Agenda packet — Dublin City Council, February 6, 2024 (part 1 of 2)

February 06, 2024 Dublin City Council Regular Meeting Agenda 1

COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Dr. Sherry Hu, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Michael McCorriston, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember

Regular of the

DUBLIN CITY COUNCIL

Tuesday, February 6, 2024 Location: City Council Chamber 100 Civic Plaza
Dublin, CA 94568

CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM

Pursuant to Government Code §54953(b), this meeting will include the following two teleconference locations:
• Vice Mayor Hu will be attending the Regular Meeting via teleconference from Sonesta Bee Cave Austin Hill Country – Lobby, 12525 Bee Cave Parkway, Bee Cave, TX 78738 • Councilmember Qaadri will be attending the Regular Meeting via teleconference from Aloft Seaport District Hotel – Business Center, 401-403 D Street, Boston, MA 02210.

The public shall have the opportunity to address the City Council at this teleconference location pursuant to Government Code Section §54954.3. All votes during the teleconference session will be conducted by roll call vote. The teleconference location is accessible to the public and the agenda will be posted at the teleconference location 72 hours before the meeting.

Additional Meeting Procedures

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:

□ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, February 6, 2024. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.

1 February 06, 2024 Dublin City Council Regular Meeting Agenda 2

□ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

□ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.

□ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.

CLOSED SESSION 6:30 PM

I. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: City of Dublin v. Brad Benson Motorsports Corporation, Alameda County Superior Court Case No. 23CV045872

II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION

Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: 1 case

REGULAR MEETING 7:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Recognition of Outgoing Alameda County Undersheriff Richard T. Lucia The City Council will present a commendation to outgoing Alameda County Undersheriff Richard T. Lucia, in appreciation of his dedicated service to the County of Alameda and City of Dublin.

STAFF RECOMMENDATION:

Present the Commendation.

Staff Report
Attachment 1 - Commendation in Recognition of Alameda County Undersheriff Richard T. Lucia

3.2 Employee Introductions
New City of Dublin Staff members, Ken Aiello and Luis Rodriguez, Code Enforcement Officers with the Community Development Department, and Julius Pickney, Management Analyst II with the Public Works Department, will be introduced.

2 February 06, 2024 Dublin City Council Regular Meeting Agenda 3

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

Staff Report

3.3 Introduction of Dublin Police Services Captain Miguel Campos Dublin Police Services Captain Miguel Campos will be introduced to the City Council.

STAFF RECOMMENDATION:

Welcome Dublin Police Services Captain Miguel Campos.

Staff Report

4. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

5. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

5.1 Approval of the January 9, 2024 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the January 9, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the January 9, 2024 Regular City Council Meeting.

Staff Report
Attachment 1 - January 9, 2024 Minutes Regular City Council Meeting Minutes

5.2 Agreement with HireUAVPro.Com, LLC for Drone Light Show Services at the St.

Patrick’s Day Festival
The City Council will consider an agreement with HireUAVPro.Com, LLC for drone light show services to mark the 40th anniversary of the City’s St. Patrick’s Day Festival in March 2024. This would be the second drone show provided by this vendor in Fiscal Year 2023- 24, after the show capping the Splatter 2023 festival.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement for Drone Light Show Services with HireUAVPro.Com, LLC.

Staff Report
Attachment 1 - Resolution Approving an Agreement for Drone Light Show Services with HireUAVPro.Com, LLC
3 February 06, 2024 Dublin City Council Regular Meeting Agenda 4

Attachment 2 - Exhibit A to the Resolution - Agreement for Drone Light Show Services with HireUAVPro.Com, LLC

5.3 Amendments to the Commercial Façade Improvement Grant Program The City Council will consider non-substantive amendments to the Commercial Façade Improvement Grant Program Guidelines to clarify that the installation of non-affixed structures (such as signage) is an eligible use of grant funds and that the program budget should adhere to the limits set during the annual budget process.

STAFF RECOMMENDATION:

Adopt the Resolution Amending the Commercial Façade Improvement Grant Program Guidelines.

Staff Report
Attachment 1 - Resolution Amending the Commercial Façade Improvement Grant Program Guidelines
Attachment 2 - Exhibit A to the Resolution - Commercial Façade Improvement Grant Program Guidelines
Attachment 3 - Commercial Façade Improvement Grant Program Guidelines (Redline Version)

5.4 Declaration of Weeds and Combustible Debris Abatement The City Council will consider declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks, and property with the City of Dublin.

STAFF RECOMMENDATION:

Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; direct staff to notify the public of the adoption of this Resolution; and schedule a public hearing for the April 2, 2024 City Council meeting at which time the City Council will hear and consider objections to this abatement order.

Staff Report
Attachment 1 - Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof

5.5 Amendment to the Agreement with Special Events for Equipment Rentals for City- Produced Events
The City Council will consider approving an amendment to the agreement with Special Events for tents, stages, and other event furniture rentals for City-produced events.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Amendment #1 to the Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events During Fiscal Years 2022-24.

Staff Report
Attachment 1 - Resolution Approving Amendment #1 to the Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events During Fiscal Years 2022-24
Attachment 2 - Exhibit A to the Resolution - Amendment #1 to Contracting Services Agreement with Special Events

4 February 06, 2024 Dublin City Council Regular Meeting Agenda 5

5.6 City Council Participation in the 2024 St. Patrick’s Day Parade The City Council will consider participating in the 2024 St. Patrick’s Day Parade by walking as a group.

STAFF RECOMMENDATION:

Approve the City Council walking in the parade or provide other direction.

Staff Report

5.7 New Capital Improvement Program Project – Irrigation System Upgrades, Approval of Grant Agreement with Zone 7, and Authorization to Purchase Equipment The City Council will consider creating a new Capital Improvement Program project, Irrigation System Upgrades, to improve overall irrigation efficiency in parks, at city facilities, and in street landscaped areas. As part of this action, the City Council will consider approving a grant agreement with Zone 7, authorizing the purchase of irrigation equipment, and approving a budget change.

STAFF RECOMMENDATION:

Take the following actions: 1) Create a new Capital Improvement Program (CIP) Project, Irrigation System Upgrades (CIP No. GI0224); 2) Adopt the Resolution Approving the 2022 Urban Community Drought Relief Local Project Sponsor Agreement with Alameda County Flood Control and Water Conservation District, Zone 7; 3) Adopt the Resolution Authorizing Purchase of Irrigation Controllers from SiteOne Landscape Supply, LLC; and 4) Approve the budget change.

Staff Report
Attachment 1 - Resolution Approving the Urban Community Drought Relief Local Project Sponsor Agreement with Alameda County Flood Control and Water Conservation District, Zone 7
Attachment 2 - Exhibit A to the Resolution - Local Project Sponsor Agreement Attachment 3 - Resolution Authorizing the Purchase of Irrigation Controllers from SiteOne Landscape Supply, LLC
Attachment 4 - Exhibit A to the Resolution - Sourcewell Contract with The Toro Company 031121-TTC
Attachment 5 - CIP No. GI0224 Irrigation System Upgrades Attachment 6 - Budget Change Form for the Irrigation System Upgrades, CIP No. GI0224

5.8 Amendments to Consolidated Impact Fee Administrative Guidelines The City Council will consider amendments to the City’s Consolidated Impact Fee Administrative Guidelines. The Guidelines are used in the administration of impact fees and include a section on the issuance of trip credit associated with unoccupied space that has been vacant for three years or less. Staff is proposing to remove this section, along with other non-substantive changes.

STAFF RECOMMENDATION:

Adopt the Resolution Amending the Consolidated Impact Fee Administrative Guidelines.

Staff Report
Attachment 1 - Resolution Amending the Consolidated Impact Fee Administrative Guidelines
Attachment 2 - Exhibit A to the Resolution - City of Dublin Consolidated Impact Fee Administrative Guidelines
Attachment 3 - City of Dublin Consolidated Impact Fee Administrative Guidelines (Redline Version)

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5.9 Small Business Assistance Grant Program Agreement with International Brotherhood of Electrical Workers Local Union 595
The City Council will consider approving a Small Business Assistance Grant Program Agreement with International Brotherhood of Electrical Workers Local Union 595 for their property on Village Parkway. The business has requested participation in the program to assist with improvements to the site’s accessibility, trash enclosures, and building energy efficiency.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Small Business Assistance Grant Program Agreement with the International Brotherhood of Electrical Workers Local Union 595.

Staff Report
Attachment 1 - Resolution Approving a Small Business Assistance Grant Program Agreement with the International Brotherhood of Electrical Workers Local Union 595 Attachment 2 - Exhibit A to the Resolution - Small Business Assistance Grant Program Agreement

6. PUBLIC HEARING – None.

7. UNFINISHED BUSINESS – None.

8. NEW BUSINESS

8.1 2024 Draft City of Dublin Legislative Platform
The City Council will receive a report on the draft 2024 Legislative Platform, which guides the City’s response to potential and pending legislation, policies, programs, ballot measures, mandates, and budgets at all levels of government, and will provide direction to City Staff.

STAFF RECOMMENDATION:

Receive the report and provide direction.

Staff Report
Attachment 1 - Draft 2024 Legislative Platform (Redlined) Item 8.1 - PowerPoint Presentation

9. CITY MANAGER AND CITY COUNCIL REPORTS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT

This AGENDA is posted in accordance with Government Code Section 54954.2(a)

If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility. 6 February 06, 2024 Dublin City Council Regular Meeting Agenda 7

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.

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Agenda Item 3.1
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Recognition of Outgoing Alameda County Undersheriff Richard T. Lucia Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:

The City Council will present a commendation to outgoing Alameda County Undersheriff Richard T. Lucia, in appreciation of his dedicated service to the County of Alameda and City of Dublin.

STAFF RECOMMENDATION:

Present the Commendation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Alameda County Undersheriff Richard T. Lucia started his career in law enforcement in 1969. His service with Alameda County Sheriff’s Office (ACSO) began in 1995, and he was promoted to Undersheriff by Sheriff Charles C. Plummer in 2006.

Undersheriff Lucia was actively involved in the development and implementation of programs that have been beneficial to the residents of Alameda County, including the Youth and Family Services Bureau, “Avoid the 21” D.U.I. campaigns, and Social Services Police Services. He also helped establish the Tri-Valley substation through the support of Supervisor Haggerty, the County Administrator, and Citizens’ Option for Public Safety (COPS) grants.

Undersheriff Lucia founded ACSO’s motorcycle unit through grants and by resolving California Highway Patrol (CHP) issues with Sheriff Plummer, which resulted in the opening of the CHP’s Castro Valley office. He was also a founding member of the Urban Area Security Initiative (UASI) and BayRics multi-county data interoperability, pioneering the radio interoperability (EBRCSA) system for 40 agencies in the Counties of Alameda and Contra Costa. 8

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The City of Dublin recognizes and commends Undersheriff Lucia for the quality services he provided throughout his career to help keep the community safe for everyone.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Commendation in Recognition of Alameda County Undersheriff Richard T. Lucia 9 Attachment 1

A COMMENDATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
Alameda County Undersheriff Richard T. Lucia
WHEREAS, Undersheriff Richard T. Lucia began working in law enforcement in 1969, started his career with the Alameda County Sheriff’s Office in 1995, and was promoted to Undersheriff by Sheriff Charles C. Plummer in 2006; and WHEREAS, Undersheriff Lucia increased sworn staff by 200 and professional staff by 125, facilitated a retirement plan for sworn staff through MOU negotiations, and authored the Senate bill which authorized the benefit through ACERA; and WHEREAS, Undersheriff Lucia has been actively involved in the development and implementation of programs that have been beneficial to the residents of Alameda County, including the Youth and Family Services Bureau, “Avoid the 21” D.U.I. campaigns, and Social Services Police Services, and he was essential in the creation and funding of the Tr-Valley substation through working with Supervisor Haggerty, the County Administrator, and the Citizens’ Option for Public Safety Program; and
WHEREAS, Undersheriff Lucia established the motorcycle unit through grants and by resolving California Highway Patrol (CHP) issues with Sheriff Plummer, resulting in the CHP’sCastro Valley office. Undersheriff Lucia also created the existing Beat and Sector system, which increased staffi ng and implemented 12- hour shifts at Eden Township Station; and
WHEREAS, Undersheriff Lucia negotiated with the Port of Oakland and Oakland Police Department to create Airport Police Services; and WHEREAS, Undersheriff Lucia was a founding member of the Urban Area Security Initiative (UASI) and the BayRics multi -county data interoperability, pioneering the system, which became the multiple countywide radio interoperability (EBRCSA) system; and WHEREAS, the City of Dublin applauds Undersheriff Lucia’s im pactful work, providing quality services to keep the communities of Alameda County, and particularly the City of Dublin, safe.

NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby commend Undersheriff Richard T. Lucia on this 6th day of February 2024, for more than 50 years in law enforcement and 29 years of service in Dublin with the Alameda County Sheriff’s Department.

DATED: February 6, 2024

Mayor Melissa Hernandez Vice Mayor Sherry Hu
_______
Councilmember Jean Josey Councilmember Michael McCorriston Councilmember Kashef Qaadri 10 STAFF REPORT

CITY COUNCIL

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Agenda Item 3.2
DATE: February 6, 2024
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, Ken Aiello and Luis Rodriguez, Code Enforcement Officers with the Community Development Department, and Julius Pickney, Management Analyst II with the Public Works Department, will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

FINANCIAL IMPACT:

None.

DESCRIPTION:

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
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Agenda Item 3.3
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Introduction of Dublin Police Services Captain Miguel Campos Prepared by: Nate Schmidt, Chief of Police
EXECUTIVE SUMMARY:

Dublin Police Services Captain Miguel Campos will be introduced to the City Council.

STAFF RECOMMENDATION:

Welcome Dublin Police Services Captain Miguel Campos.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Captain Miguel Campos, who began working for Dublin Police Services on January 22, 2024, will be introduced to the City Council. Captain Campos comes to us with more than 18 years of experience with the Alameda County Sheriff’s Office, including six years with Dublin as a Patrol Officer and Detective.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
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Agenda Item 5.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the January 9, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the January 9, 2024 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the January 9, 2024 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) January 9, 2024 Regular City Council Meeting Minutes DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of January 9, 2024 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
13 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: January 9, 2024

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
JANUARY 9, 2024
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, January 9, 2024, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER
Attendee Name Status
Melissa Hernandez, Mayor Present
Dr. Sherry Hu, Vice Mayor Present
Jean Josey, Councilmember Present
Michael McCorriston, Councilmember Present
Kashef Qaadri, Councilmember Present
2) PLEDGE OF ALLEGIANCE
3) PRESENTATIONS AND PROCLAMATIONS

3.1) Recognition of Centenarian Zainul Abedin Syed
The City Council presented a certificate to Centenarian Zainul Abedin Syed.

3.2) 2023 Sponsor Recognition
The City Council recognized sponsors who contributed to City events, programs, and facilities in 2023.

3.3) Recognition of the 2023 “Deck the Homes” Holiday Home Decorating Contest Winners
The City Council presented Certificates of Recognition to the 2023 “Deck the Homes” Holiday Home Decorating Contest winners.

Attachment 1
14 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
JANUARY 9, 2024
4) PUBLIC COMMENT
No public comment.
5) CONSENT CALENDAR

5.1) Approved the December 19, 2023, Regular City Council Meeting Minutes.

5.2) Accepted the Official List of Proclamations and approved the Annual Proclamation.

5.3) Confirmed the Mayor’s appointments of Darren Phillips to the Heritage and Cultural Arts Commission for the remainder of a term ending December 2026 and Eric Nielsen as an alternate on the Parks and Community Services Commission for the remainder of a term ending December 2024.

5.4) Adopted Resolution No. 01-24 titled, “Approving in its Entirety Volume I and the Relevant Portions of Volume II Including the Introduction, City of Dublin Annex, and Appendices of the Tri-Valley Hazard Mitigation Plan.”

5.5) Approved the Heritage and Cultural Arts Commission’s recommendations for the 2024 Storm Drain Art Program.

5.6) Adopted Resolution No. 02-24 titled, “Approving Change Order No. 2 to the Amended and Restated Energy Services Contract for Operations and Maintenance with Engie Services U.S. Inc.,” and approved the budget change.

On a motion by Councilmember Josey, seconded by Vice Mayor Hu, and by unanimous vote, the City Council adopted the Consent Calendar.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
6) PUBLIC HEARING

6.1) Amendment to the Dublin Municipal Code Inclusionary Zoning Regulations (Chapter 8.68), Adopting a Methodology for Determining Affordable Housing In-Lieu Fees and Adopting Non-Residential Development Affordable Housing Impact Fees (PLPA-2023-00032)
The City Council received a presentation on the Inclusionary Zoning Regulations (Dublin Municipal Code Chapter 8.68), Affordable Housing In-Lieu Fee, and Non-Residential Development Affordable Housing Impact Fee (aka “Commercial Linkage Fee”) updates. 15 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
JANUARY 9, 2024
Mayor Hernandez opened the Public Hearing.

Tom Evans provided public comment.

Mayor Hernandez closed the Public Hearing.

The City Council continued the public hearing to a date uncertain.

6.2) Downtown Dublin Specific Plan Amendments – Parking Requirements (PLPA-2023-00019)
The City Council received a presentation regarding proposed amendments to the Downtown Dublin Specific Plan to eliminate parking requirements in the Downtown.

Mayor Hernandez opened the Public Hearing.

Tom Evans provided public comment.

Mayor Hernandez closed the Public Hearing.

On a motion by Councilmember Josey, seconded by Councilmember McCorriston, and by 4- to-1 vote, the City Council adopted resolution No. 03-24 titled, “Amending the Downtown Dublin Specific Plan to Eliminate Parking Requirements in the Retail District, Transit- Oriented District, and Village Parkway District PLPA-2023-00019.” RESULT: ADOPTED [4-to-1 VOTE]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Councilmember
AYES: Hernandez, McCorriston, Josey, Qaadri
NOES: Hu
Mayor Hernandez called for a break at 9:02 PM.

Mayor Hernandez reconvened the meeting at 9:12 PM.
7) UNFINISHED BUSINESS

7.1) Climate Action Plan 2030 and Beyond Implementation Status Report The City Council received a presentation on the implementation status of Climate Action Plan 2030 and Beyond and associated greenhouse gas emissions reductions achieved through calendar year 2022.
16 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
JANUARY 9, 2024
8) NEW BUSINESS

8.1) 2022-2027 Capital Improvement Program – Project Status Report The City Council received a presentation on the status of current Capital Improvement Program projects.

By consensus, the City Council directed Staff to add a marquee sign at Emerald Glen Park to the Marquee Signs CIP project.

8.2) Disaster Preparedness Activities Update
The City Council received a presentation on the City’s current and planned emergency management and disaster preparedness activities including preparation of the Tri-Valley Hazard Mitigation Plan.
9) CITY MANAGER AND CITY COUNCIL REPORTS
The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234). 10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 10:25 PM.

Mayor
ATTEST:

City Clerk
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Agenda Item 5.2
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, Assistant City Manager
SUBJECT: Agreement with HireUAVPro.Com, LLC for Drone Light Show Services at the St. Patrick’s Day Festival
Prepared by: Shaun Chilkotowsky, Parks & Community Services Manager EXECUTIVE SUMMARY:

The City Council will consider an agreement with HireUAVPro.Com, LLC for drone light show services to mark the 40th anniversary of the City’s St. Patrick’s Day Festival in March 2024. This would be the second drone show provided by this vendor in Fiscal Year 2023-24, after the show capping the Splatter 2023 festival.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement for Drone Light Show Services with HireUAVPro.Com, LLC.

FINANCIAL IMPACT:

The Fiscal Year 2023-24 Budget included $45,000 for drone show services. One drone show, provided by HireUAVPro.Com, LLC, was incorporated into the 2023 Splatter Festival at a cost of $27,500. In celebration of the 40th year of the St. Patrick’s Day Festival in 2024, a second drone show with the same vendor is being planned, pushing the total compensation to HireUAVPro.Com to $55,000, which is $10,000 over the City Manager’s $45,000 approval threshold. This difference can be absorbed in the Fiscal Year 2023-24 Budget.

DESCRIPTION:

Background
Drone light shows are illuminated, synchronized, and choreographed groups of drones arranged into various aerial formations and patterns in the sky. Drone light shows are an alternative to traditional fireworks, offering significantly less risk of fire, property damage, or injury and reducing environmental impacts. Beginning in 2021, the City has incorporated a drone show into the Splatter Festival at the end of summer.
2024 St. Patrick’s Day Festival
An evening drone light show is being planned to celebrate the 40th anniversary of the St. Patrick’s 18

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Day Festival. On Saturday, March 16, 2024, the festival will have extended hours of entertainment, the food court, and the carnival. Typically ending at 5:00 pm, the event will instead run until 8:00 pm and culminate with a St.-Pat’s-themed drone light show. The festival will return to regular hours, 10:00 am - 5:00 pm, on Sunday.

Procurement
In spring 2023, Staff solicited bids from drone light show providers to ensure fair and competitive pricing. The following five bids were received for a 200-drone light show:

Table 1: Drone Light Show Pricing
Vendor Cost Per 200-Drone Light Show
Sky Element Drones $35,000
Pixis Drone Shows $34,000
Open Sky Drone Light Shows $32,500
Drone Studios $30,000
HireUAVPro.Com, LLC $27,500
Staff recommends selecting HireUAVPro.Com’s proposal based on their low bid and successful track record operating drone light shows for the City. While the cost of drones at the St. Patrick’s Day Festival is within the City Manager’s signing authority, the total spent with HireUAVPro.Com will exceed $45,000 in the fiscal year, as they provided the drone show at Splatter 2023.

Accordingly, the contract requires City Council approval.

Staff plans to request bids again in May for a drone show at Splatter 2024. Since first incorporating a drone show into the Splatter 2021 event, technology enhancements as well as the addition of more vendors providing drone light show services, have resulted in reduced pricing. Staff anticipates this cost will continue to decrease while eventually flattening out.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement for Drone Light Show Services with HireUAVPro.Com, LLC 2) Exhibit A to the Resolution - Agreement for Drone Light Show Services with HireUAVPro.Com, LLC
19 Attachment 1
Reso. No. XX-24, Item 5.2, Adopted 02/06/2024 Page 1 of 2 RESOLUTION NO. xx – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT FOR DRONE LIGHT SHOW SERVICES WITH HIREUAVPRO.COM, LLC
WHEREAS, the City has incorporated drone light shows into the annual Splatter festival since 2021; and
WHEREAS, in celebration of the 40 th anniversary of the St. Patrick’s Day festival in March 2024, Staff desires to incorporate a drone light show into the event; and WHEREAS, in the Fiscal Year 2023-24 Adopted Budget, funding was included for drone light show services; and
WHEREAS, in spring 2023, bids were solicited for drone light show services with five bids received; and
WHEREAS, HireUAVPro.Com, LLC’s bid of $27,500 was the lowest bid received and HireUAVPro.Com LLC has demonstrated the ability to successfully provide drone light shows for the City; and
WHEREAS, the City’s Municipal Code requires City Council approval of, and a competitive bidding process conducted for, purchases greater than $45,000; and WHEREAS, HireUAVPro.Com, LLC provided a drone light show at the City’s Splatter 2023 festival, at a cost of $27,500; therefore with approval of this agreement, the total spent on this vendor would be $55,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve the Agreement between the City of Dublin and HireUAVPro.Com, LLC, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Agreement between the City of Dublin and HireUAVPro.Com, LLC, attached hereto as Exhibit A, and make any necessary non-substantive changes to carry out the intent of this Resolution. {Signatures on the Following Page}
20 Attachment 1
Reso. No. XX-24, Item 5.2, Adopted 02/06/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
HIREUAVPRO.COM, LLC
TH
IS AGREEMENT for Drone Show services is made by and between the City of Dublin (“City”) and HireUAVPro.Com, LLC (“Contractor”) (together sometimes referred to as the “Parties”) as of February 6, 2024 (the “Effective Date”).

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

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

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

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

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

1.5 Intentionally Deleted.

1.6 In
tentionally Deleted.

Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $27,500, notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
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Agreement and Contractor’s proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

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

2.1 In
tentionally Deleted .

2.2 In tentionally Deleted .

2.3 In
tentionally Deleted .

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

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

2.5 In
tentionally Deleted .

2.6 In
tentionally Deleted .

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

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

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

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2.10 In tentionally Deleted .

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

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

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

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

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

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

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

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

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CONTRACTOR IS ADVISED THAT CITY’S OPERATIONS AND PROPERTY ARE

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

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

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

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

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

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

Section 4.

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

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

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

4.1 W orkers’ Compensation .

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

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

4.1.2 S ubmittal Requirements . To comply with Subsection 4.1, Contractor shall submit the following:

a. C
ertificate of Workers’ Compensation Insurance in the amounts specified in the section; and

b. Waiver of Subrogation Endorsement as required by the section.

4.2 C ommercial General and Automobile Liability Insurance .

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

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

4.2.3 A dditional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. T
he Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.

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c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

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

4.2.4 S
ubmittal Requirements . To comply with Subsection 4.2, Contractor shall submit the following:

a. C
ertificate of Liability Insurance in the amounts specified in the section;

b. Additional Insured Endorsement as required by the section;

c. Waiver of Subrogation Endorsement as required by the section; and

d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

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

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

4.3.3 D
eductibles and Self -Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
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satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

4.3 .6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

 O
btain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

 Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or

 Terminate this Agreement.

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

T
he Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
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disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

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

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

Section 6.

STATUS OF CONTRACTOR.

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

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

Section 7.

LEGAL REQUIREMENTS.

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

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

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

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

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

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

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

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

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

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

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

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

8. 6.1 Immediately terminate the Agreement;

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

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

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

Section 9. KE
EPING AND STATUS OF RECORDS.

9.1 R ecords Created as Part of Contractor ’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
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Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

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

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

Section 10.

MISCELLANEOUS PROVISIONS.

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

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

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

10.4 N
o Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

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

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

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

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

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

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

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

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

Graham Hill
HireUAVPro.Com, LLC
621 Kalamath Street
Denver, CO 80204

Any written notice to City shall be sent to:

City of Dublin
Attn: Parks & Community Services Director
100 Civic Plaza
Dublin, CA 94568

DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
33 Services Agreement between February 6, 2024
City of Dublin and HireUAVPro.Com, LLC Page 13 of 14

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

Exhibit A S cope of Services
Exhibit B Compensation Schedule

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

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

IGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
34 Services Agreement between February 6, 2024
City of Dublin and HireUAVPro.Com, LLC Page 14 of 14
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

TY OF DUBLIN HIREUAVPRO
G raham Hill Colleen Tribby, Assistant City Manager
Attest:

C ontractor’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
A
pproved as to Form:

City Attorney
3070365.1
DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
35 Services Agreement between February 6, 2024
City of Dublin and HireUAVPro.Com, LLC Exhibit A – Page 1 of 2

EXHIBIT A

SCOPE OF SERVICES

1. Description of Services & Contractor Responsibilities:

a. Subject to the terms of this Agreement Contractor will provide the following services:

(i) Date of Drone Show: Saturday, March 16, 2024

(ii) Drone Show with pre-approved show theme/design; minimum 200 drones

(iii) Duration of Show: 10-12 minutes

b. The Company will be responsible for providing the Special Flight Operations Certificate from the FAA and any other necessary flight authorizations, if required (the “ Company Permits ”). All permits licenses and authorizations other than the Company Permits will be the sole responsibility of the Client.

2. City Responsibilities:

a. The City shall be responsible to provide the following:

(i) permission in writing to use the property, in such form as the Contractor may require, in order to obtain the Company Permits and for event coordination, which must be provided at least fifteen (15) days prior to the scheduled event date;

(ii) an appropriate site for the Services to be performed. Approval and confirmation of the Latitude and Longitude for the event site must be confirmed by the Client in writing upon signing this Agreement, as the site location and characteristics may influence the design and performance of the Services;

(iii) all necessary security services; and

(iv) all permits, licenses and authorizations necessary for the event and Services except for the Company Permits.

3. Additional Provisions

a. The City will approve all renderings at least two weeks prior to show date, at which approval is final and binding and the Contractor will perform the show as presented. b. The City accepts that drone count is based on artwork provided, and is not an indicator of the exact drones used in flight. Drone design is calculated by algorithm and upholds safety in design with respect to drone proximity. Drone performances may vary by up to 10% in drone count from the "minimum" drone count.

c. The City accepts GPS/RTK positioning can be affected by a number of environmental factors DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
36 Services Agreement between February 6, 2024
City of Dublin and HireUAVPro.Com, LLC Exhibit A – Page 2 of 2 out of Contractors control, including but not limited to: wind, wind gusts, heat, cold, altitude, solar flare activity, interference, obstructions by building, landscape, trees.

d. The City accepts that Contractor command area of the drone show is off-limits to all personnel other than the pilot and co-pilot, and access will not be granted under any circumstance.

e. The City accepts that musical accompaniment played or operated by the City may not be to the exact time basis as Contractors drone show. The City accepts that if music is to be played, that any lags, off-timings, or missed cues are the sole responsibility of the City.

f. The City accepts that any footage OTHER THAN a single drone perspective of the drone show (only where available based on airspace restriction) is not made available to the City in any form other than Contractor’s marketing video.

DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
37 Services Agreement between February 6, 2024
City of Dublin and HireUAVPro.Com, LLC Exhibit B – Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE

Description Cost
10–12 minute Drone Show with pre-approved
theme/design and 200 drones.
$27,500
DocuSign Envelope ID: 9EAC4776-2EE7-42F6-B9AC-B34449A46A68 Attachment 2
38 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.3
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendments to the Commercial Façade Improvement Grant Program Prepared by: Felicia Escover, Special Projects Manager
EXECUTIVE SUMMARY:

The City Council will consider non-substantive amendments to the Commercial Façade Improvement Grant Program Guidelines to clarify that the installation of non-affixed structures (such as signage) is an eligible use of grant funds and that the program budget should adhere to the limits set during the annual budget process.

STAFF RECOMMENDATION:

Adopt the Resolution Amending the Commercial Façade Improvement Grant Program Guidelines.

FINANCIAL IMPACT:

None.

DESCRIPTION:

In December 2011, the City Council adopted the Commercial Façade Improvement Grant Program as an incentive offered to Dublin businesses and property owners. Through the Program, the City seeks to improve the physical appearance of Downtown Dublin and a portion of Dublin Boulevard.

These geographic areas were selected since they consist of a large, highly visible portion of the older building inventory in Dublin. This Program is designed to encourage the retention and attraction of businesses, as well as increase property values, tenant stability, and lease rates for the property.

The Program permits commercial property owners or tenant exceeds long-term leases to apply for either: 1) a mini-grant for reimbursement of up to $5,000; or 2) a matching grant, which would provide reimbursement for two-thirds (66%) of eligible project costs, up to a maximum determined by the Fiscal Year budget cycle annually with a requirement that the total cost of the improvement work exceed $5,000. Receipt of a matching grant requires the approved applicant to 39

Page 2 of 2 ends

contribute a minimum of one-third of the total cost of the façade improvement costs. Approved applicants are also eligible to receive 10 hours of free architectural design services.

In 2016, the Program underwent several amendments, including an increase in the provided architectural assistance from five hours to 10 hours. Since the last revision, City staff have identified non-substantive edits aimed at further clarifying the Program guidelines. These edits involve specifically stating the installation of non-affixed structures (such as signage) is an eligible use, aligning with the Program’s original intent. The edits further clarify that the program budget should adhere to the limits set during the annual budget process, ensuring it does not exceed the maximum amount established within the Fiscal Year budget cycle, consistent with the program's original intention when it was created in 2011.

Economic Development Committee Consideration
On December 19, 2023, the City Council’s Economic Development Committee reviewed and discussed the proposed changes and by consensus, recommended City Council approval of the revised guidelines. This recommendation falls under the Committee’s purview to provide policy guidance and direction on economic development activities. The Economic Development Committee selects grant awardees on a first-come, first-served basis and makes a recommendation to the City Council for approval.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Amending the Commercial Façade Improvement Grant Program Guidelines 2) Exhibit A to the Resolution – Commercial Façade Improvement Grant Program Guidelines (Clean Version)
3) Commercial Façade Improvement Grant Program Guidelines (Redline Version) 40 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
AMENDING THE COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM

GUIDELINES
WHEREAS, the City Council has identified economic development as a priority in the City of Dublin’s Strategic Plan; and
WHEREAS, on December 20, 2011, the Dublin City Council enacted Resolution 216-11 to establish the Commercial Façade Improvement Grant Program (Program) and subsequently revised the Program on June 21, 2016 through Resolution 103-16; and WHEREAS, the Program extends an opportunity to commercial property owners or long- term lease tenants to seek reimbursement for specific improvements to commercial building facades within the Downtown Dublin Specific Plan area and the stretch of Dublin Boulevard between Village Parkway and Dougherty Road; and
WHEREAS, the Program also provides architectural design services to approved applicants for exterior commercial building façade improvements; and WHEREAS, Staff desires to make non-substantive modifications to the Program guidelines, to clarify that the installation of non-affixed structures (such as signage) is an eligible use of grant funds and that the program budget should adhere to the limits set during the annual budget process, ensuring it does not exceed the maximum amount established within the fiscal year budget cycle.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin amends the Commercial Façade Improvement Grant Program Guidelines attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute and make any necessary, non-substantive changes to carry out the intent of this Resolution. {Signatures on the following page}
41 Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
42 Attachment 2
1 |
Page
I. P

ROGRAM OVERVIEW
T
he Commercial Façade Improvement Grant Program (“Program”) is an endeavor of the City of Dublin to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Downtown Dublin Specific Plan A rea and the segment of Dublin Boulevard between Village Parkway and Dougherty Road.

T
he Program offers two types of façade improvement grants, as well as up to a maximum of ten hours of architectural fees or five hours of design assistance to help cover design costs. The P
rogram runs concurrent to the City’s fiscal year schedule (July 1 – June 30). The Program features open enrollment; applications shall be considered on a first-come, first-served basis.

Th
e long-term objective is to upgrade the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the property. The program also seeks to fund improvements that create outdoor dining or gathering spaces to promote activity in the downtown.

II. PR

OGRAM COMPONENTS
A. Architectural Design o r Design Assistance
T
he City will provide architectural design services to approved applicants, up to a maximum of ten hours, for exterior commercial building façade improvements. The City will also reimburse applicants for the services of a professional designer ( for p
aint/signage/awnings selection) for up to five hours.

B. Façade Improvement Grants
i
. Mini- Grant – This grant provides for reimbursement of up to Five Thousand dollars (
$5,000) for commercial building façade improvements with no match requirement. Projects must be completed within 12 months of grant approval o r Bu
ilding Permit issuance.
i
i. Matching Grant – This grant provides a reimbursable matching grant of two-thirds (66%) of eligible project costs, up to a maximum determined by the Fiscal Year budget cycle annually. The total cost of the improvement work must be more than Five Thousand dollars ($5,000). Receipt of a matching grant requires the approved applicant to contribute a minimum of one -third of the total cost of the façade improvement costs. Projects mu st be completed within 18 months of Building Permit issuance.

Commercial Façade Improvement Grant Program
Guidelines
43 Attachment 3
2 |
Page

Grant proceeds are to be used for labor and materials directly related to the façade construction. Tools may not be purchased with grant funds, but tool rental is allowable.

Program funds are to be used for exterior building improvements rather than simple routine maintenance.

All improvements completed through the Façade Improvement Program are “public work” as that term is used in Section 1720 of the California Labor Code. In accordance with L a b o r C o d e s e c t i o n 1 7 2 0 e t s e q . , p r e v a i l i n g w a g e s s h a l l b e p a i d f o r a l l f a ç a d e improvements. Use of volunteer labor i s not allowed. All estimates and payments for construction and installation of façade improvements shall include prevailing wages, and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777. 6 and 1813 of the California Labor Code and all other applicable laws and regulations wit h respect to prevailing wages. Participants in the program are responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law.

Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued after City deems the project complete, and upon the submission of invoices and proof of payment and subject to approval of those invoices and proofs of payment by City staff. Construction shall be completed within 120 days after the City issued Notice to Proceed. If the project extends beyond the scheduled completion date, prior staff approval is required.

This program is primarily geared toward commercial property owners. However, business owners who have long-term leases (five or more years) wishing to participate in the Façade Improvement Program may also apply. Applications for business owners will be reviewed on a case-by-case basis.

C. Fee Exemption

Applicants for this program are exempt from planning and building permit fees by the City Manager, who is authorized to waive City fees associated with this program. This fee exemption does not apply to fees mandated by the State of California including, but not limited to, the Strong Motion Instrument program fee and the California Green Building fees.

III. ELIGIBILITY

A. Eligible Applicants/Areas

Owners or long term tenants* of commercially zoned property located within one of the following areas are eligible to apply for assistance:

1. Downtown Dublin Specific Plan area, or

2. Segment of Dublin Boulevard between Village Pkwy and Dougherty Rd.

*Tenants with long-term leases (five or more years remaining on the lease at the time a Program application is submitted) must have the property owner’s written consent before any 44 Attachment 3
3 |
Page

improvements are made. In addition, the grant application must be signed by the property owner.

Properties are eligible for grants once every 10 years.

B. Eligible Types of Improvements

All improvements shall conform to City Building Codes, Zoning Ordinance, and applicable Design Guidelines. Eligible improvements include, but are not limited to:

• Removal of old signs, awnings and other exterior clutter • Exterior painting
• Repair or replacement of exterior siding (including the construction of new façade elements and architectural details)
• Installation of new entry doors that meet ADA accessibility requirements • Installation of display windows
• Installation of new canvas awnings over windows and entries • Installation of new signs
• Installation of new exterior lighting
• Installation of permanent landscaping
• Installation of a non-affixed structure, such as signage • Exterior mandatory Title 24 upgrades
• Construction of outdoor dining or gathering spaces

Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case -by-case basis by the Economic Development Director.

IV. Grant Process

A. Submit an application for grant funds. Submit a completed application detailing all exterior improvements and an itemized estimate of the total project cost. Be as specific as possible. The project list may contain improvements beyond what would be funded by the grant. Projects that include conceptual architectural plans shall be considered favorably.

All proposed façade projects/remodels must be approved by the Community Development Director prior to being accepted into the program.

B. Informational Meeting. Applicants will meet with representatives from Planning & Building to review the entitlement process & building permit process and to answer any questions that the businesses may have.

C. City Staff will review grant applications. Staff will review the application with the business owner, discuss the scope of work, determine a timeline and review the remaining process for the grant.

D. Council Economic Development Committee will consider request and select grant awardees. Selection preference will be provided to projects which create new outdoor dining and activity spaces.

45 Attachment 3
4 |
Page

E. Grant funds reserved. Upon approval of a grant application, including scope of work and timeline, an agreement will be signed between the applicant and City.

F. Planning Approval. If planning approval is required, the applicant is responsible for submitting project plans prepared by a licensed architect through the Planning Division.

G. Building Permit Approval. If a Building Permit is required, the applicant is responsible for submitting plans that meet all Code requirements through the Building Division.

H. Complete Work. After receiving all required approvals and permits the applicant shall complete the improvements within twelve (12) months for Mini-Grants and eighteen (18) months for Matching Grants. The applicant shall be responsible for contacting City staff to request an extension if necessary. An extension is not guaranteed.

I. Submit invoices, receipts, and proof of payment. The applicant shall save all documentation as required and submit within 30 days of project completion or Building permit final.

V. FUNDING

Funding for this Program is appropriated by the Dublin City Council as part of its annual budget process. There is no guarantee of the amount of funds that will be appropriated each year. Funds for the Program are available on a first come, first served basis. If funds are exhausted at the time of application submittal, staff will retain the application. If additional funds become available, staff will contact applicants in the order applications were received.

A. Grant Amounts

Eligible property owners or tenants who propose façade improvements can apply for one of two grants.

1. Mini-Grant
This grant provides reimbursement for commercial building façade improvements to approved applicants in the amount of up to Five Thousand Dollars ($5,000), with no match requirement.

2. Matching Grant
This grant provides reimbursement to approved applicants for a reimbursable matching grant of two -thirds (66%) of eligible project costs, up to a maximum of Seventy Thousand Dollars ($70,000). The total cost of the façade remodel must be more than Five Thousand dollars ($5,000). Receipt of a Matching Grant requires the applicant to contribute one-third of the total cost of the façade remodel, and to document its expenditures.

The City of Dublin reserves the right to cancel or modify this Program at any time prior to grant approval, without notice. Continuation of the Program is subject to sufficient funding as appropriated by the Dublin City Council.

46 Attachment 3
5 |
Page

VI. IMPLEMENTATION WORK

All improvements shall conform to the City of Dublin Building Codes, Zoning Ordinance, and applicable Design Guidelines. Proposed façade remodels are required to comply with Chapter

8.104 of the Site Development Review Chapter of the Zoning Ordinance. Project improvements commenced prior to the City’s issuance of a Notice to Proceed are not eligible for this Program.

City staff will be available to work with approved applicants to assist in the coordination of the project. City staff will carry out periodic inspections.

I, ___________________________________ have read and received a copy of these guidelines.

_________________ ____________________________________ Date Signature Printed Name
47 Attachment 3
1 |
Page
I. P

Th
e long-term o bjective is to upgrade the Downtown Dublin Specific Plan Area and the segment of Dublin Boulevard between Village Parkway and Dougherty Road by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the property. The program also seeks to fund improvements which that create outdoor dining or gathering spaces to promote activity in the downtown.

II. PRO

GRAM COMPONENTS
A. Architectural Design o r Design Assistance
T
he City will provide architectural design services to approved applicants, up to a maximum of ten hours, for exterior commercial building façade improvements. The City will also reimburse applicants for the services of a professional designer ( for p
aint/signage/awnings selection) for up to five hours.

B. Façade Improvement Grants
i
. Mini- Grant – This grant provides for reimbursement of up to Five Thousand dollars (
$5,000) for commercial building façade improvements with no match requirement. Projects must be completed within 12 months of grant approval or Bu
ilding Permit issuance.
i
i. Matching Grant – T his grant will provides a reimbursable matching grant of two - thirds (66%) of eligible project costs, up to a maximum determined by the Fiscal Year budget cycle annuallyof Seventy Thousand dollars ($70,000). The total cost of the improvement work must be more than Five Thousand dollars ($5,000). Receipt of a matching grant requires the approved applicant to contribute a minimum of one-third of the total cost of the façade improvement costs. Projects mu st b e
c
ompleted within 18 months of Building Permit issuance.

Commercial Façade Improvement Grant Program
Guidelines (Redlines)
48 Attachment 2

2 |
Page

Grant proceeds are to be used for labor and materials directly related to the façade construction. Tools may not be purchased with grant funds, but tool rental is allowable.

Program funds are to be used for exterior building improvements rather than simple routine maintenance.

C. Fee Exemption

III. ELIGIBILITY

A. Eligible Applicants/Areas

Owners or long term tenants* of commercially zoned property located within one of the following areas are eligible to apply for assistance:

1. Downtown Dublin Specific Plan area, or

2. Segment of Dublin Boulevard between Village Pkwy and Dougherty Rd.

*Tenants with long-term leases (five or more years remaining on the lease at the time a Program application is submitted) must have the property owner’s written consent before any 49 Attachment 2

3 |
Page

improvements are made. In addition, the grant application must be signed by the property owner.

Properties are eligible for grants once every 10 years.

B. Eligible Types of Improvements

All improvements shall conform to City Building Codes, Zoning Ordinance, and applicable Design Guidelines. Eligible improvements include, but are not limited to:

Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case -by-case basis by the Economic Development Director.

IV. Grant Process

All proposed façade projects/remodels must be approved by the Community Development Director prior to being accepted into the program.

D. Council Economic Development Committee will consider request and select grant awardees. Selection preference will be provided to projects which create new outdoor dining and activity spaces.

50 Attachment 2

4 |
Page

E. Grant funds reserved. Upon approval of a grant application, including scope of work and timeline, an agreement will be signed between the applicant and City.

F. Planning Approval. If planning approval is required, the applicant is responsible for submitting project plans prepared by a licensed architect through the Planning Division.

G. Building Permit Approval. If a Building Permit is required, the applicant is responsible for submitting plans that meet all Code requirements through the Building Division.

I. Submit invoices, receipts, and proof of payment. The applicant shall save all documentation as required and submit within 30 days of project completion or Building permit final.

V. FUNDING

A. Grant Amounts

Eligible property owners or tenants who propose façade improvements can apply for one of two grants.

1. Mini-Grant
This grant provides reimbursement for commercial building façade improvements to approved applicants in the amount of up to Five Thousand Dollars ($5,000), with no match requirement.

51 Attachment 2

5 |
Page

VI. IMPLEMENTATION WORK

All improvements shall conform to the City of Dublin Building Codes, Zoning Ordinance, and applicable Design Guidelines. Proposed façade remodels are required to comply with Chapter

8.104 of the Site Development Review Chapter of the Zoning Ordinance. Project improvements commenced prior to the City’s issuance of a Notice to Proceed are not eligible for this Program.

City staff will be available to work with approved applicants to assist in the coordination of the project. City staff will carry out periodic inspections.

I, ___________________________________ have read and received a copy of these guidelines.

_________________ ____________________________________ Date Signature Printed Name
52 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Declaration of Weeds and Combustible Debris Abatement Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:

The City Council will consider declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks, and property within the City of Dublin.

STAFF RECOMMENDATION:

Adopt the Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof; direct Staff to notify the public of the adoption of this Resolution; and schedule a public hearing for the April 2, 2024 City Council meeting at which time the City Council will hear and consider objections to this abatement order.

FINANCIAL IMPACT:

None.

DESCRIPTION:

In accordance with Dublin Municipal Code section 5.7.030, the City Council may declare that there is a public nuisance created by weeds and combustible debris growing or accumulating upon the streets, sidewalks, and property within the City of Dublin. With this declaration, the Fire Chief or his designee is required to notify property owners of the nuisance conditions and demand that the conditions be abated without delay. If the abatement is not completed, the City of Dublin shall, at the expense of the owner, have the weeds and refuse removed.

The proposed public hearing date will be April 2, 2024 with the intention of allowing for the abatement process to be completed prior to June 21, 2024. Starting the process at this time will allow for Staff to complete the process within the time frame while still abiding by the City’s applicable ordinances.

Agenda Item 5.4
53

Page 2 of 2 ends

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof
54 Attachment 1
Reso. No. XX-24, Item 5.4, Adopted 02/06/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND

ORDERING THE ABATEMENT THEREOF
WHEREAS, Government Code Section 39502 et. seq. authorizes the legislative body of a city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and WHEREAS, the Alameda County Fire Department is under contract to provide services and exercise the powers common to the City of Dublin; and WHEREAS, the City of Dublin did adopt Ordinance No. 13-97, adding Chapter 5.70 of the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and refuse.

NOW, THEREFORE BE IT RESOLVED that:

1. Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire Department and the City of Dublin hereby declare as public nuisances all weeds and refuse growing or accumulating upon the streets, sidewalks, and property as defined in section

5.70.030, in the City of Dublin.

2. The Fire Chief, or his designee, shall cause notice to be given to the public in the form and manner provided in sections 5.70.030 and 5.70.040 of the Dublin Municipal Code, notifying said public of the passage of this Resolution and further that on April 2, 2024, at 7:00 p.m., the City Council of the City of Dublin will conduct a public hearing to hear and consider objections to this abatement order.

PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
55 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.5
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendment to the Agreement with Special Events for Equipment Rentals for City-Produced Events
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY:

The City Council will consider approving an amendment to the agreement with Special Events for tents, stages, and other event furniture rentals for City-produced events.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Amendment #1 to the Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events During Fiscal Years 2022-24.

FINANCIAL IMPACT:

The original agreement with Special Events, covering Fiscal Years 2022-23 and 2023-24, had a compensation amount not to exceed $124,738. Due to changes in the 2022 California Fire Code, as well as an additional unanticipated event during the contract period, cost increases resulted in the compensation cap being reached before the expiration of the agreement. The proposed amendment increases the compensation by $50,000, and funding is available in the adopted Fiscal Year 2023-24 operating budget to cover the increase.

DESCRIPTION:

Background
The City of Dublin routinely rents equipment for outdoor events coordinated by the Parks and Community Services Department. This includes the Summer Concert Series, Splatter, St. Patrick's Day Festival, Holiday Tree Lighting, and park and facility dedications.

In June 2022, the City Council adopted a resolution approving an agreement with Special Events for tents, stage, and other event equipment. Special Events has provided similar equipment to the City for several years and has an excellent service history. The current agreement with Special 56

Page 2 of 2 ends

Events has a service term of July 1, 2022 through June 30, 2024.

Analysis
In early 2023, Staff became aware of changes in Section 3103.9.4 of the 2022 California Fire Code related to anchoring festival tents. Historically, large tents and canopies were anchored using barrels filled on site with water. Empty barrels were rented and easily transported to the site before being filled with water in final anchoring locations.

Per the 2022 California Fire Code, anchoring via water-filled vessels is no longer permitted.

Anchoring is now done using concrete blocks and/or sand barrels. Rental costs of these items are significantly higher due to increased labor and transportation costs. While empty barrels were easily moved prior to being filled with water, transporting and setting concrete blocks and sand barrels requires heavy equipment, operators, and additional trucks to accommodate the weight.

The cost for tent rentals and anchors for events in 2023 was approximately 30% higher than planned due to the change in regulations.

In addition to these rising costs, the City utilized the services of Special Events for one activity outside of its initial scope – the Ruby Affair. Due to the rise in costs and the additional event, an amendment increasing the compensation amount is necessary to proceed through the remainder of the service term. The proposed amendment does not change the term of the agreement, which is set to expire on June 30, 2024.

Next Steps
Every two years, Staff from the Parks and Community Services Department conduct a formal bid process to procure vendors that support City-produced events. This will be done again in spring 2024, with a subsequent agreement term beginning July 1, 2024. Ahead of the formal bid process, Staff will evaluate event needs and options to contain costs. This will include looking at opportunities to reduce equipment needs, modifications to equipment used, and ways to reduce labor and transportation costs.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving Amendment #1 to the Agreement with Special Events for Tents, Stages, and Other Event Furniture Rentals for City-Produced Events During Fiscal Years 2022-24 2) Exhibit A to the Resolution – Amendment #1 to Contracting Services Agreement with Special Events
57 Attachment 1
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE AGREEMENT WITH SPECIAL EVENTS FOR

TENTS, STAGES, AND OTHER EVENT FURNITURE RENTALS FOR CITY-PRODUCED EVENTS DURING FISCAL YEARS 2022-24
WHEREAS, on July 1, 2022, the City of Dublin (hereinafter referred to as "City") and Special Events (hereinafter referred to as "Contractor") entered into a Contracting Services Agreement for special event tents, stages, and other furniture rental services (hereinafter referred to as the “Agreement”); and
WHEREAS, due to changes in the 2022 California Fire Code, anchoring of festival tents using water-barrels is no longer permitted; and
WHEREAS, anchoring tents using concrete blocks and sand barrels has significantly raised the cost resulting in the current agreement’s not-to-exceed compensation amount being reached; and
WHEREAS, during the contract period, the City utilized Contractor for the Ruby Affair, an event not initially contemplated at the time of the contract execution; and WHEREAS, the City and Contractor now wish to amend the Agreement to modify Section 2 of the Agreement in order to capture these expenses.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does herby approve Amendment #1 to the Agreement with Special Events Rentals attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Council authorized the City Manager to execute the Agreement and make any necessary, non-substantive changes that carry out the intent of this Resolution.
{Signatures on the follow page}
58 Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
59

Page 1 of 3 ends

AMENDMENT #1 TO CONTRACTING SERVICES AGREEMENT WITH SPECIAL EVENTS FOR

TENTS, STAGES, AND OTHER EVENT FURNITURE RENTALS FOR CITY-PRODUCED EVENTS WHEREAS, on July 1, 2022, the City of Dublin (hereinafter referred to as "CITY") and Special Events (hereinafter referred to as "Contractor") entered into a Contracting Services Agreement for special event tents, stages, and other furniture rental services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, due to changes in the 2022 California Fire Code, anchoring of festival tents using water-barrels is no longer permitted; and WHEREAS, anchoring tents using concrete blocks and sand barrels has significantly raised the cost resulting in the current agreements not-to-exceed amount being reached; and
WHEREAS, during the contract period, the City utilized Contractor for the Ruby Affair, an event not initially contemplated at the time of the contract execution; and WHEREAS, the CITY and Contractor now wish to amend the Agreement to modify Section 2 of the Agreement.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 2 shall be rescinded in its entirety and replaced with the following:

COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $174,738 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and

Attachment 2
60

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subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Exhibit B shall be modified to include the following:

TENTING
Description Location/Notes COST
30 Gallon Sand Barrel Tent Anchor $44 each
600lb Block Tent Anchor $90 each
800lb Block Tent Anchor $105 each
1 Ton Block Tent Anchor $135 each
Ox Fee Anchor Moving Equip $400 per event
Block Covers White Covers for Concrete Blocks $10-$30 each

3) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT.

4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.

5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE

Attachment 2
61

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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.

CITY OF DUBLIN SPECIAL EVENTS

By: _____________________________ By: _____________________________ Linda Smith, City Manager Archille Cuyle, Sales Director

Dated:

ATTEST:

By: _____
Marsha Moore, City Clerk

APPROVED AS TO FORM:

By: _____________________________
City Attorney

Attachment 2
62 STAFF REPORT

CITY COUNCIL

Page 1 of 2 ends

Agenda Item 5.6
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: City Council Participation in the 2024 St. Patrick’s Day Parade Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider participating in the 2024 St. Patrick’s Day Parade by walking as a group.

STAFF RECOMMENDATION:

Approve the City Council walking in the parade or provide other direction.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Each year, the City Council participates in the annual St. Patrick’s Day Parade. The City Council has walked along the parade route, but it has also used a fire truck, cable car, or float in recent years.

In 2023, the City Council decided to walk to engage and interact with spectators.

Staff is recommending the walking option again this year. If this option is selected, Staff will likely utilize a lead vehicle, either the historic Model A or other truck, that will carry the City Council banner.

To move forward with preparations for the parade, Staff is seeking City Council approval of this concept.

STRATEGIC PLAN INITIATIVE:

None.
63

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NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
64 STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 5.7
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: New Capital Improvement Program Project – Irrigation System Upgrades, Approval of Grant Agreement with Zone 7, and Authorization to Purchase Equipment
Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY:

The City Council will consider creating a new Capital Improvement Program project, Irrigation System Upgrades, to improve overall irrigation efficiency in parks, at city facilities, and in street landscaped areas. As part of this action, the City Council will consider approving a grant agreement with Zone 7, authorizing the purchase of irrigation equipment, and approving a budget change.

STAFF RECOMMENDATION:

FINANCIAL IMPACT:

The Irrigation System Upgrades project is estimated to cost $1,840,000. Funding for the project includes a grant of $1,380,000 from the State of California Department of Water Resources Urban Community Drought Relief Grant Program, which requires local matching funds of $460,000. Staff proposes a budget change in that amount from the Non-Streets CIP Reserve, which has a current balance of $3.2 million.
65

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DESCRIPTION:

In December 2022, Alameda County Flood Control and Water Conservation District, Zone 7 submitted a grant proposal to the State of California Department of Water Resources (DWR) Urban Community Drought Relief Grant Program. Zone 7 coordinated with other agencies and the resulting grant proposal included several water conservation projects from Zone 7, Alameda County, and the cities of Livermore, Dublin, and Pleasanton. In June 2023, Zone 7 was notified by the DWR that four of the proposed projects were awarded grants, including $1,380,000 for Dublin’s Irrigation System Upgrades Project. Following negotiations, Zone 7 and the DWR executed the grant agreement in November 2023 (Attachment 2).

The Irrigation System Upgrades Project is anticipated to reduce City irrigation water use by eight percent (roughly $50,000 per year in savings) and achieve operational efficiencies by completing the following improvements to the City’s irrigation system:
 Communications – Upgrade the existing system to ensure adequate communication between the central irrigation system and irrigation controllers throughout all City- maintained landscapes.
 System Optimization – Provide advanced, site-specific irrigation scheduling based on each location’s soil type, plant type, slope, sun, shade, etc., to improve overall water efficiency and landscape quality for 25 of the City’s largest landscapes. The system will also be able to adapt to weather conditions (e.g., shut off in anticipation of rain).  Operations – Provide operational and training support for Staff and contractors to maintain and operate the upgraded system.
 Controller and Valve Upgrades – Install 40 to 60 new controllers with cellular communications to the central irrigation system. The work will also include upgrades of between 40 and 60 master valves and flow systems that can shut off in an unscheduled flow.

New Capital Improvement Program Project
To implement the upgrades, a new project must be created in the City’s Capital Improvement Program (CIP), and a budget change is needed to appropriate local matching funds required by the Drought Relief Grant Program. The new CIP project, Irrigation System Upgrades, CIP No. GI0224, is shown in Attachment 5. The budget change (Attachment 6) appropriates funds from the General Fund Assigned Reserve for Non-Streets CIP into the proposed project budget to provide the local matching funds.

Grant Agreement
Because Zone 7 submitted the grant application that contained projects from several agencies, Zone 7 will be administering the State grant and will have the responsibility for disbursement of grant funds. To facilitate Dublin’s receipt of grant funds and to ensure compliance with grant requirements, an agreement between the City of Dublin and Zone 7 is necessary (Attachment 2). 66

Page 3 of 3 ends

Irrigation Controller Procurement
During the planning and grant proposal phase of the project, Staff solicited pricing on Toro irrigation controllers (manufactured by The Toro Company) from the local distributor. The pricing at that time resulted in a grant proposal project scope with 40 new irrigation controllers.

SiteOne Landscaping Supply, LLC, an authorized distributor of Toro equipment, is offering promotional pricing on the controllers, which will allow the City to purchase 60 new irrigation controllers for the price of 40 (a total of $650,000). Without the discount, or by delaying the purchase to the construction phase of the project, the available grant and local match funds will likely result in only 40 new irrigation controllers installed by the project.

By purchasing the controllers now, the City can include them as part of the overall project plans and specifications, which will be advertised for competitive bids in late spring 2024 and completed under a future construction contract.

Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City can procure items from a competitive bid process administered by another public agency. Purchases made in this manner in excess of $45,000 require City Council approval (Section 2.36.090). Toro has an active agreement with Sourcewell (Attachment 4), a service cooperative created by the Minnesota legislature as a local unit of government that offers local agencies access to a variety of competitively bid agreements, with which the City of Dublin is registered. In compliance with the agreement these controllers can be purchased by the City through authorized Toro distributors such as SiteOne Landscape Supply.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the 2022 Urban Community Drought Relief Local Project Sponsor Agreement with Alameda County Flood Control and Water Conservation District, Zone 7 2) Exhibit A to the Resolution – Local Project Sponsor Agreement 3) Resolution Authorizing the Purchase of Irrigation Controllers from SiteOne Landscape Supply, LLC
4) Exhibit A to the Resolution – Sourcewell Contract with The Toro Company, 031121-TTC 5) CIP No. GI0224 Irrigation System Upgrades
6) Budget Change Form for the Irrigation System Upgrades, CIP No. GI0224 67 Attachment 1
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING THE 2022 URBAN COMMUNITY DROUGHT RELIEF LOCAL PROJECT

SPONSOR AGREEMENT WITH ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7) submitted a grant application to the State of California Department of Water Resources (DWR) Urban Community Drought Relief Program in November 2022 and included proposals from several local project sponsors in the Livermore-Amador Valley, including the City of Dublin; and WHEREAS, in June 2023, DWR awarded Zone 7 $2,242,500 of grant funds, which includes $1,380,000 in grant funds for the City of Dublin Irrigation System Upgrades project; and WHEREAS, in November 2023, Zone 7 and DWR executed Agreement Number 4600015378 Urban Community Drought Relief Grant (State Agreement), which among other things, establishes the requirements to receive grant funds; and WHEREAS, the City of Dublin and Zone 7 desire to enter into a 2022 Urban Community Drought Relief Local Project Sponsor Agreement, attached hereto as Exhibit A, for the purpose of ensuring compliance with the State Agreement and receiving grant funds for the City of Dublin Irrigation System Upgrades project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the 2022 Urban Community Drought Relief Local Project Sponsor Agreement with Alameda County Flood Control and Water Conservation District, Zone 7, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
68 Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
69

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AGREEMENT BETWEEN ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 AND CITY OF DUBLIN -
2022 URBAN COMMUNITY DROUGHT RELIEF LOCAL PROJECT SPONSOR AG

REEMENT
This Local Project Sponsor Agreement (“Agreement”) is entered into on this _______ day of __________________, 2024, between Alameda County Flood Control and Water Conservation District, Zone 7 (“Zone 7”) and the City of Dublin (hereinafter referred to as Local Project Sponsor Grantee “LPS”). Zone 7 and LPS are collectively referred to as the “Parties,” and each individually as a “Party.”
Reci
tals
WH
EREAS, in 2022 Zone 7 applied for the 2022 Urban Community Drought Relief Grant Program through the California Department of Water Resources (“State Grant”); and WH
EREAS, said application included projects from multiple local project sponsors in the Livermore-Amador Valley and was submitted on their behalf; and WH
EREAS, California Department of Water Resources ( “DWR”) awarded Zone 7, $1,380,000 in funding for LP S’s drought relief project along with cost sharing requirement of $460,000; and
WH
EREAS, on November 27, 2023, Zone 7 executed a grant agreement between DWR and Zone 7 titled “GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND ZONE 7 WATER AGENCY AGREEMENT NUMBER 4600015378 URBAN COMMUNITY DROUGHT RELIEF GRANT ” ( the “State Agreement”), which is attached hereto and incorporated herein as Attachment 1; and WH
EREAS, one of the projects funded with the State Agreement is the “Dublin Irrigation System Upgrades” (“Project”) proposed by the LPS , with an estimated total project cost of $1,840,000; and
Ag
reement
NO

W, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Th
e recitals hereto are tru e and correct and are incorporated into the body of this Agreement as though set forth in full.

1. Term
Th
is Agreement will be in effect from the date of execution until the State Agreement between the DWR and Zone 7 is terminated, or when all the Parties’ obligations under this Agreement are fully satisfied, whichever occurs later.

Attachment 2
70

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Notwithstanding the date on which this Agreement is executed, Project costs incurred by the LPS after June 30, 2022, to the extent they are eligible for funding under and otherwise compliant with the State Grant and State Agreement, are eligible for reimbursement under this Agreement . All activities to implement the Project must be completed by December 31 , 2026 to be eligible for State Grant funding.

2. Project, Subaward and Cost Share
a) Under the terms of this Agreement, the LPS will implement the Project as more particularly described in Attachment 1, and Zone 7 will disburse up to $1,380,000 of the State Grant to the LPS in accordance with the Grant Agreement. Said disbursements will only be made after Zone 7 receives such funds from DWR. The LPS will provide and document the cost share expenditures as required in the State Agreement.
b) Local Project Grantee Cost Share is required to fulfill a local cost share (non-State funds) in the amount of $460,000 of the total estimated total project cost of $1,840,000, as set forth in Exhibit B to the State Agreement (Budget). Required Cost Share must be for Eligible Project Costs directly related to the Project as set forth in Exhibit A to the State Agreement (Work Plan), incurred after June 30, 2022.

3. Zone 7 Obligations

a. Zone 7 will undertake and complete administrative and management responsibilities relating solely to Grant Administration, in accordance with the State Agreement attached hereto as Attachment 1, under “Exhibit A – Workplan – Grant Administration,” that are not related solely to Local Projects.
b. Zone 7 shall disburse grant funds as required or permitted by the State Agreement.

Notwithstanding the foregoing, Zone 7 is not obligated to disburse any funds to the LPS until such grant funds are authorized and disbursed from DWR to Zone 7. c. Zone 7 will promptly notify the LPS of any notices given or actions taken by DWR if such notices or actions are likely to affect LPS’s performance, duties, obligations or funding under this Agreement, including but not limited to notices from DWR regarding LPS’s invoices under Section 8 of the State Agreement or alleged default related to the Project under Section 11 of the State Agreement.

4. LPS Obligations
a. The LPS is, and at all times will continue to be, in full compliance with the terms and conditions of the State Agreement as a recipient of the State Grant for its particular project.

LPS shall be responsible for all of Grantee’s responsibilities pursuant to the State Agreement as if LPS were Grantee, including but not limited to those specific responsibilities discussed in this Agreement, except otherwise expressly stated in this Agreement. LPS understands and agrees that for the terms and conditions of the State Agreement which pertain to the Project, are hereby passed through to, and adopted by LPS as obligations of LP S, excepting only Zone 7’s obligations as defined in paragraph 3 of this Agreement.
71

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b. The LPS is solely responsible for all Project costs , including any amount exceeding the project budget of $1,840,000, and submitting eligible costs for reimbursements as per the terms of the State Agreement. The LPS is required to maintain all financial records associated with the total project cost for inclusion in the final project report. c. In accordance with the State Agreement , the LPS may submit invoices for expenses incurred after July 1, 2022 for grant reimbursement and to meet cost share requirements. d. The LPS hereby assumes responsibility for submitting Post -Performance Reports as required under Section 13.D of the State Agreement. Reports will be sent by LPS to Zone 7 within sixty calendar days after the first operational year of the Project and annually for a total of 3 years following Project completion, for submittal to DWR . e. The LPS hereby assumes responsibility for the following as required under Section 14 of the State Agreement; (a) Operating and maintaining facilities and structures of the Project, (b) all costs for the operation and maintenance of the facilities and structures of the Project, and (c) performing as required under (a) and (b) for the period required by the State Agreement.
f. The obligations of Paragraph 4d and Paragraph 6 of this Agreement shall survive the termination of this Agreement.
g. The LPS shall not cause Zone 7 to be in violation of the State Agreement, whether by act or omission.
h. In the event of an audit from DWR, LPS shall provide all information Zone 7 requests to fulfill the audit. If the audit finds any compliance deficiency related to the LPS’s Project, reporting, or obligations of this agreement, the LPS shall make all remedies necessary to correct said deficiency. LPS will be responsible for any such deficiency and all results therefrom.

5. Breach of State Agreement
If DWR determines there is a breach of the State Agreement, and Zone 7 determines the breach is a result of the LPS not performing their obligations contained herein, or LPS otherwise being in breach of this Agreement, then the LPS agrees to return to Zone 7 any reimbursement which DWR declares needs to be repaid and Zone 7’s costs associated with resolving the breach of State Agreement.

6. Inspection of Records; Pass-Through Provisions
Pursuant to the State Agreement, DWR is entitled to inspect and make copies of any records pertaining to the Project and the Parties are required to make available for such inspection accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the State Agreement. LPS shall be subject to this requirement.

Page 4 of 7 ends

7. Indemnification
a. To the fullest extent permitted by law, the LPS will immediately defend, indemnify and hold harmless Zone 7, its directors, officers, employees, or authorized agents, and each of them from and against:
i. All claims, demands, liabilities and losses arising out of the performance (or actual or alleged non-performance) of the Project by the LPS, including its agents and employees for damages to persons or property arising, pertaining to or relating to the LPS’s negligent acts or omissions or willful misconduct or the failure of LPS to comply with any professional standard of care applicable to the Project.
ii. Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the intentional or negligent violation of any governmental law or regulation, compliance with which is the responsibility of LPS.
iii. Any and all reasonable losses, expenses, damages, attorneys’ fees, and other costs, including all costs of defense, including but not only costs of counsel acceptable to Zone 7, which Zone 7 may incur with respect to the failure, neglect, or refusal of LPS to perform the Project or its obligations under the Agreement. LPS shall further defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to arise out of performance or non- performance of the work hereunder, and shall not tender such claims to Zone 7 nor to its directors, officers, employees, or authorized volunteers, for defense or indemnity.
iv. Any liability including, but not limited to, arising from any funding disallowance, audits, demands, claims, actions, liabilities, damages, fines, fees, costs, and expenses brought forth by DWR.
v. Any liability, claims, or damages, Zone 7 is required to indemnify DWR from pursuant to Section D.20 of Exhibit D of the State Agreement, to the extent that they relate to the Project.

8. Termination
Upon termination of the State Agreement, this Agreement shall terminate effective the same date as the State Agreement and in accordance with the terms and conditions for the termination of the State Agreement.

9. Notice
All notices or notifications to Zone 7 shall be in writing addressed to the persons set forth as follows:
73

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Project Representative:

Valerie Pryor
General Manager
100 North Canyons Parkway
Livermore, CA 94551
[email protected]

Project Manager:

Kevin Padway
Assistant Water Resources Planner
100 North Canyons Parkway
Livermore, CA 94551
[email protected]

All notices or notifications to the LPS shall be in writing addressed to the persons set forth as follows:

Project Representative:

Linda Smith
City Manager
100 Civic Plaza
Dublin, CA 94568
[email protected]

Project Manager:

Rosemary Alex
Parks and Facilities Development Coordinator
100 Civic Plaza
Dublin, CA 94568
[email protected]

10. Amendments

This Agreement may be changed only by a written amendment duly signed by Zone 7 and the LPS.

11. Assignment

The LPS shall not assign its rights or delegate its duties under this Agreement.

12. Dispute Resolution

In the event of a dispute between the parties arising from this Agreement, both parties shall meet and confer to try to resolve the issue. If the parties are not able to resolve the issue, both parties shall agree to arbitration or mediation.

Page 6 of 7 ends

13. California Law

This Agreement shall be governed and construed in accordance with the laws of the State of California.

14. Validity and Severability

If any provision of this Agreement or the application thereof to any circumstance is held invalid, the remainder of this Agreement and the application of such provision to other circumstances shall not be affected thereby.

15. No Waiver

No wavier by either party of any event of breach and/or breach of any provisions of this Agreement shall constitute a waiver of any other event of breach and/or breach. Either Party’s non-enforcement at any time, or from time to time, of any provisions of this Agreement shall not be construed as a waiver thereof.

16. Authorities

The individual signing this agreement on behalf of the LPS declare that they have the authority to enter into this agreement on behalf of the LPS. Documentation of said authority is attached hereto as Attachment 2.

17. Payment

Zone 7 is not receiving any compensation from the State Grant for grant administration, which is a burden on Zone 7, nor is Zone 7 receiving any grant funds for a project included in the State Agreement. Rather, Zone 7 is performing the grant administration to support regional water conservation. Zone 7 is willing to do this at no cost to the LPS, contingent upon timely, thorough, and substantive responses, submittals, reports, and other items needed for Zone 7 to effectively administer the State Agreement. In the event that the LPS fails to do so as determined by Zone 7 at its sole discretion, Zone 7 may decide to invoice LPS for, and LPS agrees to pay Zone 7 for, all costs of grant administration associated with the Project. Said costs may include labor (including fringe benefits), financial, and actual costs incurred in performance of grant administration.

18. Entire Agreement

This Agreement, together with the attachments hereto, constitutes the complete agreement between the Parties.

19. Intent

Any ambiguities within this agreement shall not be construed in a manner which places Zone 7 in a worse position than Zone 7 would have otherwise been in without the State Agreement. 75

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20. DocuSign
All parties consent to using DocuSign for this agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto:

Alameda County Flood Control and Water Conservation District, Zone 7

Date:

Valerie Pryor
General Manager

Approved as to Form:

Date:

Rebecca Smith, General Counsel

City of Dublin

Date:

Linda Smith
City Manager

Approved as to Form:

Date:

John Bakker
City Attorney

76 Attachment 1: State Agreement
77 GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND
ZONE 7 WATER AGENCY
AGREEMENT NUMBER 4600015378

URBAN COMMUNITY DROUGHT RELIEF GRANT
THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the Zone 7 Water Agency, a special district in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows:
1) PURPOSE. The State shall provide funding from the Budget Act of 2021, as amended (Stats. 2022, ch. 44, § 25) to the Grantee to assist in financing the Project. By executing this Agreement, the Grantee certifies that the purpose of the Project is in response to a drought scenario, as defined by Water Code section 13198(a) and is intended to: (1) address immediate impacts on human health and safety; (2) address immediate impacts on fish and wildlife resources; or, (3) provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies.
2) T
ERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on July 1, 2022, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by December 31, 2026, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after March 31, 2027.
3) G
RANT A MOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $2,242,500. Any additional costs are the responsibility of the Grantee. 4) G RANTEE REQUIRED COST SHARE. The Grantee is required to provide a local cost share (non-State funds) in the amount of $768,049, as set forth in Exhibit B (Budget). Required Cost Share must be for Eligible Project Costs directly related to the Project as set forth in Exhibit A (Work Plan), incurred after June 30, 2022.
5) B ASIC CONDITIONS.

A. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable):
i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth in the 2022 Urban Community Drought Relief Grant Program Guidelines and Proposal Solicitation Package (2022 Guidelines).
ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation. The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e., reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 13, “Submission of Reports” and Exhibit A, “Work Plan”.
iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.

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1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement.

2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and c) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal.

The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation.
iv. A monitoring plan as required by Paragraph 15, “Monitoring Plan Requirements,” if applicable.
6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non- interest-bearing account and shall be used solely to pay Eligible Project Costs. 7) E
LIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Costs incurred after June 30, 2022, may be eligible for reimbursement.

Costs that are not eligible f
or reimbursement include, but are not limited to, the following items:

A. Costs, other than those noted above, incurred prior to July 1, 2022.

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B. Costs for preparing and filing a grant application.

C. Purchase of equipment that is not an integral part of a project.

D. Establishing a reserve fund.

E. Purchase of water supply.

F. Replacement of existing funding sources (e.g., bridge loans).

G. Meals, food items, or refreshments.

H. Payment of any punitive regulatory agency requirement, federal or state taxes.

I. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain.

J. Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project).

Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub- agreement for work on the Project that will be reimbursed pursuant to this Agreement.

K. Mitigation for environmental impacts not resulting from implementation of a project funded by this Agreement. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.
8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 13, “Submission of Reports.” Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs.

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Invoices submitted by the Grantee shall include the following information:

A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice.

B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project.

C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed).
iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount”. v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: Financial Assistance Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.

All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen.

Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the State for grantees that demonstrate cash flow issues. A project may receive an advanced payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of the grant award will be reimbursed in arrears after the advanced funds have been fully expended.

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the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following:

A. Documentation demonstrating that each LPS (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the LPS stating whether it wishes to receive the advanced payment or not.

B. If the Grantee is requesting the advanced payment, the request(s) shall include:
i. Descriptive information of each project with an update on project status. ii. Description and documentation of the cash flow issues the LPS has that requires funds to be advanced.
iii. The names of the entities that will receive the funding for each project. iv. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds.
v. Any other information that DWR may deem necessary.

C. Upon review and approval of the Advanced Payment Request, DWR may authorize payment of the requested amount or a lesser amount for those entities that have requested advanced funds. Based on the project’s Funding Plan and other considerations, DWR may develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs.

D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), containing the request for each project requesting advanced funds, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 19, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements:
i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due.

ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.”

iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report.

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iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information:

1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B.

2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved.

3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account.

4. Proof of distribution of advanced funds to LPS(s), if applicable.

E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, “Method of Payment.”

10) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 11, “Default Provisions,” the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 11, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 11) D
EFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur:

A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations;
B. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; C. Failure to operate or maintain the Project in accordance with this Grant Agreement.

D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Standard Condition Paragraph D.5.

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E. Failure to submit quarterly progress reports pursuant to Paragraph 5.

F. Failure to routinely invoice the State pursuant to Paragraph 8.

G. Failure to meet any of the requirements set forth in Paragraph 12, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following:

A. Declare the funding be immediately repaid.

B. Terminate any obligation to make future payments to the Grantee.

C. Terminate the Grant Agreement.

D. Take any other action that it deems necessary to protect its interests.

In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 12) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2022 Guidelines to remain eligible to receive State funds:

A. An urban water supplier that receives grant funds pursuant to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 21 of the 2022 Guidelines and Proposal Solicitation Package.

B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2021 AWMP identified on the State’s website. For more information, visit the website listed in the 2022 Guidelines and Proposal Solicitation Package.

C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq.

D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) as set forth in the 2022 Guidelines and Proposal Solicitation Package.

E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program.

Alternatively, if the Grantee has submitted a Groundwater Sustainability Plan (GSP) or Alternative Plan pursuant to the GSP Regulations (Cal. Code Regs., tit. 23, § 350 et seq.), groundwater level data must be submitted through the SGMA Portal at:
https://sgma.water.ca.gov/portal/.

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F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.

G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under State law.

The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 13) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds.

Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project.

A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice and shall be submitted within 60 days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November 29, and March 1).

B. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F.

C. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A and F.

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Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State.

D. Post-Performance Reports: The Grantee shall prepare and submit to the State Post- Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation. 14) O
PERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 11, “Default Provisions.”
15) M
ONITORING PLAN REQUIREMENTS . A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit L, “Project Monitoring Plan Guidance.” 16) N
OTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:

A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.

B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event.

C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 86 Grant Agreement No. 4600015378

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that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State.

D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way.

E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 17) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:

A. By delivery in person.

B. By certified U.S. mail, return receipt requested, postage prepaid.

C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.

D. By electronic means.

E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below.
18) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the Grantee.
19) PR
OJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows:

Department of Water Resources Zone 7 Water Agency
Arthur Hinojosa
Manager, Division of Regional
Assistance
P.O. Box 942836
Sacramento, CA 94236
Phone: (916) 902-6713
Email: [email protected]
Valerie Pryor
General Manager
100 North Canyons Parkway
Livermore, CA 94551
Phone: (925) 454-5000
Email:[email protected]
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Direct all inquiries to the Project Manager:

Department of Water Resources Zone 7 Water Agency
Amenda Blackwell
Environmental Scientist
P.O. Box 942836
Sacramento, CA 94236
Phone: 916-326-9026
Email: [email protected]
Kevin Padway
Assistant Water Resources Planner
100 North Canyons Parkway
Livermore, CA 94550
Phone: (925) 454-5020
Email: [email protected]

Either party may change its Project Representative or Project Manager upon written notice to the other party.
20) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference:

Exhibit A – Work Plan
Exhibit B – Budget
Exhibit C – Schedule
Exhibit D – Standard Conditions
Exhibit E – Authorizing Resolution
Exhibit F – Report Formats and Requirements
Exhibit G – Requirements for Data Submittal
Exhibit H – State Audit Document Requirements and Cost Share Guidelines for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Appraisal Specifications
Exhibit K – Information Needed for Escrow Processing and Closure Exhibit L – Project Monitoring Plan Guidance
Exhibit M – Invoice Guidance for Administrative and Overhead Charges

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IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
ZONE 7 WATER AGENCY

Arthur Hinojosa
Manager, Division of Regional Assistance

Valerie Pryor
General Manager

Date

Approved as to Legal Form and Sufficiency

Robin Brewer
Assistant General Counsel,
Office of the General Counsel

Date___________________________

DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 11/22/2023
For
11/27/2023
11/27/2023
ah
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EXHIBIT A

WORK PLAN
Grant Administration
IMPLEMENTING AGENCY: Zone 7 Water Agency (Grantee)
PROJECT DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This Grantee will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices.

Budget Category (a): Project Administration
Task 1: Agreement Administration
The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this Agreement.

Task 2: Invoicing
The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet.

Deliverables:
• Quarterly Invoices and associated backup documentation Task 3: Reporting
The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report.

Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement.

Deliverables:
• Quarterly Progress Reports
• Grant Completion Report

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PROJECT 1: Dublin Irrigation System Upgrades
IMPLEMENTING AGENCY: City of Dublin (City)
PROJECT DESCRIPTION: The project will achieve four improvements to the City’s Central Irrigation System: 1) Communications – Provide necessary improvements to existing system to ensure adequate communication between the central system and irrigation controllers throughout all City maintained landscapes; 2) System Optimization and Operations – For 25 of the City’s large landscapes provide advanced site-specific scheduling to improve overall water efficiency and landscape quality based on the following factors: soil, plant type, slope, sun, shade, etc. Additionally, provide operational and training support for City Staff to maintain and continue system operations; 3) System Upgrades – Install up to 40 new controllers with cellular communication capable of communicating with the Central Irrigation System along street medians west of Dougherty Road in Dublin; and 4) The work will also include up to forty master valve and flow systems that can shut off in the event of an unscheduled flow. It is anticipated that by completing all three measures the City of Dublin park system will reduce water usage by approximately 28 acre-feet per year based on acreage of City maintained landscapes as of July 1, 2023.

Budget Category (a): Project Administration
Task 1: Project Management
Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors.

Deliverables:
• Invoices and associated backup documentation
Task 2: Reporting
Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR.

Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2

DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 91 Grant Agreement No. 4600015378

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Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Not applicable.

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation. Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The following permits are anticipated to be acquired for this project: Encroachment Permit from the City of Dublin
Deliverables:
• Permits as required
Task 7: Design
Design will require: 1) Complete communication connections 2) Complete system programming and optimization 3) Complete plans and specifications for the replacement of irrigation controllers and installation of master-valve/flow sensors.

Deliverables:
• 100% Design Plans and Specifications

Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR’s review and approval.

Deliverables:
• Project Monitoring Plan

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Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements.

Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.

Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. An engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion will be provided to DWR.

Deliverables:
• DWR Certificate of Project Completion
•
Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and Demobilization: Contractor will establish systems, personnel, procure equipment and materials in preparation to complete work. At the end of the project the contractor will complete punchlist and scale down operations to closeout the work. 11(b): Site preparation will include removal of up to 40 existing controllers, excavation and demolition of existing improvements.
11(c): Install, construct, excavate Up to 40 new controllers and up to 40 master valve and flow systems will be installed.
11(d): Improve: The improvements will result in up to 40 new controllers and up to 40 master valve and flow systems being installed.

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Program activities are outlined below:
11(e): Communication Upgrades: Working with the City’s Central System vendor and irrigation consultant identify the issues with communications between the Central System and irrigation controllers. Take corrective measures to ensure operational effectiveness of the system. 11(f): System Optimization and Operations: The City’s irrigation consultant will evaluate twenty- five of the City’s large landscapes and will provide advanced sites-specific scheduling based on soil, plant type, slope, sun, shade et cetera to improve overall water efficiency. 11(g): System Optimization and Operations: The City’s irrigation consultant along with the Central System vendor will provide operation and training support for City Staff to maintain and operate the system on-going.

Deliverables:
• Photographic Documentation of Progress
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PROJECT 2: Citywide Turf Reduction
IMPLEMENTING AGENCY: City of Livermore (City)
PROJECT DESCRIPTION: This project will help the City reduce non-functional turf at various City properties, thereby reducing the demand for potable water. The City anticipates replacing approximately 109,000 square feet of turf in at least five City owned sites. This turf would be replaced with a drought tolerant landscape and incorporate drip irrigation. The project would reduce water demand by approximately 21 acre-feet per year.

Deliverables:
• Quarterly Project Progress Reports
• Project Completion Report
• Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2
Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
Not Applicable.

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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Initial planning has been completed on this project. Five sites have been identified and City staff will work with a consultant to draft initial designs. Conceptual planting designs will be available as part of the Project Monitoring Plan.

Deliverables:
• Site plans
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation. Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
Not applicable
Task 7: Design
The City currently maintains approximately 18.25 acres of turf, with 15.5 acres irrigated with potable water. The remainder is irrigated with reclaimed water.

The landscape designs for the five proposed turf reduction areas (1) City Center Campus, (2) Arroyo Road, (3) East Avenue, (4) Crater Way, and (5) Maintenance Service Center place a specific emphasis on replacing turf with low water use plantings while maintaining aesthetics. In addition, planting strategies such as minimizing clustering, proper tree spacing, and considering full maturity of plants will reduce maintenance requirements and increase plant health.

The landscape design renovations will include updating the irrigation systems from overhead sprays to individual plant bubblers. Irrigation strategies will include isolated lateral lines, drip irrigation and timings. Individual circuits to certain trees or tree clusters will help sustain trees when mandatory water restrictions are required, including further reductions.

Competitive bid contractors would be utilized for the renovations.

Deliverables:
• Final designs
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR’s review and approval.

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Deliverables:
• Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition D.10 – Competitive Bidding and Procurements.

Deliverables:
• DWR Certificate of Project Completion
Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and demobilization is not required for the turf reduction projects. 11(b): Site preparation is minimal and includes turf removal and/or sheet mulching. 11(c): Low water use landscaping and/or ground cover such as mulch will be installed. Drip irrigation will also be installed where necessary at the five identified sites. Excavation will not be required since each site will sheet mulch over existing turf.

Deliverables:
• Photographic Documentation of Progress
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PROJECT 3: Recycled Water Fill Station
IMPLEMENTING AGENCY: City of Livermore
PROJECT DESCRIPTION: This project will construct an automated self-service recycled water fill station that will allow residential customers access to recycled water for irrigation and other non- potable uses. The automated fill station would provide a permanent year-round recycled water source for many residents. This project will increase recycled water use locally by approximately 18 acre-feet per year.

Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Preliminary planning has been completed for this project. A site located at the Water Resources Plant has been identified. A site plan will be available as part of the Project Monitoring Plan.

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Deliverables:
• Site Plan
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation. Prepare letter stating no legal challenges (or addressing legal challenges).

Deliverables:
• All completed CEQA documents as required
• Legal Challenges Letter
Task 6: Permitting
The project will require connection to existing electrical service that may be subject to permits. No other permits will be required to complete this project.

Deliverables:
• Permits as required
Task 7: Design
The fill station location is adjacent to existing roadway at the entrance of the plant. Two fill station machines will be installed. The fill stations will be unmanned with automated access control. The installation will include a trenched connection to existing water supply and electrical service.

Deliverables:
• 100% Design Plans and Specifications

Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR’s review and approval.

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Deliverables:
• Bid Documents
• Proof of Advertisement
• Award of Contract
• Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR.

Deliverables:
• DWR Certificate of Project Completion
• Record Drawings
Task 11: Construction
Construction activities are outlined below.
11(a): Mobilization and Demobilization including preparation of submittals and layout in city provided space near construction site.
11(b): Site preparation will include signage, barricades segregating public from construction site, traffic control, and clearing and grubbing.
11(c): Utility trenching including connecting to existing point of electrical service and water supply, installation of water supply piping, related valves, and meter; conduits and conductors for access control; and backfill compaction and surface restoration. 11(d): Fill station construction including forming and pouring concrete service pads, bollards, signage, and installation of pre-packaged fill station equipment (nozzle, stand, etc.). 11(e): Installation of access control and connection to existing electrical supply.

This project is located at the existing Water Reclamation Facility, so construction impacts will be minimal.

Deliverables:
• Photographic Documentation of Progress
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PROJECT 4: Fire Department Training Water Recirculation System IMPLEMENTING AGENCY: Alameda County Fire Department (ACFD) PROJECT DESCRIPTION: ACFD will purchase four portable training water recirculation systems to incorporate into trainings. These systems will allow the department to train at the required National Fire Protection Association (NFPA) and the fire department standards without excess water loss.

The portable water recirculation systems will allow ACFD to continue to train to the required NFPA standards (flowing at full operational capacity), while recapturing water and recirculating it. Through the training implementation component, the recirculation equipment is estimated to conserve approximately 140 acre-feet per year and improve the readiness of the region’s first responders.

Standard operational guidelines would be developed to modify the training procedures to utilize the portable water recirculating systems.

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Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies
Not applicable.

Task 5: CEQA Documentation
Not applicable.

Task 6: Permitting
Not applicable.

Task 7: Operating Documentation
This project requires modifying ACFD Standard Operating Guidelines for our firefighter and engineer water flow and hydraulics operations. These changes will memorialize the operational use and require how actual water flow, for training purposes, is addressed utilizing these new systems.

Deliverables:
• Updated Operating Guidelines, if requested
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 15 for DWR’s review and approval.

Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. This task must comply with Alameda County’s Procurement Policies and Procedures.

Deliverables:
• Required procurement documentation per Alameda County’s Procurement Policies and Procedures.

Task 10: Construction
The implementing agency will perform the following tasks:

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• Purchase and insert four portable training water recirculation systems into service and incorporate into regular trainings (as feasible) for all battalions o Units will primarily be based at the ACFD regional training center, their portability allows for them to be moved around the regional training center and offsite for different training scenarios and evolutions
• Provide digital project photos pre/post addition of the systems • Collect site-specific data on recirculation equipment savings for program evaluation Deliverables:
• Photographic Documentation of Progress
• DWR Certificate of Project Completion
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EXHIBIT B
BUDGET

AGREEMENT BUDGET SUMMARY

Required Minimum Cost Share: $768,049

PROJECTS Grant Amount
Required
Cost
Share
All
Other
Cost
Total
Cost
Cost
Share
Waiver
1 Dublin Irrigation System
Upgrades
$1,380,000 $460,000 $0 $1,840,000 No
2 Citywide Turf Reduction $262,500 $87,500 $0 $350,000 No 3 Recycled Water Fill Station $300,000 $100,000 $0 $400,000 No 4 Fire Department Training
Water Recirculation System
$300,000 $120,549 $61,647 $482,196 No
GRAND
TOTAL $2,242,500 $768,049 $61,647 $3,072,196

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PROJECT 1: Dublin Irrigation System Upgrades
Implementing Agency: City of Dublin
BUDGET CATEGORY Grant
Amount
Required
Cost Share*
All Other
Cost
Total Cost
(a) Project Administration $0 $5,000 $0 $5,000
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design /
Engineering / Environmental
Documentation
$200,000 $260,000 $0 $460,000
(d) Construction /
Implementation
$1,180,000 $195,000 $0 $1,375,00
TOTAL COSTS $1,380,000 $460,000 $0 $1,840,000
NOTES:
* City of Dublin will provide the cost share.

PROJECT 2: Citywide Turf Reduction
Implementing Agency: City of Livermore
BUDGET CATEGORY Grant
Amount
Required
Cost Share*
All Other
Cost
Total Cost
(a) Project Administration $0 $2,400 $0 $2,400
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design /
Engineering / Environmental
Documentation
$0 $25,000 $0 $25,000
(d) Construction /
Implementation
$262,500 $60,100 $0 $322,600
TOTAL COSTS $262,500 $87,500 $0 $350,000
NOTES:
* City of Livermore will provide the cost share unless other non-state funds are obtained.

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PROJECT 3: Recycled Water Fill Station Implementing Agency Implementing Agency: City of Livermore
BUDGET CATEGORY Grant
Amount
Required
Cost Share*
All Other
Cost
Total Cost
(a) Project Administration $0 $2,400 $0 $2,400
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design /
Engineering / Environmental
Documentation
$0 $25,000 $0 $25,000
(d) Construction /
Implementation
$300,000 $72,600 $0 $372,600
TOTAL COSTS $300,000 $100,000 $0 $400,000
NOTES:
* City of Livermore will provide the cost share unless other non-state funds are obtained.

PROJECT 4: Fire Department Training Water Recirculation System Implementing Agency: Alameda County Fire Department
BUDGET CATEGORY Grant
Amount
Required
Cost Share*
All Other
Cost*
Total Cost
(a) Project Administration $0 $0 $2,196 $2,196
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design /
Engineering / Environmental
Documentation
$0 $0 $0 $0
(d) Construction /
Implementation
$300,000 $120,549 $59,451 $480,000
TOTAL COSTS $300,000 $120,549 $61,647 $482,196
NOTES:
* Alameda County Fire Department will provide the cost share.

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EXHIBIT C

SCHEDULE
PROJECT 1: Dublin Irrigation System Upgrades
BUDGET CATEGORY Start Date End Date
a Project Administration 7/1/2023 9/30/2026
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental
Documentation
7/1/2023 1/1/2025
d Construction / Implementation 6/1/2025 6/31/2026

PROJECT 2: Citywide Turf Reduction
BUDGET CATEGORY Start Date End Date
a Project Administration 8/1/2023 9/30/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental
Documentation
8/1/2023 8/31/2024
d Construction / Implementation 9/1/2024 6/30/2025

PROJECT 3: Recycled Water Fill Station
BUDGET CATEGORY Start Date End Date
a Project Administration 8/1/2023 12/31/2026
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental
Documentation 8/1/2023 12/30/2025
d Construction / Implementation 1/1/2026 11/30/2026

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PROJECT 4: Fire Department Training Water Recirculation System BUDGET CATEGORY Start Date End Date
a Project Administration 3/1/2023 9/1/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental
Documentation N/A N/A
d Construction / Implementation 3/1/2023 6/30/2025

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EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Funding Agreement separately from all other Grantee funds.

Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Funding Agreement shall be deposited in a non-interest-bearing account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Funding Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Funding Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Funding Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Budget Act of 2021 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. A MENDMENT: This Funding Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2.

Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AM
ERICANS WITH DISABILITIES ACT: By signing this Funding Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. A
UDITS: State reserves the right to conduct an audit at any time between the execution of this Funding Agreement and the completion of the Project, with the costs of such audit borne DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 109
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by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may elect to pursue any remedies provided in Paragraph 11 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Funding Agreement with respect of all matters connected with this Funding Agreement, including but not limited to, the cost of administering this Funding Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement.

D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Funding Agreement does not appropriate sufficient funds for this program, this Funding Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Funding Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Funding Agreement and Grantee shall not be obligated to perform any provisions of this Funding Agreement. Nothing in this Funding Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Funding Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Funding Agreement with no liability occurring to State, or offer a Funding Agreement amendment to Grantee to reflect the reduced amount.

D.7. C
EQA: Activities funded under this Funding Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 10.

D.8. CHI
LD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 110
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B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.9. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.10. CO
MPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources- List-Folder/State-Contracting.

D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Funding Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.12. CO
NFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment.

No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

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C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)
D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.13. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Funding Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.14. D
ISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.15. DRUG-F
REE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.

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D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Funding Agreement, an appropriate easement or other title restriction providing for floodplain preservation and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Funding Agreement.

D.18. G
RANTEE 'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A (Work Plan) and in accordance with Project Exhibit B (Budget) and Exhibit C (Schedule).

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Funding Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Funding Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Funding Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

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H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.19. GOVERNING LAW: This Funding Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.20. I NDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.21. I
NDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Funding Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.22. I
NSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Funding Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.23. I
NSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

D.24. L
ABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self- insurance, and the Grantee affirms that it will comply with such provisions before commencing DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 114
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the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

D.25. M ODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non- material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non- material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.26. NONDISCRIMINATION: D
uring the performance of this Funding Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, gender identity, and denial of medial and family care leave or pregnancy disability leave.

Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

Grantee s
hall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.27. O
PINIONS AND DETERMINATIONS: Where the terms of this Funding Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.28. PERFORMANCE BOND:

Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Civ. Code, § 9550, et seq.; Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.29. PRIORITY HIRING CONSIDERATIONS: I
f this Funding Agreement includes services in
excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Funding Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

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D.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Funding Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

D.31. PR
OJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.32. R
EMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State.

The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

D.33. R EMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Funding Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.34. RE
TENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project.

D.35. RI GHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Funding Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Funding Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.36. SEVER
ABILITY: Should any portion of this Funding Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Funding Agreement shall continue as modified.

D.37. SU
SPENSION OF PAYMENTS: This Funding Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Funding Agreement.

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D.38. SUCCESSORS AND ASSIGNS: This Funding Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Funding Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.39. T
ERMINATION BY GRANTEE : Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.40. T ERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, the State may terminate this Funding Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Funding Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 11.

D.41. T
ERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.42. T RAVEL: Travel includes the reasonable and necessary costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Funding Agreement.

Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources for excluded employees. These rates may be found at: https://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx.

Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State.

D.43. T
HIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.44. T
IMELINESS: Time is of the essence in this Funding Agreement.

D.45. UNION ORGANIZING: Grantee, by signing this Funding Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Funding Agreement. Furthermore, Grantee, by signing this Funding Agreement, hereby certifies that:

A. No State funds disbursed by this Funding Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Funding Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.46. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 117
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Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.47. WAIVER OF RIGHTS: None of the provisions of this Funding Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Funding Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Funding Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

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EXHIBIT E

AUTHORIZING RESOLUTION

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EXHIBIT F

REPORT FORMATS AND REQUIREMENTS

The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:
• Percent complete (by work)
• Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended.
• Scheduling concerns and issues encountered that may delay completion of the task.

For each project, discuss the following at the project level, as organized in Exhibit A:
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Any schedule or budget modifications approved by DWR during the reporting period.

PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.

Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:
• Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment.

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
• Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 121
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• Final project schedule showing actual progress versus planned progress as shown in Exhibit C
Additional information that may be applicable for implementation projects includes the following:
• Record drawings
• Final geodetic survey information
• Project photos
Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and
o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

Additional Information
• Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post-Performance Report.

GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:
• Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.
• Brief discussion whether the level, type, or magnitude of benefits of each project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; and a summary of final funds disbursement for each project.

Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.

POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B 122
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Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:

Reports and/or products
• Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source
o Report number

• Post- Performance Report schedule
• Time period of the annual report (e.g., January 2018 through December 2018) • Project Description Summary
• Discussion of the project benefits
• An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre-feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.
• Any additional information relevant to or generated by the continued operation of the project.

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EXHIBIT G

REQUIREMENTS FOR DATA SUBMITTAL

Surface and Groundwater Quality Data:

If applicable, groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org .

If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at:
https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program. A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at:
http://www.water.ca.gov/waterdatalibrary/.

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EXHIBIT H

STATE AUDIT DOCUMENT REQUIREMENTS

AND COST SHARE REQUIREMENTS FOR THE GRANTEE
The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond-funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

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4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.

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EXHIBIT I

LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS). LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: Dublin Irrigation System Upgrades Sponsor Agency: City of Dublin
Agency Address: 100 Civic Plaza, Dublin CA 94568
Project Location: Dublin, CA 94568

Local Project Sponsor Agency Designation

Sponsored Project: Project 2: Citywide Turf Reduction
Sponsor Agency: City of Livermore
Agency Address: 3500 Robertson Park Road
Project Location: Livermore, CA 94550

Local Project Sponsor Agency Designation

Sponsored Project: Project 3: Recycled Water Fill Station Sponsor Agency: City of Livermore
Agency Address: 101 West Jack London Blvd.

Project Location: Livermore, CA 94551

Local Project Sponsor Agency Designation

Sponsored Project: Project 4: Fire Department Training Water Recirculation System Sponsor Agency: Alameda County Fire Department
Agency Address: 6363 Clark Ave., Dublin, CA 94568
Project Location: Castro Valley, Dublin, Newark, San Leandro, and Union City, CA.

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EXHIBIT J

APPRAISAL SPECIFICATIONS
For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below.

Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

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13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17. Subject property leasing and operating cost history, including all items of income and expense.

18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit.

Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.

21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22. All approaches to market value applicable to the property type and in the subject market.

Explain and support the exclusion of any usual approaches to value.

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23. Map(s) showing all comparable properties in relation to the subject property.

24. Photographs and plat maps of comparable properties.

25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source.
b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition.

An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.

30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31. Implied dedication statement.

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32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33. Discussion of any departures taken in the development of the appraisal.

34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area.
b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

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EXHIBIT K

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved. • N
ame and Address of Title Company Handling the Escrow
• Escrow Number
• Name of Escrow Officer
• Escrow Officer’s Phone Number
• Dollar Amount Needed to Close Escrow
• Legal Description of Property Being Acquired
• Assessor’s Parcel Number(s) of Property Being Acquired • Copy of Title Insurance Report
• Entity Taking Title as Named Insured on Title Insurance Policy • Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes • Copy of Final Escrow Instructions
• Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
• Copy of Deed for Review Purposes Prior to Recording
• Copy of Deed as Recorded in County Recorder’s Office
• Copy of Escrow Closure Notice
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EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
I
ntroduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
• What are the anticipated project physical benefits?
• What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured?
• What are baseline conditions?
• When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.
• How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
• Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
• How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
• What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
• What is the anticipated life of the project?
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EXHIBIT M

INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:
• There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors.
• A “fully-burdened labor rate” can be used to capture allowable administrative costs. • The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Generic markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed
La
bor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.

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Attachment 2: LPS Resolution
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Attachment 3
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

AUTHORIZING THE PURCHASE OF IRRIGATION CONTROLLERS FROM SITEONE

LANDSCAPE SUPPLY, LLC
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7) submitted a grant application to the State of California Department of Water Resources (DWR) Urban Community Drought Relief Program in November 2022 and included proposals from several local project sponsors in the Livermore-Amador Valley, including the City of Dublin; and WHEREAS, in June 2023, DWR awarded Zone 7 $2,242,500 of grant funds, which includes $1,380,000 in grant funds for the City of Dublin Irrigation System Upgrades project; and WHEREAS, the City of Dublin Irrigation System Upgrades project includes the purchase and installation of irrigation controllers; and
WHEREAS, SiteOne Landscape Supply, LLC, is a local distributor of The Toro Company products and services, including irrigation controllers needed for the Irrigation System Upgrades project; 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, The Toro Company has a valid contract with Sourcewell, attached hereto as Exhibit A, which meets the Municipal Code provision for a publicly bid agreement; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of purchased items with a cost greater than or equal to $45,000; and WHEREAS, the cost of supplying irrigation controllers and related appurtenances under the cooperative purchasing agreement from SiteOne Landscape Supply, LLC will not exceed $650,000 for the Irrigation System Upgrades, CIP No. GI0224.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to purchase The Toro Company irrigation controllers and related irrigation equipment from authorized distributor SiteOne Landscape Supply, LLC, in an amount not to exceed $650,000, under a purchasing contract publicly bid by Sourcewell, attached hereto as Exhibit A to this Resolution.
{Signatures on the following page}
136
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Solicitation Number: RFP #031121

CONTRACT
This Con
tract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Toro Company, 8111 Lyndale Avenue South, Bloomington, MN 55420 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires April 30, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

Attachment 4
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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended for the duration of Vendor’s written warranty for such item. Other than the warranties in this paragraph and Vendor’s express written warranty for its product, Vendor expressly disclaims all other warranties, express or implied. Vendor agrees to work with its dealers and distributors to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be

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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and

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x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance,

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Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:

x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be

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mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

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F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including injury or death to persons or property and attorneys’ fees, alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications and operating instructions.

12. GOVERNMENT DATA PRACTICES

Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

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3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE

Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

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15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. A Party will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

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19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 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 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing

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regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. 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 C.F.R. § 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 by Department of Labor regulations (29 C.F.R. § 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. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. 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 C.F.R. § 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 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. 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. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

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D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient 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 recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require 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). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 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 Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have 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. Vendors must 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. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

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H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must 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.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). 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. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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 during 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.

22. CANCELLATION

Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

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Sourcewell The Toro Company

By: __________________________ By: __________________________ Jeremy Schwartz Brad Hamilton
Title: Chief Procurement Officer Title: Group VP

Date: ________________________

Date: ________________________
Approved:

By: __________________________

Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 031121 Vendor Name: The Toro Company

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Bid Number: RFP 031121 Vendor Name: The Toro Company

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Bid Number: RFP 031121 Vendor Name: The Toro Company

177
Sourcewell Contract #031121-TTC | Amendment #1

Page 1 of 2 ends

Dublin City CouncilFebruary 6, 2024

Dublin City Council
February 6, 2024