Agenda packet — Livermore City Council, April 11, 2022 (part 1 of 4)

CITY COUNCIL
AGENDA
MONDAY, APRIL 11, 2022
REGULAR HYBRID MEETING –
7:00 PM
RECEPTION - 6:30 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
ZOOM WEBINAR:
https://us02web.zoom.us/j/84997441715
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 849 9744 1715
Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda
April 11, 2022

1 1.

CALL TO ORDER

2. PROCLAMATIONS AND PRESENTATIONS

2.1 Proclamation declaring April 24-30, 2022 as National Crime Victims' Rights Week presented to Jenifer Mello, South County Victim Advocate Supervisor from the Alameda County Victim/Witness Division.

Recommendation:

Staff recommends City Council proclaim April 24-30, 2022 as National Crime Victims' Rights Week.

Staff Report

Attachments:

1. Proclamation

2.2 Proclamation declaring April 29, 2022 as Arbor Day in the City of Livermore presented to Jeff Shafer, Assistant Public Works Director

Recommendation:

Staff recommends City Council proclaim April 29, 2022 as Arbor Day in the City of Livermore.

Staff Report

Attachments:

1. Proclamation

2.3 Poet Laureate annual update and poem presented by Cynthia Patton, City of Livermore Poet Laureate

Recommendation:

Staff recommends City Council accept the update.

Staff Report

3. CITIZENS FORUM

In conformance with the Brown Act, no City Council action can occur on items presented during Citizens Forum.

CIVIC CENTER MEETING HALL GRAND OPENING RECEPTION - 6:30 pm

ROLL CALL

Council Member Robert W. Carling
Council Member Brittni Kiick
Council Member Trish Munro
Vice Mayor Regina Bonanno
Mayor Bob Woerner

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
April 11, 2022

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

To provide public comment virtually, please log into Zoom and use the 'raise hand' feature.

Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.

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

3.1 Public Comment Received

Attachments:

1. Public Comment Received

4. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card if in person or use the 'raise hand' feature if participating using Zoom.

4.1 Approval of draft minutes - March 21, 2022 Special Meeting, March 26, 2022 Special Meeting, and March 28, 2022 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2022-03-22 Draft Meeting Minutes

2. 2022-03-26 Draft Meeting Minutes

3. 2022-03-28 Draft Meeting Minutes

4.2 Adopt an Ordinance
amending Title 2, Chapter 2.14,
Elections
, of the Livermore Municipal
Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A

Recommendation:

Staff recommends City Council adopt an Ordinance amending Title 2, Chapter 2.14, Elections
,
of the Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Amended and Restated Chapter 2.14, Election

3. Exhibit B - District Map

4.3 Resolutions authorizing the acceptance of grant funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements and approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements Active Transportation Plan (ATP), Project

Livermore City Council Agenda
April 11, 2022

3 Number 2021-35.

Recommendation:

Staff recommends the City Council adopt resolutions:

1 .

Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements; and
2 .

Approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd.

Crossing Enhancements ATP, Project Number 2021-35, in FY 2022-23.

Staff Report

Attachments:

1. Location Map

2. Resolution - Accepting Grant

3. Exhibit A - Alameda CTC Agreement No. A22-0031

4. Resolution - Appropriating Funds

4.4 Resolutions authorizing acceptance of grant funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way and approving a supplemental appropriation of $123,000 in grant funds for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

Recommendation:

Staff recommends the City Council adopt resolutions:
1 .

Authorizing the City Manager or designee to sign all grant documents and accept funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way; and 2 .

Approving a supplemental appropriation of funds in FY 2022-23 for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

Staff Report

Attachments:

1. Resolution - Accepting Grant

2. Exhibit A - Alameda CTC Agreement No. A22-0013

3. Resolution - Supplemental Appropriation

4.5 Resolution ratifying an agreement with the California State Library to accept a $27,274 grant to be used to support the Livermore Public Library's English as a Second Language (ESL) programs and services, and approving appropriation of these funds during FY 2021-22

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Ratifying the City's acceptance of $27,274 in grant funds from the California State Library to be used by the Livermore Public Library for English as a Second Language (ESL) services, supplies, supports, and programs.
2 .

Approving the appropriation authorizing the expenditure of the accepted funds in FY 2021-22.

Livermore City Council Agenda
April 11, 2022

4 Staff Report

Attachments:

1. Resolution

2. Exhibit A - California State Library State Funded Grants Award Agreement and Certificate of Compliance

4.6 Resolution authorizing the execution of an agreement with artist Cecilia Lueza, for the acquisition and oversight of the installation of the outdoor art sculpture entitled "Influx" at the entry point to Livermore's Springtown District, in an amount not-to-exceed $40,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager or his designee to execute the Artwork Acquisition Agreement with the artist Cecilia Lueza in the not- to-exceed amount of $40,000, which is budgeted as part of the Citywide Sculptures Project #202122 of FY 2021-23 Capital Improvement Plan, and covered by City Public Art Funds.

Staff Report

Attachments:

1. Livermore Sculptures RFP

2. Resolution

3. Exhibit A - Cecilia Lueza Artwork Acquisition Final Agreement

4.7 Resolution authorizing execution of an agreement with Mydatt Services, Inc d/b/a Block By Block to provide Community Ambassador and Bio-Hazard Clean-Up services in an amount not-to-exceed $272,400

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager, or his designee, to approve and enter into an agreement with Mydatt Services, Inc. d/b/a Block by Block to provide the Community Ambassador Program and Bio-Hazard Clean-Up services in the amount not-to-exceed $272,400.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Grant Agreement

4.8 Resolution authorizing the execution of a subordination agreement with Fremont Bank for the City’s Deeds of Trust recorded on the properties located at 1031 and 1045 Bluebell Drive, and authorizing the City Manager to negotiate with the Livermore Housing Authority for new and restated loan and Regulatory Agreements on the properties

Recommendation:

Staff recommends the City Council adopt a resolution authorizing:
1 .

The City Manager to execute a Subordination Agreement with Fremont Bank, in substantially the form attached as Exhibit A to the Resolution, and subject to final form approval by the City Attorney for the City’s Deeds of Trust on 1031 and 1045 Bluebell

Livermore City Council Agenda
April 11, 2022

5 Drive.
2 .

The City Manager or his designee to negotiate new and/or restated loan and Regulatory Agreements with the Livermore Housing Authority (LHA) for the properties located at 1031 and 1045 Bluebell Drive using the terms described in the letter agreement between the City and LHA, attached as Exhibit B to the Resolution.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Form of Subordination Agreement

3. Exhibit B - Letter Agreement

4.9 Resolution authorizing a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a lease agreement with CityServe of the Tri-Valley for office space at the Multi-Service Center, 3311 Pacific Avenue.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Multi-Service Center Lease with CityServe of the Tri-Valley

4.10 Resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Civic Center Meeting Hall, Project 2004-3901.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the acceptance for permanent maintenance and release of the security bonds for the Miscellaneous Corrective and Incomplete Work at the Livermore Civic Center Meeting Hall, Project 2004-3901.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Notice of Completion

4.11 Resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts

Recommendation:

Staff recommends the City Council adopt a resolution directing the City Engineer to file the Annual Engineer’s Report for the City’s Landscape Maintenance Districts.

Staff Report

Attachments:

Livermore City Council Agenda
April 11, 2022

6 1. Resolution

4.12 Resolution approving the City of Livermore Cybersecurity Policy

Recommendation:

Staff recommends City Council approve the City of Livermore Cybersecurity Policy.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - City of Livermore Cybersecurity Policy

4.13 Resolution approving the City of Livermore Salary Plan as of May 2022 in accordance with California Code of Regulations, Title 2, Section 570.5.

Recommendation:

Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of May 2022, in accordance with California Code of Regulations, Title 2, Section 570.5.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Salary Plan effective May 2022

4.14 Resolution terminating the proclamation of local emergency (COVID-19) and the temporary suspension and revision of the City Council Meeting Rules of Procedure in Response to the COVID-19 pandemic

Recommendation:

Staff recommends City Council adopt a resolution terminating the proclamation of local emergency, the temporary suspension and revision of the City Council Meeting Rules of Procedure, and all unexpired emergency orders, declared in response to the spread of COVID-19.

Staff Report

Attachments:

1. Resolution

5. PUBLIC HEARINGS

5.1 Hearing to consider proposed Livermore Municipal Water rates and charges for calendar years 2023 through 2027

Recommendation:

Staff recommends that the City Council:
1 .

Conduct a public hearing for proposed water rates;

Livermore City Council Agenda
April 11, 2022

7 2
.

Determine if a majority protest exists; and
3 .

If a majority protest does not exist, adopt a resolution amending water rates and charges for calendar years 2023 through 2027.

Staff Report

Attachments:

1. Protest Letters Received

2. Resolution

3. Exhibit A - Water Rate Study

5.2 Hearing to
introduce an ordinance
adding section 2.36.200 to the Livermore Municipal Code in compliance with the requirements of Assembly Bill 481 (an act to add sections 7070 through 7075 to the Government Code, relating to military equipment).

Recommendation:

Staff recommends City Council:
1 .

Conduct a Public Hearing to receive input and comments on the proposed equipment policy.
2 .

Introduce an Ordinance adding Section 2.36.200 entitled, “Military Equipment Policy” to the Livermore Municipal Code in compliance with Assembly Bill 481.

Staff Report

Attachments:

1. Livermore Police Department Policy 709 -Military Equipment

2. LPD Military Equipment Inventory- 2022

3. Equipment Inventory Summary

4. Ordinance

5.3 Hearing to consider a proposal to amend the Downtown Specific Plan regarding outdoor dining, outdoor dining guidelines, and amend the Livermore Municipal Code, adding Chapter

5.6,
Outdoor Dining Permit
, to establish an Outdoor Dining Ordinance, including a permitting process.

Recommendation:

The Planning Commission and staff recommend the City Council:
1 .

Adopt resolutions finding that the project is exempt under the California Environmental Quality Act and that the project is consistent with the 2009 Subsequent Environmental Impact Report for the Downtown;
2 .

Adopt a resolution approving Specific Plan Amendment (SPPA) 22-002 for changes to outdoor dining standards in the Downtown Specific Plan; and 3 .

Introduce an Ordinance
amending Title 5, adding Chapter 5.60 Outdoor Dining Permit, of the Livermore Municipal Code

Staff Report

Attachments:

1. Resolution - CEQA Exemption

2. Exhibit A - Planning Commission Resolution No. 06-22

3. Resolution - CEQA - Prior EIR

Livermore City Council Agenda
April 11, 2022

8 4. Exhibit A - Planning Commission Resolution No. 05-22

5. Resolution - Project Approval - SPPA22-002

6. Exhibit A - Planning Commission Resolution No. 07-22

7. Exhibit B - Chapter 5 Development Standards Downtown Core

8. Exhibit C - Chapter 6 Design Standards and Guidelines - Outdoor Dining and Seating

9. Exhibit D - Chapter 10 Implementation

10. Ordinance

11. Exhibit A - Planning Commission Resolution No. 08-22

12. Exhibit B - Outdoor Dining Ordinance

6. MATTERS FOR CONSIDERATION

6.1 Resolution approving the 2022 revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies

Recommendation:

Staff recommends the City Council adopt a resolution approving the revised Meeting Rules of Procedure for eleven of the City's advisory bodies to conform them to the City Council Meeting Rules of Procedure, add clarification, streamline administrative processes, extend the term for the Community Asset Management Program Outreach Committee and Climate Action Plan Advisory Committee, and confirm prior direction related to advisory body meetings.

Staff Report

Attachments:

1. Airport Commission - Redline Rules of Procedure

2. Beautification Committee - Redline Rules of Procedure

3. Climate Action Plan - Redline Rules of Procedure

4. Community Asset Management Program - Redline Rules of Procedure

5. Commission for the Arts - Redline Rules of Procedure

6. General Plan Advisory Committee - Redline Rules of Procedure

7. Historic Preservation Commission - Redline Rules of Procedure

8. Human Services Commission - Redline Rules of Procedure

9. Library Board of Trustees - Redline Rules of Procedure

10. Livermore Housing Authority - Redline Rules of Procedure

11. Planning Commission - Redline Rules of Procedure

12. Resolution - 2022 Revised Meeting Rules of Procedures

7. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

8. ADJOURN TO CLOSED SESSION

9. CLOSED SESSION

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
No
te: This Closed Session my be continued to the end of the Regular Meeting.

Livermore City Council Agenda
April 11, 2022

9 9.1
Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (Two cases)

1. Tolbert v. Livermore, et al., United States District Court for the Northern District of California, Case No. 4:21-cv-05174-YGR

2. Save the Hill Group v. Livermore, et al, California Court of Appeal, First Appellate District, Division Five, Case No. A161573; Alameda County Superior Court Case No. RG19020186

Attachments:

1. Public Comment Received

10. ADJOURNMENT

To a Regular City Council meeting on Monday, April 25, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

11. SUPPLEMENTAL MATERIALS

11.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items Received at the Meeting

12. HOW TO PARTICIPATE IN OUR CITY COUNCIL MEETING

You can participate in the meeting in a number of ways:

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

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

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
April 11, 2022

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

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.

eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

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

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

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

TV29:
tv29live.org
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

Zoom Webinar:
https://us02web.zoom.us/j/84997441715

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 849 9744 1715

If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at Livermore City Council Agenda
April 11, 2022

11 [email protected]
.

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

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

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

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

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

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

Livermore City Council Agenda
April 11, 2022

12 CITY COUNCIL STAFF REPORT
ITEM NO. 2.1

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Marc Roberts, City Manager
SUBJECT:

Proclamation declaring April 24-30, 2022 as National Crime Victims' Rights Week presented to Jenifer Mello, South County Victim Advocate Supervisor from the Alameda County Victim/Witness Division.

RECOMMENDED ACTION

Staff recommends City Council proclaim April 24-30, 2022 as National Crime Victims' Rights Week.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Stephanie Egidio
Management Analyst

NATIONAL CRIME VICTIMS' RIGHTS WEEK
April 24 - 30, 2022
,.

WHEREAS, in 1974, the Alameda County District Attorney's Office Victim-Witness Assistance Program was established, the first such program in the nation. The program provides services to aid crime victims' recovery from the emotional, psychological, social and economic impact of crime as they regain their sense of safety, well-being and dignity; and
WHEREAS, in partnership with survivors, community service providers, criminal justice professionals and victim advocates, the Alameda County District Attorney's Office works to ensure a criminal justice system response that is accessible, culturally competent and appropriate for all victims of crime; and WHEREAS, dedicated to ensuring the rights of crime victims and their families, the Victim-Witness staff assists victims of crime without regard to a person's race, gender, religion, nationality, sexual orientation, gender identity or immigration status; and
WHEREAS, in 2021, the Alameda County District Attorney's Office Victim-Witness Assistance Division provided over 3,315 services to more-than 515 crime victims in Livermore including children, elders and dependent adults. For victims of crime without independentfinancial means, the District Attorney's Office facilitated financial support through the Victim Compensation Program; and WHEREAS, in 1981, Congress established National Crime Victims' Rights Week as part of an expanding initiative to promote victims' rights and services and to raise awareness of victims' rights, advance the cause of justice for crime victims and celebrate the energy, creativity, and commitment that launched the victims' rights movement;
NOW, THEREFORE, the City Council of the City of Livermore, proclaims April 24-30, 2022 to be National Crime Victims' Rights Week in Alameda County and thanks the staff at the Alameda County District Attorney's Office for their service and commitment in advancing the cause of justice for crime victims and for building a more just community.
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Mayor Bob Woerner Vice Mayor Gina Bonanno
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Council Member Brittni Kiick
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C�uncil Member Patricia K. Munro
14 CITY COUNCIL STAFF REPORT
ITEM NO. 2.2

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Proclamation declaring April 29, 2022 as Arbor Day in the City of Livermore presented to Jeff Shafer, Assistant Public Works Director

RECOMMENDED ACTION

Staff recommends City Council proclaim April 29, 2022 as Arbor Day in the City of Livermore.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 16

CITY COUNCIL STAFF REPORT
ITEM NO. 2.3

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Poet Laureate annual update and poem presented by Cynthia Patton, City of Livermore Poet Laureate

RECOMMENDED ACTION

Staff recommends City Council accept the update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Xochitl Ballesteros
Senior Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
17 From: Kimberly Jackson
To: Cityclerk - Livermore
Subject: Safe storage
Date: Monday, April 4, 2022 10:06:11 PM
This to me is a no brainer. It's sad that gun owners need told to do this. People lock up jewelry and alcohol, but not the firearms.

CITIZENS' FORUM

PUBLIC COMMENT RECEIVED
18 CITY COUNCIL STAFF REPORT
ITEM NO. 4.1

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Approval of draft minutes - March 21, 2022 Special Meeting, March 26, 2022 Special Meeting, and March 28, 2022 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-03-22 Draft Meeting Minutes

2. 2022-03-26 Draft Meeting Minutes

3. 2022-03-28 Draft Meeting Minutes

Prepared by: Marie Weber
City Clerk

DRAFT MINUTES

CITY COUNCIL
MARCH 22, 2022
________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 1:00 pm, held via teleconference using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Manager.

3.2 CONFERENCE WITH LABOR NEGOTIATORS: To meet with Gary Phillips, the City’s negotiator, pursuant to Government Code section 94957.6 regarding negotiations for salary, compensation, and other terms and conditions of employment.

Unrepresented employee title: City Manager

REPORT OF ACTION TAKEN IN CLOSED SESSION
Mayor Woerner said there was no reportable action.

8. ADJOURNMENT – at 8:59 pm to a regular City Council meeting on March 28, 2022 at 7:00 p.m., held virtually using Zoom. 20 ATTACHMENT 1
CM/74/550 Minutes MARCH 22, 2022
APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
21 ATTACHMENT 2
MARCH 26, 2022 Minutes CM/74/549

DRAFT MINUTES

CITY COUNCIL
MARCH 26, 2022
________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor Bob Woerner at 1:01 pm, held via teleconference using Zoom and YouTube.

2. ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno, and Council Members, Robert W. Carling, Brittni Kiick and Trish Munro.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.

Mayor Woerner opened the public comment period.

There were no speakers and the hearing was closed.

1. ADJOURN TO CLOSED SESSION

3.1 PUBLIC EMPLOYEE EMPLOYMENT: Public employee recruitment pursuant to Government Code section 54957(b).

Title of position to be filled: City Manager.

3.2 CONFERENCE WITH LABOR NEGOTIATORS: To meet with Gary Phillips and Nancy Dias, the City’s negotiator, pursuant to Government Code section 94957.6 regarding negotiations for salary, compensation, and other terms and conditions of employment.

Unrepresented employee title: City Manager

REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala said there was no reportable action.

8. ADJOURNMENT – at 1:42 pm to a regular City Council meeting on March 28, 2022 at 7:00 p.m., held virtually using Zoom. 22 ATTACHMENT 2
CM/74/550 Minutes MARCH 22, 2022
APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
23 ATTACHMENT 3
MARCH 28, 2022 Minutes CM/74/435

DRAFT MINUTES

CITY COUNCIL
MARCH 28, 2022
________________________________________________________________

CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was cancelled. ________________________________________________________________

REGULAR MEETING

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor Bob Woerner at 7:00 pm, held via teleconference using Zoom and YouTube.

ROLL CALL – Present: Mayor Bob Woerner, Vice Mayor Regina Bonanno and Council Members Robert W. Carling, Brittni Kiick and Trish Munro

PLEDGE OF ALLEGIANCE
Mayor Woerner reordered the agenda to hear item 6.1 first.

6.1 7:05 P.M. - Introduction of an Ordinance amending Title 2, Chapter

2.14, Elections, of the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A.

Recommendation: Staff recommended City Council introduce an Ordinance amending Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

City Clerk Marie Weber presented the staff report.

Mayor Woerner opened the public hearing.

Kyoko Takayama provided comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM MUNRO, SECONDED BY CM KIICK, AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL INTRODUCED THE FOLLOWING ORDINANCE:
24 ATTACHMENT 3
CM/74/436 Minutes MARCH 28, 2022
Ordinance introduced amending Title 2, Chapter , Elections, of the Livermore Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts.

3. PROCLAMATIONS AND PRESENTATIONS

3.1 2021 Livermore Phishing Award presented by Cybersecurity Manager Donald Hester to Public Works Management Analyst Anthony Smith
Cybersecurity Manager Don Hester presented an award to Anthony Smith.

4. CITIZENS FORUM
Mayor Woerner opened the public comment period.

Craig Freeman, Local 1974, provided a comment.

Dave McGuigan provided a comment.

Alan Marling provided a comment.

Kyoko Takayama provided a comment.

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

5. CONSENT CALENDAR
Mayor Woerner opened the public comment period.

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

ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

5.1 Approval of draft minutes - March 9, 2022 Special Meeting, March 11, 2022 Special Meeting, March 14, 2022 Regular Meeting, and March 21, 2022 Special Meeting.

Recommendation: Staff recommended the City Council approve the draft minutes.

5.2 Resolution 2022-030 authorizing the City Manager to execute the first amendment to the agreement with Barry & Wynn Architects Inc. increasing the not-to-exceed contract amount from $313,040 to $462,540 and extending the term of the agreement for the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30 to December 31, 2023.
25 ATTACHMENT 3
MARCH 28, 2022 Minutes CM/74/437
Recommendation: Staff recommended City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the agreement with Barry & Wynn Architects Inc. increasing the not-to- exceed contract amount from $313,040 to $462,540 and extending the term of the agreement for the City Hall HVAC and Central Plant Chiller Replacement, Project No. 2018-30.

5.3 Resolution 2022-031 authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance in an amount not-to-exceed $120,000.

Recommendation: Staff recommended that the City Council adopt a resolution authorizing the execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance in an amount not- to-exceed $120,000.

5.4 Resolution 2022-032 authorizing an agreement with Rincon Consultants, Inc., to provide on-call professional planning services in an amount not-to-exceed $316,797 and a supplemental appropriation of $86,160 for the cost of the agreement in Fiscal Year 2021-22.

Recommendation: Staff recommended the City Council adopt a resolution authorizing the execution of an agreement with Rincon Consultants, Inc., in an amount not to exceed $316,797 to provide professional planning services, and a supplemental appropriation of $86,160 from the General Fund to cover the cost of the agreement for Fiscal Year 2021-22.

5.5 Resolution 2022-033 authorizing a lease agreement with Axis Community Health for medical clinic and office space at the Multi-Service Center, 3311 Pacific Avenue.

Recommendation: Staff recommended the City Council adopt a resolution authorizing execution of a lease agreement with Axis Community Health for medical clinic and office space at the Multi-Service Center, 3311 Pacific Avenue.

5.6 Resolution 2022-034 authorizing the City Manager to sign the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services Recommendation: Staff recommended the City Council adopt a resolution authorizing the City Manager to sign the Memorandum of Understanding with the Alameda County Department of Environmental Health for SB 1383 edible food recovery inspection services.

5.7 Resolution 2022-035 approving the Altamont Settlement Agreement Education Advisory Board's Expenditure Plan for FY 2022-23.

Recommendation: Staff recommended the City Council adopt a resolution approving the Altamont Settlement Agreement Education Advisory Board's $600,000 Expenditure Plan for FY 2022-23.
26 ATTACHMENT 3
CM/74/438 Minutes MARCH 28, 2022

5.8 Resolution 2022-036 rescinding the previous Recycled Procurement Policy and replacing with an Environmentally Preferable Purchasing and Practices policy
Recommendation: Staff recommended the City Council adopt a resolution rescinding the previous Recycled Procurement Policy and replace it by approving an Environmentally Preferable Purchasing and Practices policy.

6. PUBLIC HEARINGS
ITEM 6.1 – Mayor Woerner reordered the agenda to hear Item 6.1 at the beginning of the meeting.

6.2 Hearing to consider the Housing Element Annual Progress Report, which tracks the City’s progress towards implementing the Housing Element of the General Plan and meeting its Regional Housing Need Allocation (RHNA), pursuant to Government Code Section 65400 Recommendation: Staff recommended the City Council adopt a resolution accepting the 2021 Housing Element Annual Progress Report.

Associate Planner Tricia Pontau presented the staff report.

Mayor Woerner opened the public hearing.

There were no speakers and the hearing was closed.

CM Munro requested that city staff explore options for how this information could be shared with the public in a meaningful way.

ON THE MOTION OF CM MUNRO, SECONDED BY VM BONANNO AND
CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Resolution 2022-037 accepting the 2021 Housing Element Annual Progress Report.

7. MATTERS FOR CONSIDERATION – NONE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
AJ’s Bike Ribbon Cutting Grand Opening CM Kiick, CM Carling, CM Munro, VM Bonanno, and the Mayor noted their attendance at the ribbon cutting on March 18, 2022.

Police Department Continuing Education CM Kiick and the Mayor noted their 27 ATTACHMENT 3
MARCH 28, 2022 Minutes CM/74/439
participation in the training.

Tri-Valley Transportation Commission CM Kiick noted her attendance at the Strategic Expenditure Plan subcommittee meeting.

Tri-Valley Haven Food Pantry CM Carling, CM Munro, and VM Bonanno noted their attendance at the grand opening
Khivi Care CM Carling noted his attendance at the ribbon cutting on March 17, 2022.

Kumon Math and Reading Center of Livermore-Springtown CM Carling noted his attendance at the ribbon cutting on March 21, 2022.

Cub Scout Meeting CM Carling noted his meeting with a local cub scout on March 21, 2022
Eagle Scout Ceremony CM Carling and VM Bonanno noted their attendance at the ceremony on March 26, 2022.

Climate Action Plan Subcommittee CM Carling and VM Bonanno noted they met with city staff on March 15, 2022 and March 24, 2022 to work on the climate action plan.

Meals on Wheels CM Munro and VM Bonanno noted their participation in meal drop off on March 25, 2022.

City Council Norms and Values CM Munro asked that an item be added to the discussion related to when it is appropriate for the City Council to take symbolic action in response to national and international events.

8. ADJOURNMENT – at 8:17 pm to a Regular City Council meeting on April 11, 2022 at 7:00 p.m., Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue, and held virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
28 CITY COUNCIL STAFF REPORT
ITEM NO. 4.2

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Adopt an Ordinance
amending Title 2, Chapter 2.14,
Elections
, of the Livermore
Municipal Code regarding City Council Districts and amending the boundaries and descriptions of the districts as indicated in Exhibit A

RECOMMENDED ACTION

Staff recommends City Council adopt an Ordinance amending Title 2, Chapter 2.14, Elections
, of the
Livermore Municipal Code updating the City Council District Map and amending the boundaries and descriptions of each District.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Ordinance

2. Exhibit A - Amended and Restated Chapter 2.14, Election

3. Exhibit B - District Map

Prepared by: Marie Weber
City Clerk

29 Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
30 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.14, ELECTIONS, OF THE

LIVERMORE MUNICIPAL CODE REGARDING CITY COUNCIL DISTRICTS AND

AMENDING THE BOUNDARIES AND DESCRIPTIONS OF THE DISTRICTS Every ten years, cities with by-district elections are required to use new census data to review and redraw district lines to reflect population changes.

This redistricting process ensures that all districts within a city have nearly an equal number of people residing within each district.

The City of Livermore transitioned to a district-based election system on November 26, 2018. As a result of the 2020 federal decennial census, the City Council is required to update the district boundaries prior to the November 8, 2022, General Municipal Election.

Although the City recently went through the districting process in 2018, the Council districts that were created reflected the population totals from the 2010 census.

Under the requirements of California Elections Code section 21608, the City created a redistricting website that included agendas, notices, draft maps, a hearing calendar, the procedure for submitting testimony, a recording of each hearing, meeting minutes, and public participation tools.

The City took specific steps to encourage residents, including those in underrepresented communities and non-English speaking communities, to participate in the redistricting process.

Pursuant to state law, the City held a total of five public hearings at the fixed time of 7:05 p.m., which included two public hearings regarding the potential voting district boundaries prior to the release and consideration of any draft voting district maps and two public hearings following the release of draft voting district maps. Spanish translation services were provided at all public hearings.

On October 11, 2021 and January 24, 2022, the City Council held public hearings to consider input from the public on the composition of the Council districts.

The City Council considered all oral and written information, testimony, and comments received during the public review process.

On February 4, 2022, the City published and made available for release, all of the draft maps under consideration. The draft maps were made available on the City’s website and the public was invited to provide comments. On February 14, 2022, the City Council considered the draft maps and comments received by the public and provided direction to the demographer to revise such maps. 31 On February 18, 2022, the City published four additional focus maps on the website and invited the public to provide comments.

At a public hearing on March 14, 2022, the City Council voted to proceed with a revised map.

On March 16, 2022, consistent with the provisions of California Elections Code section 21608(d)(1), the City published on the website the final map selected by the City Council. The final map was made available on the City’s website and the public was invited to provide comments seven days prior to the first reading of the ordinance.

Under the provisions of California Elections Code section 21607.1, a recording of each public hearing was made available immediately following each meeting and meeting minutes were posted immediately following City Council approval.

The City desires to amend Title 2, Chapter 2.14, Elections, of the Municipal Code to include revisions to district boundaries.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Findings and Declarations. The City Council finds and declares that the final map attached as Exhibit B to this resolution meets all of the requirements of state law including, but limited to, that the modified Council Districts:

A, Are substantially equal in population;
B. Comply with the U.S. Constitution, the California Constitution, and the federal Voting Rights Act;
C. Are geographically contiguous;
D. Minimize the division of local neighborhoods and local communities of interest;
E. Create district boundaries that residents can easily identify and understand;
F. Are compact in size; and
G. Are not adopted to favor or discriminate against a political party.

Section 2. Environmental. The City Council finds that the proposed amendments to the Livermore Municipal Code are exempt from the requirements of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 32 Section 3. Amendment. Title 2, Chapter 2.14, Elections, of the Livermore Municipal Code is amended as set forth in Exhibit A attached hereto. The deletions are shown using a strikethrough and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

Section 4. Minor Adjustments. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make minor adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 5. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 6. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 7. Effective date. This Ordinance shall take effect 30 days after its adoption.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on March 28, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Mayor, City of Livermore
33 ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Amended and Restated Chapter 2.14, Election Exhibit B – District Map
34 Article Ill. District Elections

2.14.080 District-Based Elections System.

A. Pursuant to California Go vernment C ode Section 34886 and 34871(c), Counc
il members shall be elected on a district-based elections system in four single- member districts. For purposes of this article, the term "di
strict-based elections system" shall mean the election of members of the City Council by the voters of the district alone.

B. Exc ept as provided in subsection C of this section, the Council member elected to represent a district must live in that district and be a register
ed voter in that district, and any candidat e for City Council must liv
e in, and be a registered voter in, t he district in which he or she seeks election at the time nomi nation papers are issued, pursuant to Cali fornia Government Code Section 34882 and E
lections Code Section 10227.

C. A Council member in office at the time thi s article takes effect shall continue in
office until the expiration of the full term to which he or she was elected
or appointed and until his or her successor is qualified. If vacancies in Council member offices elected at-l arge occur before ex piration of the ful
l term thereof, such va cancies shall be filled according to law from the C
ity at-large.

D. Upon expiration of the full te rm of each Council member electe d at-lar
ge, that Council member's succe ssor shall be elected on a by-district b
asis in the districts established in LMC 2.14.090 (A) and (B) and as provided in LM
C 2.14.100.

2.14.090. Districts.

A Subject to LMC 2.14.100, City Council members shall be elected on a by-district basis from the Council districts depicted on the map attached to the ordinance codified in this article, which is as Exhibit AB to that ordinance and incorporated by this reference. To the extent there is a conflict between the map incorporated herein and the descriptions contained in subsection B of this section, the map shall prevail.

B. The Districts are as follows:

EXHIBIT A
35 1. Di strict 1: All that portion of the city of Livermore lying westerly of the following described line: Beginning at the intersection of E Stanley Boulevard and the westerly boundary of the city of Livermore, and proceeding easterly along E Stanley Boulevard to t he A rroyo Macho, and proceeding southeasterly along the Arroyo Macho to Arroyo Road, and proceeding southerly along Arroyo Road to Ro bertson Park Road, and proceeding easterly along Robertson Park Road to the easterly boundary of the city of Livermore, and proceeding northerly al ong the boundary of the city of Livermore to S Livermore Avenue, an d proceeding northwesterly along S Livermore Avenue to N Livermore Avenue, and proceeding northerly along N Livermore Avenue to Portola Aven ue, and proceeding westerly al ong Portola Avenue to the northern bo undary of the city of Livermore. All the portion of the City of Livermore contained within this boundary: Beginning at the intersection of the westerly boundary of the City of Livermore and East Stanley Boulevard; thence proceeding easterly along East Stan ley Boulevard to Arroyo Mocho;: thence proceeding southeasterly along Arroyo Mocho to Holmes Street; thence proceeding northerly along Holmes Street to 4th Street; thence proceeding northeasterly along 4th Street to South Livermore Avenue; thence proceeding southeasterly along South Livermore Avenue to East Avenue; thence proceeding easterly along East Avenue to Maple Street; thence proceeding northwesterly along Maple Street to 5th Street; thence proceeding northeasterly along 5th Street to Church Street; thence proceeding northwesterly along Church Street to 1st Street; thence proceeding southwesterly along 1st Street to Old 1st Street; thence proceeding nor therly along Old 1st Str eet to Junction Avenue; thence proceeding northwesterly along Junction Avenue to Ladd Avenue; thence proceeding northeasterly along Ladd Avenue to Lee Avenue; thence proceeding northerly along Lee Avenue to Portola Avenue; thence proceeding westerly along Portola Avenue to the northerly boundary of the City of Livermore; thence proceeding westerly along the City of Livermore City Limits boundary line courses in a counterclockwise direction to East Stanley Boulevard and the point of beginning of this description.

2. Di strict 2: All the portion of the city of Livermore lying northerly of the following described line: Beginning at the intersection of Portola Avenue and the northerly boundary of the city of Livermore, and proceeding southerly along Portola Avenue to N Livermor e Avenue, and proceeding southerly along N Livermore Avenue to Junction Avenue, and proceedi ng southeasterly along Junction Avenue to rail line, and proc eeding easterly along rail line to First Street, and proc eeding northeasterly along First Street to Interstate 580, and proceeding easter ly along Interstate 580 to the point directly south of the in tersection of Altamont Pass Road and the boundary of the city of Livermor e, and proceeding north to the easterly boundary of the city of Livermore. All the portion of the City of Livermore contained within this boundary: Beginning at the intersec tion of the northerly boundary of the City of Livermore and Portola Avenue; thence proceeding southerly along Portola Avenue to Lee Avenue; thence proceeding southerly along Lee Avenue

EXHIBIT A
36 to Ladd Avenue; thence proceeding southwesterly along Ladd Avenue to Junction Avenue; thence proceeding sout heasterly along Junction Avenue to Old 1st Street; thence proceeding southwesterly along Old First Street to 1st Street; thence proceeding northeasterl y along 1st Street to railroad, and proceeding easterly along railroad to fork of railroad nearest Arroyo Las Positas; thence proceeding easterly along southernmost fork of railroad to the easterly boundary of the City of Livermore; thence proceeding along the City of Livermore City Limits boundary line courses in a counterclockwise direction to Portola Avenue and the point of beginning of this description.

District 3: All the portion of the city of Livermore lying easterly of the following described line: Beginning at the inte rsection of S Livermore Avenue and the easterly boundary of the city of Livermore, and proceedi ng northwesterly along S Livermore Avenue to N Livermore Avenue, and proceeding northerly along N Livermore Avenue to Ju nction Avenue, and proceeding southeasterly along Junction Avenue to rail line, and proceeding easterly along rail line to First Street, and proceeding northeasterly along First Street to Interstate 580, and proc eeding easterly along Inte rstate 580 to the point directly south of the intersection of Altamont Pass Road and the boundary of the city of Livermore, and proceeding north to the easterly boundary of the city of Livermore. All the portion of the City of Li vermore contained within this boundary: Beginning at the intersection of the southerly boundary of the City of Livermore and Robertson Park Road; thence proceeding westerly along Robertson Park Road to Arroyo Road; thence proceeding northerly along Arroyo Road to Arroyo Mocho; thence proceedi ng westerly along Arroyo Mocho to Holmes Street; thence proceeding northerly along Holmes Street to 4th Street; thence proceeding northeasterly along 4th Street to South Livermore Avenue; thence proceeding southeasterly along South Livermore Avenue to East Avenue; thence proceeding easterly along East Avenue to Maple Street; thence proceeding northwesterly along Maple Street to 5th St reet; thence proceeding northeasterly along 5th Street to Church Street; thence proceeding northwesterly along Church Street to 1st Street; thence proceeding northeasterly along 1st Street to railroad; thence proceeding easte rly along railroad to fork of railroad nearest Arroyo Las Positas; thence proceeding easterly along southernmost fork of railroad to the easterly boundary of the City of Livermore; thence proceeding along the City of Livermore City Limits boundary line courses in a clockwise direction to Robertson Park Road and the point of beginning of this description.

4. District 4: All the portion of the city of Livermore lying southerly of the following described line: Beginning at the intersection of E Stanley Boulevard and the westerly boundary of the city of Livermore, and proceeding easterly along E Stanley B oulevard to the Arroyo Mocha, and proceeding southeasterly along the A rroyo Macho to A rroyo Road, and proceeding southerly along Arroyo Road to Robertson Park Road, and proceeding easterly along Robertson Pa rk Road to the easterly boundary

EXHIBIT A
37 of the city of Livermore. All the portion of the City of Livermore contained within this boundary: Beginning at the intersec tion of the southerly boundary of the City of Livermore and Robertson Park Road; thence proceeding westerly along Robertson Park Road to Arroyo Road; thence proceeding northerly along Arroyo Road to Arroyo Mocho; thence proceeding westerly along Arroyo Mocho to East Stanley Boulevard; thence proceeding westerly along East Stanley Boulevard to the westerly boundary of the City of Livermore; thence proceeding along the City of Livermore City Limits boundary line courses in a clockwise direction to Robertson Park Road and the point of beginning of this description.

C. The Council districts specified in subsections A and B of this section shall continue in effect unt il they are amended or repealed in accordance with law.

2.14.100. Election Schedule.

Except as otherwise required by Ca lifornia Government Code Section 36512, Council m embers shall be elected in Council dDistricts 3 and 4 beginning at the general municipal election in Nove mber 2020, and continue every four years thereafter. Coun cil members shall be elected in Council dDistricts 1 and 2 beginning at the general municipal election in November 2022, and continue every four years thereafter. The election schedule for the mayor is no t affected by this section.

EXHIBIT A
38 Proposed Final Plan

EXHIBIT B
39 CITY COUNCIL STAFF REPORT
ITEM NO. 4.3

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolutions authorizing the acceptance of grant funds from Alameda County Transportation Commission for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements and approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements Active Transportation Plan (ATP), Project Number 2021-35.

RECOMMENDED ACTION

Staff recommends the City Council adopt resolutions:

1 .

Approving an appropriation of $217,000 for the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements ATP, Project Number 2021-35, in FY 2022-23.

SUMMARY
The City applied for and was awarded $323,000 in the Alameda County Transportation Commission's (Alameda CTC) 2022 Comprehensive Investment Plan Grant (Grant) for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements. These improvements are identified as high priorities in the City’s 2018 Bicycle, Pedestrian, & Trails Active Transportation Plan.

Alameda CTC’s Grant Program requires the grantee to authorize, by resolution, the acceptance of the grant. The Grant requires a 25% local match. The crossing improvements will be completed under Concannon Blvd. at Robertson Park Rd. Crossing Enhancements ATP, Project Number 2021-35, and an appropriation in the amount of $217,000 in FY 2022-23 is required to begin implementation of the crossing improvements.

DISCUSSION
Concannon Boulevard is a major east-west arterial roadway which serves the southern portion of the 40 city. The pedestrian crossings on Concannon Boulevard at Robertson Park Road and at Epson Street are identified in the City’s 2018 Bicycle, Pedestrian, & Trails Active Transportation Plan (ATP) as high priority intersections for crossing improvements. The ATP proposes curb bulb-outs, signing and striping improvements at both intersections with a new rectangular rapid flashing beacon system with pedestrian/bicycle actuation buttons at Concannon Boulevard and Robertson Park Road. Improvements to both intersections will provide better connectivity from the trail on the east side of Concannon Boulevard to Robertson Park Road and will provide pedestrians a safer route from the residential neighborhood on the south side of Concannon Boulevard to Karl Wente Park and Sunset Elementary School on the north.

The Alameda CTC is responsible for the planning, programming and allocation of federal, state, regional, and transportation sales tax funding for transportation improvements throughout Alameda County. The city applied for and was awarded $323,000 in Alameda CTC's 2022 Comprehensive Investment Plan Grant (Grant) for these proposed crosswalk improvements. If approved by the City Council, the project design and environmental assessment will be completed in FY 2022-23 and construction will start in FY 2022-23 and be completed by the grant expenditure deadline of December 2023.

ENVIRONMENTAL DETERMINATION

The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State California Environmental Quality Act (CEQA) Guidelines) and therefore CEQA is not applicable. CEQA review and determination will be completed for the project in the design phase.

FISCAL AND ADMINISTRATIVE IMPACTS
The Alameda CTC’s Grant requires a 25% local match. This project was considered in the preparation of the FY 2021-23 Capital Improvement Plan, but no funding was recommended at the time of adoption.

The estimated total project cost is $435,000 and staff is requesting a budget appropriation of $162,000, a portion of the awarded grant from Local & Other Grants (F624), and $55,000 in Gas Tax-SB1 (F651), for a total appropriation of $217,000 in FY 2022-23. The proposed Gas Tax-SB1 funding would satisfy the 25% local match requirement. An appropriation of $218,000 to complete the project will be requested with the adoption of FY 2023-25 Capital Improvement Plan.

Fund
Fund Name
Proposed Appropriation
FY 2022 - 2023
624
Local & Other Grant
$162,000
651
Gas Tax-SB1
$ 55,000
Total
$217,000

ATTACHMENTS

1. Location Map

2. Resolution - Accepting Grant

3. Exhibit A - Alameda CTC Agreement No. A22-0031

4. Resolution - Appropriating Funds

41 Prepared by: Julie Chiu

Associate Civil Engineer

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
42 Robertson Park/Concannon and Epson/Concannon Crossing This map is based on the City of Livermore GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for the contents hereon.
16,863Livermore IT, GIS Services
2,810.6
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet2,810.60 1,405.29
Scale:

Concannon Boulevard at
Epson Street
Concannon Boulevard at
Robertson Park Road
Concannon Boulevard/Robertson Park Road and Concannon Boulevard/Epson Street Crossings ATTACHMENT 1
43 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF LIVERMORE

ACCEPTING FUNDS FROM THE ALAMEDA COUNTY TRANSPORTATION

COMISSION FOR THE ROBERTSON PARK/CONCANNON AND

EPSON/CONCANNON CROSSING IMPROVEMENTS
(Concannon Blvd. at Robertson Park Road Crossing Enhancements ATP, Project Number 2021-35, Alameda CTC Agreement No. A22-0031/Project No. 1575000) The City of Livermore is a general law city of the State of California.

Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs consisting of 2000 Measure B, 2010 Vehicle Registration Fee, 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs for projects and programs that benefit the Alameda County transportation system, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
City of Livermore (“FUND RECIPIENT”) submitted a funding application to the ALAMEDA COUNTY TRANSPORTATION COMMISSION (“ALAMEDA CTC”) requesting $323,000 funding for the Robertson Park/Concannon and Epson/Concannon Crossing Improvements (“PROJECT”) from the ALAMEDA CTC‘s programming and allocation process of ALAMEDA CTC‘s administered fund sources; and The PROJECT will implement safety improvements identified for the Robertson Park/ Concannon and Epson/Concannon Crossing Improvements identified in the City’s 2018 Bicycle, Pedestrian, & Trails Active Transportation Plan.

ALAMEDA CTC awarded $323,000 in ALAMEDA CTC ADMINISTERED FUNDS for the implementation and delivery of the PROJECT to the FUND RECIPIENT; and As part of the requirements to receive ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT, ALAMEDA CTC requires a resolution adopted by the responsible funding recipient stating the following:

1. Commitment of FUND RECIPIENT’s matching funds against the awarded ALAMEDA CTC ADMINISTERED FUNDS; and

2. Confirmation of FUND RECIPIENT understanding that the amount of ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT is capped at the amount awarded by ALAMEDA CTC, and therefore any cost increase cannot be expected to be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and

3. Confirmation FUND RECIPIENT shall complete the project as described in the funding application and the subsequent funding agreement between ALAMEDA CTC and the FUND RECIPIENT; and
44 RESOLUTION NO. ________

4. Confirmation PROJECT will comply with all the project-specific requirements set forth in the ALAMEDA CTC Project Funding Agreement “AGREEMENT”.

NOW, THEREFORE, BE IT RESOLVEDthat FUND RECIPIENT agrees to accept award of $323,000 in ALAMEDA CTC ADMINISTERED FUNDS; and BE IT FURTHER RESOLVEDthat FUND RECIPIENT, by adopting this resolution, does hereby state that:

1. FUND RECIPIENT will provide $108,000 in matching funds, and $4,000 in other non-match funds, consisting of Gas Tax-SB1; and

2. FUND RECIPIENT understands that the amount of ALAMEDA CTC ADMINISTERED FUNDS funding for the project is capped at the amount awarded by ALAMEDA CTC, and that any cost increases will be funded through other means by the FUND RECIPIENT, and will not to be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and

3. PROJECT will be implemented as described in the APPLICATION, AGREEMENT, and in this resolution; and

4. FUND RECIPIENT and the PROJECT will comply with the requirements as set forth in the AGREEMENT; and therefore
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the APPLICANT ability to implement and deliver the proposed PROJECT; and
BE IT FURTHER RESOLVEDthat FUND RECIPIENT authorizes its City Manager, or designee to execute a funding AGREEMENT with ALAMEDA CTC for ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT as referenced in this resolution; and BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to ALAMEDA CTC.

On motion of Councilmember , seconded by
Councilmember , the City Council passed the foregoing
resolution on April 11, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
45 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A- ALAMEDA CTC AGREEMENT NO. A22-0031
46 Alameda CTC Agreement No. A22-0031
Project No. 1575000

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PROJECT FUNDING AGREEMENT
b
etween

ALAMEDA COUNTY TRANSPORTATION COMMISSION
a
nd the

CITY OF LIVERMORE
f
or the

ROBERTSON PARK/CONCANNON AND EPSON/CONCANNON CROSSING IMPROVEMENTS This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of July 22, 2 021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (
“ALAMEDA CTC”), and the CITY OF LIVERMORE, a public agency (“PROJECT SPONSOR”).

T
his AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as in
dicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in
Recital K below.
☒ 2
000 Measure B
☐ 2
014 Measure BB
☐ V
ehicle Registration Fee
☐ T
ransportation Fund for Clean Air
☐ C
MA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on

EXHIBIT A
47 Alameda CTC Agreement No. A22-0031
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each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, A
LAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. A
LAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set

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forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION I

PROJECT SPONSOR AGREES:

1. P
ROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference.

a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

EXHIBIT A
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3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. P
ROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with A
LAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this A
GREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the P ROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

EXHIBIT A
50 Alameda CTC Agreement No. A22-0031
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11. The cost of maintenance, security, or protection performed by P ROJECT SPONSOR or third- party contractors during any temporary suspension of activities associated with the P ROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

13. PROJECT SPONSOR shall invite A LAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

16. P
ROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by A
LAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not

EXHIBIT A
51 Alameda CTC Agreement No. A22-0031
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incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. P
ROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. P
ROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT.

a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.

b. P
ROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.

20. P
ROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT.

a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through

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this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.

b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.

c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.

d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this A
GREEMENT, SPONSOR shall also document that
the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.

e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with A

LAMEDA CTC
ADMINISTERED FUNDS received through this AGREEMENT.

22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

23. P
ROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

24. P
ROJECT SPONSOR shall render a report or answer any and all inquiries, upon A LAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of A LAMEDA CTC ADMINISTERED FUNDS before the A LAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

EXHIBIT A
53 Alameda CTC Agreement No. A22-0031
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25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the P
ROJECT was not implemented in accordance with the AGREEMENT.

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this A
GREEMENT, PROJECT SPONSOR shall submit a TFCA
Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II

ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

3. A
LAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. A
LAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

SECTION III

IT IS MUTUALLY AGREED AS FOLLOWS:

EXHIBIT A
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1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by A
LAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. A
LAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this A
GREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset A

LAMEDA CTC
ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.

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7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A: Project Control Information, and P ROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of A LAMEDA CTC ADMINISTERED FUNDS obligated by this A GREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by A LAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

12. A
LAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

EXHIBIT A
56 Alameda CTC Agreement No. A22-0031
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ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this A
GREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “A
LAMEDA CTC Share” shall mean the
percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to A
LAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA.

a. If any property is acquired for the P
ROJECT using ALAMEDA CTC ADMINISTERED FUNDS
to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date A
LAMEDA CTC ADMINISTERED FUNDS were paid
to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC.

b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the P
ROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”.

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c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT.

d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using A

LAMEDA CTC ADMINISTERED FUNDS,
PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.

e. If P
ROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.

f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to A

LAMEDA CTC,
within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, A LAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of A
LAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

17. P
ROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):

a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.

b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by P
ROJECT.

EXHIBIT A
58 Alameda CTC Agreement No. A22-0031
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c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization.

d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.

e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.

f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by

EXHIBIT A
59 Alameda CTC Agreement No. A22-0031
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ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this A GREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this A GREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this A GREEMENT, the prevailing party
shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT.

26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]

EXHIBIT A
60 Alameda CTC Agreement No. A22-0031
Project No. 1575000

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CITY OF LIVERMOVE
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Marc Roberts Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration

Approved as to Legal form:

Approved as to Legal Form:

By:

Tara Mazzanti
Assistant City Attorney Date
Legal Counsel to the CITY OF LIVERMORE
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

EXHIBIT A
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Project No. 1575000

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LIST OF APPENDICES
APPENDIX A: P ROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail

APPENDIX B: A LAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT

APPENDIX C: A LAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS

APPENDIX D: L OCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS

APPENDIX E: D ELIVERABLES AND DUE DATES

APPENDIX F: P ROJECT PERFORMANCE MEASURES

A
PPENDIX G: T RANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects

Note: Appendix G is
only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

EXHIBIT A
62 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION

Appendix Index

Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail

EXHIBIT A
63 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION

Project Description
The project will include the design and construction of bicycle/pedestrian improvements at the intersection of Robertson Park Rd/Concannon Blvd and Epson St/Concannon Blvd.

Improvements will include relocating curbs, adding pedestrian/bicycle actuation buttons, and/or improving intersection marking and signage.

Project Limits
• Robertson Park Rd/Concannon Blvd
• Epson St/Concannon Blvd

EXHIBIT A
64 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

FINAL DESIGN (PS&E)
• Development of final plans and specifications related to the PROJECT

CONSTRUCTION
Construction includes the following:
• relocating curbs
• adding pedestrian/bicycle actuation buttons
• improving intersection marking and signage

EXHIBIT A
65 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE

Phase/Milestone
Begin

End

Final Design (PS&E) 07/2022 12/2022
Construction
Release Advertisement 01/2023 03/2023
Contract Award 03/2023 04/2023
Construction Activities 04/2023 10/2023
Project Closeout 10/2023 12/2023

EXHIBIT A
66 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PHASE
Alameda CTC
Administered
Funds
Sponsor
Funds
Other Non-
Match Funds
Total
Funding
2000 Measure B
Disc-BP
Local
Funds
Final Design (PS&E) $81,000 $27,000 $- $108,000
Construction $242,000 $81,000 $4,000 $327,000
Total
Project Cost $323,000 $108,000 $4,000 $435,000

EXHIBIT A
67 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds)

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

Project Funding Summary by Phase and Reimbursement Ratio PHASE
Alameda CTC
Administered
Funds
Matching
Funds

Reimbursement
Ratio
Percentage

Other Non-
Match
Funds
Total
Funding
2000 Measure
B Disc-BP
Final Design
(PS&E) $81,000 $27,000 75% $- $108,000
Construction $242,000 $81,000 75% $4,000 $327,000
Total
Funding $323,000 $108,000 $4,000 $435,000

Notes:
• PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.

EXHIBIT A
68 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

FINAL DESIGN (PS&E) 2000 Measure B
Disc-BP
Matching
Funds
Other Non-
Match
Funds
Total Cost
Staff/Labor Cost $- $- $- $-
Contract(s)/Other Direct Cost $81,000 $27,000 $- $108,000 Total Phase Cost
(Staff + Contract Costs) $81,000 $27,000 $- $108,000

CONSTRUCTION 2000 Measure B
Disc-BP
Matching
Funds
Other Non-
Match
Funds
Total Cost
Staff/Labor Cost $- $16,000 $4,000 $20,000
Contract(s)/Other Direct Cost $242,000 $66,000 $- $308,000 Total Phase Cost
(Staff + Contract Costs) $242,000 $81,000 $4,000 $327,000

Notes:
• Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

EXHIBIT A
69 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2000 MB Disc-BP Final Design 7/22/2021 7/1/2021 The Agreement Expiration Date
serves as the
expenditure deadline
date.
$81,000
2000 MB Disc-BP Construction 7/22/2021 7/1/2022 $242,000

Total Alameda CTC Administered Funds Obligated by AGREEMENT: $323,000

Agreement Expiration Date: 12/31/2023

Notes:

1. A
LAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when A
LAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both A LAMEDA CTC and BAAQMD.

EXHIBIT A
70 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix B - Page 2
APPENDIX B (CONT.)

Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 22/23 Q1/Q2 2000 MB $81,000 $81,000
2 FY 22/23 Q2/Q3 2000 MB $81,000 $162,000
3 FY 23/24 Q1/Q2 2000 MB $161,000 $323,000

Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by A LAMEDA CTC shall be deferred until
the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.

EXHIBIT A
71 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31
st
By January 31st
By April 30th
By July 31st
☒
Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30
By January 31
st
By July 31st
☐
Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30

By July 31
st

☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-gra nt-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form

EXHIBIT A
72 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:

• Sample template language for professional and construction services is available from A LAMEDA
CTC’s website: https://www.alamedactc.org/get-involved/contract-equ ity

• Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/get- involved/contracting-forms/

• The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.

• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472

EXHIBIT A
73 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Copy of Final Design Concepts and/or Specifications December 31, 2022 2 Copy of Request for Proposal/Bid for Construction February 28, 2023 3 Progress Report #1: July to December 2022 January 31, 2023 4 Progress Report #2: January to June, 2023 July 31, 2023 5 Progress Report #3: July to December 2023 January 31, 2024 6 Photos of Project Completion By the Agreement Expiration Date 7 Final Invoice By the Agreement Expiration Date
8 Final Report By the Agreement Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

EXHIBIT A
74 Alameda CTC Agreement No. A22-0031
Project No. 1575000

Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Appendix F is Not Applicable.

EXHIBIT A
75 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING APPROPRIATION OF FUNDS FOR THE
CONCANNON BLVD. AT ROBERTSON PARK ROAD CROSSING
ENHANCEMENT ATP, PROJECT NUMBER 2021-35
Crosswalk improvements at Concannon Boulevard at Robertson Park Road, and Concannon Boulevard at Epson Street will improve safety and connectivity for pedestrians and bicyclist. The crossing improvements will be completed under the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements ATP, Project Number 2021-35, and an appropriation in the amount of $217,000 in FY 2022-23 is required to complete the design and start construction of the improvements.

A future appropriation of approximately $218,000 will be needed to complete this project. This additional funding will be requested in the FY 2023-25 Capital Improvement Plan that the City Council will consider in spring 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the 2021-2023 Capital Improvement Plan is amended to include the Concannon Blvd. at Robertson Park Rd. Crossing Enhancements ATP, Project Number 2021-35 with an appropriation of $162,000 in Local & Other Grants (Fund 624), and $55,000 in Gas Tax-SB1 (Fund 651) for a total appropriation of $217,000 in fiscal year 2022-23.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
76 CITY COUNCIL STAFF REPORT
ITEM NO. 4.4

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolutions authorizing acceptance of grant funds from Alameda County Transportation Commission for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way and approving a supplemental appropriation of $123,000 in grant funds for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

RECOMMENDED ACTION

Staff recommends the City Council adopt resolutions:
1 .

Approving a supplemental appropriation of funds in FY 2022-23 for the Crosswalk Safety Improvements 2022, Project Number 2022-06.

SUMMARY
The city applied for and was awarded a $101,000 Safe Routes to School Grant (Grant) from the Alameda County Transportation Commission (Alameda CTC) for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way. These pedestrian crossing improvements are identified in the 2019 School Site Assessment performed by Alameda CTC for Lawrence Elementary School.

The Grant requires the grantee to authorize, by resolution, the acceptance of the grant. The Grant also requires a 1-1 local funding match. The crossing improvements will be completed under Crosswalk Safety Improvements 2022, Project Number 2022-06. A supplemental appropriation of $123,000 in FY 2022-23 is required to begin implementation of the crossing improvements.

DISCUSSION
Portola Avenue is a major east-west arterial roadway serving northern and central Livermore. The crosswalks at the Portola/Enos intersection provide access to Lawrence Elementary School, located at 77 Fund
Fund Name
FY 2022-2023
FY 2023-
2024
Total
Existing
Appropriation
Proposed
Future
Appropriation
(Not included
in current
request)
2451 Portola Avenue. Parents with school children crossing at this intersection have voiced safety concerns given the speed of traffic and the width of Portola Avenue. The City funds an adult School Crossing Guard at this location.

The Alameda CTC is responsible for the Safe Routes to School Program in Alameda County. In 2019, Alameda CTC conducted a school site safety assessment around Lawrence Elementary School and identified a number of improvements, including Rectangular Rapid Flashing Beacons, yield markings, realignment of crosswalk, curb extensions, and median island to help increase driver awareness of pedestrians, increase compliance in yielding to pedestrians, and shortening the distance and time the pedestrians are in the roadway.

In 2020, the city implemented interim improvements consisting of additional traffic signs and markings, a painted median refuge, and tree trimming to enhance visibility to the crosswalk. The city also applied and was awarded a $101,000 Grant from Alameda CTC for the Lawrence Elementary School Safe Routes to School Improvements at Portola Avenue and Enos Way, which will implement the permanent improvements.

ENVIRONMENTAL DETERMINATION

FISCAL AND ADMINISTRATIVE IMPACTS

T
he funding for the Crosswalk Safety Improvements 2022, Project Number 2022-06, is programmed in the FY 2021-23 Capital Improvement Plan with a budget allocation of $150,000 in Local Vehicle Registration Fee (F681). Staff was successful in securing $101,000 of Alameda CTC’s Safe Route to School Grant and is requesting a supplemental appropriation from Gas Tax SB1 (F651) in FY 2022-23 to expedite the project’s schedule. The Alameda CTC’s Grant requires a 1-1 local match. The grant funds must be expended before December 2023.

A revised budget allocation of $123,000 is requested for FY 2022-23 and an appropriation of $137,000 will be requested for the subsequent Capital Improvement Plan for a total project budget cost of $260,000. Appropriation of $61,500 in Local & Other Grants (F624) and an appropriation of $61,500 in Gas Tax-SB1 (F651) to supplant the previously approved appropriation of $150,000 in Local Vehicle Registration Fees (F681) in FY 2022-23 is required to begin utilizing the awarded grant. The project design, environmental, and starting of construction will occur in FY 2022-2023. An appropriation of approximately $137,000 to complete project construction will be requested with the FY 2023-25 Capital Improvement Plan, which the City Council will consider in spring 2023.

78 624
Local & Other
Grants

$61,500
$61,500
$39,500
$101,000
651
Gas Tax SB1

61,500
61,500
39,500
101,000
681
Local Vehicle
Reg. Fee
$150,000
(150,000)
0 58,000
58,000
Total
$260,000

ATTACHMENTS

1. Resolution - Accepting Grant

2. Exhibit A - Alameda CTC Agreement No. A22-0013

3. Resolution - Supplemental Appropriation

Prepared by: Julie Chiu

Associate Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF LIVERMORE

ACCEPTING FUNDS FROM THE ALAMEDA COUNTY TRANSPORTATION

COMMISSION FOR THE LAWRENCE ELEMENTARY SCHOOL SAFE ROUTES TO

SCHOOL IMPROVEMENTS AT PORTOLA AVENUE AND ENOS WAY
(Crosswalk Safety Improvements 2022, Project Number 2022-06, Alameda CTC Agreement No. A22-0013/Project No. 1557000)
The City of Livermore is a general law city of the State of California.

Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs consisting of 2000 Measure B, 2010 Vehicle Registration Fee, 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs for projects and programs that benefit the Alameda County transportation system, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
City of Livermore (“FUND RECIPIENT”) submitted a funding application (APPLICATION) to ALAMEDA CTC requesting $101,000 for Lawrence Elementary School Safe Routes To School Improvements At Portola Avenue And Enos Way (“PROJECT”) from the ALAMEDA CTC‘s programming and allocation process of ALAMEDA CTC‘s administered fund sources; and
The PROJECT will implement safety improvements identified in the 2019 School Site Assessment performed by the ALAMEDA CTC for Lawrence Elementary School.

ALAMEDA CTC awarded $101,000 in ALAMEDA CTC ADMINISTERED FUNDS for the implementation and delivery of the PROJECT to the FUND RECIPIENT; and As part of the requirements to receive ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT, ALAMEDA CTC requires a resolution adopted by the responsible funding recipient stating the following:

1. Commitment of FUND RECIPIENT’s matching funds against the awarded ALAMEDA CTC ADMINISTERED FUNDS; and

4. Confirmation PROJECT will comply with all the project-specific requirements set forth in the ALAMEDA CTC Project Funding Agreement “AGREEMENT”.

NOW, THEREFORE, BE IT RESOLVEDthat FUND RECIPIENT agrees to accept award of $101,000 in ALAMEDA CTC ADMINISTERED FUNDS; and BE IT FURTHER RESOLVEDthat FUND RECIPIENT, by adopting this resolution, does hereby state that:

1. FUND RECIPIENT will provide $101,000 in matching funds and $58,000 in other non-match funds, consisting of Gas Tax-SB1; and

3. PROJECT will be implemented as described in the APPLICATION, AGREEMENT, and in this resolution; and

On motion of Council Member , seconded by
Council Member , the City Council passed the foregoing
resolution on April 11, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
81 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
Exhibit A- ALAMEDA CTC AGREEMENT NO. A22-0013
82 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Page 1 of 16 ends

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PROJECT FUNDING AGREEMENT
b
etween

ALAMEDA COUNTY TRANSPORTATION COMMISSION
a
nd the

CITY OF LIVERMORE
f
or the

LAWRENCE ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOL IMPROVEMENTS This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of July 22, 2 021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (
“ALAMEDA CTC”), and the CITY OF LIVERMORE, a public agency (“PROJECT SPONSOR”).

T
his AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as in
dicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

EXHIBIT A
83 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Page 2 of 16 ends

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each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all r
esponsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of b
usiness on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its p
redecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E
. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the p
roceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then d
istributes these funds on a reimbursement basis to eligible project sponsors.

G. A LAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally e
stablished by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA T
IP”) by ALAMEDA CTC.

H
. The funding programs administered by A LAMEDA CTC and available for projects and p
rograms that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2 014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

I
. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be p
rogrammed, allocated, and expended for the purpose defined and in accordance with the provisions set

EXHIBIT A
84 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

NOW, THEREFORE, it is agreed by and between the parties as follows:

SECTION I

PROJECT SPONSOR AGREES:

1. P
ROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference.

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

EXHIBIT A
85 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

EXHIBIT A
86 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not

EXHIBIT A
87 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Page 6 of 16 ends

20. P
ROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT.

EXHIBIT A
88 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.

b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.

For TFCA funding obligated through this A
GREEMENT, SPONSOR shall also document that
the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.

LAMEDA CTC
ADMINISTERED FUNDS received through this AGREEMENT.

EXHIBIT A
89 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

SECTION II

ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

3. A
LAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

SECTION III

IT IS MUTUALLY AGREED AS FOLLOWS:

EXHIBIT A
90 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Page 9 of 16 ends

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Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

5. If additional local, state or federal funding is obtained to partially offset A

EXHIBIT A
91 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

8. The laws of the State of California shall govern this AGREEMENT.

EXHIBIT A
92 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

EXHIBIT A
93 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Page 12 of 16 ends

e. If P
ROJECT is suspended, PROJECT SPONSOR shall pay all property management costs.

LAMEDA CTC,
within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, A LAMEDA
CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

17. P
ROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):

b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by P
ROJECT.

EXHIBIT A
94 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.

e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.

EXHIBIT A
95 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

24. Should it become necessary to enforce the terms of this A GREEMENT, the prevailing party
shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

[Signatures on the next page]

EXHIBIT A
96 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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CITY OF LIVERMOVE
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Marc Roberts Date
City Manager
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration

Approved as to Legal form:

Approved as to Legal Form:

By:

Tara Mazzanti Date
Assistant City Attorney
Legal Counsel to the CITY OF LIVERMORE
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

EXHIBIT A
97 Alameda CTC Agreement No. A22-0013
Project No. 1557000

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APPENDIX B: A LAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT

APPENDIX C: A LAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS

APPENDIX D: L OCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS

APPENDIX E: D ELIVERABLES AND DUE DATES

APPENDIX F: P ROJECT PERFORMANCE MEASURES

Note: Appendix G is
only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

EXHIBIT A
98 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION

Appendix Index

EXHIBIT A
99 Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION

Project Description
The City of Livermore will implement improvements identified in the School Site Assessments (SSA) for Lawrence Elementary School to improve safety for active transportation.

This project will include the following improvements on Portola Avenue at the intersection with Enos Way:
• Installation of Rectangular Rapid Flashing Beacons (RRFBs) • Restripe and straighten existing high-visibility crosswalk • Install advance yield markings
• Install curb extensions and raised medians

Project Limits
• Portola Avenue at Enos Way

EXHIBIT A
100
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

FINAL DESIGN (PS&E)
• Development of final plans and specifications related to the PROJECT

CONSTRUCTION
Construction includes the following improvements at Portola Avenue at the intersection with Enos Way:
• Installation of Rectangular Rapid Flashing Beacons (RRFBs) • Restripe and straighten existing high-visibility crosswalk • Install advance yield markings
• Install curb extensions and raised medians

EXHIBIT A
101
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE

Phase/Milestone
Begin

End

Final Design (PS&E) 07/2022 12/2022
Construction
Release Advertisement 01/2023 03/2023
Contract Award 03/2023 04/2023
Construction Activities 04/2023 10/2023
Project Closeout 10/2023 12/2023

EXHIBIT A
102
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 5
APPENDIX A-4

PHASE
Alameda CTC
Administered
Funds
Sponsor
Funds Other Non-
Match Funds
Total
Funding
2000 Measure B
Disc-BP
Local
Funds
Final Design (PS&E) $17,000 $17,000 $21,000 $55,000
Construction $84,000 $84,000 $37,000 $205,000
Total
Project Cost $101,000 $101,000 $58,000 $260,000

EXHIBIT A
103
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds)

The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

Project Funding Summary by Phase and Reimbursement Ratio PHASE
Alameda CTC
Administered
Funds
Matching
Funds

Reimbursement
Ratio
Percentage

Other
Non-
Match
Funds
Total
Funding
2000 Measure
B Disc-BP
Final Design
(PS&E) $17,000 $17,000 50% $21,000 $55,000
Construction $84,000 $84,000 50% $37,000 $205,000
Total Funding $101,000 $101,000 $58,000 $260,000

EXHIBIT A
104
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

FINAL DESIGN (PS&E) 2000 Measure B
Disc-BP
Matching
Funds
Other Non-
Match
Funds
Total Cost
Staff/Labor Cost $- $ 10,000 $- $10,000
Contract(s)/Other Direct Cost $17,000 $7,000 $21,000 $45,000 Total Phase Cost
(Staff + Contract Costs) $17,000 $17,000 $21,000 $55,000

CONSTRUCTION 2000 Measure B
Disc-BP
Matching
Funds
Other Non-
Match
Funds
Total Cost
Staff/Labor Cost $- $ 18,000 $- $18,000
Contract(s)/Other Direct Cost $84,000 $66,000 $37,000 $187,000 Total Phase Cost
(Staff + Contract Costs) $84,000 $84,000 $37,000 $205,000

EXHIBIT A
105
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix B - Page 1

APPENDIX B

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source
Fund
Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
2000 MB Disc-BP Final Design 7/22/2021 7/1/2021 The Agreement Expiration Date
serves as the
expenditure deadline
date.
$17,000
2000 MB Disc-BP Construction 7/22/2021 7/1/2021 $84,000

Total Alameda CTC Administered Funds Obligated by AGREEMENT: $101,000

Agreement Expiration Date: 12/31/2023

Notes:

1. A
LAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

EXHIBIT A
106
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix B - Page 2
APPENDIX B (CONT.)

Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Quarter Fund Source Drawdown
Limitation Amount
Cumulative
Drawdown
Limitation Amount
1 FY 22/23 Q1/Q2 2000 MB $17,000 $17,000
2 FY 22/23 Q3/Q4 2000 MB $44,500 $61,500
3 FY 23/24 Q1/Q2 2000 MB $39,500 $101,000

Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

EXHIBIT A
107
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

By July 31
st

☒
Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-gra nt-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form

EXHIBIT A
108
Alameda CTC Agreement No. A22-0013
Project No. 1557000

Appendix D – Page 1

APPENDIX D

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:

• Sample template language for professional and construction services is available from A LAMEDA
CTC’s website: https://www.alamedactc.org/get-involved/contract-equ ity

• Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472

EXHIBIT A
109
Alameda CTC Agreement No. A22-0013
Project No. 1557000
Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
P
roject Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 Copy of Final Design Concepts and/or Specifications December 31, 2022 2 Copy of Bid for Construction February 28,2023
3 Progress Report #1: July to December 2022 January 31, 2023 4 Progress Report #2: January to June, 2023 July 31, 2023 5 Progress Report #3: July to December 2023 January 31, 2024 6 Photos of Project Completion By the Agreement
E
xpiration Date
7 Final Invoice By the Agreement
E
xpiration Date
8 Final Report By the Agreement
Expiration Date
Note:
• Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due d
eliverables are received and approved.

EXHIBIT A
110
Alameda CTC Agreement No. A22-0013
Project No. 1557000
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
P
roject Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is m
eeting its objectives.

Appendix F is Not Applicable.

EXHIBIT A
111
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING SUPPLEMENTAL APPROPRIATION OF
FUNDS FOR THE CROSSWALK SAFETY IMPROVEMENTS 2022, PROJECT NUMBER 2022-06
Crosswalk improvements at Portola Avenue and Enos Way at Lawrence Elementary School will improve safety for pedestrians and bicyclists. The crossing improvements will be completed under the Crosswalk Safety Improvements 2022, Project Number 2022-06, and an appropriation in the amount of $260,000 is required to design the crossing improvements in FY 2022-2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that a supplemental appropriation of $61,500 in Local & Other Grants (F624), and $61,500 in Gas Tax-SB1 (F651) for a total appropriation of $123,000 to supplant the previously approved appropriation of $150,000 in Local Vehicle Registration Fees (F681) in FY 2022-23 is approved.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti
City Clerk Assistant City Attorney
112

CITY COUNCIL STAFF REPORT
ITEM NO. 4.5

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Anwan Baker, Library Director
SUBJECT:

Resolution ratifying an agreement with the California State Library to accept a $27,274 grant to be used to support the Livermore Public Library's English as a Second Language (ESL) programs and services, and approving appropriation of these funds during FY 2021-22

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Approving the appropriation authorizing the expenditure of the accepted funds in FY 2021-22.

SUMMARY
The California State Library has made funds available to libraries within the State for use in developing and supporting ESL programs and services. Of these available funds, the State determined that the City of Livermore was eligible to receive $27,274.

The California State Library dictates that these funds should be distributed to recipient libraries and expended by the end of the fiscal year on June 30, 2022.

Due to the timing of the announcement of the availability of these funds, the time needed to prepare an item for City Council consideration, and the State’s request for the Library to submit their required agreement as soon as possible, the City reviewed and executed the agreement prior to City Council consideration with plans to seek ratification of the agreement. Ratification of the agreement is now required to formally accept the referenced grant funds.

As these funds were unanticipated, the City could not have entered these items into the budget at the beginning of the fiscal year; upon ratification of the executed agreement, the appropriation of these funds for expenditure during the current fiscal is required.
113

DISCUSSION
The Livermore Public Library's strategic objectives state that the Library will promote literacy in all its forms to help people fulfill their life goals and be more active and engaged community members; will affirm equity and inclusion by reflecting the diverse local community in staffing, materials, and services offered; and will enable all community members to participate in and benefit from library services by increasing their awareness of and accessibility to these resources. Efforts to support English learners are among the most important activities of the Library and they meet all three strategic objectives.

Accepting grants from the California State Library is a logical undertaking in that it allows the Livermore Public Library to be more and do more for community members who have taken the first step to improve their personal outcomes.

In addition to covering the salaries and benefits of those employees directly working with and supporting English learners and tutors, funds will be used for supplies, guides, materials, and learning supports.

Funds will also be used for an online database that will help manage, support, and assist learners and their assigned tutors, while also measuring the impact of the combined efforts.

FISCAL AND ADMINISTRATIVE IMPACTS

Of the $27,274 in proposed grant funds, $14,774 has been designated to cover salary and benefits of Library staff members who are supporting ESL efforts. These efforts include direct support to English learners, tutor trainings, and statistical/database tracking. Staff hours needed for Library efforts have not yet been finalized, but the grant funds will result in a reduction in the use of general funds for Library salaries.

ATTACHMENTS

1. Resolution

2. Exhibit A - California State Library State Funded Grants Award Agreement and Certificate of Compliance

Prepared by: Allen McFarland
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION RATIFYING AN AGREEMENT WITH THE
CALIFORNIA STATE LIBRARY TO ACCEPT A $27,274 GRANT TO BE USED TO SUPPORT THE LIVERMORE PUBLIC LIBRARY’S ENGLISH

AS A SECOND LANGUAGE (ESL) PROGRAMS AND SERVICES, AND

APPROVING APPROPRIATION OF THESE FUNDS DURING FISCAL
YEAR 2021-2022
The California State Library has made funds available to libraries within the State for use in developing and supporting ESL programs and services. Of these available funds, the State determined that the City of Livermore was eligible to receive $27,274.

The California State Library decided that these funds should be distributed to recipient libraries and expended by the end of the fiscal year on June 30, 2022.

Receiving and utilizing these funds to improve literacy programs and services and improve outcomes for our community members who are non-English speakers promotes growth and acceptance and is directly in alignment with the Library’s strategic objective to promote literacy in all its forms to help people fulfill their life goals and be more active and engaged community members.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore hereby ratifies City's acceptance of $27,274 in grant funds from the California State Library to be used by the Livermore Public Library for English as a Second Language (ESL) services, supplies, supports, and programs.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore hereby approves the appropriation authorizing the expenditure of the accepted funds during fiscal year 2021-2022.
115
RESOLUTION NO. ________
On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk Assistant City Attorney
Exhibit A – California State Library State Funded Grants Award Agreement and Certificate of Compliance
116
DocuSign Envelope ID: 7 A 19E11 E-A382-4368-9AC0-ED6631 B086B4

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE

2.:;_-12..\

EXHIBIT A
117
DocuSign Envelope ID: 7 A 19E11 E-A382-4368-9AC0-ED6631 B086B4 jO @Q �( O(l (j) 0(:)�@ I
ruSERVJNG OUR HERlTAG[, SHAPING OUR FUTU!ll
Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-13

Page 1 of 25 ends

22-IJ.-I

TABLE OF CONTENTS

PROJECT SUMMARY

PROCEDURES AND REQUIRMENTS
A. Term of the Agreement
B. Scope of Work
c. Budget Detail
D. Narrative and Financial Reports
E. Claim Form and Payment
EXHIBIT A: TERMS AND CONDITIONS
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
Certification
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
2 3
3 3
4 5
7 22
25 27

EXHIBIT A
118
DocuSign Envelope ID: 7 A19E11 E-A382-4368-9AC0-ED6631B086B4 ma Cr,d/4nui1,
- -· � STATE�IBRARY
�- I " oo ' • •·• o '" ' ,, ·., " I
PII.H!II.VING OUR HiRlT,1.Gl, SH/\.PING OUR FUTURl
I
Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-13

Page 2 of 25 ends

'22-12.1

PROJECT SUMMARY

AWARD AGREEMENT BETWEEN THE
STATE LIBRARY and Livermore Public Library for
the English as a Second Language Services project.

AWARD AGREEMENT NUMBER ESL21-13
This Award Agreement ("Agreement") is entered into on January l, 2022 by and between the California State Library ("State Library") and Livermore Public Library, ("Grantee").

This Award Agreement pertains to Grantee's State-funded English as a Second Language Service project.

The Library Development Services Bureau ("LDS") of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $2727 4 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

EXHIBIT A
119
DocuSign Envelope ID: 7 A 19E11 E-A382-4368-9AC0-ED66318086B4 PROCEDURES and REQUIREMENTS
A. Term of the Agreement
Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-l 3

Page 3 of 25 ends

The Grant term begins on the dale of execution of the Agreement by both parties, until June 30, 2022. If completion of the project occurs prior to the end of the grant period this will be the end date of the term of this agreement. Grant eligible program
expenditures may begin no earlier than the start dale. The project period ends on June 30, 2022 and all eligible program costs must be incurred by this dale.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee's application and submitted to the State Library in response to the English as a Second Language Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the Stale Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail ·
The Stale Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee's application. The Grantee shall request the distribution of grant
funding consistent with its proposal and
the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

EXHIBIT A
120
DocuSign Envelope ID: 7A 19E11 E-A382-4368-9AC0-ED6631 B086B4 D. Narrative and Financial Reports
Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-13

Page 4 of 25 ends

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might othervvise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report
January 1, 2022- Final Report
June 30, 2022
Due Dale
September 30, 2022

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might othervvise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit BJ and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement - - I

EXHIBIT A
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English as a Second Language Service
2021-2022 ESL2l-l3

Page 5 of 25 ends

platform, DacuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee's responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

EXHIBIT A
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DocuSign Envelope ID: 7 A 19E11 E-A382-4368-9AC0-ED6631 B086B4 jo o:i� �lf>l.lUJ 01 J ,1�,j
PRlS[IW!NG OUR HfRJT,.GI. 5H/\PlNG OUR FllTU!ll
Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-13

Page 6 of 25 ends

EXHIBIT A: TERMS and CONDITIONS
l. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7 405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including "NOT ACCESSIBLE" in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Statewide Broadband Services Program.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
"This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library."
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
"Funding provided by the State of California."

EXHIBIT A
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English as a Second Language Service
2021-2022 ESL2 l -l 3

Page 7 of 25 ends

c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library's photo release form, or contact your grant monitor for the State Library's form.

3. Agency: In the performance of this Agreement the Grantee and it's agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No orol understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library's prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until

EXHIBIT A
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DocuSign Envelope ID: ?A 19E11 E-A382-4368-9AC0-ED6631B08684 Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-13

Page 8 of 25 ends

completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization's behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

Livermore Public Library
Anwan D. Baker
1188 S. Livermore Ave.

Livermore, CA 94550
[email protected]
California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
{916) 603-6709

1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either

EXHIBIT A
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DocuSign Envelope ID: 7A 19E11 E-A382-4368-9AC0-ED6631B086B4 Livermore Public Library
English as a Second Language Service
2021-2022 ESL21-13

Page 9 of 25 ends

directly or indirectly employed by any of them as ii is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that ii creates within the scope of this Agreement in accordance with the federal Copyright Act. ( 17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California Slate Library. If the Grantee is a non-profit entity, the Grantee's Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written "Notice of Dispute" with the State Library Grant Monitor within ten ( 1 OJ days of discovery of the problem. Within ten ( 1 OJ days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement wh·1ch is not d"lsposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code,§ 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:

EXHIBIT A
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I) The dangers of drug abuse in the workplace.
2) The Grantee's policy of maintaining a drug-free workplace:
3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:

I) Receive a copy of the Grantee's drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California Slate Library and Grantee.

I 0. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee's request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

11. Failure to Perform: The grant being utilized by the Grantee is to benefit the [insert phrase]. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

12. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee's payments or make FICA payments on the Grantee's behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee's behalf; or
c. Withhold Federal or State income taxes from Grantee's payments

EXHIBIT A
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2021-2022 ESL21-l 3

Page 11 of 25 ends

Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

13. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, r"1ot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

14. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent ( 10%) withhold, and/or to repay to the California State Library any funds improperly expended.

15. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

16. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

17. Grant Monitor: The Grant Monitor's responsibilities include monitoring grant progress, and rev·1ewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revis·1on to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

18. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee's application and award agreement. The grantee will keep such records and afford such access as

EXHIBIT A
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the California State Library may find necessary to assure the correctness and verification of such reports.

19. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

20. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

21. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee's employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

22. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

23. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and

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b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

24. Limitation of Expenditure: Expenditure for all projects must conform to the grantee's approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $27274 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

25. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

26. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee's contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 el seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § I 1000 el seq.), the provisions of Article 9.5, Chapter I, Part I, Division 3, Title 2 of the Government Code (Gov. Code§§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Fair Employment and Housing and the
California State Library upon reasonable
notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and it's contractors, and subcontractors shall give written notice of their obligations

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under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, § l l l 05.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

27. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via/ uploaded to the California State Library's Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient's physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient's address as stated in this Agreement.

28. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto ( collectively referred to as "Terms").

Grantee's California State Library-approved Application (Grantee's Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee's Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

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29. Payment:

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a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee's Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee's Application in accordance with the approved Budget and shall obtain the Grant Monitor's written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee's Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Lodgings, Meals and Incidentals: Grantee's eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). e. Payment will be made only to the Grantee.
f. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

30. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

31. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

32. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the

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Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

33. Privacy Protection: Both parties agree to protect the confidentiality of any non public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, el. seq.

34. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

35. Public Records Act: Material maintained or used by the California State Library is considered "public record" under the Public Records Act (PRA) at Government Code, sections 6250, el. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

36. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library's support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

37. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee's operation to ensure compliance with this Agreement, with reasonable advance notice.

38. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials

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used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

39. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

40. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library a final report detailing progress and activities. The report is due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. To obtain payment hereunder.the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment. and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
c. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $2727 4 upon execution of the agreement and submission of claim by the grantee organization.

41. Self-Dealing and Arm's Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm's length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, "arm's-length transactions" are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity's business and the entity chooses the lowest of the resulting bids. "Self-dealing" is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

42. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

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43. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

44. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

45. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

46. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: ( l) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

47. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library's right othervvise to demand strict compliance with that provision or any other provision of this

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Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library's rights or of any of grantee's obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent ta subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

48. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

49. Worker's Compensation: The State of California will not provide Workers' Compensation insurance for Grantee or Grantee's employees or contract personnel. If Grantee hires employees ta perform services required by this Agreement, Grantee shall provide Workers' Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: CERTIFICATION of COMPLIANCE FORM

1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount 2727 4. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code§ 12990 (a-f) and CCR, Title 2, Section l l l 02),

7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug free workplace by taking the
following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
l) the dangers of drug abuse in the workplace:

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2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code§ 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No 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.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411 ):
a. 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. b. 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 12-month period prior to his or her leaving state service.

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. {Pub. Contract Code§ 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. {Pub.

Contract Code§ 10430 {e)).
9, LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. {Labor Code § 3700). 10, AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act {ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. {42 U.S.C. 12101 el. seq.) 11, RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12, PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. 13, DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 {Requirements for Drug-Free Workplace {Financial Assistance)). In particular, the recipient must comply with drug free workplace
requirements in subpart B of 2 C.F.R. part 3186, which
adopts the Government-wide implementation {2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 {P. L. l 00-690, Title V, Subtitle D; 41 U,S.C. §§ 701-707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14, ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
15, NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.

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16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

ORGANIZATION

PROJECT COORDINATOR
Name:

Jon..e s
Email: .,

1. 1. e,' ont-'l lV \Vl-Yrno✓{ . , I?- (t\. .iA. 5

GRA TTEE AUTHORIZED REPRESENTATIVE
Certification
Address (_official and �omplete):

D :i. "5 • L-1 vevm.ov .e /tU. . I.AVe-\lW\,-u. � .q '.>SD Tille:

Cit \'Yl� ,e_ v
APPROVED AS TO FORM:
k2t::� .6A
City Attorney

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PRHUlVING OUR H!RITAG!. SHA,ING OUR FUTURf
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Authorized Representative Signature

ORGANIZATION

AUTHROIZED RE RESENTATIVE
v-\"S
ing:

STATE OF CALIFORNIA
Agency Name: California State Library
Signature:
ersorf Signing:

Address /official and complete):
. '
V Li v-e vmov- C,I'-\- t'l 'tS5
Date:

Title:

Address: 900 N. St Sacramento, CA 95814
Date: 1/27 ;2022
Title: State Librarian

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jo mi:J .� v or ,- ,r � "·"I
PIIHEII.VING OUR HERITAGI. SHAPING OUR
fUTUIU
EXHIBIT B: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www,calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage: $0.56 per mile - approved business/travel expense Rate subject to change
Meals: $7.00 - Breakfast
Receipts are required $ I 1.00 - Lunch
$23.00- Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.

Hotel:

Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 1 I 0.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional auotes.

Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.

AIRLINE TICKETS:

Itinerary and receipts are
reauired
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an aooroved reimbursable expense.

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City Clerk's Office
1052 South Livermore Avenue
Livermore, CA 94550-4899
Phone: 925.960.4200 Fax: 925.960.4205

DOCUMENT TRANSMITTAL FORM
Date: March 18, 2022
To: Allen McFarland, Library cc: N/A
PLEASE READ THE FOLLOWING:

LOG #CC0022-22-121
0 Scan of Original documents sent via Email and 2 sets of the Original documents sent via inter-office mail. Please route for signature and return the fully executed original marked "City Clerk's File" to us.

Date of Document: March 18, 2022
Type of Document: Award Aareement & Certificate of Comoliance Parties: Citv of Livermore and California State Librarv Marie Weber, City Clerk
By: Joanne Carsi-Cruz
925.960.4200

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TAB THROUGH DOCUMENT TO ENTER INFORMATION
To: City Attorney's Office
From: Contact (Person Routing)
Allen McFarland

CONTRACT TRANSMITTAL FORM
Date: " 3/14/2022 =�=�---
Dept/Div: =L�ib�ra=r_,_y ____ _
Phone#: (925) 373-5527
lR.lUJ§IHl

RECEIVED
MAR I 4 2022
Contractor/Consu ltant/Developer: .,,C"-A-"-·--=S'-'t"'-at"'e'-'o"'f_-..,Lceib"'r-"a'-'ryL_ ___________ -____ _ Llr:y Attorney•s Office Type of Contract: Award Agreement and Certificate of Compliance Brief Description of Project/Work: Grant Funds Acceptance _______________ _ Records Retention:

D Permanent (CC-006/ (DDAs, JPAs, OPAs, MOUs, MOAs, Housing Regulatory Agreements, property & property restrictions, settlements, and any infrastructure contracts, e.g., architects, buildings, bridges, environmental, sewers, sidewalks, street improvements, subdivisions, utilities, etc.) 1:8;] Non-Permanent (CC-007/ (Consulting, professional services, general services, grants, franchises, leases, legal services, loans, paving, painting, slurry seals, etc.) Contract Expiration Date: 613012022 D As shown on document D Estimated Council Approval: executed ASAP, and ratified
This agreement will be
:�
1:8;] Requires City Council approval. Meeting Date: 4/1112022 at the meeting of 4/11/2022.

D Does not require City Council approval, because the contract is under $100,000 and (1) is not for the construction of a public work or (2) does not involve the acquisition or disposition of real property.

Routing: 1. City Attorney/Risk Manager for insurance check and form approval

2. Business License review

2. City Clerk will log and obtain signature of City Manager or Department Head

3. When agreements are fully executed, the City Clerk's Office will distribute as follows:

Send BOTH originals to:

Allen in Library for distribution
with
other forms
Attorney Pre-Review Completed By: K. Trujillo
Send and/or route copies to:

Allen McFarland
Attachments: ORIGINAL SIGNATURES ARE REQUIRED.
1:8;] TWO wet-signed Contract (State/Federal/County contracts - signatures can be obtained after City) D One wet-signed Amendment/Extension/Supplemental Contract AND:

D 1 copy of original contract & all previous amendments attached or emailed.

Original/Master Contract #"'C""'C'----
D Exhibits attached to each contract
D Determination of Conflict of Interest Form (only for Professional, Engineering or Design Services) D Certificates of Insurance in PINS. Status:

D Bonds (if required) , / / /.,. D Current Business License on file. BL#: N4 /:5J,,,,,_J &-' Routing(Attomey'sOffice UseOnly).· [vf'KTJ [ ]KWE [ ]JAL [ ]KCI LOGNo.JO,xJ-D1}

EXHIBIT A
144

CITY COUNCIL STAFF REPORT
ITEM NO. 4.6

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution authorizing the execution of an agreement with artist Cecilia Lueza, for the acquisition and oversight of the installation of the outdoor art sculpture entitled "Influx" at the entry point to Livermore's Springtown District, in an amount not-to-exceed $40,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager or his designee to execute the Artwork Acquisition Agreement with the artist Cecilia Lueza in the not-to-exceed amount of $40,000, which is budgeted as part of the Citywide Sculptures Project #202122 of FY 2021-23 Capital Improvement Plan, and covered by City Public Art Funds.

SUMMARY
On July 9, 2021, the City of Livermore Commission for the Arts issued a Call for Artists and invited qualified artists to submit proposals for an outdoor sculpture to be placed at one of the entry points into Livermore’s Springtown District. The sculpture is one of four projects identified in the Citywide Sculptures Project #202122 in the FY 2021-23 Capital Improvement Plan. The total budget for this sculpture project is up to $125,000, including $40,000 for acquisition of the sculpture, which will be covered by the Public Art Fund (Fund 608). The balance of the project cost is dedicated to installation and is already programmed in the Capital Improvement Plan budget.

On August 20, 2021, staff received 61 proposals that were reviewed by the Ad Hoc Committee of the Commission for the Arts (Commission). The top three finalists were presented to the Commission, which selected "Influx" by Cecilia Lueza as the preferred choice for the Springtown Sculpture.

Under the Agreement, the artist Cecilia Lueza will fabricate and deliver Influx to the City, provide all components necessary to anchor the Artwork to the foundation, and provide oversight of the installation to the satisfaction of the City and in substantial conformance with Artist’s Design Proposal. The actual installation process will be managed by the City's Engineering Division.

DISCUSSION
145
On July 9, 2021, in an effort to include all areas of the community when considering art installations, the Commission for the Arts (Commission) issued its first request for proposals that focused on a site in the Springtown area of Livermore.

Qualified artists were invited to submit their proposals for the Outdoor Sculpture Project in Springtown through the Western States Arts Federation's website www.callforentry.org. The budget for the artwork acquisition was $40,000, including all costs related to the artist's design, supplies, materials, fabrication, transportation, and delivery of the sculpture, as well as insurance required by the City of Livermore and all other costs associated with the art project. Installation, identification plaque, and ongoing maintenance costs were identified to be the responsibility of the City.

The Call for Artists (Attachment 1. Livermore Sculptures RFP) was open to all sculpture artists residing in the United States, with special consideration given to submissions by local San Francisco Bay Area artists. Previous placement of a permanent outdoor sculpture was not a requirement. However, artists were required to demonstrate their experience in successfully realizing permanent public art installations.

By August 20, 2021, staff had received a total of 61 proposals, which were reviewed by the Ad Hoc Committee of the Commission. On October 26, 2021, the Sculpture Ad Hoc Committee presented three finalists for the Springtown sculpture to the full Commission. The three finalists selected were: Influx by Cecilia Lueza, Magnetic Storms of Space by Norman Moore, and Livermore Outdoor Sculpture Concept by Seth Palmiter. After discussion and deliberation, the Commission selected Influx as its preferred choice, and voted to recommend the project for Council approval.

According to the artist, the Influx sculpture is inspired by the beauty of nature and the dynamics of the ocean. The artwork aims to explore the visual effects of color and geometry while providing a bright and engaging focal point for the public. The sculpture will be made of water jet cut, welded 6061 aircraft grade aluminum of varying thickness. All parts will have an industrial, UV resistant coating system comprised of an epoxy primer and powder coat finish. Under the Agreement, the Artist will fabricate and deliver Influx to the City, provide all components necessary to anchor the Artwork to the foundation, and provide oversight of the installation to the satisfaction of the City and in substantial conformance with Artist’s Design Proposal, as more particularly set forth in Exhibit A to the resolution. The actual installation process will be managed by the City's Engineering Division as part of the Citywide Sculptures- Project #202122 of the Capital Improvement Plan.

FINANCIAL AND ADMINISTRATIVE IMPACTS
The cost of purchasing the artwork under the Artwork Acquisition Agreement is forty thousand dollars ($40,000). The cost of purchasing the artwork and the installation is covered in the budget for Citywide Sculptures Project #202122 of the FY 2021-23 Capital Improvement Plan, which will be funded through the Public Art Fund (Fund 608).

ATTACHMENTS

1. Livermore Sculptures RFP

2. Resolution

3. Exhibit A - Cecilia Lueza Artwork Acquisition Final Agreement

146
Prepared by: Theresa De La Vega
Management Analyst

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
147

REQUEST FOR PROPOSALS
Public Art Program
Livermore Commission for the Arts

Call for Artists – Outdoor Sculpture Project for Livermore The City of Livermore Commission for the Arts invites qualified artists to submit proposals for an outdoor sculpture to be placed in Livermore, California, according to the below specifications. The Commission for the Arts has allocated up to $40,000 for the sculpture. The selected sculptures will become the property of the City of Livermore and will be a permanent part of Livermore’s public art collection.

Artists may submit a maximum of four sculpture proposals for this Call. This Call is limited to the first 250 proposals.

Applications must be submitted using the Western States Arts Federation’s online website:
www.callforentry.org, CaFÉ. The name of this Call is “City of Livermore: Outdoor Sculpture” Applications that are incomplete will not be considered.

Request for Proposals submission deadline is
August 20, 2021 at 10:00 pm Pacific Daylight Time

Eligibility
This Call for Artists is open to all sculpture artists residing in the United States, with special consideration given to submissions by local San Francisco Bay Area artists. The first 250 proposals will be accepted. Previous placement of a permanent outdoor sculpture is not a requirement; however, demonstrated experience in successfully realizing permanent public art installations will be considered when reviewing submissions.

Background
Founded in 1869, Livermore is California’s oldest wine region and is surrounded by vineyards, wineries, farm lands and ranches that mirror the valley’s western heritage. The City’s current population of 91,411 encompasses 26.44 square miles and is the easternmost city in the San Francisco Bay Area and the gateway to California’s Central Valley. Protection by the coastal range provides the Livermore Valley with a mild climate that enhances the pursuit of a more relaxed, less congested lifestyle.

Livermore’s arts, culture, western heritage and vibrant wine and craft brew industries provide a unique blend to this special community. Historic Downtown Livermore is enjoying a renaissance reestablishing the downtown as the city’s preeminent shopping, dining, entertainment and cultural district with a 10-screen cinema, an independent movie theater and a 500-seat performing arts center. With the addition of several residential development projects and a pedestrian oriented environment, the City is establishing an active urban living experience in the Tri-Valley.

As home to renowned science and technology centers, Lawrence Livermore National Laboratory and Sandia National Laboratory, Livermore is a technological hub and an academically engaged community. It has become an integral part of the Bay Area, successfully competing in the global market powered by its wealth of research, technology and innovation.

ATTACHMENT 1
148
Public Art Budget
The budget for this project is $40,000. The project budget includes all costs related to the artist’s design, supplies, materials, fabrication, transportation and delivery of the sculpture, as well as insurance required by the City of Livermore and all other costs associated with the art project up to receipt of the selected sculpture by the City. Installation, identification plaque, and ongoing maintenance costs will be the responsibility of the City.

Location
The proposed location is detailed below; specific site location, description and limitations are detailed in the Site Map at the end of this RFP. The City reserves the right to substitute an alternate location for a proposed location if it is deemed necessary by the City.

Sculpture Site –Livermore is divided into 4 voting districts; past City funded sculpture installations have been centered in the downtown Cultural Arts District. In an effort to include all districts when considering art installations, this RFP will be the first to focus on a site in District 2, commonly referred to as Springtown. Refer to site location information at the end of this document.

Application
You must use the online site to apply for this project. The name of this Call is “City of Livermore: “Outdoor Sculpture Project” The Call is limited to the first 250 applicants. All requirements listed below must be met for consideration. • Full application completed through the Western States Arts Federation website:
www.callforentry.org.
• Artist Statement or Résumé must be current and include a website if available. • You must provide three (3) color images of ONE sculpture with each application: two images clearly showing the front and back of the sculpture and the other showing detail. Be sure to show the scale of the work.
• Artists may submit up to four (4) applications for this Call, with (3) color images of ONE sculpture per application.
• You must provide two (2) color images of sample works representing the artist’s original work that best illustrate sculpture experience. • If the sculpture is kinetic, Artist should include a maximum of one (1) video file. • Contact Information for three references from projects of similar scope and size.

Selection Criteria
Proposals submitted will be reviewed by a committee of the Livermore Commission for the Arts. Recommendations from the committee will be presented to the Livermore Commission for the Arts for approval. Approved recommendations from the Commission for the Arts will then be presented to the Livermore City Council for final approval.

The Commission for the Arts will use the following guidelines as established in the City’s Cultural Arts Plan. A proposed sculpture should:
• Capture attention, engage the public, and be appropriate to its specific location; • Aesthetically enhance the surrounding area and otherwise interact with its surrounding environment;
• Be appropriate for a high-pedestrian traffic environment; ATTACHMENT 1
149
• Be designed with consideration of the safety of the public; • Be constructed of permanent, durable materials and preferably be maintenance-free; • Be capable of withstanding adverse weather conditions including high winds, high temperatures, heavy rain, storms, etc.;
• Not involve electric power, water, electronics, or be based solely on light sources; • Be suitable by way of form and quality for public viewing, and if appropriate, approachability (depending on installation location);
• Be one of a kind or limited edition, unique to the region. Sculptures that are identical to sculptures already placed or to be placed in other similar public sculpture programs within 200 miles of Livermore will not be considered.

Proposed Schedule

Deadline for entry Aug 20, 2021
Approval by Commission for the Arts Sept 28, 2021 Approval by City Council Oct 25, 2021
Enter into contract with Artist October 2021
Artist delivers artwork TBD

Address questions to: Adam Van de Water, Staff Liaison Commission for the Arts [email protected]
(925) 960-4405

ATTACHMENT 1
150

SITE MAP - PROPOSED SCULPTURE LOCATION
This is the proposed sculpture location (as of May ‘21). The City reserves the right to select a different location within Livermore, depending upon the size and subject matter of the sculpture design approved for this project. Where landscaping is currently shown in photos, the landscaping will be adjusted to accommodate the selected sculpture.

Location: Directly West of 998 Bluebell Dr., Livermore CA

ATTACHMENT 1
151

This site is one of the entry points into Livermore’s Springtown district, i.e., Livermore District 2, and is clearly visible from all directions by both vehicular traffic and pedestrian traffic. It is on Bluebell Dr., Livermore CA, on the north side of the street between Springtown Blvd and Sunflower Ct, approximately 50 yards west of the Livermore Public Library - Springtown Branch building. The sculpture will be in the landscaped area pictured above.

This location is easily viewed by vehicle traffic moving east and west on Bluebell Drive. In addition, there is pedestrian traffic in this area, sitting benches and a nearby bus stop.

The planted area runs between 62 and 85 ft wide depending on exact location with the sculpture location between the existing rocks ranging between 22 and 35 feet. Proposals must indicate how wide a base will be necessary for installation. Existing trees may not be relocated, only plants and shrubs.

Proposed designs must not obstruct drivers’ vision or impede pedestrian traffic in any way.

Thank you for your interest! We look forward to the prospect of working with you.

ATTACHMENT 1
152
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN ARTWORK

ACQUISITION AGREEMENT WITH CECILIA LUEZA FOR THE
ACQUISITION OF INFLUX IN AN AMOUNT NOT-TO-EXCEED $40,000 The City of Livermore is divided into four (4) voting districts. Past City-funded sculpture installations have been centered in the Downtown Cultural Arts District. On July 9, 2021, in an effort to include all districts when considering art installations, the Commission for the Arts issued its first request for proposals that focused on a site in District 2, which is commonly referred to as Springtown.

Qualified artists were invited to submit their proposals for the Outdoor Sculpture Project in Springtown through the Western States Arts Federation's website www.callforentry.org. The budget for the artwork acquisition is $40,000, which includes all costs related to the artist's design, supplies, materials, fabrication, transportation, and delivery of the sculpture, as well as insurance required by the City of Livermore and all other costs associated with the art project. Installation, identification plaque, and ongoing maintenance costs will be the responsibility of the City.

On August 20, 2021, staff received a total of 61 proposals. The proposals were reviewed by the Ad Hoc Committee of the Livermore Commission for the Arts. On October 26, 2021, the Sculpture Ad Hoc Committee presented the three finalists that they have selected for the Springtown sculpture. The three finalists selected are Influx by Cecilia Lueza, Magnetic Storms of Space by Norman Moore, and Livermore Outdoor Sculpture Concept by Seth Palmiter. After discussion and deliberation, the Commission for the Arts selected the proposal entitled Influx by Cecilia Lueza. The sculpture entitled Influx is inspired by the beauty of nature and the dynamics of the ocean. The artwork aims to explore the visual effects of color and geometry while providing a bright and engaging focal point for the public. The sculpture will be made of water jet cut, welded 6061 aircraft grade aluminum of varying thickness. All parts will have an industrial, UV resistant coating system comprised of an epoxy primer and powder coat finish.

The proposed Artwork Acquisition Agreement is for the artist to provide the artwork entitled “Influx” (the “Artwork”) and fabricate and deliver the Artwork to the City.

Artist shall also provide all components necessary to anchor the artwork to the foundation and provide oversight of the installation to the satisfaction of the City and in substantial conformance with Artist’s Design Proposal.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to execute the artwork acquisition agreement with Cecilia Lueza, attached hereto as Exhibit A, in an amount not-to-exceed $40,000. The cost of purchasing the artwork and the installation is covered in the budget for Citywide Sculptures Project #2021-22 of FY 2021-2023 Capital Improvement Plan.
153
RESOLUTION NO.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Kelly J. Trujillo
Marie Weber Kelly J. Trujillo
City Clerk Assistant City Attorney
Exhibit A - Cecilia Lueza Artwork Acquisition Final Agreement 154

EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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CITY COUNCIL STAFF REPORT
ITEM NO. 4.7

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Mydatt Services, Inc d/b/a Block By Block to provide Community Ambassador and Bio-Hazard Clean-Up services in an amount not-to-exceed $272,400

RECOMMENDED ACTION

SUMMARY
Staff is requesting an agreement in the a not-to-exceed amount of $272,400 to continue Block by Block’s services in the area of bio-hazard clean-up and power washing, drug paraphernalia clean-up, cleaning, and trash removal related to the unsheltered for the period of March 1, 2022 to February 28, 2023.

DISCUSSION
In 2018, the City Council appointed Vice Mayor Carling and Council Member Munro to a City Council Subcommittee on Homelessness to develop a Strategic Framework to address short-, medium-, and long-term strategies. The Subcommittee work plan included a series of community meetings with presentations from experts and service providers to expand the community dialogue around homelessness issues and to discuss potential program strengths, challenges, and resources.

The Council approved the Subcommittee on Homelessness’ recommendations of several pilot programs, which included Block by Block to provide bio-hazard clean-up services. The initial funding was provided by the state's Homeless Emergency Aid Program (HEAP), administered by Alameda County.

Block by Block provides bio-hazard clean-up services related to the homeless population throughout the City. The City, in partnership with Block by Block, has identified daily cleaning “hot spots” and has a communication system in place to identify, report, and direct work. The Cleaning Community 171
Ambassadors work closely with the City’s Police, Public Works, and Human Services staff, and local homeless services providers.

On November 4, 2019, the City entered into an agreement with Block by Block utilizing a one-time allocation of Homeless Emergency Aid Program (HEAP) funds to provide the Livermore Community Ambassador Program, bio-hazard clean-up, program service referrals related to the homeless population, and overnight attendant services for the Safe Parking Program.

On April 26, 2021, when HEAP funds were no longer available, the City Council recognized the ongoing benefit of the Block by Block services and approved resolution number 2021-056 to award Block by Block $272,000 from its FY 2021-22 General Fund to provide the Community Ambassador Program, bio- hazard clean-up, and safety services to unsheltered residents in Livermore. Based on the funding allocation, on June 17, 2021, the City entered into an extension of their agreement with Block by Block to provide these ongoing services.

The following table shows the number of bio-hazard clean-up services provided by Block by Block from February 1, 2021 through February 28, 2022:

Service
Provided
Total
Bio-Hazard/Power
Washing
1,244
Drug
Paraphernalia/syringe
clean-up
1,140
Restroom Checks
1,461
Restroom Supply
Maintenance
941
Trash Removal (Bags)
5,517

In addition to bio-hazard and clean-up services, Block by Block participated in the 2022 Alameda County Point in Time Count, providing staff knowledge of homeless encampment locations throughout the City.

Their efforts assisted the City with developing an efficient plan to count Livermore’s homeless population.

Staff recommends approval of an agreement in the not-to-exceed amount of $272,400 to continue Block by Block’s services in the area of bio-hazard clean-up and power washing, drug paraphernalia clean-up, general community cleaning, and trash removal related to the unsheltered for the period of March1, 2022 to February 28, 2023.

FISCAL AND AMINISTRATIVE IMPACTS

Funding for the months of March 2022 through June 2022 is included in the current approved General Fund budget for FY 2021-22. The remaining funding for the agreement will be included as a General Fund cost in the budget update for Fiscal Year 2022-23. 172

ATTACHMENTS

1. Resolution

2. Exhibit A - Grant Agreement

Prepared by: Josh Thurman
Homeless Services Management
Analyst I

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MYDATT SERVICES, INC. D/B/A BLOCK BY BLOCK TO PROVIDE COMMUNITY

AMBASSADOR AND BIO-HAZARD CLEAN-UP SERVICES IN THE AMOUNT NOT TO EXCEED $272,400
On October 24, 2016, the City Council recognized homelessness as a priority and committed local funds and dedicated staff to develop and implement strategies that address the growing number of homeless families and individuals.

On November 23, 2020, the Livermore City Council approved Resolution No. 2020-213 to award Block by Block $100,000 from its FY 2020-2021 General Funds to provide essential health and safety services to unsheltered residents in Livermore.

On April 26, 2021, the Livermore City Council approved Resolution No. 2021-056 to award Block by Block $272,000 from its FY 2021-2022 General Funds to provide the Community Ambassador Program, bio-hazard clean-up, and safety services to unsheltered residents in Livermore.

Block by Block provides essential health and safety services that include Community Ambassador Program and bio-hazard clean-up services related to the unsheltered residents in Livermore
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager, or his designee, to sign the agreement with Mydatt Services, Inc. d/b/a Block by Block, attached hereto as Exhibit A, to provide the Community Ambassador Program and bio-hazard clean-up services in the amount not to exceed $272,400, and authorize the City Manager to make minor changes to the Scope of Services to that agreement if needed.

On motion of Council Member , seconded by
Council Member the foregoing resolution was passed and
adopted on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
174
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
/s/ Tara M. Mazzanti
Marie Weber Tara M. Mazzanti City Clerk Assistant City Attorney
Exhibit A – Grant Agreement between City of Livermore and Mydatt Services, Inc. D/B/A Block by Block
175
Gener
al Fund Grant Agreement Page 1
Rev. 05/2021
GRANT

AGREEMENT BETWEEN CITY OF LIVERMORE
AND
MYDATT SERVICES INC., D/B/A BLOCK BY BLOCK
FOR FISCAL YEAR 2022-2023

GENERAL FUND
THI
S GRANT AGREEMENT, entered into this ____ day of __________________, 2022, between the City of Livermore, a municipal corporation ("City"), and Mydatt Services, Inc. d/b/a Block by Block, a corporation qualified to do business in the State of California ("Recipient”).

RECI
TALS
On O
ctober 24, 2016, the City Council recognized homelessness as a priority and committed local funds and dedicated staff to develop and implement strategies that address the growing number of homeless families and individuals.

On N
ovember 4, 2019, the City entered into an agreement with Block by Block utilizing a one-time allocation of Homeless Emergency Aid Program (HEAP) funds to provide the Livermore Community Ambassador Program, bio- hazard clean- up, program service referrals related to the homeless population, and overnight attendant services for the Safe Parking Program.

On N
ovember 23, 2020, the Livermore City Council approved resolution number 2020- 213 to award Block by Block $100,000 from its FY 2020-2021 General Funds to provide essential health and safety services to unsheltered residents in Livermore.

On A
pril 26, 2021, the Livermore City Council approved resolution number 2021- 056 to award Block by Block $272,000 from its FY 2021-2022 General Funds to provide the Community Ambassador Program, bio- hazard clean -up, and safety services to unsheltered residents in Livermore.

One
of the City’s life safety priorities is to ensure the health and safety of Livermore’s unsheltered residents.

Ci
ty wishes to engage the Recipient to provide homeless services in the City of Livermore.

Rec
ipient has applied to City for funding to provide essential health and safety services that include Community Ambassador Program and bio -hazard clean-up services related to the unsheltered residents in Livermore (“Project”).

On
April 11, 2022, the Livermore City Council approved resolution number to award the Recipient the amount of $272,400 (“Funds”) from its 2022-2023 General Funds (“Program”) for the project.
2022-109 JLH/TMM

EXHIBIT A
176

General Fund Grant Agreement Page 2
Rev. 05/2021

AGREEMENT

NOW THEREFORE, in recognition of the mutual consideration provided herein, City and Recipient hereby agree that the aforementioned recitals are true and correct and further agree as follows:

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

2. Grant Activities.

A. Activities. Recipient is responsible for administering the Grant Funds awarded in a manner satisfactory to City as set forth in Exhibit “A” “Scope of Work and Budget” for the Project (collectively “Activities”).

i) Project Overview : Provide essential health and safety services to unsheltered residents in Livermore.

ii) Service Objective . Provide Community Ambassador Program, bio- hazard clean- up services as particulary set forth in "Exhibit A". All Activities shall be completed no later than February 28, 2023.

iii) General Administration. The Grant Funds for the Activities are to be administered under the direction of the Recipient’s Regional Manager.

B. Budget. City will grant, and Recipient will use, the Grant Funds awarded pursuant to this Agreement under the budget terms set forth in Exhibit “ A” to perform the Activities consistent with the terms and conditions of this Agreement, the Project, and any conditions imposed upon the Project.

C. Performance Monitoring. City will monitor Recipient’s performance against the service objective outlined in Section 2A(ii). Substandard performance as determined by the City will constitute non-compliance with this agreement.

D. Changes to Scope of Work. The City may request changes to the scope of work or service objective to align with programmatic adjustments. If the parties cannot mutually agree to changes to the scope of work or service objectives within thirty (30) days, either party may terminate the agreement by providing thirty (30) days written notice to the other party.

3. Time for Performance. Recipient shall commence the Activities on March 1, 2022, and continue the Activities through February 28, 2023.

2022-109 JLH/TMM

EXHIBIT A
177

General Fund Grant Agreement Page 3
Rev. 05/2021

4. Contractor’s Responsibilities. Recipient Shall:

a) Diligently perform the Activities in a manner commensurate with industry, professional, and community standards;

b) Provide the resources necessary to complete Activities in a timely manner;

c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;

d) Obtain and keep in effect all necessary licensees, permits, qualifications, insurance, and approvals legally and professionally required for Recipient and the Activities;

e) Comply with all laws in effect that are related to Recipient and the Activities;

f) Coordinate the Activities with Josh Thurman (“Project Manager”), or such other person designated as the Project Manager by City;

g) Maintain and submit monthly reports of the Activities to the Project Manager in the form set forth in Exhibit A-1;

h) Be available to the Project Manager, and other parties referred to Recipient by the Project Manager, to answer questions or inquiries related to the Activities;

i) Only invoice City for Activities performed. Recipient’s invoice shall be in writing and describe the Activities performed for the grant draw requested. Recipient shall not submit an invoice to City more frequently than once a calendar month

5. Payment. It is expressly agreed and understood that the total amount of Grant Funds available from City to Recipient for the Activities under this Agreement shall not exceed the amount of $272,400 under the budget terms set forth in Exhibit “A”. Even though the Grant Funds are available, Recipient shall only be entitled to draw that portion of the Grant Funds commensurate with the Activities provided. City shall only make draw payments to Recipient for those Activities that comply with the terms and conditions of this Agreement.

6. Hold Harmless and Indemnity . Recipient shall defend, indemnify and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including but not limited to, reasonable attorney, consultant and expert fees, and court costs arising out of or in connection with this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.

7. Insurance. Recipient shall procure and maintain insurance during the term of this Agreement in the amounts and under the terms set forth in Exhibit “ B” against claims that may arise from or in connection with this Agreement and performance of the Activities . Upon reasonable written notice, Recipient shall comply with any changes in the amounts and terms of 2022-109 JLH/TMM

EXHIBIT A
178
General
Fund Grant Agreement Page 4
Rev. 05/2021
insur
ance as may be required from time-to-time by the City’s Risk Manager.

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

9. Not
ices. Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:

City: C
ity of Livermore
Attn: Josh Thurman, Homeless Services Analyst
1052 Livermore Avenue
Livermore, California 94550
Reci
pient: Mydatt Services, Inc., d/b/a Block by Block
Attn: Derreck Hughes, Vice President of Operations
7135 Charlotte Pike, Suite 100
Nashville, TN 37209

10. Sev
erability. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

11. Waiver.

City’s failure to act with respect to a breach by Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

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

13. Enti
re Agreement; Modification . T his Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Activities. Any modification to this Agreement must be in writing and signed by both parties. No amendment may invalidate this Agreement, or relieve or release City or Recipient from its obligations under this Agreement.

City may, in its discretion, amend this Agreement in writing to conform with Federal, State, or 2022-109 JLH/TMM

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179

General Fund Grant Agreement Page 5
Rev. 05/2021

local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities.

However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Recipient. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by City may be used in place of the original for all purposes with the same effect as if it was the original.

14. Right of Termination. “Either party may terminate this Agreement with or without cause by providing thirty (30) days prior written notice to the other party.

15. Force Majeure. Neither party shall be liable for damages to the other party for any delay or default in performing hereunder if such delay or default is caused by reason of any circumstance beyond its reasonable control, including but not limited to Acts of God, fire, flood, earthquake, extraordinary weather conditions, acts of war, acts of terrorism, labor disputes, riots, active shooter incident, civil disorders, rebellions or revolutions in any country ("Force Majeure"), that party shall be excused from any further performance or observance of the obligations so affected for as long as such circumstances prevail and that party continues to use all commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay.”

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Signatures and Attachment List on the Next Page
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180
Gener
al Fund Grant Agreement Page 6
Rev. 05/2021
IN W
ITNESS THEREOF, the Recipient and City have executed this Agreement as of the date first written above.

MY
DATT SERVICES INC., D/B/A BLOCK BY BLOCK
“Recipient”
BY: ______
_____________________ DATED: _______________
Derreck Hughes
Vice President of Operations
Federal I.D. or Social Security No.
31-1332763
CIT

Y OF LIVERMORE
a Municipal Corporation
“City”
BY: ______
____________________ DATED: _______________
Marc Roberts
City Manager
APPRO
VED AS TO FORM:
______
________________________

ASSISTANT/CITY ATTORNEY
Atta
chments:

Ex
hibit A Scope of Work and Budget
Exhibit A-1 Record Submission Form
Exhibit B Insurance Requirements
2022-109 JLH/TMM

EXHIBIT A
181
Exhibit A
Scope of Work and Budget

Description:

Bio-Hazard Clean-Up Services
Block by Block (BBB) will be responsible for providing bio-hazards clean-up related to the homeless population throughout the City. The City will outline the daily "hot spots" and set up a communication system to identify and report instances. In addition, the City will provide an area for items/belongings identified during clean-up that require storage.

The BBB cleaning Community Ambassadors will work closely with the City's Police, Public Works and Human Services Divisions and other local homeless providers to make services referrals to people experiencing homelessness and to identify units of measures for reporting purposes.

Schedule
BBB will adhere to the budget and hours listed below for each employee assigned to perform duties under this Scope of Work.

Service

Total not to exceed per
service type

Bio-Hazard/Clean-Up/Ambassador Services $272,400

Bio-Hazard Services/Clean-Up Ambassador Services
Personnel Expense
Operations Manager/Clean-Up Ambassadors $170,994.72
Benefits $15,878.09

Operating Expense
Labor Related (background checks, recruiting, etc.) $1,701.49 Uniforms $2,126.67
Cell Phones $2,200.00
2022-109 JLH/TMM

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182
Equipment (truck, other ‘capital’ equipment) $24,051.22 Equipment Related (fuel, maintenance, insurance, parking) $13,636.51 Janitorial Supplies $3,637.19
Office Supplies & Printing $600.00
Miscellaneous $1,200.00
Administrative Support (mgmt., travel, postage, etc.) $11,583.33 Program Overhead $24,760.92

Total

$272,370.13

Schedule Hours
Bio-Hazard/Clean-Up Ambassadors 80.00
Operations Manager 40.00
Weekly Total 120.00
Annual 6,240.00
Employees 3.00

Wed Thurs Fri Sat Sun Mon Tues Total Hours Cleaning
Ambassador
8 8 8 8 xxxxx xxxxx 8 40
Cleaning
Ambassador
8 8 8 xxxxx xxxxx 8 8 40
Operations
Manager
8 8 8 xxxxx xxxxx 8 8 40
Hours 24 24 24 8 0 16 24 120

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EXHIBIT A
183
EXHIBIT A-1
Record Submission Form

Bio-Hazards Clean-Up Services
Measure Total
Total # of bio-hazard Clean-up instances
Total # Syringe/Drug Paraphernalia disposal instances
Total # Power Washing Hot Spots
Total # Trash Bags

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184

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

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

2. The limits of insurance required in this agreement may be satisfied by a Revised 9/21/2015 B3 – 3M

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Livermore City CouncilApril 11, 2022

Livermore City Council
April 11, 2022