Livermore City Council
March 25, 2024

CITY COUNCIL
AGENDA
MONDAY, MARCH 25, 2024
REGULAR MEETING – 7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda March 25, 2024
1 1. CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Confirm Advisory Body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and City Historian, and direct the City Clerk to administer the oath of office.

Recommendation:

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, and the Library Board of Trustees and direct the City Clerk to administer the oath of office.

The Historic Preservation Commission recommends the City Council appoint Alan Frank as the City Historian.

Staff Report

3.2 Proclamation declaring March 2024 as March for Meals (#SaveLunch) Month, presented to Carrie Oldes, Spectrum's Meals on Wheels program manager.

Recommendation:

Staff recommends City Council declare March 2024 March for Meals (#SaveLunch) Month.

Staff Report
Attachments:

1. Proclamation

4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.

To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may

ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Brittni Kiick
Vice Mayor Robert W. Carling
Mayor John Marchand

PLEDGE OF ALLEGIANCE
Livermore City Council Agenda March 25, 2024
2 reduce the amount of time based on the number of persons wishing to speak.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and ecomment submissions prior to the meeting as well as live comments during the meeting).

5.1 Approval of draft minutes - March 11, 2024 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. DRAFT 2024-03-11

5.2 Resolution authorizing the execution of an agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of a threeyear agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.

Staff Report
Attachments:

1. TectaAmerica Proposal

2. TectaAmerica Award Letter

3. TectaAmerica 5th Year Renewal Letter 2024

4. Resolution

5. Exhibit A - Agreement

5.3 Resolution authorizing execution of an agreement with the Alameda County Flood Control and Livermore City Council Agenda March 25, 2024
3 Water Conservation District, Zone 7 for participation in the 2022 Urban Community Drought Relief Local Projects Grant Program.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Alameda Flood Control and Water Conservation District, Zone 7 for participation in the Urban Community Drought Relief Local Project Grant Program.

Staff Report
Attachments:

1. Award Letter

2. Resolution

3. Exhibit A - Agreement

5.4 Resolution authorizing execution of a purchase order with Belkorp Ag. LLC, for two John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with Belkorp Ag. LLC for two replacement John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.

Staff Report
Attachments:

1. John Deere Construction Sourcewell Contract

2. Belkorp AG. LLC Quotation

3. Resolution

5.5 Resolution authorizing execution of a first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC.

Recommendation:

Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC as agreed upon in the Settlement Agreement and Lease Amendment dated February 29, 2024.

Staff Report
Attachments:

1. Resolution

2. Exhibit A - First Amendment

5.6 Resolution approving the 2024 City of Livermore State and Federal Legislative Platform Recommendation:

Staff recommends the City Council adopt a resolution approving the 2024 City of Livermore State and Federal Legislative Platform.

Livermore City Council Agenda March 25, 2024
4 Staff Report
Attachments:

1. Draft 2024 Legislative Platform - Redlined

2. 2024 TVC Legislative Framework

3. Resolution

4. Exhibit A - Draft 2024 Legislative Platform

6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

6.1 Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Needs Allocation (RHNA), pursuant to Government Code Section 65400.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the 2023 General Plan Housing Element Annual Progress Report.

Staff Report
Attachments:

1. 2024 Affordable For-Sale Prices and Rental Rates

2. 2023 Building Permit Activity Summary

3. 2023-2031 RHNA Progress

4. Resolution

5. Exhibit A - 2023 Annual Progress Report

6.2 Resolution authorizing, approving, and adopting an amended Permanent Local Housing Allocation (PLHA) program five-year plan to reallocate funds to support the shelter and housing assistance provided at Vineyard 2.0 as well as rental assistance provided by City Serve, and authorizing the City Manager to apply for PLHA funds from the State Department of Housing and Community Development in an amount not-to-exceed $1,251,240 and execute grant agreements consistent with the program activities defined in the amended PLHA 2019- 2023 plan.

Recommendation:

Staff recommends that the City Council adopt two resolutions:

1. Authorizing, approving, and adopting an amended PLHA Plan for 2019-2023 allocations, which is attached to the resolution as Exhibit A;

2. Authorizing the City Manager, or her designee, to execute the PLHA program application for the 2023 PLHA NOFA, the PLHA standard agreement, and any subsequent amendments or modifications thereto, as well as any other documents that are related to the PLHA program or the PLHA grant awarded to the City of Livermore;

3. Authorizing the City Manager to accept and appropriate the allocations for the amended PLHA plan if awarded in an amount not-to-exceed $1,251,240, and directing the City Manager or her designee, to sign and submit Fund Requests and all required reporting Livermore City Council Agenda March 25, 2024
5 forms and other documentation as may be required by the State of California in connection with the grant; and

4. Authorizing the City Manager or her designee to sign all documents related to the execution of grant agreements with subgrantees receiving allocations of funds from the CA State Housing and Community Development PLHA program, including the selection of, and contracting with, service providers in amounts exceeding $100,000, consistent with the allowable activities in the PLHA program.

Staff Report
Attachments:

1. HCD Authorizing Resolution

2. Resolution

3. Exhibit A - Amended 2019-2023 PLHA Plan

6.3 Hearing to consider a request for an Annexation/Prezoning, Pre-Annexation and Development Agreements, General Plan Amendment, Zoning Map Amendment, Development Code Amendment, Vesting Tentative Parcel Map, Vesting Tentative Tract Map, Planned Development, and Site Plan Design Review for the SMP 39 and 40 Project to zone for and develop light industrial uses near the northwest part of the City.

Recommendation:

Planning Commission and staff recommend the City Council take the following actions to authorize the future development of light industrial buildings on the SMP 39 and SMP 40 properties:

1. Adopt a resolution certifying the Final Environmental Impact Report for the SMP 39/SMP 40 Project and adopting California Environmental Quality Act Findings, A Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program;

2. Adopt a resolution approving General Plan Amendment (GPA) 21-001, Vesting Tentative Parcel Map (SUB) 21-008, Vesting Tentative Tract Map (SUB) 21-009, and Site Plan Design Review (SPDR) 21-008;

3. Introduce an ordinance and waive the first reading pre-zoning the SMP 39 and SMP 40 properties to Planned Development - Industrial (PD-I) 22-001 and the Additional Annexation Only Parcels to Open Space - Floodplain (OS-F) consistent with Planned Development - Industrial (PD-I) 22-001, Zoning Map Amendment (ZMA) 21-002, and Development Code Amendment (DCA) 21-005;

4. Introduce an ordinance and waive the first reading authorizing execution of PreAnnexation and Development Agreement (DA) 21-001;

5. Introduce an ordinance and waive the first reading authorizing execution of PreAnnexation and Development Agreement (DA) 23-002; and

6. Adopt a resolution authorizing submittal of an application to LAFCo for a Sphere of Influence and Annexation modification consistent with Annexation and Prezoning (APZ) 21-003.

Staff Report
Attachments:

1. Staff Analysis
Livermore City Council Agenda March 25, 2024
6 2. Planning Commission Staff Report

3. Planning Commission Supplemental Materials

4. Draft Planning Commission Minutes

5. Approximate Site Boundaries Map

6. Proposed Sphere of Influence Amendment Area

7. Proposed Annexation Area

8. SMP 39 Development Plans

9. SMP 40 Development Plans

10. Proposed Trail Connection Options

11. SMP 39-SMP 40 Project Environmental Documents

12. Resolution - CEQA EIR

13. Exhibit A - Planning Commission Resolution CEQA EIR

14. Exhibit B - Final EIR for the SMP 39-SMP 40 Project

15. Exhibit C - Findings Facts in Support of Findings and Statement of Overriding Considerations

16. Exhibit D - Mitigation Monitoring and Report Program for the SMP 39-SMP 40 Project

17. Exhibit E - Response to Comments Memorandum and Erratum

18. Resolution - Project Approval

19. Exhibit A - Planning Commission Resolution - Project Approval

20. Exhibit B - General Plan Amendment (GPA) 21-001

21. Exhibit C - Conditions of Approval

22. Ordinance - APZ,PD,ZMA,DCA

23. Exhibit A - Planning Commission Resolution - Project Approval

24. Exhibit B - Zoning Map Amendment (ZMA) 21-002

25. Exhibit C - Draft Planned Development Zoning

26. Ordinance - SMP 39 Development Agreement

27. Exhibit A - SMP 39 Development Agreement

28. Exhibit B - Planning Commission Resolution - Project Approval

29. Ordinance - SMP 40 Development Agreement

30. Exhibit A - SMP 40 Development Agreement

31. Exhibit B - Planning Commission Resolution - Project Approval

32. Resolution - Application to LAFCo

33. Exhibit A - Annexation Boundary Map - SMP 39

34. Exhibit B - Annexation Boundary Map - SMP 40

35. Exhibit C - SMP 39 - 40 Draft Tax Exchange Agreement

7. MATTERS FOR CONSIDERATION - NONE.

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT
To a Special City Council meeting on April 1, 2024 at 5:00 pm and a Regular City Council meeting on Monday, April 15, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

Livermore City Council Agenda March 25, 2024
7 10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Supplemental Materials

10.2 Supplemental materials received at the meeting.

Staff Report
Attachments:

1. Items Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:

Open Forum is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Public Hearings - The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.

Other Agenda Items are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.

Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may Livermore City Council Agenda March 25, 2024
8 be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.

TV29: tv29live.org Comcast Cable 29
YouTube: http://youtube.com/c/CityofLivermoreCalifornia If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.

Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

Livermore City Council Agenda March 25, 2024
9 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Confirm Advisory Body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and City Historian, and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION
The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, and the Library Board of Trustees and direct the City Clerk to administer the oath of office.

The Historic Preservation Commission recommends the City Council appoint Alan Frank as the City Historian.

SUMMARY
On March 6 and 7, 2024, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and have submitted their recommendation for City Council consideration and appointment.

On March 7, 2024 the Historic Preservation Commission interviewed applicants for City Historian and recommends Alan Frank for appointment to the position of City Historian.

DISCUSSION
On March 6 and 7, 2024, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Airport Commission, the Alameda County Mosquito Abatement District Board of Trustees, Beautification Committee, Commission for the Arts, Historic Preservation Commission, Library Board of Trustees, and recommends confirmation of the following appointments:
10 Historic Preservation Commission 2 Vacancies
Appointment to a regular term ending May 1, 2028
Fred Cullum
Appointment to an unexpired and regular term ending May 1, 2028.

Neal Pann
Alameda County Mosquito Abatement District Board of Trustees 1 Vacancy Appointment to an unexpired term ending January 1, 2027.

Maya Manoharan
Commission for the Arts 1 Vacancy
Appointment to an unexpired term ending January 1, 2025 Thomasin Dewhurst
Livermore Airport Commission 1 Vacancy (Pilot)
Appointment to an unexpired term ending November 1, 2027.

David Farley
Library Board of Trustees 1 Vacancy
Reappointment to a regular term ending June 1, 2027
Richard Hunt
Beautification Committee 5 Vacancies
Appointment to regular terms ending June 1, 2028
Kat Weiss
Ann Brown
Appointment to an unexpired term ending June 1, 2027
Andrew Wang
Appointments to unexpired and regular term ending June 1, 2028 Ron Kraft
Tom Bradley
On March 7, 2024 the Historic Preservation Commission interviewed applicants for City Historian and recommends confirmation of the following appointment:

City Historian 1 Vacancy
Appointment to an unexpired term ending February 1, 2026 Alan Frank
Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.

FISCAL AND ADMINISTRATIVE IMPACTS
11 No material fiscal or administrative impacts result from confirmation of these appointments.

COMMUNITY PILLAR
5: A City That Works
GOAL
2: Engage effectively with the City's advisory bodies

ATTACHMENTS
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Proclamation declaring March 2024 as March for Meals (#SaveLunch) Month, presented to Carrie Oldes, Spectrum's Meals on Wheels program manager.

RECOMMENDED ACTION
Staff recommends City Council declare March 2024 March for Meals (#SaveLunch) Month.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation
Prepared by: Stephanie Egidio
Assistant to the City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 14
CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Approval of draft minutes - March 11, 2024 Regular Meeting.

RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-03-11
Prepared by: Debbie Elam
Acting City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 MARCH 11, 2024 Minutes CM/75/1

CITY COUNCIL
MARCH 11, 2024
________________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning and, Brittni Kiick.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Commission for the Arts annual update presented by Chair Cathleen deOrnelas.

Chair Cathleen deOrnelas presented the Commission for the Arts annual update.

3.2 Proclamation declaring March 2024 American Red Cross Month, presented to Kane Wong and Zel Helstrom, volunteers from the American Red Cross Alameda County Disaster Program.

Mayor Marchand presented a proclamation to Tim Allen and Zel Helstrom, volunteers from the American Red Cross Alameda County Disaster Program declaring March 2024 American Red Cross Month.

4. OPEN FORUM
Mayor Marchand opened the public comment period.

David McGuigan, provided a comment.

Shirley Lewandowski, provided a comment.

Greg Scott, provided a comment.

Doug Mann, provided a comment.

Michele Howard, provided a comment.

ATTACHMENT 1
16 CM/75/2 Minutes MARCH 11, 2024
There were no more speakers, and the public comment period was closed.

5. CONSENT CALENDAR
Items 5.1 and 5.2 were removed from the Consent Calendar for separate action.

Mayor Marchand opened the public comment period.

Item 5.7 Greg Scott, provided a comment.

There were no more speakers, and the public comment period was closed.

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS, AND CARRIED ON A 4-0 VOTE. THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1. MAYOR MARCHAND ABSTAINED DUE TO HIS ABSENCE AT THE MEETING OF FEBRUARY 12, 2024.

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER BARRIENTOS, AND CARRIED ON A 4-0 VOTE. THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.2. COUNCIL MEMBER

KIICK ABSTAINED DUE TO HER ABSENCE AT THE MEETING OF FEBRUARY 26, 2024.

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.3 - 5.9

5.1 Reapproval of draft minutes - February 12, 2024, Regular Meeting.

5.2 Approval of draft minutes - February 26, 2024, Regular Meeting.

5.3 Adoption of Ordinance 2154 amending Livermore Municipal Code (LMC) Chapter 5.50 Tobacco Retailer Licensing.

5.4 Resolution 2024-028 authorizing execution of the third amendment to the agreement between the City of Livermore and Alameda County accepting grant funding from the County of Alameda, Probation Department for mental health services provided by Horizons Family Counseling, for the term of January 1, 2024 through June 30, 2024, with a total amount not-to-exceed $381,300.

5.5 Resolution 2024-029 authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the 2020 Multi Use Trail Repair Project 2018-20.

5.6 Resolution 2024-030 declaring parcels within the City which contain weeds, refuse, rubbish, and/or dirt a public nuisance requiring abatement, directing staff to proceed with the annual Fire Hazard Abatement Program, and set a public ATTACHMENT 1
17 MARCH 11, 2024 Minutes CM/75/3
hearing date of April 15, 2024, to receive protests and direct staff to proceed with field abatement work.

5.7 Resolution 2024-031 of continued local emergency in response to impacts from a series of severe storm events last year.

5.8 Resolution 2024-032 authorizing he adoption of the January 2024 TriValley Local Hazard Mitigation Plan update.

5.9 Resolution 2024-033 adopting a Sponsorship Policy establishing criteria and process for acceptance of sponsorships.

6. PUBLIC HEARINGS

6.1 Hearing to consider a resolution approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2023-24 Action Plan, authorizing the City Manager to negotiate and execute any related documents, and approving a supplemental appropriation in the amount of $76,000 of Community Development Block Grant funds.

Recommendation: Staff recommended the City Council adopt a resolution:

1. Approving the first substantial amendment to the City’s FY 2023-24 Annual Action Plan;

2. Authorizing the City Manager, or her designee, to negotiate and execute any documentation, agreements, and amended agreements with the U.S Department of Housing and Urban Development and Tri-Valley Haven for Women that are necessary and appropriate to carry out the purpose and intent of this resolution and effectuate the First Substantial Amendment to the City’s FY 2023-24 Annual Action Plan;

3. Approving a supplemental appropriation in the amount of $76,000 from the Community Development Block Grant Fund (Fund 613); and

4. Authorizing City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the First Substantial Amendment to the City’s FY 2023-24 Annual Action Plan.

Management Analyst, Amy Walker presented the staff report.

Mayor Marchand opened the public hearing.

Greg Scott, provided a comment.

There were no more speakers, and the hearing was closed.

ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

ATTACHMENT 1
18 CM/75/4 Minutes MARCH 11, 2024
Resolution 2024-034 approving the first substantial amendment to the City of Livermore’s U.S. Department of Housing and Urban Development Fiscal Year 2023-24 Action Plan; authorizing the City Manager to negotiate and execute all related documents; and approving a supplemental appropriation of $76,000 from the Community Development Block Grant Fund.

7. MATTERS FOR CONSIDERATION - NONE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL

MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.

Arukah House, Council Member Carling noted his attendance at the fundraiser on March 10, 2024.

9. ADJOURNMENT – at 8:08 pm to a Special City Council Meeting on Monday, March 18, 2024 and a Regular City Council Meeting on Monday, March 25, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S.

Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST: ___
DEBORAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
19 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing the execution of an agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the execution of a three-year agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica to provide annual and semi-annual roof inspections, preventative maintenance, gutter cleaning and roof repair services for City owned buildings in an amount not-to-exceed $700,000 for a three-year term ending March 31, 2027.

SUMMARY
The City currently uses a roofing company to provide inspection and on-call repair services for all Cityowned buildings. In order to ensure that the roofs of all City-owned buildings continue to be maintained properly, staff recommends entering into an agreement with Roofing Constructors, Inc. dba Western Roofing Services, a subsidiary of TectaAmerica (Western Roofing) for these services.

DISCUSSION
The current agreement with Western Roofing to perform roofing services has expired. A new agreement is required to provide annual and semi-annual roof inspections, preventative maintenance services, gutter cleaning, roof on-call repair services and emergency leak services for roofs of all City-owned buildings.

Western Roofing holds a National Cooperative Purchasing Alliance (now OMNIA Partners) agreement # 02-75. Livermore Municipal Code Section 2.68.370 permits the formal bidding procedure for supplies, equipment, and general services to be dispensed with when purchased through a cooperative purchasing arrangement.
20 In such cases, the supplies and services subject to the agreement or program and the underlying purchase must have been made using a quotation or bid procedure at least as restrictive as the City’s procedure. The City is a member of OMNIA Partners and this cooperative purchasing process meets the requirements of the Livermore Municipal Code.

FISCAL AND ADMINISTRATIVE IMPACTS
The total not-to-exceed cost for this three-year agreement is $700,000 which is currently budgeted in a variety of operating funds including various short keys in the General Fund, Airport, and Water funds.

COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. TectaAmerica Proposal

2. TectaAmerica Award Letter

3. TectaAmerica 5th Year Renewal Letter 2024

4. Resolution

5. Exhibit A - Agreement
Prepared by: Marisa Gan
Acting Public Works Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
21 Due Date: Tuesday, November 19, 2019
2:00 pm CST
PROPOSALs
Job Order Contracting (JOC) Services
RFP #28-19
ATTENTION:

Region 14 Education Service Center
Attn: Matthew Mackel
1850 Highway 351
Abilene, TX 79601
SUBMITTED BY:

Tecta America Corp
Andy Carr, National Cooperative Contracts Manager
[email protected]
9450 Bryn Mawr, Suite 500
Rosemont, IL 60018
P: 708-451-0743
Request for Proposal (RFP)
National Cooperative Purchasing Alliance
ESC – Region 14
~ TECTAAMERICA NC
Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
22 Tab 1 – Master Agreement
General Terms and Conditions
¨ Customer Support
Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
¨ Disclosures
Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
¨ Renewal of Contract
Ø Unless otherwise stated, all contracts are for a period of four (4) years with an option to renew annually for an additional three (3) years if agreed to by Region 14 ESC and the vendor.
¨ Funding Out Clause
Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ¨ Shipments (if applicable)
Ø The awarded vendor shall ship ordered products within the written estimate of delivery time by the vendor to the entity after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date.

At this point the participating entity may cancel the order if estimated shipping time is not acceptable. All deliveries shall be freight prepaid, F.O.B. destination. ¨ Tax Exempt Status
Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

ATTACHMENT 1
23 ¨ Payments
Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates as long as written request and approval by NCPA is provided to the awarded vendor.
¨ Adding authorized distributors/dealers
Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA.

Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.
¨ Pricing
Ø All pricing submitted to shall include, as a cost of sale to the awarded vendor, the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA. For those pricing requiring annual or periodic pricing updates, awarded vendors are expected to provide these changes as submitted.

Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
¨ Warranty
Ø Proposals should address each of the following:
§ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
§ Availability of replacement parts
§ Life expectancy of equipment under normal use
§ Detailed information as to proposed return policy on all equipment Ø All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. ¨ Administrative Fee
Ø All pricing submitted to Region 14 ESC shall include the administrative fee to be remitted to NCPA by the awarded vendor.

Ø The awarded vendor agrees to pay administrative fees to NCPA of three percent (3%).

ATTACHMENT 1
24 ¨ Audit rights
Ø Vendor shall, at Vendor’s sole expense, maintain appropriate due diligence of all purchases made by any entity that utilizes this Agreement. NCPA and Region 14 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In the State of New Jersey, this audit right shall survive termination of this Agreement for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.

Ø Region 14 ESC shall have the authority to conduct random audits of Vendor’s pricing that is offered to eligible entities at Region 14 ESC's sole cost and expense. Notwithstanding the foregoing, in the event that Region 14 ESC is made aware of any pricing being offered to eligible agencies that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Vendor’s pricing at Vendor’s sole cost and expense. Region 14 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 14 ESC or NCPA. ¨ Indemnity
Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
¨ Licenses and Duty to keep current licenses
Ø Vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by vendor. Vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the contract. Region 14 ESC reserves the right to stop work and/or cancel the contract of any vendor whose license(s) expire, lapse, are suspended or terminated. Vendor is expected to provide all required license(s) with this RFP response.
¨ Franchise Tax
Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
¨ Supplemental Agreements
Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ¨ Certificates of Insurance
Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is ATTACHMENT 1
25 being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations
Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest
Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. No protest shall lie for a claim that the selected Vendor is not a responsible Bidder. Protests shall be filed with Region 14 ESC and shall include the following:
§ Name, address and telephone number of protester
§ Original signature of protester or its representative § Identification of the solicitation by RFP number
§ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
Ø Any protest review and action shall be considered final with no further formalities being considered.
¨ Force Majeure
Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the ATTACHMENT 1
26 demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
¨ Prevailing Wage
Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.
¨ Miscellaneous
Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
¨ Cancellation for Non-Performance or Contractor Deficiency Ø Region 14 ESC may terminate any contract if awarded vendor has not used the contract, or if purchase volume is determined to be low volume in any 12-month period.

Ø Region 14 ESC reserves the right to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of the contract.

Ø Region 14 ESC may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
¨ Providing material that does not meet the specifications of the contract; ¨ Providing work and/or material that was not awarded under the contract; ¨ Failing to adequately perform the services set forth in the scope of work and specifications;
¨ Failing to complete required work or furnish required materials within a reasonable amount of time;
¨ Failing to make progress in performance of the contract and/or giving Region 14 ESC reason to believe that contractor will not or cannot perform the requirements of the contract;
Ø Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to Region 14 ESC. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become the property of Region 14 ESC on demand.
¨ Open Records Policy
Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-bypage and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the ATTACHMENT 1
27 opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

If awarded vendor is going to do business in the State of Arizona, the following terms and conditions shall apply
¨ Cancellation for Conflict of Interest
Ø Per A.R.S. 38-511 a School District/public entity may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of the School District/public entity is, or becomes at any time while the Contract or an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the awarded vendor receives written notice of the cancellation unless the notice specifies a later time.
¨ Registered Sex Offender Restriction
Ø Pursuant to this order, the awarded vendor agrees by acceptance of this order that no employee of the awarded vendor or a subcontractor of the awarded vendor, who has been adjudicated to be a registered sex offender, will perform work on any School District’s premises or equipment at any time when District students are, or are reasonably expected to be, present. The awarded vendor further agrees by acceptance of this order that a violation of this condition shall be considered a material breach and may result in a cancellation of the order at the District's discretion. ¨ Contract’s Employment Eligibility
Ø By entering the contract, awarded vendor warrants compliance with A.R.S. 41-4401, A.R.S. 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. A School District/public entity may request verification of compliance from any contractor or subcontractor performing work under this contract.

A School District/public entity reserves the right to confirm compliance in accordance with applicable laws. Should the School District/public entity suspect or find that the awarded vendor or any of its subcontractors are not in compliance, the School District/public entity may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the awarded vendor. All costs necessary to verify compliance are the responsibility of the award vendor.
¨ Terrorism Country Divestments
Ø Per A.R.S. 35-392, a School District/public entity is prohibited from purchasing from a company that is in violation of the Export Administration Act.

ATTACHMENT 1
28 ¨ Fingerprint Checks
Ø If required to provide services on School District/public entity’s property, awarded vendor shall comply with A.R.S. 15-511(h).
¨ Indemnification
Ø Notwithstanding all other provisions of this agreement, School District/public entity does not agree to accept responsibility, waive liability, or indemnify the awarded vendor, in whole or in part, for the errors, negligence, hazards, liabilities, contract breach and/or omissions of the awarded vendor, its employees and/or agents.

ATTACHMENT 1
29 Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor(s) whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
¨ Contract Administration
Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
¨ Contract Term
Ø The contract term will be for four (4) years starting from the date of the award. The contract may be renewed for up to three (3) additional one-year terms or any combination of time equally not more than 3 years.

Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver
Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions
Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP and has written approval of NCPA and Region 14ESC. ¨ Competitive Range
Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions
Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.
¨ Estimated Quantities
Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is 20 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation
ATTACHMENT 1
30 ¨ Evaluation
Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
¨ Formation of Contract
Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
¨ NCPA Administrative Agreement
Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
¨ Clarifications / Discussions
Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.

Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondents are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.
¨ Multiple Awards
Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
¨ Past Performance
Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

ATTACHMENT 1
31 Evaluation Criteria
¨ Product & Services/Pricing (40 points)
Ø Respondent(s)’ products and services (e.g.; quality and breadth of product(s)/service(s), description(s) quality, reputation in the marketplace, average on time delivery rate and historical shipping timelines, return and restocking policies and applicable fees, average Fill Rate, shipping charges and other)
Ø Competitive Level of Pricing for vendor’s available products and services Ø Warranties on Respondent(s)’ products and services (e.g.; availability of standard/extended warranties, pricing, detailed descriptions, ease of process and others) Ø Evidence of the ability of Respondent(s)’ products and services to save members time and money (e.g.; breadth of service departments, technological advances, personnel experience, product(s) efficiencies, and others)
Ø Other factors relevant to this section as submitted by the responder(s) ¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Response to emergency orders & service (e.g.; response time, breadth of service coverage, strength of meeting service and warranty needs of members) Ø Customer service/problem resolution (e.g.; technical abilities of service personnel; quality of processes,)
Ø Invoicing process (e.g.; ease of use; transparency, billing resolutions) Ø Respondent(s)’ processes, and quality of organizational structure Ø Contract implementation/Customer transition
Ø Financial condition of vendor
Ø Offeror’s safety record (e.g.; benchmarks, lost hours, reporting) Ø Instructional materials and training (e.g.; administrative documentation, internal technical training, training of agencies)
Ø Other factors relevant to this section as submitted by the proposer ¨ References (10 points)
Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
¨ Qualification and Experience (15 points)
Ø Respondent(s)’ reputation in the marketplace
Ø Past relationship with Region 14 ESC and/or NCPA members Ø Experience with cooperative selling (e.g.; number of other cooperatives, Exhibited understanding of cooperative purchasing)
Ø Experience and qualification of key employees
Ø Location and number of sales persons who will work on this contract Ø Marketing plan and capability
Ø Past experience working with the government sector
ATTACHMENT 1
32 Ø Past litigation, bankruptcy, reorganization, state investigations of entity or current officers and directors
Ø Completeness of response (e.g.; filled out all sections, answered all questions, provided pricing)
Ø Other factors relevant to this section as submitted by the proposer ¨ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and agency Training
Ø Customer Service
Ø Sales force training (e.g.; internal training plan, corporate officer involvement, orientation commitment)
Ø Marketing plan and capability (e.g.; contract rollout plan, benchmarks, goals) Ø Green initiative(s) (e.g.; philosophy, certificates, awards) Ø Quality and breadth of value add(s)
Ø Other factors relevant to this section as submitted by the proposer ATTACHMENT 1
33 Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days
Company name
Address
City/State/Zip
Telephone No.

Fax No.

Email address
Printed name
Position with company
Authorized signature
~::..::::__--
ATTACHMENT 1
34 Tab 2 – NCPA Administration Agreement
This Administration Agreement is made as of __ ____________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _ __, referenced as Contract Number _ ___, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Roofing Products and Services;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
¨ General Terms and Conditions
Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.

Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region ATTACHMENT 1
35 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.

Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement
Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.
¨ Fees and Reporting
Ø The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].

Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.

It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Agency
Name
Zip
Code State
RQN
Proposal #
Order
Date
Internal PO, Job #,
FX#, Notes etc.

Sale
Amount
Admin
Fee (3%)
Total _
Ø Each month or quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA the administrative fee on the amount of the agency’s purchase order less any applicable sales tax and Performance and/or Payment bond cost. Deadline for term of payment will be included in the invoice NCPA provides.

Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit. ]
ATTACHMENT 1
36 ¨ General Provisions
Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.

Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement.

Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder
Ø All written communications given hereunder shall be delivered to the addresses as set forth below.

National Cooperative Purchasing Alliance:

Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
Vendor: ________________________________________
Name: ________________________________________
Title: ________________________________________
Address: ________________________________________
________________________________________
Signature: ________________________________________
Date: ________________________________________
ATTACHMENT 1
37 NCPA Registered Vendor Quotation Number
RFP responders are requested to agree to a quotation number registration program to provide consistency and faster service for our facility awarded vendors, agency members and participants. The process will require Facility Contract holders to register and receive a NCPA Vendor Registered Quotation Number that must be prominently displayed on each proposal(s) that you present to the agencies. The system will track Facility transactions from the initial proposal stage to the completion of each project. NCPA has assembled an experienced Facilities Management Team that stands ready and willing to assist its vendors in providing quality services to the awarded vendor’s organization. Failure to receive the Vendor Registered Quotation Number can result in potential delays to your services and the only acceptable proposals need to have a NCPA Vendor Registered Quotation Number.

NCPA Registered Vendor Quotation Number Process
Fill out the form on the Facilities page at www.NCPA.us *Click on RQN Logo at the bottom of the home page and a form will pop up. * Fill out and submit.
• All registered vendor quotation number requests must be submitted and a proposal number received before you present it to your potential customer.
• You will have a response with a NCPA Vendor Registered Quotation Number within 5 minutes. • Include the quotation number on all proposals.

This document acknowledges that you have received and agree to the details, directions and expectations of the NCPA Vendor Registered Quotation Number process.

Date:

RFP Number:

Company Name:

Printed Name:

Signature: ~:::..::::_--
ATTACHMENT 1
38 Tab 3 – Vendor Questionnaire
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered
Ø Bidder must indicate any and all states where products and services can be offered.

Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina
Alaska Massachusetts South Dakota
Arizona Michigan Tennessee
Arkansas Minnesota Texas
California Mississippi Utah
Colorado Missouri Vermont
Connecticut Montana Virginia
Delaware
District of Columbia
Nebraska
Nevada
Washington
West Virginia
Florida New Hampshire Wisconsin
Georgia New Jersey Wyoming
Hawaii New Mexico
Idaho New York
Illinois North Carolina
Indiana North Dakota
Iowa Ohio
Kansas Oklahoma
Kentucky Oregon
Louisiana Pennsylvania
Maine Rhode Island
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ATTACHMENT 1
39 All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) ¨ Minority and Women
Business Enterprise (MWBE) and (HUB) Participation
Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
§ Minority / Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
§ Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
¨ Residency
Ø Responding Company’s principal place of business is in the city of _______________________, State of __________
¨ Felony Conviction Notice
Ø Please Check Applicable Box;
A publically held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony
Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
¨ Distribution Channel
Ø Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information
Ø Provide company contact information for the following:
§ Sales Reports / Accounts Payable
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ American Samoa Northern Marina Islands
Federated States of Micronesia Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
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ATTACHMENT 1
40 § Purchase Orders
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing
Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ ¨ Pricing Information
Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No
Ø Vendor will provide additional discounts for purchase of a guaranteed quantity.

Yes No
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ATTACHMENT 1
41 Tab 4 –Vendor Profile
Includes Tab 8 Value Added Products and Services
Tecta America Corp
Tecta America Corp was founded in 2000. Tecta has grown to be a national leader in the roofing industry. Our manpower consists of over 3,500 employees with 74 local operating units located throughout the U.S. that average 60+ years of business. We have experience in every roof system and certified by every major manufacturer.

D&B Number 12583-7471
Corporate Office Address: 9450 W. Bryn Mawr, Suite 500, Rosemont, IL 60018 Total Employees: 3500
Direct Sales – 83
Sales Support – 12
Service Technicians – 312
Engineering Support – 26
Administration – 126
Field Technicians – 2820
Misc / Other – 200+
PROGRAM MANAGERs
Andy Carr, National Cooperative Accounts Manager, 708-451-0743, [email protected] (Contact for sales, sales support, marketing, financial reporting) Jim Phillips, Director Federal & National Operations, 410-905-3669, [email protected] (Executive support)

TECTA LOCATIONS
Operating Units:

Tecta Location Address City State Zip
Code
President/GM
Tecta America Southeast, LLC 952 Alton Parkway Birmingham AL 35210 Jim Holt Tecta America Arizona, LLC 1824 Broadway Rd Phoenix AZ 85041 Chuck Chapman
Tecta America Sacramento, Inc. 3257 Fitzgerald Rd. Rancho Cordova CA 95742 Michael McClain
Tecta America Southern
California, Inc.
1217 E. Wakeham Ave. Santa Ana CA 92705 Rex Souders
~ TECTAAMERICA
Tecta America Corp . I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581 .3880 I tectaamerica .com ATTACHMENT 1
42 Tecta Location Address City State Zip
Code
President/GM
Western Roofing Service, a
Tecta America Commercial
Roofin
15002 Wicks Blvd. San Leandro CA 94577 Mark Bledsoe
Tecta America Colorado, LLC 1881 West 13th. Ave. Denver CO 80204 John Cook Tecta America New England,
LLC
105 Cherry St East Hartford CT 06108 John Donavan
Tecta America Southeast, LLC 588 Monroe Rd Sanford FL 32771 Michael Winant Tecta America Southeast, LLC 530 Ellis Rd. South Jacksonville FL 32554 Bill Gibbs Tecta America West Florida,
LLC
6809 N. Nebraska Ave. Tampa FL 33604 Norm
Kirkpatrick
Tecta America South Florida,
Inc.
1431 SW 30th Ave. Deerfield Beach FL 33442 Tim Eberly
Tecta America South Florida,
Inc.
1333 NW 155th Dr Miami Gardens FL 33169 Tim Eberly
Tecta America West Florida,
Naples Commercial Rfg.
1045 Collier Center Way
Ste. 9
Naples FL 34110 Norm
Kirkpatrick
Tecta America Southeast, LLC 5085 Shiloh Rd Cummings GA 30040 Chris Pinkston Metalcrafts, A Tecta America
Company, LLC
4522 Ogeechee Rd Savannah GA 31405 Allen Lancaster
Anthony Roofing, a Tecta
America Company
2555 White Oak Circle Aurora IL 60502 Dan Brown
Tecta America Illinois Roofing,
LLC
4813 Kingston Drive Lisle IL 60532 Mike Ward
National Office (headquarters) 9450 W. Bryn Mawr, Suite 500
Rosemont IL 60018 Mark
Santacrose
Fort Wayne Roofing, a Tecta
America Company
4320 Ardmore Ave. Fort Wayne IN 46802 Sean Motter
Blackmore & Buckner Roofing,
a Tecta America Company
1504 Sadlier Circle South
Drive
Indianapolis IN 46239 Steve Buckner
CE Reeve, A Tecta America
Company, LLC
5421 W. 84th St Indianapolis IN 46268 Brian Klepinger
Schwickert's Tecta America of
Mankato, LLC
1841 E 1450 Rd Lawrence KS 66044 Scott Gilbert
Bri-Den Roofing, a Tecta
America Company
459 29th Street Ashland KY 41101 Brian Morrison
Bri-Den Roofing, a Tecta
America Company
110 Old Wallaceton Road Berea KY 40403 Brian Morrieon
Tecta America Kentucky 4045 McCollum Court Louisville KY 40218 Pat Dorsey Roof Systems of Maine (RSM) 332 Target Industrial Circle Bangor ME 04401 Lee Corro Tecta America New England,
LLC
1093 Riverside St Portland ME 04103 Scott Leeman
Tecta America East, LLC 5220 Pennington Ave. Baltimore MD 21226 Steve Coyne Tecta America East, LLC 302 S. Division St. Fruitland MD 21826 Glen Wood Tecta America East, LLC 7340 Montevideo Rd. Jessup MD 20794 Paul Dubics Tecta America New England,
LLC
285 Circuit St Hanover MA 02339 Peter Owens
Tecta America New England,
LLC
2 Sterling Rd. North Billerica MA 01862 Peter Owens
Schwickert's Tecta America of
Mankato, LLC
221 Minnesota St. Mankato MN 56002 Kevin Palmer
Schwickert's Tecta America of
Mankato, LLC
204 Schumann Dr Stewartville MN 55976 Kevin Palmer
Schwickert's Tecta America of
Minneapolis, LLC
5420 Hwy 169 Savage MN 55428 Kevin Palmer
~ TECTAAMERICA
Tecta America Corp . I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581 .3880 I tectaamerica .com ATTACHMENT 1
43 Tecta Location Address City State Zip
Code
President/GM
Tecta Customer Solutions
Center (TSC)
600 Riverfront, Suite 200 Mankato MN 56001 Lindy Ryan
Roofing Services(RSS), a Tecta
America Company
1835 Old Highway 40 East Columbia MO 65202 Joe Laubreth Roofing Services(RSS), Tecta
America Company
1054 Central Industrial Drive St. Louis MO 63110 Joe Laubreth The Melanson Company, a
Tecta America Company, LLC
5 Ferry Road Bow NH 03304 Bob Hardy
The Melanson Company, a
Tecta America Company, LLC
353 West Street, PO Box
523
Keene NH 03431 Rob Therrien
ACM Excel 5716 Harding Hwy, Ste 100 Mays Landing NJ 08330 Geoff Berns Chris Andersen Roofing, a
Tecta America Company
95 New Brunswick Ave. Hopelawn NJ 08861 Nabil
Elmachtoub
J.P. Patti Tecta America, LLC 365 Jefferson St. Saddle Brook NJ 07663 Jim Wisse Tecta America Metro New York,
LLC
38 Roosevelt Ave. Belleville NJ 07109 Dave
Romansky
Weatherguard Tecta America,
LLC
2880 Curry Rd. Schenectady NY 12303 Michael Bisner
Tecta America Carolinas, LLC 13615 E. Independence
Blvd.

Indian Trail NC 28079 Randy Winecoff
Tecta America Dakotas, LLC 2315 7th Ave. North Fargo ND 58102 Brent Wical Tecta America Dakotas, LLC 1810 N 6th St Grand Forks ND 58203 Brent Wical Tecta America Dakotas, LLC 701 4th Ave NE Minot ND 58701 Brent Wical Tecta America Dakotas, LLC 1017 17th St NE Bismarck
(Mandan)
ND 58554 Brent Wical
Tecta America Dakotas, LLC 314 5th St SE Devils lake ND 58301 Brent Wical Tecta America Dakotas
Commercial Roofing
105 7th Ave. SE Jamestown ND 58401 Brent Wical
Tecta America Zero Company
LLC
6225 Wiehe Rd. Cincinnati OH 45237 Jon Wolf
Tecta America Zero Company,
LLC
2300 Edwin C. Moses Blvd,
Ste 1
Dayton OH 45417 Jon Wolf
Tecta America Zero Company,
LLC
1230 Goodale Blvd. Columbus OH 43212 Josh Beer
JB Roofing, A Tecta America
Company
1480 S County Rd 594 Tiffin OH 44883 Rylee Miller
JB Roofing, A Tecta America
Company
8185 Suite V and W Columbus OH 43035 Rylee Miller
Tecta America Oklahoma LLC
(Exterior Solutions)
3143 N. 32nd St Muskogee OK 74401 Craig Wilson
ABC Roofing, a Tecta America
Company
10123 SE Brittany Ct. Clackamas OR 97015 Greg Bolt
Tecta America East, LLC 342 Commerce Dr. Glen Rock PA 17327 Chis Mummert Tecta America East, LLC
Architectural Metals
342 Commerce Dr. Glen Rock PA 17327 Brian
McClelland
Wolfe Roofing, A Tecta America
Co.
3907 Pottsville Pike Reading PA 19612 Jeff Koller
Tecta America Carolinas, LLC 4048 Ashley Phosphate Rd North Charleston SC 29420 Fred Perron ARS, a Tecta America
Commercial Roofing Company
1010 S. Commerce Ave. PO
Box
Sioux Falls SD 57101 Jon Ziebarth
CEI Roofing Texas, LLC 2510 Cockrell Ave. Dallas TX 75215 Jim Renard Tecta America Amarillo CS, LLC 2214 S. Lincoln Amarillo TX 79109 Tracy Honea Tecta America CS, LLC 5401 Acuff Rd. Lubbock TX 79403 Jason Weems ~ TECTAAMERICA
Tecta America Corp . I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581 .3880 I tectaamerica .com ATTACHMENT 1
44 Tecta Location Address City State Zip
Code
President/GM
Tecta America Austin 2319 Patterson Dr Pflugerville
(Austin)
TX 78660 Russell
Johnson
Roof Services, a Tecta America
Company
2621 Cogbill Road Richmond VA 23234 Joe Zieni
Roof Services, a Tecta America
Company
3056 Holland Road Virginia Beach VA 23453 Danny Snell
Vermont Roofing, a Tecta
America Company
1325 Harwood Hill PO Box
1535
Bennington VT 05201 Neil Hoag
Vermont Roofing, a Tecta
America Company
118 Spruce Street Rutland VT 05701 Roger Louiselle
AC Hathorne, a Tecta America
Commercial Roofing Company
252 Avenue C Griswold
Industira
Williston VT 05495 Dave Hartwell
Tecta America Seattle, LLC 9500 Aurora Ave., North Seattle WA 98103 Kevin Grinaker F.J.A. Christiansen Roofing Co.,
Inc., a Tecta America Comme
2101 W. Purdue St. Milwaukee WI 53209 Rob McNamara
Commercial Roofing, a Tecta
America Company, LLC.
2300 Maple Drive Plover WI 54467 Shawn Herzog
~ TECTAAMERICA
Q Co(porate Headquaners
Q Custorner Sofut ions CcntL,-
TecraS<,lar Headquarters
• Operating Locations ~""? ~ ,raJ.ur w.Nl i"/"U'5
Q Strategic Partr.ers
Tecta America Corp . I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847 .581 .3880 I tectaamerica .com ATTACHMENT 1
45 CONTRACT TERMS
Net 30 Days
Market Competition:

ABADAK, INC. RESEDA ,CA

ABSOLUTE STORAGE, LLC TEMPE ,AZ
AD VERITAS CONSTRUCTION CO. INC. TOPEKA ,KS
ADVANCED ROOFING, INC. FORT LAUDERDALE ,FL

ALLIANCE ROOFING LLC GLASTONBURY ,CT
ALLIED BUILDING PRODUCTS CORP. EAST RUTHERFORD ,NJ
AMC CAPITAL CONSTRUCTORS, INC. APOPKA ,FL
AMERICAN CLASSIC CONSTRUCTION INC. CHATSWORTH ,CA
BEST CONTRACTING SERVICES, INC. GARDENA ,CA
BLUESCOPE CONSTRUCTION, INC. KANSAS CITY ,MO
BOLLINGER ROOFING COMPANY, INC. BALTIMORE ,MD
BOSNICK ROOFING, INC. TACOMA ,WA
BURTIN POLYMER LABORATORIES, INC. CARTERSVILLE ,GA
CENTURION INDUSTRIES, INC. GARRETT ,IN
CLADDING SYSTEMS, INC. TAMPA ,FL
COMPLETE PACKAGING & SHIPPING SUPPLIES Inc. FREEPORT
,NY
DKG & ASSOCIATES, INC. ALBUQUERQUE ,NM
DURO-LAST, INC. SAGINAW ,MI
EDL CONSTRUCTION, INC. HENDERSON ,NV
ENFIELD ENTERPRISES, INC. SPRINGFIELD ,MA
ENTERPRISE ROOFING & SHEET METAL CO. DAYTON ,OH
EURAMAX INTERNATIONAL, INC. NORCROSS ,GA
EXBON DEVELOPMENT, INC. GARDEN GROVE ,CA
FLEX MEMBRANE INTERNATIONAL CORP. LEESPORT ,PA

GANAHL LUMBER COMPANY ANAHEIM ,CA

GARLAND COMPANY INC, THE CLEVELAND ,OH
IB ROOF SYSTEMS, INC. EUGENE ,OR

INSTANT ASPHALT INC GILROY ,CA
INSULATING COATINGS CORP. INVERNESS ,FL
INTERNATIONAL AUTOMATED SYSTEMS, INC. MINNEAPOLIS
,MN
JEFF EUBANK ROOFING COMPANY, INC. FORT WORTH ,TX
K-CON, INC. NORTH CHARLESTON ,SC
L.D. TEBBEN COMPANY, INC. AUSTIN ,TX

LIVEROOF, LLC NUNICA ,MI

MBTECHNOLOGY FRESNO ,CA

MENTOR GROUP TROY ,MI
NATIONAL BUILDING CONTRACTORS , INC. CONYERS ,GA
NORTHEAST CONSTRUCTION, INC. RICHMOND ,VA

NUGENERATION TECHNOLOGIES, LLC EMERYVILLE ,CA
PACIFIC TECH CONSTRUCTION, INC. KELSO ,WA
PROGRESSIVE SERVICES, INC. PHOENIX ,AZ

QUEST CONSTRUCTION PRODUCTS, LLC CHARLESTON ,SC

R&B ROOFING LLC GARLAND ,TX
R.M. WAITE CO., LLC OAKLAND ,CA

ROOFING RESOURCES INC CHADDS FORD ,PA
ROTH BROS., INC. YOUNGSTOWN ,OH
SHAW LUMBER CO. SUMTER ,SC

SILKTOWN ROOFING, INCORPORATED MANCHESTER ,CT
SIMON ROOFING AND SHEET METAL CORP. YOUNGSTOWN
,OH
TECTA AMERICA CORP. ROSEMONT ,IL
TEXAS LIQUA TECH SERVICES, INC. HOUSTON ,TX

TEXAS REFINERY CORP FORT WORTH ,TX

TREMCO INCORPORATED BEACHWOOD ,OH
U.S. PLY, INC. FORT WORTH ,TX

VAST ENTERPRISES, LLC MINNEAPOLIS ,MN

WALTER PARKER COMPANY, LLC, THE ALBUQUERQUE ,NM
WEATHERPROOFING SERVICES L.L.C. CROSSROADS ,TX
WEST ROOFING SYSTEMS, INC. LAGRANGE ,OH
WESTON SOLUTIONS, INC. ALBUQUERQUE ,NM

WHELAN PROPERTIES, LLC CHADDS FORD ,PA
Tecta’s sales programs employ more than 80 people throughout the country who are involved on educating clients in the market place about Cooperative Purchasing.

We are the largest commercial roofing contractor in the U.S. We are certified with all major manufacturers for all major roof system types. We operate in all 50 states and all U.S. territories, and can service 90% of the country’s population within 4 hours.

Quality is assured and maintained throughout each project through the implementation of a Quality Control Plan (QCP), which establishes the responsibilities and administrative methods our team will use to ensure client satisfaction. The QCP will outline the desired results (preparation phase), perform work that meets these standards (implementation phase), and regularly monitor work performance to secure results (follow-up phase). Each individual team member is responsible for ~ TECTAAMERICA
Tecta America Corp . I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581 .3880 I tectaamerica .com ATTACHMENT 1
46 checking his or her own work, which is continually monitored by the Quality Control Manager (QCM). We understand that the monetary and scheduling costs involved in “re-work” situations can add up quickly, so we proactively build quality into each step of the design and construction process. In addition, our QCM makes random, unscheduled inspections of project sites. This extra check helps reinforce proper work procedures by enabling our QC staff to view work in progress, without prior notice. The results of these unannounced inspections are recorded and properly attended to. The goal of the QCP is to prevent problems, or at worst to catch problems before they become costly to the bottom line. For Jordon Construction, Quality Control is not simply a check at the end of a project, it is a culture that is maintained throughout the contract.

Tecta America works closely with manufacturers and distributors to identify changes in products and materials that result in reduced costs. Tecta has instituted a rebate program with all major manufacturers to incentivize manufacturers’ involvement with Tecta to ensure price changes are followed as they happen.

Tecta’s service program is the largest in the nation due to the quality we provide.

Tecta will provide all the necessary marketing material to inform and educate our clients and NCPA members.

Tecta receives a request from the client, an estimate is developed, it is then audited by the NCPA and then issued to the client for approval. Once the client accepts the the proposal and issues a PO, Then the material is ordered and scheduled for delivery to the client.

Tecta offers a 2 year guarantee on installation and honors all manufacturer warranties.

Tecta employs Quality Assurance personnel who work with all operating units and project managers to ensure that all workmanship and material meet the requirements of the client’s specified order.

Tecta offers can offer an extension to the 2 year guarantee on installation depending on the work required and the material ordered. This can be reviewed on a case by case basis.

Tecta’s proprietary systems and programs in place track more than 60,000 service and installations a year.

We offer services in all 50 states, US territories and Canada.

Tecta provides 24 hour emergency service with the ability to service 90% of the US population within 4 hours of initial request. No other roofing company comes close.

Tecta’s service technicians are always amongst our most experienced employees. They are experts in all the necessary processes and procedures to assist in any client’s needs.

It is mandatory that all service work is followed by a supervisor’s evaluation with the customer and the service team.

Tecta’s service program is the largest in the nation due to the quality we provide ~ TECTAA MERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581.3880 I tectaamerica.com ATTACHMENT 1
47 Tecta utilizes all the industry standard project tracking tools and software available to the industry, i.e. Primavera, Microsoft Projects, etc.

Tecta has provided the necessary logos and will update the NCPA with all new marketing material regularly.

Tecta will continue to be diligent about monthly sales reporting as required.

CULTURE & PROCESS
Today’s roofing systems are advanced and complex; yet despite this complexity, many common roofing issues can arise. Typical concerns include leaking, premature failure, and unexpected expenses. As well, potential downtime related to roof problems, and lost inventory or interior damage, can negatively influence the building’s occupants. It is important for you to partner with a professional roofing contractor that understands your specific business needs. Tecta America Corp has worked with many organizations like the National Cooperative Purchasing Alliance and we empathize with the roofing challenges that affect your operation. Below are several of the issues that you said are most important to the NCPA entities.

Correcting Existing Problems
Whatever the original cause, it is important to address existing problems before the same mistakes are made again and contribute to the failure of the new roofing system. Some of the more typical existing roofing problems include:
• Condensation
• Ponding
• Structural Defects
• Membrane Failure
• Improper Detailing
• Improper Insulation Values
• Inappropriate Material Selection
Handling Complex Logistical Solutions
The National Cooperative Purchasing Alliance knows that good value is a negotiated solution that provides the optimum results at the best available price and that the process of negotiation requires working with established and trustworthy partners. The key to obtaining cost-effective results is:
• Contractors who are able to provide full technical services • A broad range of possible roofing systems
• Organizational strength, knowledge and experience to perform the work • Backed up with warranties and on-going maintenance programs • National network of Tecta contractors.
~ TECTAA MERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581.3880 I tectaamerica.com ATTACHMENT 1
48 Plans for a Roofing Management Program
Lengthening the service life of your physical assets is crucial to your bottom line results. Proper management is the key to success. Whether a roofing management program is initiated from day one or at some later point in the life of a facility, it requires:
• Planning
• Prevention
• Communication
Preventing Disruption of Business
A leaking or damaged roof can have a serious impact on operations, ranging from bad public relations to financial losses, including:
• Tenant Complaints and Legal Actions
• Customer Dissatisfaction
• Line Shutdown
• Product Contamination - Inventory Damage
• Just-in-Time Breakdown
• Equipment Damage
• Employee Work Stoppage
Avoiding Safety Problems
Protecting customers, employees, tenants and visitors can complicate a roofing system project. • Accident & Injury Prevention
• Customers/Clients and Personnel
• Building and Products
• Records and Insurance
• Publicity and Public Relations
• Security Issues
• Costs of Not Being Safe

GOALS AND OBJECTIVES FOR YOUR ROOFING PROGRAM
Your roofing program is an investment; and Tecta America Corp’s primary responsibility is to help you maximize that investment. The first step in that process is to understand your core objectives. Different customers, at different times, have changing objectives related to their roofing system. These goals range from budgeting and expense control—to leak prevention, interior protection, and extending the life of the roof. Below are several of the key goals we believe the NCPA wants to achieve with your roofing program.
24/7/365
The roof over your head is our main concern. We express that concern by structuring our service and support to be available 24 hours a day, 7 days a week, 365 days a year, just the same way your roofing systems must support and protect your operations. The requirements of roofing never take a day off and neither do we. We are here to serve you, so we can be there when you need us. ~ TECTAA MERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581.3880 I tectaamerica.com ATTACHMENT 1
49 Ensure Confidence in Your Roofing Documentation
With a portfolio of roofing assets to manage and track, it is important that you have confidence in the timeliness and accuracy of your repair documentation. By working with Tecta America, you will know exactly what repair and maintenance services you receive and will be able to clearly understand your invoice and allocate costs appropriately.

Total Roofing Management Solutions
You want a formalized set of time-tested procedures, customized to the requirements of your own roofing systems, combined with preventative programs, emergency response and patch-and-repair programs… plus inspection and analysis, budgeting, planning and forecasting, energy surveys, and life-cycle costing. In other words, you want it all.

And that is what we deliver. These procedures combined with the history of Tecta, our financial stability, our extensive insurance coverage and our success in focusing on establishing and maintaining long-term relationships, make our Tecta Care and Tecta Plan Roofing Management® programs more than a symbol of excellence in roofing management. You can take it to the bank.

Fast Response, Full Service
We maintain rapid-response teams to handle problems related to weather, accidents or other emergencies. As part of Tecta, we can call upon the resources of the all the other Tecta roofing organizations nation-wide should the need arise.

Workers with Security Clearance
Because most government buildings are secure sites, it is important for contractors doing business with the GSA to have a proven process for clearing employees for access to federal facilities. You need a contractor who understands the screening requirements and knows how to properly complete and process all required background and clearance documentation.

RECOMMENDATIONS FOR THE NCPA
TECTA AMERICA’S SOLUTIONS DESIGNED TO ADDRESS YOUR NEEDS Every day, the entities served by the NCPA deal with the challenges and concerns directly associated with its core business. Dealing with their roof is not, and should not be one of them.

To ensure a successful roofing program, you need to rely on your trusted business partner to provide a combination of products and services that best suit your needs. You expect them to lend experience, give advice, and offer guidance on the best approaches to meet your needs. You also require a partner that will be there if something goes wrong; and that has the experience and sense of urgency to resolve issues that arise.
~ TECTAA MERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581.3880 I tectaamerica.com ATTACHMENT 1
50 Production Roofing
Our roofing solutions are designed to ensure you get the right roof system for your facility and business needs; installed on time and on budget. Your roof is one of the largest facility expenses you must budget for—and it affects the success your operation. Tecta America’s roofing solutions give you the peace-of-mind knowing that your roof system is installed with quality workmanship and safety at the forefront. Because we work with all manufacturers and all roof systems, we can help the NCPA understand the alternatives and make the best decisions for your ownership goals.

In addition, our years of experience and financial stability give you the assurance that we will do the job right, and be around for the long-term to provide ongoing support and maintenance and honor your roof system warranties.

Roof Asset Management
Our roof asset management solution will give the NCPA access to accurate and real-time information in order to properly manage, maintain, and budget the roofing systems at your multiple facilities. Unique tracking and monitoring tools, combined with relevant metrics and costing information, allow you to better forecast your roofing expenses and extend roof life through proper maintenance.

Beginning with a comprehensive audit of your roof assets, we collect and analyze pertinent data.

We rate the current condition of each roof in your portfolio and estimate remaining service life. All your important roofing information will be readily accessible: capital and expense forecasts, warranty documents, roof drawings, photos, and more. Armed with this complete collection of interdependent information, your roof planning and budgeting will be accurate—and easy.

TectaPlan – Computerized Maintenance Management for Your Roofing Portfolio When managing multiple roofs, you need to be confident that your roofing program will perform and deliver. TectaPlan is the best resource for managing all your long-term roofing needs easily, consistently, accurately and securely. Powered by TectaTracker, this roof asset management program provides the roof condition reports and forecast data you need to avoid potential problems, helping you manage your roof assets efficiently and cost-effectively. We estimate the remaining service life of your roof through an inspection of ten critical benchmarks including membrane condition, flashing, leakage, drainage condition, roof age, present repair status, insulation condition, rooftop traffic, interior occupancy and an overall assessment.

TectaTracker includes:

Detailed Documentation
All of your critical information in one place, including drawings, photos, warranties, proposals, historical information and other documents for quick, secure access. An invaluable resource for large portfolio managers.
~ TECTAA MERICA
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51 Roof Assessor
Roof Assessor provides you with an objective assessment of the roof condition and estimated remaining service life. TectaTracker’s consistent rating systems help you evaluate overall roof performance.

Reports
Create customized reports on one or multiple properties in your online portfolio to meet your specific needs, and get detailed information on your roof system and roof condition.

Financial Planner
Get a better handle on budgeting. Financial Planner provides a 10-year forecast and conditionbased estimate of anticipated maintenance and repair costs. In addition to budgeting operating costs, track capital expenses and perform a deferred analysis on any or all roofs in your portfolio.

How TectaTracker works:

Tecta America trained technicians gather any roof history you may have, as well as warrantee documents. They evaluate current roof conditions and develop repair recommendations based on a thorough inspection. Photos are taken of any areas of concern and to document any repair work accomplished. Information is then uploaded to the TectaTracker website for you to review and use as needed. On a predetermined schedule, repeat TectaCare Planned Maintenance inspections will be performed. Updates to your roof conditions and repair recommendations will be made and documented in TectaTracker, accessible to you for review. Over the long view, TectaTracker will provide a positive return on investment by helping you make maintenance decisions that will prolong the life of your roof, ensuring that your roof remains free of deficiencies and your budget is free of surprises.

TectaTracker Roof Audit and Report
You will have access to TectaTracker, a proprietary web-based platform that stores information on roof systems across a portfolio of buildings. Developed in conjunction with a leading Roof Consultant, it includes information such as roof system, warranties, age of roof, photos, repair history and, critically, includes a financial forecast of expected repair costs. It is invaluable for budgeting roof repair and maintenance as well as long-term capital planning and is designed to give real estate managers at all levels the critical roofing information needed to make decisions, prepare budgets and identify problems before they happen.

A Roof Audit will be performed as the first inspection for each location. It will include:
• Roof Inspection: a visual survey of the exterior condition of each building’s roof and roof related sheet metal. The visual survey also includes deterioration or damage we may observe to metal wall panels, brick wall dividers, and parapets. These items will be brought to the owner’s attention for further action. The Roof Inspection does not include items such as structural damage or deterioration occurring below the observable roof membrane. • The initial audit of a facility also includes the gathering and data input of the following detailed information:
~ TECTAA MERICA
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52 o CAD drawing with projections obtained from initial roof inspection o Photos of the exterior of the building, roof, defects, and roof related details o Roof system information including deck, insulation, membrane, surfacing, past history, and other information
o Core cuts as needed to obtain or verify roof system information o Warranty Information and confirmation
o Roof Assessor –a proprietary tool which estimates a roof’s remaining useful life based on critical factors and offers a consistent analysis from roof to roof o Prioritized roof repairs and maintenance items
o Long term budget
Tecta will provide you and your designated staff a password and access to the Tecta Tracker website so that you can review the details on each of your Projects or designated portfolio of Projects on demand. During the term of this agreement and any subsequent amendments or extensions, Tecta America will update and maintain all roof related data in the Tecta Tracker system.

Report
A detailed Tecta Tracker report can be prepared on-demand by you for each facility covering, among other things, roof condition, defect photos, Roof Assessor Points and a summary of all recommended service repairs required to bring the roofing system to a maintainable condition including cost associated with such repairs. Finally a Five Year Forecast will be provided, updated and reviewed annually to anticipate and budget capital and expense items. This report will be available in the on-line TectaTracker program.

Some key features of the report are:
• Building and Roof Information: Includes information such as roof system, warranties, drawings and more
• Defect and Repair History: Includes defect photos and recommended repairs • Roof Assessor: a quantitative assessment of the roof system and its expected remaining useful life. Factors such as membrane condition, flashings, penetrations, and roof traffic impact the calculations
• Five Year Forecast: the detailed forecast of the cost and timing of service repairs needed, the annual preventive maintenance and the timing of roof replacements Tecta Response
Many Types of Extreme Weather Events
Every year, extreme weather events attack buildings, and especially roofs, in a variety of ways.

From, hurricane force storms that hit our coast lines to tornado and straight line wind events, hail storms, snow storms, and severe weather storms with high levels of rainfall. These extreme weather events cause havoc for facility managers, with loss of power, deck deflection, collapse, and building damage, water intrusion, interior contents damage and more. ~ TECTAA MERICA
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53 Local roofing contractors are frequently overwhelmed serving their customer base, requiring days and weeks just to get a contractor to look at a property. A pre-storm plan that relies on a strong national provider with strong resources relationships and the ability to prevent further damage and return your facility to normal as quickly as possible.

Tecta Response is the most comprehensive disaster response program in the industry, able to handle any disaster, any roof, anywhere. We’re experienced in disaster work, with the resources, communication and stability you need in your roofing company.

The calm before the storm.

If a facility is at risk of potential damage, we offer pre-storm agreements to establish advance authorization and collaborate on a plan so our crews can be ready to go.

Hit the ground running.

Our repair crews arrive within 48-72 hours to inspect the roof, assess the condition and begin making temporary or permanent repairs.

Nimble, flexible and reliable.

How we get you back in business—fast:

Resources: over 3,500 expertly trained roofing professionals nationwide Experience: Andrew, Katrina, Rita and more; we know what it takes to work in hurricane zones Materials: we have contracts with all major manufacturers to guarantee supply Licensing: fully licensed to work ANYWHERE in the U.S.

Planning: easily accessible repair materials; crews have pre-arranged housing with mobile office capabilities, and are on-site with materials, equipment and resources as soon as the storm has passed.

How Could You Be Impacted?
Extreme Weather events can have devastating impact on your facility, including:

Complete loss of roofing system, exposing facility to elements Severe damage leading to water intrusion
Costly interior damage
Facility downtime due to safety and equipment issues
Inventory loss
Inability to have to get a contractor on a timely basis Issues with your insurance company covering your damages Protection and Response You Can Count On For All Types of Extreme Weather Our unique Tecta Response program provides you with the security of having a qualified, heavilyresourced national roofing contractor perform an immediate response to your facilities’ needs.

Because this is a preplanned program: planning, execution, and pricing can be put into place far in advance of the actual storm events. Depending on the level of service you sign up for, this response can range from simple inspection and reporting, to immediate mitigation, temporary protection, and full solution. Regardless of the extreme weather event type, our goal remains the ~ TECTAAM ERICA
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54 same: to quickly and attend to your facility’s needs, minimize damage expenses, and reduce your cost of downtime.

A Tecta Response Master Storm Agreement has a specific rider for each major type of extreme weather event. Each is uniquely designed to your specific needs in each type of event, to quickly mitigate damages and to get your facility back to normal operations as quickly as possible.

Hail: In the enrollment process for Hail Response we will discuss:
* Roofing types * Emergency contact information * Warranty information Tecta America subscribes to several third-party storm monitoring agencies and can very quickly communicate to Tecta exact zip codes where hail activity occurs while it is happening. We will cross reference these reports with facilities that have enrollment in our program and immediately engage Phase One damage assessment inspections if hail size reports exceed the thresholds agreed upon in the enrollment process. If we arrive on site for Phase One damage assessments and find damage, we will immediately dispatch Phase Two temporary roofing and repair crews to mitigate damages and get the roof into a watertight state. Phase Three, for hurricane response, if needed, is working hand in hand with you and your Risk Management group to develop and implement a long-term solution.

ABOUT TECTA AMERICA CORP

RELEVANT EXPERIENCE AND CORPORATE OVERVIEW
Sterile facts and figures do not tell the true story of an organization’s strength, stability, and commitment to client satisfaction. This section of our proposal highlights relevant information that will help the National Cooperative Purchasing Alliance understand the nature of our company.

More important, we want you to understand why these things should be important to the NCPA, and how they will help you achieve your
business goals.

OUR DIFFERENTIATORS

BUSINESS STRENGTHS THAT MAKE A DIFFERENCE
Selecting the right roofing contractor can be challenging. How do you know you will get the results you want? Does the contractor have the right type of background and experience? How do you compare one contractor against another—beyond the color of their trucks, or the weight of their proposals? This section of the proposal discusses several important business strengths that differentiate Tecta America from other roofing contractors. Though there are many reputable and knowledgeable contractors in the market, the following differentiators will help define why Tecta America is the right partner for the National Cooperative Purchasing Alliance. We encourage you to check out the facts—and compare.

Dedicated Professional Service Departments
The ongoing service you receive from your roofing contractor is just as important as the quality of installation—perhaps more so. Even the best roofing system requires maintenance and professional ~ TECTAA MERICA
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55 support. Tecta America has dedicated service departments to troubleshoot problems that might arise and recommend the best solutions. Roof leaks can be difficult to assess and fix; a challenging task for contractors who simply pull workers off production crews to handle warranty issues or roof leaks. Our service departments offer the most responsive, knowledgeable service in the industry. This means that the NCPA will have any future roofing issues handled effectively and promptly. In addition, our service techs are uniformed and professional, providing a better image while on your property.

Experience and Tenure: Meeting Your Current and Long-Term Needs The average tenure of our operating locations exceeds 60 years. Our staff of over 3,500 professionals has seen virtually every type of roofing issue and has the collective experience to solve problems—fast. In contrast, the typical roofing contractor is a sole proprietorship that has been in business less than ten years; and employs fewer than 35 workers. Tecta America will be around for the long haul to service your ongoing roofing needs. Given that most roofing systems are designed to last an average of 15-20 years, it’s comforting to know that your contractor will be in business as long as the roof they install.

Flexibility and Local Presence
Because of our adaptability and local presence, Tecta America has the resources to support the National Cooperative Purchasing Alliance's project, regardless of size or scope. We have the methods and processes in place to integrate with your organization and remain focused on your needs.

Roof Management Program for Facility Managers
Managing a roofing system, and preparing associated budgets, is outside the realm of experience for many facility managers. To fill this knowledge-gap, Tecta America offers the only Roof Asset Management program designed specifically for facility managers. The program provides a common platform for all your roofing information. Inspections and information gathering are done in a consistent format and allow you to compile comprehensive data on your roofing assets.

This helps you avoid budget surprises by giving you the ability to make plans based on current and accurate data.

Safety Practices that Translate into Quality Installation and Service The nature of roofing work has many inherent safety risks. Contractors with good safety records not only protect their workers, they also help avoid possible liability claims due to falls and accidents. But beyond these obvious advantages, a good safety record also reflects on the quality of work performed. This is because the same processes that comprise a good safety program— training, pre-job planning, and job-site communication—are also critical factors in quality installation and repair.

Tecta America has the most comprehensive safety program in the roofing industry. Testament to this fact is that we have an Experience Modification Ratio (EMR) of only .53, half that of the industry average. (A lower EMR indicates fewer accidents.) With this prominent focus on creating ~ TECTAA MERICA
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56 a safe work environment, the NCPA has the assurance that we have an equally strong focus on quality installation and maintenance.

The best indicator of future success— is past success. The National Cooperative Purchasing Alliance has many choices to assist with your roofing program; and you can’t afford to select a contractor that doesn’t have your best interests at heart. We know that the most important testimonials about our commitment to client satisfaction come not from Tecta America, but rather from our customers.

GREEN ROOFING INITIATIVES
TectaGreen is the total green roof solution. As the nation’s leading green roof contractor, we’ve installed and maintained more green roofs than anyone else. From start to finish—and beyond— our roof experts will ensure that your green roof is the healthiest it can be.

Vegetative Roofing or “Green Roofs” are composed of several layers including soil media and vegetation. These roofs are growing in popularity, especially as the concern with global warming has reached all levels of government and business. Many municipalities provide tax benefits for builders that construct or retrofit their buildings with vegetative roofs.

These systems offer a variety of benefits:

They reduce the amount of storm water discharged into municipal sewer systems, thus helping reduce the dangers of flooding.

The vegetation that is an essential part of these systems helps absorb pollutants, including greenhouse gases such as carbon dioxide.

These roofs help reduce the “heat island” effect in urban areas, where the concentration of concrete and other heat-absorbing materials can increase the temperature by several degrees in relation to less built-up areas.

Vegetative roofs provide increased insulation. Buildings on which these green roofs have been installed invariably experience lower heating and cooling costs.

These roofs provide increased plant and animal habitat. In many places where such roofs are becoming popular, there has been a notable increase in bird populations.

Green roofs often provide aesthetic benefits and serve as a major amenity for building occupants as these “roof gardens” gain in prevalence and popularity.

A TectaGreen roof offers a variety of benefits from economic to environmental to aesthetic. No matter what your facility’s goals may be, our experts will design a green roof that accomplishes your objectives.

Reduced storm run-off - A green roof can retain up to 96% of storm water, allowing it to evaporate rather than drain into retention pond and lead to financial incentives.

Energy savings - On a 90 degree day, a green roof keeps the roof temperature a cool 95 degrees while a dark roof bakes to 160 degrees or more. Result: interiors stay cooler and energy costs go down.
~ TECTAA MERICA
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57 Extended roof life - Installing a green roof system has the potential to double the lifespan of a conventional roof. For example, 2011 Executive Report determined the Target Center in Minneapolis payback at 7.6 years, which mostly comes from saving the replacement costs.

Reduced carbon footprint - Green roof systems allow for plants to absorb CO2 and work to reduce the carbon footprint of your building.

Reduced Urban Heat Island effect - The surface of a green roof absorbs solar radiation and provides natural evaporative cooling.

Earn LEED points - A green roof provides more points than any other technology to achieve certification.

LEED - The Leadership in Energy and Environmental Design (LEED) program was created to provide a national standard for environmental construction in the building industry. When a building earns LEED points through environmental construction like a green roof, many states will reward the facility with tax credits and other financial incentives.

A Tecta Green roof can contribute up to 3-9 LEED points based on the USGBC rating system:

Sustainable Sites
Storm water Design: Quality Control – SS Credit 6.1 (1 pt.) Heat Island Effect: Roof – SS Credit 7.2 (1 pt.)
Water Efficiency
Water Efficient Landscaping – WE Credit 1.1 (1-2 pts.)
Energy & Atmosphere
Optimize Energy Performance – EA Credit 1 (1-8 pts.)
Materials & Resources
Recycled Content – MR Credit 4.1 (1-2 pts.)
Regional Materials – MR Credit 5.1 (1-2 pts.)
Roofing Plus Solar Plus
Unlike most solar companies, Tecta has the ability to internally facilitate each stage of a solar project. Tecta works closely with each of our customers from initial assessment to project completion. Tecta’s full service approach provides project feasibility analysis, system design, financing, development, installation and maintenance of roof and solar installations. Each aspect is specific to our customer’s needs, tax situation, and the physical and regulatory conditions and incentives of the location of the system. Tecta’s approach provides a single source for developing and delivering an integrated solution and achieving our customer’s expectations and returns.
~ TECTAA MERICA
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58 Tecta has the experience and understanding to deliver solar solutions that complement rather than compromise roof-tops. We design our systems to account for the structural and design restrictions of the roof and apply thin-film or crystalline solutions with minimal to no penetrations. If the roof needs to be repaired or replaced prior to solar installation, Tecta has the expertise to perform these services in house. No other turnkey Solar Developer can provide both roofing and solar installation.

Determine Site Capacity | Physical area considered for solar Roof
Roof age / conditions
Roof warranty and insurer requirements
Ground
Soil conditions
Drainage considerations
Parking
Zoning and permitted use, FAR, permeability
Shading, setbacks, easements, ROWs, access
Permitting
Building & electrical
Interconnection
Environmental
Special (FERC, FAA, etc.)
Incentive Availability
Solar production based incentives
Solar renewable energy credits
Grants
Tax abatements
Others
Feasibility Analysis and Customer Considerations
How much should it cost & when do we pay?
How much benefit comes out and when?
Constraints and limits
Public Sector - Tecta provides the solution for governmental entities looking to initiate sustainable energy projects: large, locally-sited solar power plants. These do not increase budget or consume scarce capital resources. Private ownership of solar equipment allows for Federal tax incentives to flow through to you as lower power costs. We will also work with you to ensure that our solar solutions meet the criteria for federal life-cycle cost requirements.
~ TECTAA MERICA
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59 Tecta‘s customers include:

State / Federal Governments. Tecta transforms empty rooftops or open space into renewable resources. By hosting a solar power system, government entities can secure long-term clean electricity supply without any upfront cost or maintenance expenses.

Municipal Agencies. A power purchase agreement with Tecta is an effective way for municipal agencies to accelerate renewable energy goals and provide their communities with locally produced, clean, reliable, long-term renewable power. Municipal buildings, landfills, and water & sewer treatment plants are excellent locations for such systems.

Schools and Universities. Tecta provides schools, school districts and universities with a cost-effective way to meet increased sustainability goals and mitigate volatile energy costs.

By hosting a solar power system, administrators can reduce operating expenses and transform empty campus rooftops, parking lots, or vacant land into productive assets which support sustainable long term goals.

CONTRACTOR LICENSES
License Number: 17327
State: AZ
Trades: CONTRACTOR
License Number: ROC268373
State: AZ
Trades: K-42 ROOFING
License Number: ROC240655
State: AR
Trades: CONTRACTOR
License Number: 176510411
State: AR
Trades: CONTRACTOR
License Number: 6890411
State: CA
Trades: CONTRACTOR
License Number: 864500
State: CA
Trades: CONTRACTOR
License Number: 811111
State: CA
Trades: CONTRACTOR B C33 C39
ASB
License Number: 108533
State: CT
Trades: STATE CONTRACTOR
License Number: 9614546000
State: DE
Trades: STATE CONTRACTOR
License Number: 2005205492
State: DE
Trades: CONTRACTOR NONRESIDENT
License Number: 2003101239
State: DE
Trades: CONTRACTOR NONRESIDENT
(GROUP CODE 335)
License Number: 2005206749
State: FL
Trades: CERTIFIED ROOFING

CONTRACTOR
License Number: CCC1326995
State: FL
Trades: CONTRACTOR
License Number: CCC1328756
State: FL
Trades: STATE of FLORIDA

QUALIFIED BUSINESS
License Number: QB0004388
State: FL
Trades: QB0004388
License Number: CCC057634
State: FL
Trades: CERT. ROOFING

CONTRACTOR
License Number: CCC054767
State: FL
Trades: CERTIFIED ROOFING

CONTRACTOR
License Number: CCC1327174
State: FL
Trades: CERTIFIED ROOFING

CONTRACTOR
License Number: CCC014118
State: FL
Trades: ROOFING CONTRACTOR
License Number: CCC1328756
State: GA
Trades: ROOFING CONTRACTOR
License Number: L89024
~ TECTAA MERICA
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60 State: ID
Trades: CONTRACTOR
License Number: RCE31067
State: IL
Trades: ROOFING CONTRACTOR -

UNLIMITED
License Number: 104-015059
State: IL
Trades: ROOFING CONTRACTOR -

UNLIMITED
License Number: 104-015241
State: IL
Trades: CONTRACTOR
License Number: 104-015129
State: IN
Trades: CONTRACTOR
(INDIANAPOLIS)
License Number: C0027100
State: IA
Trades: CONTRACTOR
License Number: 04030-06
State: IA
Trades: CONTRACTOR
License Number: C000416
State: IA
Trades: CONTRACTOR
License Number: C000412
State: LA
Trades: COMERICAL
License Number: 44761
State: LA
Trades: COMERICAL
License Number: 16271
State: MD
Trades: NON-RESIDENT

CONSTRUCTION
License Number: 15401053
State: MD
Trades: CONTRACTOR
License Number: 13394902
State: MD
Trades: CONTRACTOR
License Number: 30718185
State: MD
Trades: CONTRACTOR
License Number: 30439539
State: MN
Trades: CERT. of AUTHORITY
License Number: 20381592
State: MS
Trades: CONTRACTOR
License Number: 15380
State: MS
Trades: ROOFING SHEET METAL

AND SIDING
License Number: 15028
State: NE
Trades: CONTRACTOR
License Number: 26231
State: NV
Trades: CONTRACTOR
License Number: 0066653A
State: NJ
Trades: CONTRACTOR
License Number: N/A
State: CO
Trades: CONTRACTOR
License Number: 93907
State: NM
Trades: ROOFING
License Number: 10626
State: NY
Trades: no license required
License Number: N/A
State: NC
Trades: ROOFING
License Number: 59525
State: NC
Trades: CONTRACTOR
License Number: 60043
State: NC
Trades: G.C.

License Number: 24608
State: ND
Trades: CONTRACTOR
License Number: 1198800
State: OH
Trades: CINCINNATI STREET

CONTRACTOR
License Number: TL20100179
State: OH
Trades: CINCINNATI

CONTRACTOR
License Number: CBRC000600
State: OH
Trades: COLUMBUS

CONTRACTOR
License Number: G4542
State: OR
Trades: COMMERICAL G.C.

License Number: 186215
State: PA
Trades: CONTRACTOR
License Number: 11072519
~ TECTAAMERICA
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61 State: RI
Trades: CONTRACTOR
License Number: 24544334
State: SC
Trades: G.C.

License Number: G10976
State: SC
Trades: CONTRACTOR
License Number: 112352
State: TN
Trades: G.C.

License Number: 24009
State: TN
Trades: CONTRACTOR
License Number: 208783
State: TN
Trades: CONTRACTOR
License Number: 62356
State: UT
Trades: CONTRACTOR
License Number: 6789165-5501
State: VA
Trades: CLASS A VA

CONTRACTOR
License Number: 2701030688A
State: VA
Trades: CLASS A VA

CONTRACTOR
License Number: 2701023304A
State: VA
Trades: CLASS A CONTRACTOR
License Number: 2705096911A
State: WA
Trades: CONTRACTOR
License Number: WESTERS973-BN
State: WA
Trades: WA STATE CONTRACTOR
License Number: TECTAAS905DH
State: WV
Trades: CONTRACTOR
License Number: WV039408
State: TX
Trades: CONTRACTOR
License Number: N/A
State: ME
Trades: CONTRACTOR
License Number: N/A
State: N/A
Trades: N/A
License Number: N/A
State: MA
Trades: CONTRACTOR
License Number: N/A
State: KY
Trades: CONTRACTOR
License Number: N/A
State: WI
Trades: CONTRACTOR
License Number: N/A
Tecta America has thoroughly reviewed the Contract Terms and Conditions for this solicitation. We understand your needs and are confident in our operational and procedural foundation, which meets or exceeds the specific requirements for the operations and management of the contract.

Tecta’s management approach to successful execution will emphasize the following priorities:
• Development of value-based solutions and detailed scopes of work • Procedural compliance with Member requirements for task order approval • Safety
• Quality Control
• Subcontractor and HR Management
• Cost Control
• Schedule Control
~ TECTAAMERICA
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62 `
Operations & Maintenance Overview
Ice damage, high winds, rain and snow will take their toll on any roof. And while you can’t know when these weather events will take place, you should know that you’re prepared for them. Otherwise you run the risk of unexpected roof problems interrupting your business, causing unhappy tenants, disappointed customers and severe financial loses for your business. The good news is a small investment in a regular program of roof inspections and maintenance can help you avoid and minimize unexpected and costly repairs.

In fact, independent analysis shows that dollars spent on preventive maintenance programs have a positive NPV and deliver 300% ROI over time.

Planned Maintenance: The best way to prepare for the worst Tecta America’s Planned Maintenance program is designed to take the worry out of roof asset management, while protecting and prolonging the life of your roof by:
• Providing predictable roofing expenses and lower overall costs. • Helping you budget maintenance dollars and allocate capital replacements.
• Keeping your warranties valid and your roofs performing at their best. • Tailoring a program to specifically fit your roof and your business.

The plan for planned maintenance:

Inspect - Our trained technicians examine the exterior roof system, while noting the conditions of wall panels, area dividers, parapets and roof penetrations and documenting conditions to monitor in the future.

Clean - All debris is removed from roof surface, gutters, interior drains and through-wall scuppers to prevent ponding water that may cause premature roof aging and damage.

Maintain - As needed, we replace deteriorated sealant on metal flashings, top-off pitch pans, re-seal suspect flashing at equipment curbs and perimeters. We also secure drain clamps and rain collars at pipe penetrations.

Report - We provide an annual summation of work performed, assessment of roof conditions, including updated roof drawings and photographs.

Restore your roof and your confidence - Harsh weather, installation of equipment, traffic on the roof or neglect can cause some roofs to show considerable wear, to the extent they fail before reaching their predicted usable life.

But these roofs can be restored to a maintainable condition so they will reach their expected useful life, which in turn, delays the capital cost of major roof replacement. ~ TECTAAMERICA
Free enrollment •
Cert ified Roof ing
Technicians •
licensed.bonded
and fully insured •
Leak free guarantee
for your roof• •
24n Solutions
Center for responsive immediate serv ice
dispatching
Prio rity service
afte r severe • weather
Immediate repair
up to pre-authorized
limi ts •
Routine ptanned
maintenance visits •
Te<:ta Tracker
Roof Asset • Management
Roof Assessor
Proprietary
Diagnostic • Roof Rating
System
Tenant
improvements •
Due diligence • ...... ,ir. errc:o,,-,w,►tN'tdtld ftJt»it(S ~ Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
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As part of TectaCare Planned Maintenance, Tecta will make all the necessary repairs to bring your roof to maintainable condition. And all repairs made for roof restoration are backed by Tecta’s one-year, leakfree renewable guarantee.

Roof Asset Management Overview
Tecta Plan, Tecta’s Roof Asset Management Program, gives you all the information you need to manage a portfolio of roofs and the tools to optimize your roof maintenance and capital budgets.

Tecta Plan is powered by Tecta Tracker, a proprietary information platform designed to provide more effective management of your roofing portfolio. It starts with Tecta Tracker Qualified Technicians performing a rigorous assessment and gathering relevant data that drives informed roofing decisions. All of our Tecta Tracker Certified Technicians must undergo extensive training and testing to qualify them for this distinction.

The Tecta Plan Roof Asset Management program evaluates roof conditions, repair costs and forecasts the remaining useful life of each of your roofs. The proprietary Roof Assessor scores your roof system on key criteria leading to an objective, quantitative score. This allows you to compare different roof sections and facilities in order to prioritize roof spending. Consequently, Tecta Plan helps you avoid unexpected budget and roofing issues, facility downtime and premature roof failure or replacement.

Data Acquisition & Entry Process
• Tecta Certified Inspectors perform field inspections assessments. • Photos will taken by site personnel & processed
• Field data will be securely delivered to Tecta’s secure site for data entry, processing, and drawings • Secure Site Set-Up
• Reports Delivered according to NNSA Guidelines
Recommendation Schedule
Inspection
Collect
Data
Data
Entry
Analysis
~ TECTAAM ERICA
Free enrollment •
Qualified Roofing
Technicians •
Licensed, bonded
and fully insu,ed •
Leak free guarantee
for your roof • •
24n Solutions
Center for espo ve
immediate service
dispatching
Routine planned
maintenance visits •
Tenallt
improvements •
Due diligence • ., .,..,,, ,_.......,, -· pe,fr,rm«J
..

Tecta America Corp . I 9450 Bryn Mawr , Ste. 500 I Rosemont, IL 60018 I T: 847 .581 .3888 F: 847.581 .3880 I tectaamerica .com ATTACHMENT 1
64 `
TectaTracker®
• Launched in 2001, TectaTracker is the
premier roof asset management software in
the roofing industry.
• Developed exclusively by Tecta America
• 4,000 facilities/14,000 roof sections &
200M SF under management
• On-demand 24/7 access via web portal
Tecta Tracker Database
• As-built data organized & stored for easy
reference
• Warranty status & documents cataloged
• Snap-shot view captures age, pending
repairs, roof condition & photos
Powered by TectaTracker:

Detailed Documentation
• All your critical information in one place, including drawings, photos, warranties, proposals, historical information and other documents for quick, secure access. An invaluable resource for large portfolio managers.

Roof Assessor
• Provides you with an objective assessment of the roof condition and estimated remaining service life.

TectaTracker’s consistent rating systems help you evaluate overall roof performance.

Reports
• Create customized reports on one or multiple properties in your online portfolio to meet your specific needs, and get detailed information on your roof system and roof condition.

Financial Planner
• Get a better handle on budgeting. Provides a 10-year forecast and condition-based estimate of anticipated maintenance and repair costs. In addition to budgeting operating costs, track capital expenses and perform a deferred analysis on any or all roofs in your portfolio. ~ TECTAAMERICA
~ T ECTA T RACKER'
* * *
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Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581.3880 I tectaame rica.com ATTACHMENT 1
65 `
Current year roofing expense Service Center Report Work Order Summary Work
Orders
Requested
Work
Orders
Completed
Open
Work
Orders
78 65 13
Total
Dollars Avg/Order
$300,000

$3,846
10 year forecast ERSL at a Glance Roof Inventory
Program Benefits
• Simplified process
• Consistency in reporting, tracking, and pricing
• Immediate and Long-Term Savings
• Quality, safety, industry strength
• One point of contact
• Transparent process locally
• Warranty protection and documentation
• Service and response
• Ability to better track and predict future expenditures TectaTracker is a key element in delivering a strong preventive maintenance program • The Roof Assessor Tool provides an objective quantitative assessment of the roof condition • The 5-year forecast provides data to use in budgeting operating costs • The remaining estimated life provides information for capital expense budgeting • Fact based analysis of roof condition
• Allow owner to prioritize between multiple buildings, roof sections 0 5,000
10,000
15,000
20,000
25,000
30,000
Facility A Facility B Facility C Facility D 0
500000
1000000
1500000
2000000
2500000
3000000
3500000
4000000
4500000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
~ TECTAAMERICA
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Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
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PROJECT TECHNICAL APPROACH & MANAGEMENT PLAN
This section of the proposal covers Key Personnel Roles & Responsibilities, Subcontractor Management, Safety, Quality Control, Contract Administration, Scheduling/Cost Control, Waste/Debris Management, and Contract Close-Out:

TECTA’s management approach to successful management will emphasize the following priorities:
• Safety
• Quality Control
• Subcontractor and HR Management
• Cost Control
• Schedule Control
In our response, we have provided for your evaluation a summary of our capability to meet these critical priorities to successful management of this project.

Preconstruction – Our estimating and preconstruction (“Pre-Con”) department supports the efforts of our group in developing cost estimates for the SOW under this contract. Our Pre-Con department is uniquely qualified to provide hard dollar lump sum bids via drawing take off efforts, etc. as well as conceptual design build cost proposals.

Logistics – TECTA operates multiple crews, in every Operating Unit to serve our projects. In addition, we have space to store fabricated materials, purchased materials, and equipment. This allows us to deliver fabricated materials and equipment directly to the jobsite on a schedule basis. This makes logistics on the jobsite cleaner and easier for the owner and prevents unplanned deliveries and coordination issues with the owner’s facility.

Accounting – We track labor, material, and subcontractor costs on every project by work activity on the project. We use MS Project or Primavera to develop our schedules. Schedules can be cost loaded if required but we typically use an agreed upon schedule of values to back up our monthly billings on lump sum project. We routinely perform cost plus projects in the commercial sector and our accounting system is capable of tracking and reporting costs that directly back up our billings on these projects. Our experience in accounting on government projects is the backbone of our ability to control job cost. TECTA accounting systems and practices will allow our project manager to know and manage the costs of all components of a project as it is being performed.

Outline of SOW Response and Process

PRECONSTRUCTION
Step 1. TECTA Corporate Construction Executive will review the SOW to develop resource plan to achieve the best value. The Operating Unit President assigns a Project Manager (PM). The PM will attend site visit and clarify any ambiguities related to the SOW and client’s project objectives.

Step 2. Led by TECTA’s PM, planning is developed for the project approach, implementation, crew selection, subcontractor qualification/selection, identification of cost saving methods, prepare work/cost schedule, develop preliminary quality control and safety plans.

Step 3. The PM will submit a cost effective low-risk technical plan for review and approval to the Corporate Construction Executive and the client.
~ TECTAAMERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
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Issuance of Notice-to-Proceed (NTP)
Step 1. PM will coordinate project plans by conducting a “kick-off” meeting with the assigned Quality Control Manager (QCM), Safety Manager and Superintendent.

Step 2. PM will coordinate the project specific plan for technical execution in order to institute work controls, product material submission and permit requests, manage productivity, direct resources, prepare closure reports, prepare weekly reviews, monitor cost/schedule progress, respond to modifications, track subcontractor performance and enforce corrective actions. The project plan will include an environmental protection and site security plan.

Step 3. Quality Control and Safety Plan will be submitted within 2 days. The plan will include enforcement of the initial team orientation meeting, safety/quality controls, project objectives, schedule milestones, inspections and preparation of reports.

Step 4. PM will establish the appropriate site security, environmental protection measures, and begin mobilization of personnel and equipment to complete the project accident free, on–time and within budget.

Step 5. Demolition and reinstallation of roofing system per project scope.

Step 6. Final inspections and punch list completion.

Step 7. PM, QCM and Superintendent conduct project closeout.

Project Manager – Our PM will be responsible along with the project management team for all estimating, scheduling, budgeting, purchase orders and subcontracts. The PM will have signatory authority, will be able to negotiate work orders, and will have the full authority to bind TECTA. The PM will be a source of contact for the duration of the project. This approach will eliminate all communication confusion. The PM will generate monthly invoices, update CPM schedules, manage subcontractors, write purchase orders and monitor project budgets.

Quality Control Manager – The Quality Control Manager (QCM) assigned to the project will manage the performance of our QCM functions. The QCM oversees the thorough inspection of the project every day and ensures that proper QC instruction is given and followed. The QCM answers to the PM only in matters of daily logistics, but the QC program has its ultimate source of authority at the Office. In this way, QC remains the highest priority and will not suffer as a result of other project concerns. It also provides the QCM with the ultimate autonomy to make decisions solely with regard to quality.

The responsibilities of our QC inspection personnel also include scheduling their efforts to ensure that inspections are completed and documented in a timely manner. The QCM will ensure that the contracting office is always notified in advance of our inspections and will invite your inspectors to observe, participate, or advise in those inspections. QC is one of our highest priorities and it is the responsibility of the QCM to ensure that quality control inspections are implemented on every delivery order and that QC education is provided to each of our employees and subcontractors. The QCM will also respond to engineering and contracting issues as well as perform trend analysis and whenever necessary, initiate corrective action. In addition to the daily inspection of work sites, the QCM will insist that certain pre-set milestones (definable features of work) have quality control approval before the project can advance. These milestones are defined as structural, mechanical, electrical, or otherwise complex or critical project elements. ~ TECTAAMERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
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The client will be notified by the QCM when milestone quality inspections are to take place. When necessary, all quality control sampling and testing will be performed by subcontracted sources and outside laboratories. Certificates of accreditation will be required of all testing laboratories or specialists used under this contract. We will provide copies of the certificates and any other verification of compliance to the client. Our QC plan is designed to prevent problems and/or catch problems prior to project completion. This has virtually eliminated punch list items at our contract sites. However, if any items are found upon final inspection, we will take immediate action to correct all punch list items as soon as possible. A report will then be submitted to the client, detailing the correction of each item.

Superintendent – The on-site Superintendent reports directly to the PM and is responsible for supervising the work of craftsmen and subcontractors, maintaining project schedules, and verifying that work is completed in accordance with the plans, scope of work, and specifications. He will also ensure that proper safety and housekeeping procedures are followed, and that progress reporting is performed in a timely manner. The Superintendent will maintain constant communication with the subcontractors as well as the PM in order to ensure that the project proceeds in accordance with our high standards of quality, timeliness, and safety. The Superintendents are authorized to initiate change orders, if necessary, to expedite work.

The Superintendent will also work with the QCM and Safety Manager to ensure that all the TECTA Team personnel and subcontractors are aware of quality and safety issues and are provided educational opportunities and safety training when necessary. The Superintendent will ensure that any new addition to the on-site workforce attends a safety orientation and receives any necessary individual instruction with regard to safe work procedures. The project Superintendent will be held responsible for accident prevention and will issue safety instructions when work assignments are made, verifying that all crews have, as well as use, the proper protective equipment. He will also check for unsafe practices and conditions, and assist the QCM in checking for unsafe practices and investigating any accidents to determine cause and corrective action.

Safety Approach to Field Implementation and Enforcement – “Safety First” is the priority at TECTA.

Our Safety Manager assigned to this project will have completed a minimum of 30-Hour OSHA training.

The role of our Safety Manager on the contract will be to develop and coordinate the site-specific Safety Plan, to include implementing the safety, environmental protection and security plan for all on-site personnel. Field Safety Managers will report to the TECTA Corporate Safety Director. “Safety First” is practiced at all times. Safety will always maintain a prominent role in all of TECTA’s work plans submitted to the client. Our safety leadership will be comprised of a Safety Manager who will report to the PM. The Safety Manager will establish, manage and maintain a safe working environment, which allows construction personnel to build in accordance with design specifications with quality workmanship. Our assigned Safety professionals will lead meetings with all sub-contractors and ensure that all contractors are properly briefed on safety rules, regulations and considerations.

Responsibility for achieving our safety goals is held primarily by our Superintendent/Safety Manager but a priority for key personnel and subcontractors. Safety will receive full involvement of company management. Individual responsibilities are identified for field management. Every field management employee on our construction site may shut down a particular work operation that poses ‘imminent danger’ or if a situation arises which is immediately dangerous to life or health. ~ TECTAAMERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
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When such action has been taken, the Primary POC and/or PM shall be immediately notified and actions to remedy the situation shall be implemented. Managers and Supervisors from trade subcontractors shall also ensure that employees placed under their direction are trained and informed of safe methods and shall conduct their responsibilities in a safe and professional manner. The PM will schedule a meeting to communicate safety orientation.

The Safety Manager will ensure safety concerns are addressed to enforce safety awareness. The Safety Manager will develop a site-specific safety plan that will incorporate security concerns as well. The Safety Manager will brief the on-site construction team to include subcontractors. Safety will be the responsibility of everyone on the job site. Safety and quality principles are inseparable. Our priority for each project is to perform quality work in the most efficient, and safe manner possible.

Sustainability and Waste Management Approach – TECTA will implement reuse and recycling procedures to reduce disposal. TECTA will ensure that debris management is incorporated into the scope of work for the contract. TECTA will develop and implement procedures to keep solid waste from being contaminated and in a condition required for acceptance by a designated reuse, recycling, or disposal facility. Solid waste, rubbish, debris, and other discarded solid materials will be placed in containers that are emptied on a regular schedule. Handling and disposal will be conducted to prevent contamination.

Segregation measures will be employed so that no hazardous or toxic waste will become co-mingled with solid waste. The solid waste will be transported off of public property, and disposed of in compliance with Federal, State and local laws and regulations pertaining to the use of landfill areas.

Problem Prevention and Minimization – Weekly training will be conducted by the Superintendent in an effort to prevent and/or minimize any adverse environmental problems. The training will be completed before work begins and when conditions change. This training shall include methods of detecting and avoiding pollution; familiarization with pollution standards, both statutory and contractual; and installation and care of devices, and instruments required for monitoring purpose to ensure adequate and continuous environmental pollution control. Listed below are the project specific learning objectives of this training:
• Provide an overview of environmental and sustainability issues. • Ensure compliance with federal, state, and local environmental laws. • Review of site-specific procedures and management plans to establish expectations. • Methods of detecting and avoiding pollution
• Familiarization with statutory and contractual pollution standards. • Anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants • Spill containment exercise will occur monthly as part of weekly toolbox meetings establishing a familiarity with a plan in case a spill occurs.

Proposed Processes for Requests For Information (RFI) – RFI’s may be initiated by anyone providing services to the project. The RFI may be prepared in electronic format and/or hard copy. An RFI will be funneled through Foreman, Superintendent and/or the PM. Each RFI will be reviewed by the next level of management with final review by the QCM. Upon final formation, the RFI will be submitted to the client by the QCM or PM. Upon receipt of the client response to an RFI, it will be delivered to the Project Engineer for copying, filing and distribution to the PM. The PM will process the RFI according to the required action with the Superintendent, Foreman, etc. Should the RFI response impact the management plan or schedule, changes will be made according to the required action.
~ TECTAAMERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
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Submittal Reviews and Approval – Submittal information will be provided by and prepared by the TECTA QCM responsible for the action being documented/ reported. The submittal information will be validated and submittal documents prepared by the QCM. Each submittal package will be approved for submittal to the client by the PM/Submittal Reviewer and QCM. A transmittal form will be generated for numbering and tracking on the submittal register.

Testing Laboratories and Procedures – When necessary, all QC sampling and testing will be performed by subcontracted sources and outside laboratories. Certificates of accreditation will be required of all testing laboratories or specialists used for any testing done under this contract. We will provide copies of these certificates, chain-of-custody and any other verification of compliance to the client. The testing company used might vary from project to project, but each testing subcontractor will be required to produce the necessary qualifications and credentials to perform laboratory testing.

Project Closeout Procedures – The QCM will perform the final building turnover, close-out and commissioning in accordance with the following:
• Manage and implement a Commissioning Plan for all systems associated with the SOW for this contract through coordination with each discipline
• Develop & maintain a punch list of all construction deficiencies at end of construction period. QCM will ensure all deficiency items have been completed and/or corrected prior to Owner turnover. The Owners Representative will participate in preparation of the Final Punch List • Develop and organize equipment and system training involving installing contractors and suppliers.

All training will be coordinated and scheduled with end user upon completion; startup and commissioning of each equipment item and/or system.

TECTA’s Completion Package – Once the project is complete, any changes or modifications to the construction drawings must be incorporated into accurate as-built drawings, submitted to the client in the package listed below. As-built drawings will show changes and revisions to the construction drawings including structural details, foundation layouts, subsurface utility lines, equipment, sizes, etc. If the completed construction reflects no modifications to the construction drawings, then copies of the original construction drawings may be stamped “as-built drawings.” TECTA Completion Package:
• Book of Warranties
• Product User Information Binder:
• Safety Precautions
• Normal Operations and Service Requirements with Maintenance/Repair Procedures • Environmental Conditions
• Material Safety Data Sheets
• Personnel Training Requirements and Briefing from TECTA Superintendent • TECTA Contact Information
• As-Built Drawings
• Property Records
~ TECTAAMERICA
Tecta America Corp. I 9450 Bryn Mawr, Ste. 500 I Rosemont, IL 60018 j T: 847 .581 .3888 F: 847.581 .3880 I tectaame rica.com ATTACHMENT 1
71 Tab 5 – Products and Services
¨ It is the intention of NCPA to establish an annual contract with highly qualified vendor(s) for Roofing Products and Services on a national basis. Vendor(s) shall, at the request of NCPA member, provide these covered services under the terms of this RFP and the Contract Terms and Conditions. Vendor shall assist the NCPA member with making a determination of its individual needs, as stated below. ¨ The Contractor shall furnish all necessary labor, materials, tools, supplies, equipment, transportation, supervision, management and shall perform all operations necessary and required for construction work. All work shall be performed in accordance with the requirements set forth in the resulting contract and each mutually agreed upon work request or purchase order issued by the NCPA member.

INFORMATION TO OFFERORS
¨ NCPA intends to enter into Roofing Products and Services Contract(s) for the construction, maintenance, repair and alteration services related to roofing systems. These contracts will be available for use by all public entities such as ESC’s, ISD/USD’s, universities, city and county governments, community colleges, state and federal agencies in these United States and other jurisdictions. It may also be used by certain private non-taxed entities. Each entity signs an interlocal agreement approved by their board or designated agent with NCPA when required by state statute.
¨ Offerors are encouraged to offer turn-key solutions to address the full range of roofing services being sought in this solicitation, however offering a turn-key solution is not a requirement that must be met in order to be considered for award.

OFFERORS ARE REMINDED THAT NO WORK IS OR HAS BEEN GUARANTEED UNDER THIS CONTRACT.

¨ Those companies seeking multiple state awards should provide contractor license to work in the requested states and propose a separate coefficient for each. ¨ If a respondent is awarded a contract for the requested states and later decides to request additional states to work in under the contract, then a written request must be made to NCPA requesting the additional state(s). In addition, the contractor must provide proof of license and bonding capability to work in the requested new state(s) along with proof of insurance and other relevant documents.

It is the intent of NCPA in this document to meet each state’s statutory requirements for performing Roofing Services in that jurisdiction.
¨ If a respondent is awarded a contract for the requested states and later decides to request that additional affiliates be allowed to work on this contract, then a written request must be made to NCPA regarding the addition of the affiliate(s). Successful Respondents must also submit a written request to NCPA if they wish to discontinue an affiliate from doing work on this contract. All work done under this contract by affiliates, subcontractors or other parties will be the responsibility of the primary contract holder.
¨ Upon award, the contractor may be designated as the NCPA roofing contractor by a client via an approved inter-local agreement. Clients may not compete Roofing Services jobs between contractors ATTACHMENT 1
72 or designated hard bids in violation of Texas State law. The inter-local or interstate agreement (members in other states may conform to their state and local statutes in using NCPA contracts) must be signed between each member and NCPA.
¨ The contractor should describe in its business plan how it will include and work with local subcontractors and how it will work with local architects and engineers, especially those A&E firms already working with client members.
¨ NCPA will receive 3% of the total revenue from each PO executed under this contract less any sales tax or performance or payment bond. This fee will be included in the contractor’s pricing proposal and will not be issued as a separate line item in any job proposals issued to client members. ¨ NCPA encourages the use of HUBs, MWBEs and SBEs both as prime and subcontractors. However they must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify their subcontractors. Some client members will have a set goal for subcontracting requirements and will require that a plan be attached as an addendum to the PO outlining how the contractor will endeavor to meet their goal. Specific plans as part of the contractors’ business plan to meet these goals will be part of the overall contractors evaluation process as well as selection process for certain client members as a requirement for their delivery orders.
¨ NCPA will provide some oversight in assisting both the client members and the contractors in the marketing to the client members, training (education), and provide at a minimum an annual audit and review of each of the contractor’s programs.
¨ The contractor at his expense and included as part of overhead will provide adequate insurance coverage meeting at a minimum the requirements of the State of Texas or the state where the job is located. The contractor, if awarded a contract, will provide within 14 days but prior to the commencement of work, a certificate of insurance showing that NCPA has been named as additional insured. If the member has higher insurance requirements, than those requirements may be added as an addendum to the purchase order.
¨ Recognized holidays include: Presidents Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and New Year’s Day.
¨ Regular work hours will be considered to be 7am to 5pm local time unless otherwise agreed by NCPA member. A schedule for performance of work that can be met without planned overtime is the responsibility of the Contractor, unless otherwise requested by the owner.

CONTRACT AND DOCUMENTS
¨ The contract shall include the contract, its terms and conditions, any agreed upon amendments, as well as all of the sections of the solicitation and the contractor’s proposal. Once signed, if the contractor’s proposal varies or is unclear in any way from the NCPA contract, NCPA, at its sole discretion, will decide which provision will prevail.
¨ Other documents to be included are the contractor’s proposals, task orders, purchase orders and any attachments which have been issued.

ATTACHMENT 1
73 PERFORMANCE BOND PLAN
¨ The contractor shall submit a detailed performance bond plan that will meet the member’s local and state statutory requirements. The vendor is required to be knowledgeable and current on all statutory requirements for bonding. This should include, but is not limited to, a letter from a surety company that is licensed to do business in the states being proposed on in the submittal.

Respondents shall also provide a written statement acknowledging that they can provide surety letters for any affiliates to NCPA or its members upon request. Contractors may need to provide additional capacity as work orders increase. Bonds will not require that a fee be paid to NCPA. The actual cost of the bond will be a pass through expense to the client and added to the purchase order.

SAFETY/ENVIRONMENTAL PLAN
¨ The contractor shall submit a detailed safety plan with their submittal. It should specifically address how the contractor will implement this plan with the subcontractors. The safety plan will need to address OSHA compliance, environmental compliance, drug testing, trend analysis and noncompliance corrective action. It should also state whether a safety officer will interact with the client member’s staff and management of safety and environmental issues while working in occupied areas.

QUALITY ASSURANCE/QUALITY CONTROL PROGRAM
¨ The contractor shall submit a QA/QC plan within with their submittal. This plan shall detail the day to day surveillance of work and provide documentation of deficiencies and corrective actions. It should note subcontractor compliance issues and trend analysis and how inspectors will interface and work with both the subcontractors and the client members staff.

SUBCONTRACTING PLAN AND/OR EXPLANATION OF APPLICABLE AFFILIATE RELATIONSHIPS ¨ The contractor shall submit a subcontracting plan with their submittal. This plan will explain the subcontracting procedures providing assurances that the subcontractors meet the same high standards as the contractor. This will include a subcontractors log, subcontractor qualification form, felony conviction notice and child and sex offender notice. This plan will also address how the contractor will implement his safety plan with subcontractors (may reference the contractors safety plan). The subcontractors will be held to the same standards as the primary roofing contractor. ¨ A distinct portion of the subcontracting plan needs to deal with attracting, utilizing and mentoring small and disadvantaged businesses including how your company will attract these firms. Describe how your company will institute a prompt payment plan upon completion and acceptance of their work and how your company will make progress payments to subcontractors on long term job orders.
¨
The contractor shall submit a plan detailing the relationship with any applicable affiliates that may do work under this contract. This submittal should include, but is not limited to, work history, credentials, PO processes and process to maintain upstanding workmanship and service.

PRODUCT PERFORMANCE MINIMUM REQUIREMENTS
ATTACHMENT 1
74 ¨ All roof systems must meet the regulatory requirements of the International Building Code, all applicable state and local codes for public buildings, including, but not limited to, UL 790, Class A, and FM Class 1-90 Fastening Standards. The prime contractor awarded a contract will comply with the latest, most stringent industry-standard construction details published by the National Roofing Contractors Association’s The NRCA Roofing and Waterproofing Manual, 4th edition. (NRCA, 10255 W. Higgins road, Suite 600, Rosemont, IL 60018 || 847-299-9070 || Fax 847-299-1183). Any deviations, such as the use of proprietary designs of the prime contractor or special construction for regional climatic conditions, must be identified and explicitly agreed to by the NCPA member.

ASSOCIATED PROJECT SUPPORT REQUIREMENTS
¨ This will consist of the following points. (1) The contractor shall remove movable furniture in the work area and place it back in the required location upon completion. (2) The purchase, delivery and storage of project construction materials should not interfere with the clients operations. (3) Damages that occur to the client’s facilities or equipment must be repaired or purchased to like or better condition by the contractor at no charge. (4) All permits will be acquired by the contractor and invoiced at cost as part of the purchase order, unless they are provided by the client member. ¨ If there is a dispute between the contractor and client, NCPA or its representatives will assist in conflict resolution or third party (mandatory mediation), if requested by either party. ¨ NCPA or its representative reserves the right to inspect any project and audit the contractor’s NCPA project files, documentation and correspondence.
¨ Utilities at the job sites will be furnished free of charge to the contractor by the client member. Water will be furnished free, with all of the taps, connections and associated equipment supplied free of charge to the contractor or supplied by the contractor and charged to the client. Upon project completion, the connections will be removed at the direction of the client. ¨ It is the contractor’s responsibility to analyze his electrical needs and the ability of the client’s facility to accommodate his request. The electricity at the job site will be free to the contractor. It will be the responsibility of the contractor to coordinate his requests and needs with the client. If additional capacity is required, the contractor is responsible for arranging for the equipment, the installation and removal at his own expense. If possible, toilet facilities will be made available by the client or the contractor will make arrangements for portable toilets. ¨ The Member Agency reserves the right to require the contractor’s employees, representatives and consultants to wear identification and stay in designated work areas at all times while on the Member Agency’s property. The Member Agency shall have the right to effect the immediate removal of any person associated with the contractor from the member’s property for failure to wear identification, for being outside a designated work area, or for engaging in any behavior that the member deems inappropriate directed toward or in the vicinity of students, employees, officials, or guests of the NCPA member.
¨ Contractor shall perform the appropriate background checks of any personnel that will be performing the services within the proximity of minors. Contractor shall notify the Member Agency of any proposed employee who has been convicted, pled guilty or pled “no contest” to a criminal ATTACHMENT 1
75 offense, and the Member Agency reserves the right to reject the proposed employee with a criminal background. No person employed by Contractor who has been found guilty of any criminal offenses shall be allowed into the work site without prior approval of the NCPA member.

Description of Products and Services Offered
(Note: Pricing is to be provided separately in the TAB 7-Pricing ) ¨ A listing of products and services that should be offered under this contract is provided in TAB 7-Pricing, but the offering need not be limited by this listing.

Contractor may provide additional products and services either in this section or the value-add section. Pricing on these non-line items products and services can be addressed through a margin, RS Means or any other auditable pricing mechanism.

Any product or service offered must have pricing that can be audited as outlined in the Pricing section in this solicitation (TAB 7). RS Means or any other approved benchmarking service can be used as an alternate pricing mechanism for special situations. Provide the coefficient(s) for all applicable regions for RS Means on the final page provided in the TAB 7-Pricing.

ATTACHMENT 1
76 Tab – 8
All content for
Tab – 8
Value Added Product and Services
Included in Tab 4 Narrative
Please review Tab - 4
~ TECTAAMERICA
Tecta America Corp . [ 9450 Bryn Mawr, Ste . 500 I Rosemont, IL 600 18 I T: 847 .581.3888 F: 847 .581.3880 I tectaamerica .com ATTACHMENT 1
77 Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
ATTACHMENT 1
78 Contractor Requirements
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service.

Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

Authorized signature
Date
ATTACHMENT 1
79 Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company name
Address
City/State/Zip
Telephone No.

Fax No.

Email address
Printed name
Position with company
Authorized signature
ATTACHMENT 1
80 FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).

In addition, Contractor agrees to the following specific provisions:
1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.
2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);
b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871).
4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents:
a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.

ATTACHMENT 1
81 Required Clauses for Federal Assistance provided by FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project.

Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective ATTACHMENT 1
82 employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of ATTACHMENT 1
83 payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract.

Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C.

Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

ATTACHMENT 1
84 Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

ATTACHMENT 1
85 State Notice Addendum
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/Local_Government/Cities.shtml http://nces.ed.gov/globallocator/
https://harvester.census.gov/imls/search/index.asp
http://nccsweb.urban.org/PubApps/search.php
http://www.usa.gov/Government/Tribal-Sites/index.shtml
http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ https://sos.oregon.gov/blue-book/Pages/state.aspx
https://portal.ehawaii.gov/government/
https://access.wa.gov/governmentagencies.html
ATTACHMENT 1
86 Region XIV Education Service Center
1850 High way 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Friday, December 6
th
, 2019
Tecta America Corp
ATTN: Andy Carr
9450 W. Bryn Mawr, Suite 500
Rosemont, IL 60018
Dear Andy:

Region XIV Education Service Center is happy to announce that Tecta America Corp has been awarded an annual contract for Roofing Products and Services based on the proposal submitted to Region XIV ESC.

The contract is effective immediately and will expire on November 30th, 2023. The contract can then be renewed annually for an additional three years, if mutually agreed on by Region XIV ESC and Tecta America Corp.

We look forward to a long and successful partnership underneath this contract.

If you have any questions or concerns, feel free to contact me at 325-675-8600.

Sincerely,
Sh
Region XIV, Executive Director
ATTACHMENT 2
87 Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
DocuSign Envelope ID: 04FD544B-0A80-4BC6-9F7F-C33567C57E55 Thursday, September 14th, 2023
Tecta America Corp
ATTN: Andy Carr
9450 W. Bryn Mawr, Suite 500
Rosemont, IL 60018
Re: Annual Renewal of NCPA contract #02-75
Dear Andy:

Region XIV Education Service Center is happy to announce that Tecta America Corp has been awarded an annual contract renewal for Roofing Products and Services based on the proposal submitted to Region XIV ESC.

The contract will expire on November 30th, 2024, completing the fifth year of a possible seven-year term. If your company is not in agreement, please contact me immediately.

If you have any questions or concerns, feel free to contact me at 325-675-8600.

Sincerely,
Shane Fields
Region XIV, Executive Director
ATTACHMENT 3
88 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ROOFING CONSTRUCTORS, INC. DBA WESTERN ROOFING SERVICE

FOR ROOF INSPECTION, MAINTENANCE, AND ON-CALL REPAIR
SERVICES IN AN AMOUNT NOT-TO-EXCEED $700,000 FOR A THREEYEAR TERM The City of Livermore (“City”) owns more than eighty buildings. As a result, the City requires services to inspect and maintain City roofs.

Livermore Municipal Code section 2.68.370 permits the formal bidding procedure for supplies, equipment, and general services to be dispensed with when purchased through a cooperative purchasing arrangement. Livermore Municipal Code section 2.68.390 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.

Tecta America Corporation holds a competitively bid cooperative purchasing agreement for roofing products and services through the National Cooperative Purchasing Alliance (now OMNIA Partners). Roofing Constructors, Inc. dba Western Roofing Service is a subsidiary of the Tecta America Corporation. The City is a member of OMNIA Partners, and the underlying purchase at issue was made using a quotation or bid procedure at least as restrictive as the City’s.

The proposed agreement with Roofing Constructors, Inc. dba Western Roofing Service provides for annual and semi-annual roof inspection, preventative maintenance, and general rooftop housekeeping services, and on-call roof repair services in an amount not to exceed $700,000. The term of the proposed agreement will commence on April 1, 2024 and terminate on March 31, 2027.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute a general services agreement with Roofing Constructors, Inc. dba Western Roofing Service, attached hereto as Exhibit A, for annual and semi-annual roof inspection, preventative maintenance, and general rooftop housekeeping services and on-call roof repair services, in an amount not-toexceed $700,000 for a three-year term.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 25, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
89 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
Exhibit A – General Services Agreement with Roofing Constructors, Inc. dba Western Roofing Service
90 Agreement for Services Page 1
Rev. 09/19/23

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of March, 2024, by and between the City of Livermore (“City”), a municipal corporation, and Roofing Constructors, Inc. dba Western Roofing Service (“Contractor”), a California corporation.

RECITALS
City requires services to provide annual and semi-annual roof inspection, preventative maintenance, and general rooftop housekeeping services, and on-call roof repair services for City facilities as needed.

Contractor warrants it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement.

Contractor acknowledges City has relied upon these warranties to retain Contractor.

AGREEMENT
NOW, THEREFORE, City and Contractor hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. Retention as Contractor. City hereby retains Contractor, and Contractor hereby accepts such engagement, to perform the services described in Section 3 below subject to the terms and conditions in this Agreement.

2. Relationship of Parties – Independent Contractors. The relationship of the parties shall be that of independent contractors. Contractor and its employees are not City officers or employees. Contractor is responsible for the supervision and management of its employees, including any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the services contemplated by this Agreement.

3. Description of Services. Contractor shall provide services to provide annual and semi-annual roof inspection, preventative maintenance, and general rooftop housekeeping services, and on-call roof repair services for City facilities as needed as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
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EXHIBIT A
91 Agreement for Services Page 2
Rev. 09/19/23
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
(e) Comply with all laws in effect that are related to Contractor and the Services; (f) Coordinate the Services with Jason Calkins, Public Works Supervisor Facilities (“Project Manager”), or such other person designated as the Project Manager by City;
(g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Contractor shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Contractor and City shall coordinate their delivery to City in the most efficient manner possible;
(j) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;
(k) Contractor shall correct, at its own expense, all errors in the Services.

Should Contractor fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Contractor;
(l) If applicable, Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Contractor shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,
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EXHIBIT A
92 Agreement for Services Page 3
Rev. 09/19/23
(m) Contractor’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $700,000 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.
(b) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on April 1, 2024, and terminates upon the completion of the Services or March 31, 2027, whichever occurs first.

7. Termination by City. City may terminate any portion or all of the Services by giving Contractor at least 30 calendar-days written notice. Upon receipt of a termination notice, Contractor shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and assemble the work on the Services for delivery to City on the termination date. All compensation for Services performed prior to the termination date shall be payable to Contractor in accordance with Section 5.

8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items prepared or obtained by Contractor in the performance of the Services are City’s property and Contractor shall deliver them to City upon demand.

9. Copyright and Right of Use. All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disclosed by Contractor to City and Contractor obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.

10. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’s employees who require access to the information to perform the Services. This obligation shall survive !



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EXHIBIT A
93 Agreement for Services Page 4
Rev. 09/19/23
termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated 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 contemplated by this Agreement, or in connection with Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City. (a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

12. Insurance. Contractor shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Services.

Upon reasonable written notice, Contractor shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.

13. Acceptance of Final Payment. Contractor’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.

14. Acceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

15. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor. Contractor shall not offer, encourage, or accept any !



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EXHIBIT A
94 Agreement for Services Page 5
Rev. 09/19/23
financial interest in any part of Contractor's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Contractor represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement, and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

16. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the Services involve making, or participation in making, decisions which may have a material effect on the Contractors’ financial interest. While it is Contractor’s sole responsibility to evaluate its conflicts of interest, the Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.

17. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the right to provide, and to retain other Contractors to provide, services that are the same or similar to the Services described in this Agreement.

18. No Assignment. Contractor shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty percent or more in the ownership or control of Contractor constitutes an assignment.

19. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. As a condition precedent to commencing legal action involving a claim or dispute against City arising from this Agreement, the Contractor must present a written claim to City in accordance with Chapter 3.42 of the Livermore Municipal Code.

20. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services.

Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City can be used in place of the original for all purposes with the same effect as if it was the original.

22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation:

23. !



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EXHIBIT A
95 Agreement for Services Page 6
Rev. 09/19/23
TO CITY: Attention: Jason Calkins
City of Livermore
3500 Robertson Park Road
Livermore, California 94550
TO CONTRACTOR: Attention: Sean Carr
Roofing Constructors, Inc.
d/b/a Western Roofing Service
15002 Wicks Blvd
San Leandro, CA 94577

24. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party.

25. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way.

26. Survival. The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

27. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

28. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and Attachment List on the Next Page
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EXHIBIT A
96 Agreement for Services Page 7
Rev. 09/19/23
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONTRACTOR: Dated:
____________________________ ___________________________ By: Kristopher Makie
Title: COO
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C - DIR Compliance Certification

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EXHIBIT A
97 Exhibit A
Scope of Services
Roofing Constructors, Inc. dba Western Roofing Service (“Contractor”) shall provide all necessary labor, materials, vehicles, equipment, and supplies to perform the following services:

1. Roof Inspection Services ("Task One")
a. Contractor shall perform the following roof inspection services:
i. Visually inspect roof membranes and roof surface conditions; and ii. Visually inspect the flashing systems including, but not limited to:
ƒ The metal edge system;
ƒ Base flashings on equipment and adjoining walls;
ƒ Counterflashing and termination details;
ƒ Soil stacks and vents; and
ƒ Roofing details for rooftop projections and equipment, such as pitch pans, HVAC equipment, skylights and access hatches. b. Visual inspections do not include inspections for internal or latent water damage or mold growth or detection or identification of mold or other latent conditions.
c. Contractor shall perform visual inspections once per year at all sites specified in the “Service Locations and Pricing” chart contained in this Exhibit A (“General City Sites”) and twice per year at all sites specified in the “Service Locations and Pricing – Water Resources Division” chart contained in this Exhibit A (“WRD Sites”).

2. Preventative Maintenance Services ("Task Two")
a. Contractor shall perform certain preventative maintenance services on:
i. Flashing components and details, including, without limitation:
ƒ Patching minor flashing defects and kick holes;
ƒ Reinforcing open flashing laps;
ƒ Sealing open metal edge laps and open flanges within reason; ƒ Sealing open coping joints;
ƒ Sealing expansion joint laps and re-securing and/or sealing intermittent fasteners that have backed out;
ƒ Topping off pitch pans;
ƒ Caulking storm collars;
ƒ Resealing intermittent voids in termination bar and
counterflashing; and
ƒ Informing City if Contractor observes that any extensive repairs to flashing components and details are required.
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EXHIBIT A
98 ii. Roof membranes, including, without limitation:
ƒ Repairing intermittent splits, tears, open laps and breaks in the membrane;
ƒ Patching any fractured blisters or those in danger of fracture due to traffic; and
ƒ Informing City if Contractor observes that extensive repairs to the roof membranes are required.
iii. Drains, gutters and scuppers, including, without limitation:
ƒ Removing and cleaning debris from drains, gutter systems, and downspouts;
ƒ Tightening drain bolts and clamping rings (if possible); ƒ Repairing strip-in around drains and scuppers;
ƒ Re-securing gutters and seal open gutter joints; and
ƒ Informing City if Contractor observes missing drain strainers. b. Preventative maintenance does not include:
i. Repairs or maintenance of any building component other that the roofing system;
ii. Remediation, detection or abatement of mold; or
iii. Recoating or other significant repair to, or replacement of, the roof membrane.
c. Contractor shall perform these preventative maintenance services once per year at all General City Sites and twice per year at all WRD Sites. d. Contractor shall schedule annual and biannual preventative maintenance services with the Project Manager a minimum of seven (7) business days in advance of performing said services.

3. General Rooftop Housekeeping Services ("Task Three”) a. Contractor shall:
i. Remove debris (e.g. leaves, branches, paper and similar items) from the roof membrane and drainage areas; and
ii. Dispose of debris at City-approved locations.
b. General rooftop housekeeping does not include removal of obsolete HVAC components, any construction materials left by other trades, and other equipment left on the roof.
c. Contractor shall perform these rooftop housekeeping services once per year at all General City Sites and twice per year at all WRD Sites. !



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EXHIBIT A
99 4. Roof Repair Services (“Task Four”)
a. Contractor shall, upon the prior direction of the Project Manager, repair roof surfaces that develop leaks or have become damaged due to natural disasters or normal wear and tear.
b. Contractor shall not perform roof repair services without the prior authorization and direction of the Project Manager.

5. The above-mentioned roof inspection, preventative maintenance, general rooftop housekeeping services, and roof repair services do not include extensive repairs, restoration or replacement of a deteriorated roof, such as recoating or resurfacing of the flood coat or the reflective coat of the roofing system. If such steps are necessary, Contractor shall notify the Project Manager and provide recommendations to replace or bring the roof to a maintainable condition, as appropriate.

Compensation

1. City shall compensate Contractor for Roof Inspections, Preventative Maintenance, and General Rooftop Housecleaning Services according to the tables below entitled "Service Locations and Pricing" and “Service Locations and Pricing – Water Resources Division.” Compensation shall be granted after satisfactory completion of the work.

Service Locations and Pricing
Address Building Sq Ft. Annual Service City Code
680 Terminal Circle Airport Admin Bldg. 4,000 $1,882.00 2120 299 West Jack London
Blvd. Gene Maestas Hanger 18,500 $3,644.00
2120
300 West Jack London
Blvd. Office Building 2,600 $1,506.00
2120
180-196 Airway Blvd. Office Buildings 17,300 $3,036.00 2120 Airport (2120) Total $10,068.00
1052 S. Livermore Ave. City Hall 7,267 $4,786.00 7792
1052 S. Livermore Ave. City Hall 16,338 $7,808.00 7792
1052 S. Livermore Ave. City Hall 4,955 $1,683.00 7792
1188 S. Livermore Ave. Civic Center Library 28,850 $5,440.00 1901 1188 S. Livermore Ave. Civic Center Library 26,618 $3,031.00 1901 330 Airway Blvd. Fire Station 10 4,382 $1,652.00 8005
4550 East Ave. Fire Station 6 9,232 $1,493.00 8005
4550 East Ave. Fire Station 6 1,050 $993.00 8005
4550 East Ave. Fire Station 6 3,505 $953.00 8005
951 Rincon Ave. Fire Station 7 10,000 $3,974.00 8005
5750 Scenic Ave. Fire Station 8 255 $1,496.00 8005
5750 Scenic Ave. Fire Station 8 7,588 $1,537.00 8005
1919 Cordoba St. Fire Station 9 831 $1,553.00 8005
1919 Cordoba St. Fire Station 9 7,140 $1,592.00 8005
1110 S. Livermore Ave. Police Facilities 17,775 $5,669.00 6001 1110 S. Livermore Ave. Police Facilities 3,094 $3,147.00 6001 1110 S. Livermore Ave. Police Facilities 15,193 $5,638.00 6001 725 Rincon Ave. Rincon Library 4,884 $2,947.00 1905
998 Bluebell Ave. Springtown Library 2,648 $1,541.00 1904 998 Bluebell Ave. Springtown Library 560 $762.00 1904
3333 Pacific Ave. Multi Service Center 3,761 $2,804.00 5010 !



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EXHIBIT A
100
Address Building Sq Ft. Annual Service City Code
3333 Pacific Ave. Multi Service Center 8,263 $4,107.00 5010 141 N Livermore Ave 141 N Livermore Ave 1,350 $1,406.00 7792 145 - 149 N Livermore Ave 145 - 149 N Livermore Ave 2,769 $1,455.00 7792 2400 First St. Bankhead Performing Arts Theatre 17,950 $8,300.00 6990 926 N. L St. Duarte Garage 5,500 $1,694.00 7792
Caretaker's House 700 $1,139.00 7792
Railroad Depot 1,203 $2,646.00 7792
Railroad Depot 3,750 $2,675.00 7792
2155 Third St. Carnegie Library 2,700 $1,541.00 7792
3131 Pacific Ave. The Barn 8,800 $1,530.00 7992
Shea Plaza Restroom Facility 600 $1,137.00 7994
241 N M St. 241 N M St - Main Building 2,640 $785.00 7792 241 N M St. 241 N M St - Shed 1,040 $767.00 7792
2350 Railroad Ave. Downtown Parking Facility 420 $1,321.00 7794 3500 Robertson Park Road
MSC Building 1 - Administration
Building 8,176 $3,301.00
7793
3500 Robertson Park Road MSC Building 2 - Storage 5,821 $2,698 .00 7793 3500 Robertson Park Road
MSC Building 3 - Police Evidence
Storage 3,700 $2,674.00
7793
3500 Robertson Park Road MSC Building 4 - Covered Parking 6,232 $2,703.00 6001
3500 Robertson Park Road MSC Building 5 - Shop 5,640 $2,696.00 7793 3500 Robertson Park Road MSC Building 6 - Shop 4,760 $2,686.00 7793 3500 Robertson Park Road MSC Building 7 - Covered Parking 6,273 $2.703.00 7793
3500 Robertson Park Road MSC Building 8 - Shop 6,232 $2,702.00 7793 3500 Robertson Park Road MSC Building 9 - Storage 4,525 $2,684.00 7793 2647 Arroyo Rd. Ravenswood-Main House 4,250 $2,810.00 7792 2647 Arroyo Rd.

Ravenswood-Cottage/Bedroom
House 2,000 $2,784.00
7792
2647 Arroyo Rd. Ravenswood-Carriage House 850 $1,391.00 7792 2647 Arroyo Rd.

Ravenswood-Gift Shop/Tank
Building 480 $1,386.00
7792
2647 Arroyo Rd.

Ravenswood-Gift Shop/Tank
Building 400 $1,385.00
7792
2647 Arroyo Rd. Ravenswood-Restrooms 650 $1,453.00 7792 455 Olivina Ave. Hagemann Farm - Red Barn 2,100 $1,067.00 7792 455 Olivina Ave. Hagemann Farm - Barn 1 4,500 $3,464.00 7792 455 Olivina Ave. Hagemann Farm - Feed Shed 1 150 $785.00 7792
455 Olivina Ave. Hagemann Farm - Feed Shed 2 110 $784.00 7792
455 Olivina Ave. Hagemann Farm - Community Shed 410 $788.00 7792 455 Olivina Ave. Hagemann Farm - Goat Shed 135 $785.00 7792 455 Olivina Ave. Hagemann Farm - Barn 2 2,600 $2,635.00 7792 455 Olivina Ave.

Hagemann Farm - Waterhouse
Shed 110 $784.00
7792
455 Olivina Ave. Hagemann Farm - House Shed 250 $786.00 7792 455 Olivina Ave. Hagemann Farm - Main House 2,500 $2,893.00 7792 !



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EXHIBIT A
101
Address Building Sq Ft. Annual Service City Code
455 Olivina Ave. Hagemann Farm - Tractor Shed 210 $786.00 7792 General Fund Total $142,615
Total for Airport (2120) and General Fund $152,683.00
Service Locations and Pricing – WRD
Division
Address Building Sq Ft.

First
Service
Second
Service
City
Code
101 W. Jack London Blvd. Lab Building 6,858 $2,775.00 $2,775.00 2323 101 W. Jack London Blvd. Water Building 3,251 $1,418.00 $1,418.00 2323 101 W. Jack London Blvd. Digester Building 1,825 $1,531.00 $1,531.00 2323 101 W. Jack London Blvd. Solids Handling Building 3,100 $1,041.00 $1,041.00 2323 101 W. Jack London Blvd. Maintenance Building 4,500 $2,112.00 $2,112.00 2323 101 W. Jack London Blvd. Greenhouse 1, 2, 3 31,875 $3,059.00 $3,059.00 2323 101W. Jack London Blvd. Blower Building 1,720 $1,150.00 $1,150.00 2323 101 W. Jack London Blvd. UV Building 2,129 $1,437.00 $1,437.00 2323 101 W. Jack London Blvd. LAVWMA Building 294 $759.00 $759.00 2323 101 W. Jack London Blvd. Admin Building 8,250 $4,107.00 $4,107.00 2323 101 W. Jack London Blvd. RO Building 3,624 $2,112.00 $2,112.00 2323 101 W. Jack London Blvd. Tertiary Building 4,615 $2,189.00 $2,189.00 2323 101 W. Jack London Blvd. RAS/WAS Building 180 $757.00 $757.00 2323 101 W. Jack London Blvd. Hypochlorite Structure 1,200 $1,092.00 $1,092.00 2323 Undisclosed Airway Pump Station 1800 $1,625.00 $1,625.00 2323 Undisclosed Altamont Pump Station 1000 $1,864.00 $1,864.00 2323 Undisclosed Vasco Pump Station 2400 $1,920.00 $1,920.00 2323 Undisclosed Oakville Pump Station 1000 $1,330.00 $1,330.00 2323 2323 Total $32,278.00 $32,278.00
Grand Total for all Locations and Services $217,239.00

2. Roof Repair Services (Task Four) shall be compensated at the following rates:

Standard Labor Rates (Mon.

Friday 7am – 3:30pm)
$140.00 per hour per worker
Saturday and Off Hours $170.00 per hour per worker
Sunday / Holiday $200.00 per hour per worker
Material Invoice plus shipping/handling + 25% markup
Equipment Rental Invoice plus shipping/handling + 25% markup Truck/Van Fuel Surcharge $20 per hour per crew

3. Beginning during the second year of the term (i.e., April 1, 2025), the hourly rates specified in the table for Task Four above may be increased once annually, provided that the hourly rates are not increased by more than the percentage increase in the Consumer Price Index for All Urban Consumers (“CPI-U”) in the San FranciscoOakland-Hayward, California area from the prior calendar year’s CPI-U rate in December.
a. For example, if Contractor elects to increase the hourly rates for the period April 1, 2025 through March 31, 2026, the rates shall increase no more than the applicable CPI-U rate as of December 2024.
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EXHIBIT A
102

4. Contractor shall deliver all invoices via email to maintenance[email protected].

5. Contractor shall submit legible, written receipts for all materials for reimbursement upon request by the Project Manager.

6. City will not compensate Contractor for work done in advance of City approval. !



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EXHIBIT A
103
Revised 9/21/2015 B3 – 3M

EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:

1. Commercial General Liability, including operations, products and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:

VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

2. The limits of insurance required in this agreement may be satisfied by a !



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EXHIBIT A
104
Revised 9/21/2015 B3 – 3M

combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.

6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550.

Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
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EXHIBIT A
105

CITY OF LIVERMORE

DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE CERTIFICATION Senate Bill 854
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

In accordance with California Labor Code as amended through Senate Bill SB 854, prior to commencement of the Contract, all Contractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to: http://www.dir.ca.gov/ I, the Bidder, certify that:
"I am aware of the provisions of Senate Bill SB 854 and subsequent DIR regulations, which require Contractors/Vendors to comply with all labor compliance requirements including but not limited to prevailing wage requirements, Labor Code sections 1725.5, 1771.1(a), 1774-1776, 1777.5, 1813, 1815, Public Works Contractor Registration Program, Electronic Certified Payroll Records to Labor Commissioner, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract.”
Signature Date
Print Name Business Name
Title CSLB License Number
DIR Registration Number

9HURQLFD,QLJXH]      :HVWHUQ5RRILQJ5RRILQJ
3D\UROO$GPLQLVWUDWRU  

ture
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EXHIBIT A
106
CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing execution of an agreement with the Alameda County Flood Control and Water Conservation District, Zone 7 for participation in the 2022 Urban Community Drought Relief Local Projects Grant Program.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with the Alameda Flood Control and Water Conservation District, Zone 7 for participation in the Urban Community Drought Relief Local Project Grant Program.

SUMMARY
In June 2022 Zone 7 applied for the 2022 Urban Community Drought Relief Program through the California Department of Water Resources (DWR) on behalf of the City of Livermore and other water service agencies located within the Zone 7 service area.

In June 2023, Zone 7 notified the City that the Citywide Turf Reduction project and Recycled Water Fill Station project were approved for funding. Pursuant to the guidelines of the grant, these projects are required to be completed by December 31, 2026. Commencement of both City projects will begin in Fiscal Year 2024-25.

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Agreement with the Alameda Flood Control and Water Conservation District, Zone 7 for participation in the Urban Community Drought Relief Local Project Grant Program. The Agreement is scheduled for the Zone 7 Board's April 17, 2024 consent agenda. Full execution of the Agreement will occur after Zone 7 Board approval.

DISCUSSION
The Urban Community Drought Relief Program is intended to support drought resilience planning, water conservation, and other activities that provide reductions in water consumption or improvements to water supply reliability. Grant application acceptance required a minimum request of $3 million in a single 107
application. Smaller projects were allowed to be bundled together to meet the $3 million minimum. A bundled application required a single primary Grantee to enter into a grant agreement with DWR. Zone 7 is acting as the primary Grantee on behalf of the City of Dublin, Alameda County, and the City of Livermore.

In June 2023, Zone 7 notified the City that the Citywide Turf Reduction project and Recycled Water Fill Station project were approved for funding. Pursuant to the guidelines of the grant, these projects are required to be completed by December 31, 2026. Commencement of both City projects will begin in FY 2024-25.

The Citywide Turf Reduction Project will help the City reduce non-functional turf at various City properties, thereby reducing the demand for potable water. Approximately 109,000 square feet of turf at City owned sites will be replaced. The turf will be replaced with a drought tolerant landscape and incorporate drip irrigation at multiple locations to be determined. This project will reduce water demand by approximately 21 acre-feet per year.

The Recycled Water Fill Station project will consist of 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 will provide a permanent year-round water source for residents. This project is expected to increase recycled water use locally by approximately 18 acre-feet per year.

FISCAL AND ADMINISTRATIVE IMPACTS
The Urban Community Drought Relief Program requires a minimum non-state cost share of 25% of the total application cost for each local project. The cost of the Citywide Turf Reduction project is $350,000.

The grant award is $262,500 with a required cost share of $87,000. Funding for the local cost share is in the General Fund Landscape Maintenance account 7102-43130.

The cost of the Recycled Water Fill Station project is $400,000. The grant award is $300,000, with a required cost share of $100,000. Funding for the local cost share is in the 230 Sewer Fund account 43130. There will be no additional impact to the General Fund or other city funds.

COMMUNITY PILLAR
2: Environmental Stewardship
GOAL
1: Lead efforts to implement the updated Climate Action Plan in collaboration with internal and external partners.

ATTACHMENTS

1. Award Letter

2. Resolution

3. Exhibit A - Agreement
108
Prepared by: Laura Mayate-DeAndreis
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
109
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES
P.O. Box 942836
Sacramento, CA 94236-0001
(916) 653-5791
June 12, 2023
Kevin Padway
Water Resources Planner
Zone 7 Water Agency
100 N. Canyons Parkway
Livermore, CA 94551
Award Notification for Urban Community Drought Relief Grant Program Dear Kevin Padway:

Congratulations! We are pleased to inform you that the following projects, filed by Zone 7 Water Agency, have been awarded $2,242,500 by the Department of Water Resources (DWR) for the Urban Community Drought Relief Grant Program:
• $262,500 was awarded to the Citywide Turf Reduction Projects • $300,000 was awarded to the Recycled Water Fill Station • $1,380,000 was awarded to the Dublin Irrigation System Upgrades • $300,000 was awarded to the Fire Dept. Training Water Recirculation System Costs incurred after June 30, 2022 will be eligible for grant reimbursement. This award is conditioned upon the execution of a Grant Agreement between DWR and your agency. Please see the Agreement Template for your reference.

Your timely attention is directed to the following requirements:

Within 14 calendar days of the date of this award letter:

Award Acceptance - Please submit a letter or e-mail signed by the authorized representative (agreement signatory) confirming your agency as the Grantee to accept the grant award in the amount of $2,242,500. This letter/e-mail should also confirm the proper billing address for your organization (where reimbursement checks will be sent).

Electronic Signatures - DWR uses DocuSign to process signatures electronically to expedite all grant-related documents requiring a signature. In order for DWR to send documents to you via DocuSign, we need your permission and consent. If you consent to the use of DocuSign, please send DWR a letter on official letterhead signed by the authorized representative, consenting to the use of DocuSign for all transactions related to this award (see attached sample). If you prefer not to use electronic signatures, DWR can send documents for original (wet) signatures via email or mail, but this can delay the process significantly, especially during situations such as the COVID19 public health emergency.

Following receipt of the award acceptance, DWR will provide you with a draft agreement and work with you to finalize and execute the agreement. Your timely attention to these requirements is critical to execute the Grant Agreement; failure to do so may result in DWR revoking the grant award. Please submit the required information in the time periods specified to [email protected]. The subject line of the email should include “Zone 7 Water Agency ATTACHMENT 1
110
ANL Items”.

Please contact Ashley Gilreath at [email protected] or (916) 902-6717 or Stephanie Hara at [email protected] or (916) 902-6992 for any questions regarding the required materials.

Again, congratulations to you and your Local Project Sponsors on this well-deserved grant award.

Our team appreciates your time and effort to respond to this grant solicitation process and we will be reaching out in coming months to get your feedback. We look forward to working with you to complete these drought relief projects to build water resilience in your communities.

Sincerely,
Carmel Brown
Manager, Financial Assistance Branch
Division of Regional Assistance
ATTACHMENT 1
111
RESOLUTION NO. ______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 FOR PARTICIPATION IN THE 2022 URBAN COMMUNITY DROUGHT RELIEF LOCAL

PROJECT GRANT PROGRAM
In June 2022, Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7) applied for the 2022 Urban Community Drought Relief Grant Program through the California Department of Water Resources (DWR) that included projects from and on behalf of the City of Livermore. The program supports drought resilience planning, water conservation and other activities that provide reductions in water consumption or improvements to water supply reliability. The program requires a minimum non-state cost share of 25% of the total application cost for each local project.

In June 2023, DWR awarded Zone 7 funding for the City of Livermore Citywide Turf Reduction project in the amount of $262,500 with a cost sharing requirement of $87,500; and the Recycled Water Fill Station project in the amount of $300,000, with a cost sharing requirement of $100,000.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager to execute an agreement with Alameda County Flood Control and Water Conservation District, Zone 7 for the 2022 Urban Community Drought Relief Local Project Grant Program, in substantially the same form as the attached Exhibit A, which is incorporated by this reference.

2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

On motion of Council Member _______________________, seconded by Council Member __________________________, the foregoing resolution was passed and adopted on March 25, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with Alameda County Flood Control and Water Conservation District, Zone 7
112

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

AGREEMENT
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 Livermore (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.”
Recitals
WHEREAS, in 2022 Zone 7 applied for the 2022 Urban Community Drought Relief Grant Program through the California Department of Water Resources (“State Grant”); and WHEREAS, said application included projects from multiple local project sponsors in the Livermore-Amador Valley and was submitted on their behalf; and WHEREAS, California Department of Water Resources (“DWR”) awarded Zone 7, $562,500 in funding for LPS’s drought relief project along with cost sharing requirement of $187,500; and
WHEREAS, 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 WHEREAS, two of the projects funded with the State Agreement are the “Recycled Water Fill Station Project” and the “Citywide Turf Reduction Project” (hereinafter collectively referred to as “Project”) proposed by the LPS, with an estimated total project costs of $750,000 collectively; and
Agreement

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

The recitals hereto are true and correct and are incorporated into the body of this Agreement as though set forth in full.

1. Term

EXHIBIT A
113
This 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.

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 $562,500 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 $187,500 of the total estimated total project costs of $750,000, 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

EXHIBIT A
114
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 LPS, excepting only Zone 7’s obligations as defined in paragraph 3 of this Agreement.
b. The LPS is solely responsible for all Project costs, including any amount exceeding the project budget of $750,000, 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

EXHIBIT A
115
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.

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

EXHIBIT A
116
All notices or notifications to Zone 7 shall be in writing addressed to the persons set forth as follows:

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 Representatives:

Joe Prime
Maintenance and Golf Operations Manager
3500 Robertson Park Road
Livermore, CA 94550
[email protected]
Anthony Smith
Water Resources Division Manager
101 West Jack London Blvd.

Livermore, CA 94551
[email protected]
Project Managers:

Marisa Gan
Management Analyst II, Public Works -Maintenance and Golf Operations 3500 Robertson Park Road
Livermore, CA 94550
[email protected]
Laura Mayate-DeAndreis
Management Analyst II, Public Works-Water Resources Divion 101 West Jack London Blvd.

Livermore, CA 94551
[email protected]

10. Amendments

EXHIBIT A
117
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.

13. California Law
This Agreement shall be governed by 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

EXHIBIT A
118
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.

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

EXHIBIT A
119
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 Livermore
Date:

Marianna Marysheva
City Manager
Approved as to Form:

Date:

Assistant/City Attorney

EXHIBIT A
120
Attachment 1: State Agreement

EXHIBIT A
121

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) TERM 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) GRANT AMOUNT. 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) GRANTEE 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) BASIC 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.

DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

EXHIBIT A
122

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 noninterest-bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE 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 for reimbursement include, but are not limited to, the following items:

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

DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

EXHIBIT A
123
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 subagreement 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.

DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

EXHIBIT A
124
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.

Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

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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)DEFAULT 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-ExecutiveOrder.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 PostPerformance 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)OPERATION 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)MONITORING 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)NOTIFICATION 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

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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)PROJECT 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 DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

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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 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
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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 twentyfive 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.

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
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.

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

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.

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.

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.

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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.

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
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
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.

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.

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. AMENDMENT: 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. AMERICANS 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. AUDITS: 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

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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. CEQA: 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. CHILD 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

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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. COMPETITIVE 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-ResourcesList-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. CONFLICT 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. DISPOSITION 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-FREE 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 DrugFree 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. GRANTEE'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. INDEMNIFICATION: 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. INDEPENDENT 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. INSPECTION 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. INSPECTIONS 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. LABOR 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 selfinsurance, and the Grantee affirms that it will comply with such provisions before commencing DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

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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. MODIFICATION 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. Nonmaterial 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. Nonmaterial 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: During 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 shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement.

D.27. OPINIONS 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: If 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. PROJECT 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. REMAINING 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. REMEDIES 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. RETENTION: 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. RIGHTS 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. SEVERABILITY: 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. SUSPENSION 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. TERMINATION 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. TERMINATION 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. TERMINATION 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. TRAVEL: 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. THIRD 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. TIMELINESS: 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

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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

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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

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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. • Name 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
DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

EXHIBIT A
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EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
Introduction
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?
DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

EXHIBIT A
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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
Labor 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.

DocuSign Envelope ID: 4D960CEA-1940-4EBD-91FA-2C792D84322B

EXHIBIT A
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Attachment 2: LPS Resolution
Placeholder for LPS’s Board Resolution authorizing execution of this agreement

EXHIBIT A
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CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing execution of a purchase order with Belkorp Ag. LLC, for two John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with Belkorp Ag. LLC for two replacement John Deere Track Steer Loaders and associated equipment in the not-to-exceed amount of $203,260.

SUMMARY
Based on the City of Livermore’s Fleet Policy and the 25-year Fleet Replacement Plan, it is time to replace two existing tractors. Staff has determined that the units that best meet the needs of both the Maintenance Division and the Water Resources Division are the John Deere 325G Track Loader with mower and concrete planer attachments for the Maintenance Division, and the John Deere 317G Track Loader for Water Resources Division. Belkorp AG LLC is the local Sourcewell contractor for John Deere Company in Stockton, California.

DISCUSSION
The City of Livermore’s Fleet Policy guideline recommends replacement of large tractors at 10 years or 6,000 hours. Staff will be replacing two 1993 Bobcat 853 skid steer loaders, Vehicle 1223 from the Maintenance Division and Vehicle 6328 from Water Resources. The replacement of these two tractors will lower the operating costs and reduce downtime for preventive maintenance when kept in compliance with the manufacturers’ recommendation. The replacement tractors will also increase efficiencies in the mowing/weed abatement program, street repairs and storm water channel maintenance. These two new tractors will decrease downtime due to breakdowns on the existing aging units. The purchase of these tractors through a cooperative purchasing agreement will expedite the delivery of the equipment. This equipment meets the operational needs and fits the criteria specified by the City of Livermore Water Resources and Maintenance Divisions.
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Livermore Municipal Code (LMC) Section 2.68.370 requires competitive bidding for services and supplies exceeding $50,000. LMC Section 2.68.390, however, allows for procurement to be completed without individual bidding when done so through a cooperative purchasing arrangement. This alternate procedure is allowed regardless of whether the City is a named party to the agreement or an actual participant in such a program. The proposed procurement of this replacement John Deere track steer loaders with attachments uses the Sourcewell public procurement collective agreement.

Both the John Deere 325G and the John Deere 317G track steer loaders will be utilized by both Divisions for a wide variety of uses. They both have the capability of operating with many different types of attachments. The Maintenance Division will utilize the John Deere 325G model for weed abatement, street grinding, broom sweeper cleanup, and material handling throughout the City. The Water Resources Division will utilize the John Deere 317G model for material handling, broom sweeper cleanup at the Water Reclamation Plant and storm water channel cleanup as needed.

Staff recommends purchasing these replacement John Deere tractors utilizing Sourcewell Acceptance and Award contract #011723-JDC. The Sourcewell bid procedure for the replacement tractors meets the City’s municipal code requirement, and therefore, can be awarded to Belkorp Ag. LLC, the local dealer for Deere and Company. Belkorp Ag. LLC in Stockton, California is the local government dealer for Deere and Company tractor sales, warranty and service in Northern California. Section 2.B. in Sourcewell’ s agreement with Deere and Company allows the City to use a qualified dealer like Belkorp Ag. LLC for a direct purchase.

FISCAL AND ADMINISTRATIVE IMPACTS
The replacement purchase of the two John Deere track loaders is budgeted in the Fleet Internal Service Fund for FY 2023-24 and is identified in the Fleet Master 25-year Replacement plan.

COMMUNITY PILLAR
1: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure.

ATTACHMENTS

1. John Deere Construction Sourcewell Contract

2. Belkorp AG. LLC Quotation

3. Resolution
Prepared by: Scott Kooreman
Public Works Supervisor
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Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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011723-JDC
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Solicitation Number: RFP # 011723

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and John Deere Construction Retail Sales a division of John Deere Shared Services LLC, DBA John Deere Construction Retail Sales, 1300 River Drive, Moline, IL 61265 (Supplier).

Sourcewell is a State of Minnesota local government unit 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 eligible 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 Heavy Construction Equipment with Related Attachments and Technology from which Supplier was awarded a contract.

Supplier 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 14, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

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

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

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’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. Supplier 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, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’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. The John Deere Warranty Statement describes covered items and services when returning Damaged Equipment and 







 





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Products. 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. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

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

When Supplier 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
Supplier 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 Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development 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 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.








 





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A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will 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. Supplier 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.

Supplier 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. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’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 Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. 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 or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. 







 





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Supplier’s acceptable forms of payment are included in its attached Proposal. 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 Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. 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 not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier 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 Supplier 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 equipment, products, or services to be purchased; or

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

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. Supplier 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:

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. 







 





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B. BUSINESS REVIEWS. Supplier 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, sales data reports, performance issues, 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, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
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 Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier 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. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. Any state that requires a Sourcewell participating addendum with an additional admin fee, we reserve the right to reduce the list price discount to accommodate this additional fee.

The Supplier 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 Supplier’s name and Sourcewell-assigned contract number in the memo; and must be 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. 







 





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Supplier 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 Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier 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.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier 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 Contract 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 party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

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

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. 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 of this Contract, 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. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property 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. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier 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, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’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 their respective subsidiaries, distributors, dealers, resellers, 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.

3. Use; Quality Control.








 





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a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. 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. 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 suppliers which may be used until the next printing). Supplier 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 Supplier individually or jointly with others, 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. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

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

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

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. 







 





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16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination 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 Supplier 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 Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

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

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.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the 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:
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.








 





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18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier 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. Supplier 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 liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier 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

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000








 





ATTACHMENT 1
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011723-JDC
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5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier 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, Supplier 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 Supplier Development 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 Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. 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. Supplier 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 Supplier. The waiver must apply to all deductibles and/or selfinsured retentions applicable to the required or any other insurance maintained by the Supplier.








 





ATTACHMENT 1
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011723-JDC
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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.

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. Supplier 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 Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier 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 Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier 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. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier 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
Intentionally Omitted.

22. CANCELLATION
Sourcewell or Supplier 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 Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. 







 





ATTACHMENT 1
195
011723-JDC
Rev. 3/2022 14
Sourcewell John Deere Construction Retail Sales a
division of John Deere Shared Services LLC,
DBA John Deere Construction Retail Sales
By: __________________________ By: __________________________ Jeremy Schwartz Mark Oliver
Title: Chief Procurement Officer Title: Manager Contract Sales Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________








 







 


 

 




 


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Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC 







 





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Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC 







 





ATTACHMENT 1
208
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line Item Categor\ or T\pe Offered Comments
71 Wheeled, tracked, and backhoe loaders Yes
No
72 Motor Graders Yes
No
73 Wheeled and tracked excavators Yes
No
74 Bulldozers, compactors, scapers, articulated and
rigid haulers
Yes
No
We do not offer rigid haulers.

Compactors are offered on the
separate Wirtgen contract.
75 Cranes Yes
No
76 Accessories or attachments for the offering in #71-
75 above
Yes
No
We will be offering base coded
attachments at time of whole goods
purchase or separately if needed. AT
kits and BYT kits (third party
attachments) are not part of this
contract.
77 Technology or services for the offering in #71-75
above
Yes
No
-' /ink Telematics, Grade Control,
and Slope Control are examples of
these technology services that are
available as options on certain
products.

Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary.

Line Item Categor\ or T\pe Offered Comments
78 Wheel loader with published net horsepower (HP)
of at least 300 HP
Yes
No
We offer 4 wheel loaders that meet
this spec requirement.
79 Wheeled or tracked excavator with a published net
horsepower (HP) of at least 150 HP
Yes
No
We offer 10 excavators that meet this
spec requirement.
80 Motor Grader with a published maximum operating
weight of at least 30,000 lbs.

Yes
No
We offer 8 motor graders that meet
this spec requirement.
81 Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
Yes
No
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.








 





ATTACHMENT 1
209
Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - RFP 011723 Model & Discount Schedule.pdf - Monday January 09, 2023 11:48:21 Financial Strength and Stability - Deere-Co_Annual-Report-2021.pdf - Tuesday November 29, 2022 12:34:40 Marketing Plan/Samples (optional)
WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - US CAN deere wty stmt.pdf - Tuesday December 06, 2022 10:27:02 Standard Transaction Document Samples - Sample Sourcewell Quote.pdf - Monday January 09, 2023 11:22:37 Upload Additional Document - Sustainability Report 2021.pdf - Tuesday November 29, 2022 13:01:16 







 





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Bid Number: RFP 011723 Vendor Name: John Deere Shared Services LLC 







 





ATTACHMENT 1
212
Date: 13 March 2024 Offer Expires: 29 March 2024
Confidential
Quote Id: 30536367

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Prepared For:

CITY OF LIVERMORE
Proposal For:

Delivering Dealer:

Keith Heusel
Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
[email protected]
Quote Prepared By:

Keith Heusel
[email protected]
ATTACHMENT 2
213

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ Quote Summary
Prepared For:

CITY OF LIVERMORE
3500 ROBERTSON PARK RD
LIVERMORE, CA 94550
Business: 925-260-4178
Delivering Dealer:

Belkorp Ag, LLC
Keith Heusel
1120 W Charter Way
Stockton, CA 95206
Phone: 209-944-5714
[email protected]
Sourcewell member account number#29785 Quote ID: 30536367 13 March 2024
14 March 2024
Created On:

Last Modified On:

Expiration Date: 29 March 2024
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 325G COMPACT

TRACK LOADER
$ 106,920.00 $ 75,834.00 X 1 = $ 75,834.00
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
JOHN DEERE 317G Compact Track
Loader
$ 87,059.00 $ 61,931.30 X 1 = $ 61,931.30
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Roof-Mounted Water Tank Kit $ 4,130.00 $ 4,130.00 X 1 = $ 4,130.00 Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Roof-Mounted Water Tank Kit $ 3,467.00 $ 3,467.00 X 1 = $ 3,467.00 Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
JOHN DEERE RX72 ROTARY
CUTTER
$ 17,105.00 $ 14,878.30 X 1 = $ 14,878.30
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
JOHN DEERE CP24G Cold Planer $ 35,124.00 $ 30,430.64 X 1 = $ 30,430.64 Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
ATTACHMENT 2
214

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ 66 IN. CONSTRUCTION BUCKET
(16.2 CU. FT.) WITH SERRATED
EDGE
$ 2,116.00 $ 2,116.00 X 1 = $ 2,116.00
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
72 IN. CONSTRUCTION BUCKET
(17.8 CU. FT.) WITH SERRATED
EDGE
$ 2,543.00 $ 2,543.00 X 1 = $ 2,543.00
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Equipment Total $ 195,330.24
Trade In Summary Qty Each Extended
1993 BOBCAT 853H - 510375565 1 $ 5,000.00 $ 5,000.00
PayOff $ 0.00
Total Trade Allowance $ 5,000.00
1993 BOBCAT M853 - 510250709 1 $ 5,000.00 $ 5,000.00
PayOff $ 0.00
Total Trade Allowance $ 5,000.00
MELROE Planer 18" - 400211309 1 $ 2,000.00 $ 2,000.00
PayOff $ 0.00
Total Trade Allowance $ 2,000.00
Trade In Total $ 12,000.00
* Includes Fees and Non-contract items Quote Summary
Equipment Total $ 195,330.24
Trade In $ (12,000.00)
SubTotal $ 183,330.24
Sales Tax - (10.25%) $ 19,929.11
ATTACHMENT 2
215

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Confidential
Salesperson : X ______________ Accepted By : X ______________ Est. Service
Agreement Tax
$ 0.00
Total $ 203,259.35
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 203,259.35
ATTACHMENT 2
216
Quote Id: 30536367 Customer Name: CITY OF LIVERMORE
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
JOHN DEERE 325G COMPACT TRACK LOADER
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 106,920.00
Selling Price *
$ 75,834.00
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
00D2T 325G COMPACT TRACK
LOADER
1 $ 84,881.00 30.00 $ 25,464.30 $ 59,416.70 $ 59,416.70 Standard Options - Per Unit
170K JDLink™ 1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
0770 Cab/Heat/AC, Power QT, Hi
Flow, SL & RC, 2Spd, LED
Lights, Rev Fan, Chrome,
Heat Seat, Radio
1 $ 11,345.00 30.00 $ 3,403.50 $ 7,941.50 $ 7,941.50
0953 ISO-H Switchable Controls
and EH Joystick
Performance Package
1 $ 1,133.00 30.00 $ 339.90 $ 793.10 $ 793.10
1301 Engine - Turbocharged -
FT4
1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
1501 English Operator's Manual
and Decals
1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
2500 Offset Block Lug Tread
Pattern - 12.6 in. (320mm)
Tracks
1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
4001 2-Inch Seat Belt with
Shoulder Harness
1 $ 232.00 30.00 $ 69.60 $ 162.40 $ 162.40
6006 Air Suspension Seat (Cloth
with Heat)
1 $ 684.00 30.00 $ 205.20 $ 478.80 $ 478.80
8042 Rear View Camera 1 $ 931.00 30.00 $ 279.30 $ 651.70 $ 651.70 8060 Engine Air Precleaner 1 $ 498.00 30.00 $ 149.40 $ 348.60 $ 348.60 8305 Counterweight, (Double Set) 1 $ 819.00 30.00 $ 245.70 $ 573.30 $ 573.30 8370 HD Rear Grille 1 $ 532.00 30.00 $ 159.60 $ 372.40 $ 372.40 8380 Footrest with Floormat 1 $ 157.00 30.00 $ 47.10 $ 109.90 $ 109.90 8525 Cab Severe Duty
Polycarbonate Door
1 $ 2,408.00 30.00 $ 722.40 $ 1,685.60 $ 1,685.60
Standard Options Total $ 18,739.00 $ 5,621.70 $ 13,117.30 $ 13,117.30 ATTACHMENT 2
217
Quote Id: 30536367 Customer Name: CITY OF LIVERMORE
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Value Added Services
Total
$ 0.00 $ 0.00 $ 0.00
Other Charges
Freight 1 $ 2,500.00 $ 2,500.00 $ 2,500.00
Customer Setup 1 $ 800.00 $ 800.00 $ 800.00
$ 3,300.00 $ 3,300.00 $ 3,300.00
Suggested Price $ 75,834.00
Total Selling Price $
106,920.00
$ 31,086.00 $ 75,834.00 $ 75,834.00
JOHN DEERE 317G Compact Track Loader
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 87,059.00
Selling Price *
$ 61,931.30
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
06L0P 317G Compact Track
Loader
1 $ 74,004.00 30.00 $ 22,201.20 $ 51,802.80 $ 51,802.80 Standard Options - Per Unit
183E JDLink™ 1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
0202 United States 1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
0259 English Operator's Manual 1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00 0351 Translated Text Labels 1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00 0506 EH Joystick Performance,
Cab/Heat/AC, Power QuikTatch, Self Level & Ride
Control, 1 Speed,
Attachment Performance,
LED Lights
1 $ 7,583.00 30.00 $ 2,274.90 $ 5,308.10 $ 5,308.10
1053 Air Suspension Seat (Cloth
with Heat)
1 $ 684.00 30.00 $ 205.20 $ 478.80 $ 478.80
1362 2-Inch Seat Belt with
Shoulder Harness
1 $ 232.00 30.00 $ 69.60 $ 162.40 $ 162.40
ATTACHMENT 2
218
Quote Id: 30536367 Customer Name: CITY OF LIVERMORE
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
5600 Offset Block Lug Tread
Pattern - 12.6 in. (320mm)
Tracks
1 $ 0.00 30.00 $ 0.00 $ 0.00 $ 0.00
8047 Counterweight, (Double Set) 1 $ 819.00 30.00 $ 245.70 $ 573.30 $ 573.30 8052 Keyless Start (Sealed
Switch Module)
1 $ 437.00 30.00 $ 131.10 $ 305.90 $ 305.90
Standard Options Total $ 9,755.00 $ 2,926.50 $ 6,828.50 $ 6,828.50 Value Added Services
Total
$ 0.00 $ 0.00 $ 0.00
Other Charges
Freight 1 $ 2,500.00 $ 2,500.00 $ 2,500.00
Customer Setup 1 $ 800.00 $ 800.00 $ 800.00
$ 3,300.00 $ 3,300.00 $ 3,300.00
Suggested Price $ 61,931.30
Total Selling Price $ 87,059.00 $ 25,127.70 $ 61,931.30 $ 61,931.30 Roof-Mounted Water Tank Kit
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 4,130.00
Selling Price *
$ 4,130.00
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
AT4351 29 Roof-Mounted Water Tank
Kit
1 $ 2,530.00 0.00 $ 0.00 $ 2,530.00 $ 2,530.00
Other Charges
Freight 1 $ 800.00 $ 800.00 $ 800.00
Customer Setup 1 $ 800.00 $ 800.00 $ 800.00
$ 1,600.00 $ 1,600.00 $ 1,600.00
Suggested Price $ 4,130.00
Total Selling Price $ 4,130.00 $ 0.00 $ 4,130.00 $ 4,130.00 ATTACHMENT 2
219
Quote Id: 30536367 Customer Name: CITY OF LIVERMORE
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Roof-Mounted Water Tank Kit
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 3,467.00
Selling Price *
$ 3,467.00
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
AT3452 12 Roof-Mounted Water Tank
Kit
1 $ 1,867.00 0.00 $ 0.00 $ 1,867.00 $ 1,867.00
Other Charges
Freight 1 $ 800.00 $ 800.00 $ 800.00
Customer Setup 1 $ 800.00 $ 800.00 $ 800.00
$ 1,600.00 $ 1,600.00 $ 1,600.00
Suggested Price $ 3,467.00
Total Selling Price $ 3,467.00 $ 0.00 $ 3,467.00 $ 3,467.00 JOHN DEERE RX72 ROTARY CUTTER
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 17,105.00
Selling Price *
$ 14,878.30
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
83A1T RX72 ROTARY CUTTER 1 $ 15,905.00 14.00 $ 2,226.70 $ 13,678.30 $ 13,678.30 Other Charges
Freight 1 $ 1,000.00 $ 1,000.00 $ 1,000.00
Customer Setup 1 $ 200.00 $ 200.00 $ 200.00
$ 1,200.00 $ 1,200.00 $ 1,200.00
Suggested Price $ 14,878.30
Total Selling Price $ 17,105.00 $ 2,226.70 $ 14,878.30 $ 14,878.30 ATTACHMENT 2
220
Quote Id: 30536367 Customer Name: CITY OF LIVERMORE
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
JOHN DEERE CP24G Cold Planer
Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 35,124.00
Selling Price *
$ 30,430.64
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
82B1T CP24G Cold Planer 1 $ 28,947.00 14.00 $ 4,052.58 $ 24,894.42 $ 24,894.42 Standard Options - Per Unit
9000 G-Series SSL/CTL Vehicle
Harness for CPs
1 $ 1,043.00 14.00 $ 146.02 $ 896.98 $ 896.98
9001 Cold Planer Gateway for GSeries SSL/CTL1 $ 1,659.00 14.00 $ 232.26 $ 1,426.74 $ 1,426.74 9002 Water Tank Kit 1 $ 1,875.00 14.00 $ 262.50 $ 1,612.50 $ 1,612.50 Standard Options Total $ 4,577.00 $ 640.78 $ 3,936.22 $ 3,936.22 Other Charges
Freight 1 $ 1,000.00 $ 1,000.00 $ 1,000.00
Customer Setup 1 $ 600.00 $ 600.00 $ 600.00
$ 1,600.00 $ 1,600.00 $ 1,600.00
Suggested Price $ 30,430.64
Additional Discounts
Additional Discount Total $ 0.00 $ -0.00 $ -0.00
Total Selling Price $ 35,124.00 $ 4,693.36 $ 30,430.64 $ 30,430.64 66 IN. CONSTRUCTION BUCKET (16.2 CU. FT.) WITH SERRATED EDGE Hours:

Stock Number:

Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 2,116.00
Selling Price *
$ 2,116.00
* Price per item - includes Fees and Non-contract items ATTACHMENT 2
221
Quote Id: 30536367 Customer Name: CITY OF LIVERMORE
Selling Equipment
Confidential

ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
US

ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:

Belkorp Ag, LLC
1120 W Charter Way
Stockton, CA 95206
209-944-5714
[email protected]
Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
BYT108
55 66 IN. CONSTRUCTION
BUCKET (16.2 CU. FT.)

WITH SERRATED EDGE
1 $ 2,116.00 0.00 $ 0.00 $ 2,116.00 $ 2,116.00
Total Selling Price $ 2,116.00 $ 0.00 $ 2,116.00 $ 2,116.00 72 IN. CONSTRUCTION BUCKET (17.8 CU. FT.) WITH SERRATED EDGE Equipment Notes:

Hours:

Stock Number:

Contract: C&F Sourcewell #011723 (PG CV CG 73) CCE
Price Effective Date: March 12, 2024
Suggested List *
$ 2,543.00
Selling Price *
$ 2,543.00
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
BYT108
54 72 IN. CONSTRUCTION
BUCKET (17.8 CU. FT.)

WITH SERRATED EDGE
1 $ 2,543.00 0.00 $ 0.00 $ 2,543.00 $ 2,543.00
Total Selling Price $ 2,543.00 $ 0.00 $ 2,543.00 $ 2,543.00 ATTACHMENT 2
222
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER

TO BELKORP AG, LLC FOR TWO REPLACEMENT JOHN DEERE

TRACK STEER LOADERS AND ASSOCIATED ATTACHMENTS IN AN
AMOUNT NOT-TO-EXCEED $203,260
The City of Livermore (“City”) Maintenance and Water Resources Divisions utilize tractors to assist in performing various services, including weed abatement, street grinding, broom sweeper cleanup, material handling, and storm water channel cleanup.

The City’s Fleet Policy currently recommends the replacement of two City-owned tractors.

Livermore Municipal Code section 2.68.370 allows for the purchase of equipment with a value higher than $50,000 through a cooperative purchasing arrangement.

Livermore Municipal Code section 2.68.390 identifies specific cooperative purchasing agencies and counties that are pre-approved.

John Deere Construction Retail Sales a Division of John Deere Shared Services, LLC (“Supplier”) holds the Sourcewell (formerly National Joint Powers Alliance) competitively bid cooperative purchasing contract for the procurement of heavy construction equipment with related attachments and technology. Livermore Municipal Code section 2.68.390 identifies the National Joint Powers Alliance as an approved cooperative purchasing arrangement.

The City received a quote from Belkorp Ag, LLC for two John Deere track steer loaders and associated attachments in the amount of $203,260. Belkorp Ag, LLC is an authorized dealer of construction equipment and related attachments manufactured by Supplier.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with Belkorp Ag, LLC in an amount not-to-exceed $203,260 for the purchase and delivery of a John Deere 325G Compact Track Loader, a John Deere 317G Compact Track Loader, and associated attachments, in accordance with the terms, specifications and general provisions specified in Sourcewell Contract #011723-JDC and sections 2.68.370 and 2.68.390 of the Livermore Municipal Code.

2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution. 223
RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on March 25, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly O’Toole
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
224
CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing execution of a first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC.

RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the first amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC as agreed upon in the Settlement Agreement and Lease Amendment dated February 29, 2024.

SUMMARY
Due to non-payment of rents owed and lack of appropriate insurance, the City pursued SAAB13, LLC, the owner and operator of Elevation LVK restaurant at Livermore Airport for collection as well as recommended changes to the lease agreement to allow for a continued partnership.

Staff recommends that the City Council adopt a resolution authorizing the execution of the amendments to the Airport Restaurant Lease Agreement with SAAB13, LLC and authorizing the City Manager to sign the lease amendment.

DISCUSSION
SAAB13, LLC, owner and operator of Elevation LVK at the Livermore Airport, was behind on rent payments and lacked appropriate insurance.

City staff notified SAAB13, LLC of the non-payment of amounts owed to the Airport pertaining to their tenancy in addition to other matters requiring resolution, such as maintaining required insurance coverages. City staff sent a number of letters requesting action by SAAB13, LLC to meet the terms of their lease.

Ultimately, the issue culminated with both parties entering into a dispute resolution process to achieve resolution. The outcome resulted in a settlement agreement where SAAB13, LLC agreed to remit payment of rental amounts owed in addition to obtaining appropriate insurance. Additionally, the 225
settlement agreement incorporated City and counter party requested amendments to the Lease in order for the partnership to continue. These amendments are a reflection of the settlement agreement and are included in the amended lease language.

Adoption of the resolution and approval of the lease amendment finalizes the actions taken by both parties to achieve resolution of this matter. Staff recommends that the City Council adopt a resolution authorizing the execution of the amendment to the Airport Restaurant Lease Agreement with SAAB13, LLC and authorizing the City Manager to sign the lease amendment.

FISCAL AND ADMINISTRATIVE IMPACTS
The City will receive $200,291 from SAAB13, LLC for back rent, bringing their account up to date.

COMMUNITY PILLAR
5: A City that Works
GOAL
14: Develop, operate and maintain the City's infrastructure.

ATTACHMENTS

1. Resolution

2. Exhibit A - First Amendment
Prepared by: Benedict Stuth
Acting Airport Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
226
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AIRPORT RESTAURANT LEASE AGREEMENT WITH SAAB13 LLC
The City of Livermore (“City”) entered into an Airport Restaurant Lease Agreement (“Agreement”) for construction and operation of a restaurant, Elevation LVK, at the Livermore Municipal Airport with SAAB13 LLC on May 15, 2017.

Due to non-payment of rents owed and lack of appropriate insurance, the City and SAAB13 LLC have subsequently entered into a Settlement Agreement and Lease Amendment dated February 29, 2024 (“Settlement Agreement”), that requires the parties to execute a separate, standalone Lease Amendment, which must be fully executed by April 1, 2024.

This First Amendment to the Agreement with SAAB 13 LLC includes revisions to the Agreement that are required pursuant to the Settlement Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:

1. Approves the First Amendment to Lease between the City and SAAB13 LLC as agreed upon between the parties in the Settlement Agreement and Lease Amendment dated February 29, 2024.

2. Authorizes the City Manager to sign the First Amendment to Lease, a copy of which is attached as Exhibit A and incorporated by this reference.

On motion of Council Member ______________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on March 25, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – First Amendment to Lease between the City of Livermore and SAAB 13 LLC 227

EXHIBIT A
228

EXHIBIT A
229

EXHIBIT A
230

EXHIBIT A
231

EXHIBIT A
232

EXHIBIT A
233
CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Marie Weber, Deputy City Manager/City Clerk
SUBJECT: Resolution approving the 2024 City of Livermore State and Federal Legislative Platform

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving the 2024 City of Livermore State and Federal Legislative Platform.

SUMMARY
The City of Livermore's State and Federal Legislative Platform allows the City to respond quickly in support of or opposition to legislative issues for the benefit of the Livermore community.

DISCUSSION
The City of Livermore State and Federal Legislative Platform (Platform) documents the City's position in several legislative categories. The proposed positions and categories are based on community priorities and values, and policy documents. The Platform provides a framework to respond quickly to legislative bills and communicate with legislators on issues affecting Livermore.

The City Council adopted its first state platform in 2013. In 2015, the City Council directed staff to also use the Platform as a guide for federal bill tracking and action. Annual updates to the Platform reflect adjustments based on changing City needs, interests and conditions at the regional, state and federal levels.

The 2024 Platform categories are:

Community-Focused Governance
Fiscal Stability
Affordable Housing and Homelessness
Planning and Sustainability
Building Safety
Infrastructure
Job Creation and Economic Development
234
Libraries
Public Safety and Emergency Management
Science, Technology, and Innovation
Transportation and Parking
Water
The proposed 2024 City of Livermore State and Federal Legislative Platform is included as Exhibit A to the Resolution for this report and once approved will be accessible on the City's website at www.LivermoreCA.gov/Legislation. Attachment 1 to this report is a redlined version of the updates made to this year's Platform.

Further, when appropriate, the City of Livermore joins its Tri-Valley neighbors to advocate for issues and funding at the regional, state and federal levels. The cities of Livermore, Dublin, Pleasanton, San Ramon, and the town of Danville developed a Tri-Valley Cities Legislative Framework. The Tri-Valley Framework overlaps many of the items in the City’s Platform and provides another opportunity for advocacy progress and success. The 2024 Tri-Valley Cities Legislative Framework is included as Attachment 2 to this report.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with City Council adoption of the 2023 City of Livermore State and Federal Legislative Platform.

COMMUNITY PILLAR
5: A City That Works

GOAL CATEGORY
3: Oversee the City's legislative advocacy efforts

ATTACHMENTS

1. Draft 2024 Legislative Platform - Redlined

2. 2024 TVC Legislative Framework

3. Resolution

4. Exhibit A - Draft 2024 Legislative Platform
Prepared by: Marie Weber
Deputy City Manager
235
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
236
City of Livermore
20243 State and Federal Legislative Platform
(DRAFT)
ATTACHMENT 1
237
The City of Livermore (“City”) 20243 State and Federal Legislative Platform (“Platform”) highlights the position of the City Council on important issues that align with community goals and policy documents such as the General Plan. City staff monitor bills introduced into the California Legislature and United States Congress. The Platform provides staff direction and allows the City, on the City Council’s behalf, to respond quickly in support of or opposition to bills and other legislative or administrative actions in time-sensitive situations. The City Council delegates its authority to the mayor to sign support or opposition letters, consistent with the Platform. Additionally, the Platform enables staff to communicate on behalf of the City to state legislators and federal elected officials.

The Platform is developed through review of City needs and issues, staff input, and review of League of California Cities priorities and strategies. City Council adopted the first Platform in 2013. At its April 13, 2015, meeting, City Council directed staff to use the Platform as a guide for federal bill tracking and action, too. Typically, the City Council reviews and updates the Platform annually.

The 20243 City of Livermore Platform categories are:
• Community-Focused Governance
• Fiscal Stability
• Affordable Housing and Homelessness
• Planning and Sustainability
• Building Safety
• Infrastructure
• Job Creation and Economic Development
• Libraries
• Public Safety and Emergency Management
• Science, Technology, and Innovation
• Transportation and Parking
• Water
The State and Federal Legislative Platform evolves as City needs adjust, new issues arise, and conditions at the regional, state, and federal level change. Platform adjustments, whether due to federal policy changes or state policy reactions, may be considered at a future City Council meeting or at the next annual review in 20254.

Once approved by the City Council, the 20243 State and Federal Legislative Platform will be posted on the City’s website at www.LivermoreCA.gov/Legislation. Staff also provides the City Council with periodic updates on letters sent, bill progress, and legislative developments.

When appropriate, the City of Livermore joins its Tri-Valley neighbors to advocate for issues and funding at the regional, state, and federal levels. The cities of Livermore, Dublin, Pleasanton, San Ramon, and the town of Danville develop a Tri-Valley Cities Legislative Framework. The Tri-Valley Framework overlaps many of the items in the City’s Platform and provides another opportunity for advocacy progress and success.

ATTACHMENT 1
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The Tri-Valley Cities Legislative Framework is available to view at www.LivermoreCA.gov/Legislation.

Community-Focused Governance
The City values its ability to create policies that best fit the needs of the Livermore community. It is important to advocate for state legislation the provides framework guidance and allows local implementation.

1. Support legislation that enhances or streamlines local governance and allows cities to address the needs of local constituents within a framework of regional cooperation.

2. Monitor legislation that affects the ability of City Council to effectively govern.

3. Monitor cannabis-related legislation.

4. Oppose legislation that would prohibit or limit local governments’ ability to contract out for services.

5. Support legislation that updates both the Brown Act and Public Records Act regarding electronic records and activities that support local decision-making without significant fiscal impact and new regulations that require staff resources.

6. Oppose legislation that requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller, or other state agencies.

7. Support a wording change in the Communications Act of 1934 that removes the distinction between “capital” and “operating” funds in order to provide more local control for community television stations in the use of their public, educational and government (PEG) channel fees with no rise in taxes or a reduction in revenue to the cable industry.

Fiscal Stability
Fiscal stability and financial independence are necessary to provide desired services and programs for residents and local businesses. City Council policy decisions direct staff to ensure the City’s long-term financial stability. Unexpected diversion of local funds by the state or federal government erodes the ability of a city to plan and budget for short-and-long term service needs.

1. Oppose legislation that imposes unfunded or inadequate state or federal mandates.

2. Support legislation that updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased ATTACHMENT 1
239
consumption of services rather than durable goods, and innovations in technology.

3. Oppose legislation that reduces local government’s ability to levy fees

4. Monitor legislation regarding new fees or other revenue-enhancements.

5. Oppose legislation that reduces or eliminates payments to cities for use of property and rights-of-way for telecommunications.

6. Support legislation that provides sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services.

7. Support legislation that streamlines the Workers’ Compensation system.

8. Oppose legislation that would remove the federal tax exemption for municipal bonds.

Affordable Housing and Homelessness
The availability of a suitable living environment is essential to quality-of-life. It is important to support adequate and affordable housing opportunities and housingrelated service needs.

1. Support regional solutions that balance housing, transportation/transit, and jobs together. Building housing without adequate transportation infrastructure may exacerbate, not alleviate, the affordable housing crisis.

2. Support legislation that protects existing affordable housing stock, including rental apartments, deed-restricted units, and mobile homes, and promotes affordable housing that includes long-term affordability agreements.

3. Support legislation that ensures incentives and density bonus provisions are directly linked to the level and percentage of affordable units provided for each project.

4. Support legislation that enables cities to develop locally appropriate plans that meet state objectives in a manner that is compatible with existing community character.

5. Support legislation that facilitates accessory dwelling units and encourages development of “missing-middle” housing that is compatible with suburban community character.

ATTACHMENT 1
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6. Oppose housing legislation that is not accompanied by funding that can support expanded transportation, transit, and infrastructure, including planning, and capital improvement programs and funding to support new school facilities.

7. Oppose housing legislation that results in a net loss of local funding.

8. Support housing legislation that promotes the development and enhancement of a diverse workforce, as long as the legislation does not create an unfunded mandate or conflict with local land use authority and financial stability.

9. Oppose housing legislation that unduly impacts local taxation capacity or diverts financial resources from essential local public services and infrastructure programs.

10.Support legislation that increases financial assistance to cities, non-profit organizations, and local partnerships to provide affordable, transitional, special needs, and emergency housing to the homeless, seniors, veterans, and people with special needs.

11.Support legislation that increases financial assistance to cities, non-profit organizations, and local partnerships to provide and promote selfempowerment for homeless individuals or families through counseling, job training, and other related services.

12.Support legislation that provides financial assistance, improved access to, and expansion of health care, mental health, and drug addiction services for low income and homeless individuals.

13.Support legislation that removes fair housing barriers and prevents displacement.

Planning and Sustainability
The City prioritizes comprehensive land use planning that creates complete neighborhoods, promotes a jobs/housing match, strengthens Livermore’s economic and fiscal base, provides housing choice, promotes local control with public input, streamlines the permitting process, conserves wildlands, promotes environmental stewardship while reducing the City’s environmental footprint, and generally improves the community’s quality of life. Comprehensive land use planning coupled with environmental stewardship, such as mandatory reductions in greenhouse gases, emissions, solid waste generation, and energy consumption are vital to a community’s quality of life.

1. Oppose legislation that diminishes cities’ decision-making authority over land use decisions, or zoning, or permit process and timelines.

2. Support legislation preserving or enhancing the federal Community Development Block Grant (CDBG) program.

3. Support land use patterns that maintain safe residential neighborhoods, bolster ATTACHMENT 1
241
economic prosperity, provide local jobs, preserve open space, protect the environment, and enhance overall quality of life.

4. Oppose state or federal efforts to further erode local government authority regarding the location or permit review of small cell wireless equipment, cellular towers, transmission sites, or other devices on public infrastructure or in the public right of way.

5. Support funding and incentives for smart growth and sustainable development.

6. Support CEQA-reform legislation that improves the cost-effective and timely delivery of projects and decreases the ability for spurious lawsuits.

7. Support RHNA- and APR-reform legislation that adequately provides necessary housing while reducing municipal administrative burden.

8. Support tax rebate programs, like the Williamson Act or Mills Act, to promote agriculture, open space preservation, historic preservation, and good design.

9. Support legislation or grant opportunities for cities that provide funding for developing or enhancing alternative vehicle fueling stations.

10.Support rebate programs, tax credits, and other financial incentives that encourage property owners to invest in energy efficiency and renewable energy systems, greenhouse gas-reducing technology, and alternative vehicle fueling stations in parking areas.

11.Monitor state and federal legislation related to climate adaptation.

12.Support measures that increase funding to local governments for landfill diversion programs such as food recovery, composting, and recycling.

13.Support Extended Producer Responsibility (EPR) legislation to encourage manufacturers to design environmentally friendly products by holding producers responsible for the costs of managing their products at end of life.

Building Safety
The City prioritizes protection of public health, safety and welfare by proper building design and construction practices.

1. Support legislation that increases the safety of buildings, reduces potential hazards and protects against fire and structure collapse.

2. Support legislation for seismic earthquake retrofits to protect individuals and structures.

3. Support legislation that contributes to the quality and durability of construction methods and materials

4. Monitor Oppose legislation to restrict number of inspections needed to verify safety of the built environment and other components.

ATTACHMENT 1
242

5. Support measures to streamline photovoltaic and electrical vehicle charging permitting and installation.

6. Support legislation that contributes to the wellbeing of a community, preservation of life safety, and property maintenance.

7. Support legislation that promotes barrier removal and sustainable practices in the built environment.

8. Oppose legislation that establishes unrealistic timeliness for building project review that will potentially create an unsafe built environment.

Infrastructure
The condition of a city’s infrastructure affects the community’s quality-of-life. Sewer and water systems, sidewalks, and roads are subject to a wide number of regulations and must be maintained or replaced to ensure the health of the community.

1. Support state and federal legislation that would expand connectivity and access to digital resources.

2. Oppose legislation regarding infrastructure such as sidewalk repair that increases a city’s unfunded infrastructure liability.

3. Support state and federal legislation that provides additional funding and/or preferred financing for local critical unmet infrastructure needs.

4. Support legislation that reduces or streamlines state and federal permitting requirements.

5. Support legislation that enhances the reliability of water transmission and storage through the Delta to the Tri-Valley.

6. Support legislation that provides new funding methods for flood control and stormwater management.

7. Support legislation that would acknowledge an adopted California Environmental Quality Act (CEQA) document can be substituted for a federal National Environmental Protection Agency (NEPA) document for infrastructure projects.

8. Monitor legislation that alters the state’s agency permitting requirements and how they impact the timeliness and viability of natural resource projects planned by government agencies and special districts at the local and regional level including Fish and Game endowments.

Job Creation and Economic Development
The City encourages and supports business through strategic economic development initiatives. Fostering a strong business environment requires job creation, educational opportunities, and workforce development programs.

ATTACHMENT 1
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1. Support legislation that enhances or expands community and economic development tools and funding to address development and revitalization needs.

2. Support legislation or grants that focus on downtown development.

3. Support legislation that promotes and funds workforce development and retraining efforts focused on high-skilled jobs required by emerging industries.

4. Support legislation that encourages entrepreneurship, facilitates resourcesharing models, or otherwise reduces barriers to entry for small business.

5. Support legislation that provides insurance or loan guarantees for small business loans during recessionary periods.

6. Support legislation or grants that focus on walkable, transit oriented, and complete districts with access to jobs and services.

Libraries
The Livermore Public Library connects people with information and education, and inspires experiences that support lifelong learning, personal growth, and enhanced quality of life. With strong community support, the Library offers programs, materials, materials, and services most valued by residents.

1. Support legislation that increases financial assistance to cities to provide fund and promote local library programs and literacy services.

2. Support legislation that seeks to close the digital divide through funding local libraryies efforts to such a way they provide broadband internet and devices technology through devices such as hotspots, computers, and tablets, for community members to access.

3. Support legislation and funding efforts relating to early literacy, school readiness, adult literacy, career development, vocational support, and assistance to vulnerable and under-served populations.

4. Oppose censorship and efforts to limit the public’s intellectual freedom and access to information and resources.

5. Support the enhancement of inclusivity, efforts to offer open and unfettered access to information, and the exchange of ideas, and the welcoming of all people to express themselves regardless of their politics or beliefs.

6. Support legislation that fosters growth during the transformation of libraries and library services in a dynamic and increasingly global digital information environment.

7. Support legislation that protects the privacy of patrons and their associated library records and data.

ATTACHMENT 1
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8. Support legislation that enhances equitable, diverse, and inclusive initiatives and opportunities.

Public Safety and Emergency Management
Effective public safety significantly enhances a community’s quality-of-life. Maintaining a strong safety presence requires ongoing local, regional, state, and federal support.

1. Support legislation and grants that fund police and fire equipment upgrades, training, and capital improvements.

2. Support legislation that promotes and funds emergency management and recovery efforts.

3. Support legislation that maintains and increases grant funding for the Community Oriented Police Services (COPS) hiring program.

4. Monitor legislation pertaining to unmanned aircrafts (drones) and Federal Aviation Administration regulations.

5. Support legislation to increase penalty for prohibited persons in possession of firearms and use of firearms in the commission of a crime.

6. Support legislation that penalizes individuals who engage in drug and/or distracted driving activities.

7. Support legislative efforts to address the negative impacts of Proposition 47 (Reduced Penalties for Some Crimes, 2014) and Proposition 57 (Parole for NonViolent Criminals and Juvenile Court Trial Requirements Initiative, 2016) and provide local law enforcement with tools to reduce criminal activity.

8. Support legislation that would provide funding and increase access to mental health care, response to mental health related calls for service, and drug/ alcohol treatment programs.

Science, Technology, and Innovation
As the only City in the United States with two national laboratories, science, technology, and innovation play an important role in the Livermore economy, workforce, and community values. Additionally, the City partnership with the labs and i-GATE fosters innovation, job creation, and economic development opportunities.

1. Support legislation that advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development.

2. Support legislation that encourages the expansion of STEM (Science, Technology, Engineering, and Mathematics) programs in K-12, higher education, libraries, and community-based organizations.

3. Support legislation that encourages and supports the transfer of technology from the national laboratories.

ATTACHMENT 1
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4. Support legislation that provides competitive grants, state partnerships, or other resources to encourage innovation and the science, technology, and innovation economies.

5. Support legislation that improves the abilities of the federal laboratories to update or expand their infrastructure.

Transportation and Parking
Regional and local transportation play a key role in a community’s economic vitality and quality-of-life.

1. Support legislation that reduces congestion along Tri-Valley area freeways or reduces truck traffic along I-580 through roadway or rail improvements.

2. Support legislation that enhances the ability of local agencies to finance local transportation programs and facilities.

3. Support legislation that facilitates connectivity between major regional rail/transit systems.

4. Support legislation that provides incentives for rail and multimodal transit stations and transit-oriented development projects.

5. Oppose legislation mandating “one-size-fits-all” parking space requirements for future housing, entertainment, or retail developments or impinging on how parking spaces can be used.

6. Support legislation that provides incentives for shared public/private partnerships.

7. Monitor legislation that defines "high quality transit" for purposes of transitoriented development as anything with service headways above hourly. Review on case-by-case basis to determine any impacts and/or benefits.

8. Support legislation to encourage the sale of unleaded fuel and assistance to pilots for Supplemental Type Certificate acquisition for non- American Society for Testing and Materials unleaded fuels at airports nationwide.

Water
Water, both quantity and quality, is essential to residential quality-of-life as well as agricultural and economic vitality and growth.

1. Oppose legislation that imposes a state tax or fee on customers of a public water system for drinking water.

2. Monitor legislation developing new water conveyance systems such as peripheral canals or tunnels (as mentioned in the proposed Bay Delta ATTACHMENT 1
246
Conservation Plan) to deliver adequate water to the Tri-Valley and the Silicon Valley.

3. Support legislation that expands the production and use of recycled water or increases local control of water supplies.

4. Oppose legislation that expands statewide mandatory water conservation and/or rationing unless the conservation measures are triggered in response to specific local water supply conditions.

5. Support legislation that allows direct and indirect potable water reuse.

6. Oppose legislation that allows the State Water Resources Control Board or Regional Water Quality Control Board to establish more stringent, clean water objectives unless the legislation provides a demonstrated water quality benefit as well as the means for jurisdictions to achieve the objectives.

7. Support regulations to protect drinking water from the impacts of hydrological fracturing (hydro-fracking) related to oil and gas exploration and extraction.

8. Support legislation and programs that make water, sewer, and/or storm services more affordable for customers.

ATTACHMENT 1
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0 | P a g e

TRI-VALLEY CITIES
Legislative Framework
2024
ATTACHMENT 2
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1 | P a g e

TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region.

Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley.

TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decisionmaking as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas.

Transportation and Infrastructure
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the region’s freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. The TVC also seeks to partner on other significant nontransportation infrastructure projects, especially those with regional and multi-regional benefits.

Climate, Environment, and Health
The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government.

ATTACHMENT 2
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2 | P a g e
Public Safety
The TVC prides itself on providing the highest quality of life for its residents, businesses, workers, and visitors alike – a critical part of which is ensuring the basic right to safety, without fear of harm to oneself or one’s property. As such, the coalition will advocate for reasonable public safety reforms, especially with regard to retail theft, burglary, and assault, all while maintaining a lens of equity.

Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region.

Affordable Housing and Homelessness
The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness.

Mental Health
The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non-profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all our residents.

Fiscal Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments.
2024
PAGE
1 ATTACHMENT 2
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RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING THE 2024 STATE AND FEDERAL LEGISLATIVE

PLATFORM FOR THE CITY OF LIVERMORE
The proposed 2024 City of Livermore State and Federal Legislative Platform (“2024 Platform”) will allow the City of Livermore (“City”) to quickly respond in support of or in opposition to legislative issues by establishing positions that guide staff’s response to legislative bills and their communications with legislators. This is especially important when responding to time-sensitive situations affecting the Livermore community.

The City Council first adopted a formal legislative platform in 2013, and it has adopted an update each year since then. In 2015, the City Council expanded the platform to also provide a guide for federal bill tracking and action.

The 2024 Platform proposes City positions in several legislative categories. The proposed positions and categories align with community priorities, values, and policy documents. The 2024 Platform also reflects adjustments based on evolving City needs, interests, and conditions at the regional, state, and federal levels.

The 2024 Platform legislative categories are:

1. Community-Focused Governance

2. Fiscal Stability

3. Affordable Housing and Homelessness

4. Planning and Sustainability

5. Building Safety

6. Infrastructure

7. Job Creation and Economic Development

8. Libraries

9. Public Safety and Emergency Management

10.Science, Technology, and Innovation

11.Transportation and Parking

12.Water
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts the 2024 City of Livermore State and Federal Legislative Platform, attached hereto as Exhibit A.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on March 25, 2024, by the following vote:
251
RESOLUTION NO.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – City of Livermore 2024 State and Federal Legislative Platform 252
City of Livermore
2024 State and Federal Legislative Platform
(DRAFT)

EXHIBIT A
253
The City of Livermore (“City”) 2024 State and Federal Legislative Platform (“Platform”) highlights the position of the City Council on important issues that align with community goals and policy documents such as the General Plan. City staff monitor bills introduced into the California Legislature and United States Congress. The Platform provides staff direction and allows the City, on the City Council’s behalf, to respond quickly in support of or opposition to bills and other legislative or administrative actions in time-sensitive situations. The City Council delegates its authority to the mayor to sign support or opposition letters, consistent with the Platform. Additionally, the Platform enables staff to communicate on behalf of the City to state legislators and federal elected officials.

The Platform is developed through review of City needs and issues, staff input, and review of League of California Cities priorities and strategies. City Council adopted the first Platform in 2013. At its April 13, 2015, meeting, City Council directed staff to use the Platform as a guide for federal bill tracking and action, too. Typically, the City Council reviews and updates the Platform annually.

The 2024 City of Livermore Platform categories are:
• Community-Focused Governance
• Fiscal Stability
• Affordable Housing and Homelessness
• Planning and Sustainability
• Building Safety
• Infrastructure
• Job Creation and Economic Development
• Libraries
• Public Safety and Emergency Management
• Science, Technology, and Innovation
• Transportation and Parking
• Water
The State and Federal Legislative Platform evolves as City needs adjust, new issues arise, and conditions at the regional, state, and federal level change. Platform adjustments, whether due to federal policy changes or state policy reactions, may be considered at a future City Council meeting or at the next annual review in 2025.

Once approved by the City Council, the 2024. State and Federal Legislative Platform will be posted on the City’s website at www.LivermoreCA.gov/Legislation. Staff also provides the City Council with periodic updates on letters sent, bill progress, and legislative developments.

When appropriate, the City of Livermore joins its Tri-Valley neighbors to advocate for issues and funding at the regional, state, and federal levels. The cities of Livermore, Dublin, Pleasanton, San Ramon, and the town of Danville develop a Tri-Valley Cities Legislative Framework. The Tri-Valley Framework overlaps many of the items in the City’s Platform and provides another opportunity for advocacy progress and success.

EXHIBIT A
254
The Tri-Valley Cities Legislative Framework is available to view at www.LivermoreCA.gov/Legislation.

Community-Focused Governance
The City values its ability to create policies that best fit the needs of the Livermore community. It is important to advocate for state legislation the provides framework guidance and allows local implementation.

1. Support legislation that enhances or streamlines local governance and allows cities to address the needs of local constituents within a framework of regional cooperation.

2. Monitor legislation that affects the ability of City Council to effectively govern.

3. Monitor cannabis-related legislation.

4. Oppose legislation that would prohibit or limit local governments’ ability to contract out for services.

5. Support legislation that updates both the Brown Act and Public Records Act regarding electronic records and activities that support local decision-making without significant fiscal impact and new regulations that require staff resources.

6. Oppose legislation that requires or expands state involvement in City financial audits, fiscal monitoring, general oversight, or assistance by the State Treasurer, State Controller, or other state agencies.

7. Support a wording change in the Communications Act of 1934 that removes the distinction between “capital” and “operating” funds in order to provide more local control for community television stations in the use of their public, educational and government (PEG) channel fees with no rise in taxes or a reduction in revenue to the cable industry.

Fiscal Stability
Fiscal stability and financial independence are necessary to provide desired services and programs for residents and local businesses. City Council policy decisions direct staff to ensure the City’s long-term financial stability. Unexpected diversion of local funds by the state or federal government erodes the ability of a city to plan and budget for short-and-long term service needs.

1. Oppose legislation that imposes unfunded or inadequate state or federal mandates.

2. Support legislation that updates the tax structure to enhance local government revenues that have declined due to the expansion of e-commerce, increased

EXHIBIT A
255
consumption of services rather than durable goods, and innovations in technology.

3. Oppose legislation that reduces local government’s ability to levy fees.

4. Monitor legislation regarding new fees or other revenue-enhancements.

5. Oppose legislation that reduces or eliminates payments to cities for use of property and rights-of-way for telecommunications.

6. Support legislation that provides sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services.

7. Support legislation that streamlines the Workers’ Compensation system.

8. Oppose legislation that would remove the federal tax exemption for municipal bonds.

Affordable Housing and Homelessness
The availability of a suitable living environment is essential to quality-of-life. It is important to support adequate and affordable housing opportunities and housingrelated service needs.

1. Support regional solutions that balance housing, transportation/transit, and jobs together. Building housing without adequate transportation infrastructure may exacerbate, not alleviate, the affordable housing crisis.

2. Support legislation that protects existing affordable housing stock, including rental apartments, deed-restricted units, and mobile homes, and promotes affordable housing that includes long-term affordability agreements.

3. Support legislation that ensures incentives and density bonus provisions are directly linked to the level and percentage of affordable units provided for each project.

4. Support legislation that enables cities to develop locally appropriate plans that meet state objectives in a manner that is compatible with existing community character.

5. Support legislation that facilitates accessory dwelling units and encourages development of “missing-middle” housing that is compatible with suburban community character.

EXHIBIT A
256

6. Oppose housing legislation that is not accompanied by funding that can support expanded transportation, transit, and infrastructure, including planning, and capital improvement programs and funding to support new school facilities.

7. Oppose housing legislation that results in a net loss of local funding.

8. Support housing legislation that promotes the development and enhancement of a diverse workforce, as long as the legislation does not create an unfunded mandate or conflict with local land use authority and financial stability.

9. Oppose housing legislation that unduly impacts local taxation capacity or diverts financial resources from essential local public services and infrastructure programs.

10.Support legislation that increases financial assistance to cities, non-profit organizations, and local partnerships to provide affordable, transitional, special needs, and emergency housing to the homeless, seniors, veterans, and people with special needs.

11.Support legislation that increases financial assistance to cities, non-profit organizations, and local partnerships to provide and promote selfempowerment for homeless individuals or families through counseling, job training, and other related services.

12.Support legislation that provides financial assistance, improved access to, and expansion of health care, mental health, and drug addiction services for low income and homeless individuals.

13.Support legislation that removes fair housing barriers and prevents displacement.

Planning and Sustainability
The City prioritizes comprehensive land use planning that creates complete neighborhoods, promotes a jobs/housing match, strengthens Livermore’s economic and fiscal base, provides housing choice, promotes local control with public input, streamlines the permitting process, conserves wildlands, promotes environmental stewardship while reducing the City’s environmental footprint, and generally improves the community’s quality of life.

1. Oppose legislation that diminishes cities’ decision-making authority over land use decisions, zoning, or permit process and timelines.

2. Support legislation preserving or enhancing the federal Community Development Block Grant (CDBG) program.

3. Support land use patterns that maintain safe neighborhoods, bolster economic prosperity, provide local jobs, preserve open space, protect the environment, and enhance overall quality of life.

EXHIBIT A
257

4. Oppose state or federal efforts to further erode local government authority regarding the location or permit review of small cell wireless equipment, cellular towers, transmission sites, or other devices on public infrastructure or in the public right of way.

5. Support funding and incentives for smart growth and sustainable development.

6. Support CEQA-reform legislation that improves the cost-effective and timely delivery of projects and decreases the ability for spurious lawsuits.

7. Support RHNA- and APR-reform legislation that adequately provides necessary housing while reducing municipal administrative burden.

8. Support tax rebate programs, like the Williamson Act or Mills Act, to promote agriculture, open space preservation, historic preservation, and good design.

9. Support legislation or grant opportunities for cities that provide funding for developing or enhancing alternative vehicle fueling stations.

10.Support rebate programs, tax credits, and other financial incentives that encourage property owners to invest in energy efficiency and renewable energy systems, greenhouse gas-reducing technology, and alternative vehicle fueling stations in parking areas.

11.Monitor state and federal legislation related to climate adaptation.

12.Support measures that increase funding to local governments for landfill diversion programs such as food recovery, composting, and recycling.

13.Support Extended Producer Responsibility (EPR) legislation to encourage manufacturers to design environmentally friendly products by holding producers responsible for the costs of managing their products at end of life.

Building Safety
The City prioritizes protection of public health, safety and welfare by proper building design and construction practices.

1. Support legislation that increases the safety of buildings, reduces potential hazards and protects against fire and structure collapse.

2. Support legislation for seismic earthquake retrofits to protect individuals and structures.

3. Support legislation that contributes to the quality and durability of construction methods and materials

4. Oppose legislation to restrict number of inspections needed to verify safety of the built environment and other components.

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5. Support measures to streamline photovoltaic and electrical vehicle charging permitting and installation.

6. Support legislation that contributes to the wellbeing of a community, preservation of life safety, and property maintenance.

7. Support legislation that promotes barrier removal and sustainable practices in the built environment.

8. Oppose legislation that establishes unrealistic timeliness for building project review that will potentially create an unsafe built environment.

Infrastructure
The condition of a city’s infrastructure affects the community’s quality-of-life. Sewer and water systems, sidewalks, and roads are subject to a wide number of regulations and must be maintained or replaced to ensure the health of the community.

1. Support state and federal legislation that would expand connectivity and access to digital resources.

2. Oppose legislation regarding infrastructure such as sidewalk repair that increases a city’s unfunded infrastructure liability.

3. Support state and federal legislation that provides additional funding and/or preferred financing for local critical unmet infrastructure needs.

4. Support legislation that reduces or streamlines state and federal permitting requirements.

5. Support legislation that enhances the reliability of water transmission and storage through the Delta to the Tri-Valley.

6. Support legislation that provides new funding methods for flood control and stormwater management.

7. Support legislation that would acknowledge an adopted California Environmental Quality Act (CEQA) document can be substituted for a federal National Environmental Protection Agency (NEPA) document for infrastructure projects.

8. Monitor legislation that alters the state’s agency permitting requirements and how they impact the timeliness and viability of natural resource projects planned by government agencies and special districts at the local and regional level including Fish and Game endowments.

Job Creation and Economic Development
The City encourages and supports business through strategic economic development initiatives. Fostering a strong business environment requires job creation, educational opportunities, and workforce development programs.

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1. Support legislation that enhances or expands community and economic development tools and funding to address development and revitalization needs.

2. Support legislation or grants that focus on downtown development.

3. Support legislation that promotes and funds workforce development and retraining efforts focused on high-skilled jobs required by emerging industries.

4. Support legislation that encourages entrepreneurship, facilitates resourcesharing models, or otherwise reduces barriers to entry for small business.

5. Support legislation that provides insurance or loan guarantees for small business loans during recessionary periods.

6. Support legislation or grants that focus on walkable, transit oriented, and complete districts with access to jobs and services.

Libraries
The Livermore Public Library connects people with information and education, and inspires experiences that support lifelong learning, personal growth, and enhanced quality of life. With strong community support, the Library offers programs, materials, materials, and services most valued by residents.

1. Support legislation that increases financial assistance to cities to fund and promote local library programs and literacy services.

2. Support legislation that seeks to close the digital divide through funding local library efforts to provide broadband internet and technology through devices such as hotspots, computers, and tablets, for community members to access.

3. Support legislation and funding efforts relating to early literacy, school readiness, adult literacy, career development, vocational support, and assistance to vulnerable and under-served populations.

4. Oppose censorship and efforts to limit the public’s intellectual freedom and access to information and resources.

5. Support the enhancement of inclusivity, efforts to offer open and unfettered access to information, the exchange of ideas, and the welcoming of all people to express themselves regardless of their politics or beliefs.

6. Support legislation that fosters growth during the transformation of libraries and library services in a dynamic and increasingly global digital information environment.

7. Support legislation that protects the privacy of patrons and their associated library records and data.

8. Support legislation that enhances equitable, diverse, and inclusive initiatives and opportunities.

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Public Safety and Emergency Management
Effective public safety significantly enhances a community’s quality-of-life. Maintaining a strong safety presence requires ongoing local, regional, state, and federal support.

1. Support legislation and grants that fund police and fire equipment upgrades, training, and capital improvements.

2. Support legislation that promotes and funds emergency management and recovery efforts.

3. Support legislation that maintains and increases grant funding for the Community Oriented Police Services (COPS) hiring program.

4. Monitor legislation pertaining to unmanned aircrafts (drones) and Federal Aviation Administration regulations.

5. Support legislation to increase penalty for prohibited persons in possession of firearms and use of firearms in the commission of a crime.

6. Support legislation that penalizes individuals who engage in drug and/or distracted driving activities.

7. Support legislative efforts to address the negative impacts of Proposition 47 (Reduced Penalties for Some Crimes, 2014) and Proposition 57 (Parole for NonViolent Criminals and Juvenile Court Trial Requirements Initiative, 2016) and provide local law enforcement with tools to reduce criminal activity.

8. Support legislation that would provide funding and increase access to mental health care, response to mental health related calls for service, and drug/ alcohol treatment programs.

Science, Technology, and Innovation
As the only City in the United States with two national laboratories, science, technology, and innovation play an important role in the Livermore economy, workforce, and community values. Additionally, the City partnership with the labs and i-GATE fosters innovation, job creation, and economic development opportunities.

1. Support legislation that advances or encourages innovation, entrepreneurship, start-ups, small business opportunities, and/or workforce development.

2. Support legislation that encourages the expansion of STEM (Science, Technology, Engineering, and Mathematics) programs in K-12, higher education, libraries, and community-based organizations.

3. Support legislation that encourages and supports the transfer of technology from the national laboratories.

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4. Support legislation that provides competitive grants, state partnerships, or other resources to encourage innovation and the science, technology, and innovation economies.

5. Support legislation that improves the abilities of the federal laboratories to update or expand their infrastructure.

Transportation and Parking
Regional and local transportation play a key role in a community’s economic vitality and quality-of-life.

1. Support legislation that reduces congestion along Tri-Valley area freeways or reduces truck traffic along I-580 through roadway or rail improvements.

2. Support legislation that enhances the ability of local agencies to finance local transportation programs and facilities.

3. Support legislation that facilitates connectivity between major regional rail/transit systems.

4. Support legislation that provides incentives for rail and multimodal transit stations and transit-oriented development projects.

5. Oppose legislation mandating “one-size-fits-all” parking space requirements for future housing, entertainment, or retail developments or impinging on how parking spaces can be used.

6. Support legislation that provides incentives for shared public/private partnerships.

7. Monitor legislation that defines "high quality transit" for purposes of transitoriented development as anything with service headways above hourly. Review on case-by-case basis to determine any impacts and/or benefits.

8. Support legislation to encourage the sale of unleaded fuel and assistance to pilots for Supplemental Type Certificate acquisition for non- American Society for Testing and Materials unleaded fuels at airports nationwide.

Water
Water, both quantity and quality, is essential to residential quality-of-life as well as agricultural and economic vitality and growth.

1. Oppose legislation that imposes a state tax or fee on customers of a public water system for drinking water.

2. Monitor legislation developing new water conveyance systems such as peripheral canals or tunnels (as mentioned in the proposed Bay Delta

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Conservation Plan) to deliver adequate water to the Tri-Valley and the Silicon Valley.

3. Support legislation that expands the production and use of recycled water or increases local control of water supplies.

4. Oppose legislation that expands statewide mandatory water conservation and/or rationing unless the conservation measures are triggered in response to specific local water supply conditions.

5. Support legislation that allows direct and indirect potable water reuse.

6. Oppose legislation that allows the State Water Resources Control Board or Regional Water Quality Control Board to establish more stringent, clean water objectives unless the legislation provides a demonstrated water quality benefit as well as the means for jurisdictions to achieve the objectives.

7. Support regulations to protect drinking water from the impacts of hydrological fracturing (hydro-fracking) related to oil and gas exploration and extraction.

8. Support legislation and programs that make water, sewer, and/or storm services more affordable for customers.

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CITY COUNCIL STAFF REPORT ITEM NO. 6.1
DATE: March 25, 2024
TO: Honorable Mayor and City Council
FROM: Paul Spence, Assistant City Manager
SUBJECT: Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Needs Allocation (RHNA), pursuant to Government Code Section 65400.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution accepting the 2023 General Plan Housing Element Annual Progress Report.

SUMMARY
On March 13, 2023, the City Council adopted the updated 2023-2031 General Plan Housing Element, and it was certified by the California Housing and Community Development Department on March 24, 2023. The purpose of a Housing Element is to identify the current and projected housing needs for the City of Livermore and establish goals, policies, and programs to address those needs. The Annual Progress Report describes the City’s progress completing the programs in the Housing Element and meeting its Regional Housing Needs Allocation (RHNA).

Overall permitting for residential development was lower in 2023 than previous years, likely reflecting ongoing supply chain constraints, increasing construction costs, higher mortgage rates during this period, and continued litigation preventing construction of approved projects. Residential permitting activity is likely to increase over the next few years with the construction of approved projects in the Isabel Neighborhood Specific Plan, Arroyo Vista Neighborhood Plan, and additional residential projects currently in the entitlement process.

In 2023, Livermore made progress towards its RHNA targets for the above moderate- and moderateincome categories but did not make contributions to its targets for low and very low-income categories.

However, the City continues to make progress toward implementing housing programs and securing funding to increase housing opportunities for community members across the lower income levels. 264
Government Code Section 65400 requires the City to submit the Annual Progress Report to both the State Housing and Community Development Department and the Governor’s Office of Planning and Research by April 1, 2024. Government Code Section 65400 also requires that City Council consider the report and allow public comment. If City Council accepts the report, staff will file it with the State prior to the April 1, 2024, deadline.

DISCUSSION
Background
In March 2010, the California Department of Housing and Community Development (HCD) adopted Housing Element regulations that specify for cities and counties how to complete annual reports on Housing Element progress. Since 2010, the State has passed extensive housing legislation due to concerns about the lack of housing production and housing affordability. Included in that legislation are expanded reporting requirements for Annual Progress Reports (APRs). APRs require local jurisdictions to report the following information:

Building permits issued for housing units by income level to show progress meeting RHNA targets.

Progress implementing Housing Element programs to maintain, improve, and develop housing opportunities for all income levels.

Housing development applications submitted.

Housing units receiving a planning entitlement.

Housing units receiving a certificate of occupancy or other form of readiness (such as a final building permit inspection).

Housing units proposed, approved, or constructed pursuant to the streamlining provisions in Senate Bill 6, Senate Bill 35 or Assembly Bill 2011.

Housing units constructed, and lot splits approved pursuant to Senate Bill 9.

Housing units constructed in conjunction with a commercial development bonus.

Housing units rehabilitated, preserved, or acquired for alternative adequate sites.

Above moderate-income units converted to moderate income units.

List of locally owned lands included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of.

List of sites identified as surplus publicly owned land.

Student housing units approved for lower income students for which a density bonus was granted.

Disclosure of local tenant preference policy, if established.

Status of projects that received Local Early Action Planning (LEAP) funding.

In addition to being required by State law, compliance with the filing requirement is a criterion of eligibility for several regional and State grants. For example, the One Bay Area Grant (OBAG) competitive grant program administered by the Alameda County Transportation Commission using regional funds requires on-time filing of the APR (by April 1) for eligibility. In the past, the City has received other grants from HCD for first-time homebuyer assistance (Cal Home), affordable housing development (Local Housing Trust), and other park and public amenity projects predicated on timely submittal of the APR. Filing the APR will sustain the City’s eligibility for these grant programs and others in the future.

City Council is required to review and accept the APR before staff files it with the State Housing and Community Development Department and the Governor’s Office of Planning and Research by the April 1 deadline. The 2023 APR is included as Exhibit A to the Resolution and includes tables that show all the 265
required information listed above, consistent with State legislation. 2023-2031 Housing Element Update
To comply with State law, the City’s General Plan Housing Element must be updated every eight years to ensure the City’s policies and programs can accommodate estimated housing growth needs identified in the Association of Bay Area Government’s (ABAG) Regional Housing Needs Allocation (RHNA). On March 13, 2023, the City Council adopted the 2023-2031 General Plan Housing Element to demonstrate its ability to accommodate housing needs in Livermore and it was certified by the California Housing and Community Development Department on March 24, 2023.

Regional Housing Needs Allocation
The RHNA refers to the fair share of regional housing that the City needs to accommodate during the Housing Element planning period. The City is not required to construct housing to meet the RHNA.

Rather, Housing Element legislation requires cities to demonstrate the availability of land with zoning appropriate to accommodate future additional residential units. In addition to a residential land inventory, the Housing Element also includes programs to develop, preserve, and improve the housing stock.

The City’s RHNA for the 2023-2031 Housing Element cycle is 4,570 dwelling units, distributed among four income categories (1,317 very low, 758 low, 696 moderate, and 1,799 above moderate). The affordable housing income limits that define above moderate, moderate, low and very low-income are established for each county and adopted annually by Council resolution (Attachment 1).

Consistent with the RHNA for most Bay Area cities, Livermore’s overall housing need is greatest in the very low-income (29 percent of RHNA) and above moderate-income (39 percent of RHNA) categories of the RHNA. Livermore’s RHNA also reflects a need for workforce and senior housing in the low- and moderate- income categories, which represents 17 percent and 15 percent of the RHNA, respectively.

Building Affordable Housing in Livermore
State Housing Element Law allows jurisdictions to use density as a proxy for affordability when demonstrating the availability of residentially zoned land for low-income RHNA categories; however, HCD issued guidance starting with the 2017 APR noting that affordability of built units may not rely on density and must be based on actual sales/rental prices. As such, higher density product types no longer qualify as affordable based on density alone.

The City’s inclusionary housing ordinance requires new residential projects to include affordable units by contract (i.e., deed-restricted) with the City as follows:

For-sale units: 15 percent of all for-sale housing units built in the City must be affordable to low and moderate-income households. Of the 15 percent, a minimum of 7.5 percent of the units must be for low-income households.

Rental units: 15 percent of all rental housing units built in the City must be affordable to very low and low-income households. Of the 15 percent, a minimum of 7.5 percent of the units must be for very-low-income households.
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10 percent of for-sale housing units built in the Downtown Specific Plan shall be affordable to lowincome households. 20 percent of both for-sale and rental units built in the Isabel Neighborhood Specific Plan shall be affordable housing as follows:

For-sale units: The affordable housing units for for-sale residential developments must be sold to median- and moderate-income households. Of the total number of dwelling units (20 percent) set aside, at least five percent shall be reserved for sale to median-income households with the balance set aside for moderate-income households.

Rental units: The affordable housing units for rental residential developments must be designated or reserved for rental to very-low-income, and low-income, median-income, and moderate-income households. Of the total number of dwelling units (20 percent) set aside, at least six percent shall be reserved for rental to very-low-income households, at least seven percent shall be reserved for low-income households, and at least four percent shall be reserved for median-income households, with the balance set aside for moderate-income households.

Inclusionary units are required to be the same quality as market rate units and evenly distributed throughout each residential project.

The City Council can approve alternative means of meeting the inclusionary housing requirements above (e.g., in-lieu fees, donation of land, etc.). The City uses in-lieu fees for the construction of affordable housing, such as the Vineyard 2.0 and Avance projects. Due to high sales and rental costs, all low and very low- income units produced in the city require a subsidy. The City does not have sufficient affordable housing funds to subsidize enough units to reach the RHNA goals in these categories.

Therefore, the inclusionary housing requirement on market-rate development is critical to meeting the city’s affordable housing targets.

State and local policies aside, attached unit types tend to cost less than single-family detached units and are more attainable to first-time homebuyers and other households with less ability to afford large down payments. Rental units and accessory dwelling units offer options for households that cannot afford to buy. These housing types are important for diversifying housing choices in Livermore. 2023 Housing Permit Activity
Attachment 2 includes summary tables from the Annual Progress Report showing housing permit activity in 2023. The City issued building permits for 70 units, which is lower than previous years. The reduced activity likely reflects the current market conditions, ongoing supply chain constraints, increasing construction costs, higher mortgage rates during this period, and continued litigation preventing construction of approved projects like Eden Housing and Garaventa Hills. Most of the permits issued in 2023 were for accessory dwelling units (approximately 70 percent). Multi-family units and single-family detached units were approximately 17 and 13 percent of the total, respectively.

Staff anticipates building permit activity to increase over the next several years due to construction of recently approved projects in the Arroyo Vista Neighborhood Plan and Isabel Neighborhood Specific Plan, which allows for over 435 and 4,000 new residential units at build-out, respectively. Grading activities commenced for two of the approved projects in the Isabel Neighborhood Specific Plan in 2023, with the projects yielding over 400 units upon completion. In addition, several new development 267
applications submitted in 2023 are currently under entitlement review and collectively propose over 1,800 new housing units at a range of densities and affordability levels.

Progress Meeting RHNA for the 2023-2031 Cycle
Table B of the Annual Progress Report (Attachment 3) shows the City's progress meeting its RHNA numbers in 2023, which is the first year of the planning period for the sixth RHNA cycle. RHNA progress is determined through building permits issued by income level. The City made progress towards its RHNA targets for the above moderate and moderate-income categories. The City did not permit any residential units for the low and very low-income categories during 2023 and, therefore, did not contribute to RHNA targets in those categories.

Progress Implementing Housing Programs
In addition to planning for and entitling housing at a range of densities and affordability levels, the City implements a variety of housing programs to address affordability challenges in Livermore. Table D of the Annual Progress Report lists the goals, policies, and programs in the Housing Element and the status towards implementing and completing these programs. Many of the Housing Element programs outlined in Table D are ongoing as the updated Housing Element was adopted in early 2023. Below are accomplishments in 2023 that highlight implementation of the City’s 2023-2031 Housing Element.

The City continued to make progress on the General Plan Update, including a comprehensive evaluation and community engagement campaign around the land use alternatives previously approved by the City Council. City staff presented to, and met with, over 1,100 people from October to December 2023 to evaluate and compare the alternatives. The feedback received from these efforts will inform the selection of a Preferred Land Use Scenario for further study.

The City initiated the first phase of a comprehensive Development Code Update, last updated in 2010. The comprehensive Development Code Update will incorporate amendments to respond to new state housing laws and create objective design standards to streamline design review and facilitate development for a variety of housing types, densities, and income levels.

In December 2023, construction was completed for the Vineyard 2.0. The project provides 24 units, including 23 supportive housing units for extremely low, very low-income, and formerly homeless households. In addition, the project offers approximately 10,000 square feet of commercial space for a resource center serving persons who are homeless and a commercial food kitchen benefiting food insecure people in Livermore.

In 2023, the City executed Low Income Housing Agreements with developers of three new residential for-sale projects, securing 92 affordable units for low and moderate-income buyers in the future.

The City provided grants and supported programs that expand the supply of housing units for individuals with disabilities through partnerships with MidPen, Tri-Valley REACH, and various community non-profit organizations. In May 2023, MidPen welcomed new residents at the official opening for Avance, consisting of 43 affordable units of services-enriched housing for persons with developmental disabilities.
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With grant funds awarded to the City from the State of California’s Family Homelessness Challenge Grant program, two homeless or at-risk of homelessness families in the Livermore Unified School District have been placed in units and are receiving Intensive Case Management Services.

CEQA DETERMINATION
Accepting the 2023 Annual Progress Report is not a project as defined by the California Environmental Quality Action (CEQA) Guidelines Section 15378 because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.