HomeMy WebLinkAbout5.7 New Capital Improvement Program Project – Irrigation System Upgrades, Approval of Grant Agreement with Zone 7, and Authorization to Purchase Equipmentr
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5.7
SU B.ECT: New Capital Improvement Program Project - Irrigation System Upgrades,
Approval of Grant Agreement with Zone 7, and Authorization to Purchase
Equipment
Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider creating a new Capital Improvement Program project, Irrigation
System Upgrades, to improve overall irrigation efficiency in parks, at city facilities, and in street
landscaped areas. As part of this action, the City Council will consider approving a grant
agreement with Zone 7, authorizing the purchase of irrigation equipment, and approving a budget
change.
STAFF RECOMMENDATION:
Take the following actions: 1) Create a new Capital Improvement Program (CIP) Project, Irrigation
System Upgrades (CIP No. G10224); 2) Adopt the Resolution Approving the 2022 Urban
Community Drought Relief Local Project Sponsor Agreement with Alameda County Flood Control
and Water Conservation District, Zone 7; 3) Adopt the Resolution Authorizing Purchase of
Irrigation Controllers from SiteOne Landscape Supply, LLC; and 4) Approve the budget change.
FINANCIAL IMPACT:
The Irrigation System Upgrades project is estimated to cost $1,840,000. Funding for the project
includes a grant of $1,380,000 from the State of California Department of Water Resources Urban
Community Drought Relief Grant Program, which requires local matching funds of $460,000. Staff
proposes a budget change in that amount from the Non -Streets CIP Reserve, which has a current
balance of $3.2 million.
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DESCRIPTION:
In December 2022, Alameda County Flood Control and Water Conservation District, Zone 7
submitted a grant proposal to the State of California Department of Water Resources (DWR)
Urban Community Drought Relief Grant Program. Zone 7 coordinated with other agencies and the
resulting grant proposal included several water conservation projects from Zone 7, Alameda
County, and the cities of Livermore, Dublin, and Pleasanton. In June 2023, Zone 7 was notified by
the DWR that four of the proposed projects were awarded grants, including $1,380,000 for
Dublin's Irrigation System Upgrades Project. Following negotiations, Zone 7 and the DWR
executed the grant agreement in November 2023 (Attachment 2).
The Irrigation System Upgrades Project is anticipated to reduce City irrigation water use by eight
percent (roughly $50,000 per year in savings) and achieve operational efficiencies by completing
the following improvements to the City's irrigation system:
• Communications - Upgrade the existing system to ensure adequate communication
between the central irrigation system and irrigation controllers throughout all City -
maintained landscapes.
• System Optimization - Provide advanced, site -specific irrigation scheduling based
on each location's soil type, plant type, slope, sun, shade, etc., to improve overall water
efficiency and landscape quality for 25 of the City's largest landscapes. The system will
also be able to adapt to weather conditions (e.g., shut off in anticipation of rain).
• Operations - Provide operational and training support for Staff and contractors to
maintain and operate the upgraded system.
• Controller and Valve Upgrades - Install 40 to 60 new controllers with cellular
communications to the central irrigation system. The work will also include upgrades of
between 40 and 60 master valves and flow systems that can shut off in an unscheduled
flow.
New Capital Improvement Program Proiect
To implement the upgrades, a new project must be created in the City's Capital Improvement
Program (CIP), and a budget change is needed to appropriate local matching funds required by the
Drought Relief Grant Program. The new CIP project, Irrigation System Upgrades, CIP No. GI0224,
is shown in Attachment 5. The budget change (Attachment 6) appropriates funds from the General
Fund Assigned Reserve for Non -Streets CIP into the proposed project budget to provide the local
matching funds.
Grant Agreement
Because Zone 7 submitted the grant application that contained projects from several agencies,
Zone 7 will be administering the State grant and will have the responsibility for disbursement of
grant funds. To facilitate Dublin's receipt of grant funds and to ensure compliance with grant
requirements, an agreement between the City of Dublin and Zone 7 is necessary (Attachment 2).
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Irrigation Controller Procurement
During the planning and grant proposal phase of the project, Staff solicited pricing on Toro
irrigation controllers (manufactured by The Toro Company) from the local distributor. The
pricing at that time resulted in a grant proposal project scope with 40 new irrigation controllers.
SiteOne Landscaping Supply, LLC, an authorized distributor of Toro equipment, is offering
promotional pricing on the controllers, which will allow the City to purchase 60 new irrigation
controllers for the price of 40 (a total of $650,000). Without the discount, or by delaying the
purchase to the construction phase of the project, the available grant and local match funds will
likely result in only 40 new irrigation controllers installed by the project.
By purchasing the controllers now, the City can include them as part of the overall project plans
and specifications, which will be advertised for competitive bids in late spring 2024 and
completed under a future construction contract.
Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public
bidding process when the City can procure items from a competitive bid process administered by
another public agency. Purchases made in this manner in excess of $45,000 require City Council
approval (Section 2.36.090). Toro has an active agreement with Sourcewell (Attachment 4), a
service cooperative created by the Minnesota legislature as a local unit of government that offers
local agencies access to a variety of competitively bid agreements, with which the City of Dublin is
registered. In compliance with the agreement these controllers can be purchased by the City
through authorized Toro distributors such as SiteOne Landscape Supply.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the 2022 Urban Community Drought Relief Local Project Sponsor
Agreement with Alameda County Flood Control and Water Conservation District, Zone 7
2) Exhibit A to the Resolution - Local Project Sponsor Agreement
3) Resolution Authorizing the Purchase of Irrigation Controllers from SiteOne Landscape Supply,
LLC
4) Exhibit A to the Resolution - Sourcewell Contract with The Toro Company, 031121-TTC
5) CIP No. GI0224 Irrigation System Upgrades
6) Budget Change Form for the Irrigation System Upgrades, CIP No. G10224
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Attachment I
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE 2022 URBAN COMMUNITY DROUGHT RELIEF LOCAL PROJECT
SPONSOR AGREEMENT WITH ALAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, ZONE 7
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7 (Zone
7) submitted a grant application to the State of California Department of Water Resources (DWR)
Urban Community Drought Relief Program in November 2022 and included proposals from
several local project sponsors in the Livermore-Amador Valley, including the City of Dublin; and
WHEREAS, in June 2023, DWR awarded Zone 7 $2,242,500 of grant funds, which includes
$1,380,000 in grant funds for the City of Dublin Irrigation System Upgrades project; and
WHEREAS, in November 2023, Zone 7 and DWR executed Agreement Number
4600015378 Urban Community Drought Relief Grant (State Agreement), which among other
things, establishes the requirements to receive grant funds; and
WHEREAS, the City of Dublin and Zone 7 desire to enter into a 2022 Urban Community
Drought Relief Local Project Sponsor Agreement, attached hereto as Exhibit A, for the purpose
of ensuring compliance with the State Agreement and receiving grant funds for the City of Dublin
Irrigation System Upgrades project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the 2022 Urban Community Drought Relief Local Project Sponsor Agreement with
Alameda County Flood Control and Water Conservation District, Zone 7, attached hereto as
Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
{Signatures on the following page}
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2
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PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2
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Attachment 2
AGREEMENT BETWEEN ALAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, ZONE 7 AND CITY OF DUBLIN -
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 Dublin (hereinafter referred to as Local Project Sponsor
Grantee "LPS"). Zone 7 and LPS are collectively referred to as the "Parties," and each individually
as a "Party."
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,
$1,380,000 in funding for LPS's drought relief project along with cost sharing requirement of
$460,000; 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, one of the projects funded with the State Agreement is the "Dublin Irrigation
System Upgrades" ("Project") proposed by the LPS, with an estimated total project cost of
$1,840,000; and
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
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.
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Notwithstanding the date on which this Agreement is executed, Project costs incurred by the LPS
after June 30, 2022, to the extent they are eligible for funding under and otherwise compliant with
the State Grant and State Agreement, are eligible for reimbursement under this Agreement. All
activities to implement the Project must be completed by December 31, 2026 to be eligible for
State Grant funding.
2. Project, Subaward and Cost Share
a) Under the terms of this Agreement, the LPS will implement the Project as more particularly
described in Attachment 1, and Zone 7 will disburse up to $1,380,000 of the State Grant to
the LPS in accordance with the Grant Agreement. Said disbursements will only be made
after Zone 7 receives such funds from DWR. The LPS will provide and document the cost
share expenditures as required in the State Agreement.
b) Local Project Grantee Cost Share is required to fulfill a local cost share (non -State funds)
in the amount of $460,000 of the total estimated total project cost of $1,840,000, as set
forth in Exhibit B to the State Agreement (Budget). Required Cost Share must be for
Eligible Project Costs directly related to the Project as set forth in Exhibit A to the State
Agreement (Work Plan), incurred after June 30, 2022.
3. Zone 7 Obligations
a. Zone 7 will undertake and complete administrative and management responsibilities
relating solely to Grant Administration, in accordance with the State Agreement attached
hereto as Attachment 1, under "Exhibit A — Workplan — Grant Administration," that are
not related solely to Local Projects.
b. Zone 7 shall disburse grant funds as required or permitted by the State Agreement.
Notwithstanding the foregoing, Zone 7 is not obligated to disburse any funds to the LPS
until such grant funds are authorized and disbursed from DWR to Zone 7.
c. Zone 7 will promptly notify the LPS of any notices given or actions taken by DWR if such
notices or actions are likely to affect LPS's performance, duties, obligations or funding
under this Agreement, including but not limited to notices from DWR regarding LPS's
invoices under Section 8 of the State Agreement or alleged default related to the Project
under Section 11 of the State Agreement.
4. LPS Obligations
a. The LPS is, and at all times will continue to be, in full compliance with the terms and
conditions of the State Agreement as a recipient of the State Grant for its particular project.
LPS shall be responsible for all of Grantee's responsibilities pursuant to the State
Agreement as if LPS were Grantee, including but not limited to those specific
responsibilities discussed in this Agreement, except otherwise expressly stated in this
Agreement. LPS understands and agrees that for the terms and conditions of the State
Agreement which pertain to the Project, are hereby passed through to, and adopted by LPS
as obligations of LPS, excepting only Zone 7's obligations as defined in paragraph 3 of
this Agreement.
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b. The LPS is solely responsible for all Project costs, including any amount exceeding the
project budget of $1,840,000, and submitting eligible costs for reimbursements as per the
terms of the State Agreement. The LPS is required to maintain all financial records
associated with the total project cost for inclusion in the final project report.
c. In accordance with the State Agreement, the LPS may submit invoices for expenses
incurred after July 1, 2022 for grant reimbursement and to meet cost share requirements.
d. The LPS hereby assumes responsibility for submitting Post -Performance Reports as
required under Section 13.D of the State Agreement. Reports will be sent by LPS to Zone
7 within sixty calendar days after the first operational year of the Project and annually for
a total of 3 years following Project completion, for submittal to DWR .
e. The LPS hereby assumes responsibility for the following as required under Section 14 of
the State Agreement; (a) Operating and maintaining facilities and structures of the Project,
(b) all costs for the operation and maintenance of the facilities and structures of the Project,
and (c) performing as required under (a) and (b) for the period required by the State
Agreement.
f. The obligations of Paragraph 4d and Paragraph 6 of this Agreement shall survive the
termination of this Agreement.
g.
The LPS shall not cause Zone 7 to be in violation of the State Agreement, whether by act
or omission.
h. In the event of an audit from DWR, LPS shall provide all information Zone 7 requests to
fulfill the audit. If the audit finds any compliance deficiency related to the LPS's Project,
reporting, or obligations of this agreement, the LPS shall make all remedies necessary to
correct said deficiency. LPS will be responsible for any such deficiency and all results
therefrom.
5. Breach of State Agreement
If DWR determines there is a breach of the State Agreement, and Zone 7 determines the breach is
a result of the LPS not performing their obligations contained herein, or LPS otherwise being in
breach of this Agreement, then the LPS agrees to return to Zone 7 any reimbursement which DWR
declares needs to be repaid and Zone 7's costs associated with resolving the breach of State
Agreement.
6. Inspection of Records; Pass -Through Provisions
Pursuant to the State Agreement, DWR is entitled to inspect and make copies of any records
pertaining to the Project and the Parties are required to make available for such inspection accurate
records of all costs, disbursements, and documentation as necessary to comply with the
requirements of the State Agreement. LPS shall be subject to this requirement.
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7. Indemnification
a. To the fullest extent permitted by law, the LPS will immediately defend, indemnify and
hold harmless Zone 7, its directors, officers, employees, or authorized agents, and each of
them from and against:
i. All claims, demands, liabilities and losses arising out of the performance (or
actual or alleged non-performance) of the Project by the LPS, including its
agents and employees for damages to persons or property arising, pertaining to
or relating to the LPS's negligent acts or omissions or willful misconduct or the
failure of LPS to comply with any professional standard of care applicable to the
Project.
ii. Any and all actions, proceedings, damages, costs, expenses, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the intentional or negligent violation of any
governmental law or regulation, compliance with which is the responsibility of
LPS.
iii. Any and all reasonable losses, expenses, damages, attorneys' fees, and other
costs, including all costs of defense, including but not only costs of counsel
acceptable to Zone 7, which Zone 7 may incur with respect to the failure,
neglect, or refusal of LPS to perform the Project or its obligations under the
Agreement. LPS shall further defend itself against any and all liabilities, claims,
losses, damages, and costs arising out of or alleged to arise out of performance or
non- performance of the work hereunder, and shall not tender such claims to
Zone 7 nor to its directors, officers, employees, or authorized volunteers, for
defense or indemnity.
iv. Any liability including, but not limited to, arising from any funding
disallowance, audits, demands, claims, actions, liabilities, damages, fines, fees,
costs, and expenses brought forth by DWR.
v. Any liability, claims, or damages, Zone 7 is required to indemnify DWR from
pursuant to Section D.20 of Exhibit D of the State Agreement, to the extent that
they relate to the Project.
8. Termination
Upon termination of the State Agreement, this Agreement shall terminate effective the same date
as the State Agreement and in accordance with the terms and conditions for the termination of
the State Agreement.
9. Notice
All notices or notifications to Zone 7 shall be in writing addressed to the persons set forth as
follows:
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Project Representative:
Valerie Pryor
General Manager
100 North Canyons Parkway
Livermore, CA 94551
vpryor@zone7water.com
Project Manager:
Kevin Padway
Assistant Water Resources Planner
100 North Canyons Parkway
Livermore, CA 94551
kpadway@Zone7water.com
All notices or notifications to the LPS shall be in writing addressed to the persons set forth as
follows:
Project Representative:
Linda Smith
City Manager
100 Civic Plaza
Dublin, CA 94568
city.manager@dublin.ca.gov
Project Manager:
Rosemary Alex
Parks and Facilities Development Coordinator
100 Civic Plaza
Dublin, CA 94568
Rosemary.alex@dublin.ca.gov
10. Amendments
This Agreement may be changed only by a written amendment duly signed by Zone 7 and the
LPS.
11. Assignment
The LPS shall not assign its rights or delegate its duties under this Agreement.
12. Dispute Resolution
In the event of a dispute between the parties arising from this Agreement, both parties shall meet
and confer to try to resolve the issue. If the parties are not able to resolve the issue, both parties
shall agree to arbitration or mediation.
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13. California Law
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
14. Validity and Severability
If any provision of this Agreement or the application thereof to any circumstance is held invalid,
the remainder of this Agreement and the application of such provision to other circumstances
shall not be affected thereby.
15. No Waiver
No wavier by either party of any event of breach and/or breach of any provisions of this
Agreement shall constitute a waiver of any other event of breach and/or breach. Either Party's
non -enforcement at any time, or from time to time, of any provisions of this Agreement shall not
be construed as a waiver thereof.
16. Authorities
The individual signing this agreement on behalf of the LPS declare that they have the authority
to enter into this agreement on behalf of the LPS. Documentation of said authority is attached
hereto as Attachment 2.
17. Payment
Zone 7 is not receiving any compensation from the State Grant for grant administration, which is
a burden on Zone 7, nor is Zone 7 receiving any grant funds for a project included in the State
Agreement. Rather, Zone 7 is performing the grant administration to support regional water
conservation. Zone 7 is willing to do this at no cost to the LPS, contingent upon timely,
thorough, and substantive responses, submittals, reports, and other items needed for Zone 7 to
effectively administer the State Agreement. In the event that the LPS fails to do so as determined
by Zone 7 at its sole discretion, Zone 7 may decide to invoice LPS for, and LPS agrees to pay
Zone 7 for, all costs of grant administration associated with the Project. Said costs may include
labor (including fringe benefits), financial, and actual costs incurred in performance of grant
administration.
18. Entire Agreement
This Agreement, together with the attachments hereto, constitutes the complete agreement
between the Parties.
19. Intent
Any ambiguities within this agreement shall not be construed in a manner which places Zone 7
in a worse position than Zone 7 would have otherwise been in without the State Agreement.
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20. DocuSign
All parties consent to using DocuSign for this agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto:
Alameda County Flood Control and Water Conservation District, Zone 7
Date:
Valerie Pryor
General Manager
Approved as to Form:
Rebecca Smith, General Counsel
City of Dublin
Date:
Linda Smith
City Manager
Approved as to Form:
Date:
John Bakker
City Attorney
Date?
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Attachment 1: State Agreement
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DocuSign Envelope ID: 4D960CEA-1940-4EBD-91 FA-2C792D84322B
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.
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DocuSign Envelope ID: 4D960CEA-1940-4EBD-91 FA-2C792D84322B
Grant Agreement No. 4600015378
Page 2 of 57
1. Final plans and specifications certified, signed and stamped by a California Registered
Civil Engineer (or equivalent registered professional as appropriate) to certify
compliance for each approved project as listed in Exhibit A of this Grant Agreement.
2. Work that is subject to the California Environmental Quality Act (CEQA) (including final
land purchases) shall not proceed under this Grant Agreement until the following
actions are performed:
a) The Grantee submits to the State all applicable environmental permits, as indicated
on the Environmental Information Form to the State,
b) Documents that satisfy the CEQA process are received by the State, and
c) The Grantee receives written notification from the State of concurrence with the
Lead Agency's CEQA documents (s) and State's notice of verification of
environmental permit submittal.
The State's concurrence of Lead Agency's CEQA documents is fully discretionary and
shall constitute a condition precedent to any work (i.e., construction or implementation
activities) for which it is required. Once CEQA documentation has been completed, the
State will consider the environmental documents and decide whether to continue to
fund the project, or to require changes, alterations, or other mitigation. Proceeding with
work subject to CEQA prior to the State's concurrence shall constitute a material
breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also
demonstrate that it has complied with all applicable requirements of the National
Environmental Policy Act (NEPA) by submitting copies of any environmental
documents, including Environmental Impact Statements, Finding of No Significant
Impact, mitigation monitoring programs, and environmental permits as may be required
prior to beginning construction/ implementation.
iv. A monitoring plan as required by Paragraph 15, "Monitoring Plan Requirements," if
applicable.
6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved,
subject to the availability of funds through normal State processes. Notwithstanding any other
provision of this Grant Agreement, no disbursement shall be required at any time or in any
manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations. Any
and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non -
interest -bearing account and shall be used solely to pay Eligible Project Costs.
7) 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.
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DocuSign Envelope ID: 4D960CEA-1940-4EBD-91 FA-2C792D84322B
Grant Agreement No. 4600015378
Page 3 of 57
B. Costs for preparing and filing a grant application.
C. Purchase of equipment that is not an integral part of a project.
D. Establishing a reserve fund.
E. Purchase of water supply.
F. Replacement of existing funding sources (e.g., bridge loans).
G. Meals, food items, or refreshments.
H. Payment of any punitive regulatory agency requirement, federal or state taxes.
I. Purchase of land in excess of the minimum required acreage necessary to operate as an
integral part of a project, as set forth and detailed by engineering and feasibility studies, or
acquisition of land by eminent domain.
J. Overhead and Indirect Costs. "Indirect Costs" means those costs that are incurred for a
common or joint purpose benefiting more than one cost objective and are not readily
assignable to the funded project (i.e., costs that are not directly related to the funded project).
Examples of Indirect Costs include, but are not limited to: central service costs; general
administration of the Grantee or LPSs; non -project -specific accounting and personnel
services performed within the Grantee's or LPS' organization; depreciation or use allowances
on buildings and equipment; the costs of operating and maintaining non -project -specific
facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead
or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub -
agreement for work on the Project that will be reimbursed pursuant to this Agreement.
K. Mitigation for environmental impacts not resulting from implementation of a project funded by
this Agreement. Costs incurred as part of any necessary response and cleanup activities
required under the Comprehensive Environmental Response, Compensation, and Liability
Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other
applicable law.
8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, "Basic
Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee,
following receipt from the Grantee of an electronic invoice certified and transmitted via
electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a
"wet signature" for costs incurred, including Local Cost Share, and timely Quarterly Progress
Reports as required by Paragraph 13, "Submission of Reports." Payment will be made no more
frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement
number. Quarterly Progress Report must accompany an invoice and shall be submitted within 60
days following the end of the calendar quarter (i.e., invoices due May 30, August 29, November
29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of
an invoice, the State determines that any portion or portions of the costs claimed are not eligible
costs or is not supported by documentation or receipts acceptable to the State. The Grantee
may, within thirty (30) calendar days of the date of receipt of such notice, submit additional
documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate
documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount
of ineligible or unapproved costs.
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DocuSign Envelope ID: 4D960CEA-1940-4EBD-91 FA-2C792D84322B
Grant Agreement No. 4600015378
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Invoices submitted by the Grantee shall include the following information:
A. Costs incurred for work performed in implementing the Project during the period identified in
the particular invoice.
B. Costs incurred for any interests in real property (land or easements) that have been
necessarily acquired for a project during the period identified in the particular invoice for the
implementation of a project.
C. Invoices shall be submitted on forms provided by the State and shall meet the following
format requirements:
i. Invoices shall contain the date of the invoice, either the time period covered by the invoice
or the invoice date received within the time period covered, and the total amount due.
ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B,
"Budget." The amount claimed for salaries/wages/consultant fees shall include a
calculation formula (i.e., hours or days worked times the hourly or daily rate = the total
amount claimed).
iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours' summary
table, time sheets) shall be provided for all costs included in the invoice.
iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the
State's funding amount, as depicted in Paragraph 3, "Grant Amount".
v. Original signature and date of the Grantee's Project Representative. Submit an electronic
invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign),
from authorized representative to the Project Manager or the original "wet signature" copy
of the invoice form to the Project Manager at the following address: Financial Assistance
Branch, DWR, P.O. Box 942836, Sacramento, CA 94236.
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs
submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee
shall not submit any invoice containing costs that are ineligible or have been reimbursed from
other funding sources unless required and specifically noted as such (i.e., cost share). Any
eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any
other source. Double or multiple billing for time, services, or any other eligible cost is illegal and
constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other
misuse of public funds may result in suspension of disbursements of grant funds and/or
termination of this Agreement requiring the repayment of all funds disbursed hereunder plus
interest. Additionally, the State may request an audit pursuant to Standard Condition Paragraph
D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's
office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen.
Code, §§ 470, 487-489.)
9) ADVANCED PAYMENT. Water Code section 13198.4(c) authorizes advanced payment by the
State for grantees that demonstrate cash flow issues. A project may receive an advanced
payment of twenty-five (25) percent of its grant award; the remaining seventy-five (75) percent of
the grant award will be reimbursed in arrears after the advanced funds have been fully expended.
Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide
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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.S.
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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://sqma.water.ca.qov/portal/.
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F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent
Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation,
and quality control.
G. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic
Sanctions against Russia and Russian entities and individuals. The EO may be found at:
https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-
Order.pdf. "Economic Sanctions" refers to sanctions imposed by the U.S. government in
response to Russia's actions in Ukraine, as well as any sanctions imposed under State law.
The EO directs DWR to terminate funding agreements with, and to refrain from entering any
new agreements with, individuals or entities that are determined to be a target of Economic
Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic
Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that
shall be grounds for termination of this Agreement. The State shall provide the Grantee
advance written notice of such termination, allowing the Grantee at least 30 calendar days to
provide a written response. Termination shall be at the sole discretion of the State.
13)SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the
successful completion of this Grant Agreement. Reports shall meet generally accepted
professional standards for technical reporting and shall be proofread for content, numerical
accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to
the State's Project Manager and shall be submitted via the DWR "Grant Review and Tracking
System" (GRanTS). If requested, the Grantee shall promptly provide any additional information
deemed necessary by the State for the approval of reports. Reports shall be presented in the
formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." The
timely submittal of reports is a requirement for initial and continued disbursement of State funds.
Submittal and subsequent approval by the State of a Project Completion Report is a requirement
for the release of any funds retained for such project.
A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the
State's requirement for disbursement of funds. Progress Reports shall be uploaded via
GRanTS, and the State's Project Manager notified of upload. Progress Reports shall, in part,
provide a brief description of the work performed, the Grantee's activities, milestones
achieved, any accomplishments and any problems encountered in the performance of the
work under this Grant Agreement during the reporting period. The first Progress Report must
accompany an invoice and shall be submitted within 60 days following the end of the calendar
quarter (i.e., invoices due May 30, August 29, November 29, and March 1).
B. Proiect Completion Report: The Grantee shall prepare and submit to the State a separate
Project Completion Report for each project included in Exhibit A. The Grantee shall submit a
Project Completion Report (or a Component Completion Report, if a Project has multiple
Components) within ninety (90) calendar days of Project/Component completion as outlined in
Exhibit F.
C. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the
Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report
shall be submitted within ninety (90) calendar days of submitting the Completion Report for
the final project to be completed under this Grant Agreement, as outlined in Exhibits A and F.
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Retention for any grant administration line items in the Budget of this Grant Agreement will not
be disbursed until the Grant Completion Report is approved by the State.
D. Post -Performance Reports: The Grantee shall prepare and submit to the State Post -
Performance Reports for the applicable project(s). Post -Performance Reports shall be
submitted to the State within ninety (90) calendar days after the first operational year of a
project has elapsed. This record keeping and reporting process shall be repeated annually for
a total of three (3) years after the project begins operation.
14)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
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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: Arthur.Hinoiosa(a�water.ca.gov
Valerie Pryor
General Manager
100 North Canyons Parkway
Livermore, CA 94551
Phone: (925) 454-5000
Email:vpryor@zone7water.com
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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: Amanda.Blackwell@water.ca.gov
Kevin Padway
Assistant Water Resources Planner
100 North Canyons Parkway
Livermore, CA 94550
Phone: (925) 454-5020
Email: kpadway@zone7water.com
Either party may change its Project Representative or Project Manager upon written notice to the
other party.
20)STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement
between the parties. The following Exhibits are attached and made a part of this Grant
Agreement by this reference:
Exhibit A — Work Plan
Exhibit B — Budget
Exhibit C — Schedule
Exhibit D — Standard Conditions
Exhibit E — Authorizing Resolution
Exhibit F — Report Formats and Requirements
Exhibit G — Requirements for Data Submittal
Exhibit H — State Audit Document Requirements and Cost Share Guidelines for the Grantee
Exhibit I — Local Project Sponsors and Project Locations
Exhibit J — Appraisal Specifications
Exhibit K — Information Needed for Escrow Processing and Closure
Exhibit L — Project Monitoring Plan Guidance
Exhibit M — Invoice Guidance for Administrative and Overhead Charges
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Arthur Hinojosa
Manager, Division of Regional Assistance
Date
11/27/2023
Approved as to Legal Form and Sufficiency
For
Robin Brewer
Assistant General Counsel,
Office of the General Counsel
Date 11/27/2023
Ak Ct5
Grant Agreement No. 4600015378
Page 12 of 57
IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.
STATE OF CALIFORNIA ZONE 7 WATER AGENCY
DEPARTMENT OF WATER RESOURCES
ah Va(-t,rit. Pr r
Valerie Pryor
General Manager
Date 11/22/2023
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EXHIBIT A
WORK PLAN
Grant Administration
Grant Agreement No. 4600015378
Page 13 of 57
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: Proiect 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 twenty-
five of the City's large landscapes and will provide advanced sites -specific scheduling based on
soil, plant type, slope, sun, shade et cetera to improve overall water efficiency.
11(g): System Optimization and Operations: The City's irrigation consultant along with the
Central System vendor will provide operation and training support for City Staff to maintain and
operate the system on -going.
Deliverables:
• Photographic Documentation of Progress
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PROJECT 2: Citywide Turf Reduction
IMPLEMENTING AGENCY: City of Livermore (City)
PROJECT DESCRIPTION: This project will help the City reduce non-functional turf at various City
properties, thereby reducing the demand for potable water. The City anticipates replacing
approximately 109,000 square feet of turf in at least five City owned sites. This turf would be
replaced with a drought tolerant landscape and incorporate drip irrigation. The project would reduce
water demand by approximately 21 acre-feet per year.
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 non -
potable uses. The automated fill station would provide a permanent year-round recycled water
source for many residents. This project will increase recycled water use locally by approximately 18
acre-feet per year.
Budget Category (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
PROJECTSRequired All Cost
Share
Grantmt Cost Other Cost Waiver
Share Cost
1 Dublin Irrigation System $1,380,000 $460,000 $0 $1,840,000 No
Upgrades
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 $300,000 $120,549 $61,647 $482,196 No
Water Recirculation System
GRAND $2' 242,500 $768,049 $61,647 $3,072,196
TOTAL
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PROJECT 1: Dublin Irrigation System Upgrades
Implementing Agency: City of Dublin
BUDGET CATEGORY
(a) Project Administration
Grant
Amount
Grant Agreement No. 4600015378
Page 28 of 57
Required All Other Total Cost
Cost Share* Cost
$0 $5,000 $0 $5,000
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design /
Engineering / Environmental $200,000 $260,000 $0 $460,000
Documentation
(d) Construction / $1,180,000 $195,000 $0 $1,375,00
Implementation
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
(a) Project Administration
(b) Land Purchase / Easement
(c) Planning / Design /
Engineering / Environmental
Documentation
(d) Construction /
Implementation
TOTAL COSTS $262,500 $87,500 $0 $350,000
NOTES:
Grant
Amount
Required All Other Total Cost
Cost Share* Cost
$0 $2,400 $0 $2,400
$0 $0 $0 $0
$0 $25,000 $0 $25,000
$262,500 $60,100 $0 $322,600
* 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
(a) Project Administration
(b) Land Purchase / Easement
Grant
Amount
Required
Cost Share*
Grant Agreement No. 4600015378
Page 29 of 57
All Other
Cost
Total Cost
$0 $2,400 $0 $2,400
$0 $0 $0 $0
(c) Planning / Design /
Engineering / Environmental $0 $25,000 $0 $25,000
Documentation
(d) Construction /
Implementation
TOTAL COSTS $300,000 $100,000 $0 $400,000
NOTES:
$300,000 $72,600 $0 $372,600
* 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 $0 $0 $0 $0
Documentation
(d) Construction /
Implementation
TOTAL COSTS
NOTES:
$300,000 $120,549 $59,451 $480,000
$300,000 $120,549
* Alameda County Fire Department will provide the cost share.
$61,647 $482,196
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EXHIBIT C
SCHEDULE
PROJECT 1: Dublin Irrigation System Upgrades
BUDGET CATEGORY
a Project Administration
b Land Purchase / Easement
c Planning / Design / Engineering / Environmental
Documentation
d Construction / Implementation
PROJECT 2: Citywide Turf Reduction
BUDGET CATEGORY
a Project Administration
b Land Purchase / Easement
c Planning / Design / Engineering / Environmental
Documentation
d Construction / Implementation
Grant Agreement No. 4600015378
Page 30 of 57
Start Date End Date
7/1/2023 9/30/2026
N/A N/A
7/1/2023 1 /1 /2025
6/ 1 /2025 6/31/2026
Start Date End Date
8/1/2023 9/30/2025
N/A N/A
8/1/2023 8/31/2024
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
d Construction / Implementation
8/1/2023 12/30/2025
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
d Construction / Implementation
N/A N/A
3/1/2023 6/30/2025
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D.1.
EXHIBIT D
STANDARD CONDITIONS
ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:
Grant Agreement No. 4600015378
Page 32 of 57
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.S. 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
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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.B. 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
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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/Pape-Content/Office-of-Legal-Services-Resources-
List-Folder/State-Contracting.
D.11. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in
place to ensure that state funds will not be used in the performance of this Funding
Agreement for the acquisition, operation, or maintenance of computer software in violation of
copyright laws.
D.12. 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 Drug -
Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug -free
workplace by taking the following actions:
A. Publish a statement notifying employees, contractors, and subcontractors that unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees, contractors, or
subcontractors for violations, as required by Government Code section 8355.
B. Establish a Drug -Free Awareness Program, as required by Government Code section
8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee's policy of maintaining a drug -free workplace,
iii. Any available counseling, rehabilitation, and employee assistance programs, and
iv. Penalties that may be imposed upon employees, contractors, and subcontractors for
drug abuse violations.
C. Provide, as required by Government Code section 8355, that every employee, contractor,
and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Grantee's drug -free policy statement, and
ii. Will agree to abide by terms of Grantee's condition of employment, contract or
subcontract.
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D.16. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real
property using State funds provided through this Funding Agreement, an appropriate
easement or other title restriction providing for floodplain preservation and/or wildlife habitat
conservation for the subject property in perpetuity, approved by the State, shall be conveyed
to a regulatory or trustee agency or conservation group acceptable to the State. The
easement or other title restriction must be in first position ahead of any recorded mortgage or
lien on the property unless this requirement is waived by the State.
Where the Grantee acquires an easement under this Agreement, the Grantee agrees to
monitor and enforce the terms of the easement, unless the easement is subsequently
transferred to another land management or conservation organization or entity with State
permission, at which time monitoring and enforcement responsibilities will transfer to the new
easement owner.
Failure to provide an easement or other title restriction acceptable to the State may result in
termination of this Agreement.
D.17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon
completion of the Project, Grantee shall provide for a final inspection and certification by a
California Registered Civil Engineer that the Project has been completed in accordance with
submitted final plans and specifications and any modifications thereto and in accordance with
this Funding Agreement.
D.18. 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/ Icp.asp. For more information, please refer to DIR's Public
Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms
that it is aware of the provisions of section 3700 of the Labor Code, which requires every
employer to be insured against liability for workers' compensation or to undertake self-
insurance, and the Grantee affirms that it will comply with such provisions before commencing
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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. Non-
material changes with respect to the budget are changes that only result in reallocation of the
budget and will not result in an increase in the amount of the State Funding Agreement. Non-
material changes with respect to the Project schedule are changes that will not extend the
term of this Funding Agreement. Requests for non -material changes to the budget and
schedule must be submitted by the Grantee to the State in writing and are not effective unless
and until specifically approved by the State's Program Manager in writing.
D.26. NONDISCRIMINATION: 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
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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
DocuSign Envelope ID' 05C910C2-0AC4-409F-BA52-9DF1724AE347
ZONE 7
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
BOARD OF DIRECTORS
RESOLUTION NO. 22-90
A Resolution of the Board of Directors of the Alameda County Flood Control and
Water Conservation District, Zone 7 Authorizing the Grant Application, Acceptance,
and Execution for the Tri-Valley Water Conservation and Resilience Project
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7
proposes to implement the Tri-Valley Water Conservation and Resilience Project with local
project sponsors;
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7 has
the legal authority and is authorized to enter into a funding agreement with the State of
California; and
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7
intends to apply for grant funding from the California Department of Water Resources for the
Tri-Valley Water Conservation and Resilience Project;
THEREFORE, BE IT RESOLVED by the Board of Directors of the Alameda County Flood
Control and Water Conservation District, Zone 7 as follows:
1. That pursuant and subject to all of the terms and provisions of Budget Act of 2021
(Stats. 2021, ch. 240, § 80) as amended (Stats. 2022, ch. 44, § 25), the Alameda
County Flood Control and Water Conservation District, Zone 7, General Manager, or
designee is hereby authorized and directed to prepare and file an application for
funding with the Department of Water Resources, and take such other actions
necessary or appropriate to obtain grant funding.
2. The Alameda County Flood Control and Water Conservation District, Zone 7, General
Manager, or designee is hereby authorized and directed to execute the funding
agreement with the Department of Water Resources and any amendments thereto.
3. The Alameda County Flood Control and Water Conservation District, Zone 7, General
Manager, or designee is hereby authorized and directed to submit any required
documents, invoices, and reports required to obtain grant funding.
4. The Alameda County Flood Control and Water Conservation District, Zone 7, General
Manager, or designee is hereby authorized and directed to enter into any
agreements with local project sponsors necessary to facilitate a regional grant
application, project, and administration, including disbursement of funds of funds it
receives from DWR to local project sponsors as appropriate and consistent with any
grant agreements and amendments with DWR.
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DocuSign Envelope ID 95C910C2r1RC4-409F-BAB2- DF1724AB847
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Board of Directors of the Alameda County Flood Control and Water Conservation District, Zone
7, at the meeting held on November 16, 2022, motion by Director Ramirez Holmes and
seconded by Director Benson, motion passed by the following vote:
AYES: DIRECTORS BENSON, FIGUERS, GAMBS, GREEN, PALMER, RAMIREZ HOLMES,
SANWONG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Attest:
6ocuSignrcd by:
OF:iBa�.
Sarah Palmer
President, Board of Directors
DociS-iguwd by:
PtAlta
Donna Fabian
Board Secretary
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Grant Agreement No. 4600015378
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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
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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
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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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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.orq.
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.qov/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.qov/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.qov/waterdatalibrarv/.
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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
Proiect Files:
1. All supporting documentation maintained in the project files.
2. All Grant Agreement related correspondence.
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EXHIBIT I
Grant Agreement No. 4600015378
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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.AII 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
Grant Agreement No. 4600015378
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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
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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?
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EXHIBIT M
Grant Agreement No. 4600015378
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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.
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Attachment 2: LPS Resolution
Placeholder for LPS's Resolution authorizing execution of this agreement.
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Attachment 3
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE PURCHASE OF IRRIGATION CONTROLLERS FROM SITEONE
LANDSCAPE SUPPLY, LLC
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7 (Zone
7) submitted a grant application to the State of California Department of Water Resources (DWR)
Urban Community Drought Relief Program in November 2022 and included proposals from
several local project sponsors in the Livermore-Amador Valley, including the City of Dublin; and
WHEREAS, in June 2023, DWR awarded Zone 7 $2,242,500 of grant funds, which includes
$1,380,000 in grant funds for the City of Dublin Irrigation System Upgrades project; and
WHEREAS, the City of Dublin Irrigation System Upgrades project includes the purchase
and installation of irrigation controllers; and
WHEREAS, SiteOne Landscape Supply, LLC, is a local distributor of The Toro Company
products and services, including irrigation controllers needed for the Irrigation System Upgrades
project; and
WHEREAS, Section 2.36.100 (B)(9) of the Dublin Municipal Code allows for exceptions to
the typical public bidding process when the City is able to procure items from a competitive bid
process administered by another public agency; and
WHEREAS, The Toro Company has a valid contract with Sourcewell, attached hereto as
Exhibit A, which meets the Municipal Code provision for a publicly bid agreement; and
WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval
of purchased items with a cost greater than or equal to $45,000; and
WHEREAS, the cost of supplying irrigation controllers and related appurtenances under
the cooperative purchasing agreement from SiteOne Landscape Supply, LLC will not exceed
$650,000 for the Irrigation System Upgrades, CIP No. G10224.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager to purchase The Toro Company irrigation controllers and
related irrigation equipment from authorized distributor SiteOne Landscape Supply, LLC, in an
amount not to exceed $650,000, under a purchasing contract publicly bid by Sourcewell, attached
hereto as Exhibit A to this Resolution.
{Signatures on the following page}
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 1 of 2
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PASSED, APPROVED AND ADOPTED this 6th day of February 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 02/06/2024 Page 2 of 2 73
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Attachment 4
031121-TTC
Sourcewell
Solicitation Number: RFP #031121
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and The Toro Company, 8111 Lyndale Avenue South, Bloomington, MN
55420 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to federal,
state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Grounds Maintenance Equipment, Attachments, and
Accessories with Related Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires April 30, 2025, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional
one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this
Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor
may offer close-out or refurbished Equipment or Products if they are clearly indicated in
Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended for the duration of
Vendor's written warranty for such item. Other than the warranties in this paragraph and
Vendor's express written warranty for its product, Vendor expressly disclaims all other
warranties, express or implied. Vendor agrees to work with its dealers and distributors to assist
the Participating Entity in reaching a resolution in any dispute over warranty terms with the
manufacturer. Any manufacturer's warranty that is effective past the expiration of the
Vendor's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will
make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers,
distributors, and/or resellers relative to the Equipment, Products, and Services related to this
Contract. This list may be updated from time -to -time and is incorporated into this Contract by
reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current
version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's
Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Vendor must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally
delivers substandard or inferior Equipment or Products. In the event of the delivery of
nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon
as possible and the Vendor will replace nonconforming Equipment and Products with
conforming Equipment and Products that are acceptable to the Participating Entity.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax -
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Contract Administrator. This form is available
from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change;
• Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
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• Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment
to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity's
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Vendor understands that a Participating
Entity's use of this Contract is at the Participating Entity's sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government -
owned facilities, including schools. Vendor's employees and agents must conduct themselves in
a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating
Entity issues a purchase order, it may use its own forms, but the purchase order should clearly
note the applicable Sourcewell contract number. All Participating Entity orders under this
Contract must be issued prior to expiration of this Contract; however, Vendor performance,
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Participating Entity payment, and any applicable warranty periods or other Vendor or
Participating Entity obligations may extend beyond the term of this Contract.
Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will
be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of
any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Vendor, such as job or industry -specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entitles may require the use of a
Participating Addendum; the terms of which will be worked out directly between the
Participating Entity and the Vendor. Any negotiated additional terms and conditions must
never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements (such as e-commerce specifications,
specialized delivery requirements, or other specifications and requirements) not addressed in
this Contract, the Participating Entity and the Vendor may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity's requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to
between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and
• Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, supply issues, customer issues, and any other
necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract
sales activity report (Report) to the Sourcewell Contract Administrator assigned to this
Contract. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
• Customer Name (e.g., City of Staples Highway Department);
• Customer Physical Street Address;
• Customer City;
• Customer State/Province;
• Customer Zip Code;
• Customer Contact Name;
• Customer Contact Email Address;
• Customer Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number;
• Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Vendor may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
by Participating Entities under this Contract during each calendar quarter. Payments should
note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be
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mailed to the address above "Attn: Accounts Receivable" or remitted electronically to
Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract's expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's
Authorized Representative changes at any time during this Contract, Vendor must promptly
notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or
obligations under this Contract without the prior consent of the parties and a fully executed
assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not
waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between
Sourcewell and Vendor. No other understanding regarding this Contract, whether written or
oral, may be used to bind either party. For any conflict between the attached Proposal and the
terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
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F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master -servant, or principal -agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their
agents and employees, harmless from any claims or causes of action, including injury or death
to persons or property and attorneys' fees, alleged to have been caused by some defect in the
Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or
Service has been used according to its specifications and operating instructions.
12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must
immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond
to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and
license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell's relationship with
Vendor.
b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and
license to use Vendor's Trademarks in advertising and promotional materials for the
purpose of marketing Vendor's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to its and their respective distributors, marketing
representatives, and agents (collectively "Permitted Sublicensees") in advertising and
promotional materials for the purpose of marketing the Parties' relationship to Participating
Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective
sublicensees.
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3. Use; Quality Control.
a. Sourcewell must not alter Vendor's Trademarks from the form provided by
Vendor and must comply with Vendor's removal requests as to specific uses of its
trademarks or logos.
b. Vendor must not alter Sourcewell's Trademarks from the form provided by
Sourcewell and must comply with Sourcewell's removal requests as to specific uses
of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party's Trademarks only in good faith and in a dignified manner consistent
with such party's use of the Trademarks. Upon written notice to the breaching party,
the breaching party has 30 days of the date of the written notice to cure the breach
or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its
Participating Entities against any and all suits, claims, judgments, and costs instituted or
recovered against Sourcewell or Participating Entities by any person on account of the use
of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor
in violation of applicable patent or copyright laws.
5. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed
catalog of vendors which may be used until the next printing). Vendor must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Vendor individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator
assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its
breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls,
Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party's reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both
Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
remainder of this Contract is capable of performance, it will not be affected by such declaration
or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Vendor will jointly develop a short briefing document that describes the
issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher
level of management. A Party will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Vendor must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Vendor fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result
of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party
claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non -defaulting
party may:
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at
all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office ("ISO") Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products -completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products -Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor
will maintain insurance covering all owned, hired, and non -owned automobiles in limits
of liability not less than indicated below. The coverage must be subject to terms no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or
equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella
coverage over Workers' Compensation, Commercial General Liability, and Commercial
Automobile.
Minimum Limits:
$2,000,000
Failure of Vendor to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish
to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by
a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide
certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Vendor's commercial
general liability insurance policy with respect to liability arising out of activities, "operations," or
"work" performed by or on behalf of Vendor, and products and completed operations of
Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
insurance applicable to the Vendor or its subcontractors. The waiver must apply to all
deductibles and/or self -insured retentions applicable to the required or any other insurance
maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require
similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self -insured retention.
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19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in
writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Vendor certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Vendor further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require
additional requirements based on specific funding specifications. Within this Article, all
references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor's Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and implementing
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regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Vendor must be in
compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Vendor certifies that during the term of an
award for all contracts by Sourcewell resulting from this procurement process, Vendor must
comply with applicable requirements as referenced above.
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D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that "funding agreement," the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. Vendor
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor
certifies that during the term of this Contract will comply with applicable requirements as
referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file
any required certifications. Vendors must not have used federal appropriated funds to pay any
person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures
required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. §
1352).
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H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this
Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right
also includes timely and reasonable access to Vendor's personnel for the purpose of interview
and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60
days' written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Vendor's Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service
obligations incurred or accrued prior to cancellation.
Rev. 10/2020 16
89
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
031121-TTC
Sourcewell
DocuSigned by:
.may Sa/,
By:
COFD2A139D06489...
Jeremy Schwartz
Title: Chief Procurement Officer
4/28/2021 1 12:24 PM CDT
Date:
Approved:
DocuSigned by:
,iza CONAME-
7E42B8F817A64CC...
By:
Chad Coauette
Title: Executive Director/CEO
4/29/2021 1 4:31 PM CDT
Date:
The Toro Company
DocuSigned by:
f ral tkounil(bin,
By:
1/4*-4B4574B1E1E54C4...
Brad Hamilton
Title: Group VP
Date:
4/29/2021 1 4:07 PM CDT
Rev. 10/2020 17
90
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
RFP 031121 - Grounds Maintenance Equipment, Attachments, and
Accessories with Related Services
Vendor Details
Company Name: The Toro Company
Does your company conduct
business under any other name? If Toro
yes, please state:
8111 Lyndale Avenue South
Address:
Bloomington, MN 55420
Contact: Jon Stodola
Email: jon.stodola@toro.com
Phone: 612-597-3224
Fax: 612-597-3224
HST#: 41-0580470
Submission Details
Created On: Tuesday January 26, 2021 08:26:53
Submitted On: Wednesday March 10, 2021 16:49:38
Submitted By: Jon Stodola
Email: jon.stodola@toro.com
Transaction #: a9949e16-696c-4bd0-8278-1f0375b1ebb6
Submitter's IP Address: 76.113.144.182
Bid Number: RFP 031121 Vendor Name: The Toro Compan91
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Specifications
Table 1: Proposer Identity & Authorized Representatives
General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely
attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if
the question does not apply to you (preferably with an explanation).
Item
Question
Response*
1
Proposer Legal Name (and
applicable d/b/a, if any):
The Toro Company *
2
Proposer Address:
8111 Lyndale Avenue South *
Bloomington, MN 55420
3
Proposer website address:
www.toro.com *
4
Proposer's Authorized
Representative (name, title,
address, email address & phone)
(The representative must have
authority to sign the "Proposer's
Assurance of Compliance" on
behalf of the Proposer and, in the
event of award, will be expected
to execute the resulting contract):
Brad Hamilton, Group VP
8111 Lyndale Avenue South
Bloomington, MN 55420
952-887-8815
Brad.Hamilton@toro.com *
5 Proposer's primary contact for this Jon Stodola, Government Contracts Manager
proposal (name, title, address, 8111 Lyndale Avenue South
email address & phone): Bloomington, MN 55420 *
612-597-3224
Jon.Stodola@toro.com
6
Proposer's other contacts for this
proposal, if any (name, title,
address, email address & phone):
N/A
Table 2: Company Information and Financial Strength
Line
Item
Question
Response*
Bid Number: RFP 031121 Vendor Name: The Toro Compan92
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
7 Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
8
What are your company's expectations in the
event of an award?
9 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
The Toro Company is proud of its legacy of quality and innovation. Founded in
1914 to build tractor engines for The Bull Tractor Company, the company survived
the tumultuous years of World War I by building steam steering engines for
merchant ships to support the war effort. In 1920, Toro entered the turf industry
when it mounted five reel mowers to the front of a Toro tractor to cut the fairways
at The Minikanda Club in Minneapolis.
We take pride in our responsibility to employees, customers, shareholders and the
environment. Since 1914, we have cultivated our reputation around trusted
relationships and constant innovation to help anticipate the future needs of our
customers. At the same time, we are building on a tradition of excellence around a
number of strong brands to help customers care for golf courses, professional
contractors, underground construction professionals, groundskeepers, agricultural
growers, rental companies, government and educational institutions, and
homeowners — in addition to many leading sports venues and historic sites.
Over the years, we have strengthened our position as a leading worldwide provider
of turf and landscape maintenance equipment, and precision irrigation solutions due
in large part to a strong network of distributors, dealers and retailers in more than
125 countries around the world.
The Toro Company's Commercial Division employs 14 Regional and District Sales
Managers that call directly on customers and Distributors. These resources are
located in Arizona, California, Connecticut, Florida, Massachusetts, Montana,
Minnesota, Ohio, Virginia, and Ontario Canada.
Most customer activity for the Commercial Division products will be with our
distributor's sales force of approximately 200 Outside Sales representatives. The
resources are located in every state except Alaska. We also have a network of
hundreds of Landscape Contractor and Siteworks Systems dealers throughout the
US and Canada.
All of Toro's Commercial products are shipped from our warehouse in Tomah,
Wisconsin to distribution. Distributors' facilities range in size depending on the
services offered at the facility such as sales, service, parts, etc. Toro's Commercial
Channel of distributors have over 100 offices nationally ranging in size from 10,000
square feet to 150,000 square feet.
Our Purpose: To help our customers enrich the beauty, productivity, and sustainability
of the land.
Our Vision: To be the most trusted leader in solutions for outdoor equipment. Every
day. Everywhere.
Our Mission: To deliver superior innovation and to deliver superior customer care.
For more information, visit www.toro.com.
Our expectation is that customers will use the Sourcewell value -based contract to
purchase Toro and related equipment, in order to achieve their goals of creating
and maintaining outstanding grounds and landscapes.
We also expect our dedicated distributor/dealer network to support Sourcewell
members with superior customer service that aligns with our corporate mission. In
doing so, we expect to develop new relationships with Sourcewell members and
incrementally grow our sales of Toro and related equipment to government and
education customers.
The Toro Company continues to strengthen our position as a leading worldwide
provider of innovative solutions for the outdoor environment, including turf, snow,
irrigation, and ground -engaging equipment.
Through a strong network of professional distributors, dealers, and retailers in more
than 125 countries, we proudly offer a wide range of products across a family of
global brands to help golf courses, professional contractors, agricultural growers,
rental companies, government and education institutions, and homeowners achieve
their goals.
For fiscal year 2020, The Toro Company achieved nearly $3.4 billion in net sales (a
7.7% increase over fiscal year 2019), and $327.7 million in net earnings. See the
attached (The Toro Company_Fourth-Quarter and Full -Year Fiscal 2020 Results) for
more details.
In addition, attached is a summary of Toro's financial condition according to Dunn &
Bradstreet (Attachment: BnBi THE TORO COMPANY Feb 19 2021 (002).pdf)
Bid Number: RFP 031121 Vendor Name: The Toro Compan93
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
10
What is your US market share for the
solutions that you are proposing?
Toro is not able to divulge that information.
11
What is your Canadian market share for the
solutions that you are proposing?
Toro is not able to divulge that information.
12
Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
No.
13 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
The Toro Company would best be described as a manufacture.
As such, Toro utilizes our channel partners (distributors/dealers) to provide service
and support to our end -user customers.
For our Commercial Division, which makes up approximately 90% of our
Government Contracts business, we have 26 distributors throughout the United
States and Canada with many satellite offices to meet your needs. They have
protected territories which allows them to make significant investments in their
facilities and people to support the equipment and services they provide. Our
distributors and dealers handle the sales, order processing, fulfillment, billing, and all
service work associated with Toro products.
BOSS Snowplow provides sales and service support through 228 Distributors in the
United States and Canada. Within a Distributor protected sales territory they also
set up a network of Dealers to quickly and effectively service the customer. Our
Distributors and Dealers handle all aspects of the customer experience including
sales, ordering, registration, installation, service, and warranty. The attached list of
228 Distributors will provide information on their location, contact, and which BOSS
Products they are qualified to support. The BOSS Technical Service and Customer
Service Departments provide factory support and training to all Distributors and
Dealers and we pride ourselves on providing World -Class service to all levels of
customer. Feedback from or Customers and Dealers allows BOSS to continuously
improve our product. We communicate these improvements through Service Bulletins,
Training Videos, Technical Manuals, and Web -based training.
Similar to BOSS, Toro's LCE, SWS, and RESCOM Irrigation divisions provide
service and support through a combined network of more than 5,500
dealers/distributors, throughout the United States and Canada.
For a complete list of Distributors and Dealers, please reference the attached file
(Toro Distributor_Dealer List 2021).
14
If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Toro products are designed and built to comply with all applicable voluntary safety
and environmental standards, including ISO standards, CE standards, and exhaust
and evaporative standards set by the US Environmental Protection Agency (EPA),
California Air Resources Board (GARB), and the European Union. Toro products are
also tested and certified by outside laboratories to comply with EMC (electro-
magnetic compatibility) regulatory arrangements.
The Toro Company holds a Dealer License (wholesaler) from the State of
Minnesota, a Business License from the State of Washington, a manufacturer
license from the Arizona Department of Transportation, and a license as a
Recreational Product Manufacturer from the Louisiana Motor Vehicle Commission. In
addition, The Toro Company is authorized to conduct business in the following
states, as well as being incorporate in Delaware: California, Colorado, Florida,
Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Nebraska,
Pennsylvania, Rhode Island, Tennessee, Texas, and Wisconsin.
Toro distributors and dealers also have the proper licenses and registrations to
conduct business in the states/provinces in which they operate.
In an effort to achieve our vision of becoming the most trusted leader in solutions
for outdoor equipment, Toro requires each of our direct employee and distributor
salespeople to complete an extensive and ongoing training program called TSPC
(Toro Sales Professional Certification) that focuses on ethical selling practices and
professional sales management. We are unique in our industry in requiring this
certification of professional standard.
15
Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
Toro has not been under any suspension or disbarment within the past ten years.
Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
Response"
Bid Number: RFP 031121
Vendor Name: The Toro Compan94
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
16 Describe any relevant industry awards or a) Heavy Equipment Guide, Top Product in 2020: The Toro e-Dingo
recognition that your company has received Small machines that rental houses and contractors want for versatile use both
in the past five years indoors and outdoors and in areas with noise and emissions reduction needs are
the perfect proving ground for electric equipment. Toro's first electric Dingo, the
wheeled e-Dingo 500, is a small machine delivering environmentally friendly
performance both indoors and outdoors, and we look forward to seeing more
electric compact equipment like it in the coming years.
17
What percentage of your sales are to the
governmental sector in the past three years
b) Innovative Iron Awards, 2020 — The Toro e-Dingo
Selected as a "game -changer" for its zero emissions and lithium -ion battery.
c) Rental Equipment Register (RER) — The Toro e-Dingo received the following
Innovative Product Awards: Winner in the Earthmoving category, and Silver winner in
Overall.
d) Rental Magazine 2020 Editor's Choice Award - The Toro e-Dingo.
The Rental 2020 Editor's Choice Awards represent the equipment rental industry's
best products gaining interest from end -users and rental professionals alike.
Rental's editorial staff chose products based on several factors including innovation,
utility for the rental market, and audience engagement online at
ForConstructionPros.com/Rental
e) Innovative Iron Awards, 2019 — The Toro TRX Trencher
Selected one of the most innovative products in the equipment classes include all
compact equipment, including skid steers, mini excavators, backhoes, telehandlers,
tractors, aerial lifts, UTVs, and components like engines, hydraulics, and software.
f) Green Industry Pros, Editor's Choice Award, 2019 — The Toro TRX Trencher
Chosen for Innovation, Dependability, Audience engagement online at
GreenlndustryPros.com, and from end -users and landscape professionals alike.
g) Heavy Equipment Guide, Top Product in 2020: The Toro Dingo TXL 2000
As the industry's biggest ride -on utility loader, Toro's Dingo TXL 2000 fits into a
smaller class of equipment but has the capability of small skid steers or compact
track loaders.
h) The Toro Company received the AE50 award for our innovative engineering of
the NEW Toro Outcross in Feb. 2019. Awards are presented at ASABE's annual
Agricultural Equipment Technology Conference (AETC). The award -winning products
are also highlighted in a special issue of ASABE's Resource magazine and given
by the American Society of Ag and Biological Engineers.
i) The Toro Company is the leading "smart" irrigation products manufacturer, having
receiving multiple accolades and awards from the Irrigation Association®, EPA, and
others, for their innovative and water -efficient products. Some examples of unique
Toro irrigation products include PrecisionTM Series Spray Nozzles with patented
oscillating stream technology that delivers water savings of up to 35 percent when
compared to competitive fixed spray nozzles; the T5 RapidSet® 3/d' gear -driven
rotor and its patent -pending tool -free arc adjustment feature; the cutting -edge
EVOLUTION® Series irrigation controller and its multiple wireless add -on devices
that enable performance advances, such as web connectivity, soil moisture sensing,
and automatic weather -based schedule adjustments; and a full line of drip irrigation
products, such as DL2000TM dripline and its patented ROOTGUARD® technology
that allows it to be buried below ground to virtually eliminate the water waste seen
through evaporation and runoff.
j) The Toro GrandStand MULTI FORCE was a new product award winner in the
May/June 2016 issue of Landscape and Irrigation's "Twenty for 2016 New Product
Awards". The award recognizes the GrandStand MUTLI FORCE as one of the
standout new products to hit the market in 2016, based on innovation and
application within the market. Endure
k) The Toro Company received the Gold Medal for Innovation, awarded to the Toro
Reelmaster 5010-H at demopark+demogolf 2015.
As we are a publicly -traded Company, Toro considers information about our
customers confidential. However, below is a representation of The Toro Company
revenue for fiscal year 2020 by market segment and geographic location.
Net Sales By Segment: Professional 75% / Residential 24% / Other 1 %
Net Sales By Product: Equipment 88% / Irrigation 12%
Net Sales By Geographical Location: US 80% / International 20%
18 What percentage of your sales are to the As we are a publicly -traded Company, Toro considers information about our
education sector in the past three years customers confidential.
Bid Number: RFP 031121 Vendor Name: The Toro Compan95
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
19 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
20 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Table 4: References/Testimonials
a) NASPO ValuePoint Contracts - AK, HI, KS, KY, ME, MO, NE, NM, RI, SD, VA,
VVI
b) Toro held State Contracts - AR, DE, NY, OH
c) Toro Distributor held State Contracts - CA, GA, IA, IL, LA, MA, MD, MN, MS,
NC, OK, OR, PA, SC, TN, UT, WA
d) Cooperative Contracts - OMNIA Partners, Kinetic GPO
As we are a publicly -traded company, the detailed sales information you are
requesting is considered confidential.
a) GSA Contract : GS-06F-0012R — Schedule 51v - Kansas City
b) GSA Contract : GS-07F-5432R — Schedule 78 — Philadelphia
As we are a publicly -traded company, the detailed sales information you are
requesting is considered confidential.
Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Ramsey County Parks - Goodrich Golf
Course
City of Minneapolis Parks and Recreation
Department
City of Lakeville Parks
Contact Name *
Charlie Miller, Superintendent
Dale Walker, Fleet Manager
Mark
Kruse, Supervisor
Table 5: Top Five Government or Education Customers
Phone Number*
651-784-2500
612-313-7772
952-985-2720
Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional),
including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar
volumes from the past three years.
Entity Name
Entity Type * State /
Province *
Scope of Work *
Size of Transactions *
Dollar Volume Past Three
Years *
Confidential Government California - CA Golf, Turf & Landscape Various mix of mowers, $5M - $6M
Equipment & Irrigation vehicles, specialty
equipment, and irrigation
components valuing $500-
$600K
Confidential Government California - CA Golf, Turf & Landscape Various mix of mowers, $3M-$4M
Equipment & Irrigation vehicles, specialty
equipment, and irrigation
components valuing $300-
$600K
Confidential Government Nevada - NV Golf, Turf & Landscape Equipment Various mix of mowers, $2.5M-$3M
vehicles, specialty
equipment valuing $350-
$850K
Confidential Government Wisconsin - WI Golf, Turf & Landscape Equipment Various mix of mowers, $2.5M-$3M
vehicles, specialty
equipment valuing $250-
$400K
Confidential Government Colorado - CO Golf, Turf & Landscape Equipment Various mix of mowers, $1 M-$1.5M
vehicles, specialty
equipment valuing $150K-
$1M
Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number
of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third
party), and any overlap between the sales and service functions.
Bid Number: RFP 031121 Vendor Name: The Toro Compan96
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Line Question
Item
Response *
23 Sales force.
Toro has a national sales team of more than 50 Regional and District Sales
Managers that represent our Commercial, Landscape Contractor, Irrigation, Siteworks
Systems, and BOSS products across the United States and Canada. These
representatives are assigned to various distributors and dealers to provide training,
programming, and strategy for initiatives such as this one with Sourcewell.
24
Dealer network or other distribution
methods.
Most of our distributors and dealers are privately -owned companies that are the
connection between Toro and the end -user customer. The sales managers of these
companies will manage a team of representatives responsible for selling and
marketing Toro products. Every area of the United States and Canada has a
representative assigned for sales coverage from one of our distributors/dealers. We
have included a listing of these distributors/dealers with this proposal. See
Distributor Dealer List 2021 attached.
All of Toro's Commercial products are shipped from our warehouse in Tomah,
Wisconsin to distribution. Distributors' facilities range in size depending on the
services offered at the facility such as sales, service, parts, etc. Toro's Commercial
Channel of distributors have over 100 offices nationally ranging in size from 10,000
square feet to 150,000 square feet.
In addition, Toro has thousands of local dealers that represent Landscape Contractor
products, Irrigation, Siteworks Systems, and Boss snow removal equipment throughout
the US and Canada.
25 Service force.
Toro utilizes our channel partners to provide service and support to our end -user
customers. For our Commercial division, we have 26 distributors in the United States
and Canada with many satellite offices to meet your needs. All distributors maintain
a service parts fulfillment operation and carry A, B, and C moving parts to ensure
they are positioned to respond to their customer service needs. Additionally, they
also maintain service facilities staffed with full-time technicians to provide services in
the area to meet Toro's service level objective of 9+ in Overall Satisfaction. They
have protected territories which allows them to make significant investments in their
facilities and people to support the equipment and services they provide.
The Toro Company provides on -going technical training (on-line and in -person) to our
channel partners ensuring the service technicians have the technical knowledge and
aptitude to support advanced technology. The Toro company also provides
centralized and advanced technical assistance and support to our distributor
operations teams. This includes troubleshooting equipment issues, providing updates
to equipment, issuing service bulletins, working through warranty issues, implementing
performance standards and measurements, providing on -site support when needed for
product quality concerns, and developing action plans for improvement. We have
processes in place to help our channel partners exceed the needs of our customers
developed through our 100 years of experience. These include monitoring our
customers opinion of their service experience and developing improvements as
necessary to achieve Customer Satisfaction Index scores above 9.
26
Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
The Toro Commercial Customer Care group operates a Voice of Customer program
in North America that focuses on the end -customer service experience. Commercial
distributors provide Toro their completed customer repair orders for the week or
month then Toro contracts an independent 3rd party to complete customer experience
surveys. The insights gained are used to correct processes and provide additional
resources as we collectively strive to maintain a 9+ overall customer satisfaction
index, which is above industry standard. See attached labeled (Question 26)
Graphs) for rolling 12-month performance. These metrics along with additional
operational metrics are factored into a distributor's overall annual performance rating
which has specific incentives tied to it.
Distributor response time:
Response time is dependent on many factors but generally, our distributor partners
respond to a customer call or email immediately and determine an agreeable time to
service the equipment. Most distributors have field service capabilities that allow
service work at the customers site. Toro Commercial Customer Care measures our
distributor on two performance metrics specific to service repair turnaround time and
their ability to respond and repair a customer service issue in 6 calendar days or
less.
Bid Number: RFP 031121 Vendor Name: The Toro Compan97
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
27 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
28
Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
29 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
30
Identify any Sourcewell participating entity
sectors (i.e., government, education, not -for -
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
31 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
As described in response to our reach and capabilities, Toro has the ability to fully
support the needs (products and service) of public agencies throughout the US.
As independent companies, our distributors/dealers have the ability to choose whether
or not they participate in the Sourcewell agreement. However, Toro strongly
encourages our distributors/dealers to participate in the Sourcewell agreements and
provides financial support for those who do. Furthermore, most of our dealers and all
of our Commercial distributors see the value of simplifying the buying process and
encourage their customers to use the agreement.
As described in response to our reach and capabilities, Toro has the ability to fully
support the needs (products and service) of public agencies throughout Canada.
As independent companies, our distributors/dealers have the ability to choose whether
or not they participate in the Sourcewell agreement. However, Toro strongly
encourages our distributors/dealers to participate in the Sourcewell agreements and
provides financial support for those who do. Furthermore, most our distributors/dealers
see the value of simplifying the buying process and encourage their customers to
use the agreement.
Toro has the ability to serve all geographic areas in the US and Canada through our
distributor and dealer networks.
Toro ihas the ability to serve all participating entity sectors in the US and Canada
through our distributor and dealer networks.
Participating entities in Hawaii, Alaska, US Territories, and Canada may be subject
to additional freight charges. Any additional freight charges would be provided prior
to purchase as a pass -through cost and included in the customer quote.
Due to a difference in the buying structure and fluctuation in the US/Canada
exchange rate, a separate price structure will be established for Canadian customers.
Please reference pricing documents for details.
Bid Number: RFP 031121 Vendor Name: The Toro Compan98
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Table 7: Marketing Plan
Line
Item
Question
Response*
32 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
a) The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel
partners, endorsed by the executive sponsor Grant Young, General Manager, Commercial
announcing the new award which will be incorporated into the Commercial Division
Program Manual used by distribution. Additionally, Toro University hosts monthly webcasts
and other training events where the contract will be discussed. We have been training and
implementing government contracts with our distributor and dealer partners for many years.
If we are awarded the Sourcewell contract, we will continue to employ many different
techniques to provide training. Initially, we will train the Toro sales and marketing team
responsible for this implementation. We will provide PowerPoint presentations to our
distributors/dealers that are co-authored by Toro and Sourcewell. We will implement
individual conference calls by distributor to review the contract, discuss the benefits to the
customer and the distributor, and answer questions.
b) The Toro sales and marketing team will make sales calls with our channel partners to
our end users to discuss this contract and sign up new users. Our marketing department
will create specific documents that provide our distributors and customers with an overview
of the contract and the benefits to them. These marketing pieces will be made available
to all of our distributors and will be used at local and national trade shows. As part of
the ongoing training process, Toro representatives will drive participation in local and
regional trade shows and conferences with our distributors where we model the selling of
this contact to customers.
c) We will continue to train our sales force and engaging the resources we need to
assure the success of this contract.
See the attached (Toro Marketing Samples) file for examples.
33
Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
The Toro Company uses a variety of technologies to communicate with customers and to
deliver relevant and meaningful content in a timely fashion. The goal of these Marketing
initiatives ranges from driving basic awareness of our brand and products to driving
increasing levels of engagement relating to learning about the features, advantages, and
benefits of each product we sell. From websites, eNewsletters, email messaging, and
videos to Social Media postings and beyond, Toro uses a wide range of tools — digital
and analog - to generate interest in and drive leads to our distributor channel partners
who sell and support our products locally.
34 In your view, what is Sourcewell's role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
a) The Toro Company's expectations of Sourcewell's role in promoting the contract would
include; jointly publishing a press release announcing the award, deployment of an eBlast
to the Sourcewell membership announcing the new contract, and/or announcing it on the
Sourcewell social media channels, updating The Toro Company contract on the Sourcewell
website, and that Sourcewell would promote the contract at the appropriate industry trade
shows and forward any inquires directly about The Toro Company to Toro in order for The
Toro Company to convert that inquire into a sale.
b) Regarding the integration into our sales process, and beyond those referenced in
response to question (32), Toro has made the Sourcewell agreement a standard part of
our onboarding training for internal and distributor/dealer personnel. As part of our
discovery process with government and non-profit agencies, we are identifying and
encouraging the use of the Sourcewell agreement. Our distributors/dealers see the value of
the Sourcewell agreement for their organization by simplifying the buying process, and for
their customers (end -users) by offering competitive pricing and simplifying the buying
process on their end. A Toro/Sourcewell co -branded flier is used to highlight the benefits
of the agreement and used by distributor/dealer personnel during customer calls and
industry events. See the (Toro Marketing Samples) attachment for an example of the co -
branded flyer.
35
Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
No
Table 8: Value -Added Attributes
Line
Item
Question
Response *
Bid Number: RFP 031121
Vendor Name: The Toro Compan99
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
37 Describe any technological
advances that your proposed
products or services offer.
All new and used equipment delivered to the customer includes one-on-one or group
training provided by the salesperson and service staff. Their distributor salesperson can
discuss these offerings as they are made available by The Toro Company. Local training is
offered by each of our distributors and the educational content varies depending on the end
user's needs. Group training may be offered as well. Dates and cost of training vary from
year to year. Certificates of completion are issued to each attendee after completion of
training classes.
Operator safety training for all products are offered: online at Toro.com and a digital
operator manual is provided with each new piece of equipment.
Safety Video:
https://www.toro. com/en/customer-su pport/ed ucation-and-tech-reference/operator-training
The Toro Company also offers in-depth factory training at a reasonable cost to the end -user.
This training takes place at Toro's World Headquarters in Bloomington, MN. The dates vary
year by year. Topics include the following:
- Cutting Unit Technology: Cutting unit set-up and adjustments
Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting, and testing
Tier4 Engine Systems: Overview of why and how they work
Spray Systems: Components, operation, and calibration
Toro Reel Cutting Units: How they really work
Open forum with engineering and other product experts
Diagnostics, InfoCenters, and more!
Additional training and reference materials found on Toro.com or in myTurf@toro.com
* = Toro exclusive features
GR3360/3370
Greensmaster eTriFlex models carry no hydraulic fluid and utilize all -electric components for
traction, steering, lift, and cutting.
- All -Electric Traction, Steering, Lift & Reel Control — No onboard hydraulic fluid eTriflex
Models:
- Engine/Generator Model, with Battery Assist Technology and up to 20% fuel savings.
Constant 2,400 rpm and shrouded engine for amazingly quiet operation
Lithium -Ion Battery Model, 48-Volt virtually silent operation
* Radius Dependent Speed (RDS) System for Optimal Perimeter Cut
Advanced Cutting Performance
o Double A -Arm * plus Link -System Suspension for superior contour -following
o * Industry -leading FIexTM technology and DPA cutting units for easy adjustment and
precision
o * Lift -In -Turn feature combined with RDS provides a consistent cleanup cut
Highly Productive and Versatile
o * "Slow -in -Turn" feature minimizes turf scrubbing that can occur during turn arounds
o * Tool -Free, Quick -Change cutting units
o * Lift -Gate Footrest for easy access to the center cutting unit
Greensmaster Walk greens mowers (flex & fixed head)
- * Flex Suspension with proven Dual Precision Adjustment (DPA) Cutting Unit
technology
Multiple, easy to configure clip rate settings
* Telescoping loop handle design with combined operational and safety bail
- Operational bail allows slowing down or a complete stop in tight turns without
disengaging traction
- * Rubber -mounted handle to reduce oscillation motion from walking for cutting
consistency
No greasing requirement and modular designs for labor-saving maintenance
Excellent balance for superior tracking and easy turnaround
* Tool -free cutting unit removal
Toro exclusive PX Hydraulic Fluid is another great innovation from Toro. This new premium
hydraulic fluid performs better and lasts longer than conventional fluids. This means your
equipment will run more smoothly and require fewer hydraulic fluid changes saving you time
and money — up to 71%. Most 2019 and newer Toro commercial equipment come factory
filled with Toro PX Hydraulic Fluid and have change intervals twice as long as
previously...up to 2000 hours!
EdgeSeries Reels+TM replacement reels take performance to the next level with bearings
and seals already installed on the reel. Available for Toro riding and walk Greensmaster®
and Reelmaster® mowers, EdgeSeries Reels+ are designed for longer life with less
maintenance —all while delivering a phenomenal quality of cut.
myTurf Pro is a powerful and easy -to -use, application that seamlessly connects your assets
and your maintenance program, regardless of brand. Provide your team with the tools to
become more efficient by automating routine tasks, easily ordering parts, managing
Bid Number: RFP 031121
Vendor Name: The Toro Comp 100
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
maintenance assignments, and tracking task completion. "At a glance" overviews keep you
informed of asset status.
Toro Genuine Parts
Reliability — Most local distributors deliver parts within 24 hours. Toro backs this promise
with 48-hour delivery support
Toro MVP kits - Toro provides Maintenance Value Performance (MVP) Kits for many
common maintenance jobs, including filter change kits, hydraulic hose replacement kits,
cutting unit overhaul kits, roller rebuild kits, and more. All the required parts are included in
a single package to make ordering and completing the job easier and less expensive.
Whether you are rebuilding rollers, replacing hydraulic hoses, or overhauling your cutting
units, Toro MVP Kits make it simple to order all the necessary parts for the job
DPA Cutting Units with all -new EdgeSeriesTM Reels for Improved Greens & Fairways -
EdgeSeries innovations include — longer -lasting - materials, even more precise
manufacturing techniques, and well -researched design changes to both the reel and bedknife
geometry that come together to provide an outstanding quality of cut with less maintenance.
Groundsmaster 3200/3300
The innovative tilt -up deck design making blade maintenance and deck cleaning simple.
Additionally, all engine maintenance points are easily accessible. Enhanced climbing and
hillside stability — CrossTrax all -wheel drive is based on the innovative Toro
Series/ParallelTM design. If one of the front tires begins to slip, power is transferred to the
opposite rear tire for optimum traction. Heavy-duty, 7-gauge steel decks with a front bullnose
and side bumpers paired with the industry's toughest spindle assembly for extended product
life. INFOCENTERTM CONTROL PANEL Real-time information delivered to the operator's
fingertips for ultimate control.
Outcross 9060
Don't mistake the Outcross 9060 for the agricultural tractors often found on golf courses
and sports fields. It is not a tractor! The Outcross 9060 does all the work of a tractor AND
a super -duty utility vehicle without the headaches often associated with operating each in
turf maintenance applications. Outcross's 4-wheel steering makes it highly maneuverable,
stable, and extremely turf -friendly. Its electronically -controlled traction drive and low center of
gravity help it traverse side hills and challenging terrain. The Outcross 9060 has a
hydrostatic drive system, eliminating the need for an operator who is proficient with the
complicated controls and shifting commonly associated with a traditional tractor. Simply
select forward or reverse, and drive! Pre-set parameters and programable "guardrails"
ensure the operator is productive while keeping them from operating outside the manager's
specifications. Simple one -action operation of complicated attachments, such as an aerator,
keeps the operator focused on the task at hand. Cruise control, shuttle shifting, a
passenger seat, and intuitive controls add to the ease -of -use and efficiency. Save money by
maintaining one machine instead of two or three. Spread fertilizer and seed more accurately
to reduce waste. With three-point, drawbar, bed, and loader capabilities, productivity comes
standard. Outcross owners can mow grass, spread fertilizer, load sand, haul a pallet of sod,
aerate, top dress, remove snow and ice, blow leaves, prune roots, spread seed, tow a
trailer, sweep a path, chop wood, and much, much more.
Bid Number: RFP 031121
Vendor Name: The Toro Comps 101
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
38 Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
39
Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
Sustainability is not a new concept for The Toro Company. It is deeply rooted in our
purpose - to help our customers enrich the beauty, productivity and sustainability of the land.
At our corporate website we have full details of our Sustainability initiative, which is more
comprehensive than a policy. Please see:
https://www.thetorocom pany. com/sustai nabi l ity/sustai nabi l ity-endures
Alternative power, smart -connected products, and autonomous technologies are important
areas of focus for us. For example, our Reelmaster0 5010-H and Greensmaster®
eTriFlexTM hybrid mowers provide fuel savings over comparable mowers, plus they reduce
noise levels and operating costs for our customers. In addition, the new e-Dingo is
designed to provide customers with the ability to work indoors with zero emissions and
lower noise pollution. We also recently established a new technology acceleration center,
which is designed to support our development of smart -connected technologies.
Key sustainability initiatives and accomplishments include:
• Deepening commitment to diversity, equity, and inclusion. In addition to designating DEI as
part of the formal responsibilities within Toro's human resources team, the company is
broadening the lens from workforce and workplace practices to seeking out synergies with
supplier management practices and philanthropic giving.
• Employee health and safety is a paramount value of Toro. Toro implemented a
comprehensive environmental, health and safety data management system to help drive
engagement and increased transparency for proactive safety performance. Toro saw
reductions in both its total recordable injury and lost workday rates during fiscal 2020.
• Impacting our communities and smallholder farmers in developing countries. As part of its
Land. Water. Thrive. philanthropic initiative and employee immersion experience, Toro
partnered with iDE to work with smallholder farmers in Honduras to better understand their
irrigation practices to help develop drip systems and water storage solutions that are
affordable, sustainable, and meet the needs of both growers and their communities.
• Continued focus on water stewardship. Toro was recognized by the U.S. Environmental
Protection Agency with the WaterSense Excellence Award for its dedication to water
management innovation and education, marking the fifth consecutive year that it has
received the prestigious award.
• Improving operational efficiency. Toro began its journey to implement a new energy
management system to better access site energy consumption and resource efficiency at its
production facilities. The new system provides real-time access to data with analytics to
identify key performance trends and opportunities for operational efficiency, as well as
energy and environmental impact reduction.
• Energy -efficient technologies. With a focus on energy efficiency and developing sustainable
solutions, Toro introduced several products to further expand its alternative power offerings.
Examples include a new line of 60V lithium -ion products for homeowners, the Greensmaster
eTriFlex hybrid riding greens mower, and the all -electric e-Dingo 500 compact utility loader.
• In Australia Toro refreshed its product packaging and received an "advanced" classification
in a recent audit of sustainable packaging activities undertaken by the Australian Packaging
Covenant, a government body.
• We participate in a "closed loop" recycling partnership in CA with Revolution Plastics; this
recycles our drip irrigation materials. In the first six months of the program, 381,000 pounds
of materials were recycled.
• Toro has replaced its printed operator manuals with online guides, in order to improve
comprehension and reduce paper usage.
• Our Hammerhead business introduced "Cured -in -Place Pipes" whereby aging pipes are
repaired with a revolutionary bluelight LED system. Repairing rather than replacing extends
the life of existing pipe networks and reduces overall landfill waste.
Other sustainability-related awards include:
- Wyland National Mayor's Challenge for Water Conservation Co -Sponsor
- Urban Park Innovation Award
- 2019 Everyday Hero Award
- ISO 14001:2004 compliant
The battery chargers we use for our electric products meet the California Energy
Commission (CEC) energy efficiency standards and are labeled with the "BC" mark. They
also meet the U.S. DOE and NRCAN energy efficiency standards.
Bid Number: RFP 031121
Vendor Name: The Toro Comp 102
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
40 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
41
The Toro Company does not qualify for a WMBE, SBE, or Veteran owned business.
However, most of our distributor/dealer partners are designated Small Businesses and
several are Woman and/or Minority owned.
Toro is unique in the breadth of products it can offer through its comprehensive
distributor/dealer network to Sourcewell members under this contract. Sourcewell members
will be able to obtain, from a single Toro distributor/dealer, utility vehicles, rotary mowers,
reel mowers, turf cultivation, walk -behind trenchers, ride -on vibratory plows, irrigation
products, synthetic turf grooming equipment, and a variety of turf renovation, tree care,
compaction, concrete, and masonry equipment. This wide range of products available from
a single dealer provides Sourcewell members that varying equipment needs with the extra
efficiency of working with a single, knowledgeable dealer.
As an organization, Toro is focused on providing and developing Turf specific products. Toro
is unique in its focus and support of the Turf Industry.
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure,
and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document
upload section of your response in addition to responding to the questions below.
Line
Item
Question
Response*
42 Do your
labor?
warranties cover all products, parts, and As a product owner, the Sourcewell member is responsible for required
maintenance and adjustments stated in the Operator's Manual. Failure to
perform required maintenance and adjustments can be grounds for
disallowing a warranty claim.
When a warrantable condition exists, an authorized Toro distributor or dealer
will repair the Product at no cost to the Sourcewell member, including
applicable diagnosis, labor, and parts, excluding the following:
- Product failures which result from the use of non -Toro replacement
parts, or from installation and use of add -on or modified non -Toro branded
accessories and products. A separate warranty may be provided by the
manufacturer of these items.
- Product failures which result from failure to perform recommended
maintenance and/or adjustments. Failure to properly maintain the Toro
product per the Recommended Maintenance listed in the Operator's manual
can result in claims for warranty being denied.
- Product failures which result from operating the Product in an abusive,
negligent, or reckless manner.
- Parts subject to consumption through use unless found to be defective.
Examples of parts that are consumed, or used up, during normal Product
operation include, but are not limited to, brake pads and linings, clutch
linings, blades, reels, rollers and bearings (sealed or greaseable), bed
knives, spark plugs, castor wheels and bearings, tires, filters, belts, and
certain sprayer components such as diaphragms, nozzles, and check valves,
etc.
- Failures caused by outside influence. Including, but not limited to,
weather, storage, practices, contamination, use of unapproved fuels, coolants,
lubricants, additives, fertilizers, water, or chemicals, etc.
- Failure or performance issues due to the use of fuels (e.g. gasoline,
diesel, or biodiesel) that do not conform to their respective industry
standards.
- Normal noise, vibration, wear and tear, and deterioration.
- Normal "wear and tear" includes, but is not limited to, damage to seats
due to wear or abrasion, worn painted surfaces, scratched decals or
windows, etc.
43
Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
Yes. The standard commercial equipment warranty covers the equipment for
two years or 1500 operational hours, whichever comes first.
44
Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs?
Travel time and mileage of Toro Authorized distributor and dealer service
personnel to diagnose and perform warranty repairs are covered by Toro, up
to 1,000 total miles per claim.
Bid Number: RFP 031121
Vendor Name: The Toro Comp 103
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
45
Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
46 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
47
What are your proposed exchange and return
programs and policies?
48 Describe any service contract options for the
items included in your proposal.
Toro can provide warranty repair for all geographic areas in the US and for
all Canadian Provinces through our authorized distributor and dealer networks.
Non -Toro brand attachments are not covered under Toro's Commercial
warranty but the service can be provided by Toro distributors.
New, unused, uninstalled items are eligible for return or exchange and
subject to a 15% restocking fee. In addition, any charges associated with
return shipment from the returnee's specified location to a Toro distribution
center will be the responsibility of the returnee. Used or installed items
cannot be returned or exchanged. New, uninstalled Parts are to be returned
at customer's expense within 90 days of purchase.
Our distributors may offer a variety of maintenance programs depending on
the need of the customer. These range from Time and Materials type
services, Preventive maintenance contracts, Full -Service maintenance
contracts that include preventive maintenance and repairs. These programs
are priced based on the specific needs of the customer, equipment age,
and condition. The distributor can provide pricing for these programs on a
local level.
Toro has also developed a Web -based Asset Maintenance Management
system called myTurfPro offering both free and subscription -based services.
Bid Number: RFP 031121
Vendor Name: The Toro Comps 104
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Table 10: Payment Terms and Financing Options
Item
Question
Response *
*
*
*
49
What are your payment terms (e.g., net 10, net 30)?
Standard payment terms are 0% 30 days for cash/check payments
and EFT payments.
50
Do you provide leasing or financing options, especially
those options that schools and governmental entities may
need to use in order to make certain acquisitions?
Multiple leasing and financing options are supported by Toro and
available from Toro distributors and dealers.
Tax-exempt financing and leasing is a tool that municipalities can
use to spread the cost of capital equipment acquisitions over the
life of the assets being financed. Toro has partnership agreements
in the US with two different finance companies, PNC Equipment
Finance and TCF Equipment Finance. Because of these
relationships, we have developed documents to help streamline the
process for our tax-exempt customers. This includes the credit
application, approval, and non -appropriation language. This
nationwide team of finance professionals has an in-depth
understanding of tax-exempt financing.
Based on tax-exempt pricing ($1 purchase option at end of lease
term), the monthly lease rate is indexed to a spread not to exceed
470 basis points (BPS) over the like term US treasuries. Individual
transaction pricing will be priced to the market based on specific
transaction details.
For Fair Market Value (FMV) leases, terms from three to five years
will be available. The monthly payments will not exceed 3.5% of the
award price (at 600 hours per year of use). Alternative hours and
payment terms (skip pays, annual pays, etc.) can be quoted by one
of our financing partners. At the end of the lease (assuming all
terms and conditions of the lease have been met), the equipment
may be returned (subject to turn -in requirements identified in the
lease documents), renewed for an additional time, on mutually
agreeable terms between the parties, or purchased at the then, fair
market value of the equipment.
In Canada, Toro's distributors hold direct relationships with financial
institutions.
As for LCE equipment, various additional special finance options
are available through Toro's finance partners including, stated value
and municipal lease options as well as no interest and low -interest
fixed -term loans. For current offers, visit www.toro.com/finance.
51 Briefly describe your proposed order process. Include Sourcewell members will submit purchase orders directly to an
enough detail to support your ability to report quarterly authorized Toro distributor/dealer.
sales to Sourcewell as described in the Contract template.
For example, indicate whether your dealer network is Sourcewell members can contact Toro directly to verify a specific
included in your response and whether each dealer (or dealer and/or pricing provided by our local distributor/dealers.
some other entity) will process the Sourcewell participating Sourcewell members may also confirm their authorized
entities' purchase orders. distributor/dealer online at www.toro.com/locator.
Toro will encourage and incent our authorized distributors/dealers to
participate in the Sourcewell contract and provide contract pricing to
Sourcewell members at the agreed -upon prices.
Toro distributors/dealers supporting the Sourcewell contract will
receive rebates from Toro for equipment sold under the Sourcewell
contract to Sourcewell members. Toro distributors/dealers will be
required to submit documentation to ensure compliance with the
contract in order to receive their rebates. This information will be
shared with Sourcewell directly from Toro on a quarterly basis, or as
requested by Sourcewell. Toro has an impeccable track record of
providing this information accurately and on time since the beginning
of our first contract. We understand the importance of transparency
and accurate reporting for Sourcewell, and for our customer
agencies.
52
Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell
participating entities for using this process?
Most of Toro's authorized distributors/dealers are able to accept P-
card procurement and payments. Additional fees may apply to
purchases made using p-card procurement.
Table 11: Pricing and Delivery
Bid Number: RFP 031121
Vendor Name: The Toro Comp 105
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can
be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product
Change Request Form.
mLi
Ite53
Question
Response *
Describe your pricing model (e.g., line -item discounts or For the contiguous United States, our pricing model is a discount
product -category discounts). Provide detailed pricing data off US MSRP that includes freight charges to the customer's dock.
(including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want For Hawaii, Alaska, and US Islands, the discount structure is the
Sourcewell to consider as part of your RFP response. If same (discount off US MRSP) but freight is not included in the
applicable, provide a SKU for each item in your proposal. price. Freight will be determined at the time of the sale by the
Upload your pricing materials (if applicable) in the distributor/dealer.
document upload section of your response.
For Canada, the pricing model is our US MSRP multiplied by the
exchange rate at the time of order (exchange rate based on the
monthly average published rate at that time according to the Bank
of Canada — Monthly Exchange Rate). This creates a new MSRP
for Canada and then the discount off that price is applied.
Bank of Canada — Monthly Exchange Rate
https://www. bankofcanada.ca/rates/exchange/monthly-exchange-rates/
*
*
*
*
*
*
54
Quantify the pricing discount represented by the pricing
proposal in this response. For example, if the pricing in
your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
• Toro Commercial products: 22% off current US MSRP
• Bullseye Products: 5% off current US MSRP
• Toro Landscape Contractor Equipment (LCE): 27% off current
US MSRP
• Toro Landscape Contractor SNOW Equipment (LCE SNOW):
20% off current MSRP
• Toro Golf Irrigation: 40% off current US MSRP
• Toro Residential Commercial Irrigation: 40% off current US MSRP
• Irritrol Irrigation Wholefoods, Attachments and Accessories: 40%
off current US MSRP
• Rainmaster Irrigation Wholegoods (RA): 35% off current US
MSRP
• Rainmaster Irrigation Parts (RB): 0% off current US MSRP
• Sentinel Irrigation Wholegoods: 35% off current US MSRP
• Large Commercial Rotors: 15% off current US MSRP
• Site Works Systems (SWS) Equipment: 17% off current US
MSRP
• Ventrac Products: 12% off current US MSRP
• Toro BOSS Snow Removal Products: 25% off current US MSRP
• Used and Demonstrator equipment: pricing will be set by the
distributor/dealer based on product condition, age, hours, etc.
• Third -party attachments: distributors/dealers will set the price but
will not exceed the list price and may include setup and freight
charges.
55
Describe any quantity or volume discounts or rebate
programs that you offer.
Toro authorized distributors/dealers understand these are ceiling
prices and may choose to provide additional discounts based on
unit quantity or total purchase volume..
56
Propose a method of facilitating "sourced" products or
related services, which may be referred to as "open
market" items or "nonstandard options". For example, you
may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
Toro authorized distributors/dealers may provide third -party
equipment that attaches to Toro products. These products will be
priced no higher than that products List Price. Freight and set-up
fees may also apply to these products.
57 Identify any element of the total cost of acquisition that is We have identified the pricing and potential cost variations in items
NOT included in the pricing submitted with your response. 53, 54, 55, and 56.
This includes all additional charges associated with a
purchase that are not directly identified as freight or
shipping charges. For example, list costs for items like pre -
delivery inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such
costs and their relationship to the Proposer.
58
If freight, delivery, or shipping is an additional cost to the
Sourcewell participating entity, describe in detail the
complete freight, shipping, and delivery program.
Shipping charges for Toro equipment outside the contiguous United
States are not covered as part of the product price. The Sourcewell
members outside this area will be invoiced only for the actual costs
of freight and delivery which can be provided at the time of order.
Shipping costs will also be added for any third -party attachments
purchased for Toro products.
Bid Number: RFP 031121
Vendor Name: The Toro Comps 106
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
59 Specifically describe freight, shipping, and delivery terms
programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
or For Hawaii, Alaska, and US Islands, the discount structure is the
same (discount off US MRSP) but freight is not included in the
price. Freight will be determined at the time of the sale by the
distributor/dealer.
For Canada, the pricing model is our US MSRP multiplied by the
exchange rate at the time of order (exchange rate based on the
monthly average published rate at that time according to the Bank
of Canada — Monthly Exchange Rate). This creates a new MSRP
for Canada and then the discount off that price is applied.
Bank of Canada — Monthly Exchange Rate
https://www. bankofcanada.ca/rates/exchange/monthly-exchange-rates/
60 Describe any unique distribution and/or delivery methods or
options offered in your proposal.
Most products will be shipped from a distributor/dealer to the
customer, but many of the products in the Landscape Contractor
Equipment or Irrigation divisions may be available at the
distributor/dealer location and may be picked up on -site.
Table 12: Pricing Offered
Line The Pricing Offered in this Proposal is: *
Item
Comments
61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing
departments.
Table 13: Audit and Administrative Fee
The pricing in our proposals
is one of the most
aggressive pricing structures
offered to GPOs, cooperative
procurement organizations, or
state purchasing departments
as a result of the reach and
value provided by Sourcewell.
Line Question
Item
Response *
62 Specifically describe any self -audit process or program that you
plan to employ to verify compliance with your proposed Contract
with Sourcewell. This process includes ensuring that Sourcewell
participating entities obtain the proper pricing, that the Vendor
reports all sales under the Contract each quarter, and that the
Vendor remits the proper administrative fee to Sourcewell.
The Toro Company will be paying all administration fees to
Sourcewell for sales on this contract. Toro distributors/dealers
supporting the Sourcewell contract will receive rebates from
Toro for equipment sold under the Sourcewell contract to
Sourcewell members. Toro distributors/dealers will be
required to submit documentation to ensure compliance with
contract in order to receive rebate. Additionally, Toro may
contact Sourcewell members purchasing Toro product under
the Sourcewell cooperative purchasing contract to ensure
member satisfaction. For our Commercial products we have
a pricing system that allows our distributors to choose the
Program pricing they need. We will have the Sourcewell
pricing established in this system for them to select, and
verification against this system will be used during the
rebating process.
63 Identify a proposed administrative fee that you will pay to
Sourcewell for facilitating, managing, and promoting the Sourcewell
Contract in the event that you are awarded a Contract. This fee
is typically calculated as a percentage of Vendor's sales under the
Contract or as a per -unit fee; it is not a line -item addition to the
Member's cost of goods. (See the RFP and template Contract for
additional details.)
Toro agrees to pay administrative fees to Sourcewell in the
amount of 1.5% of all sales of whole goods and
accessories, less freight, shipping, and set-up costs,
associated with this contract.
Bid Number: RFP 031121 Vendor Name: The Toro Comp 107
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Table 14A: Depth and Breadth of Offered Equipment Products and Services
Line
Item
Question
Response*
64 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Toro offers a full line of irrigation, synthetic turf maintenance, and mowing equipment
from 21" rotary mowers to rotary mowers with up to 16' width of cut, reel mowers,
aeration equipment, sprayers, debris removal equipment, material handling, greens
rollers, zero -turn mowers, four-wheel steer mowers, snow removal attachments,
compact utility loaders, and utility vehicles to meet the needs of any golf course,
park, sports field, or general grounds maintenance.
• SPORTS FIELDS AND GROUNDS EQUIPMENT
Toro offers a complete and comprehensive line of new unused Sports Fields and
Grounds Equipment of the latest design and technology to include, but not limited
to, mowing equipment, utility vehicles, spraying equipment, irrigation products, turf
cultivation equipment, and synthetic maintenance equipment.
• GOLF COURSE MAINTENANCE EQUIPMENT
Toro offers a complete and comprehensive line of new unused Golf Course
Maintenance Equipment of the latest design and technology to include, but not be
limited to, mowing equipment, utility vehicles, spraying equipment, renovation and
utility equipment, turf cultivation equipment, and irrigation equipment.
• RELATED EQUIPMENT PARTS
Toro provides a complete and comprehensive line of Original Equipment
Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course
Maintenance Equipment Parts.
• USED EQUIPMENT
Each of our distributors provides access to quality used and demonstrator (demo)
equipment. (Quantities and products are based on availability.)
65
Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
a) Walk -Behind Rotary Mowers
b) Zero -Radius Rotary Mowers
c) Wide -Area Rotary Mowers
d) Walk -Behind Reel Mowers
e) Commercial and Wide -Area Reel Mowers
f) Walk -Behind and Ride -On Greens Mowers
g) Utility Vehicles
h) Utility Tractors
i) Turf Cultivation Equipment
j) Turf Application Equipment
k) Debris Management Equipment
I) Infield Groomers
m) Compact Utility Loaders
n) Residential / Commercial Irrigation
o) Sentinel Irrigation Products
p) Irritrol Irrigation Products
q) Large Commercial Rotors
r) Rainmaster Irrigation Wholegoods
s) Rainmaster Irrigation Parts/Accessories
t) Golf Irrigation
u) Snow & Ice Removal Equipment
v) Synthetic Turf Maintenance Equipment
Bid Number: RFP 031121
Vendor Name: The Toro Comp 108
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Table 14B: Depth and Breadth 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
Category or Type
Offered `
Comments
66 Lawn and garden equipment, tools, c: Yes As described in section 14A, Toro provides a wide variety of
attachments, and accessories r No lawn and garden equipment, attachments, and accessories.
Including, but not limited to lawnmowers, utility tractors, utility
vehicles, snow removal equipment, and golf course maintenance
equipment.
67
Irrigation systems, equipment, parts, and
related installation and maintenance services
a Yes
C No
As described in section 14A, Toro provides a wide variety of
Residential, Commercial, and Golf Course Maintenance
equipment, parts, repair, and installation services for both new
and renovation projects.
68 Beach and waterfront maintenance C: Yes As described in section 14A, Toro provides a wide variety of
equipment and accessories r No beach and waterfront maintenance equipment and accessories
that include, but are not limited to infield groomers, utility
tractors, utility vehicles, and Debris Management Equipment.
69
Accessories, parts, and services related to
the solutions described above, including
maintenance or repair, and warranty
programs
l: Yes
c No
Toro provides a wide variety of Original Equipment Manufacturer
(OEM) accessories and parts for unique configurations, and to
increase the life of reliability of our equipment. Toro and our
distributor/dealer network provide the latest technology to support
the maintenance, repair, and warranty of Toro equipment.
Bid Number: RFP 031121 Vendor Name: The Toro Comps 109
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Table 15: Industry Specific Questions
Line
Item
Question
Response*
70 If you are awarded a contract, provide a Through Toros Partners in Excellence (PIE) program, Toro measures specific areas
few examples of internal metrics that will of the business, year after year, and provides tangible ways for both Toro, and our
be tracked to measure whether you are distributor/dealer partners to see what were doing well and what areas need
having success with the contract. improvement. Scores are based on things such as customer satisfaction, parts and
product availability, service, and growth. These, along with contract utilization metrics
will be used to measure the success of the Sourcewell contract.
71
Describe the serviceability of the products
included in your proposal (parts availability,
warranty and technical support, etc.).
myTurf Pro is a powerful and easy -to -use, application that seamlessly connects your
assets and your maintenance program, regardless of brand. Provide your team with
the tools to become more efficient by automating routine tasks, easily ordering parts,
managing maintenance assignments, and tracking task completion. "At a glance"
overviews keep you informed of asset status.
Toro Genuine Parts
Reliability — Most local distributors deliver parts within 24 hours. Toro backs this
promise with 48-hour delivery support
Toro MVP kits - Toro provides Maintenance Value Performance (MVP) Kits for many
common maintenance jobs, including filter change kits, hydraulic hose replacement
kits, cutting unit overhaul kits, roller rebuild kits, and more. All the required parts are
included in a single package to make ordering and completing the job easier and
less expensive. Whether you are rebuilding rollers, replacing hydraulic hoses, or
overhauling your cutting units, Toro MVP Kits make it simple to order all the
necessary parts for the job.
Also, see our response to question 25 for additional details on the serviceability of
products (parts availability, warranty, and technical support).
72 Describe advancements reflected in the Toro exclusive PX Hydraulic Fluid is another great innovation from Toro. This new
equipment or products offered in your premium hydraulic fluid performs better and lasts longer than conventional fluids. This
proposal, such as safety, longevity or life means your equipment will run more smoothly and require fewer hydraulic fluid
cycle cost measures. changes saving you time and money — up to 71%. Most 2019 and newer Toro
commercial equipment come factory filled with Toro PX Hydraulic Fluid and have
change intervals twice as long as previously...up to 2000 hours!
EdgeSeries Reels+TM replacement reels take performance to the next level with
bearings and seals already installed on the reel. Available for Toro riding and walk
Greensmaster® and Reelmaster® mowers, EdgeSeries Reels+ are designed for
longer life with less maintenance —all while delivering a phenomenal quality of cut.
DPA Cutting Units with all -new EdgeSeriesTM Reels for Improved Greens &
Fairways - EdgeSeries innovations include — longer -lasting - materials, even more
precise manufacturing techniques, and well -researched design changes to both the
reel and bedknife geometry that come together to provide an outstanding quality of
cut with less maintenance.
Bid Number: RFP 031121
Vendor Name: The Toro Comm 110
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
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.
Bid Number: RFP 031121
Vendor Name: The Toro Compz 111
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
Proposers Affidavit
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the
Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in
the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for
contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the
Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under
this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not
directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of
this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or
competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the
consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this
solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or
circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a
vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an
employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this
solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in
accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or
certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are
acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and
related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either
substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic
data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes
Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under
Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control
of the United States Department of the Treasury found at: httos://www.treasury.gov/ofac/downloads/sdnlist.odf.
b. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.00v/SAM/; or
Bid Number: RFP 031121
Vendor Name: The Toro Comps 112
DocuSign Envelope ID: 1460F6EA-271E-443A-BF68-60B879F5934F
c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any
Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense
related to the subject matter of this solicitation.
I By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this
Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I
had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic
signature or electronic record was used in its formation. - Brad Hamilton, Group Vice President, The Toro Company
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the
Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
r. Yes r No
If the Applicant declares an actual or potential Conflict of Interest by marking the box below, the Applicant must set out below details of
the actual or potential Conflict of Interest:
Toro does not believe we have an actual or potential Conflict of Interest. However, for the purpose of full transparency, The
Toro Company has been in communication with Venture Products, Inc. (i.e. Ventrac) during the solicitation process, who we
believe will be responding to this solicitation. The Toro Company acquired Venture Products, Inc. in March of 2020 and is
one of several brands under the Toro Family of Brands.
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
Addendum_11_ Grounds_Maintenance_Equipment_RFP_031121
Thu March 4 2021 06:08 PM
Addendum_10_ Grounds_Maintenance_Equipment_RFP_031121
Thu February 25 2021 01:00 PM
Addendum_9_ Grounds_Maintenance_Equipment_RFP_031121
Tue February 23 2021 10:33 AM
Addendum_8_ Grounds_Maintenance_Equipment_RFP_031121
Mon February 22 2021 10:21 AM
Addendum_7_ Grounds_Maintenance_Equipment_RFP_031121_CDR_Suggests
Wed February 17 2021 09:01 AM
Addendum_6_ Grounds_Maintenance_Equipment_RFP_031121
Tue February 16 2021 11:03 AM
Addendum_5_ Grounds_Maintenance_Equipment_RFP_031121
Fri February 12 2021 03:14 PM
Addendum_4_ Grounds_Maintenance_Equipment_RFP_031121
Tue February 2 2021 02:12 PM
Addendum_3_ Grounds_Maintenance_Equipment_RFP_031121
Thu January 21 2021 03:47 PM
Addendum_2_ Grounds_Maintenance_Equipment_RFP_031121
Wed January 20 2021 02:02 PM
Addendum_1_ Grounds_Maintenance_Equipment_RFP_031121
Tue January 19 2021 03:36 PM
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
2
1
r 1
2
1
1
1
1
r 2
1
1
Bid Number: RFP 031121 Vendor Name: The Toro Comps 113
DocuSign Envelope ID: 0244351E-9723-4009-B401-A03DF0614A80
AMENDMENT#1
TO
CONTRACT # 031121-TTC
THIS AMENDMENT is by and between Sourcewell and The Toro Company (Vendor).
Sourcewell awarded a contract to Vendor to provide Grounds Maintenance Equipment,
Attachments, and Accessories with Related Services to Sourcewell and its Participating Entities,
effective April 29, 2021, through April 30, 2025 (Contract).
The parties wish to amend the following terms within the Contract.
1. This Amendment is effective upon the date of the last signature below.
2. Vendor wishes to modify its pricing model to offer Product -category discounts off of
current MSRP will apply as described in items 54-60. In Canada, the pricing model will be
US MSRP multiplied by the exchange rate at the time of order (exchange rate based on
the monthly average published rate at the time of order, according to the Bank of
Canada — Monthly Exchange Rate). This creates a new MSRP for Canada and then the
discount off that price is applied. Bank of Canada — Monthly Exchange Rate:
httr s://www.bankofcanada.ca/rates/exchange/monthlv-exchange-rates/
3. Vendor will offer a "Smart Value" volume discount that includes the following incentive
for individual large orders.
Toro Commercial
Purchases
$ 150K - $ 199K
$ 200K - $ 249K
$ 250K -$ 299K
$ 300K -$ 349K
$ 350K -$ 399K
$ 400K -$ 449K
$ 450K - $ 499K
$ 500K - $ 549K
Customer
Goods
$ 4,500
$ 6,000
$ 10,000
$ 12,000
$ 14,000
$ 16,000
$ 18,000
$ 20,000
Toro Commercial
Purchases
$ 550K -$ 599K
$ 600K - $ 649K
$ 650K - $ 699K
$ 700K - $ 749K
$ 750K - $ 799K
$ 800K - $ 849K
$ 850K - $ 899K
$ 900K*
Customer
Goods
$ 22,000
$ 24,000
$ 26,000
$ 28,000
$ 30,000
$ 32,000
$ 34,000
$ 36,000
Only single Purchase Orders (POs) on Toro Commercial Equipment qualify. Multiple POs
may not be combined to qualify.
Vendor -authorized distributors/dealers understand these are ceiling prices and may
choose to provide additional discounts based on unit quantity or total purchase volume.
Sourcewell Contract #031121-TTC I Amendment #1
Page 1 of 2
114
DocuSign Envelope ID: 0244351E-9723-4009-B401-A03DF0614A80
4. Vendor -authorized distributors/dealers may provide third -part equipment that attach
to, or are used in, the configuration with any of Toro's products. These products will be
priced no higher than the products List Price.
Freight and setup fees may apply.
Vendor -authorized distributors/dealers may include setup fees — not to exceed 2% of
the total Product cost, plus up to an additional 6% for cab -unit setups. Setup fees must
be identified as a separate line- item on the quotation.
For the contiguous United States, delivery fees may be included at the
distributor/dealer discretion — not to exceed 2% of the total product cost. Delivery fees
must be identified as a separate line -item on the quotation.
For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at
distributor/dealer discretion — delivery fees not to exceed 2% of the total product cost;
freight not to exceed actual pass -through costs. Freight and deliver fees must be
identified as a separate line -item on the quotation.
5. Vendor will encourage and incent its authorized dealers to provide contract terms to
Sourcewell members consistent with the terms of this Amendment; however,
participation in the program described in the Amendment will be at the discretion of
each Toro dealer.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell The Toro Company
DocuSigned by: DocuSigned by:
By: 3CYLvi, j SthOotrIC5
Jeremy`—_, COF°139
D0:489," , , Vcurement Officer
Date:
10/29/2021 1 3:14 PM CDT
By:
f raf. tkaviiittow
Brad H z.�4124574B1E1E54C4...
Title: Group vice President
Approved: Date:
By:
DocuSigned by:
CIA4Let COMA&
Chad C_ 7E42B8F817A64CC... Director/CEO
Date:
10/29/2021 1 3:28 PM CDT
10/29/2021 1 3:00 PM CDT
Sourcewell Contract #031121-TTC I Amendment #1
Page 2 of 2
115
ThRO®
May 12, 2022
The Toro Company
8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196
www.thetorocompany.com
Sourcewell
Contract# 031121-TTC-TTC
Andy Campbell, Supplier Development Supervisor
202 12th Street NE
Staples, MN 56479
Dear Mr. Campbell,
Due to unprecedented increases in commodity costs and extreme volatility in component availability and
pricing related to all aspects of manufacturing logistics, we find it necessary to modify and provide clarity
to our responses related to the following questions:
Table 10: Payment Terms and Financing Options
Line Item 51
Briefly describe your proposed order process. Include enough detail to support your ability to report
quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your
dealer network is included in your response and whether each dealer (or some other entity will process
the Sourcewell participating entities' purchase orders.
Change response to:
Sourcewell participating entities will work directly with Toro's authorized local distributors/dealers to
identify product options, availability, and receive initial pricing quotation.
Toro will communicate to its distributors/dealers that the following statement is to be provided on all
quotations: "Pricing may be subject to change between the original order date and the delivery date." In
addition, Toro suggests the same language to be included in the Sourcewell participating entity's PO or
order agreement.
Prior to delivery, the distributor/dealer may reach out to the participating entity with updated pricing. The
updated pricing will not exceed the category discounts off of current MSRP reflected at the time of
delivery. At this time, the participating entity may accept the updated pricing and continue with the order
or cancel the order without penalty.
Sourcewell participating entities may contact Toro (or Sourcewell) at any time to verify a specific
distributor/dealer and/or confirm pricing provided by the local distributor/dealer. Entities may also confirm
authorized distributors/dealers online at www.toro.com/locator.
After the order is complete, the local Toro distributor/dealer will deliver the product(s) to the participating
entity and provide an invoice requesting payment. All quoting, billing, setup, delivery and ongoing
maintenance of the equipment will be handled by the local distributors/dealers.
Toro distributors/dealers supporting the Sourcewell contract will receive rebates from Toro for equipment
sold under the Sourcewell contract. Toro distributors/dealers will be required to submit documentation to
116
ensure compliance with the contract in order to receive their rebates. This information will be shared with
Sourcewell directly from Toro on a quarterly basis, or as requested by Sourcewell. Toro has an
impeccable track record of providing this information accurately and on time since the beginning of our
first contract. We understand the importance of transparency and accurate reporting for Sourcewell and
for Sourcewell participating entities.
Table 11: Pricing and Delivery
Line Item 53
Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed
pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items
that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each
item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your
response.
Change response to:
Product -category discounts off of current MSRP as reflected at the time of delivery will apply as
described in items 54-60.
Toro will communicate to its dealers and distributors that the following statement is provided on all
quotations "Pricing may be subject to change between original order date and delivery". In addition, Toro
suggests the same language to be included in the Sourcewell participating entity's PO or order
agreement. The updated pricing will not exceed the category discounts off of the current MSRP as
reflected at the time of delivery.
In Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of delivery
(exchange rate based on the monthly average published rate at the time of delivery, according to the
Bank of Canada — Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount
off that price is applied.
Bank of Canada — Monthly Exchange Rate:
https://www. bankofcanada.ca/rates/exchanqe/monthly-exchange-rates/
Line Item 54
Quantify the pricing discount represented by the pricing proposal in this response. For example, if the
pricing in your response represents a percentage discount from MSRP or list, state the percentage or
percentage range.
No changes to previously amended response
Line Item 55
Describe any quantity or volume discounts or rebate programs that you offer.
No changes to previously amended response
Line Item 56
Propose a method of facilitating "sourced" products or related services, which may be referred to as
"open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at
cost plus a percentage," or you may supply a quote for each such request.
No changes to previously amended response
Line Item 57
Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your
response. This includes all additional charges associated with a purchase that are not directly identified
117
as freight or shipping charges. For example, list costs for items like predelivery inspection, installation,
set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their
relationship to the Proposer.
Change response to:
Toro's authorized distributors/dealers may include setup fees — not to exceed 5% of the total product
cost, plus up to an additional 5% for cab -unit setups. Setup fees must be identified as a separate line -
item on the quotation.
In addition, due to unprecedented market conditions it may be necessary for Toro, or our local
distributors/dealers to implement temporary surcharges to offset the volatility of material and/or
transportation costs. Surcharge requests will be sent through a Price and Product Change Request Form
to the assigned Sourcewell Contract Administrator for approval.
Line Item 58
If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail
the complete freight, shipping, and delivery program.
Change response to:
For the contiguous United States, delivery fees may be included at the distributor/dealer discretion — not
to exceed 5% of the total product cost.
Line Item 59
Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii,
Canada, or any offshore delivery.
Change response to:
For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at
distributor/dealer discretion — delivery fees not to exceed 5% of the total product cost; freight not to
exceed actual pass -through costs. Freight and deliver fees must be identified as a separate line -item on
the quotation.
Line Item 60
Describe any unique distribution and/or delivery methods or options offered in your proposal.
No changes to original response
For any material changes requiring signature, please direct them to:
Brad Hamilton
Group President
Brad.Hamilton(a�toro.com
952-887-8815
Thank you for your assistance.
Jon Stodola, CSE
Regional Business Manager — Government Contracts
Jon.Stodola c(�Toro.com
612.597.3224
118
Attachment 5
Number GI0224 r P ON SYSTEM UPGRADES Program GENERAL
PROJECT DESCRIPTION
The project will include the planning, design and installation of approximately sixty new irrigation controllers along streets, parks and facilities. System -wide
communication upgrades with the Central Irrigation System will improve water conservation in response to daily weather conditions. Additionally, consultant
services will be utilized to improve system optimization including site specific scheduling for upto twenty-five of the City's large landscapes. A series of training
sessions will be held with the City's Maintenance Division to ensure the on -going operation of the system.
The $1.38 million idntified as "State Grant" is from the State of California - Deapartment of Water Resources Urban Community Drought Relief Grant,which was
awarded to Alameda County Flood Control and Water Conservation District, Zone 7, as part of a grant application that included several projects from local
sponsors in the Livermore-Amador Valley. All activities to implement the project must be completed by December 31, 2026, to be eligible for State Grant funding.
ANNUAL OPERATING IMPACT: Savings in water utility costs.
MANAGING DEPARTMENT: Public Works
2022-2027 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2022-2023 2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS
TOTALS
9100 Salaries & Benefits
9200 Contract Services
9400 Improvements
9500 Miscellaneous
9600 Equipment
$104,000
$350,000
$721,000
$15,000
$650,000
$104,000
$350,000
$721,000
$15,000
$650,000
TOTAL
I
$1,840,000
$1,840,000
FUNDING SOURCE
PRIOR
YEARS
2022-2023
2023-2024
2024-2025
2025-2026
2026-2027
FUTURE
YEARS
TOTALS
1001 General Fund
2921 'State Grant - General
MEE
TOTAL
I
$460,000
$1,380,000 1
$1,840,000
$460,000
$1,380,000
$1,840,000
ANNUAL OPERATING IMPACT
CITY OF DUBLIN
FISCAL YEAR 2023-24
BUDGET CHANGE FORM
BUDGET INCREASE AMOUNT
Account
G10224 Dublin Irrigation System Upgrades
Funding Sources
gi0224.2921 (33009310.49999) - (State Grant - Transfer In)
gi0224.1101 (33009310.49999) - (General Fund Reserve - Transfer In)
Expenses
gi0224.9100.9101 - (Staff Costs)
gi0224.9200.9201 - (Contract Services)
gi0224.9400.9401 (Improvements)
gi0224.9500.9502 (Processing/Filing Fees)
gi0224.9500.9503 (Printing and Binding)
gi0224.9500.9504 (Legal Notices)
gi0224.9600.9605 (Machinery & Equipment)
Transfers Out
29210010.89101 - (State Grant - Transfer Out)
11010010.89101 - (General Fund Reserve - 33007 Assigned Reserve for Non -Streets
Capital Improvement Program - Transfer Out)
Revenue Received
29210000.47261 - (State Grant - State Grant Other)
Attachment 6
Amount
1,380,000.00
460,000.00
$104,000
$350,000
$721,000
$10,000
$3,000
$2,000
$650,000
1,380,000.00
460,000.00
1,380,000.00
REASON FOR BUDGET CHANGE
The State Department of Water Resources awarded Zone 7 $2,242,500 in grant funds, which included $1,380,000 in grant
funds for the City's Irrigation System Upgrades project. The grant funding requires a City match of $460,000 for a project
budget of $1,840,000. The City match will be funded by the General Fund Assigned Reserve for Non -Streets Capital
Improvement Program.
As Presented at the City Council Meeting
2/6/2024
**********Finance Use Only**********
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