishments, Services, and Therapists in the City •Introduced in 1987 and last modified in 2015 •Many municipalities have updated their codes within the past few years to help deter human trafficking 933 Partners CAMTC DPS Command Staff & Crime Prevention Unit City Attorney’s Office Economic Development 934 Objectives Prevent illicit sexual activities and aid survivors of human trafficking. Align the code with CAMTC standards and other local government agencies. Support legitimate business owners and practitioners. Prevent illicit massage businesses from entering the city. Provide the public with access to healthy and safe massage services. Ensure practitioners are properly trained and certified. 935 Proposed Changes Administrative Minor Substantial •Additional Definitions •Removal of Outdated References •Deletion and Addition of Sections •New Requirements•Add specificity and clarity 936 Summary of Substantial Changes Removal of Exemptions Removal of the ability for non-certified individuals to perform massage services. Accountability for Owners & Employees Introduction of a new section holding owners responsible for all violations Chapter 4.20. Strengthened Enforcement Measures Ability to withhold amendments and renewal until violations are corrected. Three-year moratorium on a location where a permit was revoked. Prohibition of reapplications for three years after a permit is revoked. Enhanced Ongoing Requirements Mandatory notification to DPS within three business days of pertinent updates. Requirement to amend permit if information in the application changes. Addition of additional application requirements. 937 Current and Future State •18 existing establishments •Inspections occur once a month with possible 30-day reinspection •If the proposed changes are adopted, DPS will continue to inspect and enforce Chapter 4.20 on a regular basis 938 Recommendation •Waive the reading and INTRODUCE the Ordinance Amending Section 4.20 to the Dublin Municipal Code, Related to Massage Establishments and Massage Services. 939