Agenda packet — Livermore City Council, September 27, 2022 (part 1 of 2)

CITY COUNCIL
AGENDA
TUESDAY, SEPTEMBER 27, 2022
SPECIAL HYBRID MEETING – 7:00 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
https://us02web.zoom.us/j/87466146140
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 874 6614 6140
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
NOTICE IS HEREBY GIVEN that the City Council of the City of Livermore will convene a City Council special meeting on September 27, 2022, beginning at 7:00 pm, at the Civic Center Meeting Hall, 1016 S. Livermore Avenue, Livermore and virtually using Zoom.

This special meeting is being called by Mayor Bob Woerner. /s/ Bob Woerner Bob Woerner, Mayor
Regina Bonanno, Vice Mayor
Robert W Carling, Council Member
Brittni Kiick, Council Member
Trish Munro, Council Member
Livermore City Council Agenda September 27, 2022
1 1. CLOSED SESSION - NONE.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Livermore Hero Award presented to Bilal Shahid.

Recommendation:

Staff recommends Mr. Bilal Shahid be recognized, declared a Livermore Hero, and presented a Livermore Hero Award by City Council on behalf of the Livermore community, for his heroic efforts which ultimately saved a life.

Staff Report
Attachments:

1. Proclamation

3.2 Proclamation proclaiming October 2022 Cybersecurity Awareness Month presented to City of Livermore Cybersecurity Manager Donald Hester.

Recommendation:

Staff recommends the City Council declare October 2022 Cybersecurity Awareness Month for the City of Livermore.

Staff Report
Attachments:

1. Proclamation

3.3 Commission for the Arts annual update presented by Chair Sabrina Ohnemus.

Recommendation:

Staff recommends City Council receive the Commission for the Arts annual update.

Staff Report

3.4 Confirmation of Advisory Body appointments to the Livermore Area Youth Advisory Commission, reappointment of members to the Alameda County Mosquito Abatement District and Tri-Valley Conservancy, and direct the City Clerk to administer the oath of office.

Recommendation:

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 September 27, 2022
2 The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Livermore Area Youth Advisory Commission and direct the City Clerk to administer the oath of office. Staff recommends the City Council reappoint members to the Alameda County Mosquito Abatement District and the Tri-Valley Conservancy.

Staff Report

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

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

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.

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

5.1 Approval of draft minutes - July 25, 2022 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report
Attachments:

1. 2022-07-25 Draft Minutes

5.2 Introduction of an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2022 California Building Standards Code and the codes set forth therein
Recommendation:

Staff recommends the City Council waive the first reading and introduce an ordinance with an effective date of January 1, 2023:

1. Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code), 15.14 (Residential Code), and 15.26 (Green Building Standards Code) in The Livermore Municipal Code.

Livermore City Council Agenda September 27, 2022
3 2
.

Adopting new Chapters 15.02 (Building Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.14 (Residential Code), and 15.26 (Green Building Standards Code) of the Livermore Municipal Code by adopting and amending the 2022 Editions of the California Building, Fire, Electrical, Mechanical, Plumbing, Residential, and Green Building Standards Codes.
3 .

Adopting new Chapter 15.04 (Property Maintenance Code) of the Livermore Municipal Code by adopting and amending the 2021 edition of the International Property Maintenance Code.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Chapter 15.02 Building Code

3. Exhibit B - Chapter 15.04 Property Maintenance Code

4. Exhibit C- Chapter 15.06 Fire Code

5. Exhibit D - Chapter 15.08 Electrical Code

6. Exhibit E - Chapter 15.10 Mechanical Code

7. Exhibit F - Chapter 15.12 Plumbing Code

8. Exhibit G - Chapter 15.14 Residential Code

9. Exhibit H - Chapter 15.26 Green Code

5.3 Resolution authorizing execution of a Landscape Maintenance Agreement with Taylor Morrison, LLC, for landscape improvements located within North N Street right-of-way.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of a Landscape Maintenance Agreement with Taylor Morrison, LLC for landscape improvements located within North N Street right-of-way. Tract Map 8358.

Staff Report

Attachments:

1. Vicinity Map

2. Resolution

3. Exhibit A - Landscape Maintenance Agreement

5.4 Resolution authorizing execution of an agreement with Savant Solutions Inc. for replacement of the City's computer network firewall hardware and support services in an amount not-to- exceed $275,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Savant Solutions Inc. for replacement of the City of Livermore's (the City) computer network firewall hardware and support services in an amount not-to-exceed $275,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Savant Solutions Inc Agreement

Livermore City Council Agenda
September 27, 2022

4 5.5
Resolution awarding and authorizing execution of an agreement with Cazadoro Construction, for construction of the 2022 Stream Maintenance by Contractors Project 2022-23, which involves maintenance and flow conveyance improvements in the Arroyo Las Positas in Springtown, downstream of the Heather Lane culvert bridge, in an amount not-to-exceed $288,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Cazadoro Construction, in an amount not-to-exceed $288,000, for construction of the 2022 Stream Maintenance by Contractors Project 2022-23, which involves maintenance and flow conveyance improvements in the Arroyo Las Positas in Springtown, downstream of the Heather Lane culvert bridge.

Staff Report

Attachments:

1. Location Map

2. Resolution

3. Exhibit A - Agreement

5.6 Resolutions authorizing the City Manager to execute, on behalf of and for the Livermore- Pleasanton Fire Department Joint Powers Authority, two purchase orders with L.N. Curtis & Sons and Municipal Emergency Services Inc. for materials and supplies in support of the Livermore-Pleasanton Fire Department Joint Powers Authority's daily operations and fire academy support, each in an amount not-to-exceed $450,000.

Recommendation:

Staff recommends the City Council adopt two resolutions authorizing the City Manager to execute, on behalf of and for the Livermore-Pleasanton Fire Department Joint Powers Authority, two purchase orders with L.N. Curtis & Sons and Municipal Emergency Services Inc. for materials and supplies in support of the Livermore-Pleasanton Fire Department Joint Powers Authority's daily operations and fire academy support, each in an amount not-to- exceed $450,000 for FY 2022-23.

Staff Report

Attachments:

1. Resolution - L.N. Curtis

2. Resolution - MES Resolution

5.7 Resolution authorizing issuance of a Purchase Order with Jack Doheny Company for a replacement pipeline inspection truck in an amount not-to-exceed $514,795.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing issuance of a Purchase Order with Jack Doheny Company for a replacement Rapid View IBAK - Closed Circuit Tele- Vision (CCTV) Pipeline Inspection System on a 2022 Ford E450 Box Truck, in an amount not- to-exceed $514,795.

Staff Report

Livermore City Council Agenda
September 27, 2022

5 Attachments:

1. RapidView Sourcewell Contract 120721

2. Jack Doheny Company Quote

3. Resolution

5.8 Resolution authorizing the issuance of a purchase order with National Auto Fleet Group for eight replacement Ford Hybrid Police Utilities in an amount not-to-exceed $494,284.

Recommendation:

Staff recommends City Council adopt a resolution authorizing the issuance of a purchase order with National Auto Fleet Group for eight replacement Ford Hybrid Police Utilities in an amount not-to-exceed $494,284.

Staff Report

Attachments:

1. National Auto Fleet Group Sourcewell Contract

2. National Auto Fleet Group Quote

3. Resolution

5.9 Resolution authorizing the City Manager to approve the City's participation in East Bay Community Energy's Critical Municipal Facility Resilience Program to pursue installation of solar and battery systems at critical municipal facilities.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to approve the City's participation in East Bay Community Energy's Critical Municipal Facility Resilience Program to pursue installation of solar and battery systems at critical municipal facilities, and install these systems through a standard Power Purchase Agreement if the City of Livermore determines that the project portfolio is cost-effective and improves its service to the community.

Staff Report

Attachments:

1. Resolution

5.10 Resolution accepting the Livermore Downtown Inc. Annual Report for FY 2021-22, and authorizing the execution of an agreement with Livermore Downtown Inc., in the not-to-exceed amount of $90,000

Recommendation:

Staff recommends the City Council adopt a resolution accepting the Livermore Downtown Inc.

Annual Report for FY 2021-22, and authorizing the execution of an agreement with Livermore Downtown Inc. for services provided to the city July 1, 2022 to June 30, 2023, in the not-to- exceed amount of $90,000.

Staff Report

Attachments:

1. Livermore Downtown Inc. Annual Report 21-22

Livermore City Council Agenda
September 27, 2022

6 2. Resolution

3. Exhibit A - Agreement with Livermore Downtown Inc.

6. PUBLIC HEARINGS - NONE.

7. MATTERS FOR CONSIDERATION

7.1 Discussion and direction regarding City participation in a community gun buyback program.

Recommendation:

Staff recommends that the City Council authorize the City's participation in a pilot gun buyback program.

Staff Report

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Regular City Council meeting on Monday, October 10, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

11. HOW TO PARTICIPATE IN YOUR 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.

Livermore City Council Agenda
September 27, 2022

7 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/87466146140
It is recommended residents use updated software to successfully join and participate in a meeting. Outdated versions may limit functionality and you may not be able to provide a public comment virtually. To download the most current version, visit zoom.us/download
.

Zoom dial in phone number: 1 669 900 6833
Meeting ID: 874 6614 6140

Livermore City Council Agenda
September 27, 2022

8 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 [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
September 27, 2022

9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Livermore Hero Award presented to Bilal Shahid.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Kelly
Johnson
Administrative Assistant

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
10 11

CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Proclamation proclaiming October 2022 Cybersecurity Awareness Month presented to City of Livermore Cybersecurity Manager Donald Hester.

RECOMMENDED ACTION

Staff recommends the City Council declare October 2022 Cybersecurity Awareness Month for the City of Livermore.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Proclamation

Prepared by: Donald Hester
Cybersecurity Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 13

CITY COUNCIL STAFF REPORT
ITEM NO. 3.3

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Commission for the Arts annual update presented by Chair Sabrina Ohnemus.

RECOMMENDED ACTION

Staff recommends City Council receive the Commission for the Arts annual update.

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Xochitl Ballesteros
Senior Clerk

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Confirmation of Advisory Body appointments to the Livermore Area Youth Advisory Commission, reappointment of members to the Alameda County Mosquito Abatement District and Tri-Valley Conservancy, and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Livermore Area Youth Advisory Commission and direct the City Clerk to administer the oath of office. Staff recommends the City Council reappoint members to the Alameda County Mosquito Abatement District and the Tri-Valley Conservancy.

SUMMARY
On September 6 and 7, 2022, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Livermore Area Youth Advisory Commission, and have submitted their recommendation for City Council consideration and appointment.

In addition, at the request of the Alameda County Mosquito Abatement District and the Tri-Valley Conservancy, the current City appointees to those boards are recommended for City Council consideration and reappointment.

DISCUSSION
On September 6 and 7, 2022, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Livermore Area Youth Advisory Commission and recommends confirmation of the following appointments:

Livermore Area Youth Advisory Commission (LAYAC)

Appointment of the following individuals to an unexpired term ending September 1, 2023 15 Sai Gayathri Penugonda
William Pinkston

Appointment of the following individuals to a regular term ending September 1, 2024

Alexa Sumitra
Ally Grant
Isabel Roy
Danielle Rasmussen

In addition, the current appointees to the Alameda County Mosquito Abatement District and the Tri- Valley Conservancy are eligible for reappointment and have confirmed that they would like to continue serving. These bodies are not city Brown Act bodies and their members can be reappointed by City Council. Both the Alameda County Mosquito Abatement District and the Tri-Valley Conservancy have requested the following members below be recommended for reappointment.

Alameda County Mosquito Abatement District
Reappointment to a regular term ending January 4, 2027

Steven Cox

Tri-Valley Conservancy
Reappointment to a regular term ending January 1, 2027

Scott Akin

Upon the City Council’s confirmation of the appointments by motion, the City Clerk will administer the oath of office to new appointees.

FISCAL AND ADMINISTRATIVE IMPACTS

No material fiscal or administrative impacts result from confirmation of these appointments.

ATTACHMENTS

Prepared by: Debbie Elam
Deputy City Clerk

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Approval of draft minutes - July 25, 2022 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2022-07-25 Draft Minutes

Prepared by: Marie Weber
City Clerk

DRAFT MINUTES

CITY COUNCIL
JULY 25, 2022
________________________________________________________________

1. CLOSED SESSION - NONE

REGULAR MEETING

2. CALL TO ORDER – The meeting of th e City Council was called to order by Mayor Bob Woerner a t 7:00 p m, held via teleconference using Zoom and YouTube.

ROLL CALL – Present: Mayor Bob Woerner and Council Members Robert W.

Carling, Brittni Kiick and Trish Munro.

Vice Mayor Regina Bonanno was absent.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Proclamation declaring August 2022 as Muslim Appreciation and Awareness Month presented to Munir Sifi of the Islamic Center of Livermore.

Recommendation: Staff recommended the City Council declare August 2022 as Muslim Appreciation and Awareness Month.

Council Member Munro presented a proclam ation to the Islamic Center of Livermore.

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

Vic Avila, provided comment.

Carol Silva, provided comment.

Darci Kent, provided comment.

Don
na Cabanne, provided comment.

Debora
h McQueen, provided comment.

ATTACHMENT 1
18 CM/75/2 Minutes JULY 25, 2022

David B. Kent, provided comment.

Lisa Tromovitch, provided comment.

Lori Souza, provided comment.

Laning Thompson, provided comment.

Jean King, provided comment.

Robin Growth-Hill, provided comment.

Alan Marling, provided comment.

Alan Burnham, provided comment.

Maryann Brent, provided comment.

Jackie Cota, provided comment.

Due to 30-minute time limit, the remaining requests to speak were heard later in the meeting before Agenda Item 8, Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff and Council Members.

5. CONSENT CALENDAR

Mayor Woerner opened the public comment period.

Asa Strout, provided comment.

Purnam Sheth, provided comment.

Karl Wente, provided comment.

Jackie Cota, provided comment.

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

ON THE MOTION OF CM MUNRO, SECONDED BY CM CARLING, AND
CARRIED ON A 4-0 VOTE, THE CITY COUNCIL

5.1 Approval of draft minutes - J
une 27, 2022 Regular Meeting.

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

5.2 Introduce an Ordinance and waive the first reading revising Municipal Code Chapter 1.28 related to the Conflict of Interest Code - Biennial Notice t o ATTACHMENT 1
19 JULY 25, 2022 Minutes CM/75/3

add/remove positions as appropriate.

Recommendation: Staff recommended the City Council accept the 2022 Local Agency Biennial Notice and waive the first reading and introduce an ordinance revising Municipal Code Chapter 1.28, Conflict of Interest Code, to add or remove positions to align with updates to the City’s salary schedule.

5.3 Resolution 2022-1 26 authorizing execution of an agreement with Old Brit Consulting for general Information Technology (IT) consulting in an amount not- to-exceed $250,000.

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting in an amount not-to-exceed $250,000.

5.4 Resolution 2022-127 authorizing execution of a Purchase Order with CDW Government LLC for the purchase of a CineMassive CineView Video Wall Display (commercial grade monitors) for the Police Department’s Real -Time Awareness Center (Project No. 2019-58) in an amount not- to- exceed $231,930, and authorization for the City Manager to sign an agreement for maintenance services with Haivision MCS, LLC DBA CineMassive Displays, LLC in an amount not-to-exceed $53,628.

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing execution of a Purchase Order with CDW Government LLC for a CineMassive CineView Video Wall Display (commercial grade monitors designed for 24/7 operations and a state- of-the-art user interface and video integration) for the Police Department’s Real -Time Awareness Center (Project No. 2019-58) in an amount not- to-exceed $231,930, and authorization for the City Manager to sign an agreement for maintenance services with Haivision MCS, LLC DBA CineMassive Displays, LLC in an amount not-to-exceed $53,628.

5.5 Resolution 2022- 128 authorizing issuance of a Purchase Order with Peterson Truck Inc. for a replacement Fleet Service Truck, for performing routine maintenance and emergency repairs to City vehicles in the field in the amount of $222,456 and a contingency in an additional amount not- to-exceed ten percent (10%).

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing execution of a Purchase Order with Peterson Truck Inc. for a replacement Fleet Service Truck to be used to perform routine equipment and vehicle maintenance, along with emergency service work in the field in the amount of $222,456, and authorizing a contingency in an additional amount not- to-exceed ten percent (10%).

5.6 Resolution 2022-129 authorizing execution of a Purchase Order wit h Boise Mobile Equipment for two Type 6 Xtreme Fire Apparatus on the Dodge 5500 four-wheel drive, crew cab chassis, for wildland urban interface fire response in the amount of $609,836 and a contingency in an additional amount ATTACHMENT 1
20 CM/75/4 Minutes JULY 25, 2022

not-to-exceed ten percent (10%).

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing execution of a Purchase Order with Boise Mobile Equipment in the amount of $609,836 for two Type 6 Xtreme Fire Apparatus pumper trucks the Dodge 5500 four-wheel drive, crew cab chassis, for wildland urban interface fire response in the amount of $609,836 and authorizing a contingency in an additional amount not-to-exceed ten percent (10%).

5.7 Resolution 2022-130 authorizing a supplemental appropriation of $574,441 from the Traffic Impact Fee fund in FY 2022-23 to the Traffic Signal Installation Program, Project No. 2014-31 to reimburse Scannell Properties #339 LLC for their installation of new traffic signal improvements at the intersection of Mines Road and Technology Drive.

Recommendation: Staff recommend
ed City Council adopt a resolution
authorizing a supplemental appropriation of $574,441 from the Traffic Impact Fee fund (Fund 306) in FY 2022-23 to the Traffic Signal Installation Program, Project No. 2014-31 to reimburse Scannell Properties #339 LLC for their installation of new traffic signal improvements at the intersection of Mines Road and Technology Drive.

5.8 Resolution 2022-131 authorizing supplemental appropriations in the amounts of $9,980,000 and $3,327,000 to F
iscal Years 2023-24 through 2024-
25, and awarding and authorizing execution of agreements with C. Overaa & Co. in an amount not- to-exceed $21,999,000, for construction, with Cannon Corporation in an amount not-to-exceed $112,900, for programming support, and an amendment with Carollo Engineers increasing the amount of the agreement by $2,381,660 to a total not- to-exceed amount of $4,910,499, for construction management and engineering services during construction, for rehabilitation and process improvements to the primary and secondary treatment processes at the City’s Water Reclamation Plant (WRP), Project No. 2019-31.

Recommendation: Staff recommend ed the City Council adopt a resolution for the WRP Primary and Secondary Treatment Improvements, Project No. 2019-31:

1. Authorizing supplemental appropriations of $695,000 in Fund 239 (Water Resources Replacement) and $232,000 in Fund 241 (Sewer Connection Fees) from FY 2022-23 to FY 2023-24;

2. Authorizing supplemental appropriations of $6,969,000 in Fund 239 (Water Resources Replacement) and $2,323,000 in Fund 241 (Sewer Connection Fees) in FY 2023-24;

3. Authorizing supplemental appropriations of $2,316,000 in Fund 239 (Water Resources Replacement) and $772,000 in Fund 241 (Sewer Connection Fees) in FY 2024-25;

4. Awarding and authorizing execution of an agreement with C. Overaa & Co., in an amount not-to-exceed $21,999,000, for construction of the;

5. Authorizing execution of an agreement with Cannon Corporation, in an amount not- to- exceed $112,900, for programming support services during construction; and
ATTACHMENT 1
21 JULY 25, 2022 Minutes CM/75/5

6. Authorizing execution of a first amendment to the agreement with Carollo Engineers, increasing the amount of the agreement by $2,381,660 to a total not- to-exceed amount of $4,910,499, for additional construction management and engineering design services during construction.

5.9 Resolution 2022-132 to temporarily suspend the current Airport Development Policy and suspend consideration of certain development on airport property until a new Development Pol
icy is created and approved.

Recommendation: Staff recommended that the City Council adopt a resolution to temporarily suspend the current Airport Development policy and Airport development to allow for creation and approval of a new Airport Development Policy.

5.10 Resolution 2022- 133 authorizing execution of an agreement with Hinderliter, de Llamas and Associates, Inc., for business license tax and fee operations management and compliance services

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing the City Manager to execute a two-year agreement with Hinderliter, de Llamas and Associates, Inc. for business license tax operations management and compliance services.

6. PUBLIC HEARINGS

6.1 Hearing to adopt a resolution
approving the waiver and refund of
$132,562 in penalties and interest related to delinquent special taxes levied in City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District.

Recommendation: Staff recommend ed that the City Council hold a public hearing and adopt a resolution:

1. Approving the waiver of $132,562 in penalties and interest paid by the Livermore Valley Joint Unified School District as a result of the late payment of special taxes levied by the City in City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District, and authorizing execution of necessary documents, certificates, and certain other related actions; and

2. Directing staff to issue a refund to the Livermore Valley Joint Unified School District for the $132,562 in penalties and interest after deducting the City’s costs of administering t he delinquencies and the waiver request, and to take other actions in order to accomplish the purposes of the resolution.

Administrative Services Director Tina Olson presented the staff report.

Mayor Woerner
opened the public hearing.

There were no speakers and the hearing was closed.

ATTACHMENT 1
22 CM/75/6 Minutes JULY 25, 2022

ON THE MOTION OF CM KIICK, SECONDED BY CM MUN RO AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2022-134 approving the waiver and refund of penalties and interest related to delinquent special taxes levied in the City of Livermore Community Facilities District No. 99-1 (Tri-Valley Technology Park) on property owned by the Livermore Valley Joint Unified School District, and directing related actions.

6.2 Hearing to consider comments and protests relating to the disposition of City-owned property at 2324 Second Street (former SBC building) to Mr. Michael Messinger for the purposes of converting it from an office to restaurant use and a resolution approving the sale of the Property and authorizing the City Manager to execute the First Amendment to the Purchase and Sale Agreement with Michael Messinger to update the Schedule of Development.

Recommendation: Staff recommend ed the City Council hear comments and protests on the following actions to be considered by the City Council relating to the disposition of city-owned property at 2324 Second Street (former SBC building), APN 097-0110- 013-11, and adopt a resolution authorizing the following:

1. Final action to approve the sale of the Property as set forth by Government Code sections 37422-37423; and

2. The City Manager to sign, on behalf of the City of Livermore, the First Amendment to the Purchase and Sale Agreement with Michael Messinger and all related documents necessary to effectuate the sale of the Property, subject to City Attorney form approval.

Housing Programs Manager Fran Reisner presented the staff report.

Mayor Woerner
opened the public hearing.

Alan Burnham, provided comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM KIICK, SECONDED BY CM CARLING AND
CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING

RESOLUTION AND DIRECTE D STAFF TO BRING THE ARCHITECTUR AL DESIGN REVIEW TO THE PLANNING COMMISSION:

Resolution 2022-135 authorizing final
action to dispose of property located at
2324 Second Street, and execution of a First Amendment to the Purchase and Sale Agreement with Michael Messinger.

6.3 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northeast corner of Portola ATTACHMENT 1
23 JULY 25, 2022 Minutes CM/75/7

Avenue and Collier Canyon Road, which would implement the Isabel Neighborhood Specific Plan.

Recommendation: The Planning Commission and staff recommend ed the City Council:

1. Adopt a resolution finding that the project is exempt from the California Environmental Quality Act, under CEQA Guidelines Sections 15182 (c) and 15183;

2. Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005; and Consistency Determination (CD) 22-001, together with the requested Density Bonus Waiver and incentive/concession, subject to the attached Conditions of Approval; and

3. Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

Associate Planner Jake Potter presented the staff report.

Mayor Woerner
opened the public hearing.

Yolanda Meider, provided comment.

Jeff Kaskey, provided comment.

Matt Monterial, provided comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF CM CARLING, SECONDED BY CM MUNRO AND
CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 2022-136 finding that the Shea Portola Project is exempt from the provisions of the California Environmental Quality Act.

Resolution
2022-137 approving Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005, and Consistency Determination (CD) 22-001 for the Shea Portola Project.

7. MATTERS FOR CONSIDERATION

7.1 Resolution authorizing the City Manager to purchase Renewable 100, which contains 100% renewable electricity from solar and wind sources in California, as the default electricity product for Livermore's Municipal East Bay Community Energy Accounts.

Recommendation: Staff recommend ed the City Council adopt a resolution authorizing the City Manager to purchase Renewable 100 as the default ATTACHMENT 1
24 CM/75/8 Minutes JULY 25, 2022

electricity product for Livermore’s municip al East Bay Community Energy accounts. The Renewable 100 product contains 100% renewable electricity from solar and wind sources in California.

Mayor Woerner
recused himself from this item due to conflict of interest.

Council Member Munro was selected to be the temporary presiding officer during the Mayor’s absence.

Senior Planner Tricia Pontau and Climate Action Plan Intern Sarah Ansell presented the staff report.

Council Member Munro opened the public comment period.

Alan Marling, provided comment.

Matt Monterial, provided comment.

Karl Wente, provided comment.

Ben Barrientos, provided comment.

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

ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO AND CARRIED ON A 3-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2022-138 authorizing the City Manager to purchase Renewable 100 as the default electricity product for the City of Livermore ’s municipal accounts
with East Bay Community Energy.

Mayor Woerner rejoined the meeting.

The City Council recessed the meeting for a 10-minute break.

7.2 Resolution appropriating $25,000 from the Water Enterprise Fund for participation in the Pure Water Tri-Valley potable reuse demonstration project phase 2 public education and outreach efforts.

Recommendation: Staff recommended that the City Council adopt a resolution appropriating $25,000 from the Water Enterprise Fund in Fiscal Year 2022-23 for participation in the Pure Water Tri-Valley potable reuse demonstration projec t phase 2 public education and outreach efforts.

Water Resources Division Manager Anthony Smith presented the staff report.

Mayor Woerner opened the public comment period.

ATTACHMENT 1
25 JULY 25, 2022 Minutes CM/75/9

Karl Wente, provided comment.

Dan McIntyre, Dublin San Ramon Services District General Manager , provided comment.

Ben Barrientos, provided comment.

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

ON THE MOTION OF CM KIICK, SECONDED BY CM MUNRO, AND CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING
RESOLUTION:

Resolution 2022-139 appropriating $25,000 in Water Enterprise funds for participation in the Pure Water Tri-Valle y potable reuse demonstration project phase 2 public outreach and education efforts.

7.3 Resolution calling for and giving notice of the holding of a general municipal election for the submittal of an initiative entitled: "South Livermore Sewer Extension Project" to the voters of the City of Livermore and consolidating that election with the General Municipal Election to be held Tuesday, November 8, 2022.

Recommendation: Staff recommended the City Council do the following:

1. Adopt the resolution consolidating the City Council initiative with the November 8, 2022 General Municipal Election and requesting services from Alameda County Registrar of Voters;

2. Consider appointing a subcommittee to prepare a ballot argument and rebuttal argument, or defer argument in favor of the measure to the Tri-Valley Conservancy as a bona fide proponent for the measure; and

3. Direct the City Clerk to transmit a copy of the measure to the City Attorney to prepare an impartial analysis of the measure.

City Clerk Marie Weber presented the staff report.

Mayor Woerner opened the public comment period.

Lori Souza, Tri-Valley Conservancy, provided comment.

Asa Strout, provided comment.

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

ON THE MOTION OF CM CARLING, SECONDED BY M WOERNER AND
CARRIED ON A 4-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING

RESOLUTION AND DEFERRED ARGUMENT AND REBUTTAL ARGUMENT IN FAVOR OF THE MEASURE TO THE TRI-VALLEY CONSERVANCY:

ATTACHMENT 1
26 CM/75/10 Minutes JULY 25, 2022

Resolution 2022-140 calling for and giving notice of the holding of a General Municipal Election for the submittal of the South Livermore Urban Growth Boundary Initiative to the voters of the City of Livermore and consolidating that election with the General Municipal Election on November 8, 2022.

ITEM 4 CITIZEN

S FORUM REOPENED

At this time, the Mayor reopened Agenda Item 4, Citizens Forum, to hear the remaining requests to s
peak.

City Attorney Jason Alcala provided information regarding petition and referendum law.

Doug Mann, provided comment.

Yolanda Fintschenko, provided comment.

Jeff Kaskey, provided comment.

Matt Monterial, provided comment.

Rick Nordyke, provided comment.

Jim Hutchins, provided comment.

Nancy Mulligan, provided comment.

Carol, provided comment.

Asa Strout, provided comment.

Mony Nop, provided comment.

Greg Scott, provided comment.

Veronica Stewart Long, provided comment.

Karl Wente, provided comment.

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

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

City Council directed staff to investigate the P Street underpass and ATTACHMENT 1
27 JULY 25, 2022 Minutes CM/75/11

provide findings back to the City Council.

9. ADJOURNMENT – at 10:23 pm in memory of Barbara Sa voy to a Regular City Council meeting on Monday, September 12, 2022 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

BOB WOERNER, MAYOR

ATTEST:

MARIE WEBER, CITY CLERK
ATTACHMENT 1
28 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Introduction of an ordinance
amending and revising the Building Code, Property
Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2022 California Building Standards Code and the codes set forth therein

RECOMMENDED ACTION

Staff recommends the City Council waive the first reading and introduce an ordinance with an effective date of January 1, 2023:

1 .

Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code),

15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code),

15.14 (Residential Code), and 15.26 (Green Building Standards Code) in The Livermore Municipal Code.
2 .

Adopting new Chapter 15.04 (Property Maintenance Code) of the Livermore Municipal Code by adopting and amending the 2021 edition of the International Property Maintenance Code.

SUMMARY
State law mandates all local jurisdictions enforce the California State Building Standards (Title 24 of the California Code of Regulations) in the construction and maintenance of all buildings and structures.

These standards include provisions of the nationally recognized model Building, Fire, Electrical, Mechanical and Plumbing Codes. These standards are updated on a tri-annual basis. The City currently enforces the 2019 California Building Standards Code. The State recently published the 2022 version of the Codes; per State law, local jurisdictions must enforce these codes with an effective date of January 1, 2023. Local amendments are permitted if they are no less restrictive than the State Code and are 29 determined to be reasonably necessary in order to meet local climatic, geological, topographical, and environmental conditions.

This proposed ordinance amends and revises the old codes and amends and adopts the new 2022 California Building Standards Code. In addition, staff has identified a few minor administrative amendments within the Building, Fire, and Residential codes that help to clarify the intent of pertinent code sections. These minor amendments are consistent with amendments made in previous code adoptions.

DISCUSSION
Under State law, various State agencies have statutory authority to develop building standards, also known as building codes. These standards are updated every three years and are adopted into Title 24 of the California Code of Regulations through the California Building Standards Commission. The California Building Standards are based primarily on model codes developed by national code development organizations known as the International Code Council (Building, Fire, Residential and Property Maintenance Codes), the National Fire Protection Association (Electrical Code), and the International Association of Plumbing and Mechanical Officials (Plumbing and Mechanical Codes). The one exception to this is the Green Building Standards Code, which is developed in its entirety by the State.

As with the State Building standards, the model codes are also updated every three years. Both the model codes and state standards are developed with extensive local government input. Livermore participates in these efforts by providing testimony on behalf of the city, region and state during national model code hearings. The City also represents local government through participation on statewide seismic design, disabled access, and code advisory committees.

Livermore is a founding member city of the Tri-Chapter Uniform Code Adoption committee, a committee comprised of Bay Area cities, whose goal is to promote regional consistency in the local amendment process. These efforts have helped to maintain regional consistency, promoting user-friendly and easily understood construction codes throughout the Bay Area.

In addition, local jurisdictions can adopt code amendments that establish requirements above the minimum State building code requirements. These amendments are called “reach codes” and must be filed with and approved by the California Building Standards Commission (CBSC). A jurisdiction can adopt a reach code at any time; however, the most streamlined approach is to adopt the reach code concurrently with the new state building code.

Reach codes are effective and flexible tools to achieve local energy and climate policy objectives. Over 50 local jurisdictions in California adopted amendments to the 2019 Building Standards Code (2019 Code) related to energy-efficiency, building electrification, electric vehicle (EV) charging infrastructure, and solar photovoltaics. These reach codes are intended to reduce energy costs and greenhouse gas emissions, improve indoor and outdoor air quality, and expand clean and renewable energy.

Livermore’s Draft Climate Action Plan (CAP) calls for the City to adopt reach codes for all-electric buildings and electric vehicle charging in new construction. Conversations with the community during outreach for the CAP revealed overall support for these requirements in new construction. The community expressed concern about applying these requirements to additions or renovations in existing 30 buildings due to costly upgrades that may be required, particularly in older homes with limited electrical capacity. Requiring new construction to be all-electric and to install electrical infrastructure for EV charging upfront is a more cost-effective approach.

Reach codes for the 2019 Code amended the Energy Code (Title 24, Part 6), which required review and approval by the California Energy Commission (CEC) in addition to the CBSC. For the 2022 Building Standards Code (2022 Code), local jurisdictions have been directed to include all-electric construction and EV charging reach codes in the Green Building Standards Code also known as CALGreen Code (Title 24, Part 11). Amendments to the CALGreen Code do not require CEC review.

To further expand on the proposed Reach Code, the following sections outline proposed amendments to the 2022 CALGreen Code to require new buildings in Livermore to be all-electric and to install additional electric vehicle charging infrastructure. The reach codes do not apply to renovations or additions to existing buildings, including accessory dwelling units (ADUs) that are constructed on a lot with an existing residence. The reach codes amend the following sections of the 2022 CALGreen Code:

Chapter 2 - Definitions; Section 202 Definitions
Chapter 4 - Residential Mandatory Measures; Section 4.106 Site Development Chapter 5 - Nonresidential Mandatory Measures; Section 5.106 Site Development

The amendments were prepared based on recommendations from the City Council Climate Change Subcommittee, Rincon Consultants, and East Bay Community Energy. They were also prepared in coordination with the Cities of Pleasanton and Dublin, which plan to adopt similar reach codes. If approved by the City Council, staff will submit the proposed amendments to the CBSC for review. If the CBSC approves the amendments, the requirements would take effect with the 2022 Code on January 1, 2023.

All-Electric Buildings in New Construction

All-electric buildings improve indoor and outdoor air quality and reduce greenhouse gas emissions when electricity is sourced from carbon-free and renewable energy. In most cases, all-electric construction is cheaper than construction with natural gas because it eliminates the need to install natural gas infrastructure. The all-electric reach code would require most new buildings in Livermore to be constructed without natural gas or other fossil fuels. The reach code requirements would not apply to renovations or additions to existing buildings.

An all-electric building is defined as:

A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead use electric heating appliances for service.

Minimizing exceptions to the requirements is important to prevent expensive expansion of natural gas lines that serve only a few end users and to maximize the public health and environmental benefits of all- electric buildings. However, the reach code includes exceptions in the following cases:

Multifamily residential projects that received entitlements before the effective date of the code and 31 have water heating systems serving multiple units.

Accessory Dwelling Units (ADUs) that are constructed on a parcel with an existing residence that utilizes fuel gas.

Commercial kitchens with a business-related need to cook with combustion equipment.

Laboratories with a business, research, or educational-related need to use combustion equipment.

Hotels and motels with 80 or more guestrooms may utilize fuel gas in on-site commercial clothes drying equipment.

Projects that can demonstrate that it is infeasible to construct all-electric according to the California Energy Code or Building Energy Efficiency Standards.

All buildings that are granted an exception must meet requirements for combustion equipment, including having the pre-wiring and physical space needed to accommodate a future transition to all-electric.

Overall, this reach code will reduce construction costs, minimize natural gas usage, and open a pathway to utilizing 100% renewable energy in new construction.

Electric Vehicle Charging Infrastructure in New Construction

Electric vehicle charging infrastructure at homes, workplaces, and commercial centers is necessary to support a transition from combustion to electric vehicles. The proposed reach code for EV charging establishes more ambitious requirements for EV charging infrastructure in new construction compared to the 2022 CALGreen Code. The reach code requirements would not apply to renovations or additions to existing buildings. Electric vehicle charging readiness requirements generally fall into three categories:

1 .

EV Charging Station (EVCS): An EV charger installed at a parking space, such that an EV can charge without additional equipment.
2 .

EV Ready Space: A parking space that has the power supply and associated outlet to readily plug in an EV charger and a vehicle can charge.
3 .

EV Capable Space: A parking space with electrical conduit installed and adequate capacity in the building's electrical panel and transformers to serve a future EV charger. Electrical work to complete the circuit and/or increase the gauge of upstream wiring would be required to accommodate an EV charger.

Additionally, EV charging speed is generally summarized into three categories:

Level 1: Includes a 110/120V, 20-amp circuit. This is equivalent to a standard home outlet that would charge an electric vehicle approximately 3-4 miles per charging hour.

Level 2: Includes a 208/240V, 40-amp circuit. This service capacity is typically used for larger appliance loads in homes and would charge an electric vehicle approximately 10-20 miles per charging hour.

Level 3: A minimum of 480V, 100-amp circuit. This level is used for Tesla Superchargers and other Direct Current Fast Chargers. An electric vehicle can charge 150+ miles per charging hour at this level.

The 2022 CALGreen Code includes the following requirements for EV charging infrastructure in new construction:

New one- and two-family dwellings and townhouses with attached private garages:

One Level 2 EV capable space
Multi-family dwellings and hotels with less than 20 units:
32 25% Level 2 EV ready spaces
10% Level 2 EV capable spaces
Multi-family dwellings and hotels with more than 20 units:
5% Level 2 EV charging stations
25% Level 2 EV ready spaces
10% Level 2 EV capable spaces
Non-residential uses:
5% Level 2 EV charging stations
15% Level 2 EV capable spaces

While California's new minimum requirements are a step forward, it is unlikely that the requirements for multi-family dwellings and non-residential buildings are enough to keep pace with expected electric vehicle growth looking towards 2030. The proposed reach code allows Livermore to prepare for a higher volume of electric vehicles in the future. The amendments include the following requirements for EV charging in new construction:

One- and two-family dwellings and townhouses with attached private garages:

Two Level 2 EV Ready spaces
Multi-family dwellings:
15% Level 2 EV Charging Stations
85% Level 2 EV Ready spaces
Non-residential uses:

Offices
20% Level 2 EV Charging Stations
30% Level 2 EV Capable spaces
Hotels:
5% Level 2 EV Charging Stations
25% Level 2 EV Ready spaces
10% Level 2 EV Capable spaces
All other:
10% Level 2 EV Charging Stations
10% Level 2 EV Capable spaces

Similar to the all-electric reach code, the EV charging reach code grants exceptions in certain cases, including:

Where local utility power supply is inadequate
If construction costs would increase by an average of:
$400 per parking space for affordable housing and non-profit organizations serving low- income and underserved communities; or
$4,500 per parking space for all other uses
Accessory Dwelling Units
Multifamily residential projects that received entitlements before the effective date of the code Spaces in automated mechanical car parking systems

Ensuring that newly constructed residential and non-residential parking has ample EV charging capability will reduce long-term retrofit costs of EV infrastructure installation, while supporting EV adoption and 33 decreasing transportation-related greenhouse gas emissions.

Each of these efforts contribute to a set of construction codes that remain current with evolving industry practice, ensuring broad stakeholder input, building safety, construction consistency, protection of the environment, and economic vitality. The latest codes, as adopted by the State and proposed amendments have been updated to better reflect current technology and standards for construction, including seismic safety, fire protection, environmental protection, and maintenance of buildings.

FISCAL AND ADMINSTRATIVE IMPACTS

None.

ATTACHMENTS

1. Ordinance

2. Exhibit A - Chapter 15.02 Building Code

3. Exhibit B - Chapter 15.04 Property Maintenance Code

4. Exhibit C- Chapter 15.06 Fire Code

5. Exhibit D - Chapter 15.08 Electrical Code

6. Exhibit E - Chapter 15.10 Mechanical Code

7. Exhibit F - Chapter 15.12 Plumbing Code

8. Exhibit G - Chapter 15.14 Residential Code

9. Exhibit H - Chapter 15.26 Green Code

Prepared by: Franc Moufarrej
Acting Building Official

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE REVISING AND AMENDING CHAPTERS 15.02 BUILDING CODE, 15.04 PROPERTY MAINTENANCE CODE, 15.06 FIRE CODE, 15.08 ELECTRICAL CODE, 15.10 MECHANICAL CODE, 15.12 PLUMBING CODE,

15.14 RESIDENTIAL CODE, AND 15.26 GREEN BUILDING STANDARDS

CODE IN THE LIVERMORE MUNICIPAL CODE, AND ADOPTING BY

REFERENCE AND AMENDING BASED UPON LOCAL CLIMATIC,
GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS, THE 2022
CALIFORNIA BUILDING STANDARDS CODE SET FORTH IN TITLE 24 OF

THE CALIFORNIA CODE OF REGULATIONS AND THE FOLLOWING CODES ADOPTED THEREIN - THE 2021 EDITIONS OF THE INTERNATIONAL

BUILDING CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL

PROPERTY MAINTENANCE CODE, THE INTERNATIONAL RESIDENTIAL

CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM MECHANICAL CODE, THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE, AND THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE
Health and Safety Code Sections 17958 and 17958.5 allow the City of Livermore (“City”), by ordinance, to make modifications or changes to the State Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section17922.

Health and Safety Code Section 17958.5 requires that such changes be determined to be reasonably necessary because of local climatic, geological, or topographical conditions.

Health and Safety Code Section 17958.7 requires that the city, before making any modifications or changes pursuant to Health and Safety Code Sections 17958 and 17958.5, make an express finding that each such modification or change is needed.

Such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission.

The City Council hereby determines that the proposed ordinance establishes requirements greater than those set forth in the 2022 edition of the California Building Standards Code codified in Title 24 of the California Code of Regulations, as adopted by the City of Livermore and set forth in chapters 15.02 Building Code,

15.04 Property Maintenance Code , 15.06 Fire Code , 15.08 Electrical Code ,

15.10 Mechanical Code , 15.12 Plumbing Code , 15.14 Residential Code , 15.26 Green Building Code in the Livermore Municipal Code.
35 ORDINANCE NO. ________

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

Section 1. Findings. Amendments of the 2021 International Building Code, the 2021 International Fire Code, the 2021 Uniform Plumbing Code, the 2021 International Residential Code and the 2022 California Green Building Standards Code are necessary to serve the public interest by reducing the risk to life and property of the citizens of Livermore because of the following conditions:
1 . Average yearly rainfall for the City is approximately 16"-18". This rainfall normally occurs from October to April. During the summer months, there is generally no measurable precipitation. Temperatures for this dry period average from 80 to 100 Fahrenheit and are frequently accompanied by light to gusty westerly winds. The City is surrounded by 2300 acres of grasslands, which, in conjunction with the dry and windy climaticconditions, create a hazardous situation that has led to extensive grass and brush fires in recent years. With more development extending from the urban core into this grass covered areas, wind driven fires could lead to severe consequences, as has been the case on several occasions in similar areas of the State. Therefore, additions to the Livermore Building and Fire Codes are necessary.
2 . Uniquely for a city of its size, the City is bisected by several topographical features, including two major creeks (Arroyo Las Positas and Arroyo Mocho), one railroad line (Union Pacific) and Interstate, 580. As a result, the City is divided into discrete districts, such as the Springtown area north of the freeway and the residential area southwest of the Arroyo Mocho. Traffic between these districts is channeled into several major thoroughfares which must cross the creeks, railroad tracks, and freeway, by means of bridges, overpasses or underpasses. Heavy traffic congestion on the City's major streets already act as a barrier to timely responses for fire equipment and emergency services. In the event of an accident or other emergency at one of the key points of intersection between a road and creek, or freeway, sections of the City could become isolated, or response time could be sufficiently slowed so as to increase the risk of substantial injury or damage.

For example, a routine accident at Holmes Street bridge or First Street overpass would greatly reduce response times to the northeastern or southwestern portions of the City. With the inability of emergency services to guarantee rapid response to various sections of the City, it is necessary to mitigate this problem by requiring additional built-in automatic fireprotection systems, which will provide for early detection and initial fire control until the arrival of the firefighting equipment and other emergency services.

The Livermore Valley is subject to ground tremors from large seismic events on the San Andreas, Hayward and Calaveras faults, the major active faults in the San 36 ORDINANCE NO. ________
Francisco Bay Area. In the Valley itself, and adjacent to the City of Livermore, is the active Greenville Fault. The largest recorded earthquake in this immediate area occurred on the San Andreas Fault on October 17, 1989, a 7.1 magnitude. The area also had a sequence of earthquakes on the Greenville Fault in January and February of 1980; these earthquakes had a magnitude of from 5.5 to 5.9 on the Richter Scale. The Mount Diablo thrust fault is also a potentially active fault in the northern end of the valley. Several smaller faults in or around the City include the Las Positas Fault, the Tesla Fault and the Livermore Fault. The U.S. Geological Survey (USGS) has identified a 70% probability of a major earthquake occurring in the region within the next 30 years. Recent earthquake damage studies, including the 1994 Northridge earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants.

The potential for earthquakes influences fire protection planning in several ways. First, a major seismic event would create a city-wide demand on fire protection service which would be beyond the response capacity of the fire department. This potential problem can be mitigated by requiring initial fire control through the installation of automatic fire protection systems.

In addition, the City is adjacent to the Lawrence Livermore National Laboratory and Sandia Laboratory; two facilities engaged in nuclear, energy and scientific research. Because of the presence at both sites of radioactive and other hazardous materials, the fire department's energy in the wake of an earthquake would have to be focused on stabilizing any problems at these facilities.

This also supports the need for other structures in the City to be capable of at least initial fire suppression capacity. Finally, as demonstrated above, structural damage to the overpass or bridges connecting the City's various areas would seriously delay emergency vehicle access to these areas.

Livermore is located in the Livermore Valley, which has local topographical conditions affecting air quality. The Livermore Valley is a sheltered inland valley near the eastern border of the Bay Area. The western side of the valley is bordered by hills of 1,000 to 1,500 feet in elevation with two gaps connecting the valley to the central Bay area, the Hayward Pass, and Niles Canyon. The eastern side of the valley is also bordered by hills of 1,000 to 1,500 feet in elevation with one major passage to the San Joaquin Valley at the Altamont Pass, and several secondary passages. To the north lies the Black Hills and Mt. Diablo. A northwest to southeast channel connects the Diablo Valley to the Livermore Valley. The south side of the Livermore Valley is bordered by mountains approximately 3,000 to 3,500 feet high. Maximum summer temperatures in the Livermore Valley range from the high-80s to the 37 ORDINANCE NO. ________
low-90s, with extremes in the 100s. Winter maximum temperatures range from the high-50s to the low-60s, while minimum temperatures range from the mid-to-high 30s, with extremes in the high teens and low-20s.

The Livermore Valley does have violations of federal and state air quality standards based on these local topographical conditions, as well as local climatic. These local topographical and climatic conditions, combined with the local environmental condition as set forth in the Climate Change Element of the Livermore General Plan (2009), adopted herein by this reference, are the basis for the amendments to the California Building Standards Code.

These conditions contribute to the Bay Area’s status as a “nonattainment area” under the federal Clean Air Act for ozone and particulate matter and therefore, these air quality considerations require additional Green Building measures to amend chapters 2, 4, and 5 of the 2022 Green Building Standards Code (CAL Green) and adopt additional measures “Reach Codes” for electrification and Electric Vehicle charging as applicable, to improve indoor air quality, reduce energy usage, decrease greenhouse gas emissions, and expand clean and renewable energy.
3 . Section 609.3 of the 2021 Uniform Plumbing Code is amended to prohibit the installation of water distribution piping under concrete floor slabs within buildings, due to the corrosive nature (on this piping) of the soil within various areas of the City.

For the above reasons, taken individually and cumulatively, the City Council of the City of Livermore finds that there are building and fire hazards, as well as environmental considerations, peculiar to Livermore that require the increased fire protection, structural design, and green building standards set forth in this ordinance.

Section 2. Adoption by Reference and Amendments . The 2022 California Building Standards Code set forth in Title 24 of the California Code of Regulations, and the following codes adopted therein – the 2021 editions of the International Building Code, the International Fire Code, the International Property Maintenance Code, the International Residential Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the 2020 edition of the National Electrical Code, and the 2022 California Green Building Code, and amendments thereto set forth in the following chapters of the LivermoreMunicipal Code that are revised and amended to read as set forth in the corresponding exhibits attached hereto:

Exhibit A: Chapter 15.02, Building Code
Exhibit B: Chapter 15.04, Property Maintenance Code
Exhibit C: Chapter 15.06, Fire Code
Exhibit D: Chapter 15.08, Electrical Code
Exhibit E: Chapter 15.10, Mechanical Code
Exhibit F: Chapter 15.12, Plumbing Code
Exhibit G: Chapter 15.14, Residential Code
Exhibit H: Chapter 15.26, Green Building Standards Code 38 ORDINANCE NO. ________
Section 3. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 4. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 5. Publication. This ordinance, or a comprehensive summary thereof, shall be published once in a newspaper of general circulation in the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days after its adoption.

Section 6. Effective Date. This ordinance shall take effect 30 days after its adoption, but the revised and amended codes will not take effect for enforcement until 12:01 a.m. on January 1, 2023, when the 2022 California Building Standards Code becomes effective. Until that date and time, the chapters amended and revised by this ordinance will remain in full force and effect for enforcement.

The foregoing ordinance was introduced and its reading waived at the regular meeting of the City Council of the City of Livermore held on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The foregoing ordinance was adopted and its reading waived at the regular meeting of the City Council held on _________________________, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bob Woerner
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
39 Chapter 15.02

BUILDING CODE
Sections:

15.02.010 Title for Citation.

15.02.020 Documents adopted by reference.

15.02.030 Amendments to International Building Code.

15.02.040 CBC Chapter 1, Division II, Title Block amended – Title block.

15.02.050 CBC Chapter 1, Division II, Section 101 amended – General.

15.02.060 CBC Chapter 1, Division II, Section 103 amended – Building and Safety.

15.02.070 CBC Chapter 1, Division II, Section 105.2 amended – Work exempt from permit.

15.02.080 CBC Chapter 1, Division II, Section 106 amended – Floor and Roof Design Loads.

15.02.090 CBC Chapter 1, Division II, Section 109 amended – Fees.

15.02.100 CBC Chapter 1, Division II, Section 110.3.6 amended – Lath and gypsum board inspections.

15.02.110 CBC Chapter 1, Division II, Section 110.3.9 amended – Energy efficiency inspections.

15.02.120 CBC Sections 903 and 904 amended – Fire Protection Systems.

15.02.130 CBC Section 1505.1 amended – Fire Classification, Roof coverings.

15.02.150 CBC Section 1705.3 amended – Concrete Construction, exception 1.

15.02.160 CBC Section 1905.1.7 amended - ACI 318, Section 14.1.4

15.02.170 Residential building permits issuance limitations.

15.02.010 Title for citation.

This chapter shall be known as the "Building Code," may be cited as such and will be referred to in this chapter as "this code."

15.02.020 Documents adopted by reference.

The International Building Code, 2021 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Code Council is hereby adopted, together with Chapter 1 Division II, Scope and Administration and Appendices Chapters C and J, except as set forth in this chapter.

EXHIBIT A
40 15.02.030 Amendments to International Building Code.

The International Building Code (IBC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2022 California Building Code.

15.02.040 CBC Chapter 1, Division II Scope and Administration amended – Title block.

CBC Chapter 1, Division II, Title block shall be amended to read:

15.02.040 CBC Chapter 1, Division II Title Block shall be amended to read:

CHAPTER 1, DIVISION II

LIVERMORE BUILDING CODE ADMINISTRATIVE PROVISIONS

15.02.050 CBC Chapter 1, Division II, Section 101 amended – General.

CBC Chapter 1, Division II, Section 101 is amended to read:

SECTION 101

GENERAL
101.1 Title. These regulations shall be known as the Livermore Building Code, hereinafter referred to as “this code.”
101.2 Scope.

The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one -and two -family dwellings and multiple single -family dwelling (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory str uctures not more than 3 stories above grade plane in height, shall comply with this code or the California Residential Code.
101.2.1 Appendices.

Provisions in the appendices shall not apply unless specifically adopted.

EXHIBIT A
41 101.3 Purpose.

The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, health and general welfare through structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation, energy conservation, and for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations. 101.4 Referenced codes.

The other codes listed in Sections 101.4.1 through 101.4. 7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Gas.

The provisions of the Livermore Plumbing Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of reside ntial and commercial gas appliances and related accessories.
101.4.2 Mechanical.

The provisions of the Livermore Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy- related systems.
101.4.3 Plumbing.

The provisions of the Livermore Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Livermore Plumbing Code shall apply to private sewage disposal systems. 101.4.4 Property maintenance.

The provisions of the Livermore Property Maintenance and Building Codes shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

EXHIBIT A
42 101.4.5 Fire prevention.

The provisions of the Livermore Fire Code shall apply t o matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression , automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 Energy.

The provisions of the California Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.4.7 Existing buildings.

The provisions of the Livermore Existing Building Code shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.

15.02.060 CBC Chapter 1, Division II, Section 103 amended – Building and Safety.

CBC Chapter 1, Division II, Section 103 is amended to read:

SECTION 103

BUILDING AND SAFETY DIVISION
103.1 Creation of enforcement agency.

The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of this code.
103.2 Appointment.

The building official shall be appointed by the city manager. 103.3 Deputies.

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.

EXHIBIT A
43 15.02.070 CBC Chapter 1, Division II, Section 105.2 amended – Work exempt from permit.

CBC Chapter 1, Division II, Section 105.2 is amended to read:

Delete all reference to Electrical, Gas, Mechanical, and Plumbing repairs, appliances and fixtures. These items are addressed in the Livermore Electrical, Mechanical and Plumbing Codes.

15.02.080 CBC Chapter 1, Division II, Section 106 amended – Floor and Roof Design Loads.

CBC Chapter 1, Division II, Section 106 is deleted.

15.02.090 CBC Chapter 1, Division II, Section 109 amended – Fees.

CBC Chapter 1, Division II, Section 109 is amended to read:

Fees are to be set by resolution of the Livermore City Council.

All permit fees, development fees and other city fees, including, but not limited to, the tax on construction and traffic impact fees, may be waived for any permit issued for the repair of any structure as required by Chapter 15.64 (Unreinforced Masonry Building Hazard Reduction Program). Fees may be waived for reconstruction of any building removed in accordance with Chapter 15.64 when such building is replaced to replicate the structure to be removed.

15.02.100 CBC Chapter 1, Division II, Section 110.3. 6 amended – Lath and gypsum board inspections.

CBC Chapter 1, Division II, Section 110.3.6 is amended to read:
110.3.6 Lath and gypsum board inspection.

The Exception is deleted.

15.02.110 CBC Chapter 1, Division II, Section 110.3. 9 amended – Energy efficiency inspections.

CBC Chapter 1, Division II, Section 110.3.9 is amended to read:
110.3.9 Energy efficiency inspections.

Inspections shall be made to determine compliance with Title 24, Part 6 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water -heating equipment efficiency.

EXHIBIT A
44 15.02.120 CBC Sections 903 and 904 amended – Fire Protection Systems.

Sections 903 and 904 are amended as amended in sections 903 and 904 of the Livermore Fire Code (LMC Chapter 15.06).

15.02.130 CBC Section 1505.1 amended - Fire Classification, Roof coverings.

Section 1505.1 is amended by adding the following paragraph:

Roof covering shall be fire retardant minimum Class B or higher for all building regardless of type of construction.

15.02.150 CBC Section 1705.3 amended – Concrete Construction, exception 1.

Section 1705.3, exception 1 is amended to read:

1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2Mpa).

15.02.160 CBC Section 1905.1.7 amended - ACI 318, Section 14.1.4 Section 1905.1.7 is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI Section 14.1.4 and replace with the following:

14.1.4 Plain concrete in structures assigned to seismic design category C, D, E or F.

14.1.4.1 Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two -family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.

EXHIBIT A
45 (b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross -sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two -family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area o f less than 0.002 times the gross cross –sectional area of the footing.

15.02.170 Residential building permits issuance limitations.

The following language is inserted in accordance with the provisions of a voter-approved initiative ordinance, dated April 11, 1972.

A. The people of the city find and declare that it is in the best interest of the city, in order to protect the health, safety, and general welfare of the citizens of the city, to control residential building permits in the said city. Residential building permits include single -family residential, multiple residential, and trailer court building permits within the meaning of this code. Additionally, it is the purpose of this initiative measure to contribute to the solution of air pollution in the city.

B. The specific reasons for the proposed petition are that the undersigned believe that the resulting impact from issuing residential building permits at the current rate results in the following problems mentioned below. Therefore, no further residential building permits are to be issued by the said city until satisfactory solutions, as determined in the standards set forth, exist to all the following problems:

1. Educational facilities. No double sessions in the schools or overcrowded classrooms as determined by the California Education Code.

2. Sewage. The sewage treatment facilities and capacities meet the standards set by the Regional Water Quality Control Board; and

3. Water supply. No rationing of water with respect to human consumption or irrigation and adequate water reserves for fire protection are existing.

EXHIBIT A
46 Chapter 15.04

PROPERTY MAINTENANCE CODE
Sections:

15.04.010 Title for citation.

15.04.020 Documents adopted by reference.

15.04.030 Amendments to the International Property Maintenance Code.

15.04.040 IPMC Chapter 1 amended.

15.04.050 IPMC Chapter 2 amended.

15.04.060 IPMC Chapter 3 amended.

15.04.070 IPMC Chapter 4 amended.

15.04.080 IPMC Chapter 5 amended.

15.04.090 IPMC Chapter 6 amended.

15.04.010 Title for citation.

This chapter shall be known as the "property maintenance code," may be cited as such and will be referred to in this chapter as "this code."

15.04.020 Documents adopted by reference.

The International Property Maintenance Code, 2021 Edition published by the International Code Council is hereby adopted. Where this chapter is inconsistent with state law then in that instance the provisions of the state law shall prevail.

15.04.030 Amendments to International Property Maintenance Code.

The International Property Maintenance Code (IPMC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

15.04.040 IPMC Chapter 1 amended.

Chapter 1 is amended as follows:

Sections 102.3, 102.8, 103, 107, 108, 111.7, 111.8, 112.4, 112.5, 112.6, 113 are deleted.

EXHIBIT B
47 reference to the International Mechanical Code is replaced by the California Mechanical Code. Each reference to the International Residential Code is replaced by the California Residential Code. Each reference to the International Zoning Code is replaced by the Livermore Development Code.

15.04.050 IPMC Chapter 2 amended.

Chapter 2 is amended as follows:

Each reference to the International Building Code is replaced with The California Building Code. Each reference to the International Existing Building Code is replaced by the California Existing Building Code. Each reference to the International Fire Code is replaced by the California Fire Code. Each reference to the International Fuel Gas and International Plumbing Codes is replaced by the California Plumbing Code. Each reference to the International Mechanical Code is replaced by the California Mechanical Code. Each reference to the International Residential Code is replaced by the California Residential Code. Each reference to the International Zoning Code is replaced by the Livermore Development Code.

15.04.060 IPMC Chapter 3 amended.

Chapter 3 is amended as follows:

Sections 302.4, 302.8, 304.14, 304.18, and 309 are deleted.

Section 303.2 is amended to read:

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a private or public swimming pool or spa, shall at all times maintain an enclosure and safety device in accordance with chapter 31B (public swimming pools) of the California Building Code, specifically Section 3109.4.4.

15.04.070 IPMC Chapter 4 amended.

Chapter 4 is amended as follows:

Sections 404.6 and 404.7 are deleted.

EXHIBIT B
48 15.04.080 IPMC Chapter 5 amended.

Chapter 5 is amended as follows:

Each reference to the International Plumbing Code shall be replaced with the California Plumbing Code
Section 506.3 Grease interceptors amend to read:

Grease interceptors shall comply with section 1014 of the California Plumbing Code.

15.04.090 IPMC Chapter 6 amended.

Chapter 6 is amended as follows:

Each reference to the International Mechanical Code is replaced by the California Mechanical Code.

EXHIBIT B
49 1
Chapter 15.06

FIRE CODE
INDEX

15.06.010 Title for citation.

15.06.020 Documents adopted by reference.

15.06.030 Amendments to the International Fire Code.

15.06.040 CFC Chapter 1, Division II, 103.1 amended – Creation of agency

15.06.050 CFC Chapter 1, Division II, Table 105.5.9 amended - Permit Amounts for Compressed Gases.

15.06.060 CFC Chapter 1, Division II, Table 105.5.11 amended - Permit Amounts for Cryogenic Fluids.

15.06.070 CFC Chapter 1, Division II, Section 105.5.18 Item 3 amended - Flammable and combustible liquids.

15.06.080 CFC Chapter 1, Division II, Section 105.5.18 Item 12 added - Permit Amounts for Hazardous Materials, Flammable and Combustible Liquids and Gases at Residential Occupancies.

15.06.090 CFC Chapter 1, Division II, Table 105.5.22 amended - Permit Amounts for Hazardous Materials.

15.06.100 CFC Chapter 1, Division II, Section 105.5.54 Item 4 added - Radioactive Materials.

15.06.110 CFC Chapter 1, Division II, Section 111 deleted - Means of Appeals.

15.06.120 CFC Chapter 1, Division II, 112.4 amended– Violation penalties

15.06.130 CFC Chapter 1, Division II, Section 115 added - Unauthorized Discharges.

15.06.140 CFC Chapter 2 Definitions amended - Hazardous Materials

15.06.150 CFC Chapter 2 Definitions amended - Health Hazard

15.06.160 CFC Chapter 2 Definitions added - Maximum Threshold Quantity

15.06.170 CFC Chapter 2 Definitions added - Moderately Toxic Gas

15.06.180 CFC Section 603.11 added – Multiple Sources of Non-Utility Electricity

15.06.190 CFC Section 611 added - Immersion Heaters.

15.06.200 CFC Section 903.2 amended - Automatic Sprinkler Systems

15.06.210 CFC Section 903.3.1.2.3 amended - NFPA 13R Sprinkler Systems.

15.06.220 CFC Section 903.3.1.3 amended - NFPA 13D Sprinkler Systems.

15.06.230 CFC Section 3208.3.1 amended – Flue space protection.

15.06.240 CFC Section 5001.5.3 added - Hazardous Materials Inventory Statement and Hazardous Materials Management Plan Maintenance

15.06.250 CFC Section 5001.5.4 added - Hazardous Materials Business Plan (HMBP) Reporting Thresholds.

15.06.260 CFC Section 5003.2.10 added - Biodiesel and methanol equipment

15.06.270 CFC Section 5003.5.2 added - Ventilation ducting

15.06.280 CFC Section 5003.5.3 added - H Occupancies.

15.06.290 CFC Section 5003.13 added - Automatic Filling of Tanks

EXHIBIT C
50 2

15.06.300 CFC Section 5005.5 added - Emergency Alarms, supervision and monitoring

15.06.310 CFC Section 5601.1.3 added - Fireworks

15.06.320 CFC Section 5704.2.7.5.8 amended - Exception.

15.06.330 CFC Chapter 60 amended - Title

15.06.340 CFC Section 6004.1 amended - General

15.06.350 CFC Section 6004.1.2 amended - Gas Cabinets

15.06.360 CFC Section 6004.1.3 amended - Exhausted Enclosures

15.06.370 CFC Section 6004.1.4 added - Automatic shut-off valve

15.06.380 CFC Section 6004.1.5 added- Annual Maintenance

15.06.390 CFC Section 6004.1.6 added - Maximum threshold quantity

15.06.400 CFC Section 6004.1.7 added - Reduced flow valve

15.06.410 CFC Section 6004.1.8 added - Fire extinguishing systems

15.06.420 CFC Section 6004.1.9 added - Local gas shut off

15.06.430 CFC Section 6004.1.10 added - Exhaust ventilation monitoring

15.06.440 CFC Section 6004.1.11 added - Emergency response plan

15.06.450 CFC Section 6004.1.12 added - Emergency Response Liaisons

15.06.460 CFC Section 6004.1.13 added - Emergency Drills

15.06.470 CFC Section 6004.1.14 added - Cylinder leak testing

15.06.480 CFC Section 6004.1.15 added - Inert gas purge system

15.06.490 CFC Section 6004.1.16 added - Seismic shutoff valve

15.06.500 CFC Section 6004.1.17 added - Fittings and connections.

15.06.510 CFC Section 6004.2 amended - Indoor storage and use.

15.06.520 CFC Section 6004.2.1 amended - Applicability

15.06.530 CFC Section 6004.2.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

15.06.540 CFC Section 6004.2.1.4 added - Quantities not exceeding minimum threshold quantity per control area.

15.06.550 CFC Section 6004.2.1.5 added - Quantities exceeding minimum threshold quantity per control area.

15.06.560 CFC Section 6004.2.2 amended - General indoor requirements

15.06.570 CFC Section 6004.2.2.5 amended - Piping and controls - stationary tanks, Item 1

15.06.580 CFC Section 6004.2.2.7 amended - Treatment systems.

15.06.590 CFC Section 6004.2.2.10.1 amended - Alarms.

15.06.600 CFC Section 6004.3 amended - Outdoor storage and use.

15.06.610 CFC Section 6004.3.1 amended - Applicability

15.06.620 CFC Section 6004.3.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

15.06.630 CFC Section 6004.3.1.4 added - Quantities not exceeding the minimum threshold quantity per control area.

15.06.640 CFC Section 6004.3.1.5 added - Quantities exceeding the minimum threshold quantity per control area.

15.06.650 CFC Section 6004.3.2 amended - General outdoor requirements.

15.06.660 CFC Section 6004.3.3 - Outdoor storage weather protection for portable tanks and cylinders.

EXHIBIT C
51 3

15.06.010 Title for citation
These regulations shall be known as the "Livermore Fire Code," hereinafter referred to as "this code."

15.06.020 Documents adopted by reference
A. The International Fire Code, 2021 Edition, as amended and set forth in the California Code of Regulations, Title 24, Part 9, published by the International Code Council, is hereby adopted, together with Appendices D, E (informational purposes), F, and H, except as set forth in this chapter.

1. Only those sections, including applicable amendments, of Chapter 4 and Chapter 11 adopted by the California Office of the State Fire Marshal (SFM) as identified in the applicable adoption matrix shall be adopted.

B. The International Fire Code (IFC) adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2022 California Fire Code.

C. These regulations shall be known as the Livermore Fire Code, hereinafter referred to as “this code.”
D. Where there is a reference in the code to the “fire official,” “fire code official” or “authority having jurisdiction,” it shall mean the “Fire Chief” or, in the absence of the fire chief, the Fire Marshal.

15.06.030 Amendments to the International Fire Code
The International Fire Code (IFC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2022 California Fire Code.

15.06.040 CFC Chapter 1, Division II, 103.1 amended - Creation of agency Section 103.1 is amended to read:

The Livermore-Pleasanton Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.

EXHIBIT C
52 4

15.06.050 CFC Chapter 1, Division II, Table 105.5.9 amended – Permit Amounts for Compressed Gases
Table 105.5.9 is amended to read:

Type of Gas Amount (cubic feet at NTP)
Carbon dioxide used in carbon dioxide
enrichment systems
875 (100 lb.)
Carbon dioxide used in insulated carbon
dioxide beverage dispensing
applications
875 (100 lb.)
Corrosive 200
Flammable (except cryogenic fluids and
LPG)
200
Highly Toxic Any amount
Inert, carbon dioxide (not otherwise
permitted above), simple asphyxiant and
other gases with a 1,000 cubic foot
threshold for the HMBP program
1,000
Moderately Toxic Any amount
Oxidizing (including oxygen) 200
Pyrophoric Any amount
Toxic Any amount
All other gases not otherwise permitted
above subject to HMBP reporting (per
material)
200

15.06.060 CFC Chapter 1, Division II, Table 105.5.11 amended – Permit Amounts for Cryogenic Fluids.

Table 105.5.11 is amended to read:

Type of Cryogenic Fluid Cubic feet at NTP
Corrosive Any Amount
Flammable Any Amount
Inert, simple asphyxiant, and other gases
with a 1,000 cubic foot threshold for the
HMBP program
1,000
Oxidizing (including oxygen) 200
Physical or health hazard not indicated
above
Any amount

EXHIBIT C
53 5
All other materials not otherwise
permitted above subject to HMBP
requirements (per material)
200

15.06.070 CFC Chapter 1, Division II, Section 105.5.18 Item 3 amended – Flammable and combustible liquids.

Section 105.5.18 Item 3 is amended to read:

3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons except for fuel oil in the fuel tanks of portable equipment.

15.06.080 CFC Chapter 1, Division II, Section 105.5.18 Item 12 added - Permit Amounts for Hazardous Materials, Flammable and Combustible Liquids and Gases at Residential Occupancies
Section 105.6.17 Item 12 is added to read:

12. Storage of flammable and combustible liquids and flammable gases at Group R occupancies are limited as follows:

1. Outside storage of flammable liquids (including gasoline) is limited to 30 gallons.

2. Outside storage of combustible liquids (including diesel and kerosene) is limited to 55 gallons.

Exception: Emergency generators used for life safety purposes.

3. Outside storage of compressed and liquefied flammable gas is limited to 15 gallons or 540 cubic feet.

Exceptions:
a. Emergency generators used for life safety purposes.
b. Fixed gas supply for occupancies not provided with natural gases services. Amounts over 1,000 gallons must be approved by the fire official.

4. Manufacture of Biodiesel and Methanol at Residential Occupancies. The manufacture of biodiesel and methanol is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies both inside and outside buildings.

15.06.090 CFC Chapter 1, Division II, Table 105.5.22 amended – Permit Amounts for Hazardous Materials.

Table 105.5.22 is amended to add:

EXHIBIT C
54 6
Moderately toxic gas 20 cubic Feet
Irritants and
Sensitizers
550 gallons (liquids)
5000 pounds (solids)
Other materials
subject to HMBP
requirements
55 gallons (liquids)
500 pounds (solids)

15.06.100 CFC Chapter 1, Division II, Section 105.5.54 Item 4 added- Radioactive Materials.

Section 105.5.54 Item 4 is added to read:

4. Radioactive Materials. To store or handle more than one micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more than 1 mill curie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required.

15.06.110 CFC Chapter 1, Division II, Section 111 deleted - Means of Appeals.

Section 111 is deleted.

15.06.120 CFC Chapter 1, Division II, 112.4 – Violation penalties Section 112.4 is amended to read:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, or directive of the fire code official, or of a permit, or certificate used under provisions of this code, shall be punished in accordance with the fines and penalties established by the Livermore Municipal Code and/or, as specified by California Government Code, Section 36900.

Each day that a violation continues after due notice has been served shall be deemed a separate offense.

15.06.130 CFC Chapter 1, Division II, Section 115 added – Unauthorized Discharges.

Section 115 is added to read:

Unauthorized Discharges. The Livermore-Pleasanton Fire Department may charge fees to recover the cost of response to incidents involving the discharge or the threatened discharge of a hazardous (or suspected hazardous) material.

EXHIBIT C
55 7

15.06.140 CFC Chapter 2 Definitions amended - Hazardous Materials The definition of Hazardous Materials is amended as follows:

HAZARDOUS MATERIALS. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter and/or are compressed gases, whether the materials are in usable or waste condition.

15.06.150 CFC Chapter 2 Definitions amended - Health Hazard The definition of Health Hazard is amended as follows:

HEALTH HAZARD. A classification of chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term “health hazard” includes chemicals that are moderately toxic, toxic, highly toxic, or corrosive.

15.06.160 CFC Chapter 2 Definitions added - Maximum Threshold Quantity The definition of Maximum Threshold Quantity is added as follows:

Maximum Threshold Quantity. The following formula shall be used to calculate the maximum threshold quantity for toxic, highly toxic, and moderately toxic gases:

Max TQ (lbs.) = LC50 (ppm) x 2 lb.

For gas mixtures containing one or more toxic, highly toxic or moderately toxic components, the LC50 shall be calculated using CGA Standards P-20 and P-23.

15.06.170 CFC Chapter 2 Definitions added - Moderately Toxic Gas The definition of Moderately Toxic Gas is added as follows:

Moderately Toxic Gas. A chemical or substance that has a medial lethal concentration (LC50) in air of more than 2,000 parts per million but not more than 5,000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.

15.06.180 CFC Section 603.11 added – Multiple Sources of Non-Utility Electricity Section 603.11 is added to read:

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603.11 Multiple Sources of Non-Utility Electricity. When a facility has more than one source of non-utility-based electrical utility power, including emergency and standby power systems, a written shutdown plan shall be provided. A copy of the plan will be posted at or near the main electrical panel in a location approved by the Fire Department. A copy of the plan will be provided in a format acceptable to the Fire Department.

15.06.190 CFC Section 611 added – Immersion Heaters.

Section 611 is added to read:
611 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats, and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

15.06.200 CFC Section 903.2 amended – Automatic Sprinkler Systems 903.2 is deleted and replaced with the following:
903.2 Where required.

1. Automatic fire extinguishing systems shall be provided in all new buildings and structures, including any detached or attached structure added to a parcel of land already containing automatic extinguishing system protected buildings.

Exception:
a. Detached U Occupancies, other than trash enclosures, that do not exceed 400 square feet of floor area.
b. Trash enclosures that have been exempted by the fire code official or that meet the following conditions:
i. The enclosure, including the cover and door, are constructed of non-combustible materials.
ii. The enclosure does not exceed 180 square feet in size iii. The enclosure is stand-alone structure, be a minimum of 20 feet from adjacent buildings and a minimum of 10 feet from property line(s).
iv. The enclosure is used exclusively for waste garbage contained within approved trash containers. No outdoor storage is permitted within the trash enclosure,
c. Photo Voltaic Arrays covering parking stalls only.

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2. Existing commercial or industrial buildings not currently provided with automatic fire extinguishing systems shall be provided with an automatic fire extinguishing system as follows:
a) When modification to the building results in a 50% or greater increase of the total floor area of the building or brings the over total of floor area of the building to more than 8,000 square feet, the entire building shall be provided with an automatic fire extinguishing system.

Exception:

Additions providing accessory storage space not greater than 500 square feet in area to an existing non-fire sprinklered building or solely for the purpose of providing accessibility shall not result in a requirement that the building be provided with an automatic extinguishing system.
b) When a change in occupancy classification results in an increased fire hazard or risk to business operations, or increased life safety hazard of the occupants, the new occupancy and all fire areas that the new occupancy exits through shall be provided with an automatic extinguishing system.

Exception:

Public assembly occupancies not exceeding an occupant load of 150, whether occupying an entire building or a portion of a building that located in single story buildings.

3. Existing residential buildings not currently provided with automatic fire extinguishing systems shall be provided with an automatic fire extinguishing system as follows:
a. When a modification or modifications to the building results in a 50% or greater increase of the total original approved floor area of the building. b. In the garage when a new attached or detached garage is added, and the modification does not otherwise require the addition of an automatic fire protection system throughout the building.

15.06.210 CFC Section 903.3.1.2.3 amended - NFPA 13R Sprinkler Systems.

Section 903.3.1.2.3 is amended to read:
903.3.1.2.3 Attics. Automatic fire sprinklers shall be provided in all attic areas.

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58 10

15.06.220 CFC Section 903.3.1.3 amended - NFPA 13D Sprinkler Systems.

Section 903.3.1.3 is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one- and two-family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80.

In addition to the provisions of NFPA 13D, the automatic fire sprinkler system shall be designed, and sprinklers shall be installed in the following additional locations:

1. Attic shall be provided intermediate temperature-rated residential fire sprinklers for detection coverage and located at a spacing equivalent to 30 feet by 30 feet centers and maximum of 15 feet from outside walls.

2. Fire sprinklers shall be provided in garages. Fire sprinklers shall be intermediate rated, quick response, with a maximum coverage of 130 square feet per sprinkler.

3. Any bathroom located under a stairway, regardless of the bathroom’s size.

4. Any closet located under a stairway regardless of the closet’s size or surfacing materials.

15.06.230 CFC Section 3208.3.1 amended – Flue space protection.

Section 3208.3.1 is amended to read:
3208.3.1 Flue space protection. Flue spaces required by Table 3208.3 above the first tier of storage in single-, double- or multiple-row rack storage installation shall be equipped with approved protection devices. Such devices shall not be removed or modified. Such devices must be repaired or replaced if damaged.

15.06.240 CFC Section 5001.5.3 added - Hazardous Materials Management Plan and Hazardous Materials Management Plan Maintenance
Section 5001.5.3 is added as follows:

Hazardous Materials Management Plans (HMISs) and Hazardous Materials Management Plans (HMMPs) shall be modified and resubmitted when substantive changes occur as defined in the California Health and Safety Code for Hazardous Materials Business Plans (HMBPs).

Whether or not substantive changes have occurred, Hazardous Materials Inventory Statements (HMISs) and Hazardous Materials Management Plans (HMMPs) shall be resubmitted or certified no later than 12 months from the last submittal date.

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Exception: HMISs and HMMPs for unstaffed utility sites that are under the reporting threshold for the Federal Emergency Planning and Community Right- to-Know Act (EPCRA) shall be resubmitted no later than 36 months after the latest submittal.

15.06.250 CFC Section 5001.5.4 added - Hazardous Materials Business Plan (HMBP) Reporting Thresholds.

Section 5001.5.4 is added as follows:

In addition to the reporting requirements of California Health and Safety Code, Chapter

6.95, regulated facilities are required to report any amount of highly toxic, toxic, and moderately toxic gases, oxidizing materials Class 4, oxidizing materials Class 3, unstable (reactive) Class 4, unstable (reactive) Class 3, pyrophoric materials, water reactive Class 3.

15.06.260 CFC Section 5003.2.10 added – Biodiesel and methanol equipment Section 5003.2.10 is added to read:
5003.2.10 Biodiesel and methanol equipment. Biodiesel and methanol manufacturing/processing equipment shall be listed or approved. Such equipment shall at a minimum adequately address electrical system, materials of construction, ventilation, seismic and process control and shut-down safety issues.

15.06.270 CFC Section 5003.5.2 added – Ventilation ducting.

Section 5003.5.2 is added to read:
5003.5.2 Ventilation ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

15.06.280 CFC Section 5003.5.3 added – H Occupancies.

Section 5003.5.3 is added to read:
5003.5.3 H Occupancies. In “H” occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. The identification label must include the product/waste name and flow direction indicator. Labels to be placed no less than once every 20 feet of piping and at changes of direction.

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60 12

15.06.290 CFC Section 5003.13 added – Automatic Filling of Tanks.

Section 5003.13 is added to read:
5003.13 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with approved overfill protection that sends an alarm signal to a location that is normally occupied during normal business hours and immediately stops the filli ng of the tank. The alarm signal and automatic shutoff shall be tested in a manner acceptable to the fire code official on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.

Exception: Emergency generator tanks

15.06.300 CFC Section 5005.5 added - Emergency Alarms, supervision and monitoring
Section 5005.5 is added as follows:
5005.5 Emergency alarms, supervision and monitoring. Emergency alarms, supervision and monitoring shall be provided in accordance with Sections 5004.9 and 5004.10.

15.06.310 CFC Section 5601.1.3 amended – Fireworks.

Section 5601.1.3 is amended as follows:
5601.1.3 Fireworks. The possession, manufacturing, storage, sale, handling, and use of fireworks are prohibited.

Exceptions:

1. Exception 1 is deleted.

2. Exception 2 is deleted.

3. No amendment

4. Exception 4 is deleted.

5. Snap caps and party poppers classified by the California Office of the State Fire Marshal (SFM) as pyrotechnic devices.

15.06.320 CFC Section 5704.2.7.5.8 amended - Exception.

Section 5704.2.7.5.8, Exception, is amended to read:

Exception: Outside aboveground tanks with a capacity of 100 gallons (378 L) or less.

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61 13

15.06.330 CFC Chapter 60 Title
Chapter 60’s title is hereby amended to read:

CHAPTER 60

HIGHLY TOXIC AND TOXIC MATERIALS

AND MODERATELY TOXIC GASES INCLUDING THOSE USED AS

REFRIGERANTS

15.06.340 CFC Section 6004.1 amended - General
Section 6004.1 is hereby amended to read:
6004.1 General. Materials that are stored and used as a gas whether or not the material meets the definition of a compressed gas, and that meet the definition of a highly toxic, toxic or moderately toxic gas shall comply with Section 6004.

Performance based design alternatives may be used for refrigeration systems.

Moderately toxic gases with an LC50 less than or equal to 3,000 parts per million shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.4.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by Section 6004.1.6, shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.

The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1.

Table 6004.1
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet

15.06.350 CFC Section 6004.1.2 amended - Gas Cabinets
Section 6004.1.2 is amended to read:

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62 14
6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:
[balance to remain the same]

15.06.360 CFC Section 6004.1.3 amended - Exhausted Enclosures Section 6004.1.3 is amended to read:
6004.1.2 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.5 and the following requirements:
[balance to remain the same]

15.06.370 CFC Sections 6004.1.4 added - Automatic shut-off valve Section 6004.1.4 is added to read:
6004.1.4 Automatic shut-off valve. An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases as close as possible to the supply container for any of the following:

1. Activation of a manual fire alarm system.

2. Activation of the gas detection system.

3. Failure of emergency power.

4. Failure of primary containment.

5. Seismic activity.

6. Failure of required ventilation.

7. Manual activation at an approved remote location.

15.06.380 CFC Section 6004.1.5 added - Annual Maintenance Section 6004.1.5 is added to read:
6004.1.5 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually.

Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be kept for a minimum of three years and shall be made available to any representative of the Livermore-Pleasanton Fire Department for inspection upon request.

15.06.390 CFC Section 6004.1.6 added - Maximum threshold quantity Section 6004.1.6 is added to read:

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63 15
6004.1.6 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area or H-Occupancy shall comply with the additional requirements for highly toxic gases of Section 6004 of this code.

Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area or H-Occupancy shall comply with the additional requirements for toxic gases of Section 6004 of this code.

15.06.400 CFC Section 6004.1.7 added - Reduced flow valve Section 6004.1.7 is added to read:
6004.1.7 Reduced flow valve. All containers of materials other than lecture bottles containing highly toxic material and having a vapor pressure exceeding 29 psi shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source.

Exception: When the process use rate is approximately equal to the maximum flow rate of the cylinder/tank valve.

15.06.410 CFC Section 6004.1.8 added - Fire extinguishing systems Section 6004.1.8 Fire extinguishing systems is added to read:
6004.1.8 Fire extinguishing systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 5004.5.

15.06.420 CFC Section 6004.1.9 added - Local gas shut off Section 6004.1.9 Local gas shut off is added to read:
6004.1.9 Local gas shut off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design.

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64 16

15.06.430 CFC Section 6004.1.10 added - Exhaust ventilation monitoring Section 6004.1.10 Exhaust ventilation monitoring is added to read:
6004.1.10 Exhaust ventilation monitoring. For highly toxic gases, toxic and moderately toxic gases exceeding minimum threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The system shall monitor actual air flow in the exhaust system. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area.

15.06.440 CFC Section 6004.1.11 added - Emergency response plan Section 6004.1.11 Emergency response plan is added to read:
6004.1.11 Emergency response plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official.

15.06.450 CFC Section 6004.1.12 added - Emergency Response Liaisons Section 6004.1.12 Emergency Response Liaisons is added to read:
6004.1.12 Emergency Response Liaisons. Responsible persons shall be designated and trained to be liaison personnel for the Livermore-Pleasanton Fire Department.

There persons shall aid the Fire Department in preplanning emergency responses and understanding the materials and operations utilizing the gases.

15.06.460 CFC Section 6004.1.13 added - Emergency Drills Section 6004.1.13 Emergency Drills is added to read:
6004.1.13 Emergency Drills. Emergency drills of the on-site emergency response personnel and liaisons shall be conducted on a regular basis but not less than every six months. Records of drills conducted shall be maintained for three years.

15.06.470 CFC Section 6004.1.14 added - Cylinder leak testing Section 6004.1.14 Cylinder leak testing is added to read:

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6004.1.14 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.

15.06.480 CFC Section 6004.1.15 added - Inert gas purge system Section 6004.1.15 is added to read:
6004.1.15 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand.

Exception: Refrigeration systems.

15.06.490 CFC Section 6004.1.16 added - Seismic shutoff valve Section 6004.1.16 is added to read:
6004.1.16 Seismic shutoff valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than 3,000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds.

15.06.500 CFC Section 6004.1.17 added - Fittings and connections.

Section 6004.1.17 is added to read:
6004.1.17 Fittings and connections. Fittings and connections shall be located in a gas cabinet, exhausted enclosure, gas room or exhausted valve manifold box.

Exception: Welded connections.

15.06.510 CFC Section 6004.2 amended - Indoor storage and use.

Section 6004.2 is amended to read:

The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.4.

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66 18

15.06.520 CFC Section 6004.2.1 amended - Applicability
Section 6004.2.1 is amended to read:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1.1 through 6004.2.1.5.

15.06.530 CFC Section 6004.2.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

Section 6004.2.1.1 is amended to read:
6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control area. The indoor storage or use of highly toxic and toxic compressed gases in amounts not exceeding the maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.2.1.4 and 6004.2.1.5.

15.06.540 CFC Section 6004.2.1.4 added - Quantities not exceeding minimum threshold quantity per control area.

Section 6004.2.1.4 is added to read:
6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, and 6004.1 and Chapter 50.

15.06.550 CFC Section 6004.2.1.5 added - Quantities exceeding minimum threshold quantity per control area.

Section 6004.2.1.5 is added to read:
6004.2.1.5 Quantities exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50.

15.06.560 CFC Section 6004.2.2 amended - General indoor requirements.

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Section 6004.2.2 is amended to read:
6004.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).

15.06.570 CFC Section 6004.2.2.5 amended - Piping and controls -stationary tanks, Item 1
Section 6004.2.2.5 Piping and controls – stationary tanks, Item 1 is amended by deleting the exception
CFC Section 6004.2.2.5 Piping and controls -stationary tanks

1. Pressure relief devices shall be vented to a treatment system designed in accordance with Section 6004.2.2.7
Delete exception.

15.06.580 CFC Section 6004.2.2.7 amended - Treatment systems.

Section 6004.2.2.7 is amended to delete exception 2:
6004.2.2.7 Treatment systems - Delete Exception 2.

15.06.590 CFC Section 6004.2.2.10.1 amended - Alarms.

Section 6004.2.2.10.1 is amended to delete the exception:
6004.2.2.10.1 Alarms. Delete Exception.

15.06.600 CFC Section 6004.3 amended - Outdoor storage and use.

Section 6004.3 is amended to read:
6004.3 Outdoor storage and use. The outdoor storage or use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.1 through 6004.3.4.

The minimum threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor storage and use are set forth in Table 6004.1.

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68 20

15.06.610 CFC Section 6004.3.1 amended - Applicability
Section 6004.3.1 is amended to read:
6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.5.

15.06.620 CFC Section 6004.3.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.

Section 6004.3.1.1 is amended to read:
6004.3.1.1 Quantities not exceeding the maximum allowable quantity per control area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 5003.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.3.1.4 and 6004.3.1.5.

15.06.630 CFC Section 6004.3.1.4 added Quantities not exceeding the minimum threshold quantity per control area.

Section 6004.3.1.4 is added to read:
6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.

15.06.640 CFC Section 6004.3.1.5 added - Quantities exceeding the minimum threshold quantity per control area.

Section 6004.3.1.5 is added to read:
6004.3.1.5 Quantities exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.3 and Chapter 50.

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15.06.650 CFC Section 6004.3.2 amended - General outdoor requirements.

Section 6004.3.2 is amended to read:
6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.

Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4.

Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).

15.06.660 CFC Section 6004.3.3 amended - Outdoor storage weather protection for portable tanks and cylinders.

Section 6004.3.3 is amended to read:
6004.3.3 Outdoor storage weather protection for portable tanks and cylinders. Weather protection in accordance with Section 5004.13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5.

Delete Exceptions.

EXHIBIT C
70 Chapter 15.08

ELECTRICAL CODE
Sections:

15.08.010 Title for citation.

15.08.020 Documents adopted by reference.

15.08.030 Amendments to the National Electrical Code.

15.08.040 Connection to energy source – Conditions.

15.08.010 Title for citation.

This chapter shall be known as the "electrical code," may be cited as such and will be referred to in this chapter as "this code."

15.08.020 Documents adopted by reference.

The National Electrical Code, 2020 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the National Fire Protection Association is hereby adopted.

15.08.030 Amendments to the National Electrical Code.

The National Electrical Code adopted by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 20 22 California Electrical Code, Title 24 of the California Code of Regulations.

15.08.040 Connection to energy source – Conditions.

A. It is unlawful for any person, firm or corporation to make connection fr om a source of electrical energy or to supply electrical service to any electrical wiring or equipment, for the installation of which a permit is required, unless authorized by the building official.

B. When the electrical wiring and equipment is found to be in conformity with the provisions of this code, the building official shall indicate such approval by signing and dating the permit card and, if the building or premises containing the electrical installation has been approved by the building official f or occupancy, the building official shall notify the serving electrical utility of such approval and shall authorize the connection of the installation to the source of supply.

EXHIBIT D
71 C. When a building has not been approved for occupancy, the building offi cial may authorize temporary connection of approved electrical installation, or portions thereof, to a source of energy for purposes of testing equipment, providing light to facilitate completion of such building, or similar purposes, provided the owner ha s filed a statement with the building official certifying that the building will not be occupied for purposes other than doing work necessary to complete the building.

EXHIBIT D
72 Chapter 15.10

MECHANICAL CODE
Sections:

15.10.010 Title for citation.

15.10.020 Document adopted by reference.

15.10.030 Amendments to Uniform Mechanical Code

15.02.040 CMC Chapter 1, Division II Administration Section 104.4.6 deleted – Retention of Plans.

15.02.050 CMC Chapter 1, Division II Administration Section 104.5 amended – Fees.

15.02.060 CMC Chapter 1, Division II Administration Section 106.3 amended – Penalties.

15.02.070 CMC Chapter 1, Division II Administration Section 1 07.0 deleted – Appeal Board.

15.10.010 Title for citation.

This chapter shall be known as the “mechanical code,” may be cited as such and will be referred to in this chapter as “this code.”

15.10.020 Document adopted by reference.

The Uniform Mechanical Code, 2021 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Association of Plumbing and Mecha nical Officials together with Chapter 1 Division II, Administration is hereby adopted.

15.02.030 Amendments to Uniform Mechanical Code.

The Uniform Mechanical Code (UMC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2022 California Mechanical Code (CMC)

15.02.040 CMC Chapter 1, Division II Administration Section 104.4.6 deleted – Retention of Plans.
.

Section 104.4.6 Retention of Plans is hereby deleted

EXHIBIT E
73 15.02.050 CMC Chapter 1, Division II Administration Section 104.5 amended – Fees.

Section 104.5 Fees is amended to read:

Fees are to be set by resolution of the Livermore City Council.

15.02.060 CMC Chapter 1, Division II Administration Section 106.3 amended – Penalties.
.

Section 106.3 Penalties is amended to read:

Any person, firm, or corporation violating a provision of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16, 1.20 and 1.24.

15.02.070 CMC Chapter 1, Division II Administration Section 107.0 deleted – Appeal Board.
.

Section 108.0 Board of Appeals is hereby deleted

EXHIBIT E
74 Chapter 15.12

PLUMBING CODE
Sections:

15.12.010 Title for citation.

15.12.020 Document adopted by reference.

15.12.030 Amendments to Uniform Plumbing Code.

15.12.040 CPC Chapter 1, Division II Administration Section 104.4.6 deleted – Retention of Plans

15.12.050 CPC Chapter 1, Division II Administration Section 104.5 amended – Fees.

15.12.060 CPC Chapter 1, Division II Administration Section 106.3 amended – Penalties.

15.12.070 CPC Chapter 1, Division II Administration Section 107.0 deleted – Appeals Board.

15.12.080 CPC Chapter 1, Division II Administration Section 10 8 added - Disconnection.

15.12.090 CPC Section 609.3 amended - Under Concrete Slab

15.12.010 Title for citation.

This chapter shall be known as the "plumbing code," may be cited as such and will be referred to in this chapter as "this code."

15.12.020 Document adopted by reference.

The Uniform Plumbing Code, 20 21 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted, except as hereinafter amended in this chapter.

15.12.030 Amendments to Uniform Plumbing Code.

The Uniform Plumbing Code (UPC) adopted herein by reference is hereb y amended by the following additional deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 20 22 California Plumbing Code, (CPC) Title 24 of the California Code of Regulations.

15.12.040 CPC Chapter 1, Division II Administration Section 104.4.6 deleted – Retention of Plans.

Section 104.4.6 Retention of Plans is hereby deleted

EXHIBIT F
75 15.12.050 CPC Chapter 1, Division II Administration Section 104.5 amended – Fees.

Section 104.5 Fees is amended to read:

Fees are to be set by resolution of the Livermore City Council.

15.12.060 CPC Chapter 1, Division II Administration Section 106.3 amended – Penalties.

Section 106.3 Penalties is amended to read:

Any person, firm, or corporation violating a provision of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16, 1.20 and 1.24.

15.12.070 CPC Chapter 1, Division II Administration Section 107.0 deleted – Appeals Board.

Section 107.0 Board of Appeals is hereby deleted

15.12.080 CPC Chapter 1, Division II Administration Section 10 8 added - Disconnection.

Section 108 Disconnection is added to read:

The building official is authorized to order discontinuance of utility service to any buildings or structure which has been declared by the building official to be unsafe to occup y. No person, firm or corporation shall reconnect or supply service to such building without first having received express authorization from the building official.

15.12.090 CPC Section 609.3 amended - Under Concrete Slab.

Section 609.3 is amended to read:

Water distribution systems shall not be installed under a concrete floor slab within a building.

EXHIBIT F
76 Chapter 15.14

RESIDENTIAL CODE
Sections:

15.14.010 Title for citation.

15.14.020 Document adopted by reference.

15.14.030 Amendments to International Residential Code.

15.14.040 CRC Chapter 1, Division II amended – Title block.

15.14.050 CRC Chapter 1, Division II, Section 101.1 amended – Title

15.14.060 CRC Chapter 1, Division II, Section R102 amended - Applicability

15.14.070 CRC Chapter 1, Division II, Section 103 amended – Building and Safety.

15.14.080 CRC Chapter 1, Division II, Section R105 amended - Permits.

15.14.090 CRC Chapter 1, Division II, Section R107 deleted - Temporary Structures

15.14.100 CRC Chapter 1, Division II, Section R108 amended - Fees

15.14.110 CRC Chapter 1, Division II, Section R110 amended - Certificate of Occupancy

15.14.120 CRC Chapter 1, Division II, Section R112 deleted - Board of Building Appeals

15.14.130 CRC Chapter 1, Division II, Section R113 amended - Violations

15.14.140 CRC Chapter 1, Division II, Section R114.4 amended - Failure to comply

15.14.150 CRC Table R301.2(1) amended - Climatic and Geographic Design Criteria

15.14.160 CRC Section R403.1.3 amended – Seismic reinforcing.

15.14.170 CRC Section R902.1 amended - Roofing covering materials.

15.14.010 Title for citation.

This chapter shall be known as the "Residential Code," may be cited as such and will be referred to in this chapter as "this code."

15.14.020 Documents adopted by reference.

The International Residential Code, 20 21 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Code Council is hereby adopted together with Chapter 1 Division II, Administration.

15.14.030 Amendments to International Residential Code.

The International Residential Code adopted herein by reference is hereby amended by the following additional deletions and amendments thereto as set forth in this chapter.

Reference numbers herein are taken from the 2022 California Residential Code (CRC), Title 24 of the California Code of Regulations.

EXHIBIT G
77 15.14.040 CRC Chapter 1, Division II amended – Title block.

CRC Chapter 1, Division II, Title block shall be amended to read:

CHAPTER 1, DIVISION II

LIVERMORE RESIDENTIAL CODE ADMINISTRATIVE PROVISIONS

15.14.050 CRC Chapter 1, Division II, Section 101.1 amended – Title.

CRC Chapter 1, Division II, Section 101.1 is amended to read:

R101.1 Title. These provisions shall be known as the “Residential Code for One-and Two- family Dwellings of the “City of Livermore” and shall be cited as such and will be referred to hereinafter as “this code.”

15.14.060 CRC Chapter 1, Division II, Section R102 amended - Applicability Section R102.7 Existing Structures is amended to read:

The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Livermore Property Maintenance Code or the Livermore Fire Code, or as deemed necessary by the building official for the general safety and welfare of the occupants and the public.

15.14.070 CRC Chapter 1, Division II, Section 103 amended – Building and Safety.

CBC Chapter 1, Division II, Section 103 is amended to read:

SECTION 103

BUILDING AND SAFETY DIVISION
103.1 Creation of enforcement agency.

The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official.
103.2 Appointment.

The building official shall be appointed by the city manager. 103.3 Deputies.

EXHIBIT G
78 In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.

15.14.080 CRC Chapter 1, Division II, Section R105 amended - Permits.

R105.2 Work exempt from permits is amended to read:

Delete all reference to Electrical, Gas, Mechanical, and Plumbing repairs, appliances and fixtures. These items are addressed in the Livermore Electrical, Mechanical and Plumbing Codes.

Delete:

The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however that if any concealed trap, drainpipe, water, soil. Waste or vent pipe becomes defective, and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement of valves, pipes or fixtures.

R105.2.1 Emergency repairs is deleted
R105.2.2 Repairs is deleted

15.14.090 CRC Chapter 1, Division II, Section R107 deleted - Temporary Structures
R107 Temporary Structures is deleted

15.14.100 CRC Chapter 1, Division II, Section R108 amended- Fees R108 Fees is amended to read:

Fees are to be set by resolution of the Livermore City Council.

EXHIBIT G
79 15.14.110 CRC Chapter 1, Division II, Section R110 amended - Certificate of Occupancy
CRC Section R110.1 Use and Occupancy is amended to read:

Newly constructed one or two family dwellings shall not be used or occupied until the building official has issued a certificate of occupancy therefor provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

CRC Section R110.3 Certificate issued –amend to read:

After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building and safety division, the building official shall issue a certificate of occupancy.

15.14.120 CRC Chapter 1, Division II, Section R112 deleted Board of Building Appeals
R112 Board of Appeals is deleted

15.14.130 CRC Chapter 1, Division II, Section R113- amended Violations R113.2 Notice of violation is deleted
R113.3 Prosecution of violation is deleted
R113.4 Violation penalties is amended to read:

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16, 1.20 and 1.24.

15.14.140 CRC Chapter 1, Division II, Section R114 .4 amended - Failure to comply
CRC Section R114.4 Failure to comply is amended to read:

Any person who shall continue work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16, 1.20 and 1.24.

EXHIBIT G
80 15.14.150 CRC Table R301.2(1) amended - Climatic and Geographic D esign Criteria
Table R301.2(1) is amended to read:

TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND
SNOW
LOAD

WIND DESIGN

SEISMIC
DESIGN
CATEGORYf

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMPe
ICE

BARRIER

UNDERLAY
MENT
REQUIREDh
FLOOD
HAZARDSg
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speedd
(mph)
Topographic
effectsk Weatheringa
Frost line
depthb Termitec
0 85 No D0,D1
D2,
Negligible 12 inches Very
Heavy
32° no See FIRM 2% 58.7

15.14.160 CRC Section R403.1.3 amended – Seismic reinforcing.

The first paragraph of Section R403.1.3 is amended to read:

R403.1.3 Seismic Reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.

In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, plain concrete footings without longitudinal reinforcement supporting walls and isolated plain concrete footings supporting columns or pedestals are permitted.

15.14.0170 CRC Section R902.1 amended - Roofing covering materials.

Section R902.1 is amended to read:

Roof coverings. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in Livermore. Roofing shall be tested and listed in accordance with UL790 or ASTM E 108.

EXHIBIT G
81 Chapter 15.26

GREEN BUILDING STANDARDS CODE
Sections:

15.26.010 Title for citation.

15.26.020 Document adopted by reference.

15.26.030 Amendments to California Green Building Standards Code.

15.26.040 GBSC Section 202 amended - Definitions

15.26.050 GBSC Section 304.1.2 added – Alternate methods.

15.26.060 GBSC Section 4.106.1 amended – General.

15.26.070 GSBC Section 4.106.4 amended – Electric vehicle (EV) charging for new construction.

15.26.080 GBSC section 4.106.4.1 amended - New One- And Two-Family Dwellings and Townhouses with Attached Private Garages

15.26.090 GBSC section 4.106.4.2 amended -New Multifamily Dwellings, and New Residential Parking Facilities

15.26.100 GBSC section 4.106.4.2.1 Deleted -Multifamily Development Projects with Less Than 20 Dwelling Units: And Hotels and Motels with Less Than 20 Sleeping Units or Guest Rooms

15.26.110 GBSC section 4.106.4.2.2 deleted - Multifamily Development Projects With 20 or More Dwelling Units, Hotels and Motels With 20 or More Sleeping Units or Guest Rooms

15.26.120 GBSC section 4.106.4.2.2.1 amended - Electric Vehicle Charging Stations (EVCS)

15.26.130 GBSC section 4.106.4.2.2.1.1 amended - Location

15.26.140 GBSC section 4.106.4.2.2.1.2 amended – Electric Vehicle Charging Stations (EVCS) Dimensions.

15.26.150 GBSC section 4.106.4.2.2.1.3 deleted - Accessible EV Spaces

15.26.160 GBSC section 4.106.4.2.3 deleted - EV Space Requirements

15.26.170 GBSC section 4.106.4.2.4 deleted - Identification

15.26.180 GBSC section 4.106.4.2.5 deleted - Electric Vehicle Ready Space Signage

15.26.190 GBSC Section 4.106.5 added – All-electric Buildings

15.26.200 GBSC Section 4.106.5.1 added - New Construction

15.26.210 GBSC Section 4.106.5.2 added - Requirements for combustion equipment.

15.26.220 GSBC Section 5.106.5.3 amended – Electric vehicle (EV) charging.

15.26.230 GSBC Section 5.106.5.3.1 amended – EV capable spaces.

15.26.240 GSBC Section 5.106.5.3.2 amended – Electric vehicle charging stations (EVCS)

15.26.250 GSBC Section 5.106.5.3.3 amended - Use of automatic load management systems (ALMS).

15.26.260 GSBC Section 5.106.5.3.4 amended - Accessible EVCS

15.26.270 GSBC Section 5.106.13 added – All-Electric Buildings.

15.26.280 GSBC Section 5.106.13.1. added - New construction.

EXHIBIT H
82 15.26.290 GSBC Section 5.106.13.2. added - Requirements for combustion equipment.

15.26.010 Title for citation.

This chapter shall be known as the "Green Building Standards Code," may be cited as such and will be referred to in this chapter as "this code."

15.26.020 Documents adopted by reference.

The Green Building Standards Code, 2022 Edition, as set forth in the California Building Standards Code (GBSC), Title 24 of the California Code of Regulations, published by the State of California is hereby adopted.

15.26.030 Amendments to the California Green Building Standards Code.

The Green Building Standards Code adopted herein by reference is hereby amended by the following additional deletions and amendments thereto as set forth in this chapter.

15.26.040 GBSC Section 202 amended - Definitions.

Section 202 is amended to add, amend, or delete the following definitions:

Section 202 is amended to add the following definitions:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

ALL-ELECTRIC BUILDING . A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat -processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors t hat are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

EXHIBIT H
83 ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after cons truction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction d ocuments shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40 -ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on -site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40 - ampere) at each parking space.

EXHIBIT H
84 LEVEL 2 EV READY. A parking space th at is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30 -ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized t o accommodate future Level 2 EV Ready (208/240 volt, 40 - ampere) at each parking space.

Section 202 is amended to amend the following definitions:

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

Section 202 is amended to delete the following definitions:

ELECTRIC VEHICLE (EV) READY SPACE. [HCD]
ELECTRIC VEHICLE (EV) CAPABLE SPACE.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD]

EXHIBIT H
85 15.26.050 GBSC Section 304.1.2 added – Alternate methods.

Section 304.1.2 is added to read:

Alternate Methods. As an alternative to achieving compliance with the Green Building Standards Code requirements, a project may instead achieve compliance through; (i) the United States Green Building Council’s Leadership in Energy and Environmental Design (LEED), (ii) Build It Green’s Green Point Rating System; or (iii) another recognized and approved third party green building standards and rating system. Equivalency to the Green Building Standards Code shall be evalua ted, detailed and certified by the design professional.

15.26.060 GBSC Section 4.106.1 amended – General.

Section 4.106.1 is amended to read:

General: Preservation and use of the available natural resources shall be accomplished through evaluation and careful planning to minimize negative effects on the site and adjacent areas. Preservation of slopes, management of storm water drainage and erosion controls shall comply with this section, and the provisions of the Stormwater Management and Control Program (Municipal Code chapter 13.45).

15.26.070 GSBC Section 4.106.4 amended – Electric vehicle (EV) charging for new construction.

Section 4.106.4 is amended to read:

4.106.4 Electric Vehicle (EV) Charging for New Construction New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Signage for EVCS and EV Ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

EXHIBIT H
86 1.1. Where there is no local utility power supply, or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.

15.26.080 GBSC section 4.106.4.1 amended- New One- And Two-Family Dwellings and Townhouses with Attached Private Garages
Section 4.106.4.1 is amended to read:

One parking space provided per unit shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 2 EV Ready space.

Exception: Accessory Dwelling Units with new parking facilities shall provide one Level 2 EV Capable space.

Delete Exception and sub-section 4.106.4.1.1 Identification

15.26.090 GBSC section 4.106.4.2 amended-New Multifamily Dwellings, Hotels and Motels and New Residential Parking Facilities
Section 4.106.4.2 is amended to read:

4.106.4.2 New Multifamily Dwellings, Hotels and New Residential Parking Facilities
Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.2.

EXHIBIT H
87 EV Ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

15.26.100 GBSC section 4.106.4.2.1 deleted-Multifamily Development Projects with Less Than 20 Dwelling Units: And Hotels and Motels With Less Than 20 Sleeping Units or Guest Rooms
Section 4.106.4.2.1 is deleted

15.26.110 GBSC section 4.106.4.2.2 deleted - Multifamily Development Projects With 20 or More Dwelling Units, Hotels and Motels With 20 or More Sleeping Units or Guest Rooms
section 4.106.4.2.2 is deleted

15.26.120 GBSC section 4.106.4.2.2.1 amended - Electric Vehicle Charging Stations (EVCS)
Section 4.106.2.2.1 is amended to read:

Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section 4.106.4.2.2.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

15.26.130 GBSC section 4.106.4.2.2.1.1 amended – Location Section 4.106.4.2.2.1.1 is amended to read:

EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

EXHIBIT H
88 Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section

4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2.

15.26.140 GBSC section 4.106.4.2.2.1.2 amended – Electric Vehicle Charging Stations (EVCS) Dimensions
Section 4.106.4.2.2.1.2 is amended to read:

4.106.4.2.2.1.2 Dimensions
The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section

4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.

15.26.150 GBSC section 4.106.4.2.2.1.3 deleted - Accessible EV Spaces Section 4.106.4.2.2.1.3 is deleted

15.26.160 GBSC section 4.106.4.2.3 deleted - EV Space Requirements Section 4.106.4.2.3 is deleted

15.26.170 GBSC section 4.106.4.2.4 deleted - Identification

EXHIBIT H
89 Section 4.106.4.2.4 is deleted

15.26.180 GBSC section 4.106.4.2.5 deleted - Electric Vehicle Ready Space Signage
Section 4.106.4.2.5 is deleted

15.26.190 GBSC Section 4.106.5 added – All-electric Buildings.

Section 4.106.5 is added to read:

New construction buildings shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

15.26.200 GBSC Section 4.106.5.1 added - New Construction.

Section 4.106.5.1 is added to read:

New Construction: All newly constructed buildings shall be all-electric buildings.

Building additions, alterations, repairs, and tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of new construction shall be made by the local enforcing agency.

Exceptions:

1. Multifamily residential building projects that have approved entitlements before the effective date of this ordinance may install fuel gas for water heating systems serving multiple dwelling units. The applicant shall comply with Section

4.106.5.2.

2. Accessory Dwelling Units (ADUs) that are constructed on a lot with an existing residence that utilizes fuel gas.

3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.

EXHIBIT H
90 Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The local enforcing agency shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

15.26.210 GBSC Section 4.106.5.2 added - Requirements for combustion equipment.

Section 4.106.5.2 is added to read:

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

EXHIBIT H
91 5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

15.26.220 GSBC Section 5.106.5.3 amended – Electric vehicle (EV) charging.

Section 5.106.5.3 is amended to read:

5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $400 per parking space for non-profit organizations serving low-income, vulnerable, and/or underserved communities or $4,500 per parking space for all others. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

15.26.230 GSBC Section 5.106.5.3.1 amended – EV capable spaces.

Section 5.106.5.3.1 is amended to read:

EXHIBIT H
92 5.106.5.3.1 Nonresidential Occupancy Class B Offices, including mixed-class buildings that include Occupancy Class B Office space – Shared Parking Space.

Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

Delete table 5.106.5.3.1

15.26.240 GSBC Section 5.106.5.3.2 amended – Electric vehicle charging stations (EVCS)
Section 5.106.5.3.2 is amended to read:

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

15.26.250 GSBC Section 5.106.5.3.3 amended - Use of automatic load management systems (ALMS).

Section 5.106.5.3.3 is amended to read:

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

15.26.260 GSBC Section 5.106.5.3.4 amended - Accessible EVCS.

Section 5.106.5.3.4 is amended to read:

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and

EXHIBIT H
93 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

15.26.270 GSBC Section 5.106.13 added – All-Electric Buildings.

Section 5.106.13 is added to read:

5.106.13 All-electric buildings. New construction buildings shall comply with Section

5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

15.26.280 GSBC Section 5.106.13.1. added - New construction.

Section 5.106.13.1 is added to read:

New construction: All newly constructed buildings shall be all-electric buildings.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat- processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and b. The need cannot be achieved equivalently with an electric heating appliance; and
c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available. d. The applicant shall comply with Section 5.106.13.2.

2. Laboratories, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install combustion equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
e. A business, research, or educational-related need to use combustion equipment; and
f. The need cannot be achieved equivalently with an electric heating appliance; and
g. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available. h. The applicant shall comply with Section 5.106.13.2.

EXHIBIT H
94 3. Hotels and motels with eighty or more guestrooms may utilize fuel gas in on-site commercial clothes drying equipment. The applicant shall comply with Section

5.106.13.2.

4. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The local enforcing agency shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

15.26.290 GSBC Section 5.106.13.2. added - Requirements for combustion equipment.

Section 5.106.13.2 is added to read:

Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

EXHIBIT H
95 3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

EXHIBIT H
96 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing execution of a Landscape Maintenance Agreement with Taylor Morrison, LLC, for landscape improvements located within North N Street right-of-way.

RECOMMENDED ACTION

SUMMARY
Taylor Morrison of California, LLC (Developer) is nearing completion of Tract 8358 (Uptown Townhomes). Prior to tract acceptance of the project, the Developer is required to enter into a Landscape Maintenance Agreement with the City of Livermore (City) to provide the funding for the maintenance, operations, repair and replacement of landscape improvements located within North N Street right-of-way that were installed as part of the development.

DISCUSSION
On July 13, 2020, the City approved Tract 8358 to create 44 townhomes located on Chestnut Street at North N Street. The project included requirements to install public and private infrastructure to serve these new residential units. The project also included a requirement to install landscaping at the terminus of North N Street to both beautify the area and provide a buffer to the adjacent railroad tracks. A portion of this new landscaped area sits within the public right-of-way on North N Street. The remainder of the landscaping sits within the private area of the subdivision.

To ensure that the portion of the landscaping within the City right-of-way is properly maintained, the Developer was required to enter into a Landscape Maintenance Agreement with the City prior to tract acceptance. The proposed Landscape Maintenance Agreement (Exhibit A to the resolution) obligates the Developer to fund the maintenance, operations, repair and replacement of the portion of the landscaping within North N Street right of way.

97 The construction of the project is nearing completion and will be eligible for tract acceptance within the next couple of months. Approval of this landscape maintenance agreement will fulfill one of the conditions of approval for the project.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with this item.

ATTACHMENTS

1. Vicinity Map

2. Resolution

3. Exhibit A - Landscape Maintenance Agreement

Prepared by: Debbie Salgado
Senior Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
98 City of Livermore
This map is based on 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 errors.
2,000Livermore IT, GIS Services
333.3
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 166.67 Feet333.30
8/15/2022 4:21:25
PM
Prepared:

Notes:

Scale:

ATTACHMENT 1
99 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A LANDSCAPE

MAINTENANCE AGREEMENT WITH TAYLOR MORRISON OF

CALIFORNIA, LLC AS A CONDITION OF APPROVAL FOR FINAL
TRACT MAP 8358
Taylor Morrison of California, LLC, has presented a Landscape Maintenance Agreement providing a mechanism for the maintenance of the landscape improvements as required as a condition of approval of Final Tract Map 8358, attached to this resolution as Exhibit A.

The City Engineer reviewed and approved the staff report which recommends approval of the Landscape Maintenance Agreement.

On May 13, 2019, the City Council adopted Resolution No. 2017-010, which, among other things, approved a Vesting Tentative Tract Map for 8358 and adopted a Mitigated Negative Declaration concerning the project in compliance with the requirements of the California Environmental Quality Act. Any potential impacts to the environment that may result due to approval of the Landscape Maintenance Agreement were considered as part of the environmental review approved by Resolution No. 2017- 010.

The requirements of the California Environmental Quality Act have been satisfied with the approval of Resolution No. 2017-010.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore as follows:

1. The City Council approves the Landscape Maintenance Agreement, attached hereto as Exhibit A.

2. The City Council authorizes the City Manager to sign the agreement on behalf of the City of Livermore.

3. The City Council authorizes and directs the City Clerk to record the Landscape Maintenance Agreement with the County Recorder.

4. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed Landscape Maintenance Agreement.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 27, 2022, by the following vote:
100
RESOLUTION NO. ________
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Landscape Maintenance Agreement
101

EXHIBIT A
102

EXHIBIT A
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EXHIBIT A
104

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
109

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. 5.4

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with Savant Solutions Inc. for replacement of the City's computer network firewall hardware and support services in an amount not-to-exceed $275,000.

RECOMMENDED ACTION

SUMMARY
The City's computer network primary firewall, a critical part of the data security system, has reached the end of its useful life and will no longer be supported by the manufacturer. Further, the City’s current firewall does not support the technology needed to safely enable remote access, requiring its replacement with more advanced technology.

Staff recommends Savant Solutions to replace the City's outdated firewall hardware with a state of the art hardware and cloud-based firewall system.

DISCUSSION
The City's primary firewall is an essential component of the City Council’s Modernization, Training, and Workplace Enhancements priority as it is required for remote access to the City’s systems.

Unfortunately, the City’s current firewall does not support the technology needed to safely enable remote access, requiring its replacement with more advanced technology.

Staff selected Palo Alto Networks, the hardware and cloud-based solution vendor, after reviewing several options to upgrade the firewall system. These options included upgrading to the latest version of the current provider and moving to an entirely cloud-based solution that required no specialized hardware for connectivity. The differences in cost were minimal, so staff based its decision on the following factors:
115

• The availability of trained staff for each platform, and • The rating received by the Gartner Magic Quadrant report for firewalls

The Gartner report is a well-respected, independent organization that reviews technology vendors and ranks them to determine the best value to the customer. Palo Alto Networks met all the City's criteria in these areas and is highly ranked by Gartner.

City staff selected Savant Solutions Inc. to provide the Palo Alto Networks firewall hardware and services through the National Association of State Procurement Officials (NASPO) statewide agreement. The NASPO agreement is a competitively bid contract that meets the City’s purchasing guidelines. NASPO agreement prices are pre-negotiated and require providers to match or beat the listed pricing for hardware or installation services. Savant Solutions Inc. is an authorized reseller of Palo Alto Networks hardware and installation services. All billing, services, and hardware will be provided by Savant Solutions Inc.

Most hardware vendors do not sell directly to the end-user, the City engages with resellers who commit to using the City's preferred purchasing contracts such as NASPO. In this case, the vendor provides pricing lower than the published NASPO state contract price schedule already accepted by the City’s purchasing policy. As such, staff recommends purchasing the Palo Alto Networks firewall hardware and software described in more detail below from Savant Solutions Inc.

The City's current firewall consists of several stand-alone devices that have reached the end of their useful life and will no longer be supported by the manufacturer. It is the City's only piece of technology from this vendor from the previous generation of hardware.

There are several different models of firewall technology in use throughout the City, which creates support challenges as each platform requires specific training and skillsets to maintain. Multi-firewall environments benefit significantly from a homogeneous system design by reducing the complexity of integrating different vendors and allowing for a higher level of functionality when interconnecting networks.

Modern firewall design takes advantage of the power of distributed computing, also known as cloud technologies, by utilizing a newer framework called Secure Access Service Edge (SASE). A SASE solution delivers wide area network (WAN) and security controls as a cloud computing service directly to the source of connection (user, device, branch office, Internet of things (IoT) device, or edge computing location) rather than a data center. As a result, all connections made off-site will leverage the power of the City's cloud-based firewall system regardless of the endpoint.

This design reduces the need for higher-end, expensive, and complicated firewalls at each location by utilizing cloud-based services to provide scalable computing horsepower. As the demand for firewall services grows through expansion and heavy use, the new system automatically scales at no additional cost to the City.

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount for procurement and deployment of the new firewall solution is $275,000 over three years including a 10% contingency. All costs associated with this purchase order will be paid for 116
from the General Fund and are included in the current Cybersecurity Division’s budget.

After the third year, the costs will need further review as software costs generally rise 10% on average every year. The City eliminates this yearly increase in support costs for the initial three-year period by paying for all three years upfront. Based on current prices, the estimated annual cost to the city after year three is approximately $51,000 per year, which covers the cost of licenses and ongoing support.

The hardware lifespan is 7 to 10 years, and IT staff will evaluate it for replacement after year six.

Staff expect to reduce the number of training classes necessary to maintain the system as the number of different platforms diminishes. In addition, the City’s IT team will manage the City's firewall infrastructure as a single cloud service instead of each location configured as a custom solution.

ATTACHMENTS

1. Resolution

2. Exhibit A - Savant Solutions Inc Agreement

Prepared by: Steve Rodriguez
IT Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH SAVANT SOLUTIONS, INC.,

FOR REPLACEMENT OF COMPUTER NETWORK FIREWALL
HARDWARE IN AN AMOUNT NOT-TO-EXCEED $275,000
The City of Livermore’s (“City”) primary computer network firewall has reached the end of its useful life and will no longer be supported by the manufacturer. It is also an essential component of the City Council’s Modernization, Training, and Workplace Enhancements as the firewall provides remote connectivity for staff.

The City has selected Savant Solutions, Inc. to provide the firewall hardware and support services, through the National Association of State Procurement Officials (NASPO) statewide agreement.

The City uses a Palo Alto Networks firewall in the Police Department and this purchase is an expansion of this security framework into City Hall and the Library.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager to execute a three-year professional services agreement with Savant Solutions, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $275,000.

On motion of Council Member _____, seconded by Council Member ____________, the foregoing resolution was passed and adopted on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Savant Solutions, Inc. Agreement
118

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2022, by and between the City of Livermore (“City”), a municipal corporation, and Savant Solutions, Inc. (“Consultant”), a Wyoming corporation.

RECI
TALS
Ci
ty requires professional services to install and configure a Palo Alto Firewall device to replace the City's current firewall solution.

Cons
ultant warrants it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these warranties to retain Consultant.

AGRE
EMENT
NOW
, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

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

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

3. Description of Services. Consultant shall provide the following professional services as more particularly set forth in Exhibit "A" (collectively “the Services”):

To i
nstall and configure a Palo Alto Firewall device to replace the City's current firewall solution

4. Consultant’s Responsibilities. Consultant shall:
(a) Dilig
ently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Pr
ovide the resources necessary to complete the Services in a timely manner;
(c) O
btain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;

EXHIBIT A
119
(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and to provide the Services;

(e) Comply with all laws in effect that are related to Consultant and the Services;

(f) Coordinate the Services with Steve Rodriguez, IT Manager (“Project Manager”), or such other person designated as the Project Manager by City;

(g) Be available to the Project Manager, and other parties referred to Consultant by the Project Manager, to answer questions or inquiries related to the Services;

(h) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested. Consultant shall not submit an invoice to City more frequently than once a calendar month;

(i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Consultant shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Consultant shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Consultant and City shall coordinate their delivery to City in the most efficient manner possible;

(j) P repare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;

(k) Consultant shall correct, at its own expense, all errors in the S ervices.

Should Consultant fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Consultant;

(l) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Consultant shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Consultant shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,

EXHIBIT A
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(m) Consultant’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.

(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 275,000 ( "not-to-exceed amount"). City shall compensate Consultant for the Services rendered at the hourly rates, task amounts or travel expenses set forth in Exhibit “A” up to the not -to-exceed amount. Except as provided in the body of this Agreement, the hourly rates, task amounts or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs , and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services.

(b) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on September 26, 20 22, and terminates upon the completion of the Services or September 25, 2025, whichever occurs first.

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

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

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

10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s employees who require

EXHIBIT A
121
access to the information to perform the S ervices. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Consultant shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services contemplated by this Agreement, or in connection with Consultant’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Consultant’s obligations to hold harmless, indemnify, and defend shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City.

(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.

(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code s ection 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

EXHIBIT A
122

15. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

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

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

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

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

20. Construction 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, the language in the body of the Agreement controls.

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

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

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

EXHIBIT A
123

TO CITY: Attention: Steve Rodriguez, IT Manager
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONSULTANT: Attention: Caleb Kwong
Savant Solutions, Inc.
1030 G Street
Sacramento, CA 95814

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

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

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

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.

*********************************************************************************************

Signatures and Attachment List on the Next Page

EXHIBIT A
124

EXHIBIT A
125
Scope of Work
Summary
The City of Livermore is looking to migrate their Checkpoint firewalls to a Palo Alto Networks PA-3410 Firewall in High Availability. The subscriptions we’ll be using is DNS Security, Threat Prevention, URL Filtering, and Wildfire security. The virtual Panorama will be used to help extend log retention for the PA-3410 locally. The City of Livermore is also going to use Prisma Access to provide remote secure access for 200 users.

Project Plan
Internet failover - Comcast and TW
NAT's policies - 10 (9 static and 1 dynamic)
IPSEC tunnels - 2 site-to-site and up to 50 remote access. 4 profiles for east-west traffic
AD integration for Management Auth
SSL Decryption – Customer deploys cert
• Multiple policies for different user groups
• At least 6 content filtering policies
Prisma Access implementation provided by Palo Alto Networks.

Networking Documentation to be provided
Knowledge transfer
Cost
Estimated 80 hours for this project.

Daily rate - $2,000.00/day - $20,000.00
Project management - $2,000.00
Agreement
The statement of work shall not be treated as a detailed and/or step by step “project plan”. All required and detailed information that would be otherwise included in a “project plan” shall be discussed and documented by Savant Solutions engineer and the City of Livermore’s lead project manager during the initial project meeting as required and necessary.

Agree
d upon by City of Livermore and Savant Solutions, Inc.
_________________________
Caleb
Kwong, CEO <Date>
Savant Solutions, Inc.
_________________________
<Name> <T
itle> <Date>
City of Livermore
Exhibit A

EXHIBIT A
126
Quote# SR-032222-1
Date: 3/22/22
Terms: NET30
FOB: Destination
1030 G St. Valid for: 30 days
Sacramento, CA 95814 Shipping: Ground
(916) 836-8182
[email protected]
Bill To Ship To
City of Livermore City of Livermore
Attn: Attn: Steve Rodriguez
1052 S. Livermore Ave. 1052 S. Livermore Ave.

Livermore, CA 94550 Livermore, CA 94550
Phone: Phone:

Line # Part No. Description Qty Unit Price Ext. Price NASPO Pricing 1 PAN-PA-3410 Palo Alto Networks PA-3410 with redundant AC power supplies 2 $13,640.00 $27,280.00 $21,280.00 2 PAN-PA-3410-DNS-3YR-HA2 DNS Security subscription 3 year term for device in an HA pair, PA-3410 2 $9,000.00 $18,000.00 $11,730.00 3 PAN-PA-3410-TP-3YR-HA2 Threat prevention subscription 3 year term for device in an HA pair, PA-3410 2 $9,000.00 $18,000.00 $11,730.00 4 PAN-PA-3410-WF-3YR-HA2 WildFire subscription 3 year term for device in an HA pair, PA-3410 2 $9,000.00 $18,000.00 $11,730.00 5 PAN-PA-3410-ADVURL-3YR-HA2 Advanced URL Filtering Subscription, 3-year, PA-3410 HA Pair 2 $12,000.00 $24,000.00 $17,340.00 6 PAN-SVC-PREM-3410-3YR Premium support 3-year prepaid, PA-3410 2 $12,933.00 $25,866.00 $12,933.00 7 PAN-T-S-PLUS-SR
SFP+ form factor, SR 10Gb optical transceiver, short reach 300m, OM3 MMF, duplex LC, IEEE 802.3ae 10GBASE-SR compliant 4 $600.00 $2,400.00 $1,384.00 8 PRO-SERV Savant Professional Services - Migration from Checkpoint to PAN 1 $22,000.00 $22,000.00 9 PAN-PRISMA-ACCESS-MU-LCL-ENTERPRISE
Prisma Access Mobile User Local Enterprise Edition includes private app access and outbound internet security for mobile users, premium security subscription, 5 service locations, 2 service connections 200 $82.00 $16,400.00 $102.00 10 PAN-PRISMA-ACCESS-PREM-SUCCESS Prisma Access Premium Success 1 $4,400.00 $4,400.00 $4,920.00 11 PAN-CONSUL T-ACCESS-QUICKSTART-MOB QuickStart Service for Prisma Access Mobile Users ZTNA SIG 1 $14,900.00 $14,900.00 $14,900.00 12 PAN-CDL-1TB-BKLN
Cortex Data Lake with 1TB of storage, 1-year, includes Partner Premium Support 1 $1,600.00 $1,600.00 $1,700.00
13 PAN-PRA25 Panorama central management software, 25 devices 1 $5,405.00 $5,405.00 $8,600.00 14 PAN-SVC-PREM-PRA25 Premium support year 1, Panorama 25 devices 1 $1,746.00 $1,746.00 $1,746.00 Prisma Year 2 & 3 & Panorama = $48,292
Total TCO = $251,331.20
Subtotal: $199,997.00
Notes: NASPO Contract AR3229 Tax: 10.25% $3,042.20
Credit: $0.00
Shipping: $0.00
Total: $203,039.20
Thank you for giving Savant Solutions the opportunity to support you! Each order helps supports a non-profit in need.
www.SavantSolutions.net

EXHIBIT A
127

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:
$2,000,000 per occurrence/$4,000,000 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. Cyber and Professional Liability/Errors and Omissions:
$2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant/Contractor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

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 policy is to contain, or be endorsed to contain, the following provisions:

1. The Cit
y of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability

EXHIBIT A
128
arising out of activities performed by or on behalf of 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 combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

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

EXHIBIT A
129

CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution awarding and authorizing execution of an agreement with Cazadoro Construction, for construction of the 2022 Stream Maintenance by Contractors Project 2022-23, which involves maintenance and flow conveyance improvements in the Arroyo Las Positas in Springtown, downstream of the Heather Lane culvert bridge, in an amount not-to-exceed $288,000.

RECOMMENDED ACTION

SUMMARY
The 2022 Stream Maintenance by Contractors project involves maintenance and flow conveyance improvements in the Arroyo Las Positas in Springtown, downstream of the Heather Lane culvert bridge.

Work includes sediment and debris removal and vegetation management. The project also includes vegetation management and debris removal at Collier Canyon Creek near Las Positas College. Three bids were received on August 24, 2022. Staff recommends the City Council award and authorize a construction contract with Cazadoro Construction, the lowest responsible and responsive bidder, and authorize the City Manager to sign the agreement.

DISCUSSION
Dense vegetation and sediment have built up in the Arroyo Las Positas in Springtown between Heather Lane and Bluebell Ave. This impedes heavy flows through this section of the stream. During heavy rainfall events in October of 2021, the section of the creek upstream and downstream of the Heather Lane bridge box culvert backed-up with stormwater and caused flooding onto Heather Lane and Quince Court. With approval of environmental agencies through the City of Livermore (City) Stream Maintenance Program permits, the Collections Section of the Water Resources Division cleared a portion of sediment 130
directly downstream of the culvert bridge to help prevent flooding during the remainder of the 2021 rainy season.

The City's design consultant, Schaaf & Wheeler, prepared plans and specifications to remove more sediment directly downstream of the culvert bridge and to also construct a low flow channel along the north bank just past Quince Court. The plans also include vegetation management and debris removal at two areas of the stream. This work will allow water to flow more easily through this stream reach, discourage future sedimentation, and help prevent flooding during future storm events. This project also includes vegetation and debris management at Collier Canyon Creek near culverts at Collier Canyon Road on the east and west side of Collier Canyon Road. These projects are part of the 2022 Stream Maintenance Program work plan.

Staff advertised the project on August 1, 2022 and opened bids on August 24, 2022. The City received three bids for the project. The lowest responsible and responsive bid was received from Cazadoro Construction for $288,000. Cazadoro Construction is based in San Francisco, CA and has worked on similar projects for the City of Half Moon Bay and the Alameda County Flood Control and Water Conversion District. Staff has checked references for Cazadoro Construction and has found them satisfactory.

The following is a list of bids received and the Engineer's Estimate for the project:

2022 Stream Maintenance by Contractors Project 202223 Bid Results

Contractor
Location
Bid Amount
Cazadoro Construction
San Francisco
$288,000
Innovative Construction Solutions
Concord
$371,283
McNabb Construction
Lafayette
$383,383
Engineer's Estimate

$330,000

In accordance with Livermore Municipal Code, Section 2.68.560B the City Manager can authorize change orders up to a cumulative amount of $50,000.

FISCAL AND ADMINISTRATIVE IMPACTS

The construction contract award amount is $288,000. Funding for this agreement, change orders, inspections, project management, and other project costs are included in the project budget for the 2022 Stream Maintenance by Contractor Project 2022-23, the FY 2021-23 Capital Improvement Plan, and no additional funding is needed. The project is funded with Surplus Assessment District (AD) Closeout Fund 698. This repair project will not increase operation and maintenance costs.

ATTACHMENTS

1. Location Map

2. Resolution

3. Exhibit A - Agreement

131
Prepared by: Edward Reyes
Assistant Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
132

LOCATION MAP

SPRINGTOWN

COLLIER CANYON RD
ATTACHMENT 1 133
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AWARDING AND AUTHORIZING EXECUTION OF AN

AGREEMENT WITH CAZADORO CONSTRUCTION IN AN AMOUNT
NOT-TO-EXCEED $288,000
(2022 Stream Maintenance by Contractors Project 2022-23) The City of Livermore advertised on Aug. 1, 2022, and opened bids on Aug. 24, 2022, for Construction of the 2022 Stream Maintenance by Contractors Project 2022-23 ("Project").

City staff recommends awarding the project to Cazadoro Construction, the lowest responsible and responsive bidder for the Project.

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

1. Authorizes the City Manager to execute an agreement, attached hereto as Exhibit A, with Cazadoro Construction, in an amount not-to-exceed $288,000, for construction of the 2022 Stream Maintenance by Contractors Project 2022-23;

2. Rejects all other bids or proposals; and

3. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A- Agreement with Cazadoro Construction
134

CONTRACT
This public works contract (“ Contract”) is entered into by and between the City of Livermore, a California Municipal Corporation (“City”) and Cazadoro Construction , a California corporation (“Contractor”) for work on the 2022 Stream Maintenance by Contractors Project 202223(“Project”).

The Parties Agree as Follows:

1. Award of Contract.

In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on _____________, 2022, as part of Resolution No. __________________, City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents.

This Contract consists of all of the written representations and submissions made by Contractor as part of the Bid process and the following numbered and un -numbered component documents, as detailed on the table of contents of this Agreement:
a. Bidding requirements (consisting of the Notice Inviting Bids; Instructions to Bidders; Bid Proposal ; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond , Bidder’s Questionnaire, Payment Bond, Performance Bond, Warranty Bond);
b. General Conditions;
c. Special Conditions;
d. Division One Technical Specifications;
e. Appendix;
f. Index of Defined Terms;
g. Project Drawings and Specifications;
h. Bid Addenda, if any;
i. Change Orders, if any;
j. ALB Notice;
k. Notice to Proceed;
l. City Standard Specifications and Details;

EXHIBIT A
135
m. And the following: No other documents

3. Contractor’s Obligations.

Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and complet ion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner an d to meet or exceed the performance standards required by the Contract Documents.

4. Payment.

As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Two Hundred Eighty-eight Thousand Dollars ($288,000) (the “Contract Price ”), in accordance with the payment provi sions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion
Contractor must achieve Substantial Completion, as that term is defined in the General Conditions, of the Project Work within 15 Working Days from the commencement date stated in the Notice to Proceed . (“ Substantial Completion Deadline.”). For this project, the Contractor shall also incorporate two number of average anticipated inclement Weather Days into their bid estimate . Contractor shall be solely responsible for the extended overhead and profit for these weather days and shall not be compensated by the City in any way, reference Section 10.3 of the General Conditions and Section 013200-4.3 Contract Schedules for additional weather day information.

5.2. Final Completion
Contractor must achieve Final Completion , as that term is defined in the General Conditions, of the Project Work within 5 Working Days after the date of substantial completion. (“Final Completion Deadline.”)

5.3. Early Completion.

By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages.

If Contractor fails to meet either the Substantial Completion Deadline or the Final Completion Deadline, City may assess liquidated damages according the provisions in

EXHIBIT A
136
the General Conditions of the Contract Documents in the following amounts for each day of Unexcused Delay, and the Contract Price shall be reduced accordingly.

6.1. Substantial Completion Deadline: One-thousand dollars ($1000) per day.

6.2. Final Completion Deadline: Five Hundred ($500) per day.

7. Labor Code Compliance.

This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code , including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.1. Prevailing Wages.

This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprent iceship and similar purposes. The general prevailing wage rates for each craft, classification or type of covered work are available online at http://www.dir.ca.gov/DLSR.

7.2. DIR Registration.

City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code , Section 1725.5, subject to limited legal exceptions allowed by the Labor Code.

8. Workers’ Compensation Certification.

Under Labor Code , Section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code, Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self - insurance in acc ordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” The successful bidder previous to the entering of the contract to do the said work shall take out and maintain in full force and effect worker's compensation insurance with an insurance carrier authorized to transact business in the State of California, covering the bidder's full liability for compensation to any persons employed who may be injured in the carrying out of said contract or the dependents thereof. Evidence of such worker's compensation insurance shall be furnished to the City of Livermore by certificate and waiver o f subrogation in the City’s electronic insurance certificate tracking system (PINS) prior to the commencement of the work and said certificate shall contain a provision that the coverage thereunder will not be canceled until at least thirty (30) days prior written notice has been given to the City.

EXHIBIT A
137

9. Notice.

Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delive ry unless otherwise specified. Notice for each party must be given as follows:

City Contractor
Name Bob Vinn Bryan Holm
Address 1052 South Livermore Avenue 1485 Bayshore Blvd, #398 City/state/zip Livermore, CA 94550 San Francisco, CA 94124 Phone 925-960-4516 415-46-6093
Fax
Attention City Engineer
Email [email protected] [email protected]
Copy to [email protected]

10. General Provisions.

The following items are repeated here as stated as part of Part 2, General Conditions, for emphasis:

10.1. Assignment and Successors.

Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s successors and permitted assigns. A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor’s capital stock constitutes an assignment by Contractor requiring the City’s written consent.

10.2. Third Party Beneficiaries.

There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

10.3. Governing Law and Venue.

This Contract will be governed by California law and venue will be in the Superior Court of the County in which the Project is located, and no other place.

10.4. Amendment.

No amendment or modificat ion of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

10.5. Integration; Severability.

EXHIBIT A
138

EXHIBIT A
139

END OF DOCUMENT

EXHIBIT A
140

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolutions authorizing the City Manager to execute, on behalf of and for the Livermore- Pleasanton Fire Department Joint Powers Authority, two purchase orders with L.N. Curtis & Sons and Municipal Emergency Services Inc. for materials and supplies in support of the Livermore-Pleasanton Fire Department Joint Powers Authority's daily operations and fire academy support, each in an amount not-to-exceed $450,000.

RECOMMENDED ACTION

SUMMARY
The purchase of various tools, equipment, and personal protective equipment (PPE) is necessary for firefighters to safely and effectively provide service to the community. Firefighters require specialized equipment and PPE to perform daily response functions. The same equipment and PPE is required for Fire Academy participants.

L.N. Curtis is a vendor that provides tools and equipment. Municipal Emergency Services (MES) supplies replacement PPE for our firefighters. PPE is tested for safety and integrity of materials and must be replaced when found to be unsafe. The fire academy operates bi-annually, with the next academy being held in FY 2022-23. Having purchase orders with these vendors will provide LPFD with much- needed flexibility with purchasing decisions.

DISCUSSION
The Livermore Pleasanton Fire Department (LPFD), in support of its daily operations, purchases various goods and materials, such as, personal protective equipment, fire hose, gas monitors, thermal imaging cameras, fireground equipment and hand tools.
141

L.N. Curtis & Sons, headquartered in Dublin, CA, is one of the vendors from which LPFD routinely places the orders. L.N. Curtis & Sons is the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through them. Other factors are pricing, cost savings and timeliness of delivery.

Municipal Emergency Services Inc. (MES), headquartered in Sandy Hook, CT, is a nation-wide supplier of fire service personal protective gear and other equipment along the same lines as L.N. Curtis. MES, however, has exclusive distribution rights for different fire industry manufacturers that are not offered at L. N. Curtis.

LPFD recommends having blanket purchase orders with these two vendors, to provide the department with the much-needed flexibility with purchasing decisions. Costs for both vendors are outlined in the below table.

FY 2022-23 PO Request
VENDOR

DAILY OPERATIONS

ACADEMY

SUPPORT
TOTAL
L.N. Curtis
$250,000
$200,000
$450,000
MES
$250,000
$200,000
$450,000
TOTAL:
$450,000
$450,000
$900,000

For the Fiscal Year 2021-22, purchase orders issued were in an amount not to exceed $180,000, each.

For FY 2022-23 staff recommends a not-to-exceed amount of $450,000 for each vendor. The requested increase is due to anticipated additional equipment needed to sustain the daily operations of LPFD. In addition, LPFD will be conducting a fire academy for new recruits in FY 2022-23 and will require the proper outfitting of all candidates.

FISCAL AND ADMINISTRATIVE IMPACTS

Purchases made under these blanket purchase orders are based on cooperative purchasing agreements negotiated by Alameda County and National Purchasing Partners. Livermore Municipal Code sections

2.68.370(B)(2) permits use of cooperative purchase agreements as an exception to the City’s bidding requirements.

Funds for the purchase of goods and materials are included in the LPFD Adopted Operating Budget for FY 2022-23 therefore no additional appropriation is necessary.

ATTACHMENTS

1. Resolution - L.N. Curtis

2. Resolution - MES Resolution

Prepared by: Gina Eleccion
Business Manager

142
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
143
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF

OF AND FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY, A PURCHASE ORDER WITH L.N. CURTIS & SONS IN AN AMOUNT NOT-TO-EXCEED $450,000 FOR MATERIALS AND SUPPLIES IN

SUPPORT OF THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY’S DAILY OPERATIONS AND FIRE ACADEMY SUPPORT The Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD) is an entity separate from the City of Livermore that was formed in 1996 with the City of Pleasanton to provide fire protection services.

The LPFD does not have its own purchasing policies and instead relies upon the policies adopted and implemented by the Cities of Livermore and Pleasanton, depending upon which City is providing the finance and budget administrative support for the LPFD.

Livermore is currently providing the finance and budget administrative support for the LPFD.

Each year, the LPFD, in support of delivering life and fire protection services to the community, purchases various materials and supplies, such as, personal protective equipment, fire hose, gas monitors, thermal imaging cameras, fireground equipment and hand tools. L.N. Curtis & Sons, is one of the vendors from which LPFD routinely places the orders. They are the exclusive West Coast distributor for many fire industry manufacturers; therefore, some purchases must be made solely through them. Other factors are pricing, cost savings and timeliness of delivery.

Purchases made under this blanket purchase order are based on cooperative purchasing agreements negotiated by Alameda County and National Purchasing Partners. Livermore Municipal Code sections 2.68.370(B)(2) permits use of cooperative purchase agreements as an exception to the City’s bidding requirements.

LPFD has requested that the City Council for the City of Livermore approve, on behalf of the LPFD, the attached agreement consistent with the City of Livermore’s purchasing ordinance.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute, on behalf of and for the LPFD in her capacity as a Joint Executive Director for LPFD, a blanket purchase order with L.N. Curtis & Sons for the purchase of materials and supplies in an amount not-to- exceed $450,000 for the Fiscal Year 2022-23.
144
RESOLUTION NO. ________
On motion of Council Member _________________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
145
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF

OF AND FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT

POWERS AUTHORITY, A PURCHASE ORDER WITH MUNICIPAL EMERGENCY SERVICES, INC. IN AN AMOUNT NOT-TO-EXCEED $450,000 FOR MATERIALS

AND SUPPLIES IN SUPPORT OF THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY’S DAILY OPERATIONS AND FIRE

ACADEMY SUPPORT
The Livermore-Pleasanton Fire Department Joint Powers Authority (LPFD) is an entity separate from the City of Livermore that was formed in 1996 with the City of Pleasanton to provide fire protection services.

The City of Livermore is currently providing the finance and budget administrative support for the LPFD.

Each year, the LPFD, in support of delivering life and fire protection services to the community, purchases various materials and supplies, such as, personal protective equipment, fire hose, gas monitors, thermal imaging cameras, and fireground equipment and hand tools. Municipal Emergency Services, Inc, (MES) is one of the vendors from which LPFD routinely places the orders. MES is a nation-wide supplier of fire service personal protective gear and other equipment. In addition, this vendor has exclusive distribution rights for different fire industry manufacturers that are not offered by other vendors. Other factors are pricing, cost savings, and timeliness of delivery.

The LPFD has requested the City Council for the City of Livermore approve, on behalf of the LPFD, the attached agreement consistent with the City of Livermore’s purchasing ordinance.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute, on behalf of and for the LPFD, in her capacity as a Joint Executive Director for LPFD, a blanket purchase order with Municipal Emergency Services, Inc. for the purchase of materials and supplies in an amount not-to-exceed $450,000 for the Fiscal Year 2022-23. 146
RESOLUTION NO. ________
On motion of Council Member _________________________, seconded by Council Member _________________________, the foregoing resolution was passed and adopted on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
147

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing issuance of a Purchase Order with Jack Doheny Company for a replacement pipeline inspection truck in an amount not-to-exceed $514,795.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing issuance of a Purchase Order with Jack Doheny Company for a replacement Rapid View IBAK - Closed Circuit Tele-Vision (CCTV) Pipeline Inspection System on a 2022 Ford E450 Box Truck, in an amount not-to-exceed $514,795.

SUMMARY
Based on the City of Livermore’s Fleet Policy and the 25-year Fleet Replacement Plan and the needs of the operating department, it is time to replace an existing water resources CCTV pipeline inspection camera truck. Staff has determined that the unit that best meets the needs of the water resources division’s collections section is the Rapid View, IBAK sewer inspection camera system on a 2022 Ford E450 16-foot box truck purchased from Jack Doheny Company in Antioch, California, the local dealer for Rapid View LLC who holds the Sourcewell contract for Underground Infrastructure Inspection and Rehabilitation Equipment and related services.

DISCUSSION
The Water Resources Division (WRD) has operated CCTV inspection equipment to survey the sanitary and storm sewers since 1973. The CCTV inspection truck utilizes a box body vehicle housing an operator’s station and a remote-controlled tractor mounted camera system that is deployed down a sewer manhole allowing the operator to inspect and record hundreds of feet of sewer line per day.

The current 2014 pipeline inspection truck is experiencing increased equipment failures and downtime.

Due to the age of the truck there is limited availability of replacement parts as well as discontinued support for its current hardware/software from the vendor.

Staff recommends a replacement unit offered from Rapid View, IBAK North America, which is provided by their local dealer, Jack Doheny Company in Antioch, California. Rapid View, IBAK, is one of the 148
leaders in the field of 360, HD digital CCTV video inspections. They offer many benefits to the equipment operator including increased productivity and speed. In addition, the Rapid View/IBAK system includes an upgraded software/hardware package for pipe surveying based on National Association of Sewer Service Companies, Pipeline Assessment Certification Program (PACP) standards. This is important since the City’s existing Asset Management Plan for the sewer and storm collection system is based on PACP standards to determine pipe condition and failure risks.

Also, proposed changes to the Sanitary Sewer Master Plan (SSMP) will be requiring additional pipeline condition assessments and Asset Management data to maintain and manage the sanitary sewer system.

The City has developed a SSMP in response to State of California regulations which describes the maintenance practices used to prevent overflows, including cleaning, flushing, and televising the sanitary sewer system.

The proposed unit will be a combination of gas and electric (hybrid), eliminating the need to have an onboard gas-powered generator running during CCTV operations. Purchase and operation of this unit will reduce our carbon footprint and aligns with the City of Livermore Fleet replacement plan to electrify vehicles and equipment where possible. The CCTV vehicle will be equipped with batteries giving the unit approximately six hours of electric runtime. This runtime allows reduced use of fuel, works in a quieter mode, eliminates harmful exhaust fumes and CO2 emissions, all while reducing fueling costs.

Livermore Municipal Code section 2.68.390 allows for the purchase of supplies and equipment through a cooperative purchasing arrangement without separate bidding procedures. The Sourcewell purchasing cooperative is a public agency based in Minnesota which provides competitive bidding for a variety of goods and services which other public agencies can use. The bidding procedures used by Sourcewell meet the requirements of this section of the Livermore Municipal Code by providing procedures that are “at least as restrictive as the City’s”.

Staff recommends purchasing this replacement Rapid View IBAK - Closed Circuit Tele-Vision (CCTV) Pipeline Inspection System on a 2022 Ford E450 Box Truck, utilizing the Sourcewell Acceptance and Award contract #120721-RVL with Rapid View LLC. The Sourcewell bid procedure for the replacement pipeline inspection truck meets the City’s municipal code requirement, and therefore, can be awarded to Jack Doheny Company, Antioch California, the local dealer for Rapid View LLC.

FISCAL AND ADMINISTRATIVE IMPACTS
The replacement purchase of this Rapid View IBAK - Closed Circuit Tele-Vision (CCTV) Pipeline Inspection System on a 2022 Ford E450 Box Truck for an not-to-exceed amount of $514,795 is budgeted in the Fleet Internal Service Fund for FY 2022-23 and is identified in the Fleet Master 25-year Replacement plan.

ATTACHMENTS

1. RapidView Sourcewell Contract 120721

2. Jack Doheny Company Quote

3. Resolution

Prepared by: Brian Harris
Public Works Supervisor

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CONTRACT
This Con
tract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and RapidView LLC, 1828 W. Olson Rd., Rochester, IN 46975 (Supplier).

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

Sourcewell issued a public solicitation for Underground Infrastructure Inspection and Rehabilitation Equipment with Related Services from which Supplier was awarded a contract.

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

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

B. EXPIRATION DATE AND EXTENSION. This Contract expires January 17, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

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

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

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

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

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

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

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

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

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

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

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

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

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable

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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

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

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

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

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

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

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

4. PRODUCT AND PRICING CHANGE REQUESTS

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

At a minimum, the request must:

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

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

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

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

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

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

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

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

6. PARTICIPATING ENTITY USE AND PURCHASING

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

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

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

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

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

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

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

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

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

7. CUSTOMER SERVICE

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

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and

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x Business reviews to Sourcewell and Participating Entities, if applicable.

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

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

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

The Report must contain the following fields:

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

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

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

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

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

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

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

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

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

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

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

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

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

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

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

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

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

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

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

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in

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advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

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

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

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

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

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

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14. GOVERNING LAW, JURISDICTION, AND VENUE

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

15. FORCE MAJEURE

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

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

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

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

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

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

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

1. Nonperformance of contractual requirements, or

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

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

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

18. INSURANCE

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

1. Workers’ Compensation and Employer’s Liability.

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

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

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

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

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

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

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

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

Minimum Limits:
$2,000,000

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

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

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

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

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell RapidView LLC

By: __________________________ By: __________________________ Jeremy Schwartz Steve Keranko
Title: Chief Procurement Officer Title: Director of Sales

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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3UHVHQWO\GHEDUUHGVXVSHQGHGSURSRVHGIRUGHEDUPHQWGHFODUHGLQHOLJLEOHRUYROXQWDULO\H[FOXGHGIURPSURJUDPVRSHUDWHG Bid Number: RFP 120721 Vendor Name: RapidView LLC

ATTACHMENT 1
186
E\WKH6WDWHRI0LQQHVRWD
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$0
Bid Number: RFP 120721 Vendor Name: RapidView LLC

ATTACHMENT 1
187
1 1
1 1
1 1
1 1
1 1
1 1
1 Date: 9/1/2022
1 Branch: 1700
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1 CUSTOMER:
1 ADDRESS:
1 CITY, STATE, ZIP:
1 PHONE:
1 EMAIL:
1 ATTN:
1 1
1 1
1 1
1 1
26731
17930
1 8-30 22 Updated
RAPIDVIEW ID:

PROPOSAL ID:

DOHENYCOMPANY.COM
Sourcewell Contract #120721-RVL
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
925-960-4340
[email protected]
ATTACHMENT 2
188
1 LIST SELECTED
1 Standard Cameras:
1 V0494050 $ 22,027.00 22,027.00$
1 1 Camera Head Accessories:
1 901601040 529.00$ 529.00$
1 1 T66 Tractor and Accessories:
1 905211031 781.00$ 781.00$
1 905253031 349.00$ 349.00$
1 905210191 936.00$ 936.00$
1 905210991 1,279.00$ 1,279.00$
1 902202191 854.00$ 854.00$
1 905215991 1,453.00$ 1,453.00$
1 905216791 1,656.00$ 1,656.00$
1 902211090 1,458.00$ 1,458.00$
1 1 Vehicle Mounted Control Units:
1 V1976007 34,217.00$ 34,217.00$
1 1 Reels:
1 V8029020 38,358.00$ 38,358.00$
1 1 Camera Cable:
1 80072300 17,378.00$ 17,378.00$
1 1 Reel Accessories:
1 904350020 756.00$ 756.00$
1 802975001 523.00$ 523.00$
1 1 HD Systems:
1 V9052009 13,507.00$ 13,507.00$
1 V9052021 2,267.00$ 2,267.00$
1 V9052024 4,562.00$ 4,562.00$
1 1 Panoramo 2 Sytem and Accessories:
1 V9051020 158,477.00$ 158,477.00$
1 V9051003 8,444.00$ 8,444.00$
1 1 Chassis:
1 E450 Gas- 16' Box
44,275.00$ 44,275.00$
2023 E-450, 176” WB, 7.3L V8 Premium Rated Engine, 6-Speed Automatic Transmission with Overdrive w/ Tow-Haul Mode, includes; Remote Keyless Entry, 40- Gallon Fuel Tank, Grey Vinyl Seats and Flooring, Cruise Control, Power Group, Air
Conditioning and AM/FM Stereo. R
PANORAMO 2/4K Camera Elevator (Required over 8" pipe)
Cable Cleaning Brush for KW305/310/505
FOX2 FO4 HD 4K Dual Fiber Camera Cable Type 00/20 - 1640 feet KUV 2.7 Cable Deflection Pulley for Standard and Fiber Optic Cable with holder and rope (Highly KW505 FO2 4K (PANORAMO 4K capable) Synchronized Power Cable Reel BS 7 - Vehicle Mounted Control EDI for ALL SYSTEMS
Tungsten Carbide Wheels for T66/PANO 150 in 8" and up
T66/PANORAMO 150 Pneumatic Wheels for large pipe w/ adapters Wheelset Adapters T76 to T66/PANORAMO 150 Hub
Tungsten Carbide Wheels for T66/PANO 150 in 6" and up
Additional Weight Kit for T66 (Heavy and Light) Add weight to pull longer distances
Larger T66 hook for use with poles (optional)
Treaded Wheel set for 6" pipe for T66/8" for PANORAMO 150 (HARD) Treaded Wheel set for 8" pipe for T66/10" for PANORAMO 150 (HARD) Pressure Test Set
ORION 3 Zoom HD/SD Adaptive - Pan and Tilt and Zoom camera for 4" and up pipelines.

Automatically switches between SD and HD as needed
Zoom (in HD) 32x digital, Zoom (in SD) 3x digital lossless May be used on tractor or pushrod.

Auto-uprighting, LED Lighting and 33 kHz Transmitter for locate.

Higher resolution and significantly improved picture quality.

Laser diameter, deformation, defect and object measurement (third-party Camera Connection Type 2-8 HD for SD Cameras and Orion 3 (SD or HD Modes) Camera Connection Type 5-8 HD for SD Cameras and Orion 3 (SD or HD Modes) T66 HD Camera Tractor For use with HD
Cables/systems
Small mainline tractor for use in pipelines 4" and up
Zero turn radius, full steering with ATC (Auto Tilt Compensation) Includes lowering claw, toolset and 4"/6"/8" wheelsets
Requires one of the Camera Connections available below
PANORAMO 2 4K - 360 Degree Camera System
ATTACHMENT 2
189
1 1
1 VZ000741 50,975.00$ 50,975.00$
1 VZ000810 5,370.00$ 5,370.00$
1 1 Equip Remove (4,000.00)$ (4,000.00)$
1 Equip Sales 22,140.00$ 22,140.00$
1 Equip Sales 297.00$ 297.00$
1 Equip Sales 1,263.60$ 1,263.60$
1 Equip Sales 648.00$ 648.00$
1 VZ000306 2,179.00$ 2,179.00$
1 VZFPB-4 320.00$ 320.00$
1 VZ000825 Fold-Out Steps (Side Access) 756.00$ 756.00$ 1 VZ000817 4,041.00$ 4,041.00$
1 1 Wincan Software:
1 H-VITEK CARD PCI 3,780.00$ 3,780.00$
1 1 PipeLogix Software:
1 PipeLogix 34,182.00$ 34,182.00$
1 1 Additional Accessories
1 Poleset 430.92$ 430.92$
1 1
1 Sourcewell Build-Quote Summary
1 476,468.52$
1 19,058.74$
1 457,409.78$
1 1 7,000.00$
1 3,500.00$
1 467,909.78$
1 1 46,884.50$
1 514,794.28$
1 Freight and PDI:

Field Training:

Total:

Module/Options/Chassis Total:

Options Sourcewell Discount 4%:

Module/Options Total per Sourcewell Price Schedule:

City of Livermore, CA- Sales Tax 10.25%:

Total with Sales Tax:

JDC-18' of Fiberglas Poles, Mounting Bracket and IBAK Adapter Phoenix SOFTWARE PACKAGE, INCLUDES PC, PHOENIX BASIC (2) ,GIS,PANO,360 ANALYSIS, 360 Vitec Card PCI
Powered Rear Canopy - Push button
Fiberglass Pole Holder
KW Reel Cabinet with sliding aluminum drawer and LISY drum platform Premium Safety Light Package UPGRADE
Replaces lighting on standard conversion and includes these upgrades:
* Traffic advisor mounted on front and rear of vehicle
* High intensity surface mount LEDs mounted on the grill, rear pillars and each side of vehicle * Two high intensity LED high profile beacon lights mounted on roof * Two super LED rear work lights mounted on rear of vehicle Remove Gas GENSET
5000W Inverter with (3) 300 AH LiFePO4 Batteries
E-Track Rail with Hooks
Air Compressor and Air Hose Reel
2 Additional High Intensity Surface Mount LEDs Mounted on * Commercial FRP (fiberglass reinforced plywood) 14' Box * Dim: 14'x8'x6'6"
* Chassis purchased separately, call for required chassis specifications * Includes installation of box on approved chassis
* Dual swing open rear doors
* Side entry door
* Rear backup camera
* Commercial Genset (GAS)
* Walk-thru design with partition wall and door
* Tinted glass viewing window in Bulkhead Wall
* 12v LED Lighting
* Aluminum plank flooring/easy cleaning and improved grip when wet * Roof Air
* Exterior shore power package with extension cord
* Auxiliary battery and charging system
Front Office:
* Carpeted walls in studio
* Laminated base cabinetry
* Laminate countertops in studio
* Vibration resistant electronics cabinet with rear door access to outside of truck * Bench seat over generator
* Mounted high-quality monitor in office
Workspace:
* Heavy-duty, 5 drawer toolbox
* High-quality monitor in workspace for monitoring camera operation * 14 gallon pressurized wash down system
* Butcher block workbench
* Laminate Cabinets
* Aluminum storage shelves
* Overhead laminate cabinets with easy-open hardware
Safety:
* Directional Arrow board at rear
* Strobe light mounted on front roof.
* LED side markers on Box
16' Inspection Box and Conversion for GAS Chassis -includes features above ATTACHMENT 2
190
1 1
Customer:
1 By:
1 Date:

Email:
above only when signed by the customer or one of its officers.

Stephanie Prescott
Stephanie Prescott
Regional Sales Representative
760-644-5147
[email protected]
This proposal becomes a contract for delivery and payment of the merchandise listed • Sales Price does not include any applicable sales taxes. Buyer is responsible for and agrees to pay all applicable sales tax. • The Sale of New Equipment Terms and Conditions are incorporated into and made a part of this Proposal upon acceptance and execution of this Proposal by both parties.
• Execution of this Proposal by Seller and Buyer constitutes a binding agreement between the parties. • If this Proposal is not executed by both parties within thirty (30) calendar days from the Proposal Date, this Proposal shall become null and void, unless subsequently executed by both Buyer and Seller.

Thank you for your consideration of this proposal.

Sincerely yours,
Terms and Conditions
• Acceptance of this Proposal is subject to availability of the Equipment listed above.

ATTACHMENT 2
191
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER

TO JACK DOHENY COMPANY IN AN AMOUNT NOT-TO-EXCEED
$514,795 FOR ONE RAPID VIEW IBAK PIPELINE INSPECTION
CAMERA SYSTEM ON A 2022 FORD E450 BOX TRUCK
Section 2.68.370(a)(6) of the Livermore Municipal Code, states that the City Council shall award a contract for the purchase of supplies or equipment or general services of a value greater than $100,000 to the bid representing the best value as defined in LMC 2.68.040, with an exception being where supplies and equipment are purchased through cooperative purchasing arrangements pursuant to LMC 2.68.390.

Jack Doheny Company, in Antioch California, is the authorized dealer and service center for Rapid View IBAK North America who holds the Sourcewell Contract for Underground Infrastructure Inspection and Rehabilitation Equipment and related services. The Sourcewell bid procedure for Underground Infrastructure Inspection and Rehabilitation Equipment and related services, meets the City’s Municipal Code requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager to issue a purchase order, on behalf of the City of Livermore, with Jack Doheny Company, in an amount not-to-exceed $514,795 for the purchase of one Rapid View IBAK Pipeline Inspection Camera System on a 2022 Ford E450 Box Truck in accordance with the terms, specifications and general provisions specified in Sourcewell Contract #120721-RVL, and section 2.68.390 of the Livermore Municipal Code.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on r September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
192

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing the issuance of a purchase order with National Auto Fleet Group for eight replacement Ford Hybrid Police Utilities in an amount not-to-exceed $494,284.

RECOMMENDED ACTION

SUMMARY
Based on the City of Livermore’s Fleet Policy and the 25-year Fleet Replacement Plan, it is time to replace eight existing police patrol vehicles. Staff has determined that the unit that best meets the needs of the Police Department is the 2023 Hybrid Police Utility and National Auto Fleet Group is the local Sourcewell (formally National Joint Powers Alliance, NJPA) contractor for Ford Police vehicles in Watsonville, California.

DISCUSSION
The Police Department currently operates 38 marked patrol cars for community protection and emergency services. The City’s Fleet Policy recommends police patrol units be evaluated for replacement based on the following factors:

1 .

In service for four years or more.
2 .

Odometer reading greater than 85,000 miles.
3 .

Annual maintenance and operational costs.
4 .

Overall condition of the vehicle.

Eight patrol vehicles were identified for replacement during the budget preparation process for FY 2022-

23. Four 2015 Ford Police Utilities and four 2016 Ford Police Utilities were recommended for replacement due to the age, high mileage, increased operational costs, and the poor condition of the vehicles. If these patrol vehicles are not replaced, the maintenance and operating costs, downtime, and 193
out-of-service frequency will continue to increase, and it will have an adverse effect on the City’s ability to respond to emergency and routine response calls. Replacing these eight vehicles with the Ford Police Hybrid option will reduce fuel consumption as well as reduced vehicle emissions which is in line with the City’s Climate Action Plan to reduce the fleet’s carbon footprint.

Under LMC Section 2.68.390 of the City’s Contract and Purchase Ordinance, the Administrative Services Director may purchase supplies and equipment without utilizing the quotation or bidding requirements of the Ordinance, if such purchases are based on an agreement or cooperative purchasing program entered into by any public agency or agencies situated within the state, regardless of whether the City is a named party to such an agreement or an actual participant in such a program. In such cases, the supplies and equipment purchased must be the same and be offered at the same price as the supplies, subject to the agreement or program and the underlying purchase must have been made using a quotation or bid procedure at least as restrictive as the City’s.

Staff recommends purchasing these replacement vehicles utilizing Sourcewell Acceptance and Award contract #091521-NAF. The Sourcewell bid procedure for the replacement vehicles meets the City’s municipal code requirement, and therefore, can be awarded to National Auto Fleet Group. The Sourcewell Cooperative Purchasing Program assists local governments in reducing costs through this government-to-government procurement service available nationwide. This program is available to local government entities and qualifying non-profit corporations. Eligible membership and participation include states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities, and non-profit organizations. The City of Livermore is currently a registered member. The purchase through Sourcewell Acceptance and Award contract #091521-NAF will expedite the delivery of these replacement vehicles.

FISCAL AND ADMINISTRATIVE IMPACTS

The replacement purchase of these eight vehicles is budgeted in the Fleet Services Internal Service Fund (730) for FY 2022-23 and is identified in the Fleet 25-Year replacement plan.

ATTACHMENTS

1. National Auto Fleet Group Sourcewell Contract

2. National Auto Fleet Group Quote

3. Resolution

Prepared by: Brian Harris
Public Works Supervisor

CONTRACT
This Con
tract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

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

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

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

ATTACHMENT 1
195
091521-NAF
Rev. 3/202
1 2
Supplier’s
Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

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

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

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

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

ATTACHMENT 1
196
091521-NAF
Rev. 3/202
1 3
return
ed within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

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

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

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

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

ATTACHMENT 1
197
091521-NAF
Rev. 3/202
1 4
x Individ
ually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

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

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

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

ATTACHMENT 1
198
091521-NAF

Rev. 3/2021 5

contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

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

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

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

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

7. CUSTOMER SERVICE

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

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Par
ticipating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

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

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

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

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

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E. CO
NTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

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

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

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, ma
rketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

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

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14. GOVERNING LAW, JURISDICTION, AND VENUE

15. FORCE MAJEURE

16. SEVERABILITY

17. PERFORMANCE, DEFAULT, AND REMEDIES

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

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

1. Nonperformance of contractual requirements, or

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

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The par
ty claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

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

1. Workers’ Compensation and Employer’s Liability.

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

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

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

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no less
broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

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

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

Minimum Limits:
$2,000,000

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

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primary a
nd not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

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21. PR

OVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

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C. CO
NTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

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of parti
es debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

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and Re
covery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

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22. CANCELLA
TION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:

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

ATTACHMENT 1
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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER

TO NATIONAL AUTO FLEET GROUP IN AN AMOUNT NOT-TO-
EXCEED $494,284 FOR EIGHT 2023 HYBRID FORD POLICE

UTILITIES
Section 2.68.370(a)(6) of the Livermore Municipal Code, states that the City Council shall award a contract for the purchase of supplies or equipment or general services of a value greater than $100,000 to the bid representing the best value as defined in LMC 2.68.040, with an exception being where supplies and equipment are purchased through cooperative purchasing arrangements, pursuant to LMC 2.68.390.

National Auto Fleet Group holds a Sourcewell Contract for Passenger Cars and Light Duty Pickups including Police Vehicles. The Sourcewell bid procedure for replacement Passenger Cars and Light Duty Pickups meets the City’s Municipal Code requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager to issue a purchase order, on behalf of the City of Livermore, with National Auto Fleet Group, in an amount not-to-exceed $494,284 for the purchase and delivery of eight 2023 Hybrid Ford Police Utilities in accordance with the terms, specifications, and general provisions specified in Sourcewell Contract #091521- NAF, and section 2.68.390 of the Livermore Municipal Code.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
237

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution authorizing the City Manager to approve the City's participation in East Bay Community Energy's Critical Municipal Facility Resilience Program to pursue installation of solar and battery systems at critical municipal facilities.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to approve the City's participation in East Bay Community Energy's Critical Municipal Facility Resilience Program to pursue installation of solar and battery systems at critical municipal facilities, and install these systems through a standard Power Purchase Agreement if the City of Livermore determines that the project portfolio is cost- effective and improves its service to the community.

SUMMARY
East Bay Community Energy's (EBCE) Critical Municipal Facility Resilience Program (Program) is designed to help its Joint Power Authority (JPA) partners meet energy resilience goals by providing clean, locally generated backup power at critical municipal facilities. The Program addresses barriers faced by cities in implementing solar and battery storage systems by leveraging EBCE technical expertise, facilitating procurement, generating economies of scale in pricing, and ensuring that solar and storage assets are adequately maintained. The first phase of the Program is underway and includes the Cities of Berkeley, Fremont, Hayward, and San Leandro.

Cities interested in participating in the second phase of the Program (Phase 2) must adopt a resolution indicating intent to pursue procurement of solar and battery storage for municipal facilities through a Power Purchase Agreement (PPA). If PPA pricing under this Program is higher than anticipated or if the project terms are found to be otherwise unfavorable to the City, the City is under no obligation to proceed with installation. EBCE anticipates Phase 2 will include the Cities of Livermore, Pleasanton, Oakland, and Tracy.

Participating in this Program is an opportunity for the City to improve energy resilience at critical buildings and infrastructure in Livermore. Eligible facilities could include buildings such as City Hall and 238
the Civic Center Library, and critical infrastructure like water and sewer pumps. Energy resilience at these facilities will help the City maintain continuity of operations and protect the community during power disruptions such as rolling blackouts, public safety power shut-offs, and major disasters, like earthquakes.

DISCUSSION
Background

East Bay Community Energy formed in 2016 as a JPA to provide cleaner electricity to customers in Alameda County. Livermore started receiving electricity from EBCE in 2018. In July 2018, the EBCE Board of Directors, which includes a Livermore City Council representative, approved a Local Development Business Plan (LDBP) that identified several strategies to direct investments throughout Alameda County to expand renewable energy generation, create local jobs, and help member cities reduce greenhouse gas (GHG) emissions. EBCE launched the Critical Municipal Facility Resilience Program as part of its LDBP implementation efforts.

The Program is designed to address barriers for implementing solar and battery storage projects by providing technical expertise, facilitating procurement, and minimizing operations and maintenance.

Solar photovoltaic systems provide clean, renewable electricity to buildings. The battery storage systems store excess energy that the solar panels produce during the day for use at night or when demands are greater. This can reduce time-of-use charges during peak pricing periods and allow buildings to fully utilize the solar power they produce. These systems provide resilience benefits by allowing facilities to continue operating during a power outage using electricity generated and stored onsite, reducing dependence on the electrical grid and diesel generators with limited run-time.

Under this Program, EBCE collaborates with JPA member agencies to identify a portfolio of cost- effective solar and battery energy storage projects for municipal facilities. An independent engineer conducts upfront assessments of municipal facilities to identify potential roof, structural, or electrical capacity upgrades that might be required to install solar and storage systems. The facilities are included in a Request for Proposals (RFP) to identify a Power Purchase Agreement (PPA) provider(s) and project installation teams. As opposed to a traditional PPA where a jurisdiction conducts its own procurement and holds a contract directly with the PPA provider, EBCE represents multiple jurisdictions and a large portfolio to streamline the procurement process and reduce risk and costs for each jurisdiction. The PPA provider pays for the installation, operations, and maintenance of the solar and battery storage systems, while the jurisdiction pays an agreed upon price per kilowatt-hour (kWh) for power generated.

In 2019, EBCE was awarded a $300,000 Bay Area Air Quality Management District grant to identify critical facilities in Alameda County and conduct preliminary assessments for back-up power from solar and battery storage systems at these sites. EBCE conducted preliminary assessments of approximately 400 municipal facilities to identify sites that would be best suited for solar and battery storage systems.

After further engineering and feasibility analysis, a subset of sites in Berkeley, Fremont, Hayward, and San Leandro were selected for the Phase 1 procurement. An RFP was released to solicit firms to install up to 3 MW of solar and 6 MW of storage at selected facilities in the Phase 1 cities. EBCE expects to select a firm this fall.

EBCE is now seeking interested jurisdictions for Phase 2 of the Program. EBCE will work with a new set of jurisdictions to develop a second energy procurement portfolio. In addition to the City of Livermore, the 239
Cities of Pleasanton, Oakland, and Tracy have expressed preliminary interest in joining Phase 2. To participate in Phase 2, cities must adopt a resolution indicating an intent to pursue procurement of solar and battery storage for municipal facilities.

Next Steps

If the City of Livermore joins Phase 2, City staff will work with EBCE to determine which sites should be considered further for the Phase 2 procurement. Eligible facilities include but are not limited to City Hall, the Civic Center Meeting Hall, libraries, fire stations, the Livermore Airport, Livermore Water Reclamation Plant, and water and sewer pumps. Over the next few months, an EBCE-hired independent engineer would work to complete structural, roof condition, and electrical capacity assessments of the sites. Sites that would need costly upgrades to sustain solar and battery storage systems will be eliminated from the Phase 2 procurement portfolio. This step enables EBCE to identify a technically viable and cost-effective portfolio of buildings for solar and battery storage systems. EBCE will cover the upfront cost of these analyses, which would be recouped as part of an agreed-upon PPA rate on utility bills should the City decide to move forward with a project contract.

EBCE plans to release an RFP for a Phase 2 PPA provider in early 2023. EBCE would be the counterparty on the PPA, holding the contract with the vendor and a PPA contract with each individual participating city. Any installed solar and battery equipment would be owned, operated, and maintained by the third-party PPA provider under its contract with EBCE. The terms of the PPA would be agreed upon by the City and EBCE prior to EBCE issuing an RFP for vendor services. If the City determines the vendor proposal and terms of the PPA are favorable, installation of the solar and battery storage systems could begin as early as late 2023, depending on project developer schedules and the order in which projects are built. If the City determines that the terms are unfavorable, the City is under no obligation to install solar and a battery storage system at any facility.

Participating in this program is an opportunity for the City to enhance community energy resilience and ensure continuity of operations during power loss events like Public Safety Power Shut-offs, blackouts, and major disasters, like earthquakes. The technical expertise, streamlined procurement process, and operation and maintenance contracts provided by this program will reduce costs and risk for the City.

Installing solar and battery storage projects at critical municipal facilities is consistent with the City’s climate action and emergency operations goals.

FISCAL AND ADMINISTRATIVE IMPACTS

This resolution commits City staff time to pursue procurement of solar and battery storage systems through a PPA with EBCE. If the City determines that the project portfolio is cost-effective and improves its service to the community, the City could choose to install the systems. The PPA provider would pay for the installation, operations, and maintenance of the solar and battery storage systems, and the City would pay an agreed upon price per kilowatt-hour (kWh) for power generated. The PPA could result in significant utility cost savings to the City. However, if PPA pricing under this program is higher than anticipated or if the project terms are found to be otherwise unfavorable to the City, the City is under no obligation to proceed with installation. Additionally, the City would not need to reimburse EBCE for any costs incurred for the initial feasibility assessments if it chooses not to proceed with installation.

ATTACHMENTS

240

1. Resolution

Prepared by: Tricia Pontau
Senior Planner

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE THE CITY’S PARTICIPATION IN EAST BAY COMMUNITY ENERGY’S CRITICAL MUNICIPAL

FACILITY RESILIENCE PROGRAM TO PURSUE INSTALLATION OF SOLAR AND

BATTERY SYSTEMS AT CRITICAL MUNICIPAL FACILITIES
In 2016, the Livermore City Council adopted Ordinance 2047 and approved Resolution No. 2016-172 to participate with other agencies in Alameda County to implement, form, and join East Bay Community Energy Authority (“EBCE”) as a community choice aggregation program to provide cleaner electricity to customers in Alameda County pursuant to California Public Utilities Code section 366.2.

In 2018, the EBCE Board of Directors, which includes a Livermore City Council representative, approved a Local Development Business Plan (LDBP) that identified strategies to direct investments throughout Alameda County to expand renewable energy generation, create local jobs, and help member cities reduce greenhouse gas (GHG) emissions.

EBCE launched the Critical Municipal Facility Resilience Program (Program) as part of its LDBP implementation efforts. The Program is designed to address barriers to implementing solar and battery storage projects by providing technical expertise, facilitating procurement, and minimizing operations and maintenance.

Solar and battery storage systems provide clean, renewable electricity to buildings, store excess energy for use at night or when demands are greater, and allow facilities to continue operating during a power outage, reducing dependence on the electrical grid and diesel generators with limited run-time.

Under this Program, EBCE collaborates with JPA member agencies to identify a portfolio of cost-effective solar and battery energy storage projects for municipal facilities.

Selected facilities are included in a Request for Proposals (RFP) to identify a PPA provider(s) and project installation team(s). EBCE represents multiple jurisdictions and a large portfolio to streamline the procurement process and reduce risk and costs for each jurisdiction. The PPA provider pays for the installation, operations, and maintenance of the solar and battery storage systems, while the jurisdiction pays an agreed upon price per kilowatt-hour (kWh) for power generated.

City staff will coordinate with EBCE to determine if any critical municipal facilities in Livermore should be included in the next procurement portfolio. The terms of the PPA would be agreed upon by the City and EBCE prior to EBCE issuing an RFP for vendor services. If the City determines the vendor proposal and terms of the PPA are favorable, installation of the solar and battery storage systems could begin as early as late 2023. If the City determines that the terms are unfavorable, the City is under no obligation to install a solar and battery storage system at any facility.
242
RESOLUTION NO. _________
Participating in this program is an opportunity for the City to enhance community energy resilience and ensure continuity of operations during power loss events like Public Safety Power Shut-offs, blackouts, and major disasters, like earthquakes. The technical expertise, streamlined procurement process, and operation and maintenance contracts provided by this program will reduce costs and risk for the City. Installing solar and battery storage projects at critical municipal facilities is consistent with the City’s climate action and emergency operations goals.

On September 27, 2022, the City Council considered the staff recommendations and public testimony.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livermore authorizes the City Manager to approve the City’s participation in East Bay Community Energy’s Critical Municipal Facility Resilience Program to pursue installation of solar and battery energy systems at critical municipal facilities, and install these systems through a standard Power Purchase Agreement if the City determines that the project portfolio is cost-effective and improves its service to the community.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California.

On motion of Council Member , seconded by
Council Member , the foregoing resolution was passed
and adopted on September 27, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
/s/ Tara Mazzanti
Marie Weber Tara Mazzanti
City Clerk Assistant City Attorney
243

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

September 27, 2022
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Resolution accepting the Livermore Downtown Inc. Annual Report for FY 2021-22, and authorizing the execution of an agreement with Livermore Downtown Inc., in the not-to- exceed amount of $90,000

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the Livermore Downtown Inc. Annual Report for FY 2021-22, and authorizing the execution of an agreement with Livermore Downtown Inc. for services provided to the city July 1, 2022 to June 30, 2023, in the not-to-exceed amount of $90,000.

SUMMARY
The City's agreement with Livermore Downtown Inc. requires that they provide an annual report outlining their accomplishments during the previous year and describing the organization's goals for the coming year. Staff recommends the City Council accept the Livermore Downtown Inc. FY 2021-22 Annual Report (Attachment 1), and authorize the execution of an agreement (Exhibit A to the resolution) with Livermore Downtown Inc. providing $90,000 from the General Fund for services to be provided to the City. The agreement outlines the City's expectations over the next year.

DISCUSSION
Since 1986, the City of Livermore, and for a time the former Redevelopment Agency, have provided annual grant funding to Livermore Downtown Inc. (LDI) as part of a common mission to enhance economic growth, assist downtown businesses, and promote the downtown and the City of Livermore.

In FY 2021-2022, LDI used the funds to meet its obligations under the agreement through COVID compliant and innovative outdoor events, including:

Year-Round Sunday Farmers Market and Thursday Evening Seasonal Market Kidz Town Halloween Hay Day
Livermore Valley Made Pop Up Market
Witches Night Out, Earlier Than The Bird
Holiday Village in the Park
244
Home for the Holidays Sights and Sounds Parade
Livermore Valley Half Marathon
Livermore Downtown Kindness Campaign
Livermore Downtown Street Fest

Between FY 2004-05 and 2007-08, the City granted LDI $80,000 per year. Due to the downturn in the economy, the grant was reduced to $75,000 in FY 2008-09 and after a series of reductions and increases, it was set and remained at $90,000 from FY 2017-18 to FY 2020-21.

On January 29, 2021, an additional $150,000 was given to LDI for the implementation of the eGift certificate or Gift Livermore program, increasing the grant to $240,000 for that time period. In FY 2021- 22, the amount was set at $130,000, which included the $90,000 for services and an additional $40,000 to cover operating expenses and cross training related to the retirement of previous executive director, Rachael Snedecor. Staff recommends the agreement amount to be re-set to the $90,000 for FY 2022-

23. LDI continues to serve as an important partner in the implementation of the City's economic development plans through the use of social media and other promotional materials including Facebook (23.1K followers) and Instagram (7.1K followers). LDI's use of social media, e-mail blasts, and virtual meetings keeps them connected with the public on a regular basis. In addition, LDI also rolled out an updated Tourism map for the Downtown kiosks as well as hospitality and tourism tear sheet maps, which were distributed to local hotels, destinations like the wineries and breweries, and destination partners.

LDI also acts as a critical liaison for the City with the new and established businesses by assisting business owners who need help in marketing and promotion, essentially serving as an extension of the City's economic development efforts. During the last fiscal year, 11 new businesses opened in the Downtown. Many of these businesses had to navigate through the regulatory process. The new businesses include restaurants, professional service establishments, and specialty retail stores that will be able to use LDI's services to recover and sustain their operations as the economy recovers.

In addition to the above, LDI continued to partner with the City on the development and implementation of a variety of City projects including continued participation in the completion of the Downtown Plan, COVID-19 recovery efforts, and developing the Livermore Valley Made campaign, among other efforts listed in their 2021-22 Annual Report. This year, LDI will continue to support our makers and entrepreneurs through the management and expansion of the Livermore Valley Made campaign, communicate to the public updates on key Downtown revitalization projects, expand on the Livermore Valley Tourism efforts and programs to expand on destination marketing and hospitality support, as well as arts promotion. LDI will also continue to help implement the City's goals in its 2020-2025 Economic Development Strategic Plan and COVID-19 Economic Recovery Plan, and help develop policies and procedures that will facilitate the development and implementation of City plans, programs, and initiatives.

A copy of the Livermore Downtown Inc. Annual Report 21-22 (Attachment 1) is attached which details the events and services provided to the City and Downtown merchants.

FISCAL AND ADMINISTRATIVE IMPACTS

The $90,000 has already been budgeted in the City's General Fund (Fund 001) for FY 2022-23. Over 245
the years, LDI has been able to leverage previous funding requests with outside funds and volunteer assistance to provide the City with services and benefits that are significantly higher than the requested Agreement amount. In addition, LDI's promotional programs and events contribute significantly to the sustained success of the Downtown, resulting in increased sales and property tax generation.

ATTACHMENTS

1. Livermore Downtown Inc. Annual Report 21-22

2. Resolution

3. Exhibit A - Agreement with Livermore Downtown Inc.

Prepared by: Theresa De La Vega
Management Analyst

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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! ! 1
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PROMOTION
EVENTS

OVERVIEW

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Host: 2021 4th of July Fireworks
V);!#E!W71D!4*30I#3J9!-(&-010+!+70!)#!C#'*+!309)3*-)*#&9H Year Round Sunday Farmers Market and Thursday Evening
Seasonal Market

Deemed Essential by State and Alameda County Health Officials, our Sunday Market and Thursday Evening Market continue to operate and grow substantially. Our Sunday market saw significant growth both is vendors and in attendance. Downtown businesses continue to see an increase in visitors on Sundays and Thursdays as folks make their way to the market and stay to enjoy Downtown. Our contracted operator, Foragers Market, continues to curate the best Farmers Market experience in the Tri-Valley region by focusing on community engagement and quality vendors with special focus on Livermore Made Local.

Community Impact:

Forager’s Market continues their commitment to not only diversity and inclusion, but also food security. The Farmers Market began accepting EBT last year and this year expands to accept WIC which allows the market to provide access to fresh, healthy foods to qualifying low-income households.

ATTACHMENT 1
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What is EBT?
Electronic Benefits Transfer (EBT) is an electronic system that allows a Supplemental Nutrition Assistance Program (SNAP) participant to pay for food using SNAP benefits.

When a participant shops at a SNAP authorized retail store, their SNAP EBT account is debited to reimburse the store for food that was purchased.

What is WIC?
In June 2022 the market was authorized to accept WIC. The WIC Farmers’ Market Nutrition Program (FMNP) is associated with the Special Supplemental Nutrition Program for Women, Infants and Children, popularly known as WIC. Eligible WIC participants are issued FMNP coupons in addition to their regular WIC benefits. These coupons can be used to buy eligible foods from farmers, farmers' markets or roadside stands that have been approved by the state agency to accept FMNP coupons.

Economic Impact:

We estimate that the EBT and WIC program alone is allowing the market to process hundreds of dollars each week from Livermore Locals and providing wonderful nourishment to many local households.

Cultivating Local Livermore Business
Part of the Mission of the Livermore Farmers Market is to incubate, nurture and energize local entrepreneurship to create self-sustaining businesses for Livermore Locals. In 2021 the market on-boarded 15 Livermore based food/farm/craft businesses.

In 2022, the market on-boarded 7 new local businesses. Each business has an economic impact story to share. One example is the Rose Hill Ranch eggs business which began selling hundreds of dozens of eggs each week and has now expended to wholesale businesses serving local restaurants.

1. Florescent Farm

2. Paulo sausage
ATTACHMENT 1
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3. PGX Organics

4. Cross Road Growers

5. NOLA Jamabalaya - new

6. Rose Hill Eggs - expanding operation providing wholesale to local businesses now.

7. The Cheese Parlor – new business to downtown.

8. Anthony Scott Catering

9. JTM in the Kitchen – new

10. Dan Good cookies

11. Mushroom Mamma

12. Cassie’s Pasta BIlities – new

13. Wingen Bakery

14. Charming Fig - Cheese boards

15. Dan Marciel Farms

16. Wine Barrell Innovations

17. Mike Colella Woodworker

18. Roya Afghan Cuisine – local business expanded to market!

19. The Antique Leaf

20. Postres Macarons - new

21. Pandan Leaf – new
Unique Visitors:

We now attract over 2,000 unique visitors from all over the bay area to our popular Sunday Farmers Market. Our Thursday Night Farmers Market is slightly lower around 1,200 visitors each week with heavy local attendance.

Unique Visitors:

The Livermore Famers Market social media continues to be an engaging force which has continued to grow. The Farmers Market Instagram which began in 2020, now has an active following of over 5,000. These are followers who look towards the market as a ATTACHMENT 1
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resource for market AND Livermore businesses, tying these 5,000 followers to the market vendors and the local businesses alike.

Kidz Town Halloween Hay Day

The Halloween event, which was cancelled in 2020 due to Covid, was able to evolved into a Covid-compliant community event with the LDI team’s guidance. Stockmen’s Park became a hub for the Livermore Community and beyond to gather for Halloween Activities on October 30th, 2021. Stockmen’s Park played host to local vendors and microbusinesses to showcase their products. Patio dining downtown was encouraged to meet Covid safety guidelines. Downtown was full of families and children in costume shopping and dining. Downtown businesses stepped up 100% to provide a safe and interactive Trick or Treat experience throughout Downtown, with 38 businesses participated in the Trick or Treat Trail and activities. These activities created a great draw of folks from the entire region, coming to Livermore Downtown for a traditional Halloween experience and staying to support the restaurants and businesses. Treats were supplied by our participating restaurants to families in costume. The traditional costume contest was able to return with prizes being provided by retailer, Mozart Einstein and Me. With LDI’s guidance for Covid safety, after a 1-year hiatus, this family- favorite event had a successful return.

ATTACHMENT 1
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Livermore Valley Made Pop Up Market

On October 2, 2021, Livermore Downtown Inc hosted a Pop Up Market at Stockmen’s Park which featured local music, local food and local artist and crafters. LDI offered FREE booths to local Livermore Valley Makers who wished to participate. Livermore Downtown created this event as a way to support local, small businesses and makers and to give them a platform to showcase their products and promote their businesses.

Local bands included the Foam Riders, Matt Finders and Friends, Element. The featured winery was Shadow Puppet Brewery and the featured pourer was Wood Family Vineyards. Taylor’s Martial Arts sponsored the tasting wristbands. Vendors included Flaca’s Sala, Pop Shop Bakery, DonLynsLeather, Olivina, Livermore Valley Microgreens, Butter & Batter, Renee Verostek’s Jewerly Box, Becca’s Handcrafter Soapery and Cross Road Growers. This Livermore Valley Made Pop Up was a way to showcase and promote local businesses as well as a way to promote the newly added feature to the Livermore Downtown Inc website that serves as a directory for all local makers. The page is dedicated to local makers and designed to be utilized by local and visiting consumers looking to support local makers. Consumers can shop directly with the maker and discover all the creative innovative makers, right here in the Livermore Valley!

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Witches Night Out!

The traditional Witches Night Out event which includes a Martini Stroll was not Covid Compliant under ABC licensing and Alameda County Health Permitting restrictions in 2020. LDI guided businesses to pivot and designed a new “Patio Takeover” experience plan in partnership with participating restaurants. This event was successful in 2020 and made a return in 2021 titled “Moonlight Shopping and Dining”. The event took place on Wednesday, October 6th. LDI handled planning and logistics for Downtown businesses.

LDI took over the patios and booked groups for a fun, witch-themed dining experience.

LDI sold the seats for $10 as a donation to Livermore Downtown Inc. and the restaurant sold the food and beverage experience directly.

This event was well received as patrons were thrilled to have this hugely popular event back in Downtown. This event sold out restaurant reservations, and retailers and restaurants saw higher sales than a typical Wednesday providing an economic boost to the restaurants, retail shops and LDI. This event raised even more than the previous year with a net $10,150.00 in funds raised for the Livermore Downtown Inc. program alone. Some of the participating Restaurants included: Bruno’s, Demitri’s Taverna, The Riata, Sauced BBQ and Spirits, Miel de Agave Azul, Aviation Bar and Grill, La Botica, Beer Baron, El Charro, First Street Alehouse, Simply Fondue, Zephyr Grill & Bar, Locanda and First Street Wine Co. Ten additional Retail Businesses also participated with fun activations and promotions to draw in patrons to Downtown and boosting sales.

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Earlier Than the Bird

This event has proven to be our greatest retail event based on high sales by shops reporting year after year. It is a highly anticipated event each year which attracts thousands of shoppers, at 7 AM, in their pajamas, to launch their Holiday Shopping.

This event is traditionally and strategically hosted the Saturday before Thanksgiving so that we can capture the Shopping dollars before
Black Friday and Small Business Saturday. In Fall
of 2021, Covid was again on the rise, but so was the
support of patrons! Although Covid was up, so were
sales! With stores reporting higher sales than the
previous year.

As wonderfully successful as this event is
economically, Earlier than the Bird also serves a
greater purpose. Tri-Valley haven is a vital community organization located in Livermore. Tri-Valley haven serves adults and children who have experienced domestic violence, sexual assault or homelessness. In a conversation with Tri-Valley Haven, we discovered that the teen demographic was traditionally the “forgotten group” of toy drives. Leaving the teen groups in a shortage of gifts each year. LDI decided to take a stance and has partnered with Tri-Valley Haven’s gift drive to focus on the teen demographic ever since! We also work with the Downtown Businesses to curate teen ATTACHMENT 1
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gift items, so that the shopping for the teen gift drive can also occur Downtown, keeping shopping dollars right here within Livermore! Earlier than the Bird was a true testament, once again of the community’s dedication to shop and support local.

Participating businesses included: B12 Love, Baughman’s Western Outfitters, Board and Brush Creative Studio, Caratti Jewelers, Covet Boutique, Espresso Rosetta, First Street Nutrition, First Street Wine Co., Joya Yoga, L’evation Salon, Main Street Design, Mozart Einstein and Me, Murphy’s Paw, Olive Oil Pantry, Sunrise Mountain Sports, The Holiday, Therapy Stores, Towne Center Books, Up Town Girl Boutique & Salon and Vault California.

!
Holiday Village in the Park

2021 was the Inaugural year for Holiday Village in the Park. Holliday Village in the Park was held on Friday, December 3rd, the day before the annual parade to kick off the Holidays. Livermore Downtown Inc transformed Carnegie Park into a twinkly and magical holiday village. Community members described Holiday Village in the Park as being like a Holiday “Hallmark Movie”, but in real life! An invitation was extended to local makers, businesses and micro businesses to showcase their items, while local musicians provided the holiday ambience! Nearly 30 local businesses participated in the ATTACHMENT 1
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inaugural Holiday Village in the Park event. Booths were set up around Carnegie Park featuring local vendors with holiday treats, gifts, food faire and experiences.

Gazebo/Bandstand at Carnegie hosted Santa Visits sponsored by Livermore business, Marcel Orthodontics. Local property owner and commercial Realtor, Sherry Nigg sponsored candy land fairy characters for photo ops. This provided a unique opportunity for the community to have Santa Visits FREE of charge and parents the ability to take photos with their own cameras. This FREE Santa photo op, created an even bigger reason for our community to come Downtown to stay and shop local. Traditionally many people travel to malls for these photo ops, Holiday Village in the park made it so this year they didn’t have to, keeping local dollars local!
The event also played host to local winemaker, Wood Family Vineyards who featured a special holiday mulled wine and Shadow Puppet Brewing Co.

Holiday Village in the Park was more of a community give back for this initial year and did not really serve as a fundraiser for Livermore Downtown Inc.

Home for the Holidays, Sights and Sounds Parade

The Holiday Sights and Sounds Parade which is held on the first Saturday in December each year was cancelled in 2020 due to Covid but made a strong return in 2021. 56 local businesses and organizations participated and we also hosted City of Livermore Officials including Mayor Woerner, the Livermore Police Department and

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LPFD. The Holiday Sights and Sounds Parade is a great way to highlight and promote local businesses and helps to bring new business to those participants keeping local dollar right here in Livermore! Downtown businesses are full with shoppers and outdoor dining areas are bustling with happy diners
providing restaurants a boost. At the end of
the parade Livermore Downtown Inc
introduces Santa Claus to the entire
community and leads the Livermore
community in the annual tree lighting which
is a beloved Downtown tradition! The new
animated, light show tree was officially lit once again kicking off December Holidays in Livermore!

Livermore Valley Talent to Table, First Street Dinner

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!
Livermore Valley Half Marathon

March 6th, 2022 marked the return of the Livermore Valley Half Marathon. The half marathon attracted runners from 18 States including a large draw from the Pacific Northwest. The half marathon also had a substantial draw from Southern California and Regionally from San Francisco. Livermore Downtown provided an opportunity for Downtown and Local businesses to showcase their products in the post-race celebration at the “Finish Wine”.

Local Wineries and Breweries also were given the
opportunity to promote and also boost their
business by being official pourers at the post race.

Wineries and Breweries were compensated for
their product and also had a chance to be
promoted. Participants include Darcie Kent
Vineyards, Almost Famous Wine Bar, Concannon
Vineyard, Big White House Winery and John Evan
Cellars, Pennyweight Craft Brewing, Shadow
Puppet Brewing Company, Altamont Beer Works,

ATTACHMENT 1
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Dr. Hops Hard Kombucha and more. Local businesses also participated including Purple Hayes CBD, Haque Chiropractic and Plucked Chicken and Beer.!

The event also created an opportunity for
Livermore Youths programs. Our Savior Lutheran
School’s Leadership was able to fundraise by
supporting 2 water stations along the race. They
were able to raise $1,000. The National Charity
League was able to clock in community service
hours needed for college admissions through
collaboration with Livermore Downtown Inc.

Livermore Downtown Inc brought in over $7,000
via the marathon in funds raised to support
annual
programming.

Packet Pickup parties across town also drew crowds
into various businesses such as Darcie Kent
Vineyards and Sunrise Mountain Sports. Altamont
Beer Works release a special edition beer dubbed,
“Runner’s Hi. P.A” and were also featured on the
official shirts.

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Livermore Downtown Kindness Campaign

In 2022 we wanted to infuse joy back into our community by strategically launching our Livermore Downtown “Kindness Campaign” one week prior to the Livermore Downtown Street Fest in May. After hearing concerns from LPD regarding recent incidents in National News pertaining to public safety at large events, Livermore Downtown Inc wanted to take a proactive approach by setting
the expectations and a positive tone through
love and kindness. LDI created and spread
signs with positive and uplifting messaging
around the downtown area and via social.
media. Folks were encouraged to “spread the
kindness” by snapping pics with the signs and
sharing them on social outlets.

The goal was to bring the community together in
spreading positive vibes and joy throughout the
Livermore Community as everyone was
emerging from the Covid pandemic and
beginning to gather once more. The Kindness
Campaign reached thousands in Livermore and beyond.

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LDI got a great response from many community
members who reached out to express how these signs
around Downtown brightened their spirits and made their day. These signs created a social media buzz and also
set a positive tone for the Street Fest the following week.

The social buzz created many new followers for our
Downtown businesses and fostered positive
relationships with future patrons! We are proud to report that the positive tone was in fact set, Street Fest was met with love and LPD officially had ZERO alcohol OR Street Fest related incidents to report!

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Livermore Downtown Street Fest

The Traditional Livermore Downtown Street Fest made a
strong comeback and was wildly successful! Livermore
Downtown played host to thousands of festival goers,
173 Vendor Booths, 13 local bands, 10 local Wineries
and Breweries, 13 Sponsors and of course all of
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our Downtown and local businesses who participated. Artist and Makers were invited back to Downtown to showcase their items. Local wineries and breweries were able to share and promote their products, events and businesses. Livermore Downtown Inc invited businesses within the downtown core and neighboring districts to participate in promotional campaign created by LDI.

Livermore Downtown Inc created a
“Downtown Business Festival Features”
campaign for Street Fest in which
participating businesses were marketed by
LDI. We worked to highlight the special
events, activations and promotions they
would be hosting in order to draw in more
business. Over 25 Downtown Businesses
participated with activations and
interactives. Street Fest played a role in
boosting not just local businesses but also supporting local youth organizations such as the Boy Scouts who were able to raise funds by distributing and posting no parking signs for LDI and the Livermore High School Dance Team was invited by LDI to use Street Fest as a Fundraising Opportunity. The LHS Dance Team sold water at Street Fest and raised over $2,000 for their team. Livermore Downtown Inc surveyed Downtown Businesses as part of our post-
festival debrief. Surveys were sent to all
downtown businesses. Of the businesses
surveyed, 85% reported that they felt Street
Fest brought them more customers and
future customers. 58% of businesses
reported higher sales during Street Fest
weekend over a regular weekend with the
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remaining businesses reporting their sales were about the same as a regular weekend and ONLY TWO businesses reporting less traffic than a typical weekend. Street Fest has proven to drawn in local, regional
and state folks. Statistics from our
online portal show that 60% of our
Vendors were local, 10% were In
State and 30% of our participants
were Regional.

Street Fest boosts local economy and
also provides temporary jobs for our
community. Thirty additional jobs
were created through LDI alone for Street Fest weekend and 26 volunteer opportunities were created.

We also encouraged neighborhood areas within the district to hold their own events within the event to create more synergy throughout the district. The Livermore Butcher held a fundraising event for LPFD in his parking lot to capitalize on the large festival crowds and support the local fire foundation. Our restaurants, retail shops and professional businesses all saw an economic boost and/or procured future clients this weekend and our Livermore Community was overjoyed to be able to celebrate once again as a community.

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Business
Communications/
Economic Vitality/
Design/Promotion
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Economic Vitality:

Amended the Outdoor Dining Policy
In 2022 Livermore Downtown Inc worked with the City of Livermore to amend the outdoor dining policy. Livermore hosted workshops and meetings in which all downtown businesses were invited to partake in the conversations between the City of Livermore, Livermore Downtown Inc and the downtown business owners and tenants. Livermore Downtown Inc also hosted the Community Development Department in several walks downtown to initiate dialogue with the downtown businesses and the City of Livermore Planning Department. LDI served as the conduit between the city to make sure that all businesses had access to the workshops, communications and the vital information.

Livermore Downtown Inc followed up every meeting and communication with the City of Livermore by sharing the processes, plans and protocols with the downtown stakeholders such as the businesses. Livermore Downtown Inc maintained a list of compliant and non-compliant businesses in the effort to offer our continuous support in compliance with city rules and regulations. Livermore Downtown Inc worked with the City of Livermore’s planning department to prepare a statement to be made in support of the Updated Dining Policy at the Council Meeting. Livermore Downtown Inc appreciates the City taking into account every business downtown to ensure that the dining policy is beneficial to all businesses, not just the restaurants.

Working with businesses on permitting and compliance issues Livermore Downtown Inc is currently brokering a deal between a local fencing company and downtown businesses to provide compliant outdoor dining fencing at a reduced price to the downtown businesses. With supply chain issues affecting business’s ability to locate fencing at a reasonable cost and within a reasonable timeline. This deal will ensure that downtown businesses find local sources, obtain their fencing within an acceptable timeline and will keep local dollars here in Livermore. LDI is managing a list of non-compliant businesses who are being assisted in this deal and is communicating this information to the City of Livermore Community Development and Planning team.

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Downtown Business Audit
Aside from our regular maintenance and upkeep of our roster of downtown businesses, LDI also completed an annual audit in January 2022 in which we visited every downtown business to collect data and ensure the most up to date information.

Livermore Downtown Inc partnered with the National Charity League to provide an opportunity for their program to participate in community service. The NCL core program is for mothers and daughters, grades 7-12, to participate in a program that embraces philanthropy, leadership and culture. LDI continues to be a community partner with NCL which in turns translates into needed community service hours for high school ages youths and data collection for LDI.

Downtown Parkin App
In March 2022, Livermore Downtown Inc began
providing assistance to the City of Livermore in the
development phases of the upcoming parking app
for public use. Livermore Downtown Inc attended
various meetings with the City of Livermore along
with app developer, Frog Parking. Livermore
Downtown Inc is managing the list of participating
businesses as they must opt in to be a part of the
app. Livermore Downtown Inc is also communicating the app to downtown businesses and stakeholders. LDI offered valuable assistance and feedback in the development of the app and we look forward to assisting in the beta testing, implementation and promotion of the app. The extended the future would also entail parking enforcement and added revenue for the City.

Downtown Construction, Development and News updates
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keep our businesses informed of street closures, street maintenance and construction work in the area as well as any additional updates, programs or news that affects downtown businesses. We work with PG&E to keep our businesses informed of the on- going weekly maintenance to the downtown area. We also work with all of the outside entities to who hold events in the downtown area to provide logistical support and education to them as well as provide information to our downtown businesses when they will be affected.

LDI spearheads efforts to bring high-speed internet to Downtown businesses In May of 2022, Livermore Downtown Inc began advocating for improved internet services in the downtown area. LDI began communication with Comcast to offer assistance in obtaining an easement that would allow businesses along First Street to begin being serviced in Fall of 2022. In communications we learned that six businesses would be excluded from the upgrade unless this crucial easement is procured. LDI is serving as a liaison between Comcast and downtown businesses in an effort to broker a group deal for Downtown Businesses.

Continuous Communication
Livermore Downtown has continued to maintain constant communication with Downtown businesses. In February 2022, Livermore Downtown Inc hired a new Executive Director, Ruby Lopez-Villarreal that has personally continued to hit the pavement. Lopez-Villarreal took the time to walk to each business within the Downtown Core to meet business owners and offer an opportunity for them to share their concerns. LDI has also continued to hold monthly meetings in which businesses, board members and City Liaisons are invited to participate in an effort to foster ongoing communication regarding Downtown construction impacts, parking and public space use. In May of 2022, we invited City Engineer, Bob Vinn to give a construction update report at our Monthly Meeting. This information is then passed along to impacted businesses and stakeholders.

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Business communications to impacted businesses on 1st Street In Spring of 2022, LDI assisted the City of Livermore in communicated with the downtown businesses. Livermore Downtown Inc acted as a liaison between the City and businesses that would be impacted by the structure being built behind First Street Alehouse and the coming Trash Enclosure. Livermore Downtown Inc met with Edward Reyes and members of the engineering team to communicate the developments with the local businesses. We also provided contacts and feedback in the development process.

Design:

Provide direction and input for downtown design elements Livermore Downtown Inc continues to work closely with the City of Livermore Public Works department. LDI has been working with Jeff Shafer to help communicate lighting needs and upgrades for lighting for pedestrian accessibility and safety. We assisted in moving forward with the first and second
phase of construction at Carnegie Park. In
May 2022, we provided input on phase 3
and phase 4. We provide vital feedback on
the best ways to activate Carnegie Park in
regards to the planning phases and orders
in which the phases occur as well as best
uses for these public spaces. Furthermore,
LDI leverages it’s active social following and communications methods to support in communicating the updates to the public.

Additionally, In June we assisted the public works department in planning in the best locations for bike racks to be installed at Carnegie Park in a way that would provide support to cyclist while still maximizing year-round park events and activations.

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Activating public spaces with community and businesses supporting issues Livermore Downtown Inc has been managing “The Lot” located on First Street. We assist the City of Livermore in booking the
previously underutilized space, creating vibrancy
through activation while supporting local
businesses. One example of the space in action is
when a Livermore Local resident Maggie Fields,
launched her new mobile pretzel business,
Peggy’s Pretzels in Fall of 2021. This small, local
business utilized the space in November for their
soft opening to test out their event process. The
community was invited to attend this free pop-up event that launched this local business which is now thriving!

Interface with City Code Enforcement and business owners regarding possible nuisances and zoning code violations
LDI has been working with the Neighborhood preservation officer, the City’s Planning team and Community Development Department in conducting musical sound tests in the downtown corridor in an effort to amend the outdoor music policy. Livermore Downtown Inc has established partnerships with Downtown businesses such as Rebel Kitchen Libations and The Last Word to include these businesses in the sound testing as part of our relationship management. Livermore Downtown Inc is offering input and assistance as we work together to establish an outdoor sound policy that benefits the downtown businesses while and that do not disturb neighboring residents, tenants and businesses. Livermore Downtown Inc feels that it is crucial to the downtown and city economy that downtown businesses and outlying destination businesses such as wineries and breweries all have an equal “playing ground” to maintain fair and balanced equity for all in the tourism and hospitality industry.

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Activation of public space supports various finds
Livermore Downtown Inc’s presence at the Carnegie Building has helped us to not only identify historic preservation needs as well as safety areas to be addressed so the public feels safe and invited to utilize this park through picnic, and event usage. LDI has noticed a dramatic decrease in homeless presence in the park since Livermore Downtown Inc has begun to manage the building and activate the park for events and public usage. Livermore Downtown Inc has also been managing pest control and at the Carnegie building and the has also seen a dramatic decrease in occurrences of complaints associated with these pests.

Façade Improvement and historic preservation
Livermore Downtown Inc works with business and property owners to facilitate communication and building improvements while educating business owners of the need for historic preservation. LDI partners to seek out historic preservation and face improvement grants. One such example is the Donut Wheel. Livermore Downtown Inc has initiated communication with the property owner in the past and is again initiating conversation. Donut Wheel has architecture that should not be touched to maintain historic preservations, yet we are working to communicate to the property owner that we can assist them in finding period appropriate paint colors as well as a simple window and cleaning service and ways to replace the storage and provide uniform, signage.

Livermore Downtown Inc is conscious of the need for façade improvement and also aware of the various ways to facilitate said improvements without the unwanted results of rent increases for tenant/businesses and large costs to the property owners.

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Promotion:

Tourism, Hotel and Hospitality Tear Sheet Maps
Livermore Downtown Inc has rolled out an updated Tourism map for the Downtown Kiosks as well as hospitality and
tourism tear sheet maps which
include the map and downtown
businesses. These tear sheet
maps serve as valuable tourism
guide which drives business and
visitors to local businesses.

These tear sheet maps were
distributed to local hotels as well
as local destinations such as
wineries and breweries and
our destinations partners.

Collaborating with local and regional organizations to promote Livermore Downtown and Livermore Tourism
Livermore Downtown Inc has maintained positive working relationships with key partners. Executive Director Ruby Lopez-Villarreal is a member of the Livermore Valley Agritourism Leadership Group. On April 6th, Lopez-Villarreal spoke at the Livermore Chamber of Commerce Business Alliance Meeting on July 8th, Lopez-Villarreal will be speaking at the Innovation Tri-Valley (ITV) Leadership Group meet up. LDI is also very active in support the Livermore Cultural Arts Council and cross promoting their events and initiatives. LDI also supported the LARPD Foundation with their Wine in the Grove Fundraiser in which LARPD’s Evan Branning stated that we brought them the most ATTACHMENT 1
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support for their silent auction than any other entity. LDI continues to foster these and other key relationships.

State and National Associations
Livermore Downtown Inc continues to be an active
member of the California Main Street Association and
the National Main Street Association. LDI’s campaign
for Women’s History Month received kudos and State
attention when we were featured in the California Main
Street March Newsletter, where they stated that they
were “Inspired by the Women’s History Month Series in happening in Livermore…” Livermore Downtown Inc Staff and Board attended the Annual Conference on March 24-25th. The conference provided an opportunity for California commercial district revitalization leaders to learn best practices, key trends and development strategies.

The California Main Street Association (CAMSA) continues to be a vital resource for training, access to resources, partnership opportunities and best practices in downtown and commercial district development.

Partners in Main Street is back!
Livermore Downtown brought the LDI Partners in Main Street Program back! Last year as part of our covid-crisis support we offered the program for FREE to all downtown businesses. Those businesses had the opportunity to “test out” the program, in turn the support received by those businesses who never used the program before realized that it had a lot of value and so this year those businesses willingly and enthusiastically signed up! This year LDI signed on over 35% of downtown businesses, raising nearly $20,000 in funds for Livermore Downtown Inc. Members of the partner program receive additional promotion throughout the year. Partners are highlighted on our website, in Downtown Kiosk Maps as well as in the Hotel and Hospitality Tear Sheet maps located at hotels and local destinations. One of the businesses favorite features of the program is that it provides additional marketing assistance via social media which has an active following of over 30k! Partners also receive free booths at the Livermore Farmers ATTACHMENT 1
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Market and the Livermore Downtown Street Fest, access to our weekly Newsletter (almost 6k reach), and automatic promotion at upcoming events.

21/22
Partnerships and
Relationships
Management
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New Key Relationships!
Aside from our current relationships with Livermore Local Makers, the Livermore Valley Chamber of Commerce, The Livermore Cultural Arts Center, The Livermore Valley Winegrowers Association, The Livermore Labs, Visit Tri-Valley, Innovation Tri-Valley and additional partners, Livermore Downtown Inc recently helped to launch these new players in the industry and to develop these new programs for outreach:

Livermore Live Music
In 2022 Livermore Downtown Inc partnered with Livermore Live Music to make sure that people were aware of this incredible resource that helps connect venues with local artists and gigs and local bands with local wineries. LDI played a role in the promotion to ensure that public access to live music which in turn generates more patrons filling local restaurants, wineries, breweries and Livermore establishments. Once again, keeping local dollars local.

Roots Up Collective
In March of 2022, Livermore Downtown Inc established a relationship with Roots Up Collective. LDI has an agreement with Roots Up Collective to receive in-kind trade for their services as they are a consulting firm which offers assistance to non-profits, small businesses and local governments with events and operations consulting. LDI plans on utilizing Roots Up Collective to hold training workshops for downtown businesses amongst other things.

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LDI forms New Legacy Business Recruitment and Communication Committee At LDI’s most recent board meeting in June of 2022 Livermore Downtown Inc formed a new committee that would spearhead new business recruitment and communication for the Legacy project. We are developing a Legacy business welcome packet as well as compiling resources for new business which assist new businesses in obtaining licensing, permitting and provide valuable links and connect the businesses directly with pertinent city information. Livermore Downtown Inc is communicating with local commercial Realtor to assist in recruiting new businesses that would complement the existing downtown area and that would thrive in the downtown setting.

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Ammended the Outdoor Dining Policy
In 20

SUPPORTING

BUSINESS VIA

SOCIAL MEDIA
& WEBSITE

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SOCIAL MEDIA

UTILIZING KEY PARTNERSHIPS TO PROMOTE GROWTH

Livermore Downtown Inc believes that partnerships play a vital role in all business’ success, and we feel that this carries over into all aspects of an organization. Executive Director, Ruby Lopez-Villarreal is taking LDI’s social media to the next level and has seen steady and healthy growth since she began at LDI in February. Social media growth must be organic in order to be sustainable and we achieve that through partnerships.

LDI’s social media has grown in the last year, gaining over 1,000 followers from February ’22 to June ’22 alone on Instagram. LDI’s Facebook page also gained an additional 1,000 followers from Feb ’22 to June ’22 alone and 2,000 additional followers since June 2021.

@livermoredowntown on Instagram currently has 7,136 followers and we expect to surpass 10k followers by end of year.

@livermoredowntown on Facebook currently has 23,176 followers and we expect to surpass 25k by end of year. This is over 3k more than Visit Tri-Valley, 10k more followers than popular, local group “Love Livermore” and over 20k more followers than the Livermore Valley Chamber. In fact, LDI has the largest Facebook following of all of the Livermore Valley hospitality, tourism and event-based groups.

Livermore Downtown Inc works to partner and collaborate with local and regional organizations in promoting each other. We offer our support in sharing information and in-turn we gain additional support. LDI fosters a positive, inclusive and informative space that engages the audience and generates additional growth. The audiences desire to stay informed of upcoming events and happening ensures that our followers continue to return and share the information.

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WEBSITE ADDITIONS

LIVERMORE VALLEY MADE

Livermore Valley Made began as a concept in 2019 and was relaunched in 2020 with the Livermore Downtown Inc Virtual Village, which was a covid-created program to promote businesses and provide a covid complaint way to shop and boost the local economy. We are proud to continue this outreach and covid-safe ways to shop and support local! In August of 2021 the Livermore Valley Made website page was created ATTACHMENT 1
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on the Livermore Downtown Inc website. It is essentially a website within a site, dedicated to celebrating local makers. The Livermore Valley Made page hosts a Livermore Valley Made directory,
listing all makers based on product
category. Their sales portal and
preferred communication tool is
accessed from their link. This page is
designed to be utilized by local and
visiting consumers looking to support
local makers. Consumers can shop
directly with the Maker and discover
all the creative, innovative and
amazing Makers, right here in the
Livermore Valley, bringing
uniqueness and excellence to the
consumer and once again keeping
local dollars, local!

Livermore City CouncilSeptember 27, 2022

Livermore City Council
September 27, 2022