Agenda packet — Livermore City Council, October 9, 2023 (part 1 of 2)

CITY COUNCIL
AGENDA

MONDAY, OCTOBER
9, 2023
REGULAR MEETING –
7:00 PM

CLOSED SESSION -
5:00 PM

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

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE

ZOOM IS CURRENTLY SUSPENDED UNTIL FURTHER NOTICE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Brittni Kiick, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Robert W Carling, Council Member
Livermore City Council Agenda
October
9, 2023

1 1.

CLOSED SESSION

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.

1.1 Public Employee Performance Evaluation. Annual evaluation of City Attorney, pursuant to Government Code section 54957.

1.2 Public Employee Performance Evaluation. Annual evaluation of City Manager, pursuant to Government Code section 54957.

1.3 Conference with Labor Negotiator. To meet with Mayor Marchand and Vice Mayor Kiick, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Attorney.

1.4 Conference with Labor Negotiator. To meet with Mayor Marchand and Vice Mayor Kiick, the City’s negotiators, pursuant to Government Code section 54957.6 regarding negotiations for salary and compensation for Unrepresented Employee – City Manager.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Confirm Advisory Body appointments to the Airport Commission, Livermore Housing Authority, and the Human Services Commission and direct the City Clerk to administer the oath of office.

Recommendation:

The City Council Subcommittee on Advisory Bodies recommends the City Council confirm the advisory body appointments to the Airport Commission, Livermore Housing Authority, and the Human Services Commission and direct the City Clerk to administer the oath of office.

Staff Report

4. OPEN FORUM

In conformance with the Brown Act, no City Council action can occur on items

ROLL CALL

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

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
October
9, 2023

2 presented during Open Forum.

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

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

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

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

5. CONSENT CALENDAR

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

5.1 Approval of draft minutes - September 11, 2023 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. 2023-09-11 Draft Minutes

5.2 Adopt an Ordinance
amending Section 1.04.010 Definitions and Rules of Construction in Title 1 General Provisions in the Livermore Municipal Code to define the Superintendent of Streets.

Recommendation:

Staff recommends the City Council adopt an ordinance approving modifications to Livermore Municipal Code Section 1.04.010 Definitions and Rules of Construction, adding the definition of the Superintendent of Streets as the City Engineer or their designee to the listed terms.

Staff Report

Attachments:

1. Redline Changes to Municipal Code

2. Ordinance

5.3 Introduce an Ordinance
and waive the first reading, amending section 11.08.010 Definitions and section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

Livermore City Council Agenda
October
9, 2023

3 Recommendation:

Staff recommends that the City Council introduce an ordinance and waive the first reading, amending section 11.08.010 Definitions and Section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

Staff Report

Attachments:

1. Ordinance

2. Exhibit A - Hangar Waitlist Policy Ordinance

5.4 Resolution authorizing the execution of an agreement with SmartWave Technologies, LLC to install and maintain a wireless Internet infrastructure throughout several City Facilities in an amount not-to-exceed $300,000.

Recommendation:

Staff recommends City Council adopt a resolution authorizing execution of an agreement with SmartWAVE Technologies, LLC to install, upgrade, and maintain a wireless Internet infrastructure in City Hall, the Civic Center Meeting Hall, the Police Department, the Civic Center Library, the City Water Reclamation Plant, the City Maintenance Yard, and the City Airport in an amount not-to-exceed $300,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.5 Resolution authorizing execution of a third amendment to the agreement with West Coast Arborists, Inc. for tree and shrub pruning and maintenance services for a total not-to-exceed amount of $994,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the execution of a third amendment to the agreement with West Coast Arborists, Inc. to increase the total compensation amount by $206,000 for a total not-to-exceed amount of $994,000.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Third Amendment

5.6 Resolution authorizing the City Manager to execute an agreement between the Livermore Pleasanton Fire Department (LPFD) and the Department of Veteran Affairs (VA) to provide emergency and fire protection services for the Veterans Administration Livermore Medical Center through October 31, 2024, and authorizing the City Manager to enter into a Revenue Sharing Agreement with the City of Pleasanton for Fire Services provided to the Veterans Affairs Livermore Medical Center.

Recommendation:

Livermore City Council Agenda
October
9, 2023

4 Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Agreement, on behalf of and for the LPFD in her capacity as a Joint Executive Director for LPFD, between the LPFD and the Department of Veteran Affairs (VA) to provide emergency and fire protection services for the Veterans Administration Livermore Medical Center (VAMC) through October 31, 2024, with an option to extend the agreement for an additional two years; and authorizing the City Manager to enter into a Revenue Sharing Agreement with the City of Pleasanton for Fire Services provided to the Veterans Affairs Livermore Medical Center.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - VA Contract

3. Exhibit B - Revenue Sharing Agreement

5.7 Resolution authorizing acceptance of funds in the amount of $50,230, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2023-24 and authorizing the City Manager to execute the grant agreement.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing acceptance of funds, in the amount of $50,230, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2023-24; 2 .

Authorizing the City Manager to execute the grant agreement; and 3 .

Approving a supplemental appropriation of $50,230 in the Police Department's budget to support the execution of the grant.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Grant Agreement

5.8 Resolution authorizing acceptance of $100,000 in grant funds from the California Office of Traffic and Safety (OTS) for Extrication Equipment, authorizing the execution of a grant agreement with OTS, appropriating $100,000 in the Equipment Replacement Fund for Fiscal Year 2023-24, and authorizing the purchase of Extrication Systems from L.N. Curtis and Sons.

Recommendation:

Staff recommends the City Council adopt a resolution:
1 .

Authorizing the City Manager, on behalf of and for the Livermore-Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, to accept a $100,000 grant from the Office of Traffic and Safety (OTS), and execute any agreements;
2 .

Authorizing appropriation of $100,000 in the Equipment Replacement Fund budget in FY 2023-24; and
3 .

Authorizing the purchase of extrication systems from L.N. Curtis and Sons.

Staff Report

Attachments:

Livermore City Council Agenda
October
9, 2023

5 1. Quote

2. Resolution

3. Exhibit A - Grant Agreement

5.9 Resolution approving amendments to the City’s Other Post Employment Benefits (OPEB) Policy to ensure the City does not over-fund its OPEB obligations.

Recommendation:

Staff recommends that the City Council adopt a resolution approving amendments to the City’s Other Post Employment Benefits (OPEB) Policy.

Staff Report

Attachments:

1. OPEB Policy (Redline Version)

2. Resolution

3. Exhibit A - OPEB Policy

5.10 Resolution authorizing participation in the PARS Section 115 Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank to help fund the City’s Pension and Other Post Employment Benefits (OPEB)

Recommendation:

Staff recommends that City Council adopt a resolution adopting the PARS Public Agencies Post-Employment Benefits Trust to help fund the City’s Pension and OPEB benefits and appoint the City’s Administrative Services Director as the City’s PARS Plan Administrator that is authorized to execute the PARS legal and administrative documents on behalf of the City.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

3. Exhibit B - Trustee Fee Schedule

4. Exhibit C - IRS Private Letter Ruling (PLR)

6. PUBLIC HEARINGS - NONE.

7. MATTERS FOR CONSIDERATION

7.1 Discussion of staff's response to the Municipal Services Review Survey administered by the Alameda County Local Agency Formation Commission including a proposed amendment to Livermore's Sphere of Influence; and direction on conducting a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.

Livermore City Council Agenda
October
9, 2023

6 Recommendation:

Staff recommends the City Council:
1 .

Receive information regarding a potential amendment to Livermore's Sphere of Influence related to the Municipal Services Review Survey response to the Alameda County Local Agency Formation Commission; and
2 .

Direct staff to conduct a citywide poll to reaffirm Livermore's interests to preserve open space and scenic corridor above highway 580.

Staff Report

Attachments:

1. Doolan Canyon SOI Amendment

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

To a Special City Council meeting on Monday, October 16, 2023 at 5:00 pm, and a Regular City Council meeting on Monday, October 23, 2023 at 7:00 pm, in the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials.

Staff Report

Attachments:

1. 2023-10-09 Supplemental Materials Received Prior to the Meeting

2. 2023-10-09 Supplemental Materials Received at the Meeting - Public Comment

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items Received at the Meeting

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

Public Hearings
- The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open

Livermore City Council Agenda
October
9, 2023

7 the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.

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

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

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

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

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

TV29:
tv29live.org
Comcast Cable 29
YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.

The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 Livermore City Council Agenda
October
9, 2023

8 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

ITEMS RECEIVED AT THE MEETING

Livermore City Council Agenda
October
9, 2023

9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Confirm Advisory Body appointments to the Airport Commission, Livermore Housing Authority, and the Human Services Commission and direct the City Clerk to administer the oath of office.

RECOMMENDED ACTION

SUMMARY
On September 26, 2023, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Airport Commission, Livermore Housing Authority, and the Human Services Commission, and have submitted their recommendation for City Council consideration and appointment.

DISCUSSION
On September 26, 2023, the City Council Subcommittee on Advisory Bodies interviewed applicants for vacancies on the Airport Commission, Livermore Housing Authority, and the Human Services Commission, and recommends confirmation of the following appointments:

Livermore Airport Commission 2 Vacancies (Pilot)
Reappointment to a regular term ending November 1, 2027.

Darrin Bishop

Livermore Housing Authority 2 Vacancies (At-Large)
Reappointment to a regular term ending January 1, 2028.

Marvin Evans

Appointment to a regular term ending January 1, 2028
Carla Welch
10 Human Services Commission 5 Vacancies
Reappointment to regular terms ending November 1, 2027.

Elizabeth McWhorter
Umashankar Meda
Marti Sutton

Appointment to regular terms ending November 1, 2027
Maxwell Nelson
Ashley Onadele

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

FISCAL AND ADMINISTRATIVE IMPACTS

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

COMMUNITY PILLAR
1: A City That Works

GOAL
2: Engage effectively with the City's advisory bodies

ATTACHMENTS

Prepared by: Debbie Elam
Assistant City Clerk

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - September 11, 2023 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2023-09-11 Draft Minutes

Prepared by: Marie Weber
Deputy City Manager/City Clerk

MINUTES

CITY COUNCIL
SEPTEMBER 11, 2023
________________________________________________________________

SUMMER READING PROGRAM AWARDS PRESENTATION
6:00 PM
LIBRARY SUMMER READING AWARDS - 6:00 pm

1. CALL TO ORDER - Mayor Marchand called the meeting to order at 6:00 pm. Present: Mayor John Marchand and Council Members Ben Barrientos, Evan Branning, and Robert W. Carling. Vice Mayor Kiick was absent. Library Director Anwan Baker presented the Summer Reading Program awards. ________________________________________________________________

REGULAR MEETING

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

ROLL CALL – Present: Mayor John Marchand and Council Members Ben Barrientos, Evan Branning, and Robert W. Carling. Vice Mayor Kiick participated virtually as a just cause alternative as allowed for in the Brown Act.

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE
Livermore-Pleasanton Fire Deputy Chief Jason Solak led a moment of silence in honor of 9/11.

3. PROCLAMATIONS AND PRESENTATIONS – NONE

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

Greg Scott, provided a comment.

David McGuigan, provided a comment.

Marti Sutton provided a comment.
13 ATTACHMENT 1
CM/75/2 Minutes SEPTEMBER 11, 2023
Kyle Erikson, provided a comment.

Brandon Clutter, provided a comment.

Donna Cabanne, provided a comment.

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

5. CONSENT CALENDAR
Items 5.4 and 5.6 were removed from the Consent Calendar for separate discussion by Council Member Barrientos.

Community Development Director Paul Spence provided a presentation for Item

5.4. Innovation and Economic Development Director Brandon Cardwell provided a presentation for Item 5.6.

Mayor Marchand opened the public comment period.

Item 5.4 Greg Scott, provided a comment.

Item 5.6 Ruby Lopez Villarreal provided a comment.

Item 5.8 Greg Scott, provided a comment.

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

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

5.1 Approval of draft minutes - July 10, 2023 Regular Meeting, July 17, 2023 Special Meeting, and July 24, 2023 Regular Meeting.

5.2 Resolution 2023-154 authorizing execution of an agreement with AMS.NET for the purchase of a replacement core information technology infrastructure switch in an amount not-to-exceed $200,000.

5.3 Resolution 2023-155 authorizing the execution of an amendment to the Memorandum of Understanding between the City of Livermore, Alameda County, and Livermore Sanitation, Inc to include Alameda County’s acceptance of Livermore Sanitation’s Assignment to Waste Connections, and to memorialize the SB 1383 services provided to Alameda County customers.

5.4 Resolution 2023-156 authorizing the City Manager to execute an amendment to the Memorandum of Understanding with City of Pleasanton for the Environmental Review of Tri-Valley Haven’s Emergency Shelter Rebuild Project 14 ATTACHMENT 1
SEPTEMBER 11, 2023 Minutes CM/75/3
to add the City of Dublin and County of Alameda as cooperating entities.

5.5 Resolution 2023-157 accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Parcel Map 10589 located at 4260 First Street for Affordable Residential Housing by MP Avance Associates, L.P. for permanent maintenance and release of security.

5.6 Resolution 2023-158 accepting the Livermore Downtown Inc. Annual Report for FY 2022-23 and authorizing the execution of a grant agreement with Livermore Downtown Inc. in the amount of
$90,000 for FY 2023-24.

5.7 Resolution 2023-159 implementing a citywide Email Management Program for the improved management and security of emails.

5.8 Resolution 2023-160 of continued local emergency in response to impacts from a series of severe storm events earlier this year.

6. PUBLIC HEARINGS

6.1 Hearing to receive and consider protests related to the annual fire hazard abatement program and confirm the 2023 weed abatement assessments for collection on the County Assessor tax roll.

Recommendation: Staff recommended City Council consider all protests, and if Council finds appropriate, adopt a resolution overruling protests and confirming the 2023 weed abatement assessments and direct staff to file a certified copy of the assessment report with the County Auditor
Livermore-Pleasanton Fire Department Deputy Fire Chief Ryan Rucker presented the staff report.

Mayor Marchand opened the public hearing.

Alan Marling, provided a comment.

There were no more speakers and the hearing was closed.

ON THE MOTION OF COUNCIL MEMBER BRANNING SECONDED BY
COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY

COUNCIL ADOPTED THE FOLLOWING RESOLUTION WITH AMENDMENT TO EXHIBIT A EXCLUDING THE COLLIER CANYON ROAD ADDRESS:

Resolution 2023-161 overruling protests and confirming assessments – Fire Hazard Abatement.

7. MATTERS FOR CONSIDERATION - NONE

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY 15 ATTACHMENT 1
CM/75/4 Minutes SEPTEMBER 11, 2023

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Cemetery Project CM Branning requested a memo from staff regarding the status of the cemetery project in the county.

Stop Waste CM Carling noted his attendance at the July 26, 2023 board meeting.

Tri-Valley Non-Profit Alliance Art & Wine Event CM Carling noted his attendance at the event on July 26, 2023.

Wine Country Luncheon CM Carling noted his attendance at the event on July 27, 2023.

Livermore Little League CM Carling noted his attendance at the opening ceremony on July 29, 2023.

Livermore Little League CM Carling noted his attendance at the noon game for the first pitch on July 30, 2023.

National Night Out CM Carling and Mayor Marchand noted their participation in the event on August 1, 2023.

Cornerstone Church CM Carling and Mayor Marchand noted their attendance at the National Health Center event on August 11, 2023.

Salud y Sol CM Carling noted his attendance at the event on August 12, 2023.

Las Positas Vineyard CM Carling and Mayor Marchand noted their attendance at the Blessing of the Grapes event on August 16, 2023.

Livermore-Amador Valley Water Management Agency (LAVMA) CM Carling noted his attendance and appointment as Board President at the Board Meeting on August 16, 2023.

Bay Area Housing Financial Authority CM Carling noted his attendance at the meeting on August 24, 2023.

Lahaina CM Barrientos noted money was sent as support through the Lions Club.

Tri-Valley District Tour Mayor Marchand noted that the Tri-Valley Mayors hosted an event and invited Congressman Swalwell to tour Access, Vineyard 2.0 16 ATTACHMENT 1
SEPTEMBER 11, 2023 Minutes CM/75/5
and received an update on Valley Link on July 14, 2023.

Tri-Valley Mayor’s Summit Mayor Marchand noted his attendance at the event on July 31, 2023.

Livermore Youth Climate Action Summit Mayor Marchand noted his attendance at the summit on August 9, 2023.

Livermore Amador Valley Transportation Association Kiick noted her attendance at the finance committee meeting on August 22, 2023. She also noted her attendance at the board meeting on September 11, 2023.

State of the Tri-Valley VM Kiick noted her attendance on September 7, 2023 and Mayor Marchand noted that VM Kiick was recognized as one of the Tri- Valley’s top 20 Under 40ish.

Springtown Traffic VM Kiick also praised staff and Planning Commissioner Steve Dunbar regarding bringing traffic concerns in Springtown to the Council’s attention.

9. CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 8:35 pm, held in person at 1016 S. Livermore Avenue and remotely using Zoom and YouTube.

ROLL CALL – Present: Mayor John Marchand and Council Members Ben Barrientos, Evan Branning, and Robert W. Carling. Vice Mayor Kiick was virtual, as a just cause alternative, as allowed for in the Brown Act.

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

Mayor Marchand opened the public comment period.

There were no speakers and the public comment was closed.

9.1 Anticipated Litigation. To meet with the City Attorney pursuant to Government Code section 54956.9(d)(2) because there is significant exposure to litigation against the City based on existing facts and circumstances. (Two claims)
A. Pursuant to Government Code section 54956.9(e)(3) due to the receipt of claim from Northfield, LLC pursuant to the Government Claims Act. A redacted copy of Claim No. LIVE-2022-2023-0021-01 is available for public inspection pursuant to Government Code section 54957.5.

B. Pursuant to Government Code section 54956.9(e)(3) due to the receipt of claim from Ryan’s Automotive Services pursuant to the Government Claims Act. A redacted copy of Claim No.
17 ATTACHMENT 1
CM/75/6 Minutes SEPTEMBER 11, 2023
LIVE-2022-2023-0021-02 is available for public inspection pursuant to Government Code section 54957.5.

9.2 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One case) Friends of South Livermore v. City of Livermore, et al., Alameda County Superior Court Case No. RG20054362, First Appellate District Case No.

A162471.

9.3 Conference with Labor Negotiator. To meet with Tina Olson, Administrative Services Director, the City’s negotiator pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Officers Association.

9.4 Conference with Labor Negotiator. To meet with Tina Olson Administrative Services Director, the City’s negotiator pursuant to Government Code section 54957.6, regarding negotiations with the Livermore Police Management Association.

9.5 Conference with Real Property Negotiator. To meet with Scott Lanphier and Benedict Stuth, the City’s negotiators pursuant to Government Code section 54956.8, regarding the airport restaurant lease agreement approved on April 9, 2018, for a portion of the property located at 680 Terminal Circle, Livermore, California. The City negotiators may negotiate with Harmail Chatha on behalf of SAAB13, LLC. The instructions will concern the terms and conditions of the agreement and whether any changes should be made to the lease.

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

9. ADJOURNMENT – at 8:55 pm to a Regular City Council Meeting on Monday, September 25, 2023 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.

APPROVED:

JOHN P. MARCHAND, MAYOR
ATTEST:

MARIE WEBER, CITY CLERK
18 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Adopt an Ordinance
amending Section 1.04.010 Definitions and Rules of Construction in Title 1 General Provisions in the Livermore Municipal Code to define the Superintendent of Streets.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Redline Changes to Municipal Code

2. Ordinance

Prepared by: Farnoush Levers
Senior Civil Engineer

Chapter 1.04

GENERAL PROVISIONS

Sections:

1.04.010 Definitions and rules of construction.

1.04.020 Provisions considered continuations of existing ordinances.

1.04.030 Effect of repeal of provisions.

1.04.040 Catchlines of sections.

1.04.050 Severability.

1.04.010 Definitions and rules of construction.

In the construction of this code and of all ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council, or the context clearly requires otherwise:

1. “City.” The words “the City” or “this City” shall be construed as if followed by the words “of Livermore.”

2. “Code.” The Livermore Municipal Code, together with the Livermore Development Code, which pertains to zoning and land use, are collectively the governing code for the City.

3. “Computation of Time.” The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

4. “Council” means the City Council of the City of Livermore.

5. “County.” “The county” or “this county” means the county of Alameda.

6. “Day” means the period of time between any 12:00 midnight and the 12:00 midnight following.

7. “Daytime” means the period of time between sunrise and sunset.

8. “Gender.” The masculine gender includes the feminine and neuter.

9. “In the City” means and includes all territory over which the City now has, or shall hereafter acquire, jurisdiction for the exercise of its police powers or other regulatory powers.

10. “Joint Authority.” All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or office rs.

11. “Month” means a calendar month.

12. “Nighttime” means the period of time between sunset and sunrise.

13. “Number.” The singular number includes the plural, and the plural the singular.

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14. “Oath” includes affirmation.

15. “Officer, Office, Employee, Board, Commission or Department.” Whenever any officer, office, employee, board, commission or department is referred to, it means an officer, office, employee, board, commission or department of the City, unless the context clearly requires otherwise.

16. “Official Time.” Whenever certain hours are named in this code, they mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the City.

17. “Or, And.” “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.

18. “Owner.” The word “owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.

19. “Person” means any person, firm, association, organization, partnership, business trust, corporation or company.

20. “Personal property” means every species of property, except real property, as defined in this section.

21. “Preceding, Following.” “Preceding” and “following” mean next before and next after, respectively.

22. “Process” means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature.

23. “Property” means real and personal property.

24. “Real property” means lands, tenements and hereditaments.

25. “Shall, May.” “Shall” is mandatory, and “may” is permissive.

26. “Signature” or “subscription” means and includes a mark when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

27. “State.” “The state” or “this state” means the state of California.

27.28. “Superintendent of Streets” shall mean the City Engineer or their duly authorized designee.

28.29. “Tenant” or “occupant,” applied to a building or land, means any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

29.30. “Tenses.” The present tense includes the past and future tenses, and the future includes the present. Page 2 of 3
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30.31. “Writing” means any form of a recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

31.32. “Year” means a calendar year, except where otherwise provided. (Ord. 2082 § 1(A), 2019; Ord. 2065 § 1(A), 2018; 1960 code § 1.2)

1.04.020 Provisions considered continuations of existing ordinances.

The provisions appearing in this code, so far as they are the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof, and not as new enactments. (1960 code § 1.3)

1.04.030 Effect of repeal of provisions.

A. The repeal of an ordinan ce shall not revive any ordinance in force before or at the time the ordinance repealed took effect.

B. The repeal of an ordinan ce shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed. (1960 code § 1.4)

1.04.040 Catchlines of sections.

The catchlines of the several sections of this code, printed in boldface type, are intended as mere catchwords to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of the sections; nor, unless expressly so provided, shall they be so deemed when any of suc
h sections, including the catchlines, are amended or reenacted. (1960 code § 1.6)

1.04.050 Severability.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code is declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstituti onality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Ord. 2065 § 1(A), 2018; 1960 code § 1.5)

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22 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING SECTION 1.04.010 DEFINITIONS AND RULES OF CONSTRUCTION IN TITLE 1 GENERAL PROVISIONS IN THE LIVERMORE

MUNICIPAL CODE TO DEFINE THE SUPERINTENDENT OF STREETS

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

Section 1. Amendment. Section 1.04.010 Definitions and Rules of Construction of the Livermore Municipal Code is hereby amended, as set forth below. The deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

1.040.010 Definitions and Rules of Construction

28.“Superintendent of Streets” shall mean the City Engineer or their duly authorized designee.

28. 29. “Tenant” or “occupant,” applied to a building or land, means any person holding a written or an oral lease of, or who occupies the whole or a part of such building or land, either alone or with others.

29. 30. “Tenses.” The present tense includes the past and future tenses, and the future includes the present.

30. 31. “Writing” means any form of a recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise.

31. 32. “Year” means a calendar year, except where otherwise provided. (Ord. 2082 § 1(A), 2019; Ord. 2065 § 1(A), 2018; 1960 code § 1.2) Section 2. Environmental. The adoption of this ordinance is not a project as defined by California Environmental Quality Act (“CEQA”) Guidelines Section 15378 and, therefore, is not subject to environmental review.

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.
23 The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Introduce an Ordinance
and waive the first reading, amending section 11.08.010 Definitions and section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

RECOMMENDED ACTION

SUMMARY
The Hangar Waiting List Ordinance codified in Section 11.08.080 establishes procedures for managing hangar waitlists at the Livermore Municipal Airport. The Hangar Waiting List policy is approved by the Airport Commission and may be amended from time to time. This policy and future amendments are incorporated into the Livermore Municipal Code: 11.08.080: Hangar Waiting Lists.

Proposed changes made to the Hangar Waiting List Ordinance will provide for unmet essential services, flight instruction and fuel delivery.

DISCUSSION
The Livermore Airport Hangar Waitlist policy was established in 2007 and updated in 2020 to provide a systematic method of placing businesses and individuals on a waitlist for City-owned hangars. The City owns both 60’ x 60’ and 100’ x 100’ hangars. Under the former policy, businesses and individuals could apply to lease a hangar by applying to the Airport Manager, who placed them on a waitlist according to the size of hangar requested and assigned points based on criteria established in the former policy.

In the fall of 2021, as a result of a legal challenge to the former policy, the City engaged a consultant to review and make recommended revisions based on industry best practices. Key components of the new policy, approved by the Airport Commission, include but are not limited to the following: giving priority to essential air services, establishing order chronologically, and limiting the number of hangars to a 25 maximum of three per entity.

The new policy enhances the Airport’s ongoing viability and supports essential air services, including flight instruction, fuel delivery, and aircraft maintenance and avionics.

The Hangar Waiting Lists Ordinance update was first presented to the Airport Commission on February 6, and subsequently unanimously approved on June 5, 2023. There were no public comments made on this item.

With approval by the Airport Commission, the new ordinance must be codified by the City Council.

Therefore, staff recommends that the City Council introduce an ordinance and waive the first reading, amending section 11.08.010 Definitions and Section 11.08.080 Hangar Waiting Lists of Chapter 11.08 Airport Rules and Regulations of the Livermore Municipal Code.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal impacts associated with codifying the ordinance. Administrative impacts are minimal.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOA
L
14: Update development standards, codes, and ordinances.

ATTACHMENTS

1. Ordinance

2. Exhibit A - Hangar Waitlist Policy Ordinance

Prepared by: Benedict Stuth
Acting Airport Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
26 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING SECTION 11.08.010 DEFINITIONS AND SECTION

11.08.080 HANGAR WAITING LISTS OF CHAPTER 11.08 AIRPORT RULES AND

REGULATIONS OF THE LIVERMORE MUNICIPAL CODE
The Livermore Airport Hangar Waitlist Policy (“Policy”) establishes procedures for managing hangar waitlists at the Livermore Municipal Airport.

The Policy is approved by the City of Livermore Airport Commission (“Airport Commission”) and may be amended from time to time.

In May 2020, the Livermore Airport began the process of updating the Policy to prioritize unmet essential air services (“Essential Air Services”) at the Airport. Prior to this time, the hangar waitlist was operated on a first come first served basis. As a result, if an Essential Air Service ceased utilizing hangar space for its operations and the first-in-line tenant for the vacated hangar did not provide Essential Air Services, there would be a gap in aviation services available to pilots at the Airport.

The Airport Commission approved the revised Policy on June 5, 2023. The revised Policy now permits prioritizing unmet Essential Air Services for certain vacant hangar space. This recent revision to the Policy necessitates an update to Sections 11.08.010 and 11.08.080 of the Livermore Municipal code to bring the City of Livermore’s hangar waiting list ordinance in line with the revised Policy.

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

Section 1. Amendment. Sections 11.08.010 and 11.08.080 of the Livermore Municipal Code are hereby amended as set forth in Exhibit A, attached hereto. In Exhibit A, the deletions are shown using a strikethrough, and the added language is shown with an underline, but the stricken language and the underlines themselves shall not be codified in the Municipal Code, which publication shall only reflect the final language.

Section 2. Environmental. The adoption of this ordinance is not a project as defined by the California Environmental Quality Act Guidelines Section 15378 and therefore, is not subject to environmental review.

Section 3. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.

Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Livermore within fifteen days after its adoption.

Section 5. Effective date. This Ordinance shall take effect 30 days after its adoption.
27 The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Tara Mazzanti
Marie Weber Tara Mazzanti
Deputy City Manager/City Clerk Assistant City Attorney
Exhibit A – Amended Sections 11.08.010 (Definitions) and 11.08.080 (Hangar Waiting Lists) of Chapter 11.08 (Airport Rules and Regulations) of the Livermore Municipal Code
28 11.08.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:
“Abandoned or unclaimed aircraft” means an aircraft that has not been utilized, flown or worked on for a period of 13 consecutive months when stored inside a hangar or on a tie-down, and/or has not been maintained in flyable condition. Abandoned or unclaimed aircraft are aircraft which do not appear to cause or constitute an imminent or immediate danger to the health or safety of persons using the airport. “Accident” means a collision or other contact between any part of an aircraft, vehicle, person, stationary object and/or other thing which results in property damage, personal injury, or death; or an entry into or emergence from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person or which results in property damage.
“Aeronautical activity” means any activity that involves, makes possible, facilitates, is related to, assists in or is required for the operation of an aircraft or airport or which contributes to, or is required for, the safety of aircraft and/or airport operations.
“Affiliate” means any company that controls, or is controlled by, or is under common control with another company.
“Agreement,” “license” or “permit” means a written contract, executed by both parties and enforceable by law, between the City and an individual or entity granting a concession, transferring rights or interest in land and/or improvements, and/or otherwise authorizing and/or prohibiting the conduct of certain activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the airport including, but not limited to, the term of the agreement, rents, fees, and charges to be paid by the individual or entity; and the rights and obligations of the respective parties. Examples include, but are not limited to, commercial aviation permits and hangar lease agreements.
“Air traffic control” means the service, control and authority established by FAA or contract tower personnel to promote the safe, orderly, and expeditious flow of air traffic. “Aircraft” means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, except a parachute or other contrivance designed for such navigation but used primarily as

EXHIBIT A
29 safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, ultralights, light sport and seaplanes.
“Aircraft maintenance” means the repair, maintenance, alteration, preservation, or inspection of aircraft including the replacement of parts and shall be considered either major repairs or minor repairs. “Major repairs” include major alterations to the airframe, powerplant, and propeller as defined in 14 CFR Part 43. “Minor repairs” include normal, routine annual inspection with attendant maintenance, repair, calibration, or adjustment of aircraft and their accessories.
“Aircraft operator” means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of aircraft, or on any part of the surface of the airport. “Airframe and powerplant mechanic” (or “A and P mechanic”) means a person who holds an aircraft mechanic certificate with both the airframe and powerplant ratings. This certification is issued by the Federal Aviation Administration (“FAA”) under the provisions of 14 CFR Part 65. “Airplane” means, more specifically, an engine-driven, fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings. “Airport” means the Livermore municipal airport, located in the City of Livermore, state of California. “Airport Commission” means those persons appointed to that position by the City Council. “Airport manager” means the person appointed to this job classification by the City, or the City’s authorized representative.
“Airport operating area” or “AOA” means any area of the airport used or intended to be used for landing, taking off, or surface maneuvering of aircraft.
“Aviation-related activity” means any activity conducted on airport property that provides service and support to airport users. The following are examples of aviation-related activities; they include but are not limited to ground transportation, restaurants, auto parking lots, concessions, etc. “Based aircraft” means any aircraft assigned a reserved tie-down, shelter or hangar space for the majority of the calendar year, whether or not such assignment is made under a written lease with the City.

EXHIBIT A
30 “Commercial aviation permit” or “CAP” means the legal agreement between the airport and an individual or entity providing a commercial aeronautical activity which is consistent with the adopted minimum standards for commercial aeronautical activities and which grants permission to perform such activity on or from the airport property, whether directly or indirectly related to aviation activities or aeronautical activities, and with the intent to generate and/or secure earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished. “Derelict aircraft or vehicle” means any vehicle, aircraft or other property which causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the persons using the airport or a significant portion thereof. “Essential Services” means those services that owners and operators of non-turbojet powered aircraft less than 12,500 lbs. maximum takeoff weight need to maintain airworthiness of such aircraft. At a minimum, these services shall include Avionics, Airframe and Powerplant Major Repair and Alteration performed by Federal Aviation Administration (FAA) certificated Repair Station(s).
“FAA” means the Federal Aviation Administration, which is the agency of the United States government that has the responsibility of promoting safety in the air.
“Fixed base operator” or “FBO” means a person, partnership, corporation, unincorporated association, their assignees or sub-lessees which perform a commercial aeronautical activity upon the airport pursuant to an agreement between the City and the individual or entity. “Fuel” means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, e.g., avgas, jet fuel, ethanol-free premium auto fuel, diesel, and biofuel. These fuels may also be used in vehicles or equipment, as appropriate and permitted.
“Fuel handling” means the transportation, delivering, fueling, or drainage of fuel or fuel waste products. “Hangar” means a fully enclosed, lockable storage space for one or more aircraft, further defined by size and purpose as follows:

1. Commercial hangar: These hangar units encompass no less than 10,000 square feet of floor and office space and are generally intended to be occupied by one or more FBOs.

2. Corporate hangar: These square or rectangular hangars encompass more than 3,600 square feet and are generally intended to house larger corporate or business-type single- and twin-engine aircraft.

EXHIBIT A
31 3. Executive hangar: These square or rectangular hangars encompass at least 2,500 square feet of floor space and are generally intended to house corporate or business-type single- and twin-engine airplanes.

4. Rectangular hangar: These hangar units encompass at least 1,800 square feet of floor space and are generally intended to accommodate large single- or twin-engine airplanes.

5. T-hangar: These hangar units are configured to accommodate an airplane’s “T” shape, encompass at least 900 square feet of floor space, and are generally intended to accommodate smaller single- and twin-engine airplanes. The T-hangars located at the end of each hangar building contain an additional half of the square footage of a T-hangar unit, and are referred to as “T-combo” units. “Hazardous materials” means any oil, petroleum products, flammable substances, explosives, radioactive materials, wastes, or substances or any other wastes, material or pollutants which pose a hazard to the health and safety of any person on or entering the airport property or which are classified as hazardous materials under applicable regulatory measures.
“Lessee” or “tenant” means an individual or entity that has entered into an agreement with the airport to occupy, use, and/or develop land and/or improvements and engage in aeronautical activities. “Long-term lease” means a ground lease with any initial term longer than five years. “Medium-term lease” means a facility lease with any initial term longer than 30 days but no more than five years.
“Minimum standards” means those guidelines, qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition precedent to the right to engage in activities at the airport, adopted by the City Council by resolution and as may be amended from time to time. These are also referred to as the minimum standards for commercial aeronautical activities. “Movement areas” are those portions of the AOA that are under the control and jurisdiction of FAA air traffic control, primarily taxiways and runways.
“Operator” means an individual or entity that has entered into an agreement with the airport to engage in commercial aeronautical activities.
“Person” means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity.

EXHIBIT A
32 “Preventive maintenance” means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations. “Regulatory measures” means federal, state, county, and city laws, codes, ordinances, policies, rules and regulations, all as may be in existence, hereafter enacted, and amended from time to time. “Rules and regulations” means the provisions contained in this title and adopted by ordinance by the City Council and which pertain to the use and operations of the airport. “Self-fueling” means the fueling of an aircraft by the owner of the aircraft with his or her own employees and using his or her own equipment.
“Special event” means a specific occasion so arranged or planned for a particular purpose that is in addition to or more than the permitted activities engaged in by an individual (including an operator, lessee or third parties) or entity at the airport pursuant to an agreement.
“Specialized aviation service operator” (or “SASO”) means a commercial operator engaged in providing a single aeronautical service, or a combination of aeronautical services, including but not limited to aircraft maintenance, avionics or instrument maintenance, aircraft rental and/or flight training, aircraft charter or aircraft management, aircraft sales, and/or aircraft storage, as permitted. A SASO is not permitted to engage in aeronautical activities involving the sale of aviation fuel. “SWPPP” means the current stormwater pollution and prevention program in place at the airport, as may be amended from time to time.
“Tie-down” means the area, paved or unpaved, suitable for parking and mooring of aircraft wherein suitable tie- down points have been located.
“Transient aircraft” means any aircraft which utilizes the airport for occasional temporary purposes, generally no longer than seven days, and which is based at another airport and is not assigned a reserved tie-down or hangar at the airport.
“Unmet Essential Services” means a condition that exists whenever aircraft owners and operators are not able to obtain Essential Services at the Livermore Airport. (Ord. 2085 § 1(A), 2019; Ord. 2065 § 1(A), 2018; Ord. 1916 § 1(5), 2010; Ord. 1905 § 1, 2010)

EXHIBIT A
33 11.

08.080 Hangar waiting lists.

A. The airport maintains three waiting lists, one for T-hangars and one each for small and large box hangars (e.g., rectangular, executive and corporate hangars). These lists are derived from a hangar application form which is available at the airport office or from the City’s website. The application must be completed by the applicant and submitted to the airport office along with a required deposit. The applicants’ names will be listed by date in chronological order with the earlier dates at the top of the list. When a T-hangar or small box hangar becomes available, the person on the top of that list will be contacted and offered that unit. After being contacted by staff, the person will have three five (5) business days to accept the unit for lease. If the person declines the unit because he or she does not currently own an aircraft, or is a tenant with one or more hangars and/or tie-downs not currently in compliance with lease terms or this chapter, he/she will remain on the top of the list as having “passed” until such time the tenant obtains an aircraft or is fully in compliance with the lease terms. After two passes the applicant will be moved to the bottom of the listUpon the second refusal, the applicant will be moved to the bottom of the appropriate list. Subsequent refusals will result in removal from the waiting list. Anyone removed from the waiting list may restore their name to the bottom of the list by contacting the Airport.

B. The policy for administering the largebox hangar waiting lists for rectangular, executive and corporate hangars reflects the City’s intention to use these hangars to store corporate or business-type aircraft and/or to accommodate entities seeking to conduct commercial aeronautical activities pursuant to the airport minimum standards and/or a Commercial Aviation Permit (CAP).

The policy statement on waiting list for large (box) hangars is available at the airport office or from the City’s website. Entities on the waiting list for box hangars will be first ordered on the intended use of hangar space with aeronautical use listed before those entities with intended non-aeronautical use of the hangar. When box hangars become available, if the Livermore Airport is in a condition of Unmet Essential Services, priority shall be first given to applicants that will provide Essential Services. Second priority will be given to applicants that either own an airworthy aircraft of a size that is too large to fit into a smaller hangar or who hold a current CAP that justifies the need for a box hangar to engage in the commercial activity. Third priority will be given to other aeronautical use, with leases only available month-to-month until a higher priority application is submitted.

NonFinally, non-aeronautical users can be listed for month-to-month lease of a box hangar until a higher priority application is submitted. Failure to obtain FAA approval and provide the needed Essential Services within a

EXHIBIT A
34 reasonable amount of time will result in lease termination, and reinstatement of Unmet Essential Services condition.

Otherwise, in normal times, box hangars will be offered to applicants with aircraft too large to fit in smaller hangars.

The applicants’ names will be listed by date in chronological order with the earlier dates at the top of the list. If the applicant person declines the unit because he or she does not currently own an aircraft or is a tenant with one or more hangars and/or tie-downs not currently in compliance with lease terms or this chapter, the applicant he/she will remain on the top of the list as having “passed” until such time the tenant obtains an aircraft or is fully in compliance with the lease terms. Upon the second refusal, the applicant will be moved to the bottom of the appropriate list. Subsequent refusals will result in removal from the waiting list. Anyone removed from the waiting list may restore their name to the bottom of the list by contacting the Airport. If at any time should hangar availability exceed demand and a vacant hangar become available, non-aeronautical use may be permitted under limited terms, including month to month terms at fair market commercial rates. The policy is approved by the Airport Commission and may be amended from time to time.

C. The number of corporate and executive hangars that an entity and its affiliates may lease at the airport is limited to three units in order to allow others the opportunity to use hangar space for aeronautical storage or service on the airport.

CD. Individuals on the list are responsible for keeping their contact information current at all times. If at any time an individual cannot be contacted at the address provided, that individual’s name will be removed from the list and their waiting list deposit forfeited. (Ord. 2082 § 1(G), 2019; Ord. 2065 § 1(A), 2018; Ord. 1916 § 1(7), 2010; Ord. 1905 § 1, 2010)

EXHIBIT A
35 CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing the execution of an agreement with SmartWave Technologies, LLC to install and maintain a wireless Internet infrastructure throughout several City Facilities in an amount not-to-exceed $300,000.

RECOMMENDED ACTION

SUMMARY
The City of Livermore (City) currently provides a wireless Internet system at all of its publicly accessible buildings that is not meeting the needs of the City. It is built using inconsistent types of consumer grade hardware and constantly suffers from inadequate capacity, lack of connectivity, and overall poor performance. This project will remove all existing wireless hardware and replace it with a system that is built using a single hardware vendor on a cloud-based management platform.

SmartWave Technologies is a leading “wireless” centric systems integrator that provides the planning, design, and integration of wireless networks to many local cities and other non-governmental organizations (NGOs) in the area and has specific experience working with the hardware that staff selected.

City staff selected SmartWave Technologies to provide the Ruckus Networks hardware per the California Multiple Award Schedules (CMAS) Master Service Agreement 3-20-70-3218B statewide agreement. The CMAS agreement is a competitively bid contract that meets the City’s purchasing guidelines. CMAS agreement prices are pre-negotiated and require providers to match or beat the listed pricing for hardware or installation services. They will install the hardware and maintain the network in an ongoing manner.
36 DISCUSSION
SmartWave is a reseller and integrator of wireless technology solutions. As most hardware vendors do not sell directly to the end-user, the City engages with resellers who commit to using the City's preferred purchasing contracts such as CMAS. In this case, the vendor provides pricing per the published CMAS state contract price schedule already accepted by the City’s purchasing policy. As such, staff recommends purchasing the Ruckus Network hardware from SmartWave Technologies.

After reviewing several options, City staff selected Ruckus Networks as the platform to build the wireless network infrastructure on. This platform offers several advantages including:

• Patented RF core technologies for superior connection strength in tough environments. • Support for Wi-Fi 6 and Wi-Fi 6E that offer faster speeds, lower latency, and higher capacity for multiple devices.
• A single management platform for all network devices zero-touch provisioning and simple, intuitive management.

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount for procurement and deployment of the City’s new Enterprise Wi-Fi Network environment is $300,000 and includes all necessary wireless networking hardware, infrastructure, installation services, and 12 months of maintenance and remote support. All costs associated with the proposed contract are included in the current Information Technology Division’s budget.

SmartWave will continue to provide on-going support and maintenance of the system at a cost of $20,708 per year.

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

Prepared by: Steve Rodriguez
Assistant Administrative Services
Director

37 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
38 RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF AN

AGREEMENT WITH SMARTWAVE TECHNOLOGIES, LLC TO INSTALL

AND MAINTAIN A WIRELESS INTERNET INFRASTRUCTURE

THROUGHTOUT SEVERAL CITY FACILITIES IN AN AMOUNT
NOT-TO-EXCEED $300,000
The City of Livermore’s (“City”) seeks to provide wireless Internet services at all of its publicly accessible buildings that meets the needs of the public and City staff. This project will remove all existing wireless hardware and replace it with a system built using a single hardware vendor on a cloud-based management platform.

The City has selected SmartWAVE Technologies, LLC to provide the Ruckus Networks hardware and per the California Multiple Award Schedules (CMAS) Master Service Agreement 3-20-70-3218B.

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

1. Authorizes the City Manager to execute a general services agreement with SmartWAVE Technologies, LLC, attached hereto as Exhibit A, in an amount not-to-exceed $300,000.

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

On motion of Council Member _____, seconded by Council Member ____________, the foregoing resolution was passed and adopted on October 9, 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
Deputy City Manager/City Clerk Assistant City Attorney
Exhibit A – Agreement with SmartWAVE Technologies, LLC and City of Livermore 39 AG

REEMENT FOR SERVICES
TH
IS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and SmartWAVE Technologies, LLC. (“Contractor”), a Georgia Limited Liability Corporation.

RECI
TALS
Ci
ty requires services to provide an infrastructure upgrade to provide a reliable WIFI service. The Statement of Work lists all of the products and services proposed to include the WIFI Access Points (APs), the Network POE Switching Infrastructure to support the WIFI APs, and the network cabling needed to support the WIFI APs.

Cont
ractor 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.

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 provide an infrastructure upgrade to provide a reliable WIFI service. The Statement of Work lists all of the products and services proposed to include the WIFI Access Points (APs), the Network POE Switching Infrastructure to support the WIFI APs, and the network cabling needed to support the WIFI APs 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;
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
40 (
c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;

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

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

(f) Coordinate the Services with Steve Rodriguez, Assistant Administrative Services Director (“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) Prepare and submit a written report to the Project Manager, within 3 business-days of the Project Manager’s written request, that identifies the Services completed and in progress, the charges incurred to date, and the anticipated cost to complete the remaining Services;

(k) Contractor shall correct, at its own expense, all errors in the 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 DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
41 m
echanic 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.

5. Compensation and Payment.

(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 310,000 ( "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 September 25, 2023, and terminates upon the completion of the Services or June 30, 2024, 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.

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
42 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.

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.

(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. 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 DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
43 as
sumption of Contractor’s responsibility or liability by City for any defect or error in the Services.

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

16. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code and the Political Reform Act, and prepare and file an economic disclosure statement if the 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.

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.

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
44 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 CI
TY: Attention: Steve Rodriguez, Asst. Admin. Services Director City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO CONTRACTOR: Attention: Al Brown, CEO
Smar
tWAVE Technologies
2662 Holcomb Bridge Rd, Suite 340
Alpharetta, GA 30022

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.
********************************************
******************************************************** Signa
tures and Attachment List on the Next Page
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
45 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.

CONTRACT
OR: Dated:
_________
___________________ ___________________________
By: Al Brown
Title: CEO
CITY
OF LIVERMORE: Dated:
_________
___________________ ____________________________
Marianna Marysheva
City Manager

APPROVED
AS TO FORM:
_________
__________________
Assistant/City Attorney

APPROVED
AS TO INSURANCE:
_________
______________
Risk Manager/Analyst
Attac
hments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E 9/6/2023 | 12:07 PM PDT

EXHIBIT A
46 Enterprise WiFi Upgrade Project
SmartWAVE Technologies LLC
2662 Holcomb Bridge Rd, Suite 340
Alpharetta, GA 30022
August 10, 202 3
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
47 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 2
Restriction on Disclosure and Use of Data
The information contained herein is confidential and proprietary to SmartWAVE Technologies LLC. By accepting this document, Client agrees to use such materials and information solely for the purpose of evaluation and to hold such documents and information confidential and except as required by law, not to disclose them to any other person.

Contact Information:

Al Brown
Chief Executive Officer

SmartWAVE Technologies LLC
2662 Holcomb Bridge Rd, Suite 340
Alpharetta, GA 30022
404-731-9580
[email protected]

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
48 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 3
Table of Contents
Section 1 - Introduction ................................................................................................................................ 4

1.1 Project Overview ...................................................................................................................... 4

1.2 Executive Summary .................................................................................................................. 4 Section 2 – Statement of Work .................................................................................................................... 6

2.1 Installation Services .................................................................................................................. 6

2.2 Primary Installation Locations .................................................................................................. 6

2.3 Survey Reports .......................................................................................................................... 7 Section 3 – Project Pricing ............................................................................................................................ 9

3.1 WiFi Upgrade ($147,426.00) ..................................................................................................... 9

3.2 Network Switch Upgrade ($82,274.00) .................................................................................. 10

3.3 Network Cabling ($50,384.00) ................................................................................................ 11

3.4 Post Installation Support Services .......................................................................................... 11 Section 4 - Experience with Similar Projects .............................................................................................. 13 Section 5 – Product Data Sheets ................................................................................................................ 15

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
49 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 4
SECTION 1 - INTRODUCTION

1.1 Project Overview
The City of Livermore is in need of an Enterprise WiFi Network infrastructure to support the City’s internal applications, guest access and mobility throughout City properties. As WiFi enabled devices have proliferated over time, the demand for a reliable ubiquitous WiFi connection is greater than ever.

To prepare for the upgrade, the City of Livermore engaged SmartWAVE to perform a WiFi infrastructure Assessment and Survey.

Understanding the needs for connectivity following an extensive assessment of the existing infrastructure, SmartWAVE has architected an Enterprise WiFi solution adhering to industry standards, providing for a best in class experience. Once the Enterprise solution is deployed, SmartWAVE will provide ongoing operation of the infrastructure working with the City’s IT Department, to insure the system installed continues to perform as designed, providing optimization of the system over time, to protect the investments made in the infrastructure upgrade.

1.2 Executive Summary
To achieve these goals of a reliable ubiquitous WiFi experience, we hope that, within this document, the City of Livermore will find the content, thoughtfulness, experience and same passion in this response as we exemplify in the services that we provide to our other municipal customers throughout the Bay Area.

The proposed Wi-Fi solution is based on WiFi-6 standards from Ruckus Networks. Our approach is to implement this high-capacity Wi-Fi infrastructure using the same approach and success that we’ve deployed for a plethora of other clients throughout the Bay Area and across the United States. There is a wealth of information within this document, with extensive detail provided, which is why we felt we should sum up the highlights and advantages of our response in the following bullets:

R SmartWAVE is a “wireless” centric integrator. Although we do many things, this is our core competency, our expertise, our passion, and our calling.

R The proposed design is based on a “best of breed” solution in Wi-Fi with Ruckus 802.11AX products, bringing the City of Livermore with a proven WiFi solution R SmartWAVE is the leading Reseller of Ruckus Wireless as demonstrated in our ELITE PARTNER level certification our multiple Partner of the Year Awards R The Ruckus antenna technology will provide a tremendous advantage in coverage and capacity planning, taking into account the challenges associated with a variety of building architectures R All Ruckus Wi-Fi radios proposed will be managed through SmartWAVE’s Cloud Controller platform, providing enhanced post installation support, control and data analytics R SmartWAVE will provide WiFi professional services using resources from our San Jose office, where we are currently under contract supporting clients in Oakland, Berkeley, San Leandro, Fremont, San Jose, Hayward and other cities in the Bay area DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
50 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950
SmartWAVE Confident ial Page 5
R All pricing is in accordance with the City of Tucson Cooperative Agreement #120558 and the California CMAS Master Service Agreement 3-20-70-3218B
If you have any questions regarding this document, or the content herein, please don’t hesitate to contact Al Brown at 404-731-9580 or [email protected]. We take tremendous pride in our craft and are appreciative of the opportunity!
SOLUTION PROVIDERS - 2018

SMART CITY
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
51 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950
SmartWAVE Confident ial Page 6
SECTION 2 – STATEMENT OF WORK

2.1 Installation Services
SmartWAVE will perform the following Services:
• Review project goals and requirements with the Client • Review Assessment and Survey information with implementation team to insure products are installed as designed
• Work with the Client to develop capacity metrics and finalize configuration of WiFi Access Points (APs)
• Procure all wireless network equipment
• Work with the Client to identify a staging area with network access • Configure all APs and integrate into the SmartWAVE Cloud Controller platform, and stage equipment in preparation for installation.
• Identify a suitable method of bracketing and mounting of wireless radio equipment at all pre- determined installation locations
• Schedule installation with Client and perform installation and testing of all equipment listed in the bill of materials for each location.
• Install surge protection and perform weatherproofing and grounding of all outdoor wireless access points
• Configure Network Switching infrastructure to support the WiFi deployment and provide for POE+ power to the APs
• Install, terminate and test network cable drops in areas where existing network cabling can not support the WiFi AP placement locations
• Perform optimization for installed system to include channel planning • Document the final implementation
Ø AP Placement Map and Propagation Map
Ø Produce test results for wireless coverage
• Transition network to operation support

2.2 Primary Installation Locations
The following is a list of the primary locations to be upgraded:

Ü Livermore City Hall and City Council Chambers
1052 S. Livermore Blvd, Livermore, CA 94550
Ü Livermore Police Department
1110 S Livermore Ave, Livermore, CA 94550
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
52 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 7
Ü Livermore Library
1188 S Livermore Ave, Livermore, CA 94550
Ü Livermore Water Reclamation Plant
101 W Jack London Blvd, Livermore, CA 94551
Ü Livermore Maintenance Service Center
3500 Robertson Park Rd, Livermore, CA 94550
Ü Livermore Airport
680 Terminal Cir, Livermore, CA 94551

2.3 Survey Reports
SmartWAVE will follow the AP placement maps determined as a result of the WiFi Assessment/Survey project. The following is an example of the reports that will be used for installation purposes:

City Hall – First Floor – AP Placement Map

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
53 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 8
City Hall – First Floor – Propagation Map

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
54 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 9
SECTION 3 – PROJECT PRICING

3.1 WiFi Upgrade ($147,426.00)

The pricing provided includes the following services:
1) The solution proposed is based on the WiFi survey and assessment report dated 6/18/23. 2) The solution proposed is based on secondary coverage of the areas surveyed in the assessment. 3) SmartWAVE will provide staging, configuration, installation, optimization and post installation testing services.
4) SmartWAVE will provide Cloud Controller Services and post installation support to include ongoing network optimization, revision level upgrades, remote monitoring and technician dispatch services as needed to support the items proposed. 5) SmartWAVE assumes that standard mounting brackets can be used to support the installation of indoor and outdoor APs.

MATERIAL / EQUIPMENT DESCRIPTION MANF. PART # QUANTITY UNIT PRICE Ruckus Materials
vSCG License supporting 1 Ruckus Access Points L09-0001-SG00 106 ea $60.00 Perpetual license for WiFi analytics, to analyze 1 AP with SCI 2.0 system L09-0001-SCIW 106 ea $9.00 Ruckus R750 dual-band 802.11abgn/ac/ax (WiFi6) Wireless Access Point with Multi-Gigabit Ethernet backhaul and onboard BLE/ZIgbee,, 4x4:4 streams (5GHz) 4x4:4 streams (2.4GHz), OFDMA, MU-MIMO, BeamFlex+, dual ports, 802.3at PoE support. Does not include power adapter or PoE injector. Includes Limited Lifetime Warranty. 901-R750-US00 102 ea $906.00
Ruckus T750 802.11ax Outdoor WiFi AP, 4x4:4 Stream, Omni Beamflex+ coverage, 2.4GHz and 5GHz concurrent dual band, (1x) 2.5G Ethernet port, (1x) 10/100/1000 Ethernet port, 100- 240 Vac, POE in and PSE out, Fiber SFP/SFP+, GPS, IP-67 Outdoor enclosure, -40 to 65C 901-T750-US01 3 ea $2,265.00
Ruckus T750 802.11ax Outdoor WiFi AP, 4x4:4 Stream, Omni Beamflex+ coverage, 2.4GHz and 5GHz concurrent dual band, (1x) 2.5G Ethernet port, (1x) 10/100/1000 Ethernet port, 100- 240 Vac, POE in and PSE out, Fiber SFP/SFP+, GPS, IP-67 Outdoor enclosure, -40 to 65C 901-T750-US51 1 ea $2,265.00
POE Surge Protection 100/1000Mbps SWCMJPOE8a 4 ea $65.00 Shipping, grounding, weatherproofing, misc and consumable items SWMISC 1 ea $370.00 Manufacturer Support, Network Monitoring/Optimization and Reporting SmartWAVE Indoor AP Support Services - Cloud Controller, Monitoring, Support and Truck Roll - 1 YR SWSPPTID1YR 102 ea $155.00
SmartWAVE Outdoor Radio/AP Support Services - Cloud Controller, Monitoring, Support and Truck Roll - 1 YR SWSPPTOD1YR 4 ea $360.00
Materials/Equip $109,416.00
Implementation Services $20,760.00
Operation & Support - 1YR $17,250.00
Tax (N/A) $0.00
GRAND TOTAL $147,426.00

PRICING SUMMARY
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
55 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 10

3.2 Network Switch Upgrade ($82,274.00)

The pricing provided includes the following services:
1) The solution proposed is based on POE+ ports needed to support all APs proposed for secondary coverage of the areas surveyed in the assessment.
2) SmartWAVE will provide staging, configuration, installation, optimization and post installation testing services.
3) SmartWAVE will provide Cloud Controller Services and post installation support to include ongoing network optimization, revision level upgrades, remote monitoring and technician dispatch services as needed to support the items proposed. 4) SmartWAVE assumes there is fiber between IDF/MDF locations at the Civic Center campus (City Hall, Council Chambers, PD, Library) but the others are connected via MPLS. 5) SmartWAVE assumes all buildings operate stand alone, and each will have a dedicated Internet feed.
6) Solution proposed provides redundant Fiber uplinks to all locations, with core fiber switches placed in the City Hall MDF.
7) Price assumes other Core infrastructure items (e.g. Firewall, Router, DHCP Services, etc) are in place or provided by others.

MATERIAL / EQUIPMENT DESCRIPTION MANF. PART # QUANTITY UNIT PRICE Ruckus Materials
Switch management license for SZ-100/vSZ 5.X/SZ300, 1 Ruckus ICX switch. L09-0001-SGCX 26 ea $56.00 RUCKUS ICX 8200 Switch, 16 ×1/10GbE SFP+ ports, 8×25 GbE SFP28 stacking/uplink-ports, three-year remote TAC support. Power cord not included. TAA ICX8200-24FX 2 ea $4,800.00 ICX 8200 Switch, 24 ×10/100/1000 Mbps PoE+ ports, 4×25 GbE SFP28 stacking/uplink-ports, 370W PoE budget, three-year remote TAC support. Power cord not included. TAA ICX8200-24P 24 ea $1,950.00 FRU,RACK MOUNT KIT,2 POST,ICX7750/7450/7250 ICX7000-RMK 26 ea $48.00 10GbE Direct Attach SFP+ to SFP+ Active copper cable, 1 m 10G-SFPP-TWX-0101 10 ea $185.00 10G-SFPP-LR Compatible 10GBASE-LR SFP+ 1310nm 10km DOM Duplex LC SMF Optical Transceiver Module FS-SFP-10GLR-31 54 ea $135.00
POWER CORD, USA, NEMA5-15/C13, 13A, 125V PCUSA2 26 ea $30.00 Shipping, grounding, weatherproofing, misc and consumable items SWMISC 1 ea $252.00 Manufacturer Support, Network Monitoring/Optimization and Reporting SmartWAVE Switch Support Services - Cloud Controller, Monitoring, Revision Level Upgrades, Remote Support and Truck Roll - 1 YR SWSPPTID1YR 26 ea $133.00 Materials/Equip $69,276.00
Implementation Services $9,540.00
Remote Support (1YR) $3,458.00
Tax (N/A) $0.00
GRAND TOTAL $82,274.00

PRICING SUMMARY
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
56 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 11

3.3 Network Cabling ($50,384 .00)

The pricing provided includes the following services:
1) SmartWAVE will subcontract network cabling services to Layer 1 Networks (L1N). 2) L1N will install (33) telecom outlets with 1 Cat 6 cable at each outlet. The outlets will be installed in the Livermore City Hall. There will be 21 outlets on the first floor and 12 on the second floor.

The cables will terminate on new modular patch panels that will be mounted into the existing racks.
3) L1N will install (29) telecom outlets with 1 Cat 6 cable at each outlet. The outlets will be installed in the Livermore Police Department. There will be 20 outlets on the first floor and 7 on the second floor. The cables will terminate on new modular patch panels that will be mounted into the existing racks. There will be 2 outlets for outdoor APs. 4) L1N will install (11) telecom outlets with 1 Cat 6 cable at each outlet. The outlets will be installed in the Livermore Civic Library. The cables will terminate on new modular patch panels that will be mounted into existing racks.
5) L1N will install (4) telecom outlets with 1 Cat 6 cable at each outler. The outlets will be installed in the Livermore Service Yard, there will be 3 installed in fleet maintence and 1 will be installed in sign shop building. The cables will terminate on new modular patch panels that will be mounted into existing racks.
6) Price assumes Fiber infrastructure is in place connecting all IDF/MDFs and buildings or is provided by others.

3.4 Post Installation Support Services
SmartWAVE will provide Cloud Controller Services and post installation support to include ongoing network optimization, revision level upgrades, remote monitoring and technician dispatch services as needed to support the items proposed.

MATERIAL / EQUIPMENT DESCRIPTION MANF. PART # QUANTITY UNIT PRICE Cabling Materials
CABLE 004 PR CAT6 CMP WHITE - 15000 Feet CAT6-004 1 ea $6,300.00 CABLE CAT6 OUTDOOR RATED - 500 Feet CAT6-ODR 1 ea $348.00 JACK CAT6 BLUE - 154 Total JCAT6 1 ea $1,479.00
PATCH CORD CAT6 NON-BOOTED 03' GRAY - 77 Total CAT6-NBG 1 ea $393.00 PATCH CORD CAT6 NON-BOOTED 03' WHITE - 75 Total CAT6-NBW 1 ea $383.00 PATCH PANEL MODULAR 24 PORT 1 RU - 4 Total PPM-24P 1 ea $348.00 HORIZONTAL WIRE MANAGER FRONT/BACK 1RU - 4 Total WMNGR-1RU 1 ea $840.00 LOT HARDWARE/ CABLE SUPPORT CBL-SPPT 1 ea $540.00
Materials/Equip $10,631.00
Implementation Services $39,753.00
Tax (N/A) $0.00
GRAND TOTAL $50,384.00

PRICING SUMMARY
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
57 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 12
Pricing for Support Services is provided as annualized pricing in Section 3.1 and 3.2. If required, pricing for support services can also be provided monthly.

This price includes the following services:
c SmartWave will meet with City IT weekly, or at other regular intervals as defined by City IT and SmartWave, to discuss project status, issues, and task plans for resolution. c SmartWave will make promptly available the software/firmware updates from applicable OEM’s of network equipment herein. Such updates shall be coordinated with City staff and tested prior to being placed into the network.
c SmartWave will provide 8x5xNBD response to support requests, to include 5-day repair/replacement (requires purchase of spare APs, and limited to Spares available. A separate quote can be provided for spares).
c SmartWave can provide an electronic ticket system for the City of Livermore personnel to log trouble tickets and track until closure.
c SmartWave will provide Tier One staff to diagnose and advise City on minor issues (single access point troubleshooting or failure) within 48 hours of initial request. o Tier One support is provided to City staff by phone or email. o When problem are not resolved at the Tier One level, City staff may request (during the same stated hours) an immediate escalation to Tier Two support. c SmartWave will provide remote management, monitoring and reporting of network usage.

Reporting can occur monthly, quarterly or on regular intervals defined by the City. We can provide standard reports or customized reports, based on access to the vSZ and its capabilities. c If SmartWave can’t resolve the problem remotely, then a Technician will be dispatched to the site to perform further troubleshooting and repair services. Truck Roll services, to include Bucket Truck or other expenses necessary to support resource transportation, are included in the Support price.
c SmartWave will optimize the network based on changes in the RF environment c Support does not include application research and development, changes to the existing configuration, or other professional services, other than as required to maintain and optimize the infrastructure proposed.
c This does not include relocation of wireless hardware, or repair as a result of force majeure or other acts beyond our control.
c Additional products and services are $175/Hr for a Network Engineer, $105/Hr for a Network Technician, and Materials at Cost plus 20%. Prices exclude travel and expenses.

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
58 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 13
SECTION 4 - EXPERIENCE WITH SIMILAR PROJECTS
Our Experiences
SmartWAVE is a wireless centric firm with a sound reputation of providing award winning networks to municipalities. The reasons we’ve been successful include:
• Focus – We are truly a Wireless “centric” company, focused on the full suite of wireless network services and application solutions
• History - Proven history of successful wireless-based solutions improving public safety and public services, saving taxpayer dollars and enhancing the services to the community, and a legacy of successful projects completed in California and the Bay Area. We are a trusted Partner. • Experience - Experienced with LTE, Wi-Fi, Mesh, MillimeterWave, Microwave, and a variety of Point to Point and Point to Multipoint Technologies for both Licensed and Unlicensed Networks. We take a hardware, software and technology agnostic approach to enhancing our client’s networks. • Investment - Investment in Toolset, Training and Proven Methodology • Reputation – The market recognizes us as “Well respected Systems Integrator” in the following press article: http://www.networkcomputing.com/wireless/can-ruckus-san-jose-revive-municipal-wi- /240151200#.UUniK3qYKGg.
• Award Winning and Market First - Over 15 years of proven experience designing and deploying complex outdoor wireless networks, with a Solid Resume, and capabilities - Wickedly Fast Wi-Fi in San Jose
- Deployment of the 5 Largest Municipal owned Community Wireless Broadband Networks in the United States
- Recognized for Fastest Airport WiFi at San Jose International Airport - Implementation experience with a number of Smart City wireless applications to include traffic control, IP Video solutions, Parking meters and Parking guidance signs, Sensor based networks, SCADA and Utility applications and Wayfinding solutions A sample of Municipal governments in the Bay Area where we have provided similar products and services to in just over the past 6 months include:
• San Jose
• Oakland
• Mountain View
• San Mateo County
• Dublin
• Pleasanton
• Hayward
• San Leandro
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
59 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 14
In concert with our unique skillsets and experience, our experience with the products proposed in unmatched in the industry:
o Ruckus Channel Advisory Council Member – 2009 through Current o Ruckus Customer Support Inaugural Council - 2010
o 2011, 2013, 2014 and 2022 Partner of the Year Recipient o Smart City Specialty Partner
o Public High Density Venue Specialty Partner
o CBRS Specialty Partner
o Managed Services Specialty Partner
o Ruckus Elite Reseller Certification
o Largest Ruckus Wireless Municipal Deployment in the U.S.

As a result of the aforementioned, and unmatched levels of involvement with Ruckus Wireless, we have tremendous CxO relationships throughout Ruckus, which will provide tremendous value to the City for additional support, if required, for Engineering, Operations, and Marketing.

Reference Contact Information Available Upon Request.
2011

PARTNER
OF THE YEAR
DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
60 2662 Holcomb Bridge Rd, Suite 340
Alpharetta, Georgia 30022
678.730.1950

SmartWAVE Confidential Page 15
SECTION 5 – PRODUCT DATA SHEETS
Included as separate attachments.

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
61 EXHIBIT B

INSURANCE REQUIREMENTS

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

1. Commercial General Liability, including operations, products and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form 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.

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

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

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

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

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

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

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

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

DocuSign Envelope ID: E06DFFDE-6E4B-409F-9EB2-728FF56AD36E

EXHIBIT A
63 CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Scott Lanphier, Public Works Director
SUBJECT:

Resolution authorizing execution of a third amendment to the agreement with West Coast Arborists, Inc. for tree and shrub pruning and maintenance services for a total not- to-exceed amount of $994,000.

RECOMMENDED ACTION

SUMMARY
Staff published a Request for Proposals on March 22, 2019, to seek assistance with tree and shrub pruning and maintenance services. West Coast Arborist, Inc. was selected as the best value bidder and the City Council authorized the execution of the agreement for services at the June 24, 2019, meeting for a term of three years ending May 31, 2022. The first and second amendments to the agreement increased the total compensation amount by $90,000 and $323,000 respectively and extended the term of the agreement for an additional two-year period for a total agreement amount of $788,000. Additional work was required due to increased tree failure
caused by the drought
. The number of trees and shrubs
requiring maintenance remains at an increased level causing the need for continued contractor support.

DISCUSSION
The Maintenance Division of the Public Works Department is tasked with maintaining City-owned landscape areas, as well as 92 Landscape Maintenance Districts. This includes the pruning and maintenance of the trees and shrubs in these areas. Pruning is required for the health of the trees, as well as the safety of the community, and requires specialized equipment or training, such as enhanced aerial lifts and tree climbing, which City staff do not have training to operate or perform.

During the winter storms of 2019-20, a large number of trees failed in the open spaces and parkways throughout Livermore as a result of the extended drought and increased severity of winter storms. Many other City-maintained trees were also damaged and needed removal to create safe spaces for the 64 community. The Maintenance Division required additional contractor assistance to address these issues, and based on this need, the City entered into a first amendment to the Original Agreement on June 3, 2020, to increase the total compensation amount by $90,000 for a total agreement amount of $465,000.

In the subsequent years, the Maintenance Division relied on the Contractor to support staff efforts to address the increased amount of tree failure as a result of the drought and winter storms. The second amendment to the agreement was approved by City Council on May 9, 2022 in Resolution 2022-068 and signed by the City Manager on May 10, 2022, to increase the total compensation amount by $323,000 for a total agreement amount of $788,000 for additional work related to increased tree failure.

In December 2022, the Public Works Department completed a City-wide tree inventory. The inventory identified additional tasks, specifically large amounts of pruning, which needs to be completed to maintain the health of the City’s urban forest. Many of these additional tasks will be completed by the Contractor to allow staff to focus on the daily ongoing maintenance needs of the City.

To ensure that ongoing maintenance, pruning, and removals occur in a timely manner, staff recommends
the City Council authorize the third amendment to the agreement to increase the total compensation.

FISCAL AND ADMINISTRATIVE IMPACTS

Adequate funding for this agreement is budgeted in the General Fund Landscape Maintenance budget as well as the Landscape Maintenance District budgets.

COMMUNITY PILLAR
5: A City That Works

GOAL
1 4: Develop, operate, and maintain the City’s infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Third Amendment

Prepared by: Marisa Gan
Acting Public Works Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE AND SHRUB

PRUNING AND MAINTENANCE SERVICES TO INCREASE THE COMPENSATION BY $206,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $994,000 The Maintenance Division of the Public Works Department is responsible for maintaining City owned landscape areas, as well as 92 Landscape Maintenance Districts, which includes pruning and maintenance of trees and shrubs in these areas.

On June 24, 2019, and after a full bidding process, the City Council adopted Resolution No. 2019-085 authorizing the City Manager to execute an agreement with West Coast Arborists, Inc. (“Contractor”) for tree and shrub pruning and maintenance services for a three-year term in an amount not-to-exceed $375,000. On July 11, 2019, the City Manager executed an agreement with Contractor.

Due to an increase in the amount of tree failure caused by drought conditions and an increasing amount of area for staff to maintain, the City of Livermore (“City”) required additional support to ensure repairs were completed in a timely manner. Accordingly, on June 3, 2020, the City Manager approved a first amendment to the agreement with Contractor to increase the total compensation by $90,000, for a total-not-to-exceed amount of $465,000, to address additional tree failure in open space areas throughout the City.

On May 9, 2022, the City Council adopted Resolution No. 2022-068 authorizing the City Manager to execute a second amendment to the agreement with Contractor to increase the total compensation by $323,000, for a total-not-to-exceed amount $788,000, and to extend the term of the agreement for an additional two-year period to address additional tree maintenance throughout the City. On May 10, 2022, the City Manager executed the second amendment to the agreement with Contractor.

In December 2022, the Public Works Department completed a City-wide tree inventory. The inventory identified additional tasks, specifically large amounts of pruning, which are necessary to maintain the health of the City’s urban forest. To ensure that ongoing maintenance, pruning, and removals occur in a timely manner, the City desires to enter into a third amendment to the agreement with Contractor to increase the total compensation.

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, a third amendment to the agreement with West Coast Arborists, Inc., attached hereto as Exhibit A, to increase the total compensation by $206,000, for a total amount not-to-exceed $994,000.
66 RESOLUTION NO. _______
On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A – Third Amendment to Agreement with West Coast Arborist, Inc. 67 Amendment – General Services Page 1
Rev. 01.2022

THIRD AMENDMENT TO AGREEMENT FOR SERVICES
THI
S THIRD AMENDMENT is made and entered into this ____ day of ________, 2023, by and between the City of Livermore (“City”), a municipal corporation, and West Coast Arborists, Inc. (“Contractor”), a California corporation.

RECI
TALS
On J
uly 11, 2019, City and Contractor entered into an agreement for Contractor to provide tree and shrub maintenance and removal services to City (“Original Agreement”).

Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On J
une 3, 2020, City and Contractor executed a First Amendment to the Original Agreement to increase the total possible amount of compensation.

On M
ay 10, 2022, City and Contractor executed a Second Amendment to the Original Agreement to extend the term of the agreement for the first of two possible two- year extensions commencing on June 1, 2022, and terminating May 31, 2024, update the task rates in Exhibit A-1, and increase the total possible amount of compensation.

Ci
ty and Contractor desire to amend the Original Agreement to increase the total possible amount of compensation. This is the THIRD amendment to the Original Agreement.

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

1. The O
riginal Agreement is amended as follows:

A. Sec
tion 5 (a) of the Original Agreement is amended to read as follows: The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 994,000 (“not -to-exceed”). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in “Exhibit A -1” of the Second Amendment up to the not-to-exceed amount. Except as provided in the body of the 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.

2. These
amendments are prospective and only apply to the S ervices rendered by Contractor after the execution of this Amendment. Unless otherwise stated herein, this DocuSign Envelope ID: 6495D7D8-0976-4809-B4A7-2CFB136F539B

EXHIBIT A
68 Amendment – General Services Page 2
Rev. 01.2022
Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Ex
cept as amended above, the Original Agreement remains in full force and effect.

DocuSign Envelope ID: 6495D7D8-0976-4809-B4A7-2CFB136F539B

EXHIBIT A
69 Amendment – General Services Page 3
Rev. 01.2022
In conc
urrence 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.

CONT
RACTOR: Dated:
______
______________________ ___________________________
By: Patrick Mahoney
Title: President
CIT
Y OF LIVERMORE: Dated:
______
______________________ ____________________________
Marianna Marysheva
City Manager
APPRO
VED AS TO FORM:
______
_____________________
Assistant/City Attorney
APPRO
VED AS TO INSURANCE:

Risk Manager/Analyst

DocuSign Envelope ID: 6495D7D8-0976-4809-B4A7-2CFB136F539B 9/5/2023 | 12:11 PM PDT

EXHIBIT A
70 CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolution authorizing the City Manager to execute an agreement between the Livermore Pleasanton Fire Department (LPFD) and the Department of Veteran Affairs (VA) to provide emergency and fire protection services for the Veterans Administration Livermore Medical Center through October 31, 2024, and authorizing the City Manager to enter into a Revenue Sharing Agreement with the City of Pleasanton for Fire Services provided to the Veterans Affairs Livermore Medical Center.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an Agreement, on behalf of and for the LPFD in her capacity as a Joint Executive Director for LPFD, between the LPFD and the Department of Veteran Affairs (VA) to provide emergency and fire protection services for the Veterans Administration Livermore Medical Center (VAMC) through October 31, 2024, with an option to extend the agreement for an additional two years; and authorizing the City Manager to enter into a Revenue Sharing Agreement with the City of Pleasanton for Fire Services provided to the Veterans Affairs Livermore Medical Center.

SUMMARY
Since 2012, the Livermore-Pleasanton Fire Department (LPFD) has provided emergency services, including fire protection, for the Department of Veterans Affairs Livermore Medical Center. These services are rendered through a contract between the City of Livermore and the Department of Veterans Affairs (VA), and the revenue from the agreement is split between the Cities of Livermore and Pleasanton per a revenue sharing agreement.

The current contract expires October 31, 2023, and the VA solicited competitive bids for a new contract for emergency and fire services. LPFD was again selected as the successful bidder. Therefore, LPFD is now entering into a new contract for emergency services with the VA through October 31, 2024, with the option to extend for two additional years. The City is now seeking to enter into a new revenue sharing agreement with the City of Pleasanton to split revenue under the new contract terms. After a period of one year, the cities will re-evaluate the terms of the revenue sharing agreement. 71 DISCUSSION
Under the proposed contract for emergency and fire protection services for the VAMC Livermore, LPFD responds to reports of fire and other emergencies with units from both Livermore and Pleasanton. To split the revenue received under the VA contract, the cities have utilized a Revenue Sharing Agreement.

LPFD is requesting approval to execute the agreement with the VA to reflect the new contract terms.

The proposed contract with the VA for LPFD to provide emergency and fire protection services to the VAMC Livermore calls for one year of service with two one-year extensions that would automatically be implemented unless otherwise notified by the VA. In exchange for services, the VA would pay a base annual amount of $764,244 in the first year, with an annual escalation of five percent each extension year. This reduction from the previous FY 2022-23 contract amount of $1,175,506, referenced above, is due to a reduction in the total number of calls to the VAMC facility.

Under the 2018 agreement, the VA agreed to pay for an additional full cost of a fourth firefighter per shift (3.0 FTEs across three shifts), costed 100 percent to Livermore, and Livermore’s revenue sharing portion was adjusted to reflect those costs. This arrangement is also reflected in the new proposed contract and revenue sharing agreement. A breakdown of revenue for each city under the new agreement is provided below.

FISCAL AND ADMINISTRATIVE IMPACTS

In return for contract services, the VA pays the City a base annual amount of $764,244 in the first year with annual escalations of 5% in each extension year. These monies are split between the Cities of Livermore and Pleasanton per a revenue sharing agreement signed between the two cities in December 2018. In 2018, Livermore agreed to pay for the fourth firefighter (3.0 FTEs) and will receive 100% of the additional funding provided by VAMC to cover the cost of the fourth firefighter. A breakdown of revenue for each city is included below:

LPFD VA 2023-2024 Agreement

Monthly
Annually
COL
Portion
COP
Portion

Total
Base (11/1/23 – 10/31/24)
3 FTEs (4th Firefighter x 3 shifts)
$63,687
$764,244
$382,122
$382,122

$1,466,244
$58,500
$702,000
$702,000
-
Y1 Extension (11/1/24 – 10/31/25)
3 FTEs (4th Firefighter x 3 shifts)
$66,696
$800,352
$400,176
$400,176

$1,523,412
$60,255
$723,060
$723,060
-
Y2 Extension (11/1/25 – 10/31/26)
3 FTEs (4th Firefighter x 3 shifts)
$70,031
$840,372
$420,186
$420,186

$1,585,128

$62,063
$744,756
$744,756
-

COMMUNITY PILLAR
1: A Safe Community that Thrives
72 GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.

GUIDING DOCUMENT
LPFD Strategic Plan

ATTACHMENTS

1. Resolution

2. Exhibit A - VA Contract

3. Exhibit B - Revenue Sharing Agreement

Prepared by: Gina Eleccion
Business Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE

LIVERMORE-PLEASANTON FIRE DEPARTMENT AND THE DEPARTMENT OF VETERANS AFFAIRS FOR FIRE PROTECTION SERVICES; AND AUTHORIZING

EXECUTION OF A REVENUE SHARING AGREEMENT WITH THE CITY OF

PLEASANTON FOR REVENUE RECEIVED BY THE LIVERMORE-PLEASANTON FIRE

DEPARTMENT FROM THE DEPARTMENT OF VETERANS AFFAIRS
In October 2012, the City of Livermore entered into a contract with the Department of Veterans Affairs, Palo Alto Health Care System (“VA”) to allow the Livermore-Pleasanton Fire Department Joint Powers Authority (“LPFD”) to provide emergency services to the Palo Alto Veterans Affairs Medical Center – Livermore (“VAMC”). The initial contract between the City of Livermore and the VA expired on October 31, 2017, and was renewed for an additional six-month period, which expired on April 30, 2018. The City of Livermore and the City of Pleasanton executed a revenue sharing agreement, equally splitting revenue received from the VA among the Cities.

On May 21, 2018, the City of Livermore entered into a new contract with the VA to continue to provide fire protection and emergency response services to the VAMC. The contract was subsequently amended to provide additional compensation in response to the VA’s request for an increased level of service. This contract for fire protection and emergency response services is set to expire on October 31, 2023. The City of Livermore and the City of Pleasanton executed a revenue sharing agreement to allocate revenue received from the VA among the Cities pursuant to this new agreement.

In Spring 2023, the VA solicited bids for a new contract to provide emergency services to the VAMC. LPFD was selected as the successful bidder. As a result, LPFD and the VA are now entering into a new agreement for LPFD to provide emergency services to the VAMC for a period of one year, commencing on November 1, 2023, and terminating on October 31, 2024, with two, one-year extension options. The City of Livermore and the City of Pleasanton wish to enter into a new revenue sharing agreement to allocate the revenue received from the VA pursuant to this new agreement.

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

1. Authorizes the City Manager, on behalf of LPFD, in her capacity as a Joint Executive Director for LPFD, to execute an agreement between LPFD and the Department of Veteran Affairs to provide fire protection services to the Palo Alto Veterans Affairs Medical Center – Livermore, attached hereto as Exhibit A, for a period commencing on November 1, 2023 and terminating on October 31, 2024, with an option to extend the agreement for two, one-year periods.

2. Authorizes the City Manager, or her designee, to execute a Revenue Sharing Agreement with the City of Pleasanton for revenue received by LPFD in connection with fire 74 RESOLUTION NO. ________
protection services provided by LPFD to the Palo Alto Veterans Affairs Medical Center – Livermore, attached hereto as Exhibit B, fora period of one year with two, one-year extension options.

3. Authorizes the City Manager, both in her capacity as the City Manager for the City of Livermore and as a Joint Executive Director for LPFD, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreements.

On motion of Council Member __________, seconded by Council Member ___________, the foregoing resolution was passed and adopted on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A – Contract for Fire Protection Services between LPFD and the VA Exhibit B – Revenue Sharing Agreement with the City of Pleasanton 75 PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL
TIME

9. ISSUED BY
CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR
SET ASIDE:
% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS
MARKED

SEE SCHEDULE

12. DISCOUNT TERMS
13a. THIS CONTRACT IS A

RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING

14. METHOD OF SOLICITATION
RFQ
IFB
RFP

15. DELIVER TO
CODE

16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE

FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20.

21. 22.

23. 24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY
UNIT

UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION
INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
33 640-23-2-5057-0069
36C26123C0042
11-01-2023
36C26123Q0468
04-29-2023

RICO JOHNSON
916-923-4513
05-26-2023
PDT
612MCP
Department of Veterans Affairs
Network Contracting Office (NCO 21)
5342 Dudley Blvd, Bldg 209
McClellan
CA 95652-2609
X
922160
$34 Million
N/A
X

Department of Veterans Affairs
VA Palo Alto Healthcare System
Livermore Division
Livermore CA 94550
612MCP
Department of Veterans Affairs
Network Contracting Office (NCO 21)
3230 Peacekeeper Way, Bldg. 209
McClellan CA 95652-1012
53GC5

LIVERMORE-PLEASANTON FIRE DEPARTMENT
3560 Nevada Street
Pleasanton, CA 94566

KGBMZK3CQF36

Department of Veterans Affairs
Tungsten Electronic Invoicing
VA Tungsten Number: AAA544240062
[email protected]
Refer to VAAR Clause 852.232-72

See CONTINUATION Page

FIRE PROTECTION SUPPORT SERVICES FOR VA PALO ALTO

HEALTHCARE SYSTEM, CALIFORNIA WITH WORK AT LIVERMORE

CALIFORNIA
Base Year: November 1, 2023 through October 31, 2024
Option Year 1: November 1, 2024 through October 31, 2025 Option Year 2: November 1, 2025 through October 31, 2026 $1,466,244.00
See CONTINUATION Page
640-3630162-5057-850300-2580 0100229Z4
x
x
X
1 RICO L. JOHNSON

CONTRACTING OFFICER

EXHIBIT A
76 36C26123C0042

Page 2 of 33 ends

Table of Contents
SECTION A .........................................................................................Error! Bookmark not defined.

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES ...................................... Error! Bookmark not defined.

SECTION B - CONTINUATION OF SF 1449 BLOCKS ................................................................ 3 B.1 CONTRACT ADMINISTRATION DATA ..................................................................... 3 B.2 PRICE/COST SCHEDULE ........................................................................................... 4 ITEM INFORMATION ................................................................................................... 4 ACCOUNTING AND APPROPRIATION DATA ........................................................... 5 B.3 DELIVERY SCHEDULE ............................................................................................... 5 SECTION C - CONTRACT CLAUSES ........................................................................................ 14 C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) ................................................................. 14 C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ....................................... 20 C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 20 C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS ............................................... 20 C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022) ........................................................................................................................................... 21 C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) ................................................................................................................................. 21 C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 22 C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) ................ 22 C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018) ............................. 23 C.10 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020) ............................................................................................... 23 C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN- OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) ............................. 23 C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) ......... 24 C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAR 2023) ......................................................................... 24 C.14 MANDATORY WRITTEN DISCLOSURES ............................................................. 32 SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS ........................... 33

EXHIBIT A
77 36C26123C0042

Page 3 of 33 ends

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:

GINA ELECCION
925-918-7597
[email protected]
b. GOVERNMENT: Contracting Officer 36C261
Department of Veterans Affairs
Network Contracting Office (NCO 21)
5342 Dudley Blvd, Bldg 209
McClellan
CA 95652-2609

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] MONTHLY

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

EXHIBIT A
78 36C26123C0042

Page 4 of 33 ends

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION
ITEM
NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001

12.00 MO $122,187.000000 $1,466,244.00
Fire Protection and Emergency Services
Contract Period: Base
POP Begin: 11-01-2023
POP End: 10-31-2024
PRINCIPAL NAICS CODE: 922160 - Fire Protection
PRODUCT/SERVICE CODE: S202 - Housekeeping - Fire
Protection
MANUFACTURER PART NUMBER (MPN): NA

1001

12.00 MO $126,951.000000 $1,523,412.00
Fire Protection and Emergency Services
Contract Period: Base
POP Begin: 11-01-2024
POP End: 10-31-2025
PRINCIPAL NAICS CODE: 922160 - Fire Protection
PRODUCT/SERVICE CODE: S202 - Housekeeping - Fire
Protection
MANUFACTURER PART NUMBER (MPN): NA

2001

12.00 MO $132,094.000000 $1,585,128.00
Fire Protection and Emergency Services
Contract Period: Base
POP Begin: 11-01-2025
POP End: 10-31-2026
PRINCIPAL NAICS CODE: 922160 - Fire Protection
PRODUCT/SERVICE CODE: S202 - Housekeeping - Fire
Protection
MANUFACTURER PART NUMBER (MPN): NA

GRAND TOTAL $4,574,784.00

EXHIBIT A
79 36C26123C0042

Page 5 of 33 ends

ACCOUNTING AND APPROPRIATION DATA

ACRN APPROPRIATION

REQUISITION

NUMBER AMOUNT
1 640-3630162-5057-850300 Facility 640-23-2-5057-0069 $1,466,244.00 Safety, Occupa-2580 Non-Medical
Contracts and-0100229Z4

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY
DATE
ALL

VA PALO ALTO HEALTHCARE

SYSTEM, CALIFORNIA
ALL

EXHIBIT A
80

Page 6 of 33 ends

Performance Work Statement (PWS)
Fire Protection Services for Veterans Affairs Palo Alto Health Care System At Livermore VA Medical Center

1.0 General Scope of Work:

1.1 This contract requires the vendor to operate one or more Contractor-Owned Contractor- Operated (COCO) Fire Stations, which provide the services of fire suppression to the Livermore Division of VA Palo Alto Health Care System (VAPAHCS). The Contractor shall be required to respond to all emergency calls and fire alarms. The service shall be provided 24 hours per day, 7 days per week, 365 days per year. The Livermore Veterans Affairs Medical Center (VAMC) is located at 4951 Arroyo Road, Livermore, CA 94550.

1.2 The Livermore Division is a 117-acre facility located outside the city limits of Livermore, California, with 27 buildings of which there are 120 nursing home care beds and 45 sub-acute care beds.

2.0 Scope of Work:

2.1. The Contractor shall provide all personnel, equipment and facilities necessary for successful performance of this contract. The Government will not provide any facilities or equipment. The existing fire station at this (VA) facility will not be used during available contract performance. Contractor's facilities shall be located off the VA premises.

2.2 The Contractor shall be required to provide pre-fire planning, fire suppression, emergency medical aid, emergency rescue (including but not limited to confined space rescue and elevator rescue), and hazardous material response.

2.3 Provide a fire station within 3.5 miles travel distance of the entrance to the Livermore Division. Respond to the Livermore Division with a minimum of four trained, full time professional firefighters on duty within eight (8) minutes. The firefighters are permitted to arrive on more than one vehicle; however, the first four responding firefighters must be located within the 3.5 mile travel distance. Have adequate staff and equipment to respond to a second alarm.

2.4 The publications listed in Paragraph 16 (Applicable Regulations, Manuals, Specifications) are incorporated by reference into this contract and are supplemental to this specification. The Contractor shall maintain on file the current and latest edition of each applicable publication.

2.5 Changes regarding increase or decrease of buildings will be coordinated with the Contractor by the Contracting Officer prior to the initiation of such changes in order to assure adequate contractual coverage.

2.6 The Contractor shall provide and may receive services under formal mutual aid agreements at no cost to the government. The Contractor shall provide a copy of current mutual aid agreements to the COR prior to performance of contract. Refer to section 13.

3.0 Contractor Supervision:

3.1 The Contractor shall obey all Government regulations as posted on the Livermore Division facility.

3.2 The Contractor shall provide competent supervision at all times. The Contractor shall designate in writing a Contract Manager (Fire Chief or other designee) who shall be responsible

EXHIBIT A
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for the overall management and coordination of the Contractor's work force and who shall act as the central point of contact with the Government. This document shall be submitted to the Contracting Officer within 10 days after award of contract.

3.3 Contractor shall ensure that all Fire Department operations are conducted in a safe manner and that all fire fighters are knowledgeable in fire fighter occupational safety and health practices. Contractor shall comply with all provisions of National Fire Protection Association (NFPA) 1500, Standard on Fire Department Occupational Safety and Health Program.

3.4 The Fire Chief (Contract Manager) or designated alternate shall have full authority to act for the Contractor on all contractual matters relating to daily operation of this contract.

4.0 Personnel Qualifications and Requirements:

4.1 The Contractor shall ensure that proper staffing levels are maintained at all times, as stated in the Scope of Work.

4.2 The Contractor’s fire fighters shall meet the following mandatory minimum experience and training requirements.

4.2.1 The fire fighters shall possess current State of California Firefighter I status or equivalent, or shall meet the requirements of NFPA 1001, Standard for Fire Fighter Professional Qualifications.

4.2.2 The fire fighters shall meet all State and County requirements for Emergency Medical Technician - Basic for medical emergencies.

4.2.3 Engineers (Driver/Operators) shall be licensed to drive motorized firefighting equipment, and operate specialized firefighting pumping equipment and mounted pressurized systems and dispensing devices. Engineers shall meet the requirements of NFPA 1002, Standard for Fire Apparatus Driver/Operator Professional Qualifications, as well as NFPA 1001.

4.2.4 The Captains shall be required to supervise the operations of an Engine Company and meet the requirements of a Company Officer as stated in NFPA 1021, Standard for Fire Officer Professional Qualifications.

4.3 The Contractor shall submit in writing to the Contracting Officer certification that all employees meet the mandatory minimum requirements.

4.4 Each employee of the Contractor shall be identified by a distinctive name plate, emblem, or patch attached in a prominent place to an outer garment.

4.5 The Contractor shall develop and implement a comprehensive training program and a refresher training schedule to cover all aspects of fire protection as required under normal NFPA standards. Each
Fire Department member shall receive weekly, monthly or other training programs assigned to help the member to maintain speed and efficiency. The Contractor shall maintain records of training and have available for review upon request by the COR.

4.6 Personnel rosters: The Contractor shall furnish a list of all employees who might respond to the Livermore Division campus to the COR prior to the start of contract performance. The list shall include the full name and work assignment of each employee. The Contractor shall notify the respective COR of all additions, deletions, or changes at least five (5) days in advance of such changes whenever practicable, or as soon thereafter as is reasonably practicable.

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4.7 The Contractor shall remove from the job site any employee for reasons of misconduct or security or as directed by the COR or CO. The removal of such a person shall not relieve the Contractor of the requirement to provide personnel to perform adequate and timely service.

4.8 Contractor Employee Compliance. The Contractor shall ensure that Contractor’s employees entering the VA facility observe and comply with all VA policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, and "off limits" areas.

5.0 Quality Control Plan (QCP):

5.1 The Contractor shall establish a complete quality control program to ensure that all requirements are provided for, as specified in all sections of this contract. One copy of the Contractors QCP shall be provided to the COR for review prior to contract performance. The Contractor’s QCP shall include but not be limited to the following:

5.1.1 A statement describing how the Contractor will meet the basic requirements of this contract (i.e. staffing levels, time to respond to an incident, equipment requirements) shall be provided to COR 15 days after effective date of Contract award and whenever there are major turnover of personnel. A major turn-over would be determined by the COR.

5.1.2 A method for identifying deficiencies in the quality of services performed before the performance deficiency becomes unacceptable.

5.1.3 A method of recording or logging the daily activities of the contractor, which would demonstrate the Contractor's ability to maintain the minimum requirements of this contract.

5.1.4 The Government will monitor the contractor's performance using the Contractor’s QCP and the Government’s Quality Assurance Surveillance Plan (QASP) as established by the COR.

6.0 Reports:

6.1 The Contractor shall submit reports as required by the Scope of Work and all applicable provisions and clauses as follows:

6.2 Designation of Contract Manager shall be submitted to the COR within 10 days after award of contract.

6.3 Certification of the Contractor to meet mandatory requirements shall be provided to the COR before performing services.

6.4 Written schedule of training program shall be provided upon request by the COR.

6.5 The Quality Control Program shall be provided 15 days after Contract effective date.

6.6 Incident reports are due to the COR 48 hours after every incident at Livermore Division. The incident report shall be submitted in writing to the COR.

6.7. Personnel rosters shall be provided to COR on the effective start date and whenever there are updates.

7.0 Security Requirements:

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7.1 The Contractor shall comply with all VA Police requirements.

7.2 The Contractor shall establish and implement methods of ensuring that keys issued to the Contractor by the Government are not lost or used by unauthorized persons. Keys issued to the Contractor by the Government shall not be duplicated. The Contractor shall also establish and implement methods to ensure that lock combinations are not revealed to unauthorized persons.

These control methods shall be included in the Contractor’s Quality Control Plan.

7.3 The Contractor shall immediately report lost or duplicated keys to the COR or designated representative.

7.4 In the event that keys are lost, the Government, at its option, will replace the affected locks or perform rekeying. In this case, the total cost of rekeying or replacement shall be deducted from the monthly payment due to the Contractor. In the event that a master key is lost or duplicated, all locks and keys for that system will be replaced by the Government and total cost shall be deducted from the monthly payment due to the Contractor.

NOTE: Administrative buildings are locked at approximately 6:00 pm Pacific Standard Time (PST). All non-essential doorways in Building 62, Main Hospital, 12:30 a.m., Bldg 64, 8:00 p.m., and Building 90, Nursing Home Care Unit, is locked at 9 p.m.

8.0 Government Furnished Property: There is no GFP provided to the Contractor.

9.0 Contractor Furnished Property items:

9.1 Materials: The Contractor shall furnish all materials necessary to perform the tasks specified in this contract.

9.2 Equipment and Tools: The Contractor shall furnish all equipment and tools necessary to properly perform the work. The Contractor's equipment shall be in good condition and comply with safety standards. All equipment shall be cleaned and sanitized as required for the specific task for which it is intended.

9.3 Vehicles: The Contractor shall provide all necessary vehicles required to fulfill the requirements of this contract.

9.3.1 Vehicles shall be available for inspection by the COR or designee upon request.

9.3.2 Vehicles shall be specifically designed for the task for which they are supplied, i.e., transporting fire-fighting equipment and supplies, personnel, etc.

9.3.3 Vehicles shall be in operable condition and meet all applicable Local, State and Federal safety requirements.

9.3.4 Vehicles shall be painted so as to present a neat appearance with the Contractor’s name affixed on both sides of the vehicle.

9.3.5 Vehicles shall be equipped with radio dispatch equipment.

10.0 General Tasks:

10.1 The Contractor shall use all available resources to safeguard human life and property, control and suppress all fires at the Livermore Division and, as necessary, lend assistance within the mutual aid area. Refer to section 13.0 for Mutual Aid.

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10.2 Eight Minute Response Time: The Contractor shall respond to the entrance of the Livermore Division campus in eight (8) minutes or less with a minimum staff of six (6) fire fighters. The eight minute (8) response time shall be from the moment of the of alarm notification from the monitoring center. The fire fighters are permitted to respond on more than one vehicle.

10.3 The Contractor shall provide and maintain a pumping apparatus, which meets the criteria of NFPA 1901, Standard for Pumper Fire Apparatus. The Pumper shall have a minimum pump capacity of 750 gallons per minute. Additionally, a second Pumper shall be provided and maintained as a reserve, which meets the same criteria as above. Both Pumpers shall be available at the Contractor fire station(s) in order to ensure one is capable of responding to an emergency incident (since periodic maintenance may place an apparatus out of service).

10.4 Pre-Fire Plan. The Contractor shall maintain an updated pre-fire plan of the entire Livermore Division facility, following the procedures contained in International Fire Service Training Manual (IFSTA) “Fire Department Company Officer" or NFPA 1620, Standard for Pre- Incident Planning. The Contractor shall provide a copy of the plan to the COR for review prior to contract performance.

10.4.1 The Contractor shall conduct an initial and periodic company inspection(s) to establish and update the Pre-Fire Plan as needed. A copy of inspections shall be provided to the COR for review.

10.4.2 The Pre-Fire Plan shall be located on the responding apparatus for quick reference during an emergency call at Livermore Division campus. The pre-fire plan shall include, but is not limited to the following information:

10.4.2.1 A site plan identifying the names and locations of buildings, roads, fire hydrant locations, water mains, water supply tanks and reservoir and property boundaries at the Livermore Division campus.

10.4.2.2 The Contractor shall ensure adequate flow/pressure of fire hydrants by conducting hydrant flow tests in accordance with current NFPA standards. Reports shall be submitted to COR on a yearly basis.

10.4.2.3 An individual plan for each building showing occupancy type, floor plan of each level or floor, locations of utility shutdown, fire protection, system controls (i.e. alarm enunciators, fire sprinkler systems, fire department connections, standpipe riser connections), locations of any hazardous material storage, and any potential for life hazard. The Livermore Division, Engineering staff, shall assist the contractor in locating the above systems control locations.

10.5 Phone Numbers and Radio Frequencies: The COR or designate will provide a listing of telephone numbers and radio frequencies of persons or departments that may be required for assistance to the Contractor. The list shall include VA Police Service, Engineering Service and Boiler Plant Operator at the Livermore Division.

11.0 Minimum Staffing.

11.1 The minimum on-duty staffing of the Fire Station responsible for initial response to the Livermore Division shall be four (4) trained, professional fire fighters at all times. This level of staffing shall be maintained 24 hours per day, 7 days a week, 365 days a year, despite vacations, sickness, etc. The Fire Station responsible for initial response must be located within

3.5 miles travel distance from the Livermore Division.

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11.2 The minimum of six (6) fire fighters shall be maintained to respond to Livermore Division regardless of other emergency calls that may require the use of this fire station staffing, or any portion thereof (i.e. an ambulance or rescue call that could draw the staffing level below the minimum number of fire fighters). In the case of another emergency call, the minimum staffing could be maintained by the use of mutual aid agreements with other agencies or move up and cover in of other contractor resources (i.e. bringing in an engine company or additional fire fighters from other fire stations).

12.0 Fire Suppression Tasks:

12.1 The Contractor shall maintain a fire watch on all structural fires and wild land fires following suppression until there is no possibility that a rekindle may occur.

12.2 The Contractor shall overhaul and perform salvage operations during and following a fire in accordance with accepted practices as described in the appropriate International Fire Service Training Association (IFSTA) Manuals.

12.3 The Contractor shall not permit unauthorized entry by persons into a fire-damaged building until the security of the building is turned over to the appropriate authority.

13.0 Mutual Aid:

13.1 (Definition) – Mutual aid is an agreement among emergency responders to lend assistance across jurisdictional boundaries. This may occur due to an emergency response that exceeds local resources, such as a disaster or a multiple-alarm fire. It is generally a formal standing agreement for cooperative emergency management on a continuing basis, such as ensuring that resources are dispatched from the nearest fire station, regardless of which side of the jurisdictional boundary the incident is on. Mutual aid may also extend beyond local response. In the case of multiple alarm fires, mass casualty incidents, HazMat incidents, the municipality may call in resources from surrounding towns to either respond directly to the incident scene or take up quarters in their fire and Emergency Management Services (EMS) stations and respond to other incidents in that city or town when local crews are handling a protracted incident. Where a town has no resources of its own, it will contract with a surrounding town or towns to provide coverage.

13.2 The Contractor shall request mutual aid from fire departments covered under mutual aid agreements or contracts when any fire or emergency is beyond the control of the Contractor operated Fire Department.

13.3 The Contractor shall honor all existing mutual aid agreement(s). The Contractor shall submit proof to the COR that such agencies will provide backup support to the Contractor operated department, to include but not be limited to engine and/or truck (aerial ladder or elevating platform) response within their capability. The Contractor shall maintain records of all agreements and provide a copy of any new mutual aid agreements to the COR.

14.0 Emergency Medical Service and Rescue:

14.1 The Contractor shall have the equipment and training necessary to respond to requests for emergency medical aid and rescue at the Livermore Division. This service shall meet the requirements of the local Emergency Medical Services Agency (Alameda County EMS).

14.2 The Contractor’s personnel shall be equipped and trained to at least the EMT-B (Emergency Medical Technician Basic) level. This service would be required for, but not limited

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to the following types of incidents: Trauma victims in case of vehicle accidents, falls, violent crime, fire, hazardous material exposure, and building collapse, or assistance for persons with medical emergencies that need advanced life support.

15.0 Hazardous Material Response:

15.1 The Contractor shall respond to emergency hazardous material spills when requested by Livermore Division.

15.2 The Contractor shall abide by the provisions of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and other Federal, State, and local laws regarding emergency responders at hazardous material incidents.

15.3 The Contractor shall have an emergency response plan to handle anticipated hazardous material emergencies as outlined in Title III of SARA.

15.4 The Contractor shall be trained to at least the First Responder Operational Level as defined in Federal OSHA 1910.120 and NFPA 472, Standard for Professional Competence of responders to Hazardous Materials Incidents.

16.0 Applicable Regulations, Manuals and Specifications. The following apply, as specified, to the requirements of the contract:

16.1 Federal Occupational Safety and Health Administration (OSHA)

16.2 National Fire Codes (NFPA)

16.3 International Fire Service Training Association (IFSTA) Manuals

17.0 Payments and Invoicing

17.1 The Contractor shall submit invoices on a monthly basis in the arrears. All invoices shall include Contract number, Purchase Order number, Order Date, Period of Performance, and Description of Services.

17.2 The above information shall be listed on the invoices, provided Veterans Health Administration has identified the appropriate numbers on its Purchase Order and indicated on the Purchase Order that the above references need to be referenced on the invoice. The Contractor shall submit invoices to VA on a monthly basis for work performed and expenses incurred the previous month not to exceed the negotiated price.

18.0 Reserved

19.0 Definitions: Terms as used throughout this Scope of Work shall have the following meanings.

19.1 Contracting Officer (CO): The person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

19.2 Contracting Officer's Representative (COR): The person appointed/delegated by the Contracting Officer to act for the CO within the limits of the delegated authority letter.

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19.3 Contractor: The term Contractor as used herein refers to both the prime Contractor and any subcontractors. The Contractor shall be responsible for ensuring that the subcontractors comply with the provisions of this contract.

19.4 Contractor-Owned, Contractor-Operated (COCO): A method of contracting for services in which the Contractor supplies all equipment, material, and facilities which he needs to operate under the terms of the contract.

19.5 Emergency Response: Response by Contractor personnel within eight minutes of notification to deal with an emergency situation arising at the medical facility.

19.6 Fire Chief: The person designated in writing by the Contractor to be responsible for the overall management and coordination of the contract. The Fire Chief serves as the central point of contact with the Government on matters dealing with the complete supervision of all Fire Department activities, including fire prevention, personnel training, education, structural fire fighting operations, and rescue.

19.7 Hazardous Working Conditions: Situations which present real or potential hazards to the physical well-being of Contractor personnel due to such factors as, but not limited to, fire suppression activities, hazardous material response, exposure to infectious diseases, patients, falling objects, and extreme weather conditions.

19.8 NFPA: National Fire Protection Association

19.9 OSHA: Occupational Safety and Health Administration

19.10 Quality Assurance (QA): Those actions taken by the Government to check equipment or services to determine that they meet the requirements of the Scope of Work.

19.11 Quality Assurance Surveillance Plan (QASP): A systematic method used by the Government to evaluate Contractor actions and performance based on Statement of Work requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the Statement of Work. A QASP is based on the premise the Government desires to maintain a quality standard in providing fire protection service.

19.11 Quality Control (QC): Those actions taken by a Contractor to control the suitability of equipment or services so that they will meet the requirements of the Scope of Work.

20.0 Environmental and Energy Conservation Objectives: All applicable environmental and energy Conservation objectives required for and associated with VA construction projects in general shall be incorporated into the solicitation and any resultant contract. (See FAR Parts 2, 7, 11, 23, 36, 42, and 52; VHA Directive 2005-011, VHA Green Environmental Management System (GEMS) and Governing Environmental Policy Statement, 7 Mar 05; VA Handbook 0052, Affirmative Procurement, recycling, and Waste/Pollution Prevention programs, 14 Jun 02; and IL 049-02-7, 16 Apr 02, Executive Order 13221, Energy Efficient Standby Power Devices.

21.0 Security Considerations. The requirements do not apply, and a Security Accreditation Package is not required.

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—

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(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable; (C) Affected line item or subline item, if applicable; and (D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six- month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to

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comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.

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(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse- wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES
Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

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C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.
(End of Clause)
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS
In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:
(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) General Liability: $500,000.00 per occurrences.
(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.
(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.
(End of Clause)

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C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)
The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor. (End of Clause)
C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (NOV 2018)
(a) Definitions. As used in this clause—
(1) Contract financing payment has the meaning given in FAR 32.001; (2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment; (3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;
(4) Invoice payment has the meaning given in FAR 32.001; and (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:
(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.
(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).
(d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment

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requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for— (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;
(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or
(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.
(End of Clause)
C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.
(End of Clause)
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html
http://www.va.gov/oal/library/vaar/

(End of Clause)
FAR
Number
Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS
JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER
MAY 2011

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL
JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

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52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE
AUG 2020

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION
JAN 1997
(End of Addendum to 52.212-4)

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)
The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services. (End of Clause)
C.10 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (MAY 2020)
(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when frequent and continuing access to VA facilities or information systems is required. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to VA facilities or information systems. (End of Clause)
C.11 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (OCT 2019) (a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as subcontractors. (b) Eligible service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor.

To receive credit, an offeror must be registered and verified in the Vendor Information Pages (VIP) database.
(c) Non-Veteran offerors proposing to use SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database.

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(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause)
C.12 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019) (a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran- Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.
(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.
(End of Clause)
C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). [] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[X] (12) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644). [] (ii) Alternate I (MAR 2020) of 52.219-7.

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[] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (SEP 2021) of 52.219–9.
[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). [] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (19) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). [] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[] (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).
[X] (22) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219–28.
[] (23) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)). [] (24) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[] (26) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s). [X] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). [] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). [X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). [X] (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) [] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.

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[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). [] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83). [] (ii) Alternate I (OCT 2022) of 52.225–1.
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108- 302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [] (ii) Alternate I [Reserved].
[] (iii) Alternate II (DEC 2022) of 52.225-3.
[] (iv) Alternate III (JAN 2021) of 52.225-3.
[] (v) Alternate IV (OCT 2022) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). [] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[X] (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021). [] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805). [] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).
[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). [] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). [] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits
Firefighter $51.38

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). [] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). [X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91).
(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232). (v) 52.219–8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR

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19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246). (viii) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ix) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793). (x) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989). (xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxi) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

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(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
C.14 MANDATORY WRITTEN DISCLOSURES
Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at http://www.va.gov/oig/contacts/hotline.asp and clicking on "FAR clause 52.203- 13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488- 8244 for further instructions.

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SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

See attached document: Attach 1 - DOL Wages - Alameda County.

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REVENUE SHARING AGREEMENT

BY AND BETWEEN THE CITY OF LIVERMORE

AND THE CITY OF PLEASANTON
(LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY

FIRE PROTECTION SERVICES TO THE

DEPARTMENT OF VETERANS AFFAIRS LIVERMORE MEDICAL CENTER)

THIS AGREEMENT is entered into on this ____ day of _____________, 2023, between the CITY OF LIVERMORE (“Livermore”), a general law city and municipal corporation, and the CITY OF PLEASANTON (“Pleasanton”), a general law city and municipal corporation, collectively referred to as the “Parties”.

RECITALS

The Livermore-Pleasanton Fire Department Joint Powers Authority ("LPFD JPA") is a joint powers authority created by the cities of Livermore and Pleasanton in 1996 to provide fire protection services to the communities of Livermore and Pleasanton.

In October 2012, the City Council of the City of Livermore authorized Livermore to enter into an agreement with the VA Palo Alto Health Care System ("Livermore Veterans Affairs Medical Center") to allow the LPFD JPA to provide fire protection services to the VA Hospital located in Livermore. The initial agreement between Livermore and the Department of Veterans Affairs expired on October 31, 2017, and was renewed for an additional six (6) month period, which expired on April 30, 2018.

On May 21, 2018, Livermore entered into a new agreement with the Department of Veterans Affairs, to continue to provide fire protection and emergency response services. The term of the agreement is one year, with four one -year options to renew ("Options") and was executed in October of 2018. This contract was extended through October 2023.

LPFD JPA entered into a new contract for emergency Services with the VA ( "2023/2024
VA Agreement"). The new contract term is November 1, 2023, through October 31, 2024, with two one-year options to extend the term of the agreement.

The Parties have agreed to share the revenue generated by the 2023/2024 VA Agreement, and the Parties wish to provide for a formal process for the transfer of these revenues from Livermore to Pleasanton. The Parties agree that Livermore and Pleasanton shall share revenues based on the schedule detailed in Section 2 and Exhibit A of this agreement. As 100% of the costs of the additional 3 FTE Firefighters will be borne by the City of Livermore, any and all reimbursements above and beyond the schedule detailed in Section 2 and Exhibit A of this agreement will be retained by the City of Livermore. Any other modifications to the agreement and/or payment schedule with the VA will be addressed on a case-by-case basis.

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AGREEMENT

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

Section 1. Revenue Receipt. Pursuant to the terms of the 2023/2024 VA Agreement, monthly invoices will be submitted to the VA to be compensated for the services provided the prior month. Livermore shall, upon request of Pleasanton, share with Pleasanton copies of all correspondence between Livermore and the Department of Veterans Affairs regarding payment for fire protection and emergency response services.

Section 2. Payment. Livermore will allocate the following amounts as a Pleasanton contribution to LPFD operations.

Base Year: $31,844, monthly
Option Year One: $33,348, monthly
Option Year Two: $35,016. monthly

The revenue sharing methodology is laid out in Exhibit A. If payments received by Livermore from the Department of Veterans Affairs differ from those identified in the 2023/2024 VA Agreement, the Parties agree to meet to determine the appropriate split of revenue received, while continuing to provide Livermore a greater share sufficient to cover the costs incurred from the increased staffing required by the 2023/2024 VA Agreement.

Section 3. Term and Termination. The term of this Agreement shall be for a period of one year, beginning on the last date this agreement is executed. The Parties have the right to extend the term of this A greement for two, one -year periods by mutual written agreement of the Parties, but in no event shall the term of this Agreement last beyond October 31, 2026 unless extended, in writing, by mutual agreement of the Parties. This Agreement shall terminate prior to the end of the term in the event: (1) the 2023/2024 VA Agreement terminates; or (2) the LPFD joint powers authority is terminated pursuant to the joint powers agreement between the Parties.

After a period of one year, or sooner upon mutual written agreement of the Parties, the Parties may modify or terminate this Agreement by mutual, written consent. The termination of this Agreement shall not disturb, or be construed in any way, to alter the terms of the 2023/2024 VA Agreement entered into between the LPFD JPA and Livermore Veterans Affairs Medical Center.

Section 4. Notices. Communication and notices required hereunder may be hand- delivered or sent by first -class United States mail, and shall be deemed complete when hand - delivered or three days after being deposited in the mail, as the case may be . Communications and notices to be sent to the Parties shall be addressed to:

City of Livermore City of Pleasanton
1052 S. Livermore Avenue P. O. Box 520
Livermore, CA 94550 Pleasanton, CA 94566
Attn: City Manager Attn: City Manager

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With a copy to:

Livermore-Pleasanton Fire Department
3560 Nevada Street
Pleasanton, CA 94566
Attn: Fire Chief

Section 5. Execution in Counterparts . This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument.

Section 6. Amendments. This Agreement may be amended by mutual agreement of the Parties, in writing.

Section 7. Incorporation of Recitals and Introductory Paragraph . The Recitals contained in this Agreement and the introductory paragraph preceding the Recitals are hereby incorporated into this Agreement as if fully set forth herein.

Section 8. No Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement and only the Parties expressly referenced herein shall have the right to enforce this Agreement.

Section 9. Remedies. Any Party may institute an equitable action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto or to obtain any remedies consistent with the foregoing and the purpose of this Agreement. In no event shall any Party be entitled to monetary damages for breach of this Agreement by any other Party to this Agreement.

Section 10. Severability. Should any part, term or provision of this Agreement be decided by the courts to be illegal, in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not be affected thereby.

Section 11. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

Section 12. Further Assurances. The Parties each will adopt, deliver, execute and make any and all further assurances, instruments, and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the performance hereof and for the better assuring and confirming unto each other of the rights and benefits provided to it herein.

Section 13. Governing Law . The interpretation, validity, and enforcement of this Agreement shall be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

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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.

CITY OF PLEASANTON Dated:

_____________________________ __________________________ By: Gerry Beaudin, City Manager

APPROVED AS TO FORM:

_____________________________
Daniel Sodergren, City Attorney

ATTEST:

______________________________
Jocelyn Kwong, City Clerk

CITY OF LIVERMORE Dated:

_____________________________ __________________________ By: Marianna Marysheva, City Manager

APPROVED AS TO FORM:

_____________________________
Deputy/Assistant/City Attorney

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Veterans Administration Medical Center (VAMC) Revenue Sharing Methodology I. The May 21, 2018 agreement with the VAMC ("2018 VA Agreement") authorized LPFD to provide emergency fire services to VAMC with a commitment to provide four Firefighters as the response between two companies (Stations 5 and 9). However, LPFD practice had been to respond with the appropriate level of service required given the event, which could be three Firefighters.
a. The 2018 VA Agreement included annual compensation from VAMC for providing emergency fire services to VAMC with a three-member crew. b. Pleasanton and Livermore equally shared the revenues associated with the e
mergency fire services provided to the VAMC.

II. The VAMC subsequently requested a modification to the 2018 VA Agreement to add a requirement that the fourth Firefighter must be present on the initial responding company. VAMC agreed to provide funding to cover the cost of the fourth Firefighter.
a. Since the 4th Firefighter will be located in Livermore, Livermore will pay for the 4th Firefighter (3.0 FTEs) and will receive 100% of the additional funding pr
ovided by VAMC to cover the 4th Firefighter.

III. In 2023, LPFD JPA entered into a new contract for emergency fire s ervices with the VA MC ( "2023/2024 VA Agreement"). The 2023/2024 VA Agreement authorizes LPFD to provide emergency fire services to VAMC with a commitment to provide four (4)
f
irefighters as the response between two companies (Stations 5 and 9). a. Since the 4th firefighter is located in Livermore, Livermore has agreed to pay for the 4th firefighter (3.0 FTEs) and will receive 100% of the additional funding provided by the VAMC to cover the cost of the 4th firefighter. b. The 2023/2024 VA Agreement includes the following annual compensation from VAMC for providing the emergency fire services to VAMC with a four-member crew:

LPFD VA 2023-2024 Agreement
M onthly Annually COL
Portion
COP
Portion Total
Base (11/1/23 – 10/31/24)
3 FTEs (4th Firefighter x 3 shifts)
$63,687 $764,244 $382,122 $382,122 $1,466,244
$58,500 $702,000 $702,000 -
Y1 Extension (11/1/24 – 10/31/25)
3 FTEs (4th Firefighter x 3 shifts)
$66,696 $800,352 $400,176 $400,176
$1,523,412
$60,255 $723,060 $723,060 -
Y2 Extension (11/1/25 – 10/31/26)
3 FTEs (4th Firefighter x 3 shifts)
$70,031 $840,372 $420,186 $420,186
$1,585,128
$62,063 $744,756 $744,756 -
113

CITY COUNCIL STAFF REPORT
ITEM NO. 5.7

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution authorizing acceptance of funds in the amount of $50,230, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2023-24 and authorizing the City Manager to execute the grant agreement.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing acceptance of funds, in the amount of $50,230, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2023-24; 2 .

Authorizing the City Manager to execute the grant agreement; and 3 .

Approving a supplemental appropriation of $50,230 in the Police Department's budget to support the execution of the grant.

SUMMARY
The Police Department applied for, and was awarded, a grant from the State of California Department of Alcoholic Beverage Control in the amount of $50,230. Authorized expenditures are categorized in the following areas:
1 .

Identify and target problematic ABC licensed establishments. Conduct IMPACT Inspections and Operations, Minor Decoy Operations, and General Enforcement) - Measure efforts, impact, and outcome through data-based tracking.
2 .

Staff ABC specific overtime positions for Special Events. Officers to conduct General Enforcement Operations, Inspections, LEAD Training before major events. - Measure efforts, impact, and outcome through data-based tracking.
3 .

Press Releases, Public Service Announcements, Social Media Communications and Promotions, Community and Business Outreach Meetings, through the use of Livermore PD's Public Information Officials and Community Outreach Unit. - Monitor, document, and report upon engagement analytics through varying platforms.
4 .

LEAD Training hosted through our Training Unit and host site amenities. 5 .

Provide briefing trainings to general patrol staff for better knowledge and implementation on ABC 114
laws. This would be done at least twice through grant period. Training will focus on applicable laws and investigative steps required for successful prosecution.

DISCUSSION
The Livermore Police Department is fully committed to education and enforcement efforts related to the responsible sale and consumption of alcoholic beverages. The requirements of the grant will be met through ABC licensee premise inspections, minor decoy operations, staff training/development, public awareness efforts, community communication, and general enforcement activities.

FISCAL AND ADMINISTRATIVE IMPACT

Funding for this grant was not included in the FY 2023-24 budget because the grant opportunity was not present during the budget planning period. A $50,230 appropriation to the Police Department’s FY 2023-24 budget will be required; however, the grant will be received on a reimbursement basis from the State of California. There is no city required match and no financial obligation beyond the grant period.

Administrative reporting to the Department of Alcoholic Beverage Control will be handled by the Downtown Area Officer, under the supervision of the Crime Prevention Unit Sergeant and Lieutenant.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
2: Provide proactive and effective public safety and crime prevention through direct enforcement, education, and partnerships.

ATTACHMENTS

1. Resolution

2. Exhibit A - Grant Agreement

Prepared by: Joseph Draghi
Police Lieutenant

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING RECEIPT OF FUNDS, IN THE
AMOUNT OF $50,230 FOR THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC

BEVERAGE CONTROL GRANT AWARD
The City of Livermore has been awarded $50,230 in grant funds from the State of California Department of Alcoholic Beverage Control (ABC) to further its commitment to education and enforcement efforts related to the responsible sale and consumption of alcoholic beverages.

The City of Livermore Police Department intends to utilize the grant funds to conduct minor decoy operations, raise public awareness regarding ABC laws, conduct ABC law related general and holiday-specific enforcement efforts, and inspections of ABC licensed establishments.

Funding for this grant must be appropriated in the FY 2023-24 budget and will be received on a reimbursement basis from the State of California.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, on behalf of the City of Livermore, to execute the grant agreement, attached hereto as Exhibit A, for receipt of grant funds from the State of California Department of Alcoholic Beverage Control.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the receipt of State of California Department of Alcoholic Beverage Control grant funds, in the amount of $50,230 for Fiscal Year 2023-24, consistent with the terms and conditions of the grant and authorizes a supplemental appropriation in the amount of $50,230 for FY 2023-24.

On motion of Council Member ___________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Katherine Mirassou
Marie Weber Katherine Mirassou
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A - Department of Alcoholic Beverage Control Grant Agreement – Project Number 23- APP22
116
SCO ID: 2100-23A PP 22
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES - - - - - - - - - - - - --r-- - - - - - - - - - - ----:-:--i STANDARD AGREEMENT AGREEME NT NUMBER PURCHASING AUTHORITYNU MB ER (If App l ica b le ) STD 213 (Rev. 04/2020) 23-APP22 ABC-2100

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Depa rt ment of Alcoholic Beverage Control

CONTRACTOR NAME
City of Livermore th rough the Livermore Police Department

2. The term of this Agreement is:

START DATE
July 1, 2023

THROUGHEND DATE
Jun e 30, 2024

3. The maximum amount of this Agreement is:
$50,230.00 Fifty thousand two hundred thirty dollars and no cents

4. The parties agr ee to comply wit h the terms and conditions of the following exh ibit s, which are by this referencemade a part of the Agreemen t.

Itemsshown with an asterisk-("), are hereby incor.oorated by reference and made part of this agreement as it attached hereto.

These documents can be viewed at https:J/www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an indi vidual, sta te whether a corporation, partnership, etc.) Cit y of Livermore (through the Livermore Polic e Department)

CONTRAC TOR BUSINESS ADDRESS
1110 S. Livermore Ave.

CITY ST AT E I Z I P
Livermore I CA 94550

PRINTED NAME OF PERSON SIGNING
Ma rianna Marysheva
TITLE
City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
Department of Alcoholic Bev erage Cont rol

CONTRAC TING AGENCY ADDRESS
3927 Lennan e Drive

CITY STATE I ZI P
Sacramento I CA 9 5834

PRIN TED NAME OF PERSON SIGNING
Pattye Bak er
TITLE
Chief, Business Ma nagement Branch

CONTRA CTING AGENCYAUTHORIZEDSIGN ATURE DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICESAPPROVAL EXEMP TION(If Applic able)

Page 1 of 1 ends

Exhibits Title Pages
Exhibit A Scope of Work 2
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C * General Terms and Cond iti ons 4
Exh ibit D Special Terms and Conditions 1
Attachment
RFP RF P Scope of Work 10

EXHIBIT A
117

CITY COUNCIL STAFF REPORT
ITEM NO. 5.8

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Joe Testa, Fire Chief
SUBJECT:

Resolution authorizing acceptance of $100,000 in grant funds from the California Office of Traffic and Safety (OTS) for Extrication Equipment, authorizing the execution of a grant agreement with OTS, appropriating $100,000 in the Equipment Replacement Fund for Fiscal Year 2023-24, and authorizing the purchase of Extrication Systems from L.N.

Curtis and Sons.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Authorizing appropriation of $100,000 in the Equipment Replacement Fund budget in FY 2023-24; and
3 .

Authorizing the purchase of extrication systems from L.N. Curtis and Sons.

SUMMARY
The LPFD is seeking authorization from the City Council to accept grant funds from the California Office of Traffic and Safety (OTS), authorizing the City Manager to execute the grant agreement with OTS, appropriating $100,000 in the Equipment Replacement Fund budget in FY 2023-24, and authorizing the purchase of extrication equipment from L.N. Curtis and Sons.

DISCUSSION
LPFD was awarded a $100,000 grant from the California Office of Traffic and Safety. This grant will provide for modern and effective extrication equipment to be placed on all front line, 24-hour staffed, apparatus where it can be used efficiently and effectively to extricate and remove trapped victims, reducing serious injuries and death.

The majority of vehicle extrication equipment currently used by the LPFD is at least 15 years old and experiences frequent mechanical breakdowns. In addition, battery powered equipment is becoming the 118
standard and will require the department to replace existing gasoline powered equipment with this technology.

Interstate 580 and Interstate 680 are heavily traveled freeways that run through the LPFD’s service area.

Most collisions in the city occur on Interstate 580. Many of these collisions involve large commercial vehicles and/or high velocity, resulting in major injuries, and periodically fatalities. This grant would provide new vehicle extrication and stabilization equipment critical to mitigate many of the accidents encountered.

FISCAL AND ADMINISTRATIVE IMPACTS
The fiscal impact of accepting this grant is an increase of $100,000 in revenues and expenditures in the Equipment Replacement Fund (Fund 912). Staff recommends that City Council appropriate an additional $100,000 in grant revenues and corresponding expenditures for this equipment in the Fiscal Year 2023- 24 Equipment Replacement Fund budget. The terms of this grant, as identified in the Grant Agreement (Exhibit A to the Resolution), require the LPFD to purchase the equipment and submit invoices for reimbursement from OTS.

Utilizing GSA Contract 47QSWA18D009Y, LPFD has access to government contract pricing for the desired equipment.

COMMUNITY PILLAR
1: A Safe Community that Thrives

GOAL
5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.

GUIDING DOCUMENT
LPFD Strategic Plan

ATTACHMENTS

1. Quote

2. Resolution

3. Exhibit A - Grant Agreement

Prepared by: Gina Eleccion
Business Manager

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
119
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 275150

Page 1 of 2 ends

Quotation
CUSTOMER: SHIP TO:

Livermore Pleasanton Fire
Department
3560 Nevada Street
Pleasanton CA 94566-6267
Livermore Pleasanton Fire
Department
Greg Kurtz
3560 Nevada Street
Pleasanton CA 94566-6267
QUOTATION NO. ISSUED DATE EXPIRATION DATE
275150 09/18/2023 10/18/2023

SALESPERSON CUSTOMER SERVICE REP
Trevor Murphy
[email protected]
408-314-3789
Trevor Murphy
[email protected]
408-314-3789
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Greg Kurtz C33685 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
DEST Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings Transportation is included in below pricing.

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 2 EA 271855000-1
HURST
SP555 E3 Spreader Tool Only $11,395.00 $22,790.00
2 2 EA 272899000-1
HURST
S799 E3 Cutter Tool $11,195.00 $22,390.00
3 2 EA 274885000-1
HURST
R521 E3 Ram Tool Only $7,495.00 $14,990.00
4 2 EA 274883000-1
HURST
R320 E3 Mini Ram Tool Only $5,995.00 $11,990.00
ATTACHMENT 1
120
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com
Quotation No. 275150

Page 2 of 2 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 5 16 EA 90-53-18 HURST Edraulic EXWT/E3 9Ah Saltwater
Battery
$805.00 $12,880.00
6 8 EA 90-53-37 HURST EWXT/E3 110-240V Charger $469.00 $3,752.00 7 2 EA 81-67-20 HURST KSV11 Chain Set with Clevis Lock And Hook, Consists of:
2 - 6Ft Chains with Hook
2 - Shackle with Bolt
$955.00 $1,910.00
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains ®rm until 10/18/2023. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons of®ce prior to placing your order to con®rm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speci®c prices, terms, and conditions.

Subtotal $90,702.00
Estimated Tax Total $9,296.96
Transportation $0.00
Total $99,998.96
View Terms of Sale and Return Policy
ATTACHMENT 1
121
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $100,000 GRANT FROM

THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR EXTRICATION EQUIPMENT,

AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, AUTHORIZING THE APPROPRIATION OF $100,000 IN THE EQUIPMENT REPLACEMENT FUND BUDGET FOR FY 2023-24 FOR THE

PURCHASE OF EXTRICATION EQUIPMENT, AND AUTHORIZING THE PURCHASE OF EXTRICATION SYSTEMS FROM L.N. CURTIS AND SONS
The Livermore-Pleasanton Fire Department Joint Powers Authority (“LPFD”), in support of delivering life and fire protection services to the community, purchases various materials and supplies, such as personal protective equipment, fire hoses, gas monitors, thermal imaging cameras, fireground equipment, and hand tools.

LPFD is currently in need of new vehicle extrication equipment, which is used by first responders to safely extricate people trapped in vehicle crashes. The majority of LPFD’s vehicle extrication equipment is at least 15 years old and experiences frequent mechanical breakdowns. In addition, the industry is transitioning from gasoline-powered to battery- powered equipment, which will require LPFD to replace existing gasoline-powered equipment, including its aging vehicle extrication equipment.

LPFD applied for and was awarded a grant in the amount of $100,000 from the California Office of Traffic Safety. This grant will provide for new extrication and stabilization equipment. This grant will also help replace outdated and unreliable tools. This new modern equipment will improve LPFD’s ability to efficiently and effectively extricate and remove people trapped in traffic crashes, reducing serious injuries and saving lives.

LPFD desires to purchase new extrication equipment from L.N. Curtis and Sons (“Vendor”). Vendor holds Federal GSA Contract 47QSWA18D009Y for certain firefighting equipment. As a result, LPFD has access to government contract pricing for the desired equipment and will procure this equipment through a cooperative purchasing arrangement.

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

1. Authorizes LPFD to accept the grant funds from the California Office of Traffic Safety in the amount of $100,000.

2. Authorizes the City Manager, on behalf of LPFD in her capacity as a Joint Executive Director for LPFD, and the Administrative Services Director, on behalf of LPFD in her capacity as the Treasurer for LPFD, to execute a grant agreement between LPFD and the California Office of Traffic Safety, attached hereto as Exhibit A, for a grant in the amount of $100,000 for new vehicle extrication equipment and associated training. 122
RESOLUTION NO. ________

3. Authorizes the appropriation of $100,000 in grant revenue and expenditures in the Equipment Replacement Fund in Fiscal Year 2023-24 for the purchase of extrication equipment to be reimbursed by the grant funds.

4. Authorizes the City Manager, on behalf of LPFD in her capacity as a Joint Executive Director for LPFD, to execute a purchase order with L.N. Curtis and Sons in the amount of $100,000 for the purchase and delivery of extrication equipment.

5. Authorizes the City Manager, both in her capacity as the City Manager for the City of Livermore and as a Joint Executive Director for LPFD, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed grant agreement.

On motion of Council Member __________, seconded by Council Member ___________, the foregoing resolution was passed and adopted on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
________________________ /s/ Molly O’Toole
Marie Weber Molly O’Toole
Deputy City Manager/City Clerk Deputy City Attorney
Exhibit A – Grant Agreement between LPFD and the California Office of Traffic Safety 123
8/28/2023 3:27:16 PM Page 1 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
EM24016

1. GRANT TITLE
Regional Crash Response and Extrication Improvement Program

2. NAME OF AGENCY 3. Grant Period
Livermore-Pleasanton Fire Department From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Livermore-Pleasanton Fire Department

5. GRANT DESCRIPTION
The city/county/fire protection district will serve as the lead agency for a regional extrication equipment distribution grant for their county. The extrication equipment is used by first responders to safely extricate victims trapped in traffic crashes. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan and is in need of replacement.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $100,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jason Solak
Deputy Chief
[email protected]
(925) 998-1202
3560 Nevada Street
Pleasanton, CA 94566
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Marianna Marysheva
City Manager
[email protected]
(925) 960-4040
1052 S. Livermore Avenue
Livermore, CA 94550
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Tina Olson
Administrative Services Director
[email protected]
(925) 960-4304
1052 S. Livermore Avenue
Livermore, CA 94550
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

EXHIBIT A
124
8/28/2023 3:27:16 PM Page 2 of 15

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $100,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$100,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $100,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

KJN1GEH83KF3
3560 Nevada Street
Pleasanton
94566-6267
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

EXHIBIT A
125
8/28/2023 3:27:16 PM Page 3 of 15
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
EM24016

1. PROBLEM STATEMENT
The Livermore-Pleasanton Fire Department services 50 square miles of incorporated city area. Through an auto-aid agreement with Alameda County Fire Department, we provide emergency services to the City of Dublin and the unincorporated areas of east Alameda County to the San Joaquin and Contra Costa County lines. Last year, we responded to more than 16,000 calls for service.

Livermore-Pleasanton Fire Department was officially formed in 1996, to meet the needs of two neighboring communities. Since that time, demand for service has drastically increased with the influx of population and traffic on our roadways. The department has struggled financially to purchase and or replace emergency equipment due to limited funding. Additionally, the economic downturn that affected California beginning in 2008 and continued for several years further exacerbated the problem of limited funding, thereby reducing the agency’s ability to replace old and unreliable equipment. The majority of extrication equipment currently used by Livermore-Pleasanton Fire is at least 15 years old and experiences frequent mechanical breakdowns. In addition, e-draulic equipment is becoming the standard and will require our department to replace existing equipment with this e-draulic technology.

Interstate 580 and Interstate 680 are heavily traveled freeways that run through our service area. The majority of collisions in the city occur on Interstate 580. Many of these collisions involve commercial vehicles, resulting in major injuries, and periodically fatalities. This grant would provide new extrication and stabilization equipment critical in our success to mitigate many of the crashes encountered. Additionally, the grant would help replace outdated and unreliable tools. Obtaining this new modern equipment to replace the obsolete equipment will improve the department’s ability to save lives through traffic safety efforts.

The grant would allow for modern and effective extrication equipment to be placed on all front line, 24-hour staffed, apparatus and be delivered to an emergency scene where it can be used efficiently and effectively to extricate and remove trapped victims, reducing serious injuries and death. With a limited number of personnel at an emergency scene, having the most capable and reliable equipment available will equate to a more rapid transport of victims and an increase in patient survivability.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Decrease the average extrication time, from the time of arrival at the crash site to transport.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Develop Memorandums of Understanding (MOUs) with recipient agencies which contain the following: a list and description of equipment; an explanation of the submission of data collection and quarterly reporting; the responsibility of maintaining equipment; and the reporting of the fair market value of equipment every other year.
1 3. Purchase and place fully equipped extrication systems in strategic locations within the jurisdiction.
2 4. Train firefighters in the use of the new equipment. 2

5. Conduct traffic safety presentations with an effort to reach persons and communities.
4 6. Display the OTS funded equipment during Public Safety Fairs, community festivals and/or other Department or community events.
4 EXHIBIT A
126
8/28/2023 3:27:16 PM Page 4 of 15

7. Report on the number of times the grant-funded equipment is used during an extrication, provide a brief overview of the incident and indicate if the equipment was used to save a life.
1 8. Livermore - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 00 minutes to 00 minutes.

9. Pleasanton - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 00 minutes to 00 minutes.

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Determine specific equipment requirements.
 Request equipment vendor price quotation for the required equipment per host agency requirement.
 Submit purchase orders to equipment vendors for purchase of the equipment.  Prepare and execute Memorandums of Understanding (MOU) with recipient agencies.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  Inventory the new equipment following delivery.
 Disperse equipment to identified recipient agencies.
 Plan a media event announcing the grant funded equipment.  Recipient agencies will identify training needs and objectives and coordinate instructional staff to conduct a high quality training program for their respective agency.  Recipient agencies will develop a preventive maintenance schedule for the new equipment following manufacturers’ recommendations.

Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

EXHIBIT A
127
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 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
EM24016

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402EM-24 20.600 State and Community Highway
Safety
$100,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Fully Equipped Extrication System 402EM-24 $50,000.00 2 $100,000.00 Category Sub-Total $100,000.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $100,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
EM24016

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Fully Equipped Extrication System - Fully equipped extrication systems are generally comprised of a hydraulic pump, fluid, hoses, control valves, and hydraulically actuated spreaders and cutters used primarily for vehicle extrication incidents as well as edraulic tools. It includes every piece of extrication equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired, and costs $5,000 or more (including tax, shipping, and installation).

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
EM24016
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agenc y, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance w as placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective par ticipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance w as placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, pers on, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its prin cipals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall projec t contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because o f any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Mes saging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

EXHIBIT A
138

CITY COUNCIL STAFF REPORT
ITEM NO. 5.9

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving amendments to the City’s Other Post Employment Benefits (OPEB) Policy to ensure the City does not over-fund its OPEB obligations.

RECOMMENDED ACTION

Staff recommends that the City Council adopt a resolution approving amendments to the City’s Other Post Employment Benefits (OPEB) Policy.

SUMMARY
On June 22, 2015, the City Council adopted resolution 2015-089 approving the City’s Other Post Employment Benefit (OPEB) Policy. The purpose of this policy is to establish practices that ensure appropriate funding for the City’s OPEB obligations and communicate the investment philosophy for managing the City’s OPEB obligation. Staff is recommending updates and edits to the OPEB Policy to ensure the City does not over-fund its OPEB obligation through the City’s OPEB Trust Fund such that there is a large balance remining in its OPEB Trust Fund after the retiree medical benefits program ceases.

DISCUSSION
Governmental Accounting Standards Board (GASB) Requirements . In 2004, Governmental
Accounting Standards Board Statement 45 (GASB 45) was issued to provide more complete, reliable, and useful financial reporting regarding the financial obligations that governments incur when they provide post-employment benefits other than pensions as part of the compensation for services rendered by their employees. Post employment healthcare benefits, the most common form of OPEB, are a significant financial commitment for the City of Livermore.

In 2015, GASB 75 was issued to replace the previous requirements set forth in GASB 45 to update terminology and provide additional guidelines for both financial reporting and footnote disclosures. This requires reporting of the Net OPEB Liability on the balance sheet, expenditures to be reported on the income statement, and footnote disclosures relating to important statistics and calculations used in the reporting of the OPEB Liability. To comply with the GASB 75 reporting requirement, the City obtains an 139
Actuarial Valuation Report on a bi-annual basis. This detailed report explains the factors and assumptions that are used in calculating the City’s OPEB liability. It also calculates the prudent annual funding level, called Annual Required Contribution (ARC), as well as the Actuarial Accrued Liability (AAL), and other data necessary to manage this obligation. The annual ARC payment calculations assume the City intends to fund 100% of its OPEB liability.

OPEB Trust Fund Background.

The City’s OPEB Trust Fund is an Internal Revenue Code (IRC) Section 115 Irrevocable Exclusive Benefit Trust administered by Public Agency Retirement Services (PARS) with the investments managed by HighMark Capital Management and held in trust with US Bank. PARS, through HighMark Capital Management, offers five different investment strategies. The City currently utilizes the “Capital Appreciation” fund option, which results in an actuarial discount rate of

6.25%.

The primary goal of the Capital Appreciation strategy is growth of principal. The major portion of the trust’s assets are invested in equity securities and, appropriately, market fluctuations are expected.

Since funds currently deposited into the OPEB Trust Fund are not anticipated to be fully expended for more than 40 years, this investment strategy seeks to maximize long term investment returns with less concern for short term volatility. As time passes, and the need to use a larger portion of the OPEB Trust Fund grows nearer, the investment strategy should gradually be altered to value short term stability, providing a consistent level of inflation-protected income instead of growth.

Livermore’s OPEB Program.

The City’s OPEB obligations are limited to staff who began employment with the City before certain dates as described below:
• Executive Management – 8/1/2014
• Management and Confidential – 2/1/2006
• ALE – 4/1/2007
• LPOA – 2/1/2007
• Police Management – 9/1/2004

As of June 30, 2022, there were 154 active employees eligible to receive this benefit if they retire from the City of Livermore and 357 retirees receiving the benefit. Thus, the City’s future OPEB obligation is limited to a total of 520 employees. As retirees move into Medicare or pass away and as eligible employees leave the City before retiring, the City’s OPEB obligation is reduced. The City’s actuary estimates the City’s OPEB liability will begin to decline in 2031 and continue to decline for approximately 50 years when the remaining participating retirees are expected to pass away and the City’s OPEB obligation ceases.

As previously noted, the ARC calculation assumes the City will fully fund its OPEB liability through a combination of allocations to the City’s OPEB Trust Fund and cash funding annual retiree medical obligations. Also previously noted, the City’s OPEB Trust Fund is invested with expected annual returns of 6.25%, which is the discount rate the actuary uses to calculate the City’s unfunded liability and annual ARC contributions. The City’s OPEB Trust Fund has had annualized returns of 7.45% from 2010 through 2023 or 120 basis points greater than assumed. The additional investment earnings reduce the City’s unfunded OPEB liability and annual ARC contributions. For example, using the OPEB Trust Fund balance of $44.2 million that the City had at June 30, 2023, the 7.45% investment earnings is $530,000 greater than projected by the City’s actuary.

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The City’s OPEB Trust Fund can only be used to cover retiree medical expenses. The City must wait until the last retiree receiving medical benefits dies to access the remaining balance in the OPEB Trust Fund. Until then the City cannot transfer the remaining balance back to the City to be used for other purposes. The variables used to calculate the City’s OPEB liability can and do change over time including actual OPEB Trust Fund investment earnings, actual mortality rates, and the extent which employees take advantage of the benefits when they retire. For example, in 2015 the City’s actuary estimated that the City would start withdrawing from the OPEB Trust Fund in 2038. However, with the improved investment earnings and changes in other assumptions, the City will start withdrawing from the OPEB Trust fund in 2023 or 15 years sooner than expected.

Proposed OPEB Funding Policy
. To ensure the City does not over-fund its OPEB obligation and have a significant balance in its OPEB Trust Fund after the retiree medical benefits program ceases, staff is proposing a policy to fund the City’s OPEB liability at no more than 80% by FY 2033-34. Under this proposed OPEB funding policy, the City would likely fund the last 10 to 15 years of benefit payments from the City’s budget, when there should be a very small number of retirees receiving benefits all of whom will be on Medicare and therefore a manageable expense. The City’s pension related expenses will also be significantly lower at that time since the City’s unfunded pension liability incurred during and shortly after the Great Recession will be fully funded and active employees will all be under the state’s Public Employees’ Pension Reform Act (PEPRA) pension formula that requires employees to equally share pension expenses with employers. The City’s OPEB liability is funded at 58% as of June 30, 2023, an approximate 4% increase from June 30, 2022 when it was 53.9% funded.

Other Changes to the OPEB Policy.

Most of the other changes to the OPEB Policy are clarifying edits.

In addition, staff recommends changing the City Council review of the OPEB Policy from every four years to periodically providing flexibility to review the OPEB Policy as variables change such that amendments are warranted. Staff also recommends changing the requirement to present the City’s bi-annual OPEB actuarial report in an open City Council session to presenting the status of the City’s OPEB obligation in the City Manager’s budget message included in the City’s bi-annual budget book.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed OPEB Policy will likely result in the City’s withdrawing a larger amount from the OPEB Trust Fund over the next 10 to 15 years than previously anticipated which will reduce the use of the City’s operating budget to cover retiree medical expenses during that time. As previously noted, it is also likely that the City will fund the last 10 to 15 years of the retiree medical program with its operating budget which will be a manageable expense since there will be few retirees receiving the benefit and they will all be in Medicare, which is less expensive. There is no administrative impact associated with updating the OPEB Policy.

COMMUNITY PILLAR
5: A City that Works

GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. OPEB Policy (Redline Version)
141

2. Resolution

3. Exhibit A - OPEB Policy

Prepared by: Tina Olson
Administrative Services Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
142
OP

EB POLICY
Adopted June 22, 2015
Resolution No 2015-xx
Prepa
red By: Administrative
Services Department
ATTACHMENT 1
143
2 City of Livermore

OPEB POLICY

OBJECTIVE

The City of Livermore’s primary financial objective is to maintain the fiscal stability of the community. Properly monitoring, managing, and funding the City’s Other Post Employment Benefits (OPEB) obligation, commonly known as retiree medical benefits, is critical to achieving this objective.

PURPOSE

The purpose of this policy is to establish practices that promote transparency, ensure appropriate funding, and communicate the investment philosophy for managing the City’s OPEB obligation.

OVERVIEWPRACTICES

GASB 45Transparency. Prior to Governmental Accounting Standards Board ASB Statement 45 (GASB 45), government entities typically followed a “pay-as-you-go” accounting approach to funding retiree medical expenses. in which the cost of benefits was not reported until after employees retire which revealed a limited amount of data and This approach failed to account for costs and obligations related to incurred as governments receive employee services each year for which they have promised future retiree health benefit payments in exchange.

GASB Statement 45 requires government entities to report certain information regarding the costs and value of the of future retiree medical obligations as part of its annual financial reporting. In 2015, GASB 75 was issued to replace the previous requirements set forth in GASB 45 to update terminology and provide additional guidelines for both financial reporting and footnote disclosures. GASB 75 requires reporting of the Net OPEB Liability on the balance sheet, expenditures to be reported on the income statement, and footnote disclosures relating to important statistics and calculations used in the reporting of the OPEB Liability. For the City of Livermore this is presented as as a footnote in the Comprehensive Annual Financial Report (CAFR). To comply with GASB Statement 7545 reporting requirement, the City obtains an Actuarial Valuation Report on a bi- annual basis. This detailed report explains the factors and assumptions that are used in calculating the City’s OPEB liability. This includes items such as benefit summary, participant statistics, retirement, mortality, medical trends, and funding policy. It explains the actuarial methods utilized in preparing the report. It provides important information regarding the assets set aside in trust to meet future obligations. It also calculates the prudent annual funding level, called Annual Required Contribution (ARC), ATTACHMENT 1
144
3 as well as the Actuarial Accrued Liability (AAL), and other data necessary to manage this obligation. The annual ARC payment calculations assume the City intends to fund 100% of its OPEB liability through contributions to the City’s OPEB Trust Fund.

Additionally, each bi-annual Actuarial Valuation Report will be presented to Council in open session for discussion and acceptance to communicate the current status of the City’s OPEB obligation.

OPEB ProgramFunding Level. Not making full ARC payments each year adversely impacts the City’s long-term financial stability and threatens its future ability to offer programs and adequate service levels. The City’s OPEB obligations are limited to staff who began employment with the City before certain dates as follows:

 Executive Management – 8/1/2014
 Management and Confidential – 2/1/2006
 ALE – 4/1/2007
 LPOA – 2/1/2007
 Police Management – 9/1/2004

This is known as a closed system with finite benefit obligations. Once the last retiree receiving the medical benefit dies, the program ceases and remaining balances in the OPEB Trust Fund revert to the City. Thus, towards the end of the program, there could be only a few retirees receiving the benefit for which the OPEB Trust Fund has more available than required to meet the obligation. During that time the City would be unable to access those funds for other purposes.

OPEB FUNDING POLICY

To ensure the City does not over-fund its OPEB obligation and have a large balance in its OPEB Trust Fund after the program ceases, the City’s policy is to fund its OPEB liability through the OPEB Trust Fund at no more than 80% by FY 2033-34. Under this OPEB funding policy, the City will likely fund the last 10 to 15 years of benefit payments from the City’s operating budget, when there should be a very small number of retirees all of whom will be on Medicare and therefore a manageable expense.

The City will make full ARC payments as prescribed by the bi-annual Actuarial Valuation Report unless the City experiences severe economic distress. Economic Stress may include, but is not limited to protracted recessionary periods, State raids on local resources, or other impactful unforeseen events which greatly diminish the financial ability of the City to deliver core services. Economic distress is defined further in the City’s Fund Balance Policy and may be determined by one of the following triggers:

• Consumer Price Index exceeds the index for the previous year by more than five percent for two consecutive years

• Local unemployment rate exceeds nine percent for three consecutive quarters ATTACHMENT 1
145
4 • The rate of inflation exceeds the growth in property tax revenue by five percent for two consecutive fiscal years

• Significant State take-away of revenue totaling more than five percent of total revenue in a given fiscal year

• Sales Tax revenue falls by ten percent over of the previous quarter for at least three consecutive quarters

• Revenue forecasts for the next fiscal year estimates revenue losses of more than seven percent

Once the City Council or their designee (City Manager) has determined that it is necessary to underfund the ARC due to economic stress, a resolution shall be adopted at a City Council meeting accompanied by a formal report explaining the nature of the fiscal crisis. Underfunding this obligation should be considered a short term strategy with the goal of returning to paying the full ARC as soon as possible.

Retiree Healthcare Trust Investment Strategy. The funding that is set aside annually into the City’s OPEBRetiree Healthcare Trust Fund is not governed by the City’s adopted investment policy. Since the OPEB Trust Fund investment funding is not intended to be used to meet current obligations, restrictions that are important for the City’s treasury do not apply to the money placed in this trust. Resources deposited into the Retiree Healthcare Trust Fund are not anticipated to be utilized until the year 2038, and therefore investment principles of safety and liquidity relative to the City’s treasury are not necessarily applicable.

A longer investment timeline dictates a strategy of accepting more short termshort-term volatility risk in order toto take advantage of long termlong-term investment returns. As the investment timeline shortens, it is important to the City will shift to an investment away strategyies that maximize returns thatto ensures adequate cash isflows are available to coverfor retiree health benefits.

The OPEB Retiree Healthcare Trust Fund will investments will complyconsistently with all applicable laws and regulations. The investment portfolio will be managed by a professional fund manager, under the direction of the Administrative Services Director in conformance with City goals and policies. The investment portfolio will consist of an appropriate mix of cash, fixed income instruments, and equities which provide a prudent balance between short term volatility risk and long termlong-term investment return risk as determined by the investment timeline.

Since funds currently deposited into the Retiree Healthcare Trust Fund are not anticipated to be used for more than 20 years, the current investment strategy will appropriately seek to maximize long term investment returns with less concern for short term volatility.

ATTACHMENT 1
146
5 Administration. Future policies developed with the goal of managing healthcare obligation should be coordinated and consistent with the purpose and objectives of the City’s OPEB policy.

IMPLEMENTATION

Upon adoption of this policy, the City Council authorizes the Administrative Services Director or designee to establish standards and procedures to implement the City’s OPEB policy. The City Council will periodically review and approve this policy via resolution at a minimum of every four years to ensure itensure ii t meets the current and future needs of the City. Additionally, as part of the City’s bi-annual budget, staff will report on the current status of the City’s OPEB obligation.

ATTACHMENT 1
147
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF
LIVERMORE’S OTHER POST EMPLOYMENT BENEFITS POLICY
On June 23, 2015, City Council adopted Resolution 2015-089 establishing the City of Livermore’s (City) Other Post Employment Benefits (OPEB) policy.

Staff proposed updates to the City’s OPEB Policy to ensure the City does not over-fund its OPEB obligation through the City’s OPEB Trust Fund to help avoid a large remaining balance in the City’s OPEB Trust Fund after the retiree medical program ceases.

The City Council has considered the recommended policy updates.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts the amended Other Post Employment Benefits (OPEB) Policy, attached hereto as Exhibit A, which supersedes and replaces the policy previously approved by Resolution No. 2015-089.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on October 9, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason R. Alcala
Marie Weber Jason Alcala
Deputy City Manager/City Clerk City Attorney
Exhibit A – Amended OPEB Policy
148

OPEB POLICY
A
dopted Resolution No -
xx
P
repared By: Administrative
Services Department

EXHIBIT A
149
2 City of Livermore

OPEB POLICY

OBJECTIVE

PURPOSE

The purpose of this policy is to establish practices that promote transparency, ensure appropriate funding, and communicate the investment philosophy for managing the City’s OPEB obligation.

OVERVIEW

GASB 45. Prior to Governmental Accounting Standards Board Statement 45 (GASB 45), government entities followed a “pay-as-you-go” approach to funding retiree medical expenses. This approach failed to account for obligations related to future retiree health benefit payments.

GASB 45 requires government entities to report certain information regarding the costs of future retiree medical obligations as part of its annual financial reporting. In 2015, GASB 75 was issued to replace the previous requirements set forth in GASB 45 to update terminology and provide additional guidelines for both financial reporting and footnote disclosures. GASB 75 requires reporting of the Net OPEB Liability on the balance sheet, expenditures to be reported on the income statement, and footnote disclosures relating to important statistics and calculations used in the reporting of the OPEB Liability. To comply with GASB 75 reporting requirement, the City obtains an Actuarial Valuation Report on a bi-annual basis. This detailed report explains the factors and assumptions that are used in calculating the City’s OPEB liability. It also calculates the prudent annual funding level, called Annual Required Contribution (ARC), as well as the Actuarial Accrued Liability (AAL), and other data necessary to manage this obligation. The annual ARC payment calculations assume the City intends to fund 100% of its OPEB liability through contributions to the City’s OPEB Trust Fund.

EXHIBIT A
150
3 OPEB Program. The City’s OPEB obligations are limited to staff who began employment with the City before certain dates as follows:

• Executive Management – 8/1/2014
• Management and Confidential – 2/1/2006
• ALE – 4/1/2007
• LPOA – 2/1/2007
• Police Management – 9/1/2004

This is known as a closed system with finite benefit obligations. Once the last retiree receiving the medical benefit dies, the program ceases and remaining balances in the OPEB Trust Fund revert to the City. Thus, towards the end of the program, there cou ld be only a few retirees receiving the benefit for which the OPEB Trust Fund has more available than required to meet the obligation. During that time the City would be unable to access those funds for other purposes.

OPEB FUNDING POLICY

Retiree Healthcare Trust Investment Strategy. The City’s OPEB Trust Fund is not governed by the City’s adopted investment policy. Since the OPEB Trust Fund is not intended to be used to meet current obligations, restrictions that are important for the City’s treasury do not apply to the money placed in this trust.

A longer investment timeline dictates a strategy of accepting more short-term volatility risk to take advantage of long-term investment returns. As the investment timeline shortens, the City will shift to an investment strategy that ensures adequate cash is available to cover retiree health benefits.

The OPEB Trust Fund investments will comply with all applicable laws and regulations.

The investment portfolio will be managed by a professional fund manager, under the direction of the Administrative Services Director in conformance with City goals and policies. The investment portfolio will consist of an appropriate mix of cash, fixed income instruments, and equities which provide a prudent balance between short term volatility risk and long-term investment return risk as determined by the investment timeline.

Administration. Future policies developed with the goal of managing healthcare obligation should be coordinated and consistent with the purpose and objectives of the City’s OPEB policy.

EXHIBIT A
151
4 IMPLEMENTATION

Upon adoption of this policy, the City Council authorizes the Administrative Services Director or designee to establish standards and procedures to implement the City’s OPEB policy. The City Council will periodically review and approve this policy via resolution to ensure iit meets the current and future needs of the City. Additionally, as part of the City’s bi-annual budget, staff will report on the status of the City’s OPEB obligation.

EXHIBIT A
152

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

October
9, 2023
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing participation in the PARS Section 115 Post-Employment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank to help fund the City’s Pension and Other Post Employment Benefits (OPEB)

RECOMMENDED ACTION

Staff recommends that City Council adopt a resolution adopting the PARS Public Agencies Post- Employment Benefits Trust to help fund the City’s Pension and OPEB benefits and appoint the City’s Administrative Services Director as the City’s PARS Plan Administrator that is authorized to execute the PARS legal and administrative documents on behalf of the City.

SUMMARY
The City of Livermore (City) opened a Section 115 Trust (Trust) with PARS in 2010 to prefund OPEB costs and reduce the Unfunded Actuarial Liability (UAL). Since its opening, the City has been able to reduce the UAL from $99 million to $30 million and has $44 million in assets in the Trust as of June 30, 2023.

The City’s Pension CalPERS UAL is approximately $155 million as of the most recent report measurement date of June 30, 2022. The City’s UAL payments are expected to continue to grow through FY 2029-30 then level off until FY 2034-35 when it declines through FY 2045-46 when the City’s UAL is expected to be fully funded.

PARS now offers a Trust which has separate accounts for OPEB and Pension. The current OPEB Trust has earned an annual average return of 7.16% over the last 10 years, which is greater than the City’s return on investments that are currently yielding 2.55% due to the restrictions on investment options by California Government Code. By contributing to the Trust instead of holding the cash in the City’s investments, the City will get better investment returns over the long run.

DISCUSSION
In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Accounting 153
and Financial Reporting for Pensions. GASB 68 requires that governmental employers that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a Net Pension Liability on their balance sheet, which is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 (which replaces the requirements of GASB 27) became effective for fiscal years starting after June 15, 2014.

In 2015, the Government Accounting Standards Board (GASB) issued Statement No. 74 Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans and Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions. GASB 74 and 75 requires that governmental employers that sponsor Defined Benefit plans must recognize a Net OPEB Liability on their balance sheet, which is the difference between the City’s total OPEB liability (actuarial accrued liability) and actual plan assets. GASB 74 and 75 (which replaces the requirements of GASB 45 and 57) became effective for fiscal years starting after June 15, 2016 and June 15, 2017, respectively.

To help public agencies address and manage their Pension and OPEB liabilities, PARS has sought and received approval from the IRS in the form of a Private Letter Ruling on its newly developed Post- Employment Benefits Trust Program. PARS assembled leading professionals to provide the City with the necessary services required under one program to pre-fund both pension and/or OPEB liabilities.

This provides the City with an alternative to CalPERS that allows for greater local control over assets, investment by a professional fund management team selected and monitored by the City, with contributions and distributions from the Trust determined at the discretion of the City.

The program is a multiple employer trust so that public agencies regardless of size can join the program and receive economies of scale to keep administrative fees low and avoid setup costs. The Trust permits the City, under federal and state law, to invest in a more diversified array of investments to maximize investment returns long-term and address the City’s liabilities.

The City can select from five different investment options depending on the level of risk the City is willing to take on in the portfolio. The options and approximate mixes are as follows:

1) Conservative (15% Equity, 80% Fixed Income, 5% Cash) 2) Moderately Conservative (30% Equity & 65% Fixed Income, 5% Cash) 3) Moderate (50% Equity & 45% Fixed Income, 5% Cash) 4) Balanced (60% Equity & 35% Fixed Income, 5% Cash) 5) Capital Appreciation (75% Equity & 20% Fixed Income, 5% Cash)

The City’s current OPEB Trust has its assets in the Capital Appreciation option.

To date, approximately 500 public agencies have adopted Trust programs through PARS to reduce their pension and OPEB liabilities including City of Pleasanton, City of Dublin, City of Orinda, City of San Ramon, City of Pleasant Hill, Town of Moraga, and City of Union City.

Benefits of the PARS Post-Employment Benefits Trust Program to the City include:

• Contributions placed in an OPEB Trust offsets unfunded OPEB liabilities, which reduces Net OPEB Liability.
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• Investment flexibility with Section 115 Trust compared to restrictions on General Fund investments. • Increased risk diversification of plan assets through different asset management • Increased flexibility on use of Trust assets (i.e., Trust assets can be accessed at any time if the assets are used to fund the City’s pension and OPEB obligations and defray reasonable expenses associated therewith)
• Lower investment management and administrative expenses compared to CalPERS Section 115 Pension Trust Program
• Potential for positive rating agency and investor consideration.

PARS has partnered with US Bank to serve as trustee and its sub-adviser HighMark Capital Management, Inc, to provide investment management services for the program.

The City will transfer the existing approximately $44 million assets in the current OPEB Trust to the new Trust and close the current OPEB Trust. Staff proposes to fund the Pension Trust with $6 million from the settlement funds related to business license taxes for which staff will seek an appropriation at the October 23, 2023 City Council meeting. The $6 million will be included in the General Fund operating reserves in the restricted category, after which staff will move $6 million from the operating reserves to capital reserves to be available to fund future capital projects.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no fiscal impact associated with entering into an agreement to join the PARS Section 115 Trust; the ongoing Administrative Fee and Investment Management Fee charged by PARS are paid out of investment assets or earnings. Fund fees are detailed in the fund’s prospectus.

Establishing the Pension Trust will allow the City to earn more on its investments than it otherwise is able to do. Those investment earnings will be used to help fund the City’s unfunded pension liabilities.

COMMUNITY PILLAR
5: A City that Works

GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

3. Exhibit B - Trustee Fee Schedule

4. Exhibit C - IRS Private Letter Ruling (PLR)

Prepared by: David
Doyle
Accounting Supervisor

155
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
156
RESOLUTION NO. ____________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ADOPTION OF THE

PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST

ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) On June 28, 2010, the City of Livermore (the “City”) adopted Resolution No. 2010- 110 to adopt and participate in the Public Agencies Post-Retirement Health Care Plan Trust to prefund the retiree health benefits and other post-employment benefits (OPEB) other than pension benefits.

The Public Agency Retirement Services (PARS) offers a PARS Public Agencies Post-Employment Benefits Trust (the “Program”) that has the purpose of pre-funding pension obligations and OPEB (the “Program”). PARS sought and received approval from the IRS in the form of a Private Letter for the Program, a copy of which is attached to this resolution as Exhibit C.

PARS has made the Program available to cities for the purpose of funding both pension obligations and/or OPEB obligations as specified in the City’s plans, policies and/or applicable collective bargaining agreements. The City is eligible to participate in the Program.

Staff recommended the City Council adopt a resolution superseding Resolution No. 2010-110, and adopting and authorizing the PARS program in place of the Public Agencies Post-Retirement Health Care Plan Trust.

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

1. Adopts the Public Agencies Post-Employment Benefits Trust; and

2. Appoints the Administrative Services Director, or his/her successor or his/her designee as the City’s Plan Administrator for the Program; and

3. Authorizes the City’s Plan Administrator to execute, on behalf of the City, the agreement for administrative services with PARS attached to this Resolution as Exhibit A, and all other legal and administrative documents on behalf of the City to participate on the Program, including the Trustee Fee Schedule attached to this Resolution as Exhibit B, and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program; and

4. Authorizes, in accordance with Section 3.3 of the Public Agencies Post-Retirement Health Care Plan Trust adopted effective June 28, 2010, the withdrawal from said trust and directs the transfer of assets held in said trust to the OPEB Account established in 157
RESOLUTION NO. ____________
the name of the City under the Program, adopted herewith.

5. Authorizes, upon the successful transfer of the assets from the Public Agencies Post-Retirement Health Care Plan Trust to the Program, that Resolution No. 2010-110 will be superseded by this resolution.

On motion of Council Member___________, seconded by Council Member ____________, the foregoing resolution was passed and adopted on October 9, 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 – Agreement
Exhibit B – Trustee Fee Schedule
Exhibit C – IRS Private Letter Ruling (PLR)
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Livermore City CouncilOctober 9, 2023

Livermore City Council
October 9, 2023