Agenda packet — Livermore City Council, June 26, 2023 (part 2 of 6)

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EXHIBIT A
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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.

Revised 9/21/2015 B3 – 3M

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EXHIBIT C
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of an agreement with DC Electric Group, Inc. for on call streetlight and traffic signal maintenance services, for three years with an option for one
two-year extension, in an amount not-to-exceed $700,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with DC Electric Group, Inc. for on call streetlight and traffic signal maintenance services, for three years with an option for one two-year extension, in an amount not-to-exceed $700,000.

SUMMARY
Staff issued a Request for Proposals (RFP) to seek assistance with on call streetlight and traffic signal maintenance and repair services. Staff have completed their review of the four proposals received and is recommending DC Electric Group, Inc. as the best value bidder.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with maintaining, repairing, and replacing over 7,500 streetlights and 115 traffic signals throughout the City.

In order to facilitate this, staff issued a Request for Proposals on April 19, 2023, soliciting proposals from qualified contractors to provide on call streetlight and traffic signal maintenance and repair services. The proposed agreement uses a time and materials basis for compensation (fixed hourly rate, fixed materials markup percentage, and established Caltrans hourly rates for equipment) to allow the maximum flexibility in completing the work.

Staff utilized a multi-step process in determining which company represented the best value as defined by Livermore Municipal Code (LMC) 2.68.040. Four service providers responded with responsive proposals. All four proposers showed sufficient relevant experience in order to successfully complete the desired scope of work.

138
Staff recommends that the City Council award an agreement to DC Electric Group, Inc. as the best value and reject all other bids. DC Electric Group, Inc. is the current contractor to the City for streetlight and traffic signal repair and maintenance. The bid from DC Electric Group, Inc. was not the lowest, but represents the best value to the City due to the high quality of their work, both their industry and local expertise, and their rapid and professional responsiveness to the City. They perform their work efficiently and promptly providing value to field and ad
ministrative staff. The proposal results are as follows:

Company
Hourly Labor Rate
Bear Electrical
$135.00
DC Electric
$145.00
St. Francis Electric
$155.00
Tennyson
$185.00

FISCAL AND ADMINISTRATIVE IMPACTS

Adequate funding for this agreement exists in Fiscal Years 2023-24 and 2024-25 General Fund bu dget.

Additional appropriations will be included in the Fiscal Year 2025-26 budget update as necessary.

COMMUNITY PILLAR
5: A City That Works

GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. Resolution

2. Exhibit A - Traffic Signals Repair and Maintenance 23-0255

Prepared by: Marisa Gan
Management Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DC ELECTRIC GROUP, INC. FOR STREETLIGHT AND TRAFFIC SIGNAL MAINTENANCE SERVICES, IN AN AMOUNT NOT-TO-EXCEED $700,000 The Maintenance Division of the Public Works Department is responsible for maintaining, repairing, and replacing over 7,500 streetlights and 115 traffic signals throughout the City of Livermore (“City”).

To assist staff in this obligation, the City published a Request for Proposals for streetlight maintenance services pursuant to the requirements of Livermore Municipal Code Chapter 2.68. Four contractors responded with responsive proposals. Staff evaluated the proposals and recommended that the City Council award an agreement to DC Electric Group, Inc., as the best value bidder, and reject all other bids or proposals.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to sign, on behalf of the City of Livermore, an agreement with DC Electric Group, Inc., attached hereto as Exhibit A, for streetlight maintenance services for a three-year term with an option for one two-year extension in an amount not-to-exceed $700,000.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore rejects all other bids or proposals.

On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 26, 2023, 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 for Services with DC Electric Group, Inc. 140
Agreement for Services Page 1
Rev. 09.2021

AGREEMENT FOR SERVICES

THIS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and DC Electric Group, Inc. (“Contractor”), a California corporation.

RECITALS

City requires services to provide on-call traffic signal and streetlight maintenance services and repairs.

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

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

AGREEMENT

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

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

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

3. D
escription of Services. Contractor shall provide services to provide on- call traffic signal and streetlight maint enance services and repair s as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. C
ontractor ’s Responsibilities. Contractor shall:

(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;

(b) Provide the resources necessary to complete the Services in a timely manner;

(d) Obtain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
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EXHIBIT A
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Agreement for Services Page 2
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(e) Co
mply with all laws in effect that are related to Contractor and the Services; (f
) Coordinate the Services with Public Works Manager -Signals (“Project Manager”), or such other person designated as the Project Manager by City; (
g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (
h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep
and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Contractor shall make the 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. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Contractor and City shall coordinate their delivery to City in the most efficient manner possible;
(j) 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) Contractor shall correct, at its own expense, all errors in the S ervices.

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

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EXHIBIT A
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5. C ompensation and Payment .

(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $700,000 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor ’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

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

6. T
erm . The term of this Agreement commences on July 1, 2023, and terminates upon the completion of the S ervices or June 30, 2026, whichever occurs first. This Agreement may be extended for one additional two-year term by mutual written consent of the parties. The hourly rates set forth in Exhibit A to this Agreement may be increased for the additional two year term commencing July 1, 2026 of this Agreement, provided the hourly rates set forth in Exhibit A for compensation are not increased by more than the percentage increase in the Consumer Price Index for all Urban Cons umers ("CPI-U") in the San Francisco-Oakland-Hayward, California area from the prior calendar year's CPI rate in April.

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

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

9. C opyright and Right of Use . All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Contractor to City and Contractor obtains a license to such items for the ben efit 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.

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EXHIBIT A
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10. C onfidentiality . Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor ’s employees who require access to the information to perform the 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. D efense, 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. Consult ant 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 section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

14. A
cceptance of Work. City’s acceptance of, or payment to Contractor for, the Services does not release Contractor from its responsibility for the accuracy , completeness, or competency of the Services, nor do the actions constitute an DocuSign Envelope ID: 1344CF20-8BEE-44A6-B8C8-EC3346EA6680

EXHIBIT A
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Agreement for Services Page 5
Rev. 09.2021
assumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

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

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

17. No
n -Exclusive Agreement. This is a non- exclusive agreement. City reserves the right to provide, and to retain other Contractors to provide, services that are the same or similar to the Services described in this Agreement.

18. N
o Assignment . Contractor shall not assign or subcontract any of the Services without City’s prior written consent. For the purposes of this section, a change of fifty - percent or more in the ownership or control of Contractor constitutes an assignment.

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

20. C
onstruction 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. E
ntire 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.

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EXHIBIT A
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22. N otice . 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:

TO
CITY: Attention: Public Works Manager-Signals
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONTRACTOR: Attention: John Abraham
DC Electric Group, Inc.

PO Box 7525
Cotati, CA 94931

23. W aiver . 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. S
everability . 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. S
urvival . The terms, conditions, and obligations in Sections 8, 9, 10, and 11 shall survive the completion or termination of this Agreement.

26. E
lectronic 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. C
ounterparts . 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.

28. Prevailing Wage Law and the Labor Code. This Agreement is subject to all applicable Labor Code Requirements.

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(a) DIR Registration. City will not enter into Agreement without proof that the Contractor is registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions. Should the City determine that Contractor is not so registered after the parties have executed this Agreement, the City shall be entitled to void this Agreement with no consideration to Contractor. (b) DIR Monitoring. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

(c) Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Services are to be performed for each craft, classification or type of worker needed to perform the Services, including employer payments for health and welfare, pension, vacation, apprenticeship, and similar purposes.

Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each worker performing Services under this Agreement that is a Public Work pursuant to Labor Code, Section 1720, including clean- up at the, must be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. Contractor must post a copy of the applicable prevailing rates at any worksite.

(d) Copies of Prevailing Wages. Copies of the prevailing rate of per diem wages applicable to the Services required by this Agreement are on file at the City of Livermore, Livermore City Hall, 1052 S. Livermore Ave, Livermore, CA 94552 in the custody of Leslie Young, which the City shall make available to any interested party on request. The City shall also cause a copy of the determination of the director of the Department of Labor of the prevailing rate of per diem wages to be posted at each job site.

(e) Penalties Under Labor Code, Section 1775. Contractor will forfeit to City, as a penalty, up to $200.00 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

(f) Federal Requirements. If this Agreement is subject to Federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor is required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html, or under California law, available online at http://www.dir.ca.gov/DLSR.

(g) Eight Hour Day and Penalties. Under Labor Code, Section 1810, eight hours of labor constitute a legal day’s work under this Contract. Under Labor Code, Section 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each worker employed in the execution of this Agreement by the Contractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of Labor Code, Section 1813, unless the workers are paid overtime under Labor Code, Section 1815 at not less than 1 1/2 times the basic rate of pay.

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(h) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code, Section 1777.5, which is fully incorporated by reference.

(i) Notices. Under Labor Code, Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation.

(j) Records.

1) Contractor shall furnish accurate records specified in Labor Code, Section 1776 directly to the Labor Commissioner, in the following manner: (A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner. Section 1776 requires the Contractor to provide the following information: the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Services performed pursuant to this Agreement. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury according to the laws of the State of California, stating both of the following: (i) The information contained in the payroll record is true and correct; and (ii) The Contractor has complied with the requirements of Labor Code, Sections 1771, 1811, and 1815 for any work performed by its employees pursuant to this Agreement.

2) Contractor shall also comply with the requirement of Labor Code, Section 1812, which requires every contractor to keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the aw arding body and to the Division of Labor Standards Enforcement.

(k) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and as further provided by the Labor Code. Contractor is solely responsible for redacting employee personal information, e.g., name, address, and social security number, before disclosure of the certified payroll record, as specified in Labor Code, Section 1776(e).

(l) Enforcement. Upon notice of noncompliance with Labor Code, Section 1776, Contractor has ten days in which to comply with requirements of Section 1776. If Contractor fails to do so within the ten- day period, Contractor will forfeit a penalty of $100.00 per day, or portion of a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

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EXHIBIT A
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(m) 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 accordance with the provisions of that code, and that Contractor will comply with such provisions before commencing the performance of this Contract.”

(n) Discrimination. Contractor shall not discriminate in the employment of persons on any basis articulated by Labor Code, Section 1735.

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Signatures and Attachment List on the Next Page

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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONTRACTOR: Dated:

____________________________ ___________________________ By: John Abraham
Title: Regional Manager

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

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

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EXHIBIT A
150
Exhibit A
Scope of Work

Contractor shall provide all necessary labor, materials, equipment, and supplies to perform the following duties related to streetlights and related equipment on an as- needed basis:

1. Contractor shall perform maintenance and repair services for City-owned streetlights, traffic signals, and related equipment including, but not limited to:
• Repair and/or replacement of streetlight and traffic signal fixtures and or components thereof.
• Replacement of streetlight poles and traffic signal foundations. • Troubleshooting streetlight and traffic signal outages or abnormal functioning.
• Repair and/or replacement of streetlight and traffic signal wiring, conduit, pull boxes, and related components.

2. When replacing or repairing streetlight or traffic signal fixtures, Contractor shall splice wire at the handhold, not the pull box. Project Manager may authorize exemptions from the requirement.

3. All work shall be performed as directed by the City’s Project Manager.

4. Contractor shall notify Project Manager at least 24 hours in advance of any traffic control which requires lane closures.

5. This agreement does not obligate the City to a minimum amount of work or compensation to be granted to Contractor.

6. Work locations may be anywhere in the City of Livermore.

7. Contractor shall perform all work between the hours of 6:00 AM and 2:30 PM, Monday through Friday, unless explicitly authorized by Project Manager or City staff that are participating on the 24 hour stand by program

8. Contractor shall complete work within fourteen (14) days following notification by City staff. The Project Manager may authorize exemptions from the requirement based on material availability.

9. Contractor shall supply any necessary traffic control measures.

10. Contractor shall warranty their work for a minimum of ninety (90) days upon completion against defects in workmanship and/or materials. Any repair costs incurred within this ninety-day period shall be at the sole expense of the Contractor.

11. City may supply materials to Contractor for use in the work. Contractor shall supply any materials not supplied by City.

Compensation

12. Contractor shall only bill for work after completion.

13. City shall compensate Contractor for labor at the rate of $145.00 per hour.

14. City shall compensate Contractor for after-hours labor at the rate of $225.00 per hour. After-hours shall be defined as any time outside of 6:00 AM – 2:30 PM Monday through Friday and also includes Saturdays, Sundays, and Holidays.

15. Cit
y shall compensate Contractor for equipment and vehicles at the current rental rates as established by Caltrans.

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EXHIBIT A
151
Exhibit A
Scope of Work

16. City shall compensate Contractor for materials at the documented cost plus 15% markup.

17. Contractor shall provide receipts for materials only upon request by the Project Manager.

18. City shall not grant compensation for travel time or procurement of materials.

19. City shall not grant compensation for telephone-based meetings.

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EXHIBIT A
152

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”

Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

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

2. The limits of insurance required in this agreement may be satisfied by a Revised 9/21/2015 B3 – 3M

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153
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.

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.

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

Revised 9/21/2015 B3 – 3M

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154

EXHIBIT C
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EXHIBIT A
155

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting services over a three-year term, in an amount not-to-exceed $750,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Old Brit Consulting for general IT consulting services over a three-year term, in an amount not-to-exceed $750,000.

SUMMARY
The City of Livermore's IT Division needs high-level system administration support of several projects that require significant experience with the setup and configuration of Microsoft cloud and on-premises systems that City staff do not have. Due to the short-term nature of the initial deployment of these systems, it is more cost-effective to outsource these tasks to a trained professional with knowledge of City systems.

DISCUSSION
Staff is deploying complex information system projects to support the City's five-year Strategic Plan. In most deployments of this scale, the technical team consists of two elements; one to deploy the system and configure it for use, and another to take over and run the system after deployment. Each team has unique skill requirements to achieve these project goals.

Deploying these large-scale solutions requires a methodical review of current business practices, knowledge of the current environment, and a significant understanding of the new system. This level of experie
nce is commonly acquired through specialized training for senior technical staff by
the vendor or
with multiple successful deployment projects.

Old Brit Consulting has significant experience with designing and deploying complex solutions for government organizations and has been working with the City since 2018. As a result, they have deep knowledge of the City’s IT infrastructure, history, and workflows and provide fast, thorough service as 156
needed. This knowledge is critical to improve the speed by which the City can implement new technology programs due to the significant amount of specialized training required to learn the new environment. Old Brit Consulting has acquired this knowledge through extensive project work with the City, eliminating the need for training to bring on a new partner.

By continuing the partnership with Old Brit Consulting, the City can continue with the rapid deployment of complex systems without the need to train City staff on deployment and design techniques. Instead, staff will train on the support and ongoing maintenance of these environments, which is a better use of staff time and resources.

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount for this agreement is $750,000 and will cover FY 2023-24 - FY 2025-26, a three-year term. All costs associated with the proposed contract will be included in the IT Division’s budget.

There will be no impact to City resources such as staffing, space, facilities, and equipment. Old Brit consulting will provide all necessary hardware and software to perform the tasks assigned by IT management staff and will not be reliant on any licenses, hardware, or email accounts to be provided by the City.

COMMUNITY PILLAR
5: A City That Works

GOAL
11: Modernize key business systems and processes to increase efficiency and improve transparency

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement with Old Brit Consulting and City of Livermore

Prepared by: Steve Rodriguez
Assistant Administrative Services
Director

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH OLD

BRIT CONSULTING FOR GENERAL IT CONSULTING SERVICES IN AN AMOUNT NOT-TO-EXCEED $750,000 OVER A THREE-YEAR TERM
The City of Livermore (“City”) requires high-level system administration tasks for the support of several projects included in the Council's goal of modernization, training, and workplace enhancements.

The City has used outside IT services to perform specific and advanced technical and administrative tasks to support the City technology program.

The City has used Old Brit Consulting for five years and City staff have been pleased with their services.

The total fees for Old Brit Consulting services will not exceed $750,000, and that will be charged to the City through hourly rates based on services provided.

BE IT RESOLVED by the City Council of the City of Livermore that it authorizes the City Manager to execute a professional services agreement with Old Brit Consulting, attached hereto as Exhibit A, in an amount not-to-exceed $750,000 over a three-year term.

On motion of Council Member_____________________, seconded by Council Member ____________, the foregoing resolution was passed and adopted on June 26, 2023, 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 Old Brit Consulting and City of Livermore 158
AG

REEMENT FOR SERVICES
TH
IS AGREEMENT is made and entered into this day of , 2023, by and between the City of Livermore (“City”), a municipal corporation, and Old Brit Consulting. (“Contractor”), a California corporation.

RECI
TALS
Ci
ty requires services to assist with general IT consulting based on the needs of the City.

Cont
ractor warrants it possesses the distinct skills, qualifications, experience, and resources necessary to timely perform the services described in this Agre ement.

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

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

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

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

3. Description of Services. Contractor shall provide services to assist with general IT consulting based on the needs of the City , as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor 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;
(d) O
btain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
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EXHIBIT A
159
(e) Com
ply with all laws in effect that are related to Contractor and the Services; (f) C
oordinate the Services with Steve Rodriguez, Assistant Administrative Director (“Project Manager”), or such other person designated as the Project Manager by City;
(g) B
e available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (h
) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep an
d maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

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

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

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EXHIBIT A
160

5. Compensation and Payment.

(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 750,000 ( "not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor ’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.

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

6. Term. The term of this Agreement commences on July 1, 2023, and terminates upon the completion of the Services or June 30, 2026, whichever occurs first.

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

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

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

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

DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
161

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. Consult ant 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.

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

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

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

EXHIBIT A
162
o
f the Services are paid by reimbursement from an agreement between City and a private party, Contractor represents that it has not performed any work for that private party during the 12-month period prior to the execution of this Agreement , and that it shall not negotiate, offer or accept any contract for services from that party during the term of this Agreement.

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

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

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

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

20. Construction of Language . 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.

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:

TO C
ITY: Attention: Steve Rodriguez, Assistant ASD
City of Livermore
1052 S Livermore Avenue
DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
163
Li
vermore, California 94550

TO CONTRACTOR: Attention: Neil Setchell
Old Brit Consulting
330 Selby Ln
Livermore, CA 94551

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

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EXHIBIT A
164
I
n concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONTRACTOR: Dated:

____________________________ ___________________________ By: Neil Setchell
Title: Principal

CITY OF LIVERMORE: Dated:

____________________________ ____________________________ Marianna Marysheva
City Manager

APPROVED AS TO FORM:

___________________________
Assistant/City Attorney

APPROVED AS TO INSURANCE:

_______________________
Risk Manager/Analyst

Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements

DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41 6/6/2023 | 11:30 AM PDT

EXHIBIT A
165
Proposal to
General IT Services
for
City of Livermore
1052 S. Livermore Ave.

Livermore, CA 94550
from
Neil Setchell, Principal
Old Brit Consulting
Livermore, CA 94551
(925) 989-4720
neil@oldbrit. com
DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
166
Table of Contents
Sum
mary ....................................................................................................................................................... 3 Abstract ......................................................................................................................................................... 3 Contractual.................................................................................................................................................... 3 DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
167
Proposal for
General IT Services
Summa
ry
• Type of S
ervice: General IT Services.
• Contract Start Date: July 1st, 2023.
• Contract End Date: June 30th, 2026.
• Cost: $750,000.

Abstract
The City o
f Livermore requires the services of an Information Technology consultant to assist with general IT consulting based on the needs of the city.

Duties are to include (but not limited to) providing professional services under the direction of the CIO/IT Manager.

Contractual
Locati
on of work and research documentation
Work shall be performed both onsite at the Livermore and at the Old Brit office. In order to reduce costs and the carbon footprint of the work, Old Brit Consulting will work at its office whenever practical.

Fee
Livermore shall provide a Purchase Order for services to be performed. Work shall be performed by Old Brit Consulting and invoiced at $225.00 per hour to be billed monthly, net due.

DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
168

EXHIBIT B
INS

URANCE 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:
$1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
169
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.

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.

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.

DocuSign Envelope ID: 194A2771-E4DC-4139-89FF-5FAE2E551B41

EXHIBIT A
170

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Anwan Baker, Library Director
SUBJECT:

Resolution authorizing a purchase order to Baker & Taylor Books for purchases of library books and related materials in Fiscal Year 2023-24, in an amount not-to-exceed $230,000.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to Baker & Taylor Books for Fiscal Year 2023-24 purchases of library books and related materials, not-to-exceed $230,000.

SUMMARY
Ordering books from Baker & Taylor Books saves significant staff time because their software closely interfaces with the Library’s Sierra Integrated Library Software (ILS). Through this interface, staff can place book orders electronically and download the catalog records that are needed to check out these books to library patrons. In addition, Baker & Taylor offers customized pre-processing of books, resulting in items being available for patrons to check out much sooner than they would be otherwise.

DISCUSSION
Baker & Taylor Books specializes in providing books for sale to libraries. This vendor has tailored its order process to make the library workflow as simple as possible. Since Livermore Public Library (Library) purchases thousands of books each year, the order and receiving process must be simple and fast. The Library’s Sierra Integrated Library Software (ILS) includes a feature called “One-Click Marc.” With “One-Click Marc,” the Library can order materials electronically through Baker & Taylor Books and seamlessly download the catalog records needed to check out these items to library patrons. This feature saves many hours of staff time throughout the year during the order and receiving process.

In addition, Baker & Taylor Books offers customized pre-processing. This means that the Library can pay for the most popular books to arrive shelf ready, complete with Livermore Public Library labels, call number labels, and barcodes. This saves significant staff time and results in items being available for patrons to check out much sooner than they would be otherwise. 171
Per the Livermore Municipal Code (LMC) 2.68.370 noncompetitive negotiations may be used to select a vendor “where it is determined that the supplies and equipment are unique or available only from one source” or “if there is no competitive advantage to be gained by soliciting bids.” While the Library purchases materials from a variety of vendors, it saves staff time and increases patron service to purchase from Baker & Taylor Books when they have the needed items. Furthermore, Baker & Taylor Books offers libraries a significant discount, 40% off list price for most items.

FISCAL AND ADMINISTRATIVE IMPACTS

Funds for the purchase of these books and related materials are included in the Fiscal Year 2023-24 budget.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
12: Promote literacy in all its forms to help residents fulfill their life goals and be more active community members

ATTACHMENTS

1. Resolution

Prepared by: Allen McFarland
Administrative Assistant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER TO BAKER & TAYLOR BOOKS FOR PURCHASES OF LIBRARY BOOKS AND RELATED MATERIALS FOR FISCAL YEAR 2023-24 IN AN AMOUNT NOT-TO-EXCEED $230,000
Ordering books from Baker & Taylor Books saves significant staff time because their software closely interfaces with the Library’s Sierra Integrated Library Software (ILS).

Through this interface, staff can place book orders electronically and download the catalog records that are needed to check out these books to library patrons. In addition, Baker & Taylor offers customized pre-processing of books, resulting in items being available for patrons to check out much sooner than they would be able to otherwise.

The Livermore Municipal Code (LMC) 2.68.370(B) states that noncompetitive negotiations may be used to select a vendor “where it is determined that the supplies and equipment are unique or available only from one source” or “if there is no competitive advantage to be gained by soliciting bids.”
While the Library purchases materials from a variety of vendors, it saves staff time and increases patron service to purchase from Baker & Taylor Books when they have the needed items. Furthermore, Baker & Taylor Books offers libraries a significant discount, at 40% off list price for most items.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that there is no competitive advantage to be gained by soliciting bids for these services and materials and authorizes the City Manager to approve a purchase order between the City of Livermore and Baker & Taylor Books for the purchase of books and related materials for circulation to the public in fiscal year 2023-24, in an amount not-to- exceed $230,000.

On motion of Council Member _____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on June 26, 2023, 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
173

CITY COUNCIL STAFF REPORT
ITEM NO. 5.11

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolutions
to summarily vacate a portion of an existing sewer easement located within the Livermore Hotel Corporation property adjacent to Chick-fil-A and accepting Parcel Map 10720 (Chick-fil-A) public improvements for permanent maintenance.

RECOMMENDED ACTION

Staff recommends the City Council adopt resolutions:
1 .

Summarily vacating a portion of an existing sewer easement located within the Livermore Hotel Corporation property adjacent to Chick-fil-A;
2 .

Authorize the City Manager to execute a quitclaim for the vacated portion of the sewer easement to the Livermore Hotel Corporation;
3 .

Accepting Parcel Map 10720 (Chick-fil-A 1754 N Livermore Road) public improvements for permanent maintenance;
4 .

Accepting the offers of dedication for a public utility easement and public trail easement that were previously rejected, but continuing to reject the offers for dedication for Parcel 2 (a creek corridor) and Parcel 3 (open space) while also continuing to retain the right to accept the dedications for these parcels at a future date; and
5 .

Authorizing release of the surety bonds for these public improvements.

SUMMARY
Staff proposes to vacate an existing sanitary sewer easement located within the Livermore Hotel Corporation property adjacent to Chick-fil-A as it can no longer be utilized for its intended purpose.

Therefore, the City can summarily vacate the sewer easement and authorize the execution of the quitclaim deed releasing the easement back to the Livermore Hotel Corporation, as depicted in Exhibit B to the resolution.

MPVCA Livermore LLC has fulfilled all of the obligations as described in the Conditions of Approval and the Subdivision Improvement Agreement for Parcel Map 10720 (Chick-fil-A) to the satisfaction of the City Engineer. The City may accept Parcel Map 10720 for permanent maintenance, accept the offers of dedication previously rejected, except for Parcel 2 (a creek corridor) and Parcel 3 (open space) 174
continuing to retain the right to accept the dedications for these parcels at a future date, and release the
surety bonds for these public improvements as specified in the Subdivision Improvement Agreement.

DISCUSSION
The Chick-fil-A project, Parcel Map 10720, located at 1754 N Livermore Avenue is comprised of Parcel 1, a commercial development for the Chick-fil-A restaurant, Parcel 2, a creek corridor, and Parcel 3, an open space area. The developer was originally slated to utilize a public sewer easement within the adjacent hotel property for their tie-in to the public sewer system, but the northern area of this easement cannot be utilized for its intended purpose due to an existing transformer which blocks construction of any future sewer infrastructure. The developer has established a private sewer easement in lieu of the public sewer easement as shown in Attachment 2 (Private Sewer Agreement). This private easement renders the existing public sewer easement redundant and it is therefore no longer needed to serve the public.

The release of portions of the sewer easement will unencumber the properties owned by Livermore Hotel Corporation.

Government Code Section 65402(a) requires that if a General Plan has been adopted, no real property or easements used for public purposes shall be acquired or disposed of until the location, purpose, and extent of such acquisition or disposition has been reported upon by the planning agency (e.g. Planning Commission) as to conformity with its adopted General Plan. This includes vacation of sewer easements needed for public purposes in whole or in part. On October 4, 2022, the Planning Commission adopted a resolution approving Consistency Determination 22-002 (CD 22-002), finding the City’s vacation of a portion of existing sewer easement is consistent with Livermore’s 2003-2025 General Plan.

The Chick-fil-A Final Parcel Map 10720 was approved by the City Council on July 12, 2021, with a Subdivision Improvement Agreement and security for public improvements. At that meeting, the City Council rejected Parcel 2 and Parcel 3, the Public Utility Easement and Public Trail Easement. The City Council retained the right to accept the offers of dedication at a later date when the improvements were complete.

Public improvements included a new Class I trail along the south side of the project site, and northbound left-turn lane and improvements at the North Livermore Avenue/Arroyo Plaza intersection. The applicant has dedicated 21.5 acres of open space to the City on the Parcel Map as Parcels 2 and 3 which staff recommends the Council reject at this time, reserving the right to accept the offers at a future date when Zone 7 accepts the open space dedications and maintenance responsibilities. In addition, the applicant has contributed $225,000 towards off-site T-6 trail improvements east of North Livermore Avenue along the Arroyo Las Positas, per the terms of their Development Agreement.

The City can accept the public improvements for permanent maintenance, accept the offers of dedication that were previously rejected, except for Parcel 2 (a creek corridor) and Parcel 3 (open space) continuing to retain the right to accept the dedications for these parcels at a future date, and release the surety bonds for these public improvements as specified in the Subdivision Improvement Agreement for Parcel Map 10720.

FISCAL AND ADMINISTRATIVE IMPACTS

The estimated annual maintenance cost for the public infrastructure, including northbound left-turn lane improvements, frontage improvements, additional median landscaping and trees, sidewalk, accessible 175
ramps, curb and gutter, traffic signals and storm drain lines is $3,400. The General Fund, which is derived from increased property taxes generated from the new development, funds these costs.

COMMUNITY PILLAR
2: Economy that Prospers

GOAL
5: Facilitate the development of commercial and industrial projects that provide high-quality local jobs and support a diverse local economy.

ATTACHMENTS

1. Vicinity Map

2. Private Sewer Vacation Agreement

3. Resolution - Sewer Vacation

4. Exhibit A - Sewer Easement Plat & Legal Description

5. Exhibit B - Quitclaim Deed, Livermore Hotel Corporation

6. Resolution - Parcel Map 10720 Acceptance

Prepared by: Farnoush Levers
Senior Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
176

DEVELOPING INNOVATIVE DESIGN SOLUTIONS
4670 WILLOW ROAD. STE 125 TEL 925.847.1556
FAX 925.847.1557PLEASANTON, CA 94588

VICINITY MAP

NOT TO SCALE
NORTH

PROJECT SITE

FLORA COMMON

CENTRAL AVENUE

NORTHFRONT ROAD

N VASCO ROAD

NORTHFRONT ROAD

WISTERIA WAY

AUGUSTA WAY

PRESTON AVENUE
580

BOBBY DRIVE

CHICK-FIL-A
ATTACHMENT 1
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Space Above This Line for Recorder’s
Use Only

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION SUMMARILY VACATING A PORTION OF SEWER EASEMENT

AND AUTHORIZING EXECUTION OF QUIT CLAIM DEEDS
The public sewer easement slated for the future development on the Chick Fil-A property cannot be utilized for its intended purpose due to an existing transformer which blocks construction of any future sewer infrastructure. The developer has established a private sewer easement in lieu of the public sewer easement. This private easement renders the existing sewer easement redundant and is therefore no longer needed to serve the public. Vacating portions of the sewer easement will unencumber the properties owned by Livermore Hotel Corporation.

California Streets and Highways Code Section 8333(a) allows the legislative body of a local agency to summarily vacate a public service easement that has not been used for the purpose for which it was dedicated or acquired to for five consecutive years immediately preceding the proposed vacation.

Staff recommended and the Planning Commission made a General Plan consistency finding on October 4, 2022 (CD22-002), affirming that vacation of portions of the easement would be consistent with the General Plan Circulation Element.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that to the extent the quitclaim of the easement to be vacated constitutes a project pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt from CEQA pursuant to 14 California Code of Regulations, section 15061 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the area to be vacated is being substituted for in a manner that adequately maintains the function of the easement and consistency with City Standards.

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

CITY CLERK

CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550

EXEMPT FROM FILING FEES
PURSUANT TO GOV.

CODE § 27383
194
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that:

1. The City Council vacates a portion of the Sewer Easement, as shown and described in Exhibit A, attached hereto, and as described below as the “10’ Sanitary Sewer Easement to be Quitclaimed.”
A portion of the Sewer Easement is no longer needed at its current location because the developer has obtained a private sewer easement in lieu of the public easement which has been rendered unusable by the installation of a transformer. (Streets and Highways Code section 8333(a)).

2. The City Clerk is directed to file a certified copy of this resolution of vacation with associated legal description with the Alameda County Recorder’s Office.

3. From and after the date this resolution is recorded, the identified portion of the Sewer Easement is vacated and no longer constitutes a Sewer Easement.

4. The City Manager is authorized to execute, on behalf of the City of Livermore, the Quitclaim Deed, attached hereto as Exhibit B, all remaining Sewer Easement rights reserved with the Sewer Easement.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on June 26, 2023, 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
Deputy City Manager/City Clerk City Attorney
Exhibit A – Sewer Easement Plat & Legal Description
Exhibit B – Quitclaim Deed, Livermore Hotel Corporation 195

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RECORDING REQUESTED BY:

AND
WHEN RECORDED MAIL TO:

City Clerk
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550
ABOVE THIS LINE FOR RECORDER’S USE
___________________________________________________ _________________________________________________ MAIL TAX STATEMENTS TO: The Undersigned grantor(s) declare(s):

CITY TRANSFER TAX $0.00
DOCUMENTARY TRANSFER TAX $ Release of easement
SURVEY MONUMENT FEE $0.00
R&T Code 11911 Value or consideration is less than $100 SAME AS ABOVE Computed on the consideration or value or property conveyed; OR computed on the consideration or value less liens or encumbrances remaining at time of sale. _____________________________________________________________________________________________________________________________ APN’s Exempt from filing fees per Government Code Section §§ 27383 & 6103 099-0100-052 (portion)

QUITCLAIM DEED

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

CITY OF LIVERMORE, a Municipal Corporation, “Grantor,”

hereby remises, releases and quitclaims to Livermore Hotel Corporation, a California Limited Liability Company, (“Grantee”) all right, title, and interest in and to those certain portions of a non-exclusive storm drain easement located in the City of Livermore (City), County of Alameda, State of California on the real property held by Livermore Hotel Corporation and more particularly identified in Exhibit A (Legal Description). The location of the Quitclaimed Easement and the configuration of the Servient Tenement are shown on Exhibit C.

This Quitclaim Deed is executed, delivered and accepted for the purpose of terminating the Quitclaimed Easement.

By recording this Quitclaim Deed, Grantee agrees to release and indemnify the Grantor from any and all liability associated with or arising out of the past, current, or future use of the Quitclaimed Easement, except to the extent caused by the sole negligence or willful misconduct of the City, its agents, or its employees.

SEE EXHIBITS “A” and “C” ATTACHED HERETO AND MADE A PART HEREOF

GRANTOR:

City of Livermore, a municipal corporation

__________________________________ Date:__________________ Signature:

By: Marianna Marysheva
Its: City Manager

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State of )
County of )

On before me,
, Notary Public (here insert name and title of the officer), personally appeared
who proved to me on the basis of satisfactory evide nce to be the person(s) whose name(s) is/are subscr ibed to the within instrument and acknowledged to me that h e/she/they executed the same in his/her/their autho rized capacity(ies), and that by his/her/their signature( s) on the instrument the person(s), or the entity u pon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this ce rtificate verifies only the identity of the individual who si gned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ACCEPTING PARCEL MAP 10720 PUBLIC IMPROVEMENTS FOR

PERMANENT MAINTENANCE AND RELEASE OF SECURITY
(MPVCA Livermore LLC (“Meridian”) Chick Fil-A Parcel Map 10720) On July 12, 2021, the City Council approved Parcel Map 10720 and executed a Subdivision Improvement Agreement recorded under series no. 2021329757, dated October 01, 2021, Official Records of Alameda County, California (“Agreement”).

MPVCA Livermore LLC (“Meridian”) has fulfilled all obligations as described in the Conditions of Approval, the Subdivision Improvement Agreement for Parcel Map 10720 to the satisfaction of the City Engineer. The City Engineer of the City of Livermore has filed with the City Clerk his report in writing that all work on Parcel Map 10720 has been completed to City standards.

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

1. The City Council hereby accepts all public improvements required to have been constructed pursuant to the Subdivision Improvement Agreement for Parcel Map 10720, recorded under series no. 2021329757, dated October 01, 2021, Official Records of Alameda County, California, for Parcel Map 10720 approved by the City Council on July 12, 2021.

2. The faithful performance bond guaranteeing the Subdivision Improvement Agreement is hereby released.

3. The labor and materials bond guaranteeing the Subdivision Improvement Agreement shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given.

4. The security for the guarantee and warranty of the work under the Subdivision Improvement Agreement shall remain in effect for one year from the date of this resolution. The contractor/developer is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period.

5. Pursuant to Government Code sections 7050 and 66477.2, the City of Livermore hereby rescinds its earlier action taken on July 12, 2021, and accepts the offer of dedication of the Public Utility Easement and Public Trail Easement, rejecting at this time Parcel 2 (a creek corridor) and Parcel 3 (an open space) on Final Parcel Map 10720 (reserving the right to accept the offers at a future date subject to Government Code sections 66477.2 and 7050).
202
RESOLUTION NO. _________
The City Clerk is directed to record this resolution in the office of the Alameda County Recorder.

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on June 26, 2023, 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
203

CITY COUNCIL STAFF REPORT
ITEM NO. 5.12

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Resolution approving the update to the City of Livermore Standard Details, which are used to construct improvements to the City's infrastructure, dated May 23, 2023, and delegating discretionary authority to the City Engineer to approve future revisions to the City Standard Details and Specifications, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Approving the update to the City of Livermore Standard Details dated May 23, 2023 ;
2 .

Delegating discretionary authority to the City Engineer to approve future revisions to the City’s Standard Details and Specifications, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600, preserving the City’s design immunities. 3 .

Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

SUMMARY
The City of Livermore's Standard Details are used by engineers, developers, contractors, and the general public to construct improvements to the City's infrastructure. The proposed modifications to the City Standard Details reflect recommendations from various City staff and incorporate the latest updates in Public Works standards. These revisions will help ensure the highest quality in public and private improvements throughout the City. In order to preserve the affirmative defense of design immunity, the City Council should also delegate discretionary authority to the City Engineer to approve future revisions to the City Standard Details and Specifications, in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600.

DISCUSSION
A committee consisting of staff from the Community Development and Public Works Departments was recently formed to update the City's Standard Details, previously adopted on May 9, 2005. The committee solicited input from various divisions, incorporated recent changes in construction practice 204
and specification formatting, and compiled the results as shown in the Exhibit A to the 2023 City
Standard Details (only updated details have been included). A copy of the updated and complete Standard Details are on file in the office of the City Engineer.

These revisions to the standard details will assist engineers, developers, contractors, and the general public in better understanding the city's requirements for public works construction thereby improving the quality of public works construction through clear and concise standards.

Updates include:

Eliminating the telephone communication modems for the centralized irrigation controllers and using only cell communication and satellite assembly-controlled irrigation controllers for the centralized irrigation systems.

Improvements to the crosswalk/stop bar legend, speed lumps, speed table crosswalk and bike lane striping details.

Pavement overlay wedge grinding extended in front of new curb ramp and curb and gutter reconstruction.

New street name sign for the downtown core.

Revised utility frame and cover adjustment for arterials and collectors.

Adding new details for storm water drop inlet prefabricated inlet top type III 12” to 36” dia. pipes.

Adding a new detail for the pressure reducing valve vault hatch.

Remove meter transceiver unit and use radio touch read sensor for water service connection.

FISCAL AND ADMINISTRATIVE IMPACTS

Staff does not anticipate any fiscal and administrative impacts.

COMMUNITY PILLAR
5: A City that Works

GOAL
14: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Updated City of Livermore Standard Details 2023

Prepared by: Farnoush Levers
Senior Civil Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE UPDATE TO THE CITY OF LIVERMORE STANDARD DETAILS DATED MAY 23, 2023, DELEGATING DISCRETIONARY

AUTHORITY TO THE CITY ENGINEER TO APPROVE FUTURE REVISIONS TO THE

CITY STANDARD DETAILS AND SPECIFICATIONS, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 830.6 AND LIVERMORE MUNICIPAL CODE SECTION 2.68.600 AND PRESERVING THE CITY OF LIVERMORE’S DESIGN

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

1. Approves the May 23, 2023, update to the City of Livermore Standard Details, attached hereto as Exhibit A (only updated details have been included), and incorporated by this reference. A copy of the updated and complete Standard Details are on file in the office of the City Engineer.

2. Authorizes the City Engineer to approve future revisions to the City of Livermore’s Standard Details and Specifications in accordance with Government Code section 830.6 and with the Livermore Municipal Code section 2.68.600, preserving the City’s design immunities.

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

On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on June 26, 2023, 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 – Updated City of Livermore Standard Details
206

CITY OF
ST
ANDARD

DETAILS
Published May 23, 2023

EXHIBIT A

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207
CITY
OF

LIVERMORE
S

TANDARD DETAILS
TA

BLE OF CONTENTS
D
ETAIL
NO. TITLE
G

ENERAL - G
G
-1 TRENCH SECTION; SOIL BORING AND SMALL EXCAVATION IN THE STREET

SECTION
G-2 REQUIRED SEPARATION BETWEEN WATER, SEWER, AND RECLAIMED

WATER PIPELINES
G-3 STANDARD SYMBOLS
G-4 SCHEDULE OF ACCEPTABLE PIPE MATERIALS
G-5 CONCRETE CLASS USE TABLE
G-6 ABBREVIATIONS
L

ANDSCAPE AND IRRIGATION - L
L
-1 MEDIAN PAVING
L-2 MEDIAN PLANTING
L-3 STREET TREE PLANTING
L-4 SHRUB PLANTING
L-5 GROUNDCOVER SPACING
L-6 ROTOR OR SPRAY HEAD
L-7 TREE BUBBLER
L-8 DRIP EMITTER
L-9 REMOTE CONTROL VALVE; MASTER CONTROL VALVE
L-10 BALL VALVE
L-11 QUICK COUPLING VALVE
L-12 CONTROLLER; FLOW SENSOR; HIGH-GAIN ANTENNA
L-13 IRRIGATION MAIN THRUST BLOCK
L-14 IRRIGATION TRENCHING
L-15 CONCRETE DIVIDER
L-16 LANDSCAPE EDGING
L-17 ILLUSTRATIVE BACKING LOT TREATMENT, TREE & SHRUB PRUNING

GUIDELINES
L-18 TREE PLANTING GUIDE
L-19 SHRUB PLANTING GUIDE
L-20 TREE GROUNDCOVER PLANTING GUIDE
L-21 BIO-RETENTION SWALES AND PLANTERS
L-22 GENERAL LANDSCAPE DESIGN GUIDELINES

EXHIBIT A

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SANITARY SEWER AND STORM DRAIN - S

S-1A MAINTENANCE HOLE FRAME AND COVER ADJUSTMENT
S-1B UTILITY FRAME AND COVER ADJUSTMENT
S-2 TYPE I MAINTENANCE HOLE, 8" TO 33" DIAMETER PIPES
S-3 TYPE II MAINTENANCE HOLE, 36" TO 60" DIAMETER PIPES S-4 UNIMPROVED AREA UTILITY CONSTRUCTION
S-5 SANITARY SEWER LATERAL
S-6 SANITARY SEWER CROSSING REPLACEMENT
S-7 STORM WATER CURB INLET, TYPE I, 12" TO 30" DIAMETER PIPES S-8 STORM WATER CURB INLET, TYPE II, 33" TO 60" DIAMETER PIPES S-9 STORM WATER FIELD DROP INLET, UNIMPROVED/LANDSCAPE AREAS;

AND FUTURE STREET AREA
S-10 STORM DRAIN LATERAL CONNECTION TO EXISTING REINFORCED

CONCRETE PIPE STORM DRAIN MAIN
S-11 SEWAGE SAMPLING STATION
S-12 STORM WATER DROP INLET

STREETS - ST

ST-1 CUL-DE-SAC, CURB RETURNS, AND ELBOWS;

HAMMERHEADS AND TEMPORARY TURNAROUND
ST-2 STREET WIDTHS; PARTIAL STREET SECTION
ST-3 MONOLITHIC SIDEWALK (RESIDENTIAL/INDUSTRIAL)
ST-4 SEPARATED SIDEWALK AND DRIVEWAY (RESIDENTIAL)
ST-5 SIDEWALK (COMMERCIAL/INDUSTRIAL)
ST-6 DRIVEWAY (STREET-LEVEL)
ST-7 DRIVEWAY (RESIDENTIAL)
ST-8 DRIVEWAY (COMMERCIAL/INDUSTRIAL)
ST-9 CURB & GUTTER, MEDIAN CURB
ST-10 TEXTURED CONCRETE PAVING
ST-11 STREET SECTION
ST-12 UTILITY LOCATIONS
ST-13 MONUMENT
ST-14 STANDARD STREET LIGHT; DECORATIVE STREET LIGHT
ST-15 BUS TURNOUT
ST-16 VALLEY GUTTER
ST-17 ROADSIDE SIGN/POST INSTALLATION
ST-18 STREET NAME SIGN AND W14-2a SPECIAL SIGN
ST-19 NUMBER NOT USED
ST-20 PRIVATE PROPERTY/CITY OFF-STREET SIGNS
ST-21 BARRICADES
ST-22 MEDIAN CONSTRUCTION
ST-23 REMOVABLE BOLLARD
ST-24 MAIL B OX INSTALLATION
ST-25 PAVEMENT WIDENING, CONNECTIONS; OVERLAY
ST-26 CROSSWALK/STOP BAR INSTALLATION
ST-27 BIKE LANES
ST-28 SIDEWALK DRAIN (RESTORATION OF EXISTING FACILITIES) ST-29 CHAIN LINK FENCE
ST-30 PEDESTRIAN WALKWAY
ST-31 SIDEWALK REPAIR
ST-32 SIDEWALK GRINDING REPAIR
ST-33 SIDEWALK REPAIR CRITERION
ST-34 SPEED LUMPS
ST-35 SPEED TABLE CROSSWALK

EXHIBIT A

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WATER - W

W-1 FIRE HYDRANT AND LATERAL; FIRE HYDRANT MARKER
W-2 WATER SERVICE CONNECTION, 1", 1-1/2", AND 2"
W-3 THRUST/ANCHOR BLOCK
W-4 AIR RELEASE/BLOW-OFF
W-5 DEAD END BLOW-OFF; IN-LINE BLOW-OFF; LOW POINT BLOW-OFF (FOR PIPES LARGER THAN 12")
W-6 AIR RELEASE VALVE
W-7 WATER MAIN TEMPORARY JUMPER CONNECTIONS
W-8 TAPPING SLEEVE AND VALVE, 4" SERVICE AND LARGER (ACP, PVC & DIP) W-9 TAPPING OUTLET AND VALVE, 4" SERVICE AND LARGER (MLCSP) W-10 INDUSTRIAL/COMMERCIAL FIRE SERVICE, CLASS 1 AND 2, 2" AND LARGER; INDUSTRIAL/COMMERCIAL FIRE SERVICE, CLASS 3, 4, 5, AND 6

INDUSTRIAL/COMMERICAL FIRE SERVICE, NOTES
RESIDENTIAL/MULTI-FAMILY FIRE SERVICE, 1 ½” SERVICE – 6” SERVICE MULTI-FAMILY BUILDING CAMPUS WITH FIRE SERVICE OPTION 1 MULTI-FAMILY BUILDING FIRE SERVICE OPTION 2A
MULTI-FAMILY BUILDING FIRE SERVICE OPTION 2B
MULTI-FAMILY BUILDING FIRE SERVICE OPTION 3
RESIDENTIAL/MULTI-FAMILY FIRE SERVICE OPTION 4

RESIDENTIAL/MULTI-FAMILY FIRE SERVICE NOTES
W-11 T URBINE METER, 3" AND LARGER
W-12 FIRE HYDRANT GUARD POST
W-13 INSULATING FLANGE
W-14 WATER LINE OFFSET
W-15 BURIED VALVE
W-16 COMMERCIAL/INDUSTRIAL JOINT DOMESTIC/FIRE SERVICE

RESIDENTIAL/MULTI-FAMILY JOINT DOMESTIC/FIRE SERVICE
W-17 MANIFOLD WATER METER INSTALLATION
W-18 PRESSURE REDUCING STATION
W-19 (NUMBER NOT USED, FUTURE ANODE DETAIL)
W-20 (NUMBER NOT USED, FUTURE ELECTROLYSIS TESTING STATION DETAIL) W-21 (NUMBER NOT USED, FUTURE CADWELD DETAIL)
W-22 REDUCED PRESSURE BACKFLOW PREVENTER
W-23 BONDING JUMPER
W-24 WATER TANK HOOK-UP
W-25 WATER QUALITY SAMPLING STATION
W-26 WATER LINE ANGLE MARKER
W-27 STEEL CASINGS FOR MAINS

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Important Character Cultural Preference Tolerances Growth Info Planting Info

Plant Name and
Description
Deciduous
Evergreen
Flowers, Color
Flowering Period
Fruit
Fruiting Period
Fall Color
Sun
Part Shade
Good Drainage
Irrigation
No water after 2nd year
Alkaline Soils
Boron Tolerant
Sprinklers
Wind
Heat
Poorly Drained Soils
Well Drained/Clay-Loam
Well Drained/Sandy
Turf Areas
Small Planters
Re-claimed Water
Growth Rate
Height in 10 Yrs/ Maturity
Spread in 10 Yrs/Maturity
Minimum Planter Size
Sidewalk Damage Potential
Pruning Frequency
Comments

LEGEND
AC = Avoid Clay Soils
BL = Blue
BR = Brown
E = Experimental
F = Fast
FA = Fall
FB = Fireblight
FR = Frost Sensitive
H = High
L = Low
M = Moderate
MR=Mildew Resistant
MT= Multi Trunk
O = Orange
P = Purple
Pi = Pink
R = Red
S = Summer
SH= Short Lived
SL =Slow
SP = Spring
U = Unknown
V = Various
VH= Very High
W = White
WI= Winter
Y = Yellow

No.

L-18F

TREE PLANTING GUIDE

CITY OF LIVERMORE

STANDARD DETAIL

Dwn: : KY Date: March-2020 Ckd: Spec Committee Scale: None

___________________________
City Engineer

Koelreuteria paniculata
Goldenrain Tree
X Y S X WI Y X X X X X X X X X X M 15
30 15
30 3 L 3
5 Lagerstroemia indica
Crape Myrtle Hybrids
X V V X X X X X X X X X SL 15
30 10
20 3 L 3
5 MR
Laurus
“X” Saratoga Laurel
X X X X X X X X X X X X X F 15
25 10
20 3 L 5 AC
Liquidambar cultivars
Sweet Gum
X V X X X X X X M 20
50 10
25 10 VH 5
10 Malus cultivars
Crabapples
X V X FA V X X X X X X M 10
20 10
20 2 VL 2
6 Maytenus boaria
Mayten Tree
X X X X X X X X X X M 15
25 10
15 5 M 6 AC
Melaleuca linariifolia
Flaxleaf Paperback
X W S X X X X X X S 10
20 10
20 3 L 2
5 E
FR
Melaleuca quinquenervia
Cajeput Tree

X W SP X X X X X X X X X X M
F
20 40
12 20
5 M 3 FR

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Important Character Cultural Preference Tolerances Growth Info Planting Info

No.

L-18I

TREE PLANTING GUIDE

CITY OF LIVERMORE

STANDARD DETAIL

Dwn: : KY Date: March-2020 Ckd: Spec Committee Scale: None

___________________________
City Engineer
Prunus caroliniana
Carolina Laurel Cherry
X X X X X X X X M 15
25 10
15 4 L 2
5 E
Prunus sargentii
Flowering Cherry

X V V X X X X X X X X X X S
M
15 20
15 20
3 L 2
5 AC
Pyrus calleryana
Chanticleer Pear

X W SP Y
R
X X X X X X X X X M 25
50 15
35 5 M 3
5 Pyrus calleryana
“Red Spire” Pear

X W SP R
Y
X X X X X X X X X M 25
50 20
35 5 M 3
5 FB
Pyrus kawakamii
Evergreen Pear

X X W SP
WI
X X X X X X X X X M 25
40 25
40 5 M 3
5 FB
Pyrus ussuriensis
Prairie Gem Pear
X W X S R X X X X X F 15
25 15
25 3 L 3
6 E
Quercus agrifolia
Coast Live Oak
X X X X X X X X X X X M 15
40 10
50 5 M 5
Quercus bicolor
Swamp White Oak

X BR X X X X X X X X M
F
20 45
10 25
4 L 10 AC
Quercus Berberidifolia
Scrub Oak

X SP X S
FA
X X X X 10
15 10
15 5 M

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CITY
OF

LIVERMORE

STANDARD DETAILS

TABLE OF CONTENTS

STREETS - ST

DETAIL
NO. TITLE

ST-1 CUL-DE-SAC, CURB RETURNS, AND ELBOWS;

HAMMERHEADS AND TEMPORARY TURNAROUND
ST-2 STREET WIDTHS; PARTIAL STREET SECTION
ST-3 MONOLITHIC SIDEWALK (RESIDENTIAL/INDUSTRIAL)
ST-4 SEPARATED SIDEWALK AND DRIVEWAY (RESIDENTIAL)
ST-5 SIDEWALK (COMMERCIAL/INDUSTRIAL)
ST-6 DRIVEWAY (STREET-LEVEL)
ST-7 DRIVEWAY (RESIDENTIAL)
ST-8 DRIVEWAY (COMMERCIAL/INDUSTRIAL)
ST-9 CURB & GUTTER, MEDIAN CURB
ST-10 TEXTURED CONCRETE PAVING
ST-11 STREET SECTION
ST-12 UTILITY LOCATIONS
ST-13 MONUMENT
ST-14 STANDARD STREET LIGHT; DECORATIVE STREET LIGHT
ST-15 BUS TURNOUT
ST-16 VALLEY GUTTER
ST-17 ROADSIDE SIGN/POST INSTALLATION
ST-18 STREET NAME SIGN AND W14-2a SPECIAL SIGN
ST-19 NUMBER NOT USED
ST-20 PRIVATE PROPERTY/CITY OFF-STREET SIGNS
ST-21 BARRICADES
ST-22 MEDIAN CONSTRUCTION
ST-23 REMOVABLE BOLLARD
ST-24 MAIL BOX INSTALLATION
ST-25 PAVEMENT WIDENING, CONNECTIONS; OVERLAY
ST-26 CROSSWALK/STOP BAR INSTALLATION
ST-27 BIKE LANES
ST-28 SIDEWALK DRAIN (RESTORATION OF EXISTING FACILITIES) ST-29 CHAIN LINK FENCE
ST-30 PEDESTRIAN WALKWAY
ST-31 SIDEWALK REPAIR
ST-32 SIDEWALK GRINDING REPAIR
ST-33 SIDEWALK REPAIR CRITERION
ST-34 SPEED LUMPS
ST-35 SPEED TABLE CROSSWALK

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.13

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving modifications to the City of Livermore Salary Plan to reflect previously approved labor agreements in accordance with California Code of Regulations, Title 2, Section 570.5.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving modifications to the City of Livermore Salary Plan to reflect previously approved labor agreements.

SUMMARY
Staff recommends the following changes to the Salary Plan:

1 .

Incorporate a 3.0% wage related adjustment associated with the approved Livermore Management Group Memorandum of Understanding (MOU) effective July 3, 2023; 2 .

Incorporate a 3.0% wage related adjustment to the Management Confidential and Confidential classifications effective July 3, 2023;
3 .

Incorporate a 3.0% wage related adjustment associated with the approved Livermore Police Management Association MOU effective July 3, 2023;
4 .

Incorporate a 3.0% wage related adjustment to the Police Chief effective July 3, 2023.

DISCUSSION
Based on previously approved MOU's, Staff is recommending the following changes to the Salary Plan:

1. The Livermore Management Group MOU, approved by the City Council on June 28, 2021, provides for a base salary increase of 3.0% effective July 3, 2023.

2. Management Confidential and Confidential classifications are unrepresented and mirror the Livermore Management Group in salary increases. The salary schedules for these two groups are increased by

3.0% effective July 3, 2023.

268

3. The Livermore Police Management Association MOU, approved by the City Council on June 14, 2021, provides for a base salary increase of 3.0% effective July 3, 2023.

4. An increase of 3.0% will be applied to the Police Chief in order to reduce compaction issues with Police Management effective July 3, 2023.

FISCAL AND ADMINISTRATIVE IMPACTS

The fiscal impact of these wage increases was included in the 2023-24 Financial Plan approved by the City Council.

COMMUNITY PILLAR
5: A City that Works

GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization

ATTACHMENTS

1. Resolution

2. Exhibit A - Salary Plan dated July 2023.pdf

Prepared by: Kaylin Larson
HR Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING THE CITY OF LIVERMORE SALARY
PLAN DATED JULY 2023, IN ACCORDANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan, attached hereto as Exhibit A, is intended to make the following amendments:
 Livermore Management Group Memorandum of Understanding increase of 3.0% effective July 3, 2023;
 Management Confidential and Confidential salary increase of 3.0% effective July 3, 2023.
 Livermore Police Management Association Memorandum of Understanding increase of 3.0% effective July 3, 2023;
 Police Chief salary increase of 3.0% effective July 3, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the amended Salary Plan, attached hereto as Exhibit A, is hereby approved effective July 2023, in accordance with California Code of Regulations, Title 2, Section 570.5.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 26, 2023, 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
Deputy City Manager/City Clerk City Attorney
Exhibit A – Salary Plan dated July 2023
270
Salary
Plan
July 2023

EXHIBIT A
271
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 221 01 ACCOUNT CLERK 64,431.69 67,587.79 70,891.90 74,361.23 78,004.03 Sch=M22 5,369.31 5,632.32 5,907.66 6,196.77 6,500.34
1,239.07 1,299.77 1,363.31 1,430.02 1,500.08

30.97677 32.49413 34.08264 35.75059 37.50194
225 02 ACCOUNT CLERK, JUNIOR 58,340.20 61,181.95 64,165.78 67,298.80 70,588.46 Sch=M22 4,861.68 5,098.50 5,347.15 5,608.23 5,882.37
1,121.93 1,176.58 1,233.96 1,294.21 1,357.47

28.04817 29.41440 30.84893 32.35519 33.93676
222 03 ACCOUNT CLERK, SENIOR 70,146.83 73,578.90 77,182.57 80,966.43 84,939.48 Sch=M22 5,845.57 6,131.58 6,431.88 6,747.20 7,078.29
1,348.98 1,414.98 1,484.28 1,557.05 1,633.45

33.72444 35.37447 37.10700 38.92617 40.83629
223 05 ACCOUNTANT, JUNIOR 83,917.12 88,075.24 92,441.28 97,025.61 101,839.17 Sch=M22 6,993.09 7,339.60 7,703.44 8,085.47 8,486.60
1,613.79 1,693.75 1,777.72 1,865.88 1,958.45

40.34477 42.34387 44.44292 46.64693 48.96114
224 04 ACCOUNTING TECHNICIAN 74,530.90 78,182.19 82,016.02 86,041.55 90,268.37 Sch=M22 6,210.91 6,515.18 6,834.67 7,170.13 7,522.36
1,433.29 1,503.50 1,577.23 1,654.65 1,735.93

35.83216 37.58759 39.43078 41.36613 43.39825
213 14 ADMINISTRATIVE 78,111.89 81,942.22 85,964.06 90,187.00 94,621.08 Sch=M22 ASSISTANT 6,509.32 6,828.52 7,163.67 7,515.58 7,885.09 1,502.15 1,575.81 1,653.16 1,734.37 1,819.64

37.55379 39.39530 41.32888 43.35913 45.49090
211 50 ADMINISTRATIVE CLERK I** 58,340.24 61,181.99 64,165.82 67,298.84 70,588.51 Sch=M22 4,861.69 5,098.50 5,347.15 5,608.24 5,882.38
1,121.93 1,176.58 1,233.96 1,294.21 1,357.47

28.04819 29.41442 30.84895 32.35521 33.93678
214 49 ADMINISTRATIVE CLERK II** 62,583.31 65,637.20 68,843.79 72,210.72 75,745.98 Sch=M22 5,215.28 5,469.77 5,736.98 6,017.56 6,312.17
1,203.53 1,262.25 1,323.92 1,388.67 1,456.65

30.08813 31.55635 33.09798 34.71669 36.41634
206 06 ADMINISTRATIVE 78,111.89 81,942.22 85,964.06 90,187.00 94,621.08 Sch=M22 TECHNICIAN 6,509.32 6,828.52 7,163.67 7,515.58 7,885.09 1,502.15 1,575.81 1,653.16 1,734.37 1,819.64

37.55379 39.39530 41.32888 43.35913 45.49090
471 01 AIRPORT SERVICE 68,255.30 71,592.81 75,097.18 78,776.77 82,640.34 Sch=PS1 ATTENDANT 5,687.94 5,966.07 6,258.10 6,564.73 6,886.70 1,312.60 1,376.78 1,444.18 1,514.94 1,589.24

32.81505 34.41962 36.10441 37.87345 39.73093
473 02 AIRPORT SERVICE 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 ATTENDANT SENIOR 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32 1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022

EXHIBIT A
272
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
290 07 ANIMAL CONTROL 77,492.10 81,291.44 85,280.74 89,469.50 93,867.70 Sch=M22 OFFICER 6,457.68 6,774.29 7,106.73 7,455.79 7,822.31 1,490.23 1,563.30 1,640.01 1,720.57 1,805.15

37.25582 39.08242 41.00036 43.01418 45.12870
465 66 ASSET MANAGEMENT 104,624.76 109,780.74 115,194.51 120,878.97 126,847.64 Sch=M22 SPECIALIST 8,718.73 9,148.40 9,599.54 10,073.25 10,570.64 2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30037 52.77920 55.38198 58.11489 60.98444
281 08 BUILDING INSPECTOR I 91,922.97 96,443.85 101,190.77 106,175.04 111,408.53 Sch=M22 7,660.25 8,036.99 8,432.56 8,847.92 9,284.04
1,767.75 1,854.69 1,945.98 2,041.83 2,142.47

44.19374 46.36724 48.64941 51.04569 53.56179
282 09 BUILDING INSPECTOR II 98,829.37 103,695.57 108,805.08 114,170.07 119,803.30 Sch=M22 8,235.78 8,641.30 9,067.09 9,514.17 9,983.61
1,900.56 1,994.15 2,092.41 2,195.58 2,303.91

47.51412 49.85364 52.31013 54.88946 57.59774
277 56 BUILDING INSPECTOR III 101,742.42 106,754.27 112,016.71 117,542.27 123,344.12 Sch=M22 8,478.54 8,896.19 9,334.73 9,795.19 10,278.68
1,956.59 2,052.97 2,154.17 2,260.43 2,372.00

48.91463 51.32417 53.85419 56.51071 59.30006
288 10 BUILDING INSPECTOR, 106,754.27 112,016.71 117,542.27 123,344.12 129,436.06 Sch=M22 SENIOR 8,896.19 9,334.73 9,795.19 10,278.68 10,786.34 2,052.97 2,154.17 2,260.43 2,372.00 2,489.16

51.32417 53.85419 56.51071 59.30006 62.22888
249 11 CIVIL ENGINEER, 109,758.92 115,171.60 120,854.90 126,822.38 133,088.24 Sch=M22 ASSISTANT 9,146.58 9,597.63 10,071.24 10,568.53 11,090.69 2,110.75 2,214.84 2,324.13 2,438.89 2,559.39

52.76871 55.37096 58.10332 60.97230 63.98473
254 12 CIVIL ENGINEER, 118,917.90 124,788.54 130,952.70 137,425.07 144,221.06 Sch=M22 ASSOCIATE 9,909.83 10,399.05 10,912.73 11,452.09 12,018.42 2,286.88 2,399.78 2,518.32 2,642.79 2,773.48

57.17207 59.99449 62.95803 66.06975 69.33705
247 13 CIVIL ENGINEER, JUNIOR 96,460.59 101,208.34 106,193.49 111,427.90 116,924.03 Sch=M22 8,038.38 8,434.03 8,849.46 9,285.66 9,743.67
1,855.01 1,946.31 2,042.18 2,142.84 2,248.54

46.37528 48.65786 51.05456 53.57111 56.21348
292 17 COMMUNITY 68,338.90 71,680.57 75,189.35 78,873.54 82,741.96 Sch=M22 SERVICE SPECIALIST 5,694.91 5,973.38 6,265.78 6,572.80 6,895.16 1,314.21 1,378.47 1,445.95 1,516.80 1,591.19

32.85524 34.46181 36.14873 37.91997 39.77979
294 19 CRIME & INTELLIGENCE 89,140.17 93,521.91 98,122.73 102,953.61 108,026.02 Sch=M22 ANALYST 7,428.35 7,793.49 8,176.89 8,579.47 9,002.17 1,714.23 1,798.50 1,886.98 1,979.88 2,077.42

42.85585 44.96246 47.17439 49.49693 51.93559

EXHIBIT A
273
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
296 62 CRIME PREVENTION 73,797.05 77,411.64 81,206.95 85,192.03 89,376.36 Sch=M22 SPECIALIST 6,149.75 6,450.97 6,767.25 7,099.34 7,448.03 1,419.17 1,488.69 1,561.67 1,638.31 1,718.78

35.47935 37.21713 39.04180 40.95771 42.96940
954 27 CRISIS INTERVENTION 94,709.11 99,444.56 104,416.79 109,637.63 115,119.51 Sch=M22 SPECIALIST* 7,892.43 8,287.05 8,701.40 9,136.47 9,593.29 1,821.33 1,912.40 2,008.02 2,108.42 2,213.84

45.53322 47.80989 50.20038 52.71040 55.34592
208 21 DIVISION CLERK 65,983.39 69,207.30 72,592.40 76,146.74 79,878.83 Sch=M22 5,498.62 5,767.28 6,049.37 6,345.56 6,656.57
1,268.91 1,330.91 1,396.01 1,464.36 1,536.13

31.72278 33.27274 34.90019 36.60901 38.40328
234 64 ECONOMIC DEVELOPMENT 85,772.49 89,985.85 94,409.89 99,055.11 103,932.59 Sch=M22 SPECIALIST 7,147.71 7,498.82 7,867.49 8,254.59 8,661.05 1,649.47 1,730.50 1,815.57 1,904.91 1,998.70

41.23677 43.26243 45.38937 47.62265 49.96759
467 38 ELECTRICIAN 92,057.69 96,622.84 101,416.26 106,449.34 111,734.08 Sch=PS1 7,671.47 8,051.90 8,451.36 8,870.78 9,311.17
1,770.34 1,858.13 1,950.31 2,047.10 2,148.73

44.25850 46.45329 48.75782 51.17757 53.71831
255 23 ENGINEER, ASSISTANT 104,624.75 109,780.73 115,194.50 120,878.96 126,847.63 Sch=M22 8,718.73 9,148.39 9,599.54 10,073.25 10,570.64
2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30036 52.77920 55.38197 58.11488 60.98444
256 24 ENGINEER, JUNIOR 91,938.91 96,460.60 101,208.35 106,193.50 111,427.91 Sch=M22 7,661.58 8,038.38 8,434.03 8,849.46 9,285.66
1,768.06 1,855.01 1,946.31 2,042.18 2,142.84

44.20140 46.37529 48.65786 51.05457 53.57111
273 63 ENGINEERING SPECIALIST 104,624.75 109,780.73 115,194.50 120,878.96 126,847.63 Sch=M22 8,718.73 9,148.39 9,599.54 10,073.25 10,570.64
2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30036 52.77920 55.38197 58.11488 60.98444
284 25 ENGINEERING 89,921.74 94,342.55 98,984.41 103,858.37 108,976.02 Sch=M22 TECHNICIAN, ASSIST 7,493.48 7,861.88 8,248.70 8,654.86 9,081.34 1,729.26 1,814.28 1,903.55 1,997.28 2,095.69

43.23161 45.35700 47.58866 49.93191 52.39232
275 26 ENGINEERING 96,460.59 101,208.34 106,193.49 111,427.90 116,924.03 Sch=M22 TECHNICIAN, ASSOC 8,038.38 8,434.03 8,849.46 9,285.66 9,743.67 1,855.01 1,946.31 2,042.18 2,142.84 2,248.54

46.37528 48.65786 51.05456 53.57111 56.21348
279 28 ENGINEERING 100,226.56 105,162.62 110,345.48 115,787.49 121,501.60 Sch=M22 TECHNICIAN, SENIOR 8,352.21 8,763.55 9,195.46 9,648.96 10,125.13 1,927.43 2,022.36 2,122.03 2,226.68 2,336.57

48.18585 50.55895 53.05071 55.66706 58.41423

EXHIBIT A
274
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
410 40 FACILITIES MAINTENANCE 58,019.99 60,845.72 63,812.74 66,928.11 70,199.25 Sch=PS1 TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17698 33.74964
411 41 FACILITIES MAINTENANCE 65,027.09 68,203.17 71,538.05 75,039.69 78,716.41 Sch=PS1 WORKER I 5,418.92 5,683.60 5,961.50 6,253.31 6,559.70 1,250.52 1,311.60 1,375.73 1,443.07 1,513.78

31.26302 32.78999 34.39329 36.07677 37.84443
412 42 FACILITIES MAINTENANCE 69,767.56 73,180.67 76,764.44 80,527.40 84,478.50 Sch=PS1 WORKER II 5,813.96 6,098.39 6,397.04 6,710.62 7,039.88 1,341.68 1,407.32 1,476.24 1,548.60 1,624.59

33.54210 35.18301 36.90598 38.71510 40.61466
413 43 FACILITIES MAINTENANCE 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 WORKER, SENIOR 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32 1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953
414 20 FACILITIES MAINTENANCE 82,509.20 86,559.39 90,812.09 95,277.43 99,966.04 Sch=PS1 WORKER, SUPERVISING 6,875.77 7,213.28 7,567.67 7,939.79 8,330.50 1,586.72 1,664.60 1,746.39 1,832.26 1,922.42

39.66788 41.61509 43.65966 45.80646 48.06060
950 18 FAMILY THERAPIST 90,466.04 94,914.08 99,584.52 104,488.47 109,637.63 Sch=M22 7,538.84 7,909.51 8,298.71 8,707.37 9,136.47
1,739.73 1,825.27 1,915.09 2,009.39 2,108.42

43.49329 45.63177 47.87717 50.23484 52.71040
444 51 FLEET SERVICES WORKER 58,020.03 60,845.77 63,812.79 66,928.16 70,199.30 Sch=PS1 4,835.00 5,070.48 5,317.73 5,577.35 5,849.94
1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89425 29.25277 30.67923 32.17700 33.74966
274 59 GIS SPECIALIST 104,624.75 109,780.71 115,194.49 120,878.95 126,847.62 Sch=M22 8,718.73 9,148.39 9,599.54 10,073.25 10,570.64
2,012.01 2,111.17 2,215.28 2,324.60 2,439.38

50.30036 52.77919 55.38197 58.11488 60.98443
420 11 GROUNDSKEEPER 58,019.99 60,845.72 63,812.73 66,928.10 70,199.24 Sch=PS1 TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17697 33.74963
421 12 GROUNDSKEEPER I 65,027.09 68,203.17 71,538.05 75,039.69 78,716.41 Sch=PS1 5,418.92 5,683.60 5,961.50 6,253.31 6,559.70
1,250.52 1,311.60 1,375.73 1,443.07 1,513.78

31.26302 32.78999 34.39329 36.07677 37.84443
422 13 GROUNDSKEEPER II 69,767.56 73,180.68 76,764.44 80,527.40 84,478.50 Sch=PS1 5,813.96 6,098.39 6,397.04 6,710.62 7,039.88
1,341.68 1,407.32 1,476.24 1,548.60 1,624.59

33.54210 35.18302 36.90598 38.71510 40.61466

EXHIBIT A
275
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
423 14 GROUNDSKEEPER III 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32
1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953
424 04 GROUNDSKEEPER, 82,509.20 86,559.39 90,812.09 95,277.43 99,966.04 Sch=PS1 SUPERVISING 6,875.77 7,213.28 7,567.67 7,939.79 8,330.50 1,586.72 1,664.60 1,746.39 1,832.26 1,922.42

39.66788 41.61509 43.65966 45.80646 48.06060
228 16 INFORMATION 77,929.16 81,787.89 85,839.56 90,093.81 94,560.77 Sch=M22 TECHNOLOGY TECHNICIAN 6,494.10 6,815.66 7,153.30 7,507.82 7,880.06 1,498.64 1,572.84 1,650.76 1,732.57 1,818.48

37.46594 39.32110 41.26902 43.31433 45.46191
271 57 INFORMATION TECHNOLOGY 85,583.00 89,824.42 94,277.91 98,954.08 103,864.05 Sch=M22 TECHNICIAN, SENIOR 7,131.92 7,485.37 7,856.49 8,246.17 8,655.34 1,645.83 1,727.39 1,813.04 1,902.96 1,997.39

41.14567 43.18482 45.32592 47.57408 49.93464
426 52 LANDSCAPE MAINTENANCE 78,376.20 82,219.74 86,255.45 90,492.96 94,942.33 Sch=PS1 SPECIALIST 6,531.35 6,851.65 7,187.95 7,541.08 7,911.86 1,507.23 1,581.15 1,658.76 1,740.25 1,825.81

37.68087 39.52872 41.46897 43.50623 45.64535
263 29 LIBRARIAN I 70,548.38 74,000.54 77,625.29 81,431.29 85,427.58 Sch=M22 5,879.03 6,166.71 6,468.77 6,785.94 7,118.97
1,356.70 1,423.09 1,492.79 1,565.99 1,642.84

33.91749 35.57718 37.31985 39.14966 41.07095
260 30 LIBRARIAN II 78,264.55 82,102.51 86,132.36 90,363.71 94,806.62 Sch=M22 6,522.05 6,841.88 7,177.70 7,530.31 7,900.55
1,505.09 1,578.89 1,656.39 1,737.76 1,823.20

37.62719 39.47236 41.40979 43.44409 45.58011
242 32 LIBRARY ASSISTANT 66,391.61 69,635.92 73,042.45 76,619.31 80,375.01 Sch=M22 5,532.63 5,802.99 6,086.87 6,384.94 6,697.92
1,276.76 1,339.15 1,404.66 1,473.45 1,545.67

31.91904 33.47881 35.11656 36.83621 38.64183
243 33 LIBRARY ASSISTANT, 74,530.90 78,182.19 82,016.02 86,041.55 90,268.37 Sch=M22 SUPERVISING 6,210.91 6,515.18 6,834.67 7,170.13 7,522.36 1,433.29 1,503.50 1,577.23 1,654.65 1,735.93

35.83216 37.58759 39.43078 41.36613 43.39825
241 34 LIBRARY CLERK 58,340.24 61,181.99 64,165.82 67,298.84 70,588.51 Sch=M22 4,861.69 5,098.50 5,347.15 5,608.24 5,882.38
1,121.93 1,176.58 1,233.96 1,294.21 1,357.47

28.04819 29.41442 30.84895 32.35521 33.93678
400 16 MAINTENANCE 58,019.99 60,845.72 63,812.73 66,928.10 70,199.24 Sch=PS1 TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17697 33.74963

EXHIBIT A
276
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
401 17 MAINTENANCE 65,027.09 68,203.17 71,538.05 75,039.69 78,716.41 Sch=PS1 WORKER I 5,418.92 5,683.60 5,961.50 6,253.31 6,559.70 1,250.52 1,311.60 1,375.73 1,443.07 1,513.78

31.26302 32.78999 34.39329 36.07677 37.84443
402 18 MAINTENANCE 69,767.56 73,180.67 76,764.44 80,527.40 84,478.50 Sch=PS1 WORKER II 5,813.96 6,098.39 6,397.04 6,710.62 7,039.88 1,341.68 1,407.32 1,476.24 1,548.60 1,624.59

33.54210 35.18301 36.90598 38.71510 40.61466
403 19 MAINTENANCE 73,266.77 76,854.85 80,622.32 84,578.18 88,731.82 Sch=PS1 WORKER III 6,105.56 6,404.57 6,718.53 7,048.18 7,394.32 1,408.98 1,477.98 1,550.43 1,626.50 1,706.38

35.22441 36.94945 38.76073 40.66259 42.65953
442 22 MECHANIC 80,877.34 84,845.94 89,012.96 93,388.34 97,982.50 Sch=PS1 6,739.78 7,070.50 7,417.75 7,782.36 8,165.21
1,555.33 1,631.65 1,711.79 1,795.93 1,884.28

38.88334 40.79132 42.79469 44.89824 47.10697
440 23 MECHANIC SENIOR 87,869.09 92,187.28 96,721.37 101,482.18 106,481.02 Sch=PS1 7,322.42 7,682.27 8,060.11 8,456.85 8,873.42
1,689.79 1,772.83 1,860.03 1,951.58 2,047.71

42.24475 44.32081 46.50066 48.78951 51.19280
251 15 NEIGHBORHOOD 96,460.59 101,208.34 106,193.49 111,427.90 116,924.03 Sch=M22 PRESERVATION OFFICER 8,038.38 8,434.03 8,849.46 9,285.66 9,743.67 1,855.01 1,946.31 2,042.18 2,142.84 2,248.54

46.37528 48.65786 51.05456 53.57111 56.21348
407 03 PARTS AND INVENTORY 68,080.60 71,409.36 74,904.56 78,574.52 82,427.98 Sch=PS1 CONTROL WORKER 5,673.38 5,950.78 6,242.05 6,547.88 6,869.00 1,309.24 1,373.26 1,440.47 1,511.05 1,585.15

32.73106 34.33142 36.01181 37.77621 39.62884
287 37 PERMIT TECHNICIAN 69,342.84 72,734.71 76,296.19 80,035.73 83,962.25 Sch=M22 5,778.57 6,061.23 6,358.02 6,669.64 6,996.85
1,333.52 1,398.74 1,467.23 1,539.15 1,614.66

33.33790 34.96861 36.68086 38.47872 40.36647
291 60 PERMIT TECHNICIAN II 74,091.44 77,720.74 81,531.52 85,532.82 89,734.19 Sch=M22 6,174.29 6,476.73 6,794.29 7,127.74 7,477.85
1,424.84 1,494.63 1,567.91 1,644.86 1,725.66

35.62088 37.36574 39.19785 41.12155 43.14144
252 38 PLAN CHECK ENGINEER 118,817.52 124,683.13 130,842.01 137,308.86 144,099.04 Sch=M22 9,901.46 10,390.26 10,903.50 11,442.41 12,008.25 2,284.95 2,397.75 2,516.19 2,640.56 2,771.14

57.12381 59.94381 62.90481 66.01388 69.27838
258 41 PLANNER, ASSISTANT 96,166.84 100,899.92 105,869.65 111,087.87 116,566.99 Sch=M22 8,013.90 8,408.33 8,822.47 9,257.32 9,713.92
1,849.36 1,940.38 2,035.95 2,136.31 2,241.67

46.23406 48.50958 50.89887 53.40763 56.04182

EXHIBIT A
277
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
257 42 PLANNER, ASSOCIATE 111,087.87 116,566.99 122,320.07 128,360.81 134,703.58 Sch=M22 9,257.32 9,713.92 10,193.34 10,696.73 11,225.30 2,136.31 2,241.67 2,352.31 2,468.48 2,590.45

53.40763 56.04182 58.80773 61.71193 64.76134
261 22 PLANNER, SENIOR 116,567.01 122,320.09 128,360.83 134,703.60 141,363.51 Sch=M22 9,713.92 10,193.34 10,696.74 11,225.30 11,780.29 2,241.67 2,352.31 2,468.48 2,590.45 2,718.53

56.04183 58.80774 61.71194 64.76135 67.96323
231 43 POLICE CLERK 64,187.93 67,322.05 70,612.90 74,068.28 77,696.42 Sch=M22 5,348.99 5,610.17 5,884.41 6,172.36 6,474.70
1,234.38 1,294.65 1,357.94 1,424.39 1,494.16

30.85958 32.36637 33.94851 35.60975 37.35405
229 20 POLICE CLERK, 67,322.13 70,612.97 74,068.35 77,696.49 81,506.06 Sch=M22 SENIOR 5,610.18 5,884.41 6,172.36 6,474.71 6,792.17 1,294.66 1,357.94 1,424.39 1,494.16 1,567.42

32.36641 33.94854 35.60978 37.35408 39.18561
230 52 POLICE CLERK, 79,619.04 83,524.73 87,625.70 91,931.73 96,453.04 Sch=M22 SUPERVISING 6,634.92 6,960.39 7,302.14 7,660.98 8,037.75 1,531.14 1,606.24 1,685.11 1,767.92 1,854.87

38.27838 40.15612 42.12774 44.19795 46.37165
237 55 POLICE IDENTIFICATION 81,135.81 85,117.33 89,297.93 93,687.56 98,296.68 Sch=M22 TECHNICIAN 6,761.32 7,093.11 7,441.49 7,807.30 8,191.39 1,560.30 1,636.87 1,717.27 1,801.68 1,890.32

39.00760 40.92179 42.93170 45.04210 47.25802
215 36 PROPERTY AND EVIDENCE 68,338.90 71,680.57 75,189.35 78,873.54 82,741.96 Sch=M22 SPECIALIST 5,694.91 5,973.38 6,265.78 6,572.80 6,895.16 1,314.21 1,378.47 1,445.95 1,516.80 1,591.19

32.85524 34.46181 36.14873 37.91997 39.77979
236 54 PROPERTY AND EVIDENCE 77,343.90 81,135.83 85,117.35 89,297.95 93,687.58 Sch=M22 SPECIALIST, SUPERVISING 6,445.33 6,761.32 7,093.11 7,441.50 7,807.30 1,487.38 1,560.30 1,636.87 1,717.27 1,801.68

37.18457 39.00761 40.92180 42.93171 45.04211
235 44 PUBLIC SAFETY 79,619.04 83,524.73 87,625.70 91,931.73 96,453.04 Sch=M22 DISPATCHER 6,634.92 6,960.39 7,302.14 7,660.98 8,037.75 1,531.14 1,606.24 1,685.11 1,767.92 1,854.87

38.27838 40.15612 42.12774 44.19795 46.37165
245 31 PUBLIC SAFETY 83,524.69 87,625.66 91,931.68 96,453.00 101,200.39 Sch=M22 DISPATCHER, SENIOR 6,960.39 7,302.14 7,660.97 8,037.75 8,433.37 1,606.24 1,685.11 1,767.92 1,854.87 1,946.16

40.15610 42.12772 44.19792 46.37163 48.65403
238 45 PUBLIC SAFETY 91,983.74 96,507.67 101,257.78 106,245.40 111,482.40 Sch=M22 DISPATCHER, SUPERVISING 7,665.31 8,042.31 8,438.15 8,853.78 9,290.20 1,768.92 1,855.92 1,947.27 2,043.18 2,143.89

44.22295 46.39792 48.68163 51.07952 53.59731

EXHIBIT A
278
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
220 46 PURCHASING SPECIALIST 75,373.88 79,067.31 82,945.40 87,017.41 91,293.02 Sch=M22 6,281.16 6,588.94 6,912.12 7,251.45 7,607.75
1,449.50 1,520.53 1,595.10 1,673.41 1,755.64

36.23744 38.01313 39.87760 41.83529 43.89088
233 65 RECYCLING SPECIALIST 85,772.48 89,985.83 94,409.87 99,055.09 103,932.57 Sch=M22 7,147.71 7,498.82 7,867.49 8,254.59 8,661.05
1,649.47 1,730.50 1,815.57 1,904.91 1,998.70

41.23677 43.26242 45.38936 47.62264 49.96758
405 39 TRAFFIC SIGNAL 70,584.08 74,038.02 77,664.65 81,472.62 85,470.99 Sch=PS1 TECHNICIAN TRAINEE 5,882.01 6,169.84 6,472.05 6,789.39 7,122.58 1,357.39 1,423.81 1,493.55 1,566.78 1,643.67

33.93465 35.59520 37.33877 39.16953 41.09182
406 24 TRAFFIC SIGNAL 75,419.60 79,115.31 82,995.82 87,070.34 91,348.60 Sch=PS1 TECHNICIAN 6,284.97 6,592.94 6,916.32 7,255.86 7,612.38 1,450.38 1,521.45 1,596.07 1,674.43 1,756.70

36.25942 38.03621 39.90184 41.86074 43.91760
408 53 TRAFFIC SIGNAL 82,509.20 86,559.39 90,812.09 95,277.43 99,966.04 Sch=PS1 TECHNICIAN, SENIOR 6,875.77 7,213.28 7,567.67 7,939.79 8,330.50 1,586.72 1,664.60 1,746.39 1,832.26 1,922.42

39.66788 41.61509 43.65966 45.80646 48.06060
248 53 TRANSPORTATION 118,917.90 124,788.54 130,952.70 137,425.07 144,221.06 Sch=M22 ENGINEER, ASSOCIATE 9,909.83 10,399.05 10,912.73 11,452.09 12,018.42 2,286.88 2,399.78 2,518.32 2,642.79 2,773.48

57.17207 59.99449 62.95803 66.06975 69.33705
396 44 WASTEWATER COLLECTIONS 58,019.99 60,845.72 63,812.73 66,928.10 70,199.24 Sch=PS1 SYSTEMS TRAINEE 4,835.00 5,070.48 5,317.73 5,577.34 5,849.94 1,115.77 1,170.11 1,227.17 1,287.08 1,349.99

27.89423 29.25275 30.67920 32.17697 33.74963
397 45 WASTEWATER COLLECTIONS 67,138.85 70,458.06 73,943.24 77,602.67 81,445.07 Sch=PS1 SYSTEMS WORKER I 5,594.90 5,871.51 6,161.94 6,466.89 6,787.09 1,291.13 1,354.96 1,421.99 1,492.36 1,566.25

32.27829 33.87407 35.54963 37.30898 39.15628
398 46 WASTEWATER COLLECTIONS 73,767.25 77,417.88 81,251.05 85,275.87 89,501.94 Sch=PS1 SYSTEMS WORKER II 6,147.27 6,451.49 6,770.92 7,106.32 7,458.50 1,418.60 1,488.81 1,562.52 1,639.92 1,721.19

35.46502 37.22013 39.06300 40.99801 43.02978
399 47 WASTEWATER COLLECTIONS 81,095.37 85,112.41 89,330.30 93,759.09 98,409.31 Sch=PS1 SYSTEMS WORKER III 6,757.95 7,092.70 7,444.19 7,813.26 8,200.78 1,559.53 1,636.78 1,717.89 1,803.06 1,892.49

38.98816 40.91943 42.94726 45.07649 47.31217
445 15 WATER DISTRIBUTION 61,975.99 64,999.53 68,174.24 71,507.69 75,007.81 Sch=PS1 OPERATOR TRAINEE 5,164.67 5,416.63 5,681.19 5,958.97 6,250.65 1,191.85 1,249.99 1,311.04 1,375.15 1,442.46

29.79615 31.24977 32.77608 34.37870 36.06145

EXHIBIT A
279
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
446 32 WATER DISTRIBUTION 69,474.38 72,872.82 76,441.19 80,187.99 84,122.12 Sch=PS1 OPERATOR I 5,789.53 6,072.74 6,370.10 6,682.33 7,010.18 1,336.05 1,401.40 1,470.02 1,542.08 1,617.73

33.40114 35.03501 36.75057 38.55192 40.44333
447 33 WATER DISTRIBUTION 79,669.72 83,577.94 87,681.57 91,990.38 96,514.62 Sch=PS1 OPERATOR II 6,639.14 6,964.83 7,306.80 7,665.87 8,042.89 1,532.11 1,607.27 1,686.18 1,769.05 1,856.05

38.30275 40.18170 42.15460 44.22614 46.40126
448 34 WATER DISTRIBUTION 85,922.85 90,143.72 94,575.65 99,229.17 104,115.35 Sch=PS1 OPERATOR III 7,160.24 7,511.98 7,881.30 8,269.10 8,676.28 1,652.36 1,733.53 1,818.76 1,908.25 2,002.22

41.30906 43.33833 45.46906 47.70633 50.05546
470 05 WATER DISTRIBUTION 90,143.74 94,575.67 99,229.19 104,115.37 109,245.88 Sch=PS1 SENIOR OPERATOR 7,511.98 7,881.31 8,269.10 8,676.28 9,103.82 1,733.53 1,818.76 1,908.25 2,002.22 2,100.88

43.33834 45.46907 47.70634 50.05547 52.52206
469 06 WATER DISTRIBUTION 99,007.59 103,882.71 109,001.57 114,376.38 120,019.94 Sch=PS1 SUPERVISING OPERATOR 8,250.63 8,656.89 9,083.46 9,531.37 10,001.66 1,903.99 1,997.74 2,096.18 2,199.55 2,308.08

47.59980 49.94361 52.40460 54.98864 57.70189
456 37 WATER RESOURCES 92,975.04 97,586.06 102,427.64 107,511.29 112,849.13 Sch=PS1 COORDINATOR 7,747.92 8,132.17 8,535.64 8,959.27 9,404.09 1,787.98 1,876.66 1,969.76 2,067.52 2,170.18

44.69954 46.91638 49.24406 51.68812 54.25439
454 WATER RESOURCES 96,622.84 101,416.26 106,449.34 111,734.08 117,283.06 Sch=PS1 COORDINATOR - ELECTRICAL & 8,051.90 8,451.36 8,870.78 9,311.17 9,773.59 INSTRUMENTATION 1,858.13 1,950.31 2,047.10 2,148.73 2,255.44

46.45329 48.75782 51.17757 53.71831 56.38609
463 25 WR INSTRUMENT 87,830.69 92,184.50 96,756.00 101,556.07 106,596.14 Sch=PS1 CONTROL TECHNICIAN 7,319.22 7,682.04 8,063.00 8,463.01 8,883.01 1,689.05 1,772.78 1,860.69 1,953.00 2,049.93

42.22629 44.31947 46.51731 48.82503 51.24814
462 26 WR LABORATORY 83,894.09 88,051.07 92,415.90 96,998.96 101,811.18 Sch=PS1 TECHNICIAN 6,991.17 7,337.59 7,701.33 8,083.25 8,484.27 1,613.35 1,693.29 1,777.23 1,865.36 1,957.91

40.33370 42.33225 44.43072 46.63412 48.94768
458 27 WR MECHANIC I 78,352.15 82,269.76 86,383.25 90,702.41 95,237.53 Sch=PS1 6,529.35 6,855.81 7,198.60 7,558.53 7,936.46
1,506.77 1,582.11 1,661.22 1,744.28 1,831.49

37.66930 39.55277 41.53041 43.60693 45.78727
459 28 WR MECHANIC II 88,466.37 92,889.69 97,534.18 102,410.89 107,531.43 Sch=PS1 7,372.20 7,740.81 8,127.85 8,534.24 8,960.95
1,701.28 1,786.34 1,875.66 1,969.44 2,067.91

42.53191 44.65851 46.89143 49.23600 51.69780

EXHIBIT A
280
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RAT

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/10/2022
451 29 WR OPERATOR - GRADE I 79,139.17 83,020.85 87,096.63 91,376.19 95,869.72 Sch=PS1 6,594.93 6,918.40 7,258.05 7,614.68 7,989.14
1,521.91 1,596.55 1,674.94 1,757.23 1,843.65

38.04768 39.91387 41.87338 43.93086 46.09121
453 48 WR OPERATOR - GRADE II 83,010.44 87,085.69 91,364.71 95,857.67 100,575.29 Sch=PS1 6,917.54 7,257.14 7,613.73 7,988.14 8,381.27
1,596.35 1,674.72 1,757.01 1,843.42 1,934.14

39.90887 41.86812 43.92534 46.08542 48.35350
452 30 WR OPERATOR - GRADE III 89,644.93 94,051.91 98,679.24 103,537.93 108,639.55 Sch=PS1 7,470.41 7,837.66 8,223.27 8,628.16 9,053.30
1,723.94 1,808.69 1,897.68 1,991.11 2,089.22

43.09852 45.21726 47.44194 49.77785 52.23055
455 31 WR OPERATOR - TRAINEE 66,769.31 70,032.51 73,458.87 77,056.55 80,834.11 Sch=PS1 5,564.11 5,836.04 6,121.57 6,421.38 6,736.18
1,284.03 1,346.78 1,412.67 1,481.86 1,554.50

32.10063 33.66948 35.31676 37.04642 38.86255
457 49 WR SENIOR OPERATOR 94,065.51 98,693.53 103,552.93 108,655.31 114,012.81 Sch=PS1 7,838.79 8,224.46 8,629.41 9,054.61 9,501.07
1,808.95 1,897.95 1,991.40 2,089.53 2,192.55

45.22380 47.44881 49.78506 52.23813 54.81385
461 35 WR SOURCE CONTROL 88,182.89 92,554.31 97,144.29 101,963.78 107,024.24 Sch=PS1 INSPECTOR 7,348.57 7,712.86 8,095.36 8,496.98 8,918.69 1,695.82 1,779.89 1,868.16 1,960.84 2,058.16

42.39562 44.49726 46.70399 49.02105 51.45396
460 36 WR SOURCE CONTROL 82,983.27 87,057.17 91,334.76 95,826.22 100,542.26 Sch=PS1 TECHNICIAN 6,915.27 7,254.76 7,611.23 7,985.52 8,378.52 1,595.83 1,674.18 1,756.44 1,842.81 1,933.51

39.89580 41.85441 43.91094 46.07030 48.33763
464 50 WR SUPERVISING 103,314.73 108,405.19 113,750.18 119,362.42 125,255.27 Sch=PS1 OPERATOR 8,609.56 9,033.77 9,479.18 9,946.87 10,437.94 1,986.82 2,084.72 2,187.50 2,295.43 2,408.76

49.67054 52.11788 54.68759 57.38578 60.21888
952 51 YOUTH SERVICES CASE 82,573.15 86,626.54 90,882.61 95,351.47 100,043.79 Sch=M22 COORDINATOR 6,881.10 7,218.88 7,573.55 7,945.96 8,336.98 1,587.95 1,665.90 1,747.74 1,833.68 1,923.92

39.69863 41.64738 43.69356 45.84205 48.09798
*New Classification added 03/27/2023
**Retitled Classification 03/27/2023

EXHIBIT A
281
Schedule = P14

CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

CODE RANGE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E 604 01 POLICE OFFICER 105,639.90 110,921.89 116,467.98 122,291.38 128,405.95 8,803.33 9,243.49 9,705.67 10,190.95 10,700.50
2031.54 2133.11 2239.77 2351.76 2469.35

50.78841 53.32783 55.99422 58.79393 61.73363
603 02 POLICE SERGEANT 131,448.44 138,020.86 144,921.90 152,168.00 159,776.40 10,954.04 11,501.74 12,076.83 12,680.67 13,314.70
2527.85 2654.25 2786.96 2926.31 3072.62

63.19637 66.35618 69.67399 73.15769 76.81558
606 03 POLICE TRAINEE 37.00128 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 05/08/2023

2. LPOA May 8, 2023
3/9/2023 Page 1 of 1

EXHIBIT A
282

MANAGEMENT SALARY SCHEDULE
$7,730 - $17,650/month
Effective July 3, 2023
Class
Code Classification Monthly Salary Range
$14,095.31 - $17,619.14
119 Assistant Administrative Services Director
100 Assistant City Attorney
132 Assistant Community Development Director
129 Assistant Public Works Director
124 City Engineer
$13,112.20 - $16,390.25
250 Assistant City Engineer
289 Building Official
218 Finance Manager
125 Maintenance and Golf Operations Manager
118 Planning Manager
449 Water Resources Division Manager
$12,465.09 - $15,581.36
123 Housing & Human Services Manager
$12,335.20 - $15,419.00
246 Senior Transportation Engineer
$11,836.61 - $14,795.76
283 Permit Center Manager
$11,812.81 - $14,766.01
253 Senior Civil Engineer
$11,671.70 - $14,589.63
269 Cyber Security Manager
268 Information Technology Manager
$11,480.26 - $14,350.33
127 Risk Manager
$11,331.75 - $14,164.69
472 Airport Manager
136 City Clerk
134 Housing Programs Manager
135 Human Services Programs Manager
297 Police Support Services Manager
259 Principal Planner
951 Youth and Family Services Manager - Clinical
$10,698.76 - $13,373.45
137 Assistant Finance Manager
130 Assistant Library Director
120 Economic Development Manager
278 Inspection & Neighborhood Preservation Manager
450 Water Resources Operations Manager
474 Water Resources Technical Programs Manager
953 Youth and Family Services Manager - Programs

CITY OF LIVERMORE

EXHIBIT A
283

MANAGEMENT SALARY SCHEDULE
$7,730 - $17,650/month
Effective July 3, 2023
Class
Code Classification Monthly Salary Range

CITY OF LIVERMORE
$10,170.15 - $12,712.69
217 Accounting Supervisor
232 Information Technology Coordinator
148 Management Analyst, Senior
133 Public Works Manager
270 Systems Administrator
468 Water Distribution Operations Manager
$10,062.21 - $12,577.76
272 Construction Inspection Manager
$10,016.28 - $12,520.35
128 Deputy City Attorney
295 Police Business Services Manager
293 Police Facility & Equipment Manager
$9,505.31 - $11,881.64
131 Assistant City Clerk
150 Management Analyst II
298 Police Media & Community Relations Analyst
126 Public Works Supervisor
$7,730.03 - $9,662.54
207 Deputy City Clerk
152 Management Analyst I
264 Supervising Librarian
466 Water Resources Communications Representative

EXHIBIT A
284
Class
Code Classification
113 Assistant City Attorney, Senior (Confidential) $15,196.70 - $18,995.88 104 Assistant to the City Manager (Confidential) $12,465.09 - $15,581.36 122 Human Resources Manager (Confidential) $13,112.20 - $16,390.25 154 Human Resources Analyst, Senior (Confidential) $10,170.15 - $12,712.69 155 Human Resources Analyst II (Confidential) $9,505.31 - $11,881.64 156 Human Resources Analyst I (Confidential) $7,730.03 - $9,662.54 149 Management Analyst, Senior (Confidential) $10,170.15 - $12,712.69 151 Management Analyst II (Confidential) $9,505.31 - $11,881.64 153 Management Analyst I (Confidential) $7,730.03 - $9,662.54

CITY OF LIVERMORE
Monthly Salary Range
Effective July 3, 2023
$7,730 - $19,000/month

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
285

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$13,810 - $21,410/month
Effective July 3, 2023
Class
Code Classification Salary Range
605 Police Captain $17,127.29 - $21,409.12
602 Police Lieutenant $13,810.72 - $17,263.40

EXHIBIT A
286
Class
Code Classifications
216 Administrative Receptionist $5,120.02 - $6,400.02
203 Administrative Specialist I $5,926.26 - $7,407.83
227 Administrative Specialist II $6,665.14 - $8,331.43
200 Executive Assistant $8,532.40 - $10,665.50
226 Human Resources Clerk I $5,926.26 - $7,407.83
212 Human Resources Clerk II $6,519.55 - $8,149.44
219 Human Resources Technician $7,153.66 - $8,942.08
201 Law Office Supervisor $8,532.40 - $10,665.50
204 Legal Assistant $7,085.67 - $8,857.09
Monthly Salary Range

CITY OF LIVERMORE

CONFIDENTIAL SALARY SCHEDULE
$5,120 - $10,670/month
Effective July 3, 2023

EXHIBIT A
287
Class
Code Classification Monthly Salary Range
109 Administrative Services Director $15,956.73 - $19,945.91 103 Assistant City Manager $17,212.88 - $21,516.10
105 Community Development Director $15,956.73 - $19,945.91 106 Deputy City Manager $13,684.77 - $17,105.96
117 Deputy City Manager/City Clerk* $13,684.77 - $17,105.96 114 Innovation and Economic Development Director $15,956.73 - $19,945.91 121 Library Services Director $15,956.73 - $19,945.91
107 Police Chief** $19,364.56 - $24,205.70
111 Public Works Director $15,956.73 - $19,945.91
*New Position Added 03/27/2023
**Police Chief 3.0% Salary Adjustment to match Police Management increase effective 7/3/2023

CITY OF LIVERMORE

EXECUTIVE MANAGEMENT SALARY SCHEDULE
$13,684 - $24,210/month
Effective December 5, 2022

EXHIBIT A
288

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
102 City Manager $317,200 12/5/2022
112 City Attorney $290,170 12/5/2022

EXHIBIT A
289

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Salary Range Effective Date
210 Department Assistant $15.50 - $25.25 Hourly 12/19/22 438 Field/Maintenance Aide $15.50 - $25.25 Hourly 12/19/22 240 Law Clerk $15.50 - $25.00 Hourly 12/19/22
915 Temporary Librarian $19.00 - $23.50 Hourly 05/11/07 916 Temporary Library Assistant $17.00 - $22.50 Hourly 05/11/07 917 Temporary Library Clerk $15.75 - $19.00 Hourly 05/11/07 920 Library Aide $15.50 Hour 12/19/22
961 Police Cadet $15.50 - $19.00 Hourly 12/19/22
963 Reserve Police Officer Hourly equivalent to Police Officer Step A 956 Special Projects Coordinator $20.00 - $100.00 Hourly 12/20/21

EXHIBIT A
290

CITY COUNCIL STAFF REPORT
ITEM NO. 5.14

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving the Memorandum of Understanding (Labor Agreement) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, for the term of September 1, 2022, through June 30, 2025.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution approving a Memorandum of Understanding (MOU) between the Livermore-Pleasanton Fire Department Joint Powers Authority and the International Association of Firefighters Local 1974, Battalion Chiefs Unit (IAFF Battalion Chiefs), for the term of September 1, 2022 through June 30, 2025.

SUMMARY
Effective July 18, 2022, the Fire Battalion Chiefs were granted formal recognition as a bargaining unit, the International Association of Firefighters Local 1974, Battalion Chief's Unit, which represents seven employees in the classification of Battalion Chief.

On October 11, 2022, representatives from the cities of Livermore, Pleasanton, and IAFF Battalion Chiefs, began the meet and confer process regarding terms and conditions of employment to reach an agreement on a MOU. The parties met ten (10) times on the terms to be contained in the MOU.

As a result of these meetings, a tentative agreement between the parties has been reached, subject to City Council approval, on the terms and conditions of employment. On April 21, 2023, the agreement was ratified by the IAFF Battalion Chiefs' membership. As required by the Livermore-Pleasanton Fire Department Joint Powers Authority (JPA), on June 7, 2023, the JPA Board of Directors approved the tentative agreement. The last step is to have the agreement approved by both the Livermore and Pleasanton City Councils. The City of Pleasanton has a two-step process for approving the agreement.

It will go before the Council for the first time on June 20, 2023, and the Council will vote to approve the agreement on July 18, 2023. A complete copy of the Memorandum of Understanding (MOU) is set forth in Exhibit A - Memorandum of Understanding between LPFD and IAFF, Local 1974, Battalion Chief's 291
Unit.

DISCUSSION
The following is a summary of the key provisions of the MOU.

1. Term of Agreement
: September 1, 2022, through June 30, 2025.

2. General Wage Increases
:

Effective
June 10, 2023
,
Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay.

Effective January 6, 2024: Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay. The Battalion Chiefs' salary range will be adjusted accordingly.

Effective January 4, 2025: Battalion Chiefs will receive a cost-of-living increase of one percent (1%) of their base pay. The Battalion Chief's salary range will be adjusted accordingly.

3. Salary Ranges
: Salary ranges have been established for Battalion Chiefs. For all current Battalion Chiefs at the time of the effective date of the MOU, movement through the range will be five percent (5%) based on an annual performance review rating of at least "meets expectations" by the Fire Chief on July 1 each year and up to an additional two percent (2%) based on recommendation of the Fire Chief and approval by the City Manager. For all Battalion Chiefs promoted after the effective date of the MOU, movement through the range will be five percent (5%) based on an annual performance review rating of at least "meets expectations" by the Fire Chief and up to an additional two percent (2%) based on recommendation of the Fire Chief and approval by the City Manager on the anniversary date of their promotion. Once the Battalion Chief has reached the top step of the salary range, no further increases are available.

4. One Time Payment
: Effective the first full pay period after the Livermore and Pleasanton City Councils approve the MOU in open session, the Battalion Chiefs will receive a one-time payment equal to $4,000.

5. Training Premium Pay
: Increase training premium pay from 15% to 25% of the Battalion Chief base rate of pay for Battalion Chiefs assigned to a 40-hour work week as the Training Chief.

6. Increase and Expand Battalion Chief Coverage Stipend :

Effective
June 10, 2023
, increase the Battalion Chief Coverage Stipend from $75.00/per hour to $83.00/per hour.

Effective January 6, 2024, increase the Battalion Chief Coverage Stipend from $83.00/per hour to $85.00/per hour.

Effective January 4, 2025, increase the Battalion Chief Coverage Stipend from $85.00/per hour to $86.00/per hour.

Battalion Chief Coverage Stipend is available when providing shift coverage for the 24-hour Battalion Chief in their absence, when performing Out of Class Work, or when approved by the Fire Chief and/or designee, when assigned to participate in off-duty events greater than three (3) hours in a single day to conduct business outside their normal management roles and responsibilities, for example instructing training classes, or serving as assessment panelists for other agencies.

292

7. Out of Class Work
: The City and the Union have agreed to a one (1) year trial period that allows Battalion Chiefs to fill vacancies in the rank of Fire Captain to assist in preventing mandatory shift fill, provided all vacancies in the Battalion Chief position have been filled. When working in the rank of Captain, Battalion Chiefs will receive Battalion Chief Coverage Stipend Pay. At the end of the one (1) year trial, the acting program for the Battalion Chiefs to work down as Captains ends unless the trial period is mutually agreed to be extended by the Fire Chief and the Union.

8. Administrative Leave Pay for 2022
: Effective
the first full pay period after Council approves the
MOU,
Battalion Chiefs will receive a one-time payment equal to twenty-four (24) hours of base pay at their rate of pay in December 2022.

9. Uniform Allowance
: Increase annual uniform allowance from $800 to $1000.

10. Vacation Accumulation and Scheduling
: Increase vacation accruals from a maximum of four
hundred (400) hours to four hundred and thirty-two (432) hours. All vacation requests and use require approval by the Fire Chief and/or designee.

11. Long Term Disability
: The City shall pay to the Union the sum of twenty-nine dollars and fifty cents ($29.50), up to a maximum of forty dollars ($40.00) towards the monthly premium for each Battalion Chief enrolled in the Union's long-term disability plan.

FISCAL AND ADMINISTRATIVE IMPACTS

The financial impact to the Livermore-Pleasanton Fire Department budget as a result of implementing this Memorandum of Understating is approximately $300,000 over the term of the agreement. The cost is shared by the cities of Livermore and Pleasanton. Livermore's share is approximately $150,000 over the term of the agreement. All subsequent fiscal impacts for the City's share of the cost for the salaries and benefits in the Memorandum of Understanding will be incorporated in the future operating budgets.

COMMUNITY PILLAR
5: A City that Works

GOAL CATEGORY
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.

ATTACHMENTS

1. Resolution

2. Exhibit A - Memorandum of Understanding between LPFD and IAFF, Local 1974, Battalion Chiefs' Unit

Prepared by: Kristen Hilton
Senior Human Resource Analyst

293
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
294
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS AUTHORITY AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1974, BATTALION CHIEF’S UNIT Effective July 18, 2022, the Fire Battalion Chiefs were granted formal recognition as a bargaining unit, the International Association of Firefighters Local 1974, Battalion Chief’s Unit.

The labor negotiators for International Association of Firefighters Local 1974, Battalion Chief’s Unit and the Livermore-Pleasanton Joint Powers Authority reached a tentative agreement for a Memorandum of Understanding which is attached to this resolution as Exhibit A.

On April 21, 2023, the International Association of Firefighters Local 1974, Battalion Chief’s Unit advised that the tentative agreement was ratified by the membership.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the Memorandum of Understanding between the Livermore- Pleasanton Fire Department Joint Powers Authority, and the International Association of Firefighters Local 1974, Battalion Chief’s Unit for the period of September 1, 2022, through June 30, 2025, attached as Exhibit A to this resolution, which shall not be modified without further approval by the City Council for the City of Livermore as set forth in the agreement for the Livermore-Pleasanton Fire Department Joint Powers Authority.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on June 26, 2023, 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
Exhibit A – Memorandum of Understanding between LPFD and IAFF, Local 1974, Battalion Chief’s Unit
295
4894-5387-2224 v2
L
ivermore-Pleasanton Fire Department Joint Powers Authority and
The International Association of Fire Fighters, Local 1974 Battalion Chief s Unit, AFL-CIO-CLC

MEMORANDUM
OF

UNDERSTANDING
September 1, 2022 JUNE 30, 2025

EXHIBIT A
296
4894-5387-2224 v2 ii
Table of Contents
Section 1. Recognition .................................................................................................................................................... 3 Section 2. Union Security ............................................................................................................................................... 3 Section 3. No Discrimination ......................................................................................................................................... 6 Section 4. Union Representatives .................................................................................................................................. 6 Section 5. Salaries ........................................................................................................................................................... 6 Section 6. Hours of Work, Shift & Station Assignments ............................................................................................. 9 Section 7. Holiday Pay .................................................................................................................................................. 10 Section 8. Documentation Regarding Organized Mess ............................................................................................. 11 Section 9. Vacations ...................................................................................................................................................... 11 Section 10. Sick Leave .................................................................................................................................................... 15 Section 11. Leaves ........................................................................................................................................................... 17 Section 12. Health and Welfare ..................................................................................................................................... 20 Section 13. Retirement ................................................................................................................................................... 24 Section 14. Uniforms ...................................................................................................................................................... 25 Section 15. Credit Union ................................................................................................................................................ 26 Section 16. Probationary Period .................................................................................................................................... 26 Section 17. Promotion, Demotion, and Long-Term Acting Assignments .................................................................. 26 Section 18. Resignation, Reinstatement and Layoff .................................................................................................... 27 Section 19. Discipline ...................................................................................................................................................... 28 Section 20. Grievances .................................................................................................................................................... 28 Section 21. Medical Examination .................................................................................................................................. 31 Section 22. Outside Employment .................................................................................................................................. 31 Section 23. Disability Accommodations ........................................................................................................................ 32 Section 24. Miscellaneous ............................................................................................................................................... 32 Section 25. Bargaining Waiver and Separability of Provisions .................................................................................. 33 Section 26. Existing Memorandum of Understanding................................................................................................. 35

Appendix A
Salary Schedules ......................................................................................................................................................... 35 Appendix B
Catastrophic Leave Policy .......................................................................................................................................... 36 Appendix C
Substance Testing Policy ............................................................................................................................................ 37 Appendix D
Battalion Chiefs Performance Evaluation Form ..................................................................................................... 50 Appendix E
Battalion Chief Staffing Policy ................................................................................................................................. 60

EXHIBIT A
297
4894-5387-2224 v2 3
The City of Livermore and the City of Pleasanton have jointly formed the Livermore-Pleasanton Fire Department Joint Powers Authority -Pleasanton Fire Department . The International Association of Fire Fighters, Local 1974, Battalion Chiefs Unit, AFL-CIO-CLC , and representatives of the City of Livermore and the City of Pleasanton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for employees in the representation unit specified in Section 1, and have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding
is entered into pursuant to the Meyers-Milias-Brown
Act (Government Code Section 3500, et. seq.) and has been jointly prepared by the parties.

This MOU has been presented to the JPA governing board and to the City Councils of the City of Livermore and the City of Pleasanton. The governing board and the City Councils have approved the salary and employee benefit adjustments for the period commencing September 1, 2022 and ending on June 30 2025.
represented by the
Union and covered by this MOU.

S
ection 1. Recognition
"The Union" is the formally recognized employee organization for the Unit comprised of the classification of Battalion Chief certified pursuant to the Employer-Employee Relations Procedures & Resolution No. 97-1 adopted by the JPA on November 21, 1997.

Section 2. Union Security

2.1 Dues Deduction
A. Bargaining unit employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union
employees who provide written consent to join the Union and authorize dues deductions.

The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.

B. The Employer agrees to deduct from the paychecks of each bargaining unit employee w ho
vol
untarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the Employer by either the Union or the employee. The certified by the Union per month or per pay period as applicable. The Employer shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the officer designated in writing by the President of the Union as the person authorized to receive such funds.

The Employer will implement any change to a
deduction during the first full pay period following notification of such change by the Union.

EXHIBIT A
298
4894-5387-2224 v2 4
I
f a bargaining unit employees desires to revoke, cancel or change their prior dues deduction authorization, the Employer shall direct the employee to the Union. Any such dues deduction revocation, cancellation and/or change shall be effective only when submitted by the Union to the Employer and is subject to the terms and conditions set forth in the original payroll deduction/authorization.

C. The employee's earnings must be regularly sufficient after other legal and require d
de
ductions are made to cover the amount of the dues check-off authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made t o c
over that pay period from future earnings. In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. Thus, all other legal and required deductions have priority over union dues. In addition, in order to meet certain accounting deadlines , a
ll payroll changes connected with the deduction of union dues must be made by the fifteenth (15) of the preceding month.

D. The Union shall indemnify, defend, and hold the City harmless against any and all claims, de
mands, suits, proceedings or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the Livermore-Pleasanton Fire Department for the purpose of complying with any of the provisions of this check-off agreement. I n
a
ddition, the Union shall refund to the Livermore-Pleasanton Fire Department any amounts paid to it in error upon presentation of supporting evidence. However, the Union shall not be required to make reimbursements should discovery of the error occur twenty-four (24) months after the occurrence of the error.

2.2 Communication with Employees
A. New Employee Orientation Meetings
This provision applies to all new employees hired into the Unit and is intended to comply with the provisions of AB119.

1. written notice of the time, date and location of all new employee orientation meetings, unless an urgent and unforeseeable need for a new employee orientation meeting notice. Notice will be made by way of email to the Union President and Vice President.

2. The Union will be given up to thirty (30) minutes as part of the new employee orientation meetings to present Union membership information to new employees of the Fire Employees Unit.

3. The
Union representatives who will present information at the new employee orientation meetings may do so while on duty and in uniform, provided the Union notifies the Fire Chief of the names of the employees who will be presentin g i
nformation on behalf of the Union at the new employee orientation meeting with at participation will not create an unreasonable burden on operations.

4. The above provisions shall in no way impact or delay the hire of any employee.

B. Information Requirements

EXHIBIT A
299
4894-5387-2224 v2 5

1. The
City will provide the Union with a digital file via email to the Union President and V
ice President containing the following information for each employee in the Battalion Unit to the extent the Department has the information on file:

N ame
J ob title
W ork location
P ersonal telephone number (may be home or cellular as provided by the employee) H ome address
P ersonal email addresses on file with the Department (new hires only)

2. The above information will be provided to the Union as follows:

F or new hires, within 30 days of hire or by the first pay period of the month following hire.

F or all bargaining unit employees every one hundred twenty (120) calendar days.

C. Facilities Visits
Any Union representative shall give notice to the Fire Chief when visiting employees at their assigned fire stations and fire administration during the duty period, provided that solicitation for membership or other internal employee organization business shall be conducted only during the off-duty hours of all employees concerned. The Fire Chief and the Union may enter into a standing agreement for routine contact between Union r
epresentatives and on-duty employees and such agreement shall continue until revoked.

2.3 Bulletin Boards
The Department shall provide suitable space for bulletin boards in the fire stations. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.

2.4 Use of Department Facilities for Meetings
A.

The Union President may, with the prior approval of the Fire Chief or designate d r
epresentative, be granted the use of Department facilities and/or communications equipment for meetings of employees in this unit provided that:

1. Requests are made in advance.

2. Such meetings do not conflict with other Department activities.

3. Attendance of on-duty employees at such meetings may occur only after 1700 hour
s, unless other arrangements have been authorized in advance by the Fire Chief and only when it does not prevent the performance of required work.

4. Such meetings do not involve excessive or unnecessary station transfers or result in financial responsibility for the Department.

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B
. Regularly Scheduled Membership Meetings.

1. Union meetings may be held in fire stations after 1700 hours unless other arrangements have been authorized in advance by the Fire Chief.

2. Union meetings shall not interfere with regularly scheduled duties or emergency response. Fire prevention personnel may attend union meetings during their regular work hours provided they are otherwise able to complete their duties.

3. On-duty members may attend Union meetings as long as no first-due districts are left empty or by approval of the Fire Chief.

Advance Notice
Except in cases of emergency, the Union shall be given reasonable advance writte n not
ice of any ordinance, resolution, rule or regulation relating to matters within the scope of representation and shall be given the opportunity to meet and confer in g ood f
aith with the appropriate management representatives prior to adoption.

The Department will provide the Union with reasonable written notice and the opportunity to meet and confer in good faith regarding the addition to or changes i n P
ersonnel Rules and Regulations, other policies, or departmental policies when suc h c
hanges are within the scope of bargaining pursuant to the MMBA.

Section 3. No Discrimination
The Employer and the Union shall , Discrimination,
and Retaliation Policy (Human Resources & Administrative Policy Guide).

Furthermore, the Employer shall not discriminate or retaliate against any employee because of their engagement in legally protected Union activities.

Section 4. Union Representatives
Bargaining unit employees who are officers or official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of department services as determined by the Department. Such employee representatives shall submit requests for excused absences to the Fire Chief. The Union shall submit a list of the officers of the Union to the Fire Chief in writing at such time there are any changes in such Union officers.

Section 5. Salaries

5.1 Salary Ranges and Salary Increases for Contract Term Salary ranges have been established for Battalion Chiefs. For all current Battalion Chiefs at the time of the effective date of MOU, movement through the range will be five percent (5%) based on an annual performance review rating
Fire Chief on July 1 each
year and up to an additional two percent (2%) based on recommendation of Fire Chief and approval by the
movement through the range will be five percent (5%) based on an annual performance review rating

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r
ecommendation of Fire Chief and approval by City Manager on their anniversary date of their promotion. Once the Battalion Chief has reached the top of the salary range, no further increases are available.
*Effective upon Council Approval Yearly Salary Range Monthly Salary Range Salary Range $178,315 $216,406 $14,859.58 $18,033.83

5.2 Cost of Living Increases (COLA) During Contract Term 2023: Effective June 10, 2023, Battalion Chiefs will receive a cost-of-living increase of three percent (3%) of their base pay.
2024: Effective January 6, 2024, Battalion Chiefs will receive a cost-of-living increase of three 2025:

Effective January 4, 2025, Battalion Chiefs will receive a cost-of-living increase of one percent

5.3 Acting Pay Deputy Fire Chief / Fire Chief
At the discretion of the Fire Chief or the City Manager, Battalion Chiefs may be assigned in an acting or interim basis to the rank of Deputy Fire Chief or Fire Chief. When an employee is assigned and ent pay rate beginning the first day of the acting assignment.

5.4 Salary Step After Change in Classification
When a Battalion Chief is promoted to a Deputy Chief or any other position in a higher classification, the employee shall receive the minimum rate for the higher classification; provided, however, that compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted. The specific rate of pay within the salary range shall be determined by the City Manager, of pay shall not be lower
than the salary rate the employee would earn had the employee remained in the lower classification.

5.5 Shift Management Compensation Pay
Battalion Chiefs assigned to a 56-shift schedule shall be compensated in the amount equal to 7.5% of the Battalion Chief current base rate of pay paid biweekly.

Shift Management Compensation covers time spent conducting normal management and/or administrative business when not on shift; for example, participating in command staff meetings, labor management meetings, BC meetings, shift management preparation, and end of shift hold over to complete turn over, reports, and paperwork, etc.

The Fire Chief, and/or designee, may approve additional compensation for the entire time spent, paid at the rate of the Battalion Chief coverage stipend under Section 5.8, when assigned to participate in off-duty events greater than three (3) hours in a single day, to conduct business outside their normal

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anagement roles and responsibilities; for example, instructing training classes, or serving as assessment panelists for other agencies, etc.

5.6 Training Premium Pay
Battalion Chiefs assigned to a 40-hour workweek as the Training Chief shall be compensated in the amount equal to 25% of the base rate of the Battalion Chief in Appendix A and are eligible to observe annual holidays as listed in Section 7 of the MOU.

5.7 Reimbursable Incidents & Training
A Battalion Chief or Acting Battalion Chief who is either assigned to a reimbursable incident/training or is providing coverage for someone that has been assigned to a reimbursable incident/training shall be compensated at one and one-half (1 ½
-hour rate of pay in 15-minute
increments.

5.8 Battalion Chief Coverage Stipend
Effective the
in open session, Battalion Chiefs shall receive compensation of $83 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective January 6, 2024, Battalion Chiefs shall receive compensation of $85 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

Effective January 4, 2025, Battalion Chiefs shall receive compensation of $86 per hour when providing shift coverage for any 24-hour Battalion Chief absence or position vacancy or when approved in accordance with Section 5.5.

5.9 Out of Class Work
The City and the Union have agreed to a one (1) year trial period that allows Battalion Chiefs, who have indicated their availability, to fill vacancies in the rank of Fire Captain to assist in preventing mandatory shift fill, provided all vacancies in the Battalion Chief position have been filled.

When working in the rank of Captain, Battalion Chiefs will receive stipend pay as provided in Section

5.8. At the end of the one (1) year trial, the out of class program for the Battalion Chiefs to work down as Captains ends unless the trial period is mutually agreed to be extended by the Fire Chief and the Union.

Battalion Chiefs must indicate their availability as defined in the Staffing Policy.

No Battalion Chief may work out of class when a mandatory assignment exists in their perspective rank.

The Fire Chief and the Union maintain the ability to re-implement Out of Class Work, through mutual agreement, during the term of the contract based on department need.

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5.10 Administrative Leave Pay for 2022
Effective the first full pay period after Council approves the MOU, Battalion Chiefs will receive a one- time payment equal to 24 hours of base pay at their rate of pay in December 2022.

5.11 One-time Payment
Effective the first full pay period after Council approves the MOU, Battalion Chiefs will receive a one- time payment equal to $4,000.

Section 6. Hours of Work, Shift & Station Assignments

6.1 Exchanges of On-Duty Time (Shift Trades)
Trades of on-duty time shall only be permitted between employees that possess the necessary qualifications to perform the assignment with the approval of the Fire Chief or designee. Trades shall not be permitted to substitute for, extend, or supplement sick leave, long- compensation leave unless approved by the Fire Chief. The employees involved in the trade shall make arrangements for the pay back of time.

Employees who owe time to other employees following a promotion may work in their former position in order to repay the previously traded time, i.e., an Battalion Chief may work as a Captain from which the employee was promoted. Employees must resolve owed trades within ninety (90) calendar days from the date of promotion.

Employees are not considered on the payroll or working additional hours under the Fair Labor Standards Act while on-duty and working their half of the trade. However, if the employee who assumes responsibility for working a trade fails to work the traded on-duty time, the originally scheduled employee will be charged vacation time equivalent to the time missed.

Trades can be cancelled at any time. However, the Fire Chief or their designee must be notified if a trade is cancelled less than six (6) days prior to the shift. Employees may cancel a maximum of six (6) trades

6.2 Battalion Chief Assignments
Assignments to a specific battalion, shift and/or station shall be made through the bid system. Bids shall occur in descending order by rank seniority. Bid assignments will occur every other year, in the month of December starting in December 2023. In the event no Battalion Chiefs bid the 40-hour Battalion Chief assignment, the Fire Chief, and/or designee, will make the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year.

Approved bids and subsequent moves will take effect in January and will remain effective for two (2) years.

In the event an opening occurs during the two-year term, Battalion Chiefs may submit a request for re- assignment, but the Fire Chief and/or designee retains the right to fill the assignment based on organizational need. Consideration will be given not to assign Battalion Chiefs who previously served in the 40-hour Battalion Chief position for a minimum of one (1) year or based on seniority.

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The Fire Chief, and/or designee, has the discretion to administratively reassign personnel for up to four (4) months per assignment to meet Department needs. This shall not apply to probationary employees or assignments not resulting in the displacement of another employee. Transfer for purposes of punishment shall be done in accordance with Section 19 - Discipline. assignments for a specific period of time. Mutuals are not permanent. Mutuals can be between individuals on the same shift or on different shifts. The individuals involved may set the time frame of the twelve months both individuals will return to their original assignments. Both individuals must physically be able to meet their assigned Station requirements, i.e., if one of the individuals is unable to return to work within the first one-year period
and void. Individuals must be qualified for the position of the person with whom they are requesting

Personnel may submit a request for a mutual, in writing, to the Fire Chief, and/or designee. Requests will be evaluated and approved on a case-by-case basis, based on department need.

Section 7. Holiday Pay

7.1 Holiday In Lieu
Battalion Chiefs assigned to a 56-hour work schedule are eligible to receive holiday-in lieu pay at the rate of 7.5% of the base salary. Holiday-in-lieu pay shall be paid on a biweekly basis. Battalion Chiefs shall receive holiday in lieu pay without regard for when holidays occur or whether such employees actually work on recognized holidays. Holiday in lieu pay will be reported as special compensation within the meaning of Section 20636 of the California Government Code and Section 571(a)(5) of the CalPERS regulations and/or as defined pensionable compensation pursuant to the California Government Code and the CalPERS regulations as amended.

7.2 Observed Holidays
The following holidays are observed for who work a 40
hour per week schedule are permitted to be off work on observed holidays without the loss of pay and do not qualify for the holiday in lieu pay provided per Section 9.1 of this MOU.

1. New Year's Day

2. Martin Luther King, Jr. Day (third Monday of January)

3. 4. Memorial Day (last Monday of May)

5. Independence Day

6. Labor Day (first Monday of September)

7. Veterans' Day

8. Thanksgiving Day

9. Day following Thanksgiving

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10. Christmas Eve Day

11. Christmas Day

7.3 Floating Holiday
Represented employees working a 40 hour schedule shall be credited with seven floating holidays (56 hours) on January 1 of each year. Employees hired January 1 through June 30 shall be credited with seven floating holidays (56 hours) upon hire. New employees hired July 1 through December 31 shall be credited with three floating holidays (24 hours) upon hire.

Employees will need to use all Floating Holiday hours by the last payroll period for the calendar year (instead of December 31) otherwise they will be lost. Battalion Chiefs will be provided and may use he same payroll period.

Section 8. Documentation Regarding Organized Mess
In order that all members of each fire company are available at all times to respond to emergencies as quickly and efficiently as possible, and in order to provide for harmony and fellowship among the members of fire companies, there shall be a common organized mess at each fire station to which all bargaining unit employees assigned to that station shall be required to contribute on a daily basis. The Captain on each shift at each station shall normally make all assignments as to the duties to be performed by those employees in regard to the common mess. The Employer shall not be responsible for financially supporting or otherwise paying the cost of any on duty meal. Employees may be exempted from the common mess only for valid medical or religious reasons that have been verified

This provision is intended to satisfy Internal Revenue Service requirements as to the existence of a requirement that employees contribute to an organized mess.

Section 9. Vacations

9.1 Vacation Eligibility
All employees accrue paid vacation leave from their date of hire and may begin using accrued paid vacation leave after six (6) months of continuous service with the Department.

I. Vacation Accrual
A. Employees assigned to a fifty-six (56) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
First through fourth year 12 hours
Fifth through ninth year 16 hours
Tenth through twelfth year 20 hours
Thirteenth through fifteenth year 22 hours
Sixteenth year and above 24 hours

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B. Employees assigned to a forty (40) hour work schedule shall accrue paid vacation leave in accordance with the following schedule:

Years of Continuous Service Monthly Accrual Rate
First through fourth year 8.57 hours
Fifth through ninth year 11.43 hours
Tenth through twelfth year 14.29 hours
Thirteenth through fifteenth year 15.71 hours
Sixteenth year and above 17.14 hours

9.2 Vacation Accumulation
Eligible employees may accumulate and maintain up to a maximum of four hundred thirty-two (432) hours of accrued vacation leave.

Employees are not allowed to accrue vacation hours above the cap. At any time an employee reaches the four hundred thirty-two (432) hour cap, the employee will cease accruing additional vacation leave until such time as the balance falls below the cap. However, in the event an employee has requested to take vacation but been denied or otherwise prevented from using vacation leave due to extenuating circumstances, the employee may submit a written request to the City Manager, or designee, for special consideration to carry over vacation balances beyond four hundred thirty-two (432) hours.

9.3 Vacation Scheduling and Use
All scheduled use of vacation shall be approved in advance by the Fire Chief and/or designee.

Annual Vacation Scheduling:

A. During January of each year, and no later than February 1, employees shall be granted an opportunity to request Annual Vacation Picks (AVP) time in order of department seniority. The January selections shall be for the period from February 1 to January 31 of the following year. Each employee in turn will have an initial choice of vacation.

Vacation selections can be for as many shifts/hours as the employee desires, not to exceed the total number of vacation leave hours the employee will have accrued by the date of the requested vacation, provided the vacation shift/hours are taken consecutively. Once the most senior employee makes an initial vacation selection, the next most senior employee will make an initial selection of vacation shifts/hours. This process shall continue until all employees have an opportunity to make an initial selection of vacation. After all employees make their initial selections, second-choice vacation selections will occur. Second-choice vacation selections will be done in the same manner as the first-choice selections. After the second-choice vacation selections are completed, the third-choice selections can begin and so on until no one wishes to choose any more vacation time.

B. Only 1 Shift Battalion Chief may request annual vacation each day.

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C. Battalion Chiefs will coordinate among themselves to complete the selection process.

D. -hour shifts schedules must use vacation leave in
increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

E. If two (2) or more employees from the same employing agency have the same employment date, seniority will be determined by placement on the employment list.

If two (2) or more employees from different hiring agencies have the same employment date, seniority will be determined by drawing from a hat.

F.
-hour work week may select their Annual Vacation
Picks in accordance with the timeline outlined above. Battalion Chiefs assigned to a 40-hour work week may take vacation in increments consistent with their regular work period.

G. No employee may request vacation for 4 th of July, Thanksgiving, Christmas Eve, or Christmas Day.

NOTE: Refer to Holiday Staffing for non-annual vacation holiday requests.

H. All approved Annual Vacation Picks will be guaranteed, provided they have been requested in accordance with the procedures outlines in this section.

I. Once Annual Vacation Picks have been completed, they will be forwarded to the Fire Chief and/or their designee for review and approval.

J. Employees who are reassigned during the calendar year, will have previously approved vacation transferred to cover time off for the same date range prior to the reassignment.

K. In the event staffing requires revocation of approved vacation, Annual Vacation Picks will be the last to be revoked. (Refer to the Staffing Policy for additional information.) Vacation Scheduling
A. All vacation requests and use require approval by the Fire Chief and/or designee. This applies to both Shift Battalion Chiefs and 40-hour Battalion Chiefs.

B. Requests that may result in a mandatory assignment will not be an automatic disqualifier.

C. Battalion Chiefs assigned to 24-hour shift schedules must use vacation leave in increments of either twenty-four (24) or twelve (12) hours. When used in twelve (12) hour increments, vacations must be taken from either 0800 to 2000 hours or 2000 to 0800 hours.

Employees may take less than twenty-four (24) or twelve (12) hours provided they find their own coverage. The Fire Chief, and/or designee may approve vacation requests in less than twelve (12) hour increments to accommodate employee enrollment in college or university courses. The courses or classes attended must be appropriate to employee development. The decision of the Fire Chief, and/or designee shall be final.

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D. Battalion Chiefs assigned to a 40-hour work week may request vacation in one (1) hour increments.

E. Authorized emergency vacation may be allowed due to special circumstances and temporary assignments will be made to accommodate such a need.

F. The Fire Chief, and/or designee may permit non-probationary employees to use of up to fifty-six (56) hours of paid vacation leave in advance of accruing such hours to their vacation leave accounts. The use of such leave shall not be prescheduled or considered earned vacation for accrual purposes.

Holiday Staffing
A. Holidays will be staffed as follows:

July 4 Filled on June 4
Thanksgiving Filled on October 25
Christmas Eve & Christmas Day Filled on November 25 (Christmas Day Fills 1st) B. Employees may request vacation on 4 th of July, Thanksgiving, Christmas Eve, or Christmas Day, provided they find their own relief, and only after staffing has filled in accordance with the procedures outlined above.

C. Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 and January 5. Vacation must be cancelled prior to the vacancy being filled during this same time period.

Annual Vacation | Vacation Cancellation
A. Employees may cancel previously scheduled vacation at any time by notifying the Department at least twenty-four (24) hours prior to the start of the shift. However, the Fire Chief and/or designee must also be notified whenever vacation is cancelled less than six (6) days prior to the shift.

EXCEPTION: See Holiday Staffing
B. Employees are allowed a maximum of six (6) vacation cancellations per calendar year

9.5 Vacation Pay at Termination
All employees shall be paid for all vacation leave earned prior to the effective date of termination.

Such compensation shall be paid to employees in one lump sum in a final check. Employees understand that if there is a deficit balance in their vacation leave accounts at termination, that deficit amount will be deducted from final compensation.

Employees may not use accumulated leave to end service prior to retirement or separation from the City, unless authorized by the City Manager.

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9.6 Vacation Sell Back
Employees may request to sell back up to two hundred forty (240) hours of accrued vacation leave in each calendar year. Employees may sell back accrued vacation leave in one (1) hour increments with a minimum sell back of eight (8) hours on the first pay date in March, June, September and December of each year. Written requests for payment must be made by the employee fifteen (15) days in advance of the first pay date in March, June, September and December.

Section 10. Sick Leave

10.1 Sick Leave Accrual
56 Hour Shift Employees
Battalion Chiefs assigned to a 56-hour work schedule shall earn sick leave at the rate of eleven and two-tenths (11.2) hours for each month of service. Battalion Chiefs assigned to a 56-hour work schedule may accumulate an unlimited number of sick leave hours subject to the following:
a. A maximum of 2,912 accumulated sick leave hours are available for use as paid time off at any given time in accordance with sections 10.3 and section 10.4 below. b. Sick leave hours accrued in excess of 2,912 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for use as paid time off during employment.
c.
below the 2,912 maximum.
d. All unused accumulated sick leave hours and any accumulated hours over the 2,912 sick leave maximum will be converted to additional service credit at the time of Unused Sick Leav
e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section.

10.2 Sick Leave Accrual 40 Hour Shift Employees
Battalion Chiefs assigned to a 40-hour work schedule shall earn sick leave at the rate of eight (8) hours for each month of service. Battalion Chiefs assigned to a 40-hour work schedule may accumulate an unlimited number of sick leave hours subject to the following:
a. A maximum of 2,080 accumulated sick leave hours are available for use as paid time off in accordance with sections 10.3 and 10.4 below.
b. Sick leave hours accrued in excess of 2,080 are placed in a separate sick leave bank for conversion to additional service credit at the time of retirement and are not available for us as paid time off during employment.
c.
below the 2,080 maximum.

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d. All unused accumulated sick leave hours and any accumulated hours over the 2,080 sick leave maximum at the time of retirement in accordance with Government Code e. Battalion Chiefs on leave pursuant to Labor Code section 4850 shall accumulate sick leave hours during said leave in accordance with this section.

10.3 Sick Leave Usage
Employees may use accumulated sick leave in one (1) hour increments as follows:

B. For the diagnosis, care, or treatment of an existing health condition or preventative care for an legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, or sibling or a designated person. A designated person is one identified by the employee at the time the employee requests paid sick leave. The Department may limit the employee to one designated person per year. Employees assigned to a 56-hour work schedule may utilize a maximum of one hundred forty-four (144) hours of accumulated sick leave per calendar year and employees assigned to a 40-hour work schedule may utilize a maximum of (96) hours of accumulated sick leave for this purpose.

C. Sick Leave may also be used to obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:

1. A temporary restraining order or restraining order.

2. Other injunctive relief to help ensure the health, safety or welfare of themselves or their children.

3. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.

4. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.

5. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.

6. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

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10.4 Sick Leave Procedure
A. Employees are required to report the need for sick leave in accordance with Department policy.

Employees shall notify the scheduling system prior to the start of their scheduled duty shift when utilizing sick leave. The Fire Chief or designee may waive this requirement based on exigent or unique circumstances.

B. If an employee is on vacation and a permissible use of sick leave occurs while on vacation, the employee may report the need for sick leave in accordance with Department policy and request to be taken off vacation leave and be placed on sick leave for the hours the employee is eligible for sick leave as specified in Section 14.2 of this MOU.

C.
ick leave when there is evidence of excessive sick leave usages and/or a pattern of sick leave misuse, abuse or falsification (i.e., using sick leave in conjunction with days off, vacation, holidays or otherwise).

D. Employees who are eligible for temporary disability payments may use accumulated sick leave in order to maintain their regular income; provided, however, the employee is allowed a credit towards sick leave to the extent that temporary disability payments are retained by the Department.

E. Any purpose
negotiated with the Union.

Section 11. Leaves

11.1 Leave of Absence
The City Managers may grant a full-time regular employee a leave of absence without pay for a period not to exceed three (3) months. After three (3) months, the leave of absence may be extended if so authorized by the Department. No such leave shall be granted except in writing stating the reasons for the requested leave. Upon expiration of the leave the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report to work promptly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discipline. The Fire Chief may grant a full-time regular employee a leave of absence without pay for one (1) calendar week. During unpaid leave, an employee shall not accrue vacation or sick leave benefits, nor shall said time be considered service time. Holiday in lieu payments for which an employee would otherwise be eligible shall be adjusted on a pro-rata basis to reflect an employee's leave time.

11.2 Jury Service Leave
Employees who are summoned for jury service in state or federal court shall receive their regular pay for all time they are necessarily absent from work in order to satisfy their jury service. The City may require proof of the time spent in such jury service as a condition of receiving the time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service and are not required to return for additional jury service the following day shall report directly to work to complete the remainder of their shift or workday.

Employees who are required to serve as jurors shall not have their regular starting and ending work times changed as a result of jury service.

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11.3 Leaves Resulting from Subpoena
A. Employees subpoenaed or called to appear as a witness in an administrative or legal proceeding about a work-related matter shall be granted time off with pay for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

B. Employees subpoenaed or called to appear as a witness on behalf of the City or Department during their off duty hours shall receive compensation as hours worked in accordance with Section 7 of this MOU for all time necessarily spent in compliance of the subpoena or request to testify, including travel time, waiting time and time spent testifying as a witness.

11.4 Military Leave
Military leave shall be granted in accordance with the provisions of law. All employees entitled to military leave shall give the Fire Chief an opportunity within the limits of military regulations to determine when such leave shall be taken
accommodate the request for leave.

11.5 Family, Medical and Pregnancy Disability Leave
The City will abide by all federal and state family, medical and pregnancy disability leave laws.

11.6 Catastrophic Leave
The City will maintain a Catastrophic Leave Policy outlined in Appendix B to this MOU.

11.7 Bereavement Leave
Employees are entitled to paid leave from duty (including shift trade days) for up to two (2) shifts (48 hours) for 56-hour personnel and up to forty (40) hours for 40-hour personnel in order to attend the funeral or memorial service of an immediate family member and/or to assist with matters relating to ding sick leave) to extend
bereavement leave when approved by the Fire Chief.

For purposed of this provision, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of his/her death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in- law, sister-in- -in-law,
daughter-in-law or grandchildren.

11.8 Union Leave Bank
A. Leave Donations
Effective the first full pay period in July of each year, active bargaining unit employees may voluntarily elect to contribute to the Union Leave Bank by reducing their individual vacation accrual by six (6) hours for 56 hour personnel and four (4) hours of vacation accrual for 40 hour personnel. The contribution will be credited to the Union Leave Bank. If, at the end of any fiscal year, the Union Leave Bank has a balance of more than 1500 hours, the contribution of hours described above will not occur for that fiscal year.

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Employees hired during the year will h
bank transfer. Employees separating employment during the year will receive no credit for or return of hours contributed to the Union Leave Bank.

B. Usage of the Union Leave Bank
Union Leave Bank may be utilized by bargaining unit employees for scheduled work absences when all of the following conditions are met:

1. The absence is for a union authorized event or purpose.

2. A Union official has provided prior written approval for the use of the Union Leave Bank to cover the absence.

3. The Union Leave Bank has sufficient hours to reimburse the City at the applicable regular and overtime rates to provide coverage for the absence.

4. The absence is approved in writing by shift Deputy Fire Chief.

The Deputy Fire Chief shall secure a replacement to cover the shifts resulting from an approved Union Leave absence in accordance with the current practice for obtaining shift replacements. agement
control over the Department to ensure adequate staffing for daily operations and emergency situations.

C. Payment for Union Leave
When bargaining unit employees receive the appropriate approval to be absent from their scheduled shift(s) for a union authorized event or purpose, payment to the employee(s) covering the open shifts(s)
on an hour-for-hour basis from the Union Leave Bank. Employees absent from work on union leave shall receive pay for their regularly scheduled shift as paid union leave. Employees covering open shifts for employees absent on union leave and employees absent on union leave shall code their time cards accordingly.

D. Indemnification

1. The City will administer the Union Leave Bank in the manner believed to be consistent with all applicable laws governing the taxation of the donated hours. The City takes no responsibility should the IRS or any other governing agency prescribe a different interpretation of applicable tax law. Any liability resulting from the reporting of taxes will fall solely on the Union and its members. As such, the Union will indemnify and defend the City against any tax claims that arise in whole or in part from its administration of the Union Leave Bank, including reasonable attorney fees.

2. The City assumes no responsibility for how union time is utilized. Time spent on union purpose. The Union will indemnify and defend the City against any claim that arises in whole or part from the activities of employees utilizing such leave, including reasonable attorney fees.

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11.9. Administrative Leave
In recognition that employees are required to work hours beyond their regular hours of work to fulfill their managerial responsibilities, each employee will receive 56 hours of administrative leave per year and may be credited up to a total of 80 hours of administrative time per year as recommended by the Fire Chief and approved by the City Manager.

Administrative leave hours not used by the last payroll period of the calendar year will be cashed out.

Section 12. Health and Welfare

12.1 Medical Insurance - Active Employees
A. Contributions

following two amounts, whichever is greater:

1. $25 per month for employee only coverage, $25 per month for employee plus one coverage, or $50 per month for family coverage.

2. The difference between the family rate of the lowest cost HMO and the premium of

-tax and bi-
weekly basis.

B. Increases in Premiums
The City will pay for any increase in the medical plan premiums up to a maximum of 15% annually of the lowest cost HMO family rate. Any premium increase above 15% -tax basis.

obligation is to pay the lower percentage increase.

C. Plan Co-Pays
The health maintenance organization (HMO) medical plans co-pays shall be ten dollars ($10) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, fifteen dollars ($15) for brand and thirty-five dollars ($35) for non-formulary (the Kaiser HMO provides for a two-tier prescription drug plan). The Preferred Provider Organization (PPO) medical plan co-pays shall be fifteen dollars ($15) for office visits. The prescription drug co-pays shall be ten dollars ($10) for generic, twenty-five ($25) for brand and thirty-five dollars ($35) for non-formulary.

D. Changes to Plan Designs
The City reserves the right to make changes to the medical plan designs.

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12.2 Retiree Medical Benefit Eligibility
Employees who retire from the City of Pleasanton under the California Public Employees Retirement Section 20000 et seq are eligible for retiree medical benefits.

Retirement from the City of Pleasanton means a retirement effective date through CalPERS no more than 120 calendar days after separation from the City of Pleasanton. Retirees who subsequently rescind their CalPERS retirement forfeit this retiree medical benefit eligibility.

A. Calculation of Total Service
category indicated on the CalPERS annual member statement or validated by CalPERS at the time of retirement.

1. Managers hired prior to January 1, 2009 (Prior Service) Employees hired before January 1, 2009 who promote to management positions may count prior years of service completed with another CalPERS municipal agency for the retiree medical benefit.

B. Spouse/Eligible Dependent Continuation of Benefits
In the case where the employee eligible for two party coverage is deceased, the amount the City is obligated to pay shall be reduced by one-half (1/2). If a spouse remarries, the obligation by the City shall terminate. Domestic partners shall be treated in the same manner as spouses for continuation of benefits.

C. Vesting Schedule for Employees Hired Before January 1, 2009

1. Service Retirement
For all employees who retire via a service retirement from the City of Pleasanton, the City shall pay four percent (4%) for each year of service of the dependent.

For all service retirements the formula accelerates beginning with 10 years of service as illustrated below.

Years of Service
10 75%
15 80%
20 90%
25+ years of service 100%

2. Disability Retirement
For all employees who retire via a disability retirement, the City shall pay a employee and one dependent in accordance with the schedule set forth below:

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Years of Service
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25+ years of service 100%

3. City Contributions
dollar contribution paid for active employees at the employee plus one rate of the lowest cost HMO early retiree plan.

4. Reimbursement for non-City Plans
In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

5. Benefits for Medicare Eligible Retirees
All retirees eligible for Medicate are required to apply for Medicare benefits.

Upon qualifying for and receiving parts A and B of Medicare, the City shall not be obligated to contribute an amount in excess of the monthly premium for the lowest cost HMO health plan supplement to Medicare for employee and one dependent.

D. Vesting Schedule for Employees Hired on or After January 1, 2009

1. Service Retirement
For all employees who retire via service retirement from the City of Pleasanton, the City
contribution toward the monthly premium for single coverage.

For all service retirements the formula accelerates beginning with 10 years of service as illustrated below:

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Years of Service
10 75%
15 80%
20 90%
25+ years of service 100%
schedule of miscellaneous employees.

2. Disability Retirement
For all employees who are hired on or after January 21, 2009 and retire via disability retirement, the City shall pay a percentage of the monthly contribution toward the premium for single coverage in accordance with the schedule set forth below:

Years of Service
10 20%
11 25%
12 30%
13 35%
14 40%
15 45%
16 48%
17 51%
18 54%
19 57%
20 80%
21 84%
22 88%
23 92%
24 96%
25+ years of service 100%

3. Public Employee Pension Reform Act (2013)
In accordance with PEPRA, employees hired on or after January 1, 2013 and the vesting schedule of miscellaneous employees.

4. City Contributions
dollar contribution paid for active employees at the single rate of the lowest cost HMO Plan early retiree plan.

5. Reimbursement for non-City Plans
In the event that a retiree obtains medical coverage through a plan not offered through the City of Pleasanton, the City will reimburse the retiree up to the

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eligible amount, but no more than the amount paid by the retiree. Retirees must supply proof of coverage and proof of payment in order to be reimbursed.

6. Benefits for Medicare Eligible Retirees
Retiree health benefits, including reimbursement, will cease once the employee becomes Medicare eligible.

12.3 Dental
The City shall contribute an amount necessary to provide dental care benefits for the individual employees and eligible dependents. The City shall provide a lifetime maximum orthodontia coverage of $2,000 for individual employees and eligible dependents.

12.4 Life Insurance
The City shall contribute an amount necessary to provide $100,000 life and $100,000 accidental death and dismemberment insurance coverage for individual full-time employees.

Employees may purchase at their own expense and within the limits set by the insurance carrier, additional amounts of life insurance under the existing policy.

12.5 Vision Care
A vision care plan will be provided as an option for employees and the cost of such coverage shall be included in the 125 Plan.

12.6. Long Term Disability
The City shall pay to the Union the sum of twenty-nine dollars and fifty cents ($29.50), up to a maximum of forty dollars ($40.00) towards the monthly premium for each Battalion Chief enrolled in -term disability plan. Said payments shall be made in arrears monthly.

12.7 Extended Benefits
The City will consider voluntary proposals from the Union's membership to utilize their leave and medical benefits to extend the leave and medical benefits for employees on protracted medical leave.

12.8 Employee Assistance Program
The City shall provide an Employee Assistance Program for employees covered by this MOU.

Section 13. Retirement

13.1 Retirement Plans and Employee Contributions
A. Employees hired before December 22, 2012 (Tier 1 Classic) Employees hired prior to December 22, 2012 are provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the

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employer share (12% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

Effective July 11, 2020, Tier 1 Classic employees shall contribute an additional one- half percent (0.5%) of their CalPERS reportable compensation toward the employer share (12.5% total employee contribution) for the CalPERS 3% @ 50 local safety plan.

B. Employees hired on or after December 22, 2012 (Tier 2 Classic) Employees hired on or after December 22, 2012 and before January 1, 2013, and employees,
are provided the CalPERS 3% @ 55 local safety with the 36-month final compensation period. Such employees shall contribute 9.0% of their CalPERS reportable compensation towards the employee share and an additional 3.0% of their CalPERS reportable compensation towards the employer share (12.5% total employee contribution) for the CalPERS 3% @ 55 local safety plan.

C. Employees hired on or after January 1, 2013 (Tier 3 New-PEPRA) Fire safety management employees hired on or after January 1, 2013 and considered provided the CalPERS 2.7% @ 57 local safety
plan with the 36-month final compensation period. Such employees shall contribute 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.

13.2 Additional Retirement Benefits
All employees shall receive the following additional contracted for optional CalPERS benefits:

Section 20965, Credit for Unused Sick Leave
Section 21574, 1959 Survivors Benefit, Fourth Level
Section 21548, Pre-retirement Option 2W Death Benefit

13.3 Pre-tax Employee Contribution
All contributions paid by employees towards the cost of CalPERS pension benefits will be deducted on a pre-tax basis to the extent permitted by law.

Section 14. Uniforms
Annual uniform allowance shall be one thousand ($1,000.00) dollars. The uniform allowance will be paid in equal biweekly installments in accordance with California Government Code Section 20363.

The amount the City contributes toward the uniform allowance is subject to federal and state income tax withholding.

14.1 Payment
The uniform allowance shall be paid in employee paychecks. CalPERS will be deducted for all tirement
System).

14.2 Uniform Changes

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Uniform changes will be at the expense of the Department. The Department shall replace Class B pants and Class B boots on a one for one basis, as needed.

Section 15. Credit Union
The City shall implement a voluntary payroll deduction option for employees who wish to join the Firefighter First Credit Union, First United Services Credit Union or UNCLE Credit Union for the purposes of transacting business with these credit unions.

Section 16. Probationary Period

16.1 Length of Probationary Period
All appointments shall be subject to a probationary period of twelve (12) months service time.

Personnel who serve in a long-term acting assignment any time during the two (2) years prior to their promotion will receive credit towards the twelve (12) month promotional probationary period for their long-term acting assignments up to a combined maximum of six (6) months. All other provisions of probationary period will apply.

16.2 Notification Requirements
An employee who is not rejected prior to the completion of the prescribed probationary period shall be deemed to have passed the prescribed probation period automatically subject to the provisions of Section 16.3 and 16.4.

16.3 Extension of Probationary Period
The Fire Chief may extend the probationary period once for a period not to exceed ninety (90) days, in order to further evaluate the performance of the probationary employee.

16.4 Rejection of Probationary Employee Promotional Appointment An employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted.
the employee
shall have the option of voluntarily returning to their previously held position.

Section 17. Promotion, Demotion, and Long-Term Acting Assignments A. Promotion
Promotional or open-promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employees who meet the requirements set forth in the examination announcements may compete in promotional examinations.

Insofar as consistent with the best interests of the Department as determined by the Fire Chief, vacancies in the Department shall be filled by promotion from within the Department after a promotional examination has been given and a promotional list established.

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If in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open-competitive examination instead of promotional examination, the Fire Chief shall arrange an open-competitive employment list consistent with Personnel Rules.

B. Demotion
Bargaining unit employees who are promoted to a Deputy Fire Chief classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a Deputy Fire Chief shall be reinstated to a bargaining unit position in the classification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification.

Battalion Chiefs hired from outside the Department cannot demote into a fire suppression position.

Section 18. Resignation, Reinstatement and Layoff

18.1 Automatic Resignation
Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was effected.

18.2 Voluntary Resignation
An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2) weeks in advance of the effective date of the resignation.

18.3 Reinstatement
With the approval of the Fire Chief, an employee who has resigned in good standing may be reinstated within two (2) years of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as though the employee had received a new appointment.

When an employee is reinstated within a two-year
date of the reinstatement, not the original appointment date except for service time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD.

Reinstated employees may use prior service credit for promotional eligibility purposes.

Reinstated employees may petition the Fire Chief after six months to be removed from probationary status.

18.4 Layoff
The Fire Chief may lay off an employee because of material changes in duties, organization or shortage of work or funds.
least 16 weeks prior to the anticipated date of lay off.

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The employee having the least length of total continuous service with the Department in the classification, in which the Fire Chief is laying off, shall be laid off first.

Employees scheduled to be laid off may, however, displace the least senior employee in the next lower paying classification of like work who has less seniority. Employees laid off or who through displacement have changed classification shall have their name placed upon a re-employment list in seniority order. The employee with the highest seniority on a re-employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Each name shall be carried on a re-employment list for a period of one (1) year from the date of lay off from Department service or change of classification through displacement. The Fire Chief may extend the name(s) on a re-employment list for an additional one (1) year. No name shall be carried on a re- employment list for a period longer than two (2) years from the date of lay off from Department service or change of classification through displacement unless authorized by the City Manager.

Section 19. Discipline
The Department acknowledges that Battalion Chiefs are not at-will employees. Battalion Chiefs are entitled to Skelly rights and all rights and protections afforded by the Firefighters Procedural Bill of Rights Act Government Code Section 3250 et seq (FFBRA) with respect to investigations the .

Letters of Written Reprimand
removed from the file four
(4) years after the date of issuance at the request of the affected employee. Letters of Written Reprimand not removed after the four (4) year period will be disregarded.

Section 20. Grievances

20.1 A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding, which specifically provide that the decision of any Fire Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

Any dispute which involves the interpretation or application of department policies outside this Memorandum of Understanding is not considered a grievance and is subject to an informal dispute process as follows:
a. The dispute will be presented, in writing, to the applicable Deputy Fire Chief. The applicable Deputy Fire Chief will render a determination. b. The dispute may be appealed, in writing, to the Fire Chief. The Fire Chief will render a determination.
c.

The City Manager or his/her designee will render a determination which shall be final.

20.2 Grievances shall be processed in the following manner:
a. Within thirty (30) days of the knowledge of an event giving rise to a grievance, an employee or the union may request in writing a meeting to discuss the grievance with the Deputy Fire

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Chief. The Deputy Fire Chief shall investigate the grievance and the Deputy Fire Chief shall render a decision within fourteen (14) calendar days from the date the grievance was received.
b. No grievance involving demotion, reduction in pay, suspension, or discharge of an employee will be entertained unless it is filed in writing with the Fire Chief within seven (7) working days of the time at which the affected employee was notified of such action. c. Within fourteen (14) calendar days from receipt of the Deputy Fire Chief's decision in Step 1 above, the employee or official of the Union may notify the Fire Chief in writing that a grievance exists, stating the particulars of the grievance, citing the specific section of this Memorandum of Understanding they believe has been violated, and, if possible, the nature of the determination desired. The Fire Chief shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. The Fire Chief will then issue a decision of the parties. No grievance may be processed under paragraph (4 below), which has not first been filed and investigated in accordance with this paragraph (3). d. Within fourteen (14) calendar days from receipt of the Fire Chief's decision in Step 2 above, the employee or official of the Union may appeal the decision of the Fire Chief to the City Manager. The City Manager shall have fourteen (14) days from receipt of notification in which to investigate the issues, meet with the complainant and attempt to reach a satisfactory resolution of the problem. The City Manager will then issue a decision to the parties. No grievance may be processed under paragraph (5 below), which has not first been filed and investigated in accordance with this paragraph (4). e. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, the Union may appeal the decision of the City Manager to arbitration within fourteen (14) days of the notification of the City Manager decision. The arbitrator shall be designated by mutual agreement between the Union and the Department. The fees and expenses of the arbitrator and court reporter shall be shared equally between the Fire Department and the Union.

Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
f. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law, Ordinances and Resolutions of the Livermore-Pleasanton Fire Department JPA.

20.3 The time limits previously set forth shall be considered maximums and every effort shall be made to expedite the process. The limits specified may, however, be extended by mutual agreement of the parties.

20.4 No arbitrator shall entertain, or hear, any dispute unless such dispute involves a position in the unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Subsection 20.1.

20.5 Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto, shall not be arbitrable and no proposal to modify amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or

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written agreement or addenda supplementary hereto or to establish any new terms or conditions of employment.

20.6 If the Fire Chief in pursuance of the procedures outlined in subsection 20.2 above resolves any grievance, which involves suspension or discharge, the Fire Chief may agree to payment for lost time or to reinstatement with or without payment for lost time.

20.7 All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Complaints which allege that employees are not being compensated in accordance with the provision of this Memorandum of Understanding shall be considered as grievances.

Both parties agree that adjustments shall be retroactive for a maximum of six (6) months from the date upon which the complaint was filed except in instances where retroactive adjustments are mandated by federal or state law or required by outside entities.

In the event the City overpays an employee above the compensation outlined in this Memorandum of Understanding, the City may collect up to six (6) months of overpayment dated from the date of discovery.

Any other matters of compensation are to be resolved in the meet and confer process and detailed in the Memorandum of Understanding. If the matter is not detailed in the MOU, it shall be deemed withdrawn until the next meet and confer process is opened for such discussion.

20.8 No changes in this Memorandum of Understanding or interpretation thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Fire Department Fire Chief and the Union.

20.9 The provision of this Section shall not abridge any right to which an employee may be entitled under the Fire Department ordinance and resolution, nor shall it be administered in a manner which would abrogate any power which may be within the sole province and discretion

All grievances of employees represented by the Union shall be processed under this section.

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Section 21. Medical Examination

21.1 Fitness for Duty Exams
The Fire Chief retains the right to subject employees to job-related fitness for duty medical examinations to ensure employees can safely perform the essential functions of their job classifications as specified in established job descriptions. In the event the Fire Chief, after consultation with the Human Resources Director, determines there are identifiable reasons to believe an employee may be unable to safely perform the essential functions of their job classification, an employee shall submit to a fitness for duty medical examination at any time while on duty. The notice provided to the employee directing them to submit to a medical examination does not need to include the identifiable reason(s) for the referral. A physician selected by the Department shall conduct the fitness for duty examination and the full cost of the examination shall be borne by the Department, as shall any medical examination required by the Employer. A copy of the medical examination report shall be given to the employee.

Should the employee disagree with the opinion of the
, the employee may
consult with their own physician (at the employee's expense). If private physician's report conflicts with the Department's physician in terms of ability to perform the duties of the employee's regular job, the employee may request a medical examination by a third physician mutually agreed upon by the employee and the Department. The employee and the Department will share the costs for the third examination. The decision of the third physician concerning the for duty shall determine the employee return to work.

21.2 Wellness-Fitness/Modified Duty Program
On August 1, 2001, the Department and the Union adopted the IAFC-IAFF Fire Service Joint Labor Management Wellness-Fitness Initiative (3rd Edition as amended). Exceptions to the current program may be implemented during the term of this MOU by mutual agreement between the Department and the Union.

The Modified Duty Program permits eligible employees to return to work in a modified duty capacity when an illness or injury prevents employees from performing their regular duties. The program is outlined in the Department General Orders.

The Department shall provide all employees over the age of 40 with a twelve-lead stress EKG examination biannually. If the test suggests an employee is immediately unsafe for fire suppression duties, the Fire Chief will be notified that the employee is not fit for duty. No other information will

The Department shall provide a mandatory physical fitness program to the employees.

21.3 Substance Testing
Bargaining unit employees are subject to the Substance Testing Policy attached as Appendix C to this MOU.

Section 22. Outside Employment
Employees who plan to engage in regular employment during their off duty time must notify the Fire Chief of said employment in writing on the Outside Employment Form.

No employee shall accept outside employment that creates a conflict with their full-time employment with the Department.

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Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment.

Section 23. Disability Accommodations
The Union recognizes that the City has an obligation under law to meet with individual employees who request reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department.

Section 24. Miscellaneous

24.1 Deferred Compensation Program
The City shall provide a volu
compensation plan under this provision belong to the employee, regardless of length of service or reason for separation.

The City shall contribute two and one-
deferred compensation plan. City contributions are tax deferred, and count towards the 457 annual maximum deferral as designated by the IRS. Employees without an existing 457 account with a City sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required.

24.2 Helmets
For as long as the Department continues to issue leather helmets, Battalion Chiefs will be issued a leather helmet at time of promotion. Helmets are to remain with each individual at retirement.

24.3 EMT Certification
Emergency Medical Technician is a mandatory condition of employment for Battalion Chiefs. The Department will provide all necessary training and testing relating to the recertification process at no cost to employees. If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards.

The expenses, in such cases, will be the responsibility of the employee. The six (6) month grace period, if requested, may be extended due to course availability but, employees must enroll and participate in the first available course.

24.4 Staffing
The parties agree that the desired minimum staffing is two (2) Battalion Chiefs per shift, and one (1) Training Chief. Staffing levels are ultimately at the discretion of each city, and based on community need, economic conditions, and City funding.

At the discretion of the Fire Chief, staffing may be increased above the daily minimum of two for potential emergency needs or special events.

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The parties have also met and conferred and reached agreement over procedures and guidelines to staffing Battalion Chief positions which is contained in the Fire Department Manual. During the term of the MOU, any changes to the Fire Department Manual staffing Battalion Chief position must be done by mutual agreement of the parties.

24.5 Total Compensation Survey
Total compensation includes salary, and a variety of other benefits. Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement (CalPERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add-on costs for different incentives or services performed.

Total compensation information will be gathered from similar agencies to determine how the Employ
benchmark classifications compare with comparable positions in other agencies. The agencies used for comparison are listed below.

Berkeley
Fairfield
Fremont
Hayward
Palo Alto
Richmond
San Ramon Valley Fire Protection District
Santa Clara (City)
Santa Rosa
Vallejo

Total compensation arrays will be provided to the Union three (3) months prior to the expiration of the MOU.

24.6 Continuity of Operations
The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or concerted refusal to perform customary duties during the term of this MOU. Further, neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU.

Section 25. Bargaining Waiver and Separability of Provisions Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU.

Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect.

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Section 26. Existing Memorandum of Understanding
This MOU shall supersede all existing memoranda of understanding between the JPA and the Union for employees represented by the Union for the period commencing September 1, 2022 and ending June 30, 2025.

LOCAL 1974, INTERNATIONAL

ASSOCIATION OF FIREFIGHTERS
,

AFL-CIO-CLC

LIVERMORE-PLEASANTON FIRE

DEPARTMENT JOINT POWERS

AUTHORITY

By____________________________
Joseph McThorn

By____________________________
Gerry Beaudin
By____________________________
Dan Moyles

By____________________________
Kurtis Dickey

By____________________________
Marianna Marysheva

By____________________________
Veronica Thomas

By____________________________
Craig Berchtold
By____________________________
Kristen Hilton

By____________________________
Joseph Testa

By_________________________________
Xaviera Scoggins

By_______________________________ ___
Jason Solak

By_______________________________ ___
Tonia Baligh

By_______________________________ ___
Nancy Dias

By_______________________________ ___
Kaylin Larson

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Appendix A
Salary Schedules

*Effective upon Council Approval Monthly Salary Range Annual Salary Range Salary Range $14,859.58 $18,033.83 $178,315 $216,406

Effective January 6, 2024 Monthly Salary Range Annual Salary Range Salary Range $15,305.37 $18,574.85 $183,664 $222,898

Effective January 4, 2025 Monthly Salary Range Annual Salary Range Salary Range $15,458.42 $18,760.60 $185,501 $225,127

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Appendix B
Catastrophic Leave Policy
The catastrophic leave program permits employees to donate hours of sick leave or vacation leave for the purpose of providing eligible employees, upon approval, additional hours of paid leave.

CATASTROPHIC ILLNESS OR INJURY
A catastrophic illness or injury is a major medical condition that disables the employee from working for a protracted period of time.

ELIGIBLE EMPLOYEE
An employee who because of a catastrophic illness or injury has exhausted his/her accrued sick leave or vacation leave, and:

1. Is ineligible for any city disability income benefits; and

2. Has an acceptable sick leave record as determined by the sick leave administrative committee upon the recommendation of the Fire Chief.

DONATING SICK LEAVE
Employees may donate sick leave, or vacation leave to an eligible employee approved for catastrophic leave upon completion of the necessary form. Donations of sick leave once made are irrevocable.

REQUESTING/APPROVING CATASTROPHIC LEAVE
Requests for catastrophic leave must be in writing and be accompanied by a physician's certificate attesting to the catastrophic illness or injury.

ADMINISTRATION
The catastrophic leave shall be administered by a committee comprised of two representatives designated by the Union and two representatives designated by the city manager. The committee shall be responsible for reviewing requests for catastrophic leave and determining the requesting employee's eligibility for such leave. The committee shall recommend to the City Manager of Pleasanton if the request should be approved, the number of catastrophic leave hours to be granted, and under what conditions. The Pleasanton City Manager
decision regarding the request shall be final. (NOTE: Per IRS rules and regulations, all donations received by eligible employees are subject to regular payroll tax deductions.)

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Appendix C

LIVERMORE-PLEASANTON

FIRE DEPARTMENT GENERAL OPERATIONS

G.O.#: EFFECTIVE DATE: PREV. DATE:

SECTION: SUBJECT: Substance Testing Policy Page 1 of 12 Page (s) I. PURPOSE:

Livermore- -free
work environment. This commitment is placed in jeopardy when any employee uses drugs or alcohol in a manner that violates the law or LPFD policy. A department member with a substance abuse problem poses a risk to the safety and welfare of themselves, their co-workers, and the public at- large. This policy is adopted to address the negative effects that drug and alcohol misuse and abuse can cause in the workplace and to prevent future negative effects from occurring, including accidents and injuries.

II. POLICY:

A. All content herein shall be referred to as the LPFD
B. responsible for actively taking
steps to carry out this Policy.

C. This Policy applies to all LPFD employees and individuals seeking employment regardless of rank with respect to alcohol and drugs, including any and all substances, drugs or medications, whet

D. All testing pursuant to this Policy shall be conducted through independent third-party collection facilities, laboratories, and Medical Review Officers, all of whom are not affiliated with LPFD, the City of Livermore, or the City of Pleasanton.

E. With respect to alcohol, the following conduct by Covered Employees is prohibited:

1. consumption of alcohol within four hours of beginning work;

2. purchase of alcohol from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

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3. Distribution, defined as providing alcohol to a fellow LPFD member or member of the public, while on-duty other than as a packaged gift that remains unopened and is

4. Possession of alcohol while at work, excluding unopened alcohol that is stored and

5. consumption of alcohol while on-duty; and

6. consumption of alcohol following an on-duty motor vehicle accident that is subject to post-accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the Covered Employee.

Any Covered Employee who is under the influence of alcohol (i.e., on-the-job impairment) or has the odor of alcohol on their breath will not be permitted to remain on duty.

F. With respect to marijuana/cannabinoids, the following conduct by Covered Employees is prohibited:

1. consumption of marijuana/cannabinoids within four hours of beginning work;

2. purchase of marijuana/cannabinoids from a brick-and-mortar retailer while on-duty and in LPFD uniform, or while on-duty and driving or acting-as-passenger in a vehicle reflecting LPFD insignia;

3. Distribution, defined as providing marijuana/cannabinoids to a fellow LPFD member or member of the public, while on duty;

4. Possession of legal marijuana/cannabinoids while at work, excluding unopened vehicle while parked on LPFD premises;

5. consumption of marijuana/cannabinoids while on-duty; and

6. consumption of marijuana/cannabinoids following an on-duty motor vehicle accident that is subject to post-vehicle accident testing pursuant to this Policy until the Covered Employee is tested or a decision is made to not test the employee.

Any Covered Employee who is under the influence (i.e., on-the-job impairment) of marijuana/cannabinoids will not be permitted to remain on duty.

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G. With respect to drugs other than marijuana/cannabinoids, while on-duty, Covered Employees shall not use, possess, sell, transfer, distribute or be under the influence (i.e., on the job impairment) of any illegal drug recognized as illegal.

H. This Policy does not prohibit Covered Employees from using prescription drugs in the manner prescribed and as deemed safe by a treating health care provider. This Policy does, however, require Covered Employees to notify their Supervisor if they are using a prescription drug while on-duty that, according to the drug manufacturer, a pharmacist, or a physician, may induce drowsiness or otherwise impair their ability to perform the ability to perform assigned duties safely and effectively when using such medications, employee for on-duty use of such medication.

I. LPFD may require a Covered Employee to submit to a drug or alcohol test in accordance with this Policy under the following circumstances: (1) reasonable suspicion; (2) post- accident; (3) return-to-duty; or (4) pursuant to the terms of a Last Chance Agreement.

J. LPFD may discipline a Covered Employee for violation of this Policy, up to and including termination from employment, subject to due process and representation rights.

K. A Covered Employee who tests positive for the first time in violation of this Policy will be offered a Last Chance Agreement in lieu of termination. The Last Chance Agreement will be negotiated between LPFD, the Union and /or the Covered Employee.

Notwithstanding this requirement, LPFD may deny a Covered Employee the offer of a Last Chance Agreement in egregious situations or when the Covered Employee refuses to submit to testing as authorized by this Policy.

L. In an effort to encourage the Covered Employee to take responsibility for their behavior, the Last Chance Agreement or other Agreement will include a requirement, among others, that the Covered Employee undergo an evaluation by a substance abuse professional and complete any recommended treatment. In such instances, the City will offer treatment to the Covered Employee in a substance abuse treatment program recommended by a Substance Abuse Professional.

1. The City will pay seventy percent (70%) of the treatment program costs that are not covered by the Covered Employee's health insurance. The Covered Employee will pay the remaining thirty percent (30%) of the treatment program cost. The for treatment, however, shall not exceed $100,000 for all Union members in a fiscal year.

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2. If the Covered Employee is not otherwise on paid administrative leave or on paid program will be unpaid per the terms of the applicable MOU, but the Covered Employee may elect to use accrued paid time off, if available.

3. During a Covered Employee's career, a second opportunity for treatment may, in he event of a relapse. A Covered Employee
is not eligible for a second treatment opportunity unless considerable time has passed and the Covered Employee is otherwise in good standing. Discipline, which could include termination, will be imposed for the second violation of this Policy. If a second treatment program is allowed in lieu of termination, the Covered Employee will be responsible for the entire cost.

4. To the extent a Covered Employee tests positive for drugs or alcohol in violation of this Policy, completion of a return-to-duty test with a negative test result for the substance at issue will be required before the Covered Employee may return to work.

5. As a condition of continued employment, a Covered Employee who tests positive in violation of this Policy will be subject to unannounced follow-up testing for up to 12 months after the Covered Employee has returned to duty.

M. A Covered Employee who refuses to submit to any required drug or alcohol test authorized by this Policy will be treated in the same manner as a Covered Employee who tests positive on a drug or alcohol test. Refusal to submit to a drug or alcohol test as required by this Policy constitutes insubordination and may result in discipline, up to and including termination, in accordance with full due process and representation rights.

N. Under this Policy, a Covered Employee is deemed to have tested positive for alcohol if test results indicate a concentration of 0.02 or higher.

O. Marijuana/Cannabinoids (Marijuana) will only be considered a violation of this Policy in conjunction with objective signs that support reasonable suspicion as defined in this Policy.

P. To provide Covered Employees with substantial advanced notice regarding this Policy, LPFD will implement this Policy no earlier tha
date.

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III. PROCEDURE:

TYPES OF TESTING
A. Pre- Employment Screening

1. Applicants seeking initial employment with LPFD in any of the job classifications identified in the definition of Covered Employees shall be subject to a pre- employment screening for drugs. Pre-employment screening does not apply to existing LPFD employees applying for promotion or assignment to another position with the LPFD. LPFD will provide notice to applicants that they will be required to undergo and pass a pre-employment drug test as a condition of employment in advance of hiring. In such notice, LPFD will provide a description of the associated drug (and potentially alcohol) test.

2. Applicants who test positive for substances prohibited by this Policy will have an opportunity to demonstrate to a third-party Medical Review Officer that their use of the substance is authorized by a prescription from a health care provider and that such use is in a manner consistent with the instructions set forth in the supporting prescription. If the applicant makes a satisfactory showing, then the positive drug test does not disqualify the applicant from appointment.

3. Applicants found to have a positive screening test for drugs or alcohol shall be disqualified from appointment. Refusing to submit to a pre-employment screening required under this subsection will be deemed a failure of the screening, thereby resulting in a rejection of the
application for the appointment.

B. Reasonable Suspicion

1. Covered Employees are required to submit to a drug or alcohol test authorized by this Policy when a Trained Employee has reasonable suspicion to believe that a means any employee of the LPFD who has participated in the training program further described in this Policy.

2. articulable observations concerning the appearance, behavior, speech and/or body odors of the employee and reasonable inferences drawn from those facts related specifically to job performance, a threat to themselves or the safety of others.

Reasonable suspicion shall be documented on the Observation of Impairment Report, the form of which is attached as Attachment A and is hereinafter referred

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3. A Trained Employee must notify a command staff member immediately of their reasonable suspicion that a Covered Employee is under the influence of drugs or alcohol and the affected Covered Employee must be removed from duty and then provided with an opportunity to explain alternative reasons for the physical symptoms or articulable phenomena. The Covered Employee will be allowed to consult with a union representative before providing any explanation about physical symptoms or articulable grounds allegedly giving rise to reasonable suspicion, and to have the union representative present if the union representative is reasonably available. Such union consultations will not permit a Covered Employee to delay or refuse the inquiry necessary to establish reasonable suspicion (other than explanation from the Covered Employee) or drug testing.

4. A finding of reasonable suspicion must be made before a Covered Employee may be directed to submit to testing. Only a command staff member, or the Human Resources Director
acting upon the information provided by a Trained
Employee is authorized to direct a Covered Employee to submit to testing. The facts underlying the determination of reasonable suspicion shall be disclosed in writing to the Covered Employee at the time the Covered Employee is directed by LPFD or the Human Resources Director to submit to a test. Attachment A shall be used to document the determination of reasonable suspicion.

5. A command staff member or the Human Resources Director of Pleasanton shall arrange for the testing and transport of the Covered Employee to the testing site.

6. After the Covered Employee submits to testing, they will be prohibited from returning to work during the same shift. The Covered Employee shall be paid for the remainder of such shift. The Covered Employee will be precluded from returning to work while LPFD waits to receive test results. To the extent the Covered Employee misses a pre-scheduled shift during this period, they will receive paid leave. If, after receiving test results, LPFD desires to place the Covered Employee on unpaid leave for any period, the Department must provide a Skelly hearing in advance of any such decision.

7. LPFD shall provide a program of training to assist Trained Employees in identifying Covered Employees who are under the influence of drugs or alcohol.

Such training will be aimed to help recognize the conduct and behavior giving rise to reasonable suspicion of substance abuse. Trained Employees must attend annually one hour of training, provided or approved by Human Resources Director for the City of Pleasanton, on alcohol misuse and substance abuse.

8. An initial finding of reasonable suspicion and direction to submit to testing must be documented in writing by the Trained Employee who identifies that a Covered

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Employee is under the influence of drugs or alcohol on the Observation of Impairment Report.

The Observation of Impairment Report shall detail in writing the specific facts, determination that reasonable suspicion exists. The Trained Employee must complete and submit their portion of the Observation of Impairment Report to a command staff member, or the Human Resources Director who will confirm that the form documents reasonable suspicion and sign the form. The Observation of Impairment Report must be completed in advance of testing. The Human recordkeeping purposes.

C. Post-Accident Testing

1. Post-accident/drug and alcohol testing will be conducted for Covered Employees who were operating a LPFD vehicle directly involved in an accident that results in serious bodily injury to any person or causes substantial damage to property.

Post-accident drug and alcohol testing will also be conducted for Covered Employees who were operating LPFD heavy/dangerous equipment that directly caused serious bodily injury to any person. For purposes of this provision, ydraulic
spreaders/pullers/rams/cutters, chainsaws, and circular saws.

2. Post-accident alcohol and drug tests shall be administered within two hours following an accident to the extent practicable. If the test is not performed within two hours, then LPFD must provide written documentation to the City of Pleasanton Human Resources Director as to why the test was not promptly conducted. A post-accident drug test shall be conducted within 72 hours following the accident. If the post-accident drug test is not conducted within 72 hours following the accident, then LPFD must provide written documentation to the Human Resources Director as to why such testing did not occur. Any drug testing administered after two hours but up to 72 hours is done to accommodate operating hours of the testing facility.

D. Return-to-Duty And Follow-Up Testing

1. A Covered Employee must submit to a return-to-duty test before they resume performance of their job duties where they have either: a) tested positive following testing ordered under this Policy; b) have refused to comply with an order to submit to testing authorized by this Policy; or c) admitted to alcohol or drug use in violation of this Policy.

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2. If a Covered Employee tested positive for alcohol or any of the drugs covered under this Policy, then they must test negative for the substance at issue before they can resume performance of their job duties.

3. In addition, the Covered Employee will be subject to follow-up testing. The Covered Employee will be subject to monthly unannounced drug or alcohol tests rning to their position following
the violation. Follow-up testing shall be conducted in addition to any other testing to which the Covered Employee is subject under this Policy.

E. Testing Process and Standards

1. All testing services pursuant to this Policy shall be conducted through independent third-party Collection Facilities, HHS-certified laboratories, and Medical Review Officers, all of whom are not employed by the City of Pleasanton or the City of Livermore. Such services shall include, breath or saliva alcohol testing, urine specimen collection, laboratory testing, and medical review.

2. Drug Testing
Once a determination is made to require a Covered Employee to be drug tested, the information supporting the determination will be made accessible to the Human Resources Director for the City of Pleasanton (Human Resources Director).

3. Alcohol Testing
Positive alcohol test results will be reported to the Human Resources Director, and the LPFD Fire Chief.

Substances considered to be a violation under this Policy shall be limited to:

Alcohol;
Marijuana/Cannabinoids (Marijuana)(only in conjunction with objective signs that an employee may be impaired by
Marijuana/Cannabinoids on the job.)
Illegal Drugs; and
Prescription drugs and other substances which may impair an of the job.

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4. Sample Collection/Breath Alcohol Testing
Testing must be conducted in accordance with the agreement between the LPFD and the third-party administrator. However, this does not prohibit LPFD from using BAC test results lawfully obtained from a local law enforcement agency that conducted its own investigation of a Covered Employee involved in the vehicle accident at issue.

5. Test Results
The results of the laboratory analysis will be forwarded to a third-party Medical Review Officer. If the results are negative (no drugs or alcohol detected), then the Medical Review Officer will notify the Human Resources Director and the Covered Employee shall be returned to work promptly. If the laboratory confirms a positive result (drugs or alcohol detected), then the Medical Review Officer will first contact the Covered Employee at the telephone number provided to give the Covered Employee the opportunity to discuss the test results and to submit information demonstrating authorized use of the drugs in question. The Medical Review Officer will make a final determination and notify the Human Resources Director. The Covered Employee may request a split Covered Employee desires an alternative laboratory to test a split sample, the alternative laboratory must be approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Covered Employee must pay for such testing at their own expense.

LPFD and the City of Plea
maintain the confidentiality of drug and alcohol test results as required by federal and state law. Only persons needing to know test results will have access to them. Test results may be used in conjunction with an appeal process and/or litigation, and as such, test result records will be made available as necessary. Results may be sent to federal and/or state agencies as required by law.

6. Consent and Refusal
Before a drug test is administered, Covered Employees will be required to sign a consent form authorizing the test and permitting release of test

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results to the LPFD Fire Chief or their designee and City of Pleasanton representatives with a need-to-know. Failure to sign such form will be cause to terminate the application process and deny employment for applicants and will constitute insubordination for Covered Employees.

A job applicant who refuses to consent to testing will be denied employment with LPFD.

constitutes insubordination and may result in administrative action, up to and including termination, subject to full due process and consistent with all representation rights.

Any of the following constitutes a refusal to test:
o Failure to proceed immediately to the designated testing site after being directed to do so.
o Failure to permit transportation by LPFD personnel to the designated testing site or unreasonably delaying transport or arrival at the designated testing site after being directed to go to the designated testing location;
o Failure to remain at the designated testing location until testing is completed;
o Failure to provide a specimen or sample or a sufficient amount of the specimen or sample as directed by a specimen
collector/technician without medical explanation as determined by medical evaluation;
o Failure to sign the appropriate forms when asked to do so by the specimen collector/technician;
o Declining to take a second test as directed;
o Failure to cooperate with testing process (e.g., refuse to empty pockets when so directed by the collector; behave in a
confrontational way that disrupts the collection process) or engaging in any conduct that obstructs or does not allow for the successful completion of the testing process;

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o Medical Review Officer report that Covered Employee has verified adulterated or substituted test result;
o Admission by Covered Employee that he or she adulterated or substituted their specimen;
o Observed possession or wearing of a prosthetic or other device that could be used to interfere with the collection process at time of collection; or
o Refusal to wash hands in advance of providing a specimen, after being directed to do so.

Where there is a reasonable suspicion that the Covered Employee is presently under the influence of alcohol or drugs, LPFD shall allow the Covered Employee time to arrange to be safely transported home. The Covered Employee shall not be permitted to transport themself.

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ACKNOWLEDGEMENT
understand the Policy, and agree to abide by it. I understand the Policy may be updated in the future.

Employee Signature Date

Employee Name (printed)
This form shall be retained by Human Resources.

Please complete and return this form immediately.

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OBSERVATION OF IMPAIRMENT REPORT

REASONABLE SUSPICION RECORD
Employee Name: ___ Employee ID No. ___________
Observation Date: ____________ Time: (from a.m./p.m. to ______a.m./p.m.) Location: _____________________________________________________________________ Street City State Zip This form is used to help determine if there is reasonable suspicion to believe a Covered Employee is impaired by alcohol or drugs while on the job and to document pertinent findings. Reasonable suspicion must be based on specific contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the person suspected of being impaired by alcohol or drugs in violation of the LPFD policy.

OBSERVATIONS:

Detail the specific facts, symptoms and observations that form the basis for your determination that the Covered Employee is impaired by alcohol or drugs while on the job. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ TRAINED EMPLOYEE COMPLETING THE ASSESSMENT:

_____________________________________________________________________________ Signature Print Name Rank Date Time

CONFIRMING WITNESS:

_____ Concur is the above findings.

______________________________________________________________________________ Signature Print Name Rank Date Time

APPROVED BY:

_____________________________________________________________________________

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LPFD Battalion Chiefs Performance
Evaluation

PART I: PERFORMANCE STANDARDS
PREVIOUS YEAR: (Identify Evaluation Period)

EMPLOYEE NAME: DEPARTMENT:

EVALUATOR NAME: EVALUATOR DEPARTMENT:

Management Employee Standards Exceeds
Expectations
Meets
Expectations
Fails to Meet
Expectations

Customer Service and Community
Relations

Interpersonal Effectiveness and Teamwork

Communication Skills

Organizing and Planning

Financial Resource Management

Flexibility, Adaptability and Initiative

Decision Making and Problem Solving

Professional Knowledge, Skills and Abilities

Leadership Skills

Human Resource Management

Integrity and Ethics

Overall Rating

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LPFD Battalion Chiefs Performance
Evaluation

PART I: PERFORMANCE STANDARDS (Cont.)
PREVIOUS YEAR: (Identify Evaluation Period)

Evaluator comments are required for any ratings of

Evaluator Comments:

Employee Comments (if any):

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LPFD Battalion Chiefs Performance
Evaluation

PART II: DEPARTMENT & INDIVIDUAL GOAL ACHIEVEMENT
PREVIOUS YEAR: (Identify Evaluation Period)

DEPARTMENT:

EMPLOYEE NAME AND TITLE:

EVALUATOR NAME AND TITLE:

List each of the applicable FY (Identify Year) department goals, then each personal goal. Have the employee summarize their work on each goal, then write your comments.

Goal

Employee Comment

Evaluator Comment

Goal

Employee Comment

Evaluator Comment

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PART II: DEPARTMENT & INDIVIDUAL GOAL ACHIEVEMENT
(Cont.)

PREVIOUS YEAR: (Identify Evaluation Period)

Goal

Employee Comment

Evaluator Comment

Goal

Employee Comment

Evaluator Comment

Goal

Employee Comment

Evaluator Comment

Add additional pages as needed

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LPFD Battalion Chiefs Performance
Evaluation

GOALS
UPCOMING YEAR: 2005 2006

DEPARTMENT:

EMPLOYEE NAME AND TITLE:

APPROVED BY (NAME AND TITLE):

List each of the FY05-06 applicable department goals and then each personal goal.

Continue on next page or pages as needed

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LPFD Battalion Chiefs Performance
Evaluation

SUMMARY COMMENTS
PREVIOUS YEAR: (Identify Evaluation Period)

Evaluator Comments (if any):

Employee Comments (if any):

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LPFD Battalion Chiefs Performance
Evaluation

SIGNATURES

______________________________________________________________________ Completed by: (Evaluator) Date

______________________________________________________________________ Approved by: Date

Discussed w/ employee on

______________________________________________________________________ Date

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APPENDIX A

CURRENT YEAR DEPARTMENTAL GOALS
CURRENT YEAR: (Identify Year)

DEPARTMENT HEAD: DEPARTMENT:

List all of the FY (Identify Year) goals of the Department including those from Council Priorities

Continue on next page or pages as needed

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APPENDIX B

NEW DEPARTMENTAL GOALS
UPCOMING YEAR: (Identify Year)

DEPARTMENT HEAD: DEPARTMENT:

List all of the FY (Identify Year) goals of the Department including those from Council Priorities

Continue on next page or pages

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MOU NEGOTIATIONS BETWEEN
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1974

BATTALION CHIEFS
AND
THE LIVERMORE~PLEASANTON FIRE DEPARTMENT JOINT POWERS

AUTHORITY (LPFDJPA)

BATTALION CHIEF STAFFING POLICY

I. BC Staffing Policy:

To establish procedural guidelines for staffing Battalion Chiefs positions. Staffing decisions for situations not specifically addressed in this policy will be made considering all factors and what is best for the organization and impacts on personnel.

II. Responsibility:

B. Battalion Chiefs are responsible for managing their staffing calendar.

C. Battalion Chiefs will check their staffing calendar at least once per day when on duty.

D. Battalion Chiefs shall ensure all contact information is accurate.

III. Définitions :

A. Shift Fill Assignments made voluntarily to maintain adequate staffing levels.

Availability is indicated in the staffing time & attendance software as a sign-up.

B. Mandatory Shift Fill Assignments made involuntarily to maintain adequate staffing levels. Individuals have not made themselves available in the staffing time & attendance software.

C. Emergency Recall Assignments made voluntarily or involuntarily due to an Emergency staffing.

D. Selection Factor Accrued hours worked used to award Shift Fill. This selection factor will reset November 25th of each calendar year.

E. Pick List
to be assigned shift-fill, from lowest factor to highest factor.

F. Mandate List Rotational list that resets November 25 th of each year, based on rank seniority, with the least senior member at the top of the list and the most senior member at the bottom of the list.

G. Operational Period Work period for regularly scheduled calendar day, i.e., 24 hours, 10 hours
H. Shift Battalion Chief Battalion Chief assigned to the 56-hour work week.

I. 40-Hour Battalion Chief Battalion Chief assigned to the 40-hour work week.

J. Captain of Rank (COR)- A individual who has opted into the Captain of Rank program and previously held the rank of Fire Captain within the LPFD K. Acting Battalion Chief (ABC)-
promotional list.

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NOTE: Refer to Section IV.N - Out of Class Trial Section for COR and ABC Information

L. Holdover- Battalion Chief holdovers less than (3) hours will not receive Stipend Pay. If the holdover is beyond 3 hours the Battalion Chief will be compensated for all time in excess of three (3) hours at their current Stipend Pay rate in 15-minute increments. Any holdover of more than (3) hours will result in mandate credit.

Stipend Pay Worked Paid As

1 through 15 minutes 15 minutes
16 through 30 minutes 30 minutes
31 through 45 minutes 45 minutes
46 through 60 minutes 60 minutes

IV. Procedure:

A. Staffing will be filled 6 days out for all known vacancies and/or assignments.

B. Individuals shall indicate their availability in the staffing time & attendance software (Sign- Up)
C. Assignments will be made based on the following procedure:

1. Shift Battalion Chief Availability: Sign-Up

o Yes Award to available Shift Battalion Chief based on selection factor (96 Hour Max)
o No 40 Hour Battalion Chief Availability

2. 40 Hour Battalion Chief Availability: Sign-Up
Yes Fill with 40 Hour Battalion Chief based on Selection Factor No Fill with Deputy Chief

3. Deputy Chief Availability: Sign-Up

Yes Fill with Deputy Chief based on selection factor.

No Move to Mandatory Shift Fill

4. Mandatory Shift Fill: 96 Hour Maximum

Mandate a Shift Battalion Chief based on the Mandate Rotational List o NOTE: 40 Hour Battalion Chiefs are EXEMPT from Mandates If no Shift Battalion Chiefs are eligible move to CONTIGENCY STAFFING

5. Contingency Staffing: 120 Hour Maximum

Assignments will be made voluntarily (sign-up) or involuntarily (mandatory).

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6. No Battalion Chief Eligibility: Rule Breaks

7. Rule Breaks: Shall occur in the following order of sequence:

o Trade Off Protection
o Trade Off Revocation
o Vacation Protection
o Vacation Revocation (Non-Annual Vacation Pick)
o Vacation Revocation (Annual Vacation Picks)

D. All vacancies will be filled using the procedures outlined above.

Exception: See Holiday Staffing

E. Battalion Chiefs may not act out of class anytime there is a mandatory assignment within their rank. Battalion Chiefs who were previously assigned to fill a Captain vacancy will be reassigned to the vacancy in their perspective rank, and the captain vacancy will be filled as outlined in their staffing policy.

F. Battalion Chiefs may not exceed 96 hours of continuous work, unless in Contingency Staffing, and must have a minimum of 12 hours off after any 120-hour continuous work period, except in emergency situations as determined by the fire chief and/or their designee.

G. Personnel not available when assignment(s) are made are NOT entitled to the shift(s). This would include, but is not limited to, assignments on a Strike Team, previous alternate assignments, or injury with work restrictions.

H. Battalion Chief who has a signed release from a physician on record with the Deputy Chief is eligible for shift-fill, voluntarily or involuntarily effective from their release date.

I. A Battalion Chief returning from a Strike Team exceeding 48 hours shall have a minimum of 24 hours off and shall not work the next calendar day.

J. Individuals may be awarded voluntary shift fill for any portion of a 24-hour shift unless they have indicated their availability otherwise in staffing.

NOTE: This does not prevent mandatory assignment for additional hours

K. Additional vacancies occurring under 6 days, will be filled using the procedure outlined above with the following exceptions:

1. Individuals assigned fewer hours than the vacancy(s) needing filled, who indicated their availability, will be assigned the shift(s) with the greater number of hours.

2. Mandatory Assignments will continue to be assigned on a rotational basis, using the mandate list. Upgrades will not occur unless it is necessary to prevent rule breaks.

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3. Vacancies occurring 37 hours or less to the operational period will be filled using the same algorithm outlined above; however, the first person contacted shall be awarded the shift(s).

L. Promotions / Long-Term Acting (ABC):

A newly promoted Battalion Chief will be assigned a selection factor commensurate with the highest factor in their perspective rank or classification, plus (1) one hour. A Captain assigned to a long-term acting assignment shall have their factor assigned as outlined above. Their factor in their respective rank will be locked. Upon returning to their rank all hours worked in the acting assignment will be added to their respective rank factor.

M. Finding Relief - Personnel may find relief for all, or part of their assigned shift(s), provided they follow the following procedure:

1. Contact personnel who have indicated their availability, who have been assigned fewer hours than the shift being offered; acceptance is voluntary.

2. Contact personnel who have indicated their availability, who have not yet been assigned shift fill - acceptance is voluntary.

3. Contact any remaining personnel within the rank - acceptance is voluntary.

4. Contact Deputy Chiefs - acceptance is voluntary.

N. Mandatory Shift Fill Relief:

1. Contact personnel within the rank - acceptance is voluntary.

2. Personnel are free to swap mandatory assignments.

3. Contact Deputy Chiefs - acceptance is voluntary.

4. Only one (1) individual, working a minimum of two (2) hours, will receive credit for the mandatory shift.

5. Individuals who find their own relief are EXEMPT from the mandatory assignment during the operational period in which they found relief. This applies only to the original agreement.

O. Sick Leave - -2000 or the morning of,
or between 0630-0700 hours, of their need to use sick leave. Battalion Chiefs using sick leave will be placed off for both operational periods (48 hours). If the BC is well enough to return to work for the second operational period, they must contact the Staffing Captain between 1900-2000 hours the night before the second shift. In the event the Staffing Captain is unavailable, contact the designated Staffing Battalion Chief.

EXCEPTION: The use of family sick leave or sick leave for medical appointments can be used for actual time needed. The use of sick leave for medical appointments requires approval from the Fire Chief or their designee.

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P. Trades Refer to MOU Section 6.1

Employees may request Trades for any duration, with any employee in the same rank and working the same schedule.

Under normal staffing operations, personnel off on approved trade(s) for not less than 12 hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift.

EXCEPTION: See Holiday Staffing

Q. Vacation
Refer to the MOU Section 9.0
.

Under normal staffing operations, personnel off on approved vacation for not less than twelve (12) hours, will receive mandate protection from 0800 on the off-going shift, until 0800 hours on the day the employee is returning for their regularly assigned shift.

EXCEPTION: See Holiday Staffing

Employees may request vacation outside the twelve (12) or twenty-four (24) use requirements, provided they provide the name of their relief. This is a one-one agreement, and not subject to upgrades as outlined in Section H.

R. Holiday Staffing Holidays will be filled as follows:

July 4 June 4
Thanksgiving October 25
Christmas Eve & Christmas Day November 25 (Christmas Day filled 1st)

Battalion Chiefs are required to use three (3) consecutive 24-hours of approved vacation to receive mandate protection between December 15 January 5. Vacation must be canceled prior to the vacancy being filled during this same period.

Approved trades of any duration during this same period DO NOT provide mandate protection.

S. Emergency Relief:

1. Personnel who determine a personal emergency will preclude them from remaining on- duty, will advise the Deputy Chief(s)

2. Notification will include the nature of the emergency, anticipated time off needed, and whether they will be able to return to work.

3. Personnel may elect the use of family sick leave or secure a trade or vacation with identified relief.

4. Personnel shall remain on-duty until their replacement arrives, unless the nature of the emergency require immediate release (Deputy Chief approval)

EXHIBIT A
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T. Out of Class Work Trial PeriodMOU Section 5.9

Both parties have agreed to a one (1) year trail period that allows a Battalion Chief to fill vacancies in the Captains Rank; AND Deputy Chiefs to fill vacancies in the Battalion Chief Rank, ONLY to minimize and/or prevent mandatory shift fill. As a result, several procedural changes relative to this Staffing Policy were implemented. At the conclusion of the one (1) year trial period, Out of Class Work will end, unless mutually agreed to by the fire chief and local 1974 to extend the trail period.

If the trial period is extended, the department and local agree to work on developing position task books for Fire Captains, Battalion Chiefs, and Deputy Chiefs. The goal of these task books is to provide qualification tracks for short-term acting of Captains to Battalion Chiefs, Battalion Chiefs to Captain, and Deputy Chiefs to Battalion Chiefs. The completion of these task books would prepare and qualify personnel for an out of class work assignment. Battalion Chiefs and Deputy Chiefs who are promoted internally would not be required to complete Position Task Books for out of class assignments. Captains would need to have successfully completed the Battalion Chiefs Promotional Exam and be placed on the active eligibility list for Battalion Chief.

If the trial period is terminated, Deputy Chiefs will no longer be eligible to work out of class in the Battalion Chief Rank; AND Battalion Chiefs will no longer be eligible to work out of class in the Captains Rank, EXCEPT to prevent station closures, resulting from the lack of available Fire Captains.

EXHIBIT A
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.15

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

SUMMARY
The City’s adopted Investment Policy states that the City Council shall approve any modifications to the policy. With the selection of Meeder in September of 2022 as the City’s investment advisor, they have made recommendations to update the Investment Policy to eliminate the references to broker/dealers as they are no longer being used and other changes to mirror current California Government Code.

DISCUSSION
California Government Code Sections 53600 through 53659 defines the types of investments that municipal government can include in their portfolio, limits on the level of these investments, and the oversight required for the portfolio. The Investment Policy establishes strategies, practice, and procedures which are used in the administration of the City’s portfolio.

Staff has reviewed the proposed policy for consistency with State law and the City’s current investment strategies. There are proposed minor changes to the City’s investment policy. The changes outlined below will allow the City’s investment advisor to have the authority to invest funds in compliance with the Government Code and earn the best possible return.
1 .

Elimination of references to broker/dealers and the broker/dealer questionnaire as we are now using an investment advisor.
2 .

Elimination of language that is repeated throughout the Investment Policy. 3 .

Addition of authorized investments in Joint Powers Authority (JPA) organized under section 6509.7 in addition to the one already authorized in LAIF.
4 .

Changes to maximum investment percentages to be in compliance with California Government 361
Code. Current policy is more restrictive than code.
5 .

Changes to credit rating minimums to be in compliance with California Government Code. Current policy is more restrictive than code.

The State of California gives the City Council, in its capacity as the legislative body of the City and its related entities, the ability to delegate the investment authority to the City Treasurer (acting in the capacities of City Treasurer and treasurer of the City's related entities) for a one-year period in accordance with Section 53607 of the California Government Code. The delegation requires renewal each year.

On April 25, 2022, the City Council adopted Resolution No. 2022-062, determining that the person serving as the Administrative Services Director shall also serve as the City Treasurer and appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer.

The delegation of investment authority and responsibility from the City Council to the Administrative Services Director/ City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal implications associated with the recommended action.

COMMUNITY PILLAR
5: A City That Works

GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. Investment Policy Red Line

2. Resolution

3. Exhibit A - Investment Policy

Prepared by: David
Doyle
Accounting Supervisor

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
362

INVE

STMENT POLICY
Adopted: June 267, 20232
P
repared By:

Administrative Services Department
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TABLE OF CONTENTS

Page
Section I Policy Introduction ......................................................................................... 1 Section II Scope .............................................................................................................. 1 Section III Prudence ......................................................................................................... 1 Section IV Investment Objectives .................................................................................... 2 Section V Authority to Invest Monies ............................................................................ 2 Section VI Ethics and Conflicts of Interest ...................................................................... 2 Section VII Authorized Financial Dealers & Institutions .................................................. 3 Section VIII Authorized and Suitable Investments ........................................................... 34 Section IX Investment Pools and Mutual Funds .............................................................. 8 Section IX Collateralization ........................................................................................... 89 Section XI Safekeeping and Custody ............................................................................. 89 Section XII Diversification, Maturity, Credit Quality ....................................................... 9 Section XIII Maximum Maturities .................................................................................... 89 Section XIIV Internal Control .......................................................................................... 810 Section XV Performance ................................................................................................... 10 Section XIIIVI Reports of Investment Activities ................................................................ 910 Section XIVII Adoption ................................................................................................... 910 Appendix A Comparison of Permitted Investments ........................................................... 11 Appendix AB Glossary of Investment Terms ................................................................... 102 Appendix C Broker/Dealer Questionnaire .......................................................................... 20 ATTACHMENT 1
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I. POLICY INTRODUCTION

Monies not required for immediate expenditure by the City of Livermore shall be invested in compliance with governing provisions of law and this policy. The City will maintain adequate cash availability and strive for a yield on invested idle funds which is commensurate with the objectives of safety of principal and liquidity.

II. SCOPE

This investment policy applies to all financial assets under direct control of the City of Livermore.

These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR)Annual Comprehensive Financial Report (ACFR) and include the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, certain Trust and Agency Funds, and other funds that may be created from time to time. The City holds no pension trust funds for which it is accountable.

This policy does not apply to investment activities of moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or certificates of participation. Such funds are invested in accordance with the statutory provisions governing the issuance, or if there are no specific statutory provisions in accordance with the ordinance, resolution, indenture, or agreement of the City providing for the issuance. These funds are identified in the Balance Sheet/Statement of Net Position and in the notes to the Financial Statements of the City’s Comprehensive Annual Financial Report (CAFR) Annual Comprehensive Financial Report as “Cash and Investments with Trustee”.

III. PRUDENCE

The City adheres to the guidance provided by the "prudent investor standard," which obligates a trustee acting as a fiduciary to ensure that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Exercise of prudence considers the probable safety of capital as well as the probable income to be derived.

This standard of prudence shall be applied in the context of managing an overall portfolio.

Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that deviations from expectation are reported in a timely fashion, and appropriate action is taken to control adverse developments.

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IV. INVESTMENT OBJECTIVES

The primary objectives, in priority order, of the City of Livermore's investment activities shall be:

 Safety of principal is the primary objective of the investment program.

Investments of the City of Livermore shall be undertaken in a manner that seeks to ensure that capital losses are avoided, whether they be from credit risk or market risk. To attain this objective, the portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segments, or in individual financial institutions.

 Liquidity of the portfolio guarantees the City's ability to meet all operating requirements which might reasonably be anticipated.

 Return on Investment. The City of Livermore's investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and the cash flow characteristics of the portfolio.

V. AUTHORITY TO INVEST MONIES

Pursuant to Chapter 2.28 of the Livermore Municipal Code, the Director of Administrative Services is authorized to assume and perform all municipal functions relating to investments of the City subject to the annual delegation of investment authority from the City Council to the City Treasurer pursuant to Government Code section 53607. The Director of Administrative Services serves as the City Treasurer pursuant to the City of Livermore Resolution No. 2022- 062.

The Director of Administrative Services shall establish written procedures for the operation of the investment program consistent with this policy. The City Treasurer/Director of Administrative Services may delegate the authority to conduct investment transactions and to manage the operation of the investment portfolio to other specifically authorized staff members. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Administrative Services.

VI. ETHICS AND CONFLICTS OF INTEREST

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment officials shall disclose any material financial interests in financial institutions that conduct business within the City and they shall further disclose any material personal financial or investment positions that could be related to the performance of the City's portfolio. All persons authorized to place or approve investments shall report annually on Form 700 of the California Fair Political Practices Commission all required economic interests for that year.

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VII. AUTHORIZED FINANCIAL DEALERS & INSTITUTIONS

In order to provide for the optimum yield in the investment of the City funds, the City's investment procedures shall be designed to encourage competitive bidding on transactions from approved financial dealers and institutions. Selection of financial institutions and broker/dealers authorized to engage in transactions with the City shall be at the sole discretion of the City , or the City’s designated investment adviser.

Only authorized financial dealers and institutions defined under California Government Code Section 53601.5 shall be allowed to conduct business with the City. Authorized financial dealers and institutions defined under California Government Code Section 53601.5 shall be defined as one of the following:

(i) Direct issuers of securities, or
(ii) An institution licensed by the State of California as a broker-dealer, as defined in Section 25004 of the California Corporations Code, or
(iii) A member of a federally regulated securities exchange, or (iv) A national or state-chartered bank, a savings association or federal association, or (v) A brokerage firm designated as a primary government dealer by the Federal Reserve Bank.

The Director of Administrative Services shall maintain a list of financial institutions and broker- dealers authorized to provide investment services conforming to the California Government Code Section 53601.5 after a careful review of their qualifications and creditworthiness. These may include “primary” dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net Capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. Financial institutionsSEC Registered Investment Advisers, authorized to provide investment services to the City, shall utilize broker- dealers who are duly licensed and authorized to provide investment services in the State of California. but shall not be limited to the list of approved broker/dealers maintained by the City of Livermore.

The firms and individuals, providing investment services to the City, must be knowledgeable and experienced in public agency investing, institutional trading practices and the California Government Code as related to investments. In addition, anyone providing financial services to the City must adhere to the investment policies of the City Of of Livermore as adopted by the City Council. The broker/dealer firms should have the ability to meet all of their financial obligations in dealing with the City.

All financial institutions and broker/dealers who desire to conduct investment transactions with the City must provide the following documents annually to the Director of Administrative Services:

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 "Broker/Dealer Questionnaire" (Appendix C) and related documents  Audited financial statements
 Proof of Financial Industry Regulatory Authority (FINRA) certification  Proof of State registration
 A statement certifying that the institution has reviewed the City’s Investment Policy and California Government Code Section 53600 et seq. and that all securities offered to the City shall comply fully with all provisions of the Policy and the California Government Code.

An annual review of the financial condition and registrations of qualified bidders will be conducted by the Director of Administrative Services. Audited financial statements for most recently ended fiscal year are required to be on file for each financial institution and broker/dealer in which the City invests.

Upon adoption, and when changes are made thereafter, the City shall send a copy of the current investment policy to all parties approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the dealer understands the City's investment policies, and intends to show the City only appropriate investments. Any party directly executing investment transactions on behalf of the City shall sign a copy of this investment policy acknowledging comprehension and receipt.

VIII. AUTHORIZED AND SUITABLE INVESTMENTS

The City shall be governed by Government Code § 53600 et seq. The City's investment portfolio may include the instruments listed below, subject to the specific provisions of the Government Code, with any more restrictive credit rating minimums mentioned below.. A side by side comparison of the City’s specific permitted investment guidelines to California State requirements can be found in Appendix A.

1. U.S. Treasury obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. Up to 100 percent of the City’s investment portfolio may be invested in government obligations.

2. Federal agency or United States government-sponsored enterprise obligations , participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. This shall include any mortgage pass through security issued and guaranteed by a Federal Agency with a maximum final maturity of five years. There is no limit to that amount of the City’s portfolio that may be invested in Federal Agency or GSE securities.

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settlement; (2) Obligations of the City of Livermore and the Successor Agency to the former Redevelopment Agency of the City of Livermore, including tax allocation bonds; and (3) Special Assessment District Improvement Bonds issued by the City of Livermore related to special assessment districts. Such obligations must be rated at least “A-1”, or the equivalent, short-term; or “A” or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria. Up to 100 percent of the City’s investment portfolio may be invested in California municipal obligations.

4. Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of these states. Such obligations must have a final maturity not exceeding five years from the date of trade settlement, and rated at least “A-1”, or the equivalent, short-term; or “A”, or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria.

5. Supranationals. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a final maturity not exceeding five years from the trade settlement, and eligible for purchase and sale within the United States. Supranationals shall be rated at least “AA” or the equivalent by a NRSRO at the time of purchase. The aggregate investment in supranationals shall not exceed 30% of the City’s total portfolio.

6. Repurchase Agreements and Reverse Repurchase Agreements used solely as short- term investments not to exceed 30 days. Up to 20 percent of the City’s investment portfolio may be invested in repurchase and reverse purchase agreements.

A. Repurchase agreements will be entered into subject to a Master Repurchase Agreement between the dealer and the City. The term of the agreement may not exceed one year. In addition, the market value of the securities that underlay a repurchase agreement must be valued at 102 percent or greater of the funds borrowed against those securities at the time of purchase and the value must be adjusted not less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back to 102 percent no later than the next business day.

B. Reverse repurchase agreement s or securities lending agreements may be utilized only when all of the following conditions are met:

a. The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the City for a minimum of 30 days prior to sale.

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b. The total of all reverse repurchase agreements and securities lending agreement on investments owned by the City does not exceed 20 percent of the base value of the portfolio.
c. The term does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and final maturity date of the same security. d. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.

7. Bankers' Acceptances , otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. An acceptance is high grade negotiable instrument. Purchases of Banker's Acceptances may not exceed 180 days maturity or 40 percent of the City’s investment portfolio. However, no more than thirty percent of the agency’s money may be invested in bankers’ acceptance of any one commercial bank.

8. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical-rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (A) or paragraph (B):

A. The entity meets the following criteria: (a) Is organized and operating in the United States as a general corporation; (b) Has total assets in excess of five hundred million dollars ($500,000,000); (c) Has debt other than commercial paper, if any, that is rated “A” or higher by a nationally recognized statistical- rating organization (NRSRO).

B. The entity meets the following criteria: (a) Is organized within the United States as a special purpose corporation, trust, or limited liability company; (b) Has program wide credit enhancements including, but not limited to, over collateralizations, letters of credit, or surety bond; (c) Has commercial paper that is rated “A-1” or higher, or the equivalent, by a nationally recognized statistical- rating organization (NRSRO).

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Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed fifteen 25 percent of the City's surplus funds. In addition, no more than 10 percent of the City’s total portfolio may be invested in any one issuer of commercial paper.

9. Medium-term corporate notes issued by corporations organized and operating within the United States or by depository institutions licensed by the U.S. or any state and operating within the U.S. Medium-term corporate notes shall be rated in a rating category "A" or its equivalent or better by a nationally recognized rating service. Further restrictions are a maximum term of five years to maturity and total investments in Medium Term Corporate Notes may not exceed 30 percent of the City's surplus money.

10. Insured/Collateralized Savings accounts. Deposits in FDIC insured financial institutions located in California including, but not limited to, demand deposit accounts, savings accounts, market rate accounts, negotiable order of withdrawal accounts, and non-negotiable certificates of deposits are required to be collateralized as specified under Government Code. Collateral may be waived for any portion that is covered by federal deposit insurance. The amount on deposit shall not exceed the shareholder’s equity of any depository bank, nor shall the deposit exceed the total net worth of any institution. In addition, the financial institution must have received a minimum overall satisfactory rating for meeting the needs of California Communities in its most recent evaluation under the Community Reinvestment Act.

11. FDIC insured or fully collateralized time certificates of deposit. Purchases of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio. For deposits exceeding $250,000 the City require that financial institution collateralize at 110%.

12. Negotiable certificates of deposit or deposit notes issued by a nationally or state- chartered bank or a state or federal savings and loan association or by a state or federal credit union or by a state-licensed branch of a foreign bank.

The City Council and the treasurer or other official of the City having legal custody of the money are prohibited from investing the City’s funds, or funds in the custody of the City, in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council of the City of Livermore or any person with investment decision making authority in the City Manager’s office, or administrative service department, or the City’s treasurer’s office also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposits.

Purchase of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio.

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13. State of California's Local Agency Investment Fund (LAIF). Investment in LAIF may not exceed the legally authorized limits. Effective January 1, 2020, the limit is $75 million per account established by State of California Local Agency Investment Fund.

13.14. Other JPA Investments (Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7. These investments are similar to LAIF above in they are short-term liquidity investments.

14.15. Mutual Funds (Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C.

Sec. 80a-1, et seq.)) . The Mutual Fund must be restricted by its bylaws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment pursuant to this subdivision these companies shall either: (A) have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations or (B) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds and with assets under management in excess of $500,000,000.

A further restriction is that the purchase price of shares of the mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed 15percent 20 percent of the local agency's surplus money. In addition, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one Mutual fund.

If the Government Code is amended to allow additional investments or is changed regarding the limits on certain categories, the City is authorized to conform to the changes in the revised Code, provided that the changes are not specifically prohibited by the City's policy. These changes will presented in the annual review of the policy and will be incorporated into the policy at that time.

IX. INVESTMENT POOLS and MUTUAL FUNDS

Participation in the State of California Local Agency Investment Fund (LAIF) and money market sweep funds provide excellent short-term cash management facilities. However, there is a due diligence standard which applies to the use of such pools. Participation in LAIF and the Union Bank of California Highmark 100% U.S. Treasury overnight sweep funds are subject to continuing review of their respective annual reports as well as application of additional criteria developed by the Association of Public Treasurers’ of the United States and Canada (APT US&C.) ATTACHMENT 1
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X.IX. COLLATERALIZATION

California Government Code Sections 53651 through 53667 requires depositories to post certain types and levels of collateral for public funds above the Federal Deposit Insurance Corporation (FDIC) insurance amounts. The collateral requirements apply to bank deposits, both active (checking and savings accounts) and inactive (non-negotiable time certificates of deposit).

Collateralization will also be required on two other types of investments: certificates of deposit and repurchase (and reverse) agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest for government securities, or 150% for first trust deeds. Collateral will be held by the independent third-party custodian selected by the City. The right of collateral substitution is granted.

XI.X. SAFEKEEPING AND CUSTODY

Securities transactions, including collateral for repurchase agreements, shall be executed on a delivery vs. payment (DVP) basis. Funds are not wire-transferred until securities are delivered into safekeeping with the City's third-party custodian. The custodial relationship is subject to an agreement for services which may be separate from the agreement for other banking services. The safekeeping requirement does not apply to L.A.I.F., purchase of mutual funds or securities which are physically delivered to the City.

XII. DIVERSIFICATION, MAXIMUM MATURITIES, AND CREDIT QUALITY

The City will diversify its investments by security type and institution in order to reduce market and credit risks associated with concentrating investments in specific security types, maturity segments, or in individual financial institutions.

Credit quality will be ‘A’ or above for fixed income securities and A1/P1 for commercial paper.

Supranationals shall be rated at least “AA” or the equivalent by a NRSRO at the time of purchase.

In the event of credit downgrades after purchase, sale of the security will be evaluated on a case by case basis.

XIII.XI. MAXIMUM MATURITIES

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Redevelopment Agency of the City of Livermore or by the City of Livermore including Special Assessment District Improvement Bonds may have maturities exceeding five years for which no further City Council approval is required. The City Council may grant express authority to exceed this term for all other individual investments.

XIV.XII. INTERNAL CONTROL

The Director of Administrative Services shall establish a system of internal controls. These controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City.

XV. PERFORMANCE

The City's portfolio shall be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraints, cash flow requirements, state law, and local law, ordinances or resolutions that restrict the placement of short-term funds. The portfolio shall be managed to produce a yield meeting or exceeding the average return on the one year U.S. Treasury Bill, which is considered a benchmark for riskless investment transactions. The investment program shall actively seek to augment returns above this threshold, consistent with risk limitations and prudent investment principles.

XVI.XIII. REPORTS OF INVESTMENT ACTIVITIES

The Director of Administrative Services will make a monthly report to the City Council on the status of the City's Investment portfolio. These reports shall include information as to the type of investment, the amount of money invested with various institutions, market value for securities with a maturity of more than 12 months, purchase and maturity dates, rate of interest, and statement of portfolio liquidity.

XVII.XIV. ADOPTION

The investment policy shall be adopted by resolution of the City Council of the City of Livermore.

The policy shall be reviewed on an annual basis by the Director of Administrative Services to ensure its consistency with the overall investment objectives and relevance to current law, financial and economic trends, and cash flows needs of the City. Any modifications to the policy shall be approved by the City Council.

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APPENDIX A - COMPARISON OF PERMITTED INVESTMENTS

% of Funds Permitted Maximum Maturity Minimum Credit Rating Permitted Investment California
Government
Code
Livermore
Policy
California
Government
Code
Livermore
Policy
California
Government Code
Livermore
Policy

US Treasuries No Limit No Limit 5 Years 5 Years None None US Agencies
/Government Sponsored
Enterprises*
No Limit No Limit 5 Years 5 Years None "A"
Bankers Acceptances 40% Max / 30%
per issuer
40%
Max/30% per
issuer
180 days 180 days None "A"
Commercial Paper 25% Max / 10%
per issuer
10% Max 270 days 270 days Highest letter and
number rating by a
nationally
recognized
statistical rating
org.
"A1/P1"
Medium Term Notes 30% Max 30% Max 5 Years 5 Years "A" "A" Negotiable Certificate
of Deposit
30% Max* 30% Max* 5 Years 5 Years None None
Repurchase
Agreements
No Limit 20% Max 1 Year 1 Year None None
Reverse Purchase
Agreement
20% of the base
value of portfolio
20% Max 92 days 92 days None None
State of California and
CA Local Agency
Obligations
No Limit No Limit 5 Years ** 5 Years *** None "A"
Registered Treasury
Notes or Bonds of any
of the other 49 States
No Limit No Limit 5 Years 5 Years None "A"
Shares of Beneficial
Interest, Mutual Funds
20% Max 15% Max/
10% Per Issuer
N/A N/A Highest Ranking
by at least two
national recognized
rating agencies
Highest
Ranking by
at least two
national
recognized
rating
agencies
Non-negotiable
Certificate of Deposit
(Collateralized or
Insured)
30% Max* 30% Max* 5 Years 5 Years None None
Collateralized Bank
Deposits (Active and
Passbook Saving
Accounts)
None None 5 Years 5 Years None None
Local Agency
Investment Fund
No Limit $75 million
per account
N/A N/A None None
Supranationals 30% 30% 5 Years 5 Years "AA" "AA"
* The aggregate investment in Negotiable Certificates of Deposit and Non-negotiable Certificates of Deposit shall not exceed 30% of the City’s total portfolio.
** This investment type includes bonds Issued by the City of Livermore (City) or by the Successor Agency of the former Redevelopment Agency of the City. The maximum maturity per California Government Code is 5 years unless approval by the City Council. *** The maximum maturity per Livermore Policy is “no limit” for bonds issued by the City or by the Successor Agency of the former Redevelopment Agency of the City.

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APPENDIX AB – GLOSSARY OF INVESTMENT TERMS

ACTIVE DEPOSITS Demand or checking accounts which receive revenues and pay disbursements.

AGENCIES/FEDERAL AGENCY OBLIGATIONS Securities issued by U.S. Government agencies or quasi-government agencies in order to supply credit to various classes of institutions or individuals. These issues are guaranteed directly or indirectly by the United States Government. All agency obligations qualify as legal investments and are acceptable as security for public deposits. They usually provide higher yields than regular Treasury issues and have many of the same advantages. Examples are:

 Federal Farm Credit Bank (FFCB) are notes and bonds used to finance the short and intermediate needs of farmers. They are issued monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten years) on a periodic basis. Interest is calculated on a 360-day, 30-day month basis.
 Federal Home Loan Bank (FHLB) notes and bonds are issued by the FHLB to help finance the housing industry. These securities provide liquidity and mortgage credit to savings and loan associations, mutual savings banks, cooperative banks, insurance companies and mortgage-lending institutions. They are issued irregularly for various maturities. The minimum denomination is $5,000. The notes are issued with maturities of less than one year and interest is paid at maturity. The bonds are issued with various maturities and carry semi-annual coupons. Interest is calculated on a 360-day, 30-day month basis.
 Federal National Mortgage Association (FNMA) Fannie Maes are used to assist the home mortgage market by purchasing mortgages insured by the Federal Housing Administration and the Farmers Home Administration, as well as those guaranteed by the Veterans Administration. They are issued about four times a year for maturities ranging from a few months to eight years. They are issued in minimum denominations of $10,000.

They carry semi-annual coupons. Interest is computed on a 360-day, 30-day month basis.  Federal Home Loan Mortgage Corporation (FHLMC) Freddie Mac is a publicly chartered agency that buys qualifying residential mortgages from lenders, packages them into new securities backed by those pooled mortgages, provides certain guarantees, and then resells the securities on the open market.
 Government National Mortgage Association (GNMA) Ginnie Mae is a government owned corporation and an agency of the U.S. Department of Housing and Urban Development. GNMA guarantees, with the full faith and credit of the U.S. Government, full and timely payment of all monthly principal and interest payments on the mortgage- backed pass-through securities of registered holders. The securities, which are issued by private firms such as mortgage bankers and savings institutions, and which are typically marketed through security broker/dealers, represent pools of residential mortgages.

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ASKED The price at which securities are offered.

BANKERS ACCEPTANCES short term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills.

BID The price offered for securities.

BONDS ISSUED BY THE LOCAL AGENCY Include both taxable and tax-exempt bonds issued by the City or another municipality or local agency. A possible application for purchasing tax-exempt bonds would be to qualify for an exception from rebate requirements under the Tax Reform Act of 1986.

BOOK VALUE The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium and sometimes plus accretion of discount.

BROKER A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets.

COLLATERAL Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMMERCIAL PAPER A short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as Ford Motor Credit Corporation, Amex, General Electric, Bank of America, Wells Fargo Bank, etc.

Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by a nationally-recognized credit rating agency.

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) is the audited annual financial report of the City prepared in conformity with GAAP. It has five sections, Introductory, Basic Financial Statements, Notes to Financial Statements, Supplemental Information, and Statistical Section. Basic Financial Statements includes government wide financial statements and fund financial statements for governmental and proprietary funds.

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COUPON (1) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (2) A certificate attached to a bond evidencing interest due.

DEALER A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURES Bonds secured only by the general credit of the issuer.

DELIVERY VS. PAYMENT (DVP) Delivery versus payment is delivery of securities with an exchange of money for the securities.

DERIVATIVES Financial products that are dependent for their value on, or derived from, an underlying financial instrument (such as stocks, bonds or foreign currencies), a commodity, or an index representing values of groups of such instruments or assets. Examples are interest rate swaps, futures, options, and forwards. Participants in derivatives markets include dealers and end users (including financial institutions, commercial firms, mutual funds, pension funds, state and local governments) and entities that use derivatives to hedge financial risks or to speculate. As of January, 1996 California state law prohibits investment in inverse floaters, range notes, interest only strips, or securities resulting in zero interest accrual. Local agencies currently holding any of these securities may retain them until maturity.

DISCOUNT The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

DISCOUNT RATE The discount rate is the interest rate charged to depository institutions when they borrow from their district Federal Reserve banks. The discount rate is typically lower than the federal funds rate. Any change in the discount rate requires a majority vote of the seven Fed governors and must be based on a request from one or more of the Fed's twelve regional reserve banks.

DIVERSIFICATION Dividing investment funds among a variety of securities offering independent returns.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) A federal agency that insures bank deposits up to $250,000 per depositor.

FEDERAL FUNDS (1) Non-interest bearing deposits held by member banks at the Federal Reserve. (2) Used to denote "immediately available" funds in the clearing sense.

FEDERAL FUNDS RATE The rate of interest at which Fed funds are traded. The federal funds rate is the rate charged on overnight loans between banks. This rate is currently pegged by ATTACHMENT 1
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the Federal Reserve through open market operations. For instance, if the FOMC decides to raise the federal funds rate, it directs the Federal Reserve Bank of New York to sell government securities on the Fed's behalf. Changes in the federal funds rate may be done without changing the discount rate.

FEDERAL OPEN MARKET COMMITTEE (FOMC) Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The Committee normally meets eight times per year to set Fed guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

FEDERAL RESERVE SYSTEM The central bank of the U.S. created by Congress consists of a seven member Board of Governors, 12 regional banks and 5,700 commercial banks that are members. California is in District 12 which encompasses the nine western states.

FINANCIAL FUTURES AND FINANCIAL OPTIONS Are forward contracts for securities and is a type of derivative. The government code states that a local agency may incur future contracts/options in any of the investment securities enumerated in §53601, a- m.

GUARANTEED INVESTMENT CONTRACTS (GICs) An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.

FISCAL POLICY Congressional manner of managing taxes and public spending through budget actions, with the goal of full employment and economic growth. Contrasts with monetary policy through the Fed, used to regulate the economy.

INACTIVE DEPOSITS Certificates of deposit issued in any amount for periods of time as short as fourteen days and as long as several years. Interest must be calculated on a 360 day basis, actual number of days.

INTEREST-BEARING ACTIVE DEPOSITS Money market accounts at a financial institution (i.e., bank, savings and loan, credit union). These accounts are demand accounts (i.e., checking accounts) with restricted transaction activity.

LOCAL AGENCY INVESTMENT FUND (L.A.I.F.) is a special fund in the State Treasury created pursuant to Government Code § 16429.1 which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $65 million for any agency. It offers high liquidity because deposits can be converted to cash in twenty four hours and no interest is lost. All interest is distributed to participating agencies on a proportionate share determined by the amounts deposited and the length of time they are ATTACHMENT 1
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deposited. Interest is credited quarterly.

LIQUIDITY A liquid asset is one that can be converted easily into cash without substantial loss of value. In the money market, a security is liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

MARKET VALUE The price at which a security is trading and could be purchased or sold.

MATURITY The date upon which the principal or stated value of an investment becomes due and payable.

MEDIUM TERM CORPORATE NOTES Unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium Term Corporate Notes can be defined as extended maturity commercial paper. Corporations use these notes to raise capital.

Examples of issuers are General Electric Credit Corporation, Exxon, Chevron etc.

MONETARY POLICY The way in which the money supply is managed by the Federal Reserve Board. The Fed manipulates the money supply either through open market transactions, member bank reserve requirements, or through changing the discount rate.

MONEY MARKET The market in which short-term debt instruments are issued and traded.

MUTUAL FUNDS are referred to in Government Code § 53601(j) as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its bylaws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund.

NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured obligations of the financial institution. Securities are generally issued in bearer form and pay interest at maturity.

Although negotiable, a strong secondary market exists only in the NCD's issued by the largest United States banks. These securities generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million.

NON-NEGOTIABLE CERTIFICATES OF DEPOSIT are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $250,000 are insured by Federal Deposit Insurance Corporation (FDIC). Certificates of Deposit can be issued from 14 days to several years in maturity.

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OPEN MARKET OPERATIONS Open market operations are the Fed's most important and most flexible monetary policy tool. Purchases of government and certain other securities inject reserves into the bank system and stimulate growth of money and credit; sales of securities have a tightening effect.

PASSBOOK SAVING ACCOUNTS Similar to inactive deposits except they are not for a fixed term. The interest rate is typically lower than for CDs.

PORTFOLIO Collection of securities held by an investor.

PREMIUM (1) The amount by which the trading price of an issue exceeds the issue's par value. (2) The amount that must be paid in excess of pay to call or refund an issue before maturity. (3) In money markets, the fact that a particular bank's CDs trade at a rate higher than others of its class, or that a bank has to pay up to acquire funds.

PRIMARY DEALER A group of government securities dealers that submit daily reports of market activity and positions to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include SEC registered securities broker-dealers, banks, and a few unregulated firms.

PRIME RATE The rate at which banks lend to their best or prime customers. The all-in cost of a bank loan to a prime credit equals the prime rate plus the cost of holding compensating balances.

QUALIFIED PUBLIC DEPOSITORIES A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of the State of California, which has segregated for the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

RATE OF RETURN The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

REPURCHASE AGREEMENTS Short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically for one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the repo.

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REVERSE REPURCHASE AGREEMENTS Are mirror image of a repurchase agreement. In exchange for using the local agency's securities as collateral, a dealer makes cash available to purchase additional securities at a higher rate. Such arbitrage book can generate incremental income by profiting from the difference in interest rates.

RISK Degree of uncertainty of return on an asset.

SAFEKEEPING A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.

SECONDARY MARKET A market made for the purchase and sale of outstanding issues following the initial distribution.

SEC RULE 15C3-1 See uniform net capital rule.

SECURITIES & EXCHANGE COMMISSION (SEC) Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SETTLEMENT DATE The date on which a trade is cleared by delivery of securities against funds. The settlement date may be the trade date or a later date.

SHARES OF BENEFICIAL INTEREST are issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. See also Mutual Funds.

YIELD The rate of annual income return on an investment, expressed as a percentage. (1) Income yield is obtained by dividing the current dollar income by the current market price for the security. (2) Yield to maturity or net yield is the current income yield minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

UNIFORM NET CAPITAL RULE SEC requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15:1; also called net capital rule and net capital ratio.

U.S. TREASURY ISSUES are direct obligations of the United States Government. These issues are as follows:
 Treasury Bills are issued weekly with maturity dates from 13 weeks up to one year. They are issued and traded on a discount basis and are also known as discount securities. Interest is computed on a 360-day basis, actual number of days. They are issued in amounts of $10,000 and up in multiples of $5,000 and are a highly liquid security.

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 Treasury Notes are initially issued with 2 to 10 year maturities. They are actively traded in the secondary market and are very liquid. The Treasury may issue notes with a minimum of $1,000, however, $5,000 is more common.
 Treasury Bonds are long-term securities having initial maturities of more than 10 years.

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City of Livermore
1052 South Livermore Avenue
Livermore, California 94550-4899

Section I: Statement of Position and General Requirements

The City of Livermore (hereinafter referred to as the “City”) is a municipal government operating under the laws of the State of California. The City manages an investment portfolio of $200 million approximately for operating funds. This portfolio is comprised primarily of cash equivalents (money market funds), corporate bonds, government agency bonds (including GSEs), and Local Agency Investment Fund (LAIF).

The City has adopted a written Investment Policy which regulates the parameters and procedures used in its cash and investment management activities.

The City maintains relationships with qualified broker-dealers who, in its opinion, understand the needs, objectives, constraints, and preferences of the City.

Broker-dealers will be notified of their approval by the City. No transactions will be conducted with an approved broker-dealer until all paperwork required by both parties has been executed. The City has a competitive bid process in place to ensure that all its transactions are executed at competitive bids and offers. All securities will be delivered against payment to the third-party custodian named by the City. The City will review and substantiate all information and references requested in this document. Therefore, please answer all questions as thoroughly and accurately as possible.

Section II: Request for General Information from Broker-Dealer Candidate

1. Firm Name:

2. Regional Address:

3. Headquarters Address:

4. Telephone Number - Local:

5. Telephone Number - Headquarters:

6. E-mail:

7. Primary Representative/Manager/Partner-in-charge:

Name:

Title:

CRD No.:

Telephone No.:

E-mail:

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8. Contact personnel - Identify all personnel who will be trading with or quoting securities to the City. (Provide as an attachment if more space required.)

Name:

Title:

CRD No.:

Telephone No.:

E-mail:

Name:

Title:

CRD No.:

Telephone No.:

E-mail:

Name:

Title:

CRD No.:

Telephone No.:

E-mail:

Provide background information concerning the representatives listed in No. 8 above. Include information on the individual’s employment history as it relates to the securities industry, current licenses/certificates/registrations, the history and details of any disciplinary actions or complaints and the disposition of each as well as the history of any arbitration or litigation, the nature of the case and status or disposition.

9. Please provide the following information regarding at least four comparable clients with whom any of the representatives listed in No. 8 has an established relationship. We would prefer public-sector clients in our geographical area, if possible.

Client Name:

Address:

Person to Contact:

Telephone No.:

Length of Relationship:

Client Name:

Address:

Person to Contact:

Telephone No.:

Length of Relationship:

Client Name:

Address:

Person to Contact:

Telephone No.:

Length of Relationship:

Client Name:

Address:

Person to Contact:

Telephone No.:

Length of Relationship:

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10. Has/have the representative(s) listed in No. 8 above been authorized by the firm to be account representative(s) for the City?

Yes No

If yes, by whom?

11. List the name of the immediate supervisor of the account representative(s) named in your response to No. 8 above.

Name:

Title:

Telephone No.:

12. Briefly describe any formal program of supervision of the representative named in No. 8 if your firm has established such a program.

13. Is your firm a member of FINRA?

Yes (Provide a copy of the registration) No

If no, why not?

14. Place an “X” by each regulatory agency that your firm is examined by and/or subject to its rules and regulations.

FDIC Federal Reserve System
SEC
Other (example: state regulatory agency):

Comptroller of the Currency

Multistate firms note: It is not necessary to include regulatory agencies that do not have jurisdiction over your firm’s activities in the California.

15. Have you obtained all required licenses to operate as a broker-dealer in the state of California?

Yes (attach a copy of the registration/license) No

If no, why not?

16. Place an “X” in the space next to each of the instruments set forth below in which you make an active market (both buy and sell).

T Bills
T Notes
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Commercial Paper
CDs (specify):

Federal Agencies (specify):

GSEs (specify):

Tax-exempt Securities
Investment Grade Corporates
Money Market Funds
BA s (specify domestic or foreign):

Other

17. Does your firm specialize in any of the above instruments?

Yes No

If so, please specify:

18. What was your firm’s total $ volume in U.S. Government and agency securities trading last year?

Regional Office?

19. Are you a primary dealer in Federal Reserve Bank?

Yes No

If yes, for how long has the firm been a primary dealer? Years

20. Are you a non-primary dealer qualified under U.S. Securities and Exchange Commission (SEC) Rule 15c3-1 (the Uniform New Capital Rule)?

Yes (Please provide proof) No

21. Has your firm consistently complied with the Federal Reserve Bank’s or the SEC’s capital adequacy guidelines?

Yes No

As of this date, does your firm comply with this guidelines?

Yes No

Has your capital position ever fallen short?

Yes No

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Include certified documentation of your capital adequacy as measured by the Federal Reserve standards.

22. Do you participate in the SIPC insurance program?

Yes No

If no, please explain.

23. How many and what percentage of your firm-wide U.S. Government and agency securities transactions failed:

Last month?
Last year?

24. Please provide the following financial information for your firm. If you are representing a parent corporation or a subsidiary of another corporation, furnish financial information of your corporate parent as well as of your subsidiary. (If available in digital form, this information can be e-mailed to [email protected]. If hard copy, mail to Administrative Services Director, 1052 S Livermore Ave, Livermore, CA 94550.)

a. Most recent annual audited statements and Form 10-K filed with the SEC; b. Most recent proxy statement; and
c. Any additional information necessary to provide a full disclosure of your financial condition.

25. Describe the precautions taken by your firm to protect the interest of the public when dealing with government agencies as investors.

26. Have any of your public-sector clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instruments?

Yes No

If yes to the above question, please explain:

27. Has a public-sector client ever reported to your firm, its officers, or employees, orally or in writing, that your firm was responsible for investment losses?

Yes No

If yes to the above question, please explain:

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28. Does your firm have any pending litigation with public-sector clients, or have you been subject to any within the last five years?

Yes No

If yes to the above question, please explain:

29. Is there outstanding litigation which would materially affect your financial stability?

30. Has your firm ever been subject to a regulatory, state, or federal agency investigation for alleged improper, fraudulent, disreputable, or unfair activities related to the sale of government securities or money market instruments?

Yes No

Have any of your employees ever been so investigated?

Yes No

If yes, please explain.

31. Do you provide any fixed income research and economic commentary?

Yes (attach sample) No

Please include sample of research reports that your firm regularly provides to public sector clients.

32. What reports, transaction confirmations and paper trail will we receive? What monthly and annual report will be provided? Please attach samples.

33. What portfolio information do you prefer from your clients?

34. Enclose a complete schedule of fees and charges for various transactions.

35. Please attach a statement describing your firm’s normal custody and delivery process? Who audits ATTACHMENT 1
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these fiduciary systems?

36. If you are not a bank, please provide the following information regarding your principal banking relationship (Bank Name, Address, Contact, Telephone No., Wire Transfer instructions). All transactions will be delivery versus payment. Attach separate sheet, if necessary.

37. Describe the capital line and trading limits that support/limit the office that would conduct business with the City.

38. What is your attitude towards the customer? Describe your coverage style in relation to your clients.

39. What sort of technical market perspective do you propose to bring to a relationship with the City?

40. What training would you provide to our employees and investment officers?

41. What, if any, particular “specialty” do you possess in relation to government security sales that can maximize investment income to the City?

42. Is there anything in your background in the government security business that makes you stand out above the rest? Why should the City of Livermore deal with you?

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Section III: Certification

43. Please confirm that you and your representatives have read and understand the City of Livermore’s Investment Policy and California Government Code Sections 53600 et seq. pertaining to the investment of public funds and agree to comply with both by signing below:

Primary Representative:

Signature:

Name:

Title:

Date:

Manager:

Signature:

Name:

Title:

Date:

44. Please return this form to:

Director of Administrative Services
City of Livermore
1052 South Livermore Avenue
Livermore, CA 94550-4899

Submitted by:

Signature:

Name:

Title:

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Date:

ATTACHMENT 1
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RESOLUTION NO. __________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING THE CITY OF LIVERMORE’S INVESTMENT POLICY

AND DELEGATING INVESTMENT AUTHORITY TO THE CITY TREASURER On January 9, 2012, the City Council adopted Resolution No. 2012-004 determining that the person serving as the Administrative Services Director shall also serve as the City Treasurer and appointing the person holding the title of Administrative Services Director for the City of Livermore (“City”) to serve as the City Treasurer.

Section 2.28.020 of the Livermore Municipal Code vests the Administrative Services Department with authority to deposit and invest funds of the City treasury in accordance with state law and the City’s investment policy.

The State of California gives the City Council, in its capacity as legislative body of the City and its related entities, the ability to delegate the investment authority to the City Treasurer (acting in the capacities of City Treasurer and treasurer of the City's related entities) for a one-year period in accordance with Section 53607 of the California Government Code.

The delegation of investment authority and responsibility from the City Council to the Administrative Services Director and City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City’s pooled treasury funds and the effective and efficient support of the City’s efforts to meet its cash flow needs.

On June 26, 2023, the Administrative Services Director prepared and submitted to the City Council for its review, an updated City of Livermore Investment Policy, which incorporates changes conforming its language to existing statutory requirements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby approves the City of Livermore Investment Policy, attached hereto as Exhibit A.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore, pursuant to California Government Code Section 53607, that it hereby delegates to the City Treasurer for a period of twelve (12) months, the authority to invest the City’s pooled treasury funds in accordance with the Investment Policy.

On motion of Councilmember _________________________, seconded by Councilmember _________________________, the foregoing resolution was passed and adopted on June 26, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
393
RESOLUTION NO. __________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Katherine Mirassou Marie Weber Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A – Investment Policy
394
INVE

STMENT POLICY
Adopted: June 26, 2023
Prepared By:

Administrative Services Department

EXHIBIT A
395

TABLE OF CONTENTS

Page
Section I Policy Introduction ......................................................................................... 1 Section II Scope .............................................................................................................. 1 Section III Prudence ......................................................................................................... 1 Section IV Investment Objectives .................................................................................... 2 Section V Authority to Invest Monies ............................................................................ 2 Section VI Ethics and Conflicts of Interest ...................................................................... 2 Section VII Authorized Financial Dealers & Institutions .................................................. 3 Section VIII Authorized and Suitable Investments .............................................................3 Section IX Collateralization .............................................................................................8 Section X Safekeeping and Custody ...............................................................................8 Section XI Maximum Maturities ......................................................................................8 Section XII Internal Control ..............................................................................................8 Section XIII Reports of Investment Activities ....................................................................9 Section XIV Adoption ..........................................................................................................9 Appendix A Glossary of Investment Terms ..................................................................... 10

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I. POLICY INTRODUCTION

II. SCOPE

This investment policy applies to all financial assets under direct control of the City of Livermore.

These funds are accounted for in the City's Annual Comprehensive Financial Report (ACFR) and include the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, certain Trust and Agency Funds, and other funds that may be created from time to time. The City holds no pension trust funds for which it is accountable.

This policy does not apply to investment activities of moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or certificates of participation. Such funds are invested in accordance with the statutory provisions governing the issuance, or if there are no specific statutory provisions in accordance with the ordinance, resolution, indenture, or agreement of the City providing for the issuance. These funds are identified in the Balance Sheet/Statement of Net Position and in the notes to the Financial Statements of the City’s Annual Comprehensive Financial Report as “Cash and Investments with Trustee”.

III. PRUDENCE

This standard of prudence shall be applied in the context of managing an overall portfolio.

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IV. INVESTMENT OBJECTIVES

The primary objectives, in priority order, of the City of Livermore's investment activities shall be:

 Safety of principal is the primary objective of the investment program.

 Liquidity of the portfolio guarantees the City's ability to meet all operating requirements which might reasonably be anticipated.

V. AUTHORITY TO INVEST MONIES

VI. ETHICS AND CONFLICTS OF INTEREST

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VII. AUTHORIZED FINANCIAL DEALERS & INSTITUTIONS

No public deposit shall be made except in a qualified public depository as established by state laws.

SEC Registered Investment Advisers, authorized to provide investment services to the City, shall utilize broker-dealers who are duly licensed and authorized to provide investment services in the State of California.

The firms and individuals, providing investment services to the City, must be knowledgeable and experienced in public agency investing, institutional trading practices and the California Government Code as related to investments. In addition, anyone providing financial services to the City must adhere to the investment policies of the City of Livermore as adopted by the City Council. The broker/dealer firms should have the ability to meet all of their financial obligations in dealing with the City.

Any party directly executing investment transactions on behalf of the City shall sign a copy of this investment policy acknowledging comprehension and receipt.

VIII. AUTHORIZED AND SUITABLE INVESTMENTS

EXHIBIT A
399

4 | P a g e

enterprises. This shall include any mortgage pass through security issued and guaranteed by a Federal Agency with a maximum final maturity of five years. There is no limit to that amount of the City’s portfolio that may be invested in Federal Agency or GSE securities.

3. State of California and Local Agency Obligations. (1) Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency or by a department, board, agency or authority of the state or any local agency with a final maturity not exceeding five years from the date of trade settlement; (2) Obligations of the City of Livermore and the Successor Agency to the former Redevelopment Agency of the City of Livermore, including tax allocation bonds; and (3) Special Assessment District Improvement Bonds issued by the City of Livermore related to special assessment districts. Such obligations must be rated at least “A-1”, or the equivalent, short-term; or “A” or the equivalent, long-term by a NRSRO at the time of trade settlement. Unrated securities are acceptable if the underlying issuer meets the “A” credit rating criteria. Up to 100 percent of the City’s investment portfolio may be invested in California municipal obligations.

EXHIBIT A
400

5 | P a g e

B. Reverse repurchase agreement s or securities lending agreements may be utilized only when all of the following conditions are met:

a. The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the City for a minimum of 30 days prior to sale.
b. The total of all reverse repurchase agreements and securities lending agreement on investments owned by the City does not exceed 20 percent of the base value of the portfolio.
c. The term does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and final maturity date of the same security. d. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.

7. Bankers' Acceptances , otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of Banker's Acceptances may not exceed 180 days maturity or 40 percent of the City’s investment portfolio. However, no more than thirty percent of the agency’s money may be invested in bankers’ acceptance of any one commercial bank.

EXHIBIT A
401

6 | P a g e

Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed 25 percent of the City's surplus funds. In addition, no more than 10 percent of the City’s total portfolio may be invested in any one issuer of commercial paper.

Purchase of time certificates of deposit in combination with negotiable certificates of deposit may not exceed 30 percent of the City’s investment portfolio.

EXHIBIT A
402

7 | P a g e

13. State of California's Local Agency Investment Fund (LAIF). Investment in LAIF may not exceed the legally authorized limits.

14. Other JPA Investments (Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7. These investments are similar to LAIF above in they are short-term liquidity investments.

15. Mutual Funds (Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.)) . The Mutual Fund must be restricted by its bylaws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Bankers Acceptances, Commercial Paper, Certificates of Deposit, Negotiable Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category applicable to the local agency also apply to the Mutual Fund. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment pursuant to this subdivision these companies shall either: (A) have attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations or (B) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds and with assets under management in excess of $500,000,000.

A further restriction is that the purchase price of shares of the mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed 20 percent of the local agency's surplus money. In addition, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one Mutual fund.

EXHIBIT A
403

8 | P a g e

IX. COLLATERALIZATION

X. SAFEKEEPING AND CUSTODY

XI. MAXIMUM MATURITIES

To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. No investment, except the bonds issued by the City of Livermore or by the Successor Agency to the former Redevelopment Agency of the City of Livermore, shall be made in any security, which has a term remaining to maturity in excess of five years at the time of the investment. Investments in the bonds
issued by the Successor Agency to the former
Redevelopment Agency of the City of Livermore or by the City of Livermore including Special Assessment District Improvement Bonds may have maturities exceeding five years for which no further City Council approval is required. The City Council may grant express authority to exceed this term for all other individual investments.

XII. INTERNAL CONTROL

EXHIBIT A
404

9 | P a g e

XIII. REPORTS OF INVESTMENT ACTIVITIES

XIV. ADOPTION

The investment policy shall be adopted by resolution of the City Council of the City of Livermore.

EXHIBIT A
405

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APPENDIX A – GLOSSARY OF INVESTMENT TERMS

ACTIVE DEPOSITS Demand or checking accounts which receive revenues and pay disbursements.

EXHIBIT A
406

11 | P a g e

ASKED The price at which securities are offered.

BID The price offered for securities.

BOOK VALUE The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium and sometimes plus accretion of discount.

COLLATERAL Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

EXHIBIT A
407

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COUPON (1) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (2) A certificate attached to a bond evidencing interest due.

DEALER A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURES Bonds secured only by the general credit of the issuer.

DELIVERY VS. PAYMENT (DVP) Delivery versus payment is delivery of securities with an exchange of money for the securities.

DIVERSIFICATION Dividing investment funds among a variety of securities offering independent returns.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC) A federal agency that insures bank deposits up to $250,000 per depositor.

FEDERAL FUNDS (1) Non-interest bearing deposits held by member banks at the Federal Reserve. (2) Used to denote "immediately available" funds in the clearing sense.

FEDERAL FUNDS RATE The rate of interest at which Fed funds are traded. The federal funds rate is the rate charged on overnight loans between banks. This rate is currently pegged by

EXHIBIT A
408

13 | P a g e

GUARANTEED INVESTMENT CONTRACTS (GICs) An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.

EXHIBIT A
409

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deposited. Interest is credited quarterly.

MARKET VALUE The price at which a security is trading and could be purchased or sold.

MATURITY The date upon which the principal or stated value of an investment becomes due and payable.

Examples of issuers are General Electric Credit Corporation, Exxon, Chevron etc.

MONEY MARKET The market in which short-term debt instruments are issued and traded.

NEGOTIABLE CERTIFICATES OF DEPOSIT are unsecured obligations of the financial institution. Securities are generally issued in bearer form and pay interest at maturity.

EXHIBIT A
410

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PASSBOOK SAVING ACCOUNTS Similar to inactive deposits except they are not for a fixed term. The interest rate is typically lower than for CDs.

PORTFOLIO Collection of securities held by an investor.

PRIME RATE The rate at which banks lend to their best or prime customers. The all-in cost of a bank loan to a prime credit equals the prime rate plus the cost of holding compensating balances.

RATE OF RETURN The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

EXHIBIT A
411

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RISK Degree of uncertainty of return on an asset.

SAFEKEEPING A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.

SECONDARY MARKET A market made for the purchase and sale of outstanding issues following the initial distribution.

SEC RULE 15C3-1 See uniform net capital rule.

SECURITIES & EXCHANGE COMMISSION (SEC) Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SETTLEMENT DATE The date on which a trade is cleared by delivery of securities against funds. The settlement date may be the trade date or a later date.

EXHIBIT A
412

17 | P a g e

EXHIBIT A
413

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

June 26, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2023-24.

RECOMMENDED ACTION

Staff recommends the City Council conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for Fiscal Year 2023-24. Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for Fiscal Year 2023-24.

SUMMARY
Staff reviews the maintenance costs and revenues for the City’s 92 Landscape Maintenance Districts (Districts) annually and prepares a Consolidated Engineer’s Report containing recommended assessment levels. This report was previously approved by the City Council at its meeting on May 22, 2023.

In order to levy and collect annual assessment for the Districts under the Landscaping and Lighting Act of 1972 (Act), the City of Livermore (City) must follow certain legal procedures. There are three steps to the process. First, the City Council directed staff to prepare and file the Consolidated Engineer’s Report at its meeting on April 10, 2023. Second, the City Council then passed a resolution of intention to levy assessments for Fiscal Year 2023-24 and preliminarily approved the Consolidated Engineer’s Report at its meeting on May 22, 2023. The City Council set June 26, 2023, as the public hearing date for this matter. After conducting this public hearing, the City Council may then consider the confirmation of the levy of annual assessments. If confirmed, City Council then directs staff to file the assessments with the County Auditor.

DISCUSSION
The City has adopted the Districts listed below. Under the Act, the City Council must follow certain procedures to levy annual assessments with the Districts. The City Council took initial action for Fiscal 414
Year 2023-24 on April 10, 2023 by adopting Resolution No. 2023-054. Then on May 22, 2023, City Council took further action for Fiscal Year 2023-24 by preliminarily approving the Consolidated Engineer’s Report, declaring intent to levy and collect assessments with the Districts in Fiscal Year 2023- 24, and establishing a public hearing date of June 26, 2023 by adopting Resolution No. 2023-085.

A Consolidated Engineer’s Report (see Exhibit C) has been prepared for the Districts for Fiscal Year 2023-24 in accordance with the requirements of the Act. The Districts are Maintenance District No. LL-1; Annexation Nos. 1989-1, 1989-2, 1989-4, 1990-1, 1990-2; Maintenance District No. LL-2; Annexation Nos. 1992-0, 1992-1, 1993-1, 1993-2, 1994-1, 1994-2, 1994-3, 1994-4, 1994-6, 1994-7, 1994-8, 1995- 1,1995-2, 1995-3, 1995-4, 1995-6, 1995-7, 1996-1, 1996-2, 1996-3, 1996-5, 1996-6, 1996-7, 1996-8, 1996-9, 1997-2, 1997-3, 1997-4,1997-5; and Maintenance District Nos. LL-801, LL-802, LL-803, LL-804, LL-805, LL-806, LL-807, LL-808, LL-809, LL-810, LL-811, LL-813, LL-814, LL-815, LL-817, LL-818, LL- 819, LL-820, LL-821, LL-822, LL-823, LL-824, LL-826, LL-827, LL-828, LL-829, LL-830, LL-831, LL-832, LL-833, LL-835, LL-836, LL-837, LL-838, LL-839, LL-840, LL-841, LL-842, LL-843, LL-844, LL-845, LL- 846, LL-847, LL-848, LL-849, LL-850, LL-851, LL-852, LL-853, LL-854, LL-855, LL-857, LL-858, LL-859, LL-860, LL-861, LL-862, and LL-863. This report includes estimates of expenditures and revenues for Fiscal Year 2023-24.

Fiscal Year 2023-24 Assessments
The Act permits the City to levy property assessments to maintain landscaping and lighting improvements within each District boundary. Since 1989, the City has required all new development with publicly owned landscaping to be within a District. There are currently 92 Districts within the City.

Maximum assessment levels (including how annual adjustments are calculated) are defined by the provisions of each District or where no specific provisions exist, by the requirements of Proposition 218.

Of the 92 Districts, 58 operate under the Enduring Cap Policy including the Downtown Landscape Maintenance District (DTLMD), which allows an annual adjustment to the maximum allowable assessment based on the Consumer Price Index (CPI), plus one percent. There are also 30 Districts that operate under the Maximum Cap Policy which allows an annual adjustment to the maximum allowable assessment based on the CPI. The remaining four Districts were formed prior to Proposition 218, and their maximum allowable assessment levels are determined by the assessment level that was in place at the time Proposition 218 was implemented, plus an annual adjustment based on the CPI. The CPI used to determine annual adjustments is the index for the San Francisco Bay Area for all urban consumers (CPI-U) and is currently 5.30%.

District Policy
Allowable Adjustment
Proposed Adjustment
Enduring Cap
CPI-U+1%

6.30%
Maximum Cap
CPI-U

5.30%
Pre-Prop 218
CPI-U

5.30%

Staff has developed cost estimates that include revenue and expenditure budgets for all Districts based on the anticipated maintenance needs for Fiscal Year 2023-24. District assessments have been proposed based on sustainability (revenues meeting expenses) and avoidance of volatile assessment adjustments, as well as asset replacement needs. Exhibit A to the resolution shows the comparison of proposed Fiscal Year 2023-24 assessments with existing Fiscal Year 2022-23 assessments for all districts except the DTLMD. Exhibit B to the resolution compares existing and proposed assessments for the DTLMD. The proposed assessment rates to be levied for all Districts are all equal to or less than each District's Fiscal Year 2023-24 maximum assessment rates. 415

Downtown Landscape Maintenance District, LL-859
Assessments for the DTLMD were originally based on estimated maintenance costs and the anticipated timing of any downtown improvements and related development. Assessments are based on actual prior year costs for maintenance services, actual development in place and actual improvements constructed, in addition to anticipated maintenance costs for any new improvements. No new maintenance improvements are proposed for Fiscal Year 2023-24. The proposed assessment rates to be levied are all equal to or less than each District's Fiscal Year 2023-24 maximum assessment rates.

FISCAL AND ADMINISTRATIVE IMPACTS

Property owners within each District pay assessments to cover the cost of landscape maintenance, utilities, operation and maintenance of equipment. Maintenance operations are performed by City staff and supplemented by private contractors under the direction of City staff.

The aggregate projected maintenance cost for all Districts except the DTLMD for Fiscal Year 2023-24 are estimated at approximately $3.3 million. Projected revenue for all Districts except the DTLMD is estimated at approximately $3.4 million. Any funds collected in excess of expenditures remain in each District’s respective account for future needs such as asset replacement or periodic maintenance operations.

The DTLMD has projected maintenance costs of approximately $860,400 in Fiscal Year 2023-24.

Projected revenue for the DTLMD is approximately $472,500. The total cost for maintaining the improvements in the DTLMD includes a general benefit to the public of approximately $166,400 which the City pays directly. Additionally, the City’s General Fund will also make a supplemental contribution of approximately $221,500 because entitlements for certain properties have expired and the maximum allowable assessments proposed to be levied against the parcels benefitting from the various improvements are not sufficient to cover the projected costs. The City's Fiscal Year 2023-24 budget includes funding for these assessments.

COMMUNITY PILLAR
5: A City That Works

GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property

ATTACHMENTS

1. LMD Assessment Presentation

2. Resolution

3. Exhibit A - Proposed Assessments for Districts for FY 2023-24

4. Exhibit B - Proposed Assessments for Maintenance District LL-859 for FY 2023-24

5. Exhibit - C FY 2324 Consolidated Engineer's Report

Prepared by: Marisa Gan
Management Analyst II

416

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
417
1 LMD Assessments for FY 2023-24
June 26, 2023
Presented by Marisa Gan, Management Analyst II
Levy Assessment for Landscape
Maintenance Districts for FY 2023/24
• City
• City has 92 Landscape Maintenance Districts organized under the Landscaping and Lighting Act of 1972
• Property owners within each District pay assessments to cover the cost of:
– Landscape maintenance
– Utilities
– Operation and maintenance of equipment
• Maintenance operations are performed by City staff and supplemented by private contractors under the direction of City staff
1 2
ATTACHMENT 1
418
2 Levy Assessment for Landscape
Maintenance Districts for FY 2023/24
•Staff reviews costs, maintenance level, and long-term financial stability of each district
•The proposed assessment rates to be levied for all Districts are all equal to or less than each District's Fiscal Year 2023-24 maximum assessment rates.

Proposed
Adjustment
Allowable
AdjustmentDistrict Policy

6.30%CPI-U+1%Enduring Cap

5.30%CPI-UMaximum Cap

5.30%CPI-UPre-Prop 218
Questions
3 4
ATTACHMENT 1
419
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION CONFIRMING THE ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2023-2024 AND

DIRECTING ACTIONS WITH RESPECT THERETO
MAINTENANCE DISTRICT NO. LL-1: ANNEXATION NOS. 1989-1, 1989-2, 1989- 4, 1990-1, 1990-2
MAINTENANCE DISTRICT NO. LL-2: ANNEXATION NOS. 1992-0, 1992-1, 1993- 1, 1993-2, 1994-1, 1994-2, 1994-3, 1994-4, 1994-6, 1994-7, 1994-8, 1995-1, 1995- 2, 1995-3, 1995-4, 1995-6, 1995-7, 1996-1, 1996-2, 1996-3, 1996-5, 1996-6, 1996- 7, 1996-8, 1996-9, 1997-2, 1997-3, 1997-4, 1997-5
MAINTENANCE DISTRICT NOS. LL-801, LL-802, LL-803, LL-804, LL-805, LL-806, LL-807, LL-808, LL-809, LL-810, LL-811, LL-813, LL-814, LL-815, LL-817, LL-818, LL-819, LL-820, LL-821, LL-822, LL-823, LL-824, LL-826, LL-827, LL-828, LL-829, LL-830, LL-831, LL-832, LL-833, LL-835, LL-836, LL-837, LL-838, LL-839, LL-840, LL-841, LL-842, LL-843, LL-844, LL-845, LL-846, LL-847, LL-848, LL-849, LL-850, LL-851, LL-852, LL-853, LL-854, LL-855, LL-857, LL-858, LL-859, LL-860, LL-861, LL-862, LL-863
The City Council desires to continue levying special assessments for the 92 Landscape Maintenance Districts in the City of Livermore identified in the heading for this resolution (Districts). Therefore, the City Council commenced proceedings pursuant to the Lighting and Landscaping Act of 1972, Part 2, commencing with California Streets and Highways Code section 22500 (the Act), and California Constitution Article XIII:D to impose the assessments.

On May 22, 2023, the Engineer’s Report prepared by the City Engineer, and on file with the City Clerk, was considered by the City Council and approved by Resolution No. 2023-085 after the City Council found it to be sufficient.

The City Council appointed the time and place for the public hearing as Monday, June 26, 2023, at 7:00 p.m. at the City Council's regular meeting place, to take the testimony and hear any protests. Notices of the hearing were published as required by law. The City Council held and closed the public hearing.

All persons wanting to be heard were provided the opportunity. All matters pertaining to the acquisitions and improvements were heard and considered by the City Council and any protests, both written and oral, were duly heard and considered. 420
RESOLUTION NO. ________
NOW, THEREFORE, the City Council of the City of Livermore finds and resolves as follows:

1. ANNUAL LEVY. All protests against the annual levy of assessments for the Districts, or against the engineer's estimate of the costs and expenses, or against the assessment diagrams or the assessment to pay for the costs and expenses thereof, are hereby overruled.

2. PUBLIC INTEREST. The public interest, convenience, and necessity require the levy of annual assessments for the Districts.

3. DISTRICTS DESCRIBED. The Districts specially benefited and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof, are as shown by the assessment diagrams filed in the Office of the City Clerk, which maps are made a part hereof and incorporated herein.

4. ENGINEER’S REPORT. On May 22, 2023, the City Council adopted Resolution No. 2023-085 approving the Engineer’s Report, including the estimates of costs and expenses, the apportionment of assessments, and the assessment diagrams, for the Districts for Fiscal Year 2023-24.

5. BENEFITS DETERMINED. Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the public hearing, but subject to Section 6, hereto, the City Council determines that:
a. Each of the several subdivisions of land in the Districts will be specially benefited by the maintenance activities and at least in the amount, if not more than the amount, of the assessment apportioned against the subdivisions of land, respectively; and
b. There is substantial evidence to support, and the weight of evidence preponderates in favor of the Council's finding and determination as to special benefits.

6. ASSESSMENTS CONFIRMED AND LEVIED. The City Council hereby orders that the assessments be levied for the purpose of providing the maintenance activities set forth in the Engineer's Report, as confirmed, and that the assessments to pay the costs and expenses of such maintenance activities as set forth in the Engineer's Report for Fiscal Year 2023-24 are confirmed and hereby levied. For further particulars pursuant to the provisions of the Act, reference is made to the Resolution of Intention and the Engineer's Report. The levied assessments are shown in the attached Exhibit A and Exhibit B, which are incorporated by this reference. A copy of the Engineer’s Report is attached as Exhibit C and is also incorporated by this reference.

7. RECORDING ORDERED. The City Clerk shall cause copies of the assessment diagrams and the assessment roll, sufficient to collect the assessments upon 421
RESOLUTION NO. ________
the tax roll, to be filed in the Office of the County Auditor of Alameda County, concurrently with the auditor's record for the applicable fiscal year.

8. PROCEEDS AND COLLECTION. The Administrative Services Director shall establish such funds, separate and distinct from other funds of the City of Livermore and designated by the names of the Districts, into which all sums received from the collections of the assessments shall be deposited. The funds may be invested in lawful investments for the City of Livermore that are consistent with the City of Livermore's applicable investment policies. The monies in such funds shall be applied to the maintenance activities and approved expenses of the Districts.

9. EFFECTIVE DATE. This resolution shall be effective upon the date of its adoption.

10. The City Manager is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

On motion of Council Member ________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on June 26, 2023, 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-Proposed Assessments for Districts for FY 2023-24 Exhibit B- Proposed Assessments for Maintenance District LL-859 for FY 2023-24 Exhibit C-Fiscal Year 2023-24 Consolidated Engineer’s Report 422
Proposed Assessments for Landscape Maintenance Districts Fiscal Year 2023-2024
Districts with Enduring Caps
District
No. District Name
Maximum
Assessment
FY 2023-2024
($)
Current
Assessment
FY 2022-2023
($)
Proposed
Assessment
FY 2023-2024
($)
801 Mt. Day 622.40 585.50 622.40
802 Lomitas/Ryan 134.55 126.57 134.55
803 Ridgecrest 967.22 909.88 967.22
804 Sonterra 836.40 464.57 493.85
806 Saddleback 504.94 475.00 504.94
807 Altamar 580.36 416.68 442.94
808 Meadows 699.43 510.05 542.20
810 Contractor's Place T-7090 798.56 725.75 771.49
811 Altamont #2 676.21 578.08 614.51
814 Maralisa II 223.20 209.97 223.20
823 Dunsmuir 1,330.88 710.46 755.24
833 Creekside 371.64 277.98 295.50
845 Alden Lane Estates 1033.51 869.62 924.43
846 Rosegate 502.24 143.45 152.38
847 Creekside Villas 174.76 40.99 43.57
848 Scenic 7 Hills 1,355.28 1078.05 1145.99
849 Habitat for Humanity 671.03 324.31 344.75
851 L St. Traffic Calming 288.90 38.08 40.48
852 Vineyard Gate 2 3,292.28 1,422.92 1,512.60
854 Northbrook Homes-The Grove 1,777.83 1,179.10 1,253.41 855 Oaks Business Park 2,772.08 595.13 632.64
857 Shea Center 533.87 95.67 101.70
858 Arroyo Crossings 1,714.66 318.82 338.91
860 Orchid Place 4,603.07 1,685.89 1792.14
861 Kohls 2647.76 764.46 812.64
862 Magnolia Place 569.64 160.29 170.39
863 The Vines 663.95 354.89 377.26
1989-1 Autumn Valley 239.15 224.97 239.15
1989-2 Stratford 489.08 366.42 389.51
1989-4 Amber Ridge 527.10 495.85 527.10
1990-2 Monticello 540.83 508.77 540.83
1992-0 Portola Glen 1077.33 1012.13 1075.92
1992-1 Scenic Arroyo Estates 300.22 223.20 237.27
1994-1 Danbury 225.56 212.19 225.56
1994-2 Portola Meadows 305.17 247.23 262.81
1994-3 California Promenade I 429.34 352.80 375.03
1994-4 Windmill Springs 183.99 154.65 164.40
1994-6 California Nugget I 872.70 820.96 872.70
1994-7 Rincon Estates 77.98 62.97 66.94
1994-8 Hallmark Collection 170.77 142.61 151.60
1995-1 Orchard Business Park 237.99 216.29 229.92
1995-2 Sandhurst 264.69 177.07 188.23
1995-4 Airport Business # 1 2,234.80 919.00 976.92

EXHIBIT A
423
Proposed Assessments for Landscape Maintenance Districts Fiscal Year 2023-2024
Districts with Enduring Caps
District
No. District Name
Maximum
Assessment
FY 2023-2024
($)
Current
Assessment
FY 2022-2023
($)
Proposed
Assessment
FY 2023-2024
($)
1995-6 Alden Estates 640.28 602.32 640.28
1995-7 Scenic Links 278.67 137.30 145.95
1996-1 Portola Collection 491.31 346.80 368.66
1996-2 Altamont #1 886.09 318.17 338.22
1996-3 Beck - Concannon Blvd/Murdell Lane 725.84 682.81 725.84 1996-5 Sterling Reserve 1 378.49 306.61 325.93
1996-6 Sterling Reserve 2 371.62 349.59 371.62
1996-7 Devon Place T-6801 1,644.61 1252.62 1252.62
1996-8 Maralisa I 334.71 314.87 334.71
1996-9 California Ranch 152.75 143.69 152.75
1997-2 California Mountain View - 1 122.55 110.75 117.73 1997-3 California Mountain View - 2 109.42 89.56 95.20
1997-4 National Drive 109.82 70.66 75.11
1997-5 Dover 709.23 443.41 471.36
* See Section IV of this Report for information regarding the Downtown Landscape Maintenance District, LL-859

EXHIBIT A
424
Proposed Assessments for Landscape Maintenance Districts Fiscal Year 2023-2024
Districts with Max Caps
District No. District Name
Maximum
Assessment FY
2023-2024 ($)
Current
Assessment FY
2022-2023 ($)
Proposed
Assessment FY
2023-2024 ($)
805 The Greens, Tournament 1,127.15 504.71 531.47
809 Capistrano 488.77 62.68 66.00
813 Vintage Collection 1,500.17 1,118.32 1,177.62
815 Bluffs 611.10 580.33 611.10
817 Lomitas/Evans 1,587.45 966.11 1017.34
818 Airport Business Park Site #2 2,379.63 1,665.92 1,754.25 819 Vintner Place 1,729.84 885.05 931.98
820 Arroyo Road/Lomitas Avenue 2,353.86 1,279.97 1,347.84 821 Shea Business Center 503.32 241.85 254.67
822 Prima 315.71 299.81 315.71
824 Vintner Estates 2,466.45 1,104.28 1,162.83
826 Park Lane 561.77 533.48 561.77
827 Kristopher Ranch 636.06 382.84 403.14
828 Scenic Meadows 276.83 108.42 114.17
829 Larry's Place 3,138.94 1,969.46 2,073.89
830 Vinsanto 551.98 254.04 267.51
831 Sevillano 1,094.61 1,039.49 1,094.61
832 California Nugget II 696.34 661.28 696.34
835 Ashford Renaissance 1,972.19 1,111.71 1,170.66
836 Legacy 3,713.82 1,557.45 1,640.03
837 Los Olivos 1,172.52 1,113.48 1,172.52
838 Ponderosa - Legacy 1,582.57 1,066.97 1,123.54
839 Reserves 283.38 269.11 283.38
840 Birchwood 495.94 192.26 202.45
841 Vineyard Gates I 1022.54 971.05 1022.54
842 Lennox 3,142.09 871.57 917.78
843 Parkside Tiffany Collection 2,249.24 2,067.61 2,177.24 844 Cornerstone 296.99 282.04 296.99
850 Arroyo Plaza II 1048.07 408.82 430.50
853 Ladera Estates 4,329.32 2,040.03 2,148.20

EXHIBIT A
425
Proposed Assessments for Landscape Maintenance
Districts Fiscal Year 2022-23
Pre-Proposition 218 Districts
District
Number
District
Name
Maximum
Assessment
FY 2023-24
($)
Current
Assessment FY
2022-23
($)
Proposed
Assessment FY
2023-24
($)
1990-1 Silver Oaks 359.47 341.37 359.47
1993-1 Tapestry 415.75 394.82 415.75
1993-2 Walmart 101.43 40.38 42.52
1995-3 Jack London Place 134.26 127.50 134.26

EXHIBIT A
426
City of Livermore - Maintenance District No. LL-859
Maximum & FY 2023-24 Assessment Roll
(Maximum Assessments may be Increased by the Prior Year's Change in the CPI plus 1% each Fiscal Year) Maximum Maximum Maximum Maximum FY 2023-24 FY 2023-24 FY 2023-24 FY 2023-24 Streetscape Trail Frontage Area Park/Plaza Trail Maximum Frontage Area Park/Plaza Trail FY 2023-24 Property Parcel No. Class Zone Zone Frontage Imp Sq Ft Assessment A ssessment Assessment Assessment Assessment Assessment Assessment Assessment Assessm ent Assessment* Address 097 -0001-009-00 COM A1 2 66.260 3,791 $3,100.70 $1,570.57 $166.21 $9.77 $4,847.25 $3,100.70 $1,570.57 $63.47 $0.00 $4,734.74 2226 1ST ST 097 -0001-010-00 COM A1 2 17.740 1,998 $830.16 $827.75 $87.60 $5.15 $1,750.66 $830.16 $827.75 $33.45 $0.00 $1,691.36 2206 1ST ST 097 -0001-011-00 COM A1 2 25.000 2,600 $1,169.90 $1,077.15 $113.99 $6.70 $2,367.74 $1,169.90 $1,077.15 $43.53 $0.00 $2,290.58 2200 1ST ST 097 -0001-012-00 COM A1 2 25.860 2,500 $1,210.14 $1,035.73 $109.61 $6.44 $2,361.92 $1,210.14 $1,035.73 $41.85 $0.00 $2,287.72 2196 1ST ST 097 -0001-013-00 COM A1 2 25.000 2,600 $1,169.90 $1,077.15 $113.99 $6.70 $2,367.74 $1,169.90 $1,077.15 $43.53 $0.00 $2,290.58 2190 1ST ST 097 -0001-014-00 COM A1 2 60.000 8,120 $2,807.76 $3,364.03 $356.01 $20.92 $6,548.72 $2,807.76 $3,364.03 $135.94 $0.00 $6,307.72 2184 1ST ST 097 -0001-015-00 COM A1 2 105.990 4,249 $4,959.91 $1,760.32 $186.29 $10.95 $6,917.47 $4,959.91 $1,760.32 $71.14 $0.00 $6,791.36 2136 1ST ST 097 -0001-016-00 COM A1 2 23.300 1,918 $1,090.35 $794.61 $84.09 $4.94 $1,973.99 $1,090.35 $794.61 $32.11 $0.00 $1,917.06 2118 1ST ST 097 -0001-017-00 COM A1 2 56.000 6,608 $2,620.58 $2,737.63 $289.72 $17.02 $5,664.95 $2,620.58 $2,737.63 $110.63 $0.00 $5,468.84 2112 1ST ST 097 -0001-018-00 COM A1 2 27.000 1,300 $1,263.49 $538.58 $57.00 $3.35 $1,862.42 $1,263.49 $538.58 $21.76 $0.00 $1,823.82 2086 1ST ST 097 -0001-020-00 COM A1 2 26.000 1,320 $1,216.70 $546.86 $57.87 $3.40 $1,824.83 $1,216.70 $546.86 $22.10 $0.00 $1,785.66 2080 1ST ST 097 -0001-022-02 VCOM A1 2 20.500 0 $959.32 $0.00 $0.00 $0.00 $959.32 $959.32 $0.00 $0.00 $0.00 $959.32 2038 1ST ST 097 -0001-023-00 COM A1 2 50.000 3,447 $2,339.80 $1,428.06 $151.13 $8.88 $3,927.87 $2,339.80 $1,428.06 $57.71 $0.00 $3,825.56 2032 1ST ST 097 -0001-024-01 COM A1 2 100.000 1,620 $4,679.60 $671.15 $71.03 $4.17 $5,425.95 $4,679.60 $671.15 $27.12 $0.00 $5,377.86 2008 1ST ST 097 -0001-030-02 COM A1 2 31.500 1,320 $1,474.07 $546.86 $57.87 $3.40 $2,082.20 $1,474.07 $546.86 $22.10 $0.00 $2,043.02 2044 1ST ST 097 -0001-033-00 COM A1 2 0.000 21,976 $0.00 $9,104.44 $963.52 $56.61 $10,124.57 $0.00 $9,104.44 $367.92 $0.00 $9,472.36 43 S LIVERMORE AVE 097 -0001-034-00 COM A1 2 24.000 2,556 $1,123.10 $1,058.93 $112.07 $6.58 $2,300.68 $1,123.10 $1,058.93 $42.79 $0.00 $2,224.82 2056 1ST ST 097 -0001-035-00 COM A1 2 36.000 5,212 $1,684.66 $2,159.28 $228.51 $13.43 $4,085.88 $1,684.66 $2,159.28 $87.26 $0.00 $3,931.20 2062 1ST ST 097 -0004-001-02 COM B1 2 175.000 11,700 $984.55 $1,455.34 $512.97 $30.14 $2,983.00 $50.29 $74.33 $195.88 $0.00 $320.50 1870 1ST ST 097 -0004-002-02 IND B1 2 125.000 18,566 $703.25 $2,309.39 $814.01 $47.83 $3,874.48 $35.92 $117.95 $310.83 $0.00 $464.70 1814 1ST ST 097 -0005-001-10 COM B1 2 85.000 7,200 $478.21 $895.59 $315.68 $18.55 $1,708.03 $24.42 $45.74 $120.54 $0.00 $190.70 1790 1ST ST 097 -0005-001-11 COM B1 2 189.900 15,844 $1,068.38 $1,970.80 $694.66 $40.81 $3,774.65 $54.57 $100.66 $265.26 $0.00 $420.48 1764 1ST ST 097 -0005-001-12 COM B1 2 25.500 13,058 $143.46 $1,624.26 $572.51 $33.64 $2,373.87 $7.33 $82.96 $218.62 $0.00 $308.90 1722 1ST ST 097 -0008-001-00 COM B1 2 100.000 1,875 $562.60 $233.23 $82.21 $4.83 $882.87 $28.73 $11.91 $31.39 $0.00 $72.02 1593 1ST ST 097 -0008-002-00 COM B1 2 0.000 1,087 $0.00 $135.21 $47.66 $2.80 $185.67 $0.00 $6.91 $18.20 $0.00 $25.10 1576 2ND ST 097 -0008-003-00 SFR B1 2 0.000 832 $0.00 $103.49 $209.66 $12.32 $325.47 $0.00 $5.29 $80.06 $0.00 $85.34 1562 2ND ST 097 -0008-004-00 COM B1 2 100.000 10,080 $562.60 $1,253.83 $441.95 $25.97 $2,284.35 $28.73 $64.04 $168.76 $0.00 $261.52 1548 2ND ST 097 -0008-005-00 COM B1 2 100.000 2,001 $562.60 $248.90 $87.73 $5.15 $904.38 $28.73 $12.71 $33.50 $0.00 $74.94 1543 1ST ST 097 -0009-001-00 COM B1 2 100.000 1,032 $562.60 $128.37 $45.25 $2.66 $738.88 $28.73 $6.56 $17.28 $0.00 $52.56 1679 1ST ST 097 -0009-003-05 MFR B1 2 0.000 1,675 $0.00 $208.35 $422.09 $24.80 $655.24 $0.00 $10.64 $161.18 $0.00 $171.82 1624 2ND ST 097 -0009-003-06 MFR B1 2 0.000 1,675 $0.00 $208.35 $422.09 $24.80 $655.24 $0.00 $10.64 $161.18 $0.00 $171.82 1642 2ND ST 097 -0009-003-07 COM B1 2 100.000 1,050 $562.60 $130.61 $46.04 $2.70 $741.95 $28.73 $6.67 $17.58 $0.00 $52.98 1619 1ST ST 097 -0009-003-08 MFR B1 2 0.000 2,052 $0.00 $255.24 $517.10 $30.38 $802.72 $0.00 $13.04 $197.45 $0.00 $210.48 1610 2ND ST 097 -0009-005-01 OFF B1 2 100.000 1,350 $562.60 $167.92 $84.64 $4.97 $820.13 $28.73 $8.58 $32.32 $0.00 $69.62 1643 1ST ST 097 -0009-006-01 OFF B1 2 0.000 8,470 $0.00 $1,053.57 $531.05 $31.20 $1,615.82 $0.00 $53.81 $202.78 $0.00 $256.58 1686 2ND ST 097 -0010-001-01 COM B1 2 150.000 1,500 $843.90 $186.58 $65.77 $3.86 $1,100.11 $43.10 $9.53 $25.11 $0.00 $77.74 1771 1ST ST 097 -0010-002-03 COM B1 2 0.000 950 $0.00 $118.17 $41.65 $2.45 $162.27 $0.00 $6.04 $15.90 $0.00 $21.94 157 S N ST 097 -0010-003-01 SFR B1 2 0.000 1,554 $0.00 $193.30 $391.60 $23.01 $607.91 $0.00 $9.87 $149.53 $0.00 $159.40 1742 2ND ST 097 -0010-003-02 SFR B1 2 0.000 957 $0.00 $119.04 $241.16 $14.17 $374.37 $0.00 $6.08 $92.09 $0.00 $98.16 1730 2ND ST 097 -0010-004-00 SFR B1 2 0.000 1,144 $0.00 $142.30 $288.28 $16.94 $447.52 $0.00 $7.27 $110.08 $0.00 $117.34 1716 2ND ST 097 -0010-007-02 COM B1 2 150.000 1,595 $843.90 $198.40 $69.93 $4.11 $1,116.34 $43.10 $10.13 $26.70 $0.00 $79.92 1737 1ST ST 097 -0010-008-05 COM B1 2 0.000 4,015 $0.00 $499.42 $176.03 $10.34 $685.79 $0.00 $25.51 $67.22 $0.00 $92.72 1700 2ND ST 097 -0011-001-00 COM B1 2 50.000 4,061 $281.30 $505.14 $178.05 $10.46 $974.95 $14.37 $25.80 $67.99 $0.00 $108.16 1887 1ST ST 097 -0011-004-00 COM B1 2 54.000 2,015 $303.80 $250.64 $88.35 $5.19 $647.98 $15.52 $12.80 $33.74 $0.00 $62.06 1845 1ST ST 097 -0011-005-03 COM B1 2 92.050 1,472 $517.87 $183.10 $64.54 $3.79 $769.30 $26.45 $9.35 $24.64 $0.00 $60.44 1817 1ST ST 097 -0011-006-00 OFF B1 2 104.000 9,596 $585.10 $1,193.63 $601.65 $35.34 $2,415.72 $29.88 $60.96 $229.74 $0.00 $320.58 1859 1ST ST 097 -0011-007-00 OFF B1 2 0.000 1,382 $0.00 $171.90 $86.65 $5.09 $263.64 $0.00 $8.78 $33.09 $0.00 $41.86 1859 1ST ST 097 -0012-001-01 COM B1 2 150.000 10,800 $843.90 $1,343.39 $473.52 $27.82 $2,688.63 $43.10 $68.61 $180.81 $0.00 $292.52 1987 1ST ST 097 -0012-001-02 COM B1 2 104.000 4,230 $585.10 $526.16 $185.46 $10.90 $1,307.62 $29.88 $26.87 $70.82 $0.00 $127.56 1931 1ST ST 097 -0012-002-01 COM B1 2 0.000 5,770 $0.00 $717.72 $252.98 $14.86 $985.56 $0.00 $36.66 $96.60 $0.00 $133.26 153 S L ST 097 -0012-003-03 COM B1 2 0.000 5,500 $0.00 $684.13 $241.14 $14.17 $939.44 $0.00 $34.94 $92.08 $0.00 $127.02 1986 2ND ST 097 -0012-005-00 COM B1 2 46.000 6,900 $258.80 $858.28 $302.52 $17.77 $1,437.37 $13.22 $43.84 $115.52 $0.00 $172.58 1917 1ST ST 097 -0013-001-00 COM A1 2 50.000 4,513 $2,339.80 $1,869.69 $197.87 $11.63 $4,418.99 $2,339.80 $1,869.69 $75.56 $0.00 $4,285.04 2083 1ST ST 097 -0013-002-00 COM A1 2 0.000 3,164 $0.00 $1,310.81 $138.72 $8.15 $1,457.68 $0.00 $1,310.81 $52.97 $0.00 $1,363.78 2074 2ND ST 097 -0013-003-00 SFR A1 2 0.000 3,724 $0.00 $1,542.82 $938.43 $55.13 $2,536.38 $0.00 $1,542.82 $358.34 $0.00 $1,901.16 2046 2ND ST 097 -0013-005-00 COM A1 2 0.000 1,375 $0.00 $569.65 $60.29 $3.54 $633.48 $0.00 $569.65 $23.02 $0.00 $592.66 174 S L ST 097 -0013-006-01 COM A1 2 100.080 4,185 $4,683.34 $1,733.80 $183.49 $10.78 $6,611.41 $4,683.34 $1,733.80 $70.07 $0.00 $6,487.20 2017 1ST ST

Page 1 of 13 ends

Livermore City CouncilJune 26, 2023

Livermore City Council
June 26, 2023