Agenda packet — Livermore City Council, May 13, 2024 (part 3 of 3)

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Errors and Omissions:
$1,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

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 DocuSign Envelope ID: E1FFADC6-A0F7-4895-8C89-CB3C7DEBF343

EXHIBIT A
282
Revised 5/1/2018 B5 – 1M E&O

Page 2 ends

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

2. The limits of insurance required in this agreement may be satisfied by a 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: E1FFADC6-A0F7-4895-8C89-CB3C7DEBF343

EXHIBIT A
283

CITY COUNCIL STAFF REPORT
ITEM NO. 5.10

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution authorizing the execution of a purchase order with CDW-G for hardware and remote installation services in an amount not-to-exceed $267,000 to replace the Police Department’s and Library’s primary data storage systems.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with CDW-G in an amount not-to-exceed $267,000 for a hardware and remote installation services purchase to replace the Police Department’s and Library’s primary data storage systems.

SUMMARY
The Police Department’s and Library’s primary data storage systems have reached the end of their useful lives and will no longer be supported by the manufacturer. It is an essential information technology infrastructure component that will be upgraded to a Pure Storage platform.

City staff selected CDW-G to provide the Pure Storage hardware and services through the OMNIA Partners (OMNIA) statewide agreement. The OMNIA agreement is a competitively bid contract that meets the City’s purchasing guidelines. OMNIA agreement prices are pre-negotiated and require providers to match or beat the listed pricing for hardware or installation services.

DISCUSSION
The Police Department’s and Library’s primary data storage systems are at the end of their useful life and are no longer supported by the vendor. Additionally, those systems are based on older technology that relies on physical (electromechanical) hard drives. While this was the standard design in the past, newer solutions rely on a much faster technology using solid-state storage. This type of storage has no moving parts, generates very little heat, and can operate up to 10 times faster than physical hard drives.

The Police Department’s and Library’s primary data storage systems host most of the Police Department’s and Library’s file and application servers. By updating the speed and capability of the 284
underlying storage system, every server will receive an instantaneous upgrade with no additional cost or staff time needed beyond this project.

CDW-G is a reseller of 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 OMNIA. In this case, the vendor provides pricing per the published OMNIA state contract price schedule already accepted by the City’s purchasing policy. As such, staff recommends purchasing the Pure Storage’s storage array from CDW-G.

After reviewing several options, City staff selected Pure Storage to upgrade the existing storage array.

These options included upgrading to a newer version of the current vendor’s platform and reviewing other solid-state array vendor offerings. The differences in cost were minimal, so City staff based their decision on the following factors:

• Performance ratings available on the vendor’s website. • Performance comparisons of solid-state versus electromechanical technologies. • The rating received by the Gartner Magic Quadrant report for primary storage.

FISCAL AND ADMINISTRATIVE IMPACT

The not-to-exceed amount for procurement and deployment of the Police Department’s and Library’s primary data storage system is $267,000, which includes 36 months of maintenance for both systems.

All costs associated with the proposed contract are included in the current Information Technology Division’s budget. Pure Storage includes installation, migration, and ongoing support as part of the City’s maintenance fee.

Staff expects to reduce the total cost of ownership of the Police Department’s and Library’s primary data storage systems and future upgrade costs due to the Evergreen Program, which automatically refreshes the hardware and storage devices as they age at no additional cost to the City. After year three, ongoing costs are expected to be approximately $34,500 per year for both systems. This will significantly reduce the total cost of ownership as there will be no need for a complete replacement of the system in the future, and the hardware will not remain in the City beyond its useful life.

COMMUNITY PILLAR

5: A City That Works

GOAL

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

ATTACHMENTS

1. CDW-G Quotes

2. Resolution

285
Prepared by: Steve Rodriguez
Assistant Administrative Services
Director

QUOTE CONFIRMATION
Thank you for choosing CDW. We have received your quote.

STEVE RODRIGUEZ,
Thank you for considering CDWG for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

For all other customers, click below to convert your quote to an order.

Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NTCS451 2/19/2024 PURE PD - 45TB 2596246 $142,690.04

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
1 7493846 $73,737.00 $73,737.00
36 7493848 $1,650.00 $59,400.00
1 6122627 $1,995.00 $1,995.00
Pure Storage X20R4 Fiber Channel 45TB Flash Array
Mfg. Part#: FA-X20R4-FC-45TB-10X4.5TB
CONTRACT:

National IPA/OMNIA Technology
Solutions # 2018011-01
PURE 1MO EVERGREEN FOREVER SUB
Mfg. Part#: FA-X20R4-45TB, 1MO,PRM,FVR
CONTRACT:

National IPA/OMNIA Technology
Solutions # 2018011-01

PURE STORAGE FLASH ARRAY INSTALL SVC
Mfg. Part#: PS-FLASHARRAY-REMOTE-INSTALL
CONTRACT:

National IPA/OMNIA Technology
Solutions # 2018011-01
Electronic distribution - NO MEDIA
SUBTOTAL $135,132.00
SHIPPING $0.00
SALES TAX $7,558.04
GRAND TOTAL $142,690.04

PURCHASER BILLING INFO DELIVER TO
Billing Address:

CITY OF LIVERMORE

PURCHASING DIVISION/ACCTS PAYABLE
1052 S LIVERMORE AVE
LIVERMORE, CA 94550-4899
Phone: (925) 960-4343
Payment Terms: Net 30 Days-Govt State/Local
Shipping Address:

CITY OF LIVERMORE

STEVE RODRIGUEZ
1052 S LIVERMORE AVE
LIVERMORE, CA 94550-4899
Phone: (925) 960-4343
Shipping Method: DROP SHIP-COMMON CARRIER
Please remit payments to:

ATTACHMENT 1
287
Hardware Software Services IT Solutions Brands Research Hub

QUOTE CONFIRMATION
Thank you for choosing CDW. We have received your quote.

For all other customers, click below to convert your quote to an order.

Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL NTCS570 2/19/2024 PURE LIBRARY - 22TB
(NEW)
2596246 $99,979.69

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
1 7497762 $48,875.00 $48,875.00Pure Storage X20R4 22TB Flash Array Mfg. Part#: FA-X20R4-FC-22TB-10X2.2TB
CONTRACT:

National IPA/OMNIA Technology
Solutions # 2018011-01
36 7498011 $1,225.00 $44,100.00
1 6122627 $1,995.00 $1,995.00
Pure Storage Evergreen Forever Subscription - extended service agreement -
Mfg. Part#: FA-X20R4-22TB, 1MO,PRM,FVR
CONTRACT:

National IPA/OMNIA Technology
Solutions # 2018011-01
Electronic distribution - NO MEDIA

PURE STORAGE FLASH ARRAY INSTALL SVC
Mfg. Part#: PS-FLASHARRAY-REMOTE-INSTALL
CONTRACT:

National IPA/OMNIA Technology
Solutions # 2018011-01
Electronic distribution - NO MEDIA
SUBTOTAL $94,970.00
SHIPPING $0.00
SALES TAX $5,009.69
GRAND TOTAL $99,979.69

PURCHASER BILLING INFO DELIVER TO
Billing Address:

CITY OF LIVERMORE

PURCHASING DIVISION/ACCTS PAYABLE
1052 S LIVERMORE AVE
LIVERMORE, CA 94550-4899
Phone: (925) 960-4343
Payment Terms: Net 30 Days-Govt State/Local
Shipping Address:

CITY OF LIVERMORE

STEVE RODRIGUEZ
1052 S LIVERMORE AVE
LIVERMORE, CA 94550-4899
Phone: (925) 960-4343
Shipping Method: DROP SHIP-COMMON CARRIER
ATTACHMENT 1
288
RESOLUTION NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE

ORDER WITH CDW-G FOR HARDWARE AND REMOTE INSTALLATION
SERVICES IN AN AMOUNT NOT-TO-EXCEED $267,000 TO REPLACE THE POLICE DEPARTMENT’S AND LIBRARY’S PRIMARY DATA

STORAGE SYSTEMS
The Police Department’s and Library’s primary data storage systems are at the end of their useful life and are no longer supported by the vendor. Additionally, those systems are based on older technology that relies on physical (electromechanical) hard drives. While this was the standard design in the past, newer solutions rely on a much faster technology using solid-state storage. This type of storage has no moving parts, generates very little heat, and can operate up to 10 times faster than physical hard drives.

The Police Department’s and Library’s primary data storage systems host most of the Police Department’s and Library’s file and application servers. By updating the speed and capability of the underlying storage system, every server will receive an instantaneous upgrade with no additional cost or staff time needed beyond this project.

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 purchase order with CDW-G in an amount not-to-exceed $267,000.

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 May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti___________ Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
289

CITY COUNCIL STAFF REPORT
ITEM NO. 5.11

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Resolution authorizing execution of a purchase order with 72 Hour LLC DBA National Auto Fleet Group, for six Ford F150 All-Wheel Drive Electric Vehicle (AWD EV) Lightning pickup trucks in an amount not-to-exceed of $451,117.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a purchase order with National Auto Fleet Group in an amount not-to-exceed $451,117 for six 2024 Ford F150 AWD EV Lightning pickup trucks.

SUMMARY
The City of Livermore’s Fleet Policy and the 25-year Fleet Replacement Plan recommend it is time to replace five existing pickups for the Street, Fleet, Water Resources and Landscape Divisions. The five vehicles have reached the end of their 15-year replacement cycle and staff is purchasing an additional vehicle for the restored Public Works Supervisor position. Staff has determined that the unit that best meets the needs to serve Public Works Maintenance Division and the Water Resources Division is the 2024 Ford F150 AWD EV Lightning Pickup Truck. National Auto Fleet Group in Watsonville, CA is the local Sourcewell contractor and the awarded vendor for Sourcewell contract #091521-NAF.

DISCUSSION
The City of Livermore's Fleet Policy guideline recommends replacing pickup trucks after 15 years of use or 100,000 miles. Staff has identified five assets to retire and replace with the Ford F150 AWD EV Lightning pickup truck that will meet the operational needs and fit the criteria specified by the City of Livermore Water Resources and Maintenance Divisions. Staff is purchasing an additional vehicle for the restored Public Works Supervisor position.

By replacing the internal combustion engine vehicles with electric vehicles, staff is following the California Air Resources Board guideline of 50% of all new medium and heavy-duty purchases must meet zero emission standard for 2024 under the Advances Clean Fleets regulation. The City is going in the direction of the California Air Resources regulation that states all new vehicle purchases must meet 290
zero emission standards by 2027. The purchase of these new trucks will help the City comply with these regulations. The new trucks will be utilized in multiple divisions of Public Works by staff in all areas of the City. The purchase of these trucks through a cooperative purchasing agreement will expedite the delivery of the vehicles.

Livermore Municipal Code (LMC) Section 2.68.370 requires competitive bidding for services and supplies exceeding $50,000. However, LMC Section 2.68.390 allows for procurement to be completed without individual bidding when done so through a cooperative purchasing arrangement. This alternate procedure is allowed regardless of whether the City is a named party to the agreement or an actual participant in such a program. The proposed procurement of these replacement pickup trucks uses the Sourcewell public procurement collective. Staff recommends purchasing these Ford F150 AWD EV Lightening pickup trucks utilizing Sourcewell Acceptance and Award contract #091521-NAF.

FISCAL AND ADMINISTRATIVE IMPACTS
The replacement purchase cost of $415,117 for these six Ford F150 EV Pickup Trucks is included in the FY 2023-24 Fleet Internal Service Fund's budget and is identified in the Fleet Master 25-year Replacement plan.

COMM

UNITY PILLAR

1: A City That Works
GOAL
14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Sourcewell Contract 091521-NAF

2. National Auto Fleet Group Quotation

3. Resolution

Prepared by: Scott Kooreman
Public Works Supervisor

CONTRACT
This C
ontract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

ATTACHMENT 1
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091521-NAF

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

ATTACHMENT 1
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091521-NAF

Rev. 3/2021 3

returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

ATTACHMENT 1
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091521-NAF

Rev. 3/2021 4

x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

ATTACHMENT 1
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091521-NAF

Rev. 3/2021 5

contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

ATTACHMENT 1
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091521-NAF

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

ATTACHMENT 1
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091521-NAF

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

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22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group

By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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7KH%LGGHUDFNQRZOHGJHVDQGDJUHHVWKDWWKHDGGHQGXPDGGHQGDEHORZIRUPSDUWRIWKH%LG'RFXPHQW Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE
ORDER WITH 72 HOUR LLC DBA NATIONAL AUTO FLEET GROUP
FOR SIX 2024 FORD F150 ALL WHEEL DRIVE ELECTRIC VEHICLE

LIGHTNING PICKUP TRUCKS IN AN AMOUNT NOT-TO-EXCEED
$451,117
The City of Livermore (“City”) Maintenance and Water Resources Divisions utilize pickup trucks to haul tools and materials to remote work sites, as well as for supervisory tasks. The City’s Fleet Policy currently recommends the replacement of five pickup trucks.

Livermore Municipal Code section 2.68.370 allows for the purchase of equipment with a value greater than $50,000 through a cooperative purchasing arrangement.

Livermore Municipal Code section 2.68.390 identifies specific cooperative purchasing agencies and counties that are pre-approved.
72 Hour LLC, which does business as National Auto Fleet Group, holds a Sourcewell (formerly National Joint Powers Alliance) competitively bid cooperative purchasing contract for passenger cars and light duty pickup trucks, including police vehicles. Livermore Municipal Code section 2.68.390 identifies the National Joint Powers Alliance as an approved cooperative purchasing arrangement.

The City received a quote from National Auto Fleet Group for six 2024 Ford F150 All-Wheel Drive Electric Vehicle Lightning Pickup Trucks in the amount of $451,117. The City will utilize these new vehicles to retire and replace five existing pickup trucks and allocate an additional truck to a restored Public Works Supervisor position.

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

1. Authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with National Auto Fleet Group in an amount not- to-exceed $451,117 for the purchase and delivery of six 2024 Electric Ford F150 All-Wheel Drive Electric Vehicle Lightning Pickup Trucks in accordance with the terms, specifications, and general provisions specified in Sourcewell Contract #091521-NAF and section 2.68.390 of the Livermore Municipal Code.

2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution. 334
RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, 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
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
335

CITY COUNCIL STAFF REPORT
ITEM NO. 5.12

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing execution of a Low-Income For Sale Housing Agreement with DeNova Homes, Inc. for a 172-unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8657), “Triad East/Amarone”.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Low Income For Sale Housing Agreement with DeNova Homes, Inc. for a 172-unit subdivision located at the intersection of North Canyons Parkway and Triad Drive (VTTM 8657) Triad East/Amarone.

SUMMARY
In May 2023, the City Council approved the 172-unit residential “Amarone” subdivision proposed by DeNova Homes, Inc. located at the intersection of North Canyons Parkway and Triad Drive, also known as the “Triad East Site”. In accordance with the City’s Affordable Housing Ordinance, the developer must enter into a Low Income For Sale Housing Agreement with the City and provide 34.4 residential units in the project at affordable prices for sale to median- and moderate-income homebuyers or obtain the City Council’s approval of an alternative. The developer proposes to provide 34 affordable units in the development for sale to median- and moderate-income households, and to provide an In-Lieu fee payment of $90,237 representing 0.4 affordable units in the development, as allowed by the City’s ordinance. Staff recommends approval of this proposal, further described in the Low Income For Sale Housing Agreement, as it will provide affordable first-time homebuyer opportunities, and an In-Lieu fee contribution to the City’s Affordable Housing Trust Fund that will support affordable housing throughout the City.

DISCUSSION
The City’s Affordable Housing Ordinance states that developers completing for-sale residential projects within the City’s Isabel Neighborhood Specific Plan Area (INSP) must satisfy the affordable housing requirement by providing twenty percent (20%) of those units at prices affordable for median- and moderate-income households or provide an equivalent alternative, subject to City Council approval.

Alternative methods of compliance, including payment of an In-Lieu fee, are described in the Ordinance. 336

In June 2021, City Council approved an amendment to the In-Lieu Fee calculation methodology for developments of more than 10 units which bases the fee on the estimated cost of the inclusionary housing requirement for the subject development.

On May 22, 2023, City Council approved the 172-unit “Amarone” residential subdivision proposed by DeNova Homes, Inc. located at the intersection of North Canyons Parkway and Triad Drive (the “Development”). As a Condition of Approval, in accordance with the City’s Affordable Housing ordinance, the developer must enter into a Low Income For Sale Housing Agreement with the City to fulfill the Inclusionary Housing requirement. The development is subject to an affordability requirement of 34.4 units for sale to median- and moderate-income first-time homebuyers. The developer proposes to provide 34 affordable units on-site as required by the City’s Affordable Homeownership Program and to pay an equivalent In-Lieu Fee of $90,237 for the remaining 0.4 affordable units, as allowed under the ordinance.

In accordance with the updated fee methodology, the proposed fee was calculated based on a review of comparable home sales. As described in the Low Income For Sale Housing Agreement, the fee is calculated as the difference between the average affordable sales price of a 2-bedroom median- and moderate-income home, and the estimated market sales price of a 2-bedroom home in the subject development, based on current comparable units.

Staff recommends approval of the proposal as it meets the requirements of the City’s Affordable Housing ordinance, advances City Council’s affordable housing goals and meets the City’s Strategic Plan Community Pillar of providing a Safe Community that Thrives. The on-site affordable units priced at median- and moderate-income levels will serve a range of low- to moderate-income homebuyers with the assistance of other County and State Down Payment Assistance funds to support purchases. Prices for the affordable units will be determined in accordance with the established sales prices adopted by the City for the Affordable Homeownership Program at the time of sale.

The affordable units would be marketed throughout the community, and the applicant selection process would prioritize applicants that meet City Council’s established preferences, including Livermore residents and workers, Livermore Valley Joint Unified School District teachers, first responders, tenants of affordable rental units regulated by the City and veterans. All purchasers must meet the City’s Affordable Homeownership Program qualifying criteria, including first-time homebuyer qualification, a minimum 660 credit score, determination of creditworthiness, and a three percent (3%) down payment requirement. Buyers will be required to enter into a resale restriction agreement with the City along with a promissory note and recorded deed of trust which reflect the affordability subsidy amount (e.g., difference between the market value and the affordable sales price).

In addition, the project will make a fee payment for the fractional 0.4 affordable unit which will be contributed to the City’s Affordable Housing Trust, serving the housing needs of low- and very low- income families, seniors and unhoused individuals.

FISCAL AND ADMINISTRATIVE IMPACTS

If approved, the Low Income For Sale Housing Agreement (LIHA) will provide 34 affordable units for sale to median- and moderate-income homebuyers and an additional fee payment of $90,237 to the City’s Low Income Housing Fund which could be accessed for other housing purposes and goals of the City. 337
Upon sale of the affordable units, the City will hold a promissory note secured by a recorded deed of trust with the homebuyer in an amount that is the difference between the market rate appraised value of the home and the affordable for sale price at the time of sale. The promissory notes require no payment and may transfer to a new eligible buyer at resale. If the unit is sold at a market rate-unrestricted price to an ineligible buyer, the City collects the amount of the promissory note and all restrictions terminate on the unit.

The City will also receive an administrative fee of one and a half percent (1.5%) of the affordable sales price. The developer will pay this fee at close of escrow. The fee will be used to defray the City’s marketing, application, selection and homebuyer education costs as well as to monitor resale restriction agreements and comply with all federal and state fair housing laws and regulations.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

7: Expand and preserve the supply of affordable housing opportunities.

ATTACHMENTS

1. Resolution

2. Exhibit A - Low Income Housing Agreement DeNova

Prepared by: Fran Reisner
Housing and Human Services
Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF A LOW-INCOME
FOR SALE HOUSING AGREEMENT WITH DENOVA HOMES, INC. FOR
A 172-UNIT RESIDENTIAL SUBDIVISION LOCATED AT THE

INTERSECTION OF NORTH CANYONS PARKWAY AND TRIAD DRIVE
DeNova Homes, Inc. (“the Developer”) proposed Amarone, a 172-unit residential subdivision at the intersection of North Canyons Parkway and Triad Drive (VTTM 8657) (“the Development”), also known as the Triad East site.

On May 22, 2023, the City Council approved the Development, subject to the Conditions of Approval, which included compliance with all applicable City laws and ordinances. The Developer now desires to meet its inclusionary housing requirement for the Development by entering into a Low-Income For Sale Housing Agreement (“Agreement”) with the City of Livermore. The Development would be subject to the twenty percent (20%) inclusionary requirement for the Isabel Neighborhood Specific Plan Area (INSP) whereby 34.4 units in the Development are required to be provided as affordable for purchase by median- and moderate-income homebuyers in the Development.

In accordance with the City of Livermore’s Inclusionary Housing Ordinance (Livermore Development Code section 10.06.050), the Developer proposed to satisfy the twenty percent (20%) affordable housing requirement for the Development by providing 34 units for sale in the Development at prices that are affordable to median- and moderate-income households and through payment of an In-Lieu fee of $90,237 to the City of Livermore’s Housing Trust Fund (F611) as the equivalent of the remaining 0.4 affordable units required. This proposal for satisfaction of the inclusionary housing requirement is reflected in the Low-Income For Sale Housing Agreement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to sign on behalf of the City of Livermore the Low-Income For Sale Housing Agreement with DeNova Homes, Inc., for a 172-unit subdivision, attached hereto as Exhibit A, and all related and necessary documents.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
339
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Low Income For Sale Housing Agreement with DeNova Homes, Inc. 340

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.13

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution adding Traffic Operation Center Upgrade, Project 2023-28 to the 2023-2028 Capital Improvement Plan, authorizing reallocations of Gas Taxes in the amount of $260,000 in FY 2023-24, approving an exception to the Livermore Municipal Code bidding requirements, and authorizing issuance of a purchase order in an amount not-to- exceed $240,000 for Novani, LLC to upgrade the Traffic Operation Center Hardware as part of the Traffic Operation Center Upgrade Project 2023-28.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:
1 .

Adding Traffic Operation Center Upgrade Project 2023-28 to the 2023-2028 Capital Improvement Plan,
2 .

Reallocating $200,000 in Gas Taxes from the FY 2023-24 budget of Bluebell Dr. Bridge Repair at Altamont Creek Project 2017-21 to the FY 2023-24 budget of Traffic Operation Center Upgrade Project 2023-28.
3 .

Reallocating $60,000 in Gas Tax from the FY 2023-24 budget of Bridge Rehabilitation Project 2022-19 to the FY 2023-24 budget of Traffic Operation Center Upgrade Project 2023-28. 4 .

Approving an exception to the bidding requirement contained in Livermore Municipal Code Section

2.68.370.B.2 because the supplies and equipment are unique and available from one source so there is no competitive advantage to be gained by inviting bids; and 5 .

Authorizing the City Manager to execute a purchase order in an amount not-to exceed $240,000 for Novani, LLC to upgrade Livermore Traffic Operation Center hardware as part of the Traffic Operation Center Upgrade Project 2023-28.

SUMMARY
To support the updated software used in the City of Livermore (City) Traffic Operations Center (TOC) including the Advanced Traffic Management System (ATMS) and future technologies, staff recommends creating and funding a new project to upgrade hardware.

Novani, LLC installed the ATMS and TOC in 2001 and has been providing technical support to Livermore 388
since that time. They perform their work efficiently and promptly, providing valued support. Using services from Novani to upgrade the TOC hardware will increase efficiency and minimize project soft costs. Staff recommends the City Council approve a sole source purchase of hardware and hardware implementation from Novani, LLC to upgrade the TOC hardware.

DISCUSSION
In 2001, the City of Livermore (City)’s Advanced Traffic Management System (ATMS) and the Traffic Operation Center (TOC) were installed as part of the Project 1991-44, a federally funded I-580 Smart Corridors Project. Since the system was installed, the ATMS software has constantly been updated; however, the hardware, including the server, workstations, etc., have exceeded their useful life, and need to be upgraded to support the latest ATMS software and future technologies, including Connected Vehicles.

Novani, LLC was selected as the vendor for the I-580 Smart Corridor Project in 2001. Since the system was installed, Novani, LLC has been the only on-call vendor to provide technical support to staff for the ATMS system and the TOC. Throughout the years, Novani, LLC has provided high quality technical support with both their industry and local expertise and rapid and professional responsiveness to the city.

Using services from Novani, LLC to upgrade the TOC hardware will increase efficiency and minimize project soft costs.

Section 2.68.370.B.2 of the Livermore Municipal Code provides exceptions to the bidding procedure where it is determined that the supplies and equipment are unique or available only from one source so that there is no competitive advantage to be gained by soliciting bids.

FISCAL AND ADMINISTRATIVE IMPACTS

The new Traffic Operation Center Upgrade Project 2023-28 requires supplemental appropriations of Gas Taxes (Fund 650) in the amount of $260,000 in Fiscal Year 2023-2024, to cover a purchase order for Novani, LLC in the not-to-exceed amount of $240,000, and project management. Staff proposes reallocating unused Gas Taxes (Fund 650) from two projects to fully fund the purchase order with Novani, LLC and associated project management costs. The table below summarizes the proposed Gas Taxes (Fund 650) reallocations:

Project
FY23-24 (Current)
FY23-24 (Proposed)

Gas Tax Fund 650
Gas Tax Fund 650
Traffic Operation Center Upgrade Project
2023-28
$0
$260,000
Bluebell Dr Bridge Repair at Altamont Creek
Project 2017-21
$250,000
$50,000
Bridge Rehabilitation Project 2022-19
$100,000
$40,000
Total
$350,000
$350,000

The hardware upgrades in the traffic operation center will not increase operating and maintenance costs.

COMMUNITY PILLAR
1: A Safe Community That Thrives
389

GOAL CATEGORY
10: Work to maintain a safe and efficient local transportation network and address safety concerns.

ATTACHMENTS

1. Project Location Map

2. CIP Book Page

3. Resolution

Prepared by: Joanna Liu
Senior Transportation Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
390
ATTACHMENT 1
391
Traffic Control
Project #202328
Traffic Operation Center Upgrade
Project Description
The project will upgrade Advanced Traffic Management System hardware in the Livermore Traffic Opertion Center, including but not limited to the server and workstations, which have exceeded their useful life. The project will also upgrade the Traffic Operation Center including replacing the old projector with a large LED screen.

Project Justification
The Advanced Traffic Management System was installed in the Livermore Traffic Operation Center in 2001.

While the software has been consistently updated as needed, project will allow the City's Advanced Traffic Management System to continue operating smoothly and be able to suport future technologies such as Connected Vehicles.

Project Funding
Gas Taxes - Fund 650
O&M Cost Assumptions
The upgrades to the Traffic Operations Center will not increase operating and maintenance costs.

Funding Source and Budgeted Expenditures - Project #202328 - Traffic Operation Center Upgrade ATTACHMENT 2
392
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADDING TRAFFIC OPERATION CENTER UPGRADE TO THE 2023-2028

CAPITAL IMPROVEMENT PLAN, AUTHORIZING REALLOCATIONS OF GAS TAXES (FUND 650) IN THE AMOUNT OF $260,000 IN FISCAL YEAR 2023-24, APPROVING AN EXCEPTION

TO THE LIVERMORE MUNICIPAL CODE BIDDING REQUIREMENTS, AND AUTHORIZING ISSUANCE OF A PURCHASE ORDER IN AN AMOUNT NOT-TO-EXCEED $240,000 FOR

NOVANI, LLC TO UPGRADE THE TRAFFIC OPERATION CENTER HARDWARE (Traffic Operation Center Upgrade Project 2023-28)
To support the updated software used in the Livermore Traffic Operation Center (TOC), including the Advanced Traffic Management System (ATMS) and future technologies, City of Livermore (City) staff recommends creating and funding a new project to upgrade hardware in the Livermore Traffic Operation Center (TOC).

Novani, LLC installed the Livermore ATMS and TOC in 2001 and has been providing technical support to staff ever since. They perform their work efficiently and promptly providing value support. Using service from Novani, LLC to upgrade the TOC hardware will increase efficiency and minimize project soft cost. City Staff recommends the City Council approve a sole source purchase of hardware and hardware implementation from Novani, LLC to upgrade the TOC hardware.

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

1. Approves adding Traffic Operation Center Upgrade Project 2023-28 to the 2023- 2028 Capital Improvement Plan;

2. Authorizes reallocating $200,000 in Gas Taxes (Fund 650) from the Fiscal Year 2023-24 budget of Bluebell Dr. Bridge Repair at Altamont Creek Project 2017-21 to the Fiscal Year 2023-24 budget of Traffic Operation Center Upgrade Project 2023-28;

3. Authorizes reallocating $60,000 in Gas Taxes (Fund 650) from the Fiscal Year 2023-24 budget of Bridge Rehabilitation Project 2022-19 to the Fiscal Year 2023- 24 budget of Traffic Operation Center Upgrade Project 2023-28;

4. Approves an exception to the bidding requirement contained in Livermore Municipal Code Section 2.68.370.B.2 because the supplies and equipment are unique and available from one source so there is no competitive advantage to be gained by inviting bids; and

5. Authorizes the City Manager to execute a Purchase Order, in an amount not-to exceed $240,000, for Novani, LLC to upgrade Livermore Traffic Operation Center hardware as part of the Traffic Operation Center Upgrade Project 2023-28. 393
RESOLUTION NO. ________
On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti ___________ Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
394

CITY COUNCIL STAFF REPORT
ITEM NO. 5.14

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Assistant City Manager
SUBJECT:

Resolution authorizing reallocations of Measure BB Local Streets and Roads in the amount of $540,000 in FY 2024-25 to Traffic Signal Modification 2019-2021 Project 2019-33 and authorizing an agreement with DC Electric Group, Inc., in an amount not-to- exceed $460,000, to replace six traffic signal controller cabinet assemblies as part of the Traffic Signal Modification 2019-2021 Project 2019-33.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:

1 .

Reallocating $240,000 in Measure BB Local Streets and Roads Fund 688 from the FY 2023-24 budget of Traffic Signal Modification 2019-2021 Project 2019-33 to FY 2024-25; 2 .

Reallocating $300,000 in Measure BB Local Streets and Roads Fund 688 from the FY 2023-24 budget of East Avenue Corridor ATP Implementation Project 2022-22 to the FY 2024-25 budget of Traffic Signal Modification 2019-2021 Project 2019-33; and 3 .

Authorizing the City Manager to execute an agreement with DC Electric Group, Inc., in an amount not-to-exceed $460,000, to replace six traffic signal controller cabinet assemblies as part of Traffic Signal Modification 2019-2021 Project 2019-33.

SUMMARY
The Traffic Signal Modification 2019-2021 Project 2019-33 will replace traffic signal controller cabinet assemblies at the six locations shown in Attachment 1. In order to complete this work, a total of $540,000 of Measure BB Local Streets and Road Fund 688 needs to be reallocated to this project in Fiscal Year 2024-25. Staff recommends hiring DC Electric Group, the 2023 Request for Proposals top ranked contractor, to replace the traffic signal controller cabinets.

DISCUSSION
There are a total of 112 signalized intersections in Livermore, a majority of which were constructed between 1970 and 1990. Maintenance of the controller cabinets has increased at the following six intersections and replacing them will prevent unanticipated malfunctions:
395

• Greenville Road / Las Positas Road
• Olivina Avenue-Chestnut Street / N. P Street
• E. Stanley Boulevard / Railroad Avenue
• E. Stanley Boulevard / Fenton Street
• E. Stanley Boulevard / Wall Street
• N. Canyons Parkway / Triad Place

Staff from the Maintenance Division of the Public Works Department issued a Request for Proposals on April 19, 2023, soliciting proposals from qualified contractors to provide streetlight and traffic signal maintenance and repair services, and utilized a multi-step process to determine which company represented the best value as defined by Livermore Municipal Code (LMC) 2.68.040. Four service providers responded with responsive proposals. All four proposers showed sufficient relevant experience in order to successfully complete the desired scope of work. Staff recommended DC Electric Group, Inc. as the best value.

Staff negotiated a scope of work and fee with the top ranked contractor, DC Electric Group, Inc., to replace the six signal controller cabinets assemblies listed above. DC Electric provides industry and local expertise and they have demonstrated rapid and professional responsiveness on similar projects with the City. They perform their work efficiently and promptly providing value to field and administrative staff.

Therefore, staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement, in the amount of $460,000, with DC Electric Group, Inc, for the Traffic Signal Modification 2019-2021 Project 2019-33.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for the Traffic Modification 2019-2021 Project 2019-33 is included in the 2023-2028 Capital Improvement Program with $410,000 of Measure BB Local Streets and Road Fund 688 in Fiscal Year 2023-24. Based on the current schedule, most of this work will be completed in Fiscal Year 2024-25.

Staff recommends reallocating $240,000 of the budget for this project in Fiscal Year 2023-24 to Fiscal Year 2024-25. An additional $300,000 in Fiscal Year 2024-25 will be required to complete all of the work.

Staff recommends reallocating $300,000 in unused Measure BB Local Streets and Roads (Fund 688) from the East Avenue Corridor ATP Implementation Project 2022-22 to the Traffic Modification 2019- 2021 Project 2019-33 to fully fund the improvements. The proposed total project budget of $710,000 ($170,000 in Fiscal Year 2023-24 and $540,000 in Fiscal Year 2024-25) covers this $460,000 agreement with DC Electric, a purchase order in an amount not to exceed $120,000 for six cabinet assemblies, construction contingencies, project management, and inspection.

The table below summarizes the proposed Measure BB Local Streets and Road Fund 688 reallocations:

Project
FY23-24
(Existing)
FY23-24
(Proposed)
FY24-25
(Existing)
FY24-25
(Proposed)

Measure BB
Fund 688
Measure BB
Fund 688
Measure BB
Fund 688
Measure BB
Fund 688
Traffic Signal Modification 2019-2021
Project 2019-33
$410,000
$170,000
$0
$540,000
396
East Ave Corridor ATP Implementation
Project 2022-22
$500,000
$200,000
$600,000
$600,000
Total
$910,000
$370,000
$600,000
$1,140,000

Replacing controller cabinet assemblies will not increase operating and maintenance costs.

COMMUNITY PILLAR
1: A Safe Community that Thrives.

GOAL CATEGORY
10: Work to maintain a safe and efficient local transportation network and address safety concerns.

ATTACHMENTS

1. Site Locations

2. Resolution

3. Exhibit A - Agreement

Prepared by: Joanna Liu
Senior Transportation Engineer

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING REALLOCATIONS OF MEASURE BB LOCAL STREETS AND ROADS (FUND 688) IN THE AMOUNT OF $540,000 IN FISCAL YEAR 2024-25 TO TRAFFIC

SIGNAL MODIFICATION PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DC ELECTRIC GROUP, INC., IN AN AMOUNT NOT-TO-EXCEED $460,000, FOR REPLACING SIX TRAFFIC SIGNAL CONTROLLER CABINET ASSEMBLIES (Traffic Signal Modification 2019-2021 Project 2019-33) The Traffic Signal Modification 2019-2021 Project 2019-33 will replace six traffic signal controller cabinet assemblies at the following six locations:
• Greenville Road / Las Positas Road
• Olivina Avenue-Chestnut Street / N P Street
• E Stanley Boulevard / Railroad Avenue
• E Stanley Boulevard / Fenton Street
• E Stanley Boulevard / Wall Street
• N Canyons Parkway / Triad Place
In order to complete this work, a total of $540,000 of Measure BB Local Streets and Road Fund 688 needs to be reallocated to this project in Fiscal Year 2024-25. Staff recommends hiring DC Electric Group, the 2023 Request for Proposals top ranked contractor, to replace the traffic signal controller cabinets.

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

1. Reallocates $240,000 in Measure BB Local Streets and Roads Fund 688 from the Fiscal Year 2023-24 budget of Traffic Signal Modification 2019-2021 Project 2019- 33 to the Fiscal Year 2024-25 budget of Traffic Signal Modification 2019-2021 Project 2019-33.

2. Reallocates $300,000 in Measure BB Local Streets and Roads Fund 688 from the Fiscal Year 2023-24 budget of East Avenue Corridor ATP Implementation Project 2022-22 to the Fiscal Year 2024-25 budget of Traffic Signal Modification 2019- 2021 Project 2019-33.

3. Authorizes the City Manager to execute an agreement with DC Electric Group, Inc., attached hereto as Exhibit A, and incorporated by this reference, in an amount not-to-exceed $460,000, to replace six traffic signal controller cabinet assemblies as part of the Traffic Signal Modification 2019-2021 Project 2019-33.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
399
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti ___________ Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
Exhibit A – Agreement with D.C. Electric Group, Inc.
400
Agreement for Services
Rev. 09/19/23

AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of , 2024, by and between the City of Livermore (“City”), a municipal corporation, and DC Electric Group, Inc.
(“Contractor ”), a California corporation.

RECITALS
City requires services to replace the existing traffic signal controller cabinet assemblies with low -voltage Advanced Transportation Controller (ATC) cabinet assemblies at six locations for the Traffic Signal Modifications 2019- 2021 Project (CIP 201933).

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

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

AGREEMENT
NOW, THEREFORE, City and Contractor hereby agr ee that t he 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 replace the existing trafffic signal controller cabinet assemblies with low- voltage Advanced Transportation Controller (ATC) cabinet assemblies at six locations as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(a) Diligen
tly perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Prov
ide the resources necessary to complete the Services in a timely manner;
(c) Obtai
n a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

EXHIBIT A

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401
Agreement for Services
Rev. 09/19/23
(d) O
btain and keep in effect all necessary licenses , permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
(e) Com
ply with all laws in effect that are related to Contractor and the Services; (f) C
oordinate the Services with Joanna Liu (“Project Manager”), or such other person designated as the Project Manager by City;
(g) Be av
ailable to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (h) On
ly invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep an
d maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

Contractor shall make the i nvoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them at City’s place of business during normal business hours. Contractor shall give City 30 calendar-days’ written notice prior to destroying the invoices and records and allow City an opportunity to take possession. If City wants them, Contractor and City shall coordinate their delivery to City in the most efficient manner possible;
(j) 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) Cont
ractor shall correct, at its own expense, all errors in the S ervices.

Should Contractor fail to make such correction in a timely manner, City may make the correction and charge the cost thereof to Contractor;
(l) If
applicable, Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages. If applicable, Contractor shall comply with all prevailing wage laws, such as sections 1773, 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the California Labor Code and any other applicable wage and hour law. If any violation of prevailing wage law associated with this Agreement is deemed to have occurred by any court or administrative authority, Contractor shall forfeit to the City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the applicable prevailing rates for any work done to accomplish the purposes of this Agreement; and,
DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

EXHIBIT A

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402
Agreement for Services
Rev. 09/19/23
(m) C
ontractor’s services provided pursuant to this Agreement shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as applicable regulations and guidelines issued pursuant to the ADA.

5. Compensation and Payment.
(a) The to
tal compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $ 460,000 ( "not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor ’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any -and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.
(b) City
shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.

6. Term. The term of this Agreement commences on May 13, 2024, and terminates upon the completion of the Services or June 30, 2025, whichever occurs first.

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

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

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

10. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor ’s employees who require access to the information to perform the S ervices. This obligation shall survive DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

EXHIBIT A

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403
Agreement for Services Page 4
Rev. 09/19/23
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, Contractor 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 Contractor’s performance of the services contemplated by this Agreement, or in connection with Contractor ’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. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor 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. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City. (a) Modi
fication for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modi
fication for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’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 assumption 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 DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

EXHIBIT A

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404
Agreement for Services
Rev. 09/19/23
fi
nancial 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.

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:

DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

EXHIBIT A

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405
Agreement for Services
Rev. 09/19/23
TO C
ITY: Attention: Joanna Liu
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550

TO CONT
RACTOR: Attention: John Abraham
DC Electric Group, Inc.

PO Box 7525
Cotati, CA 94931

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: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

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406
Agreement for Services
Rev. 09/19/23
In c
oncurrence 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.

Dated:
_____________________
______
Dated:
___________________________
CONTRACTOR:
____________________________
By: John Abraham
Title: Regional
Manager
CITY OF LIVERMORE:
___________________________
Marianna Marysheva
City M
anager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City
Attorney
APPROVED AS TO INSURANCE:
___________________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B
– Insurance Requirements
DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863 4/10/2024 | 3:25 PM PDT

EXHIBIT A

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407

EXHIBI
T A
Scope of Services
CIP 201933 – Traffic Signal Modifications 2019-2021

1. UNDERSTANDING
The project will replace the existing traffic signal controller cabinet assemblies with low- voltage CUBIC Trafficware Advanced Transportation Controller (ATC) cabinet assemblies at:
• Greenvi
lle Road / Las Positas Road
• Olivina Avenue-Chestnut Street / N P Street
• E Stanley Boulevard / Railroad Avenue
• E Stanley Boulevard / Fenton Street
• E Stanley Boulevard / Wall Street
• N Canyons Parkway / Triad Place
The work
will also include installing new cabinet foundation, concrete maintenance pads and retaining walls, and possibly trenching and boiling.

2. SCOPE OF SERVICES
The scope of services shall include and not be limited to:

2.1 Greenville Road / Las Positas Road
• Furnish and install new III-AF Service Pedestal w/maint pad • Pull new signal wire using Caltrans cable for entire intersection 14/12c to all mast arm poles, 14/9c to all 1B poles and 14/3c to all PPBs per conduit schedule • Replace (42) Vehicle LED’s and (4) Pedestrian LED’s with 48VDC LEDs • Replace Existing TS cabinet with City furnished ATC cabinet

2.2 Oli
vina Avenue-Chestnut Street / N P Street
• Furnish and install new III-AF Service Pedestal w/maint pad • Excavate and pour new cabinet foundation w/maint pad, trench and install conduits, replace existing pull box with new N36, demo old foundation • Pull new signal wire using Caltrans cable for entire intersection 14/12c to all mast arm poles, 14/9c to all 1B poles and 14/3c to all PPBs per conduit schedule • Replace (2) PV signal heads & framework, (10) 8” signal heads & framework and (3) 14” ped heads & framework to accommodate 48VDC LEDs • Replace all (50) Vehicle LED’s and (8) Pedestrian LED’s with 48VDC LEDs (assumes PV and 8” heads are replaced)
• Replace Existing TS cabinet with City furnished ATC cabinet

2.3 E St
anley Boulevard / Railroad Avenue
• Excavate and pour new cabinet foundation w/maint pad, trench and install conduits, demo old foundation
• Pull new signal wire using Caltrans cable for entire intersection 14/12c to all mast arm poles, 14/9c to all 1B poles and 14/3c to all PPBs per conduit schedule • Replace all (52) Vehicle LED’s and (8) Pedestrian LED’s with 48VDC LEDs… DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

EXHIBIT A

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408

• Replac
e (2) existing PV heads and framework with standard 12” signal heads to accommodate 48VDC LED’s
• Replace Existing TS cabinet with City furnished ATC cabinet

2.4 E St
anley Boulevard / Fenton Street
• Excavate and pour new cabinet foundation w/maint pad, trench and install conduits, demo old foundation Pull new signal wire using Caltrans cable for entire intersection 14/12c to all mast arm poles, 14/9c to all 1B poles and 14/3c to all PPBs per conduit schedule
• Replace all (54) Vehicle LED’s and (8) pedestrian LED’s with 48VDC LEDs • Replace (1) existing PV heads with standard 12” signal head to accommodate 48VDC LEDs
• Replace Existing TS cabinet with City furnished ATC cabinet

2.5 E S
tanley Boulevard / Wall Street
• Excavate, build retaining wall 7’ x 4’ and pour concrete maintenance pad behind existing cabinet foundation
• Pull new signal wire using Caltrans cable for entire intersection 14/12c to all mast arm poles, 14/9c to all 1B poles and 14/3c to all PPBs per conduit schedule • Replace all (43) Vehicle LED’s and (8) Pedestrian LED’s with 48VDC LEDs • Replace Existing TS cabinet with City furnished ATC cabinet

2.6 N C
anyons Parkway / Triad Place
• Excavate and pour new cabinet foundation trench and install conduits, demo old foundation, build retaining wall 12’ x 6’ to encompass service and new cabinet, pour concrete maintenance pad 12’ x 6’
• Pull new signal wire using Caltrans cable for entire intersection 14/12c to all mast arm poles, 14/9c to all 1B poles and 14/3c to all PPBs per conduit schedule • Replace all (60) Vehicle LED’s and (8) Pedestrian LED’s with 48VDC LEDs • Replace Existing TS cabinet with City furnished ATC cabinet

3. GENERAL REQUIREMENTS

3.1 The Contractor shall identify the Project Manager who will function as the main point of contact. It is expected that the concrete cutting team proposed under this agreement will remain unchanged throughout the duration of the term of the Agreement, unless requested by the City. Replacement of key staff without consultation with the City will not be permitted.

3.2 The Contractor shall provide staff with relevant experience with concrete cutting jobs.

3.3 All individuals working on this job must be full -time employees of Contractor 's company and covered by the company with the necessary Worker's compensation insurance, as required by the Contractor’s State License Board and the State of California.

4. LICENSE AND REGISTRATION REQUIREMENTS

4.1 License – Contractor shall possess a valid California contractor’s license for the following classification: Class C -10 OR Class A. Additionally, the Contractor representative in charge on site shall possess an IMSA certification –Level 2 (Field DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

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Tech) o
r Journeyman Electrician certification with at least 3 years’ experience in the traffic signal technology. If the Contractor subcontracts the concrete work and/or traffic control work, subcontractor shall possess a valid California Class C-8 contractor’s license for concrete work, and C-31 contractor’s license for traffic control for the duration of the project.

4.2 All Contractors and sub contractors must be registered with the State of California Department of Industrial Relations (DIR). The registration form is located on the DIR's website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.

4.3 Contractor shall obtain City of Livermore’s business license.

4.4 Performance, Payment, and Warranty Bonds – The Contractor will be required to provide performance and payment bonds each in the amount of 100% of the Contract Price and a Warranty Bond in the amount of 15% of the Contract Price.

4.5 Prevailing Wage Requirements - This concrete cutting service is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. The agreement will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, under Labor Code, Section 1771.4. The prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

5. HOURS OF WORK

5.1 Operation of noise producing equipment, as specified in Chapter 9.36 of the Livermore Municipal Code, is prohibited between the hours of 6:00 p.m. Saturday to 7:00 a.m. Monday; 8:00 p.m. to 7:00 a.m. on Monday, Tuesday, Wednesday, and Thursday; 8:00 p.m. Friday to 9:00 a.m. on Saturday, and on all City observed Holidays.

5.2 Lane closures are not anticipated for the cabinet replacement work. If necessary, the city will review request from the contractor for temporary lane closures to perform work.

5.3 All legal holidays are observed as nonworking hours.

5.4 Should the Contractor choose to work on a Saturday, Sunday, City Holidays or on a holiday recognized by the labor unions, the Contractor shall reimburse the City of Livermore the actual cost of engineering, inspection, testing, superintendent, and/or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required.

6. PROSECUTION OF WORK

6.1 Contractor shall diligently prosecute work and only shall start work that can be completed that same day.

6.2 Contractor shall maintain the site safe at all times. The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access to work areas by the public.

DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

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6.3 Wor
k shall be performed in an orderly manner with minimum disturbance and inconvenience to the public. The Contractor shall confine and limit its personnel to only those areas required in performing the work.

6.4 All traffic control devices required must comply with CAMUTCD 2014, revision 6 requirements and latest amendments.

6.5 Contractor will be responsible for removal and proper disposal of all waste materials and surplus items prior to leaving the site each day.

6.6 Contractor shall obtain a no cost Encroachment Permit from the city. Prior to obtaining the encroachment permit, the Contractor must submit the proposed traffic control plans. Work can only start after the Engineer approves the traffic control plans and issues the encroachment permit.

7. COORDINATION OF WORK AND PUBLIC SAFETY

7.1 Contractor shall always allow for safe passage to all pedestrians within the construction zone area. If a sidewalk, driveway etc., is closed due to construction activity, the Contractor shall place Sidewalk Closed and one -way arrow signs on Type II barricades at the nearest intersection/ crosswalks.

7.2 Contractor shall always keep the work area safe and clean to protect the public.

Repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.

7.3 If the Contractor damages any property adjacent to his work , the Contractor shall be required to repair all damages to the property owner's expectations at no additional costs to the City.

8. INVOICES

8.1 Contractor is required to provide weekly certified payrolls. One hard copy and one email copy must be sent to the city.

8.2 Monthly invoice will not be processed if the weekly certified payrolls are not submitted to the city.

8.3 Contractor must provide proof that all concrete and debris is disposed or recycled in a proper, environmentally safe manner. Construction demolition Recycling Report within 14 days of project completion and include receipts and/or weight tags at no additional costs to the city.

8.4 The Contractor shall only invoice for work completed in place.

9. AMERICANS WITH DISABILITIES ACT

9.1 Contractor must guarantee specified repair slope (1:10, 1:12 based upon requirements outlined by the Americans with Disabilities Act) is achieved for any sidewalk replacement. If defined slope is not achieved, Contractor must repair to specification at no additional charge within 24 hours of discovery.

10. BEST MANAGEMENT PRACTICES

10.1 Dust shall be collected using a high- powered vacuum dust control system, eliminating most of the dust from entering into the atmosphere. The system requires multiple heads for the high capacity vacuum, and a controlled filtration system that will eliminate dust from entering the atmosphere. The suction device shall be DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

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attached
to the hand- held electrically powered cutting equipment to assure that all dust be collected before it’s released into the atmosphere. No water - cooling is allowed, as it creates slurry and contaminates storm drains, possibly causing excessive environmental impact

10.2 Contractor shall implement Best Management Practices and implement Erosion and Sediment Control measures.

10.3 Contractor shall adhere to all clean water regulations and exercise best management practices.

11. SPECIFICATIONS
See City of Livermore Standard Specification Section 344100.

12. COMPENSATION

ITEM WORK DESCRIPTION UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL
PRICE
1 Install City Furnished ATC Cabinet EA 6 $5,900.00 $35,400.00 2 Install New Concrete Cabinet Foundation 48"
x 32"
EA 4 $14,071.00 $56,284.00
3 Furnish and Install New Type III-AF Service
Cabinet and Foundation
EA 2 $12,884.00 $25,768.00
4 Pull New Intersection Wiring to Mast Arm
Poles - Caltrans 14/12c cable
LF 3800 $9.50 $36,100.00
5 Pull New Intersection Wiring to Mast Arm
Poles - Caltrans 14/9c cable
LF 4125 $9.10 $37,537.50
6 Pull New Intersection Wiring to Mast Arm
Poles - Caltrans 14/3c cable
LF 6330 $4.30 $27,219.00
7 Replace Vehicle LED with new 48VDC LED EA 304 $177.00 $53,808.00 8 Replace Pedestrian LED with new 48VDC
LED
EA 40 $325.00 $13,000.00
9 Replace Vehicle Signal Head and Framework
with New 12" vehicle Signal Head and
Framework
EA 15
$1,624.00 $24,360.00
10 Replace 14" Pedestrian Signal Head and
Framework with New 16" Pedestrian Signal
Head and Framework
EA 3
$1,050.00 $3,150.00
11 Install Retroreflective Tape on Existing
Vehicle Signal Head Backplate
EA 87 $57.00 $4,959.00
12 Pull New Video Detection Camera Wiring and
Terminate (per camera)
EA 4 $1,142.00 $4,568.00
13 Install Retaining Wall for Maintenance Pad LF 45 $692.00 $31,140.00 14 Pour Concrete Maintenance Pad SQ/FT 100 $202.00 $20,200.00 15 Install New N36 Pull Box EA 3 $832.00 $2,496.00
16 Demo Old Cabinet Foundation Below Grade EA 4 $3,234.00 $12,936.00 17 Mobilization EA 1 $6,714.00 $6,714.00
TOTAL $395,639.50
DocuSign Envelope ID: C6D706C1-E5E0-4C9C-BF9E-E687BFE22863

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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:
$5,000,000 per occurrence/$10,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability:
$2,000,000 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.

Revised 9/21/2015 B4 – 5M

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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.

Revised 9/21/2015 B4 – 5M

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414

CITY COUNCIL STAFF REPORT
ITEM NO. 5.15

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution amending the City of Livermore Salary Plan dated May 2024 to reflect an MOU adjustment for the Livermore Police Officers Association in accordance with California Code of Regulations, Title 2, Section 570.5 and assigning new Class Code numbers to all Job Classifications in connection with the implementation of the new payroll system.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution amending the City of Livermore Salary Plan dated May 2024 to reflect an MOU adjustment for the Livermore Police Officers Association and assigning new Class Code numbers to all Job Classifications in connection with the implementation of the new payroll system.

SUMMARY
Staff recommends the following changes to the Salary Plan:

1 .

Amend the Livermore Police Officers Association Salary Plan to incorporate a 4% salary increase effective May 6, 2024; and
2 .

Assigning new Class Code numbers to all Job Classifications in connection with the implementation of the new payroll system.

DISCUSSION

1. On April 26, 2021, the City Council adopted a successor MOU with the Livermore Police Officers Association. The Memorandum of Understanding provides for a base salary increase of 4% effective May 6, 2024.

2. The City recently implemented a new payroll system. In building the system, new four-digit class code numbers were created for all job classifications in the City. The numbers were assigned by bargaining unit and are reflected in the updated salary plan.

415

FISCAL AND ADMINISTRATIVE IMPACTS

The 4% wage increase was included in the FY 2024-25 adopted budget.

COMMUNITY PILLAR

5: A City that Works

GOAL

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

ATTACHMENTS

1. Resolution

2. Exhibit A - Salary Plan May 2024

Prepared by: Kaylin Larson
HR Analyst II

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AMENDING THE CITY OF LIVERMORE SALARY
PLAN DATED MAY 2024 TO REFLECT AN MOU ADJUSTMENT, IN

ACCORDANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE
2, SECTION 570.5, AND ASSIGNING NEW CLASS CODE NUMBERS

TO ALL JOB CLASSIFICATIONS
The proposed City of Livermore Salary Plan, attached hereto as Exhibit A, is intended to make the following amendments:
 Incorporate wage related adjustments for the Livermore Police Officers Association effective May 6, 2024, as approved in the Memorandum of Understanding (MOU);
 Assign new Class Code numbers to all Job Classifications NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that, in accordance with California Code of Regulations, Title 2, Section 570.5, it hereby approves the amended Salary Plan dated May 2024, attached hereto as Exhibit A, to modify the Livermore Police Officer Association Salary Schedule, effective May 6, 2024, and to assign new Class Code numbers to all Job Classifications.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, 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
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Salary Plan dated May 2024
417
Sal
ary
Plan
May
2024

EXHIBIT A
418
CLASS

CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
4001 ACCOUNT CLERK 66,819.84 70,054.84 73,441.56 76,997.62 80,731.49 5,568.32 5,837.90 6,120.13 6,416.47 6,727.62
1,285.00 1,347.21 1,412.34 1,480.72 1,552.53

32.12492 33.68021 35.30844 37.01809 38.81322
4000 ACCOUNT CLERK, JUNIOR 60,576.07 63,488.86 66,547.28 69,758.63 73,130.53 5,048.01 5,290.74 5,545.61 5,813.22 6,094.21
1,164.92 1,220.94 1,279.76 1,341.51 1,406.36

29.12311 30.52349 31.99388 33.53780 35.15891
4002 ACCOUNT CLERK, SENIOR 72,677.86 76,195.73 79,889.49 83,767.95 87,840.33 6,056.49 6,349.64 6,657.46 6,980.66 7,320.03
1,397.65 1,465.30 1,536.34 1,610.92 1,689.24

34.94128 36.63256 38.40841 40.27305 42.23093
4020 ACCOUNTANT, JUNIOR 86,792.41 91,054.48 95,529.67 100,228.61 105,162.51 7,232.70 7,587.87 7,960.81 8,352.38 8,763.54
1,669.08 1,751.05 1,837.11 1,927.47 2,022.36

41.72712 43.77619 45.92773 48.18683 50.55890
4010 ACCOUNTING TECHNICIAN 77,171.53 80,914.10 84,843.78 88,969.95 93,302.44 6,430.96 6,742.84 7,070.32 7,414.16 7,775.20
1,484.07 1,556.04 1,631.61 1,710.96 1,794.28

37.10170 38.90101 40.79028 42.77401 44.85694
4030 ADMINISTRATIVE 80,842.05 84,768.14 88,890.52 93,219.04 97,763.97 ASSISTANT 6,736.84 7,064.01 7,407.54 7,768.25 8,147.00
1,554.65 1,630.16 1,709.43 1,792.67 1,880.08

38.86637 40.75391 42.73583 44.81685 47.00191
4052 ADMINISTRATIVE CLERK I 60,576.11 63,488.90 66,547.33 69,758.67 73,130.58 5,048.01 5,290.74 5,545.61 5,813.22 6,094.22
1,164.93 1,220.94 1,279.76 1,341.51 1,406.36

29.12313 30.52351 31.99391 33.53782 35.15893
4051 ADMINISTRATIVE CLERK II 64,925.25 68,055.49 71,342.24 74,793.35 78,416.99 5,410.44 5,671.29 5,945.19 6,232.78 6,534.75
1,248.56 1,308.76 1,371.97 1,438.33 1,508.02

31.21406 32.71899 34.29915 35.95834 37.70048
4040 ADMINISTRATIVE 80,842.05 84,768.14 88,890.52 93,219.04 97,763.97 TECHNICIAN 6,736.84 7,064.01 7,407.54 7,768.25 8,147.00 1,554.65 1,630.16 1,709.43 1,792.67 1,880.08

38.86637 40.75391 42.73583 44.81685 47.00191
5000 AIRPORT SERVICE 70,739.04 74,159.99 77,751.97 81,523.55 85,483.71 ATTENDANT 5,894.92 6,180.00 6,479.33 6,793.63 7,123.64
1,360.37 1,426.15 1,495.23 1,567.76 1,643.92

34.00915 35.65384 37.38075 39.19401 41.09794
5001 AIRPORT SERVICE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 ATTENDANT SENIOR 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES

EXHIBIT A
419
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4060 ANIMAL CONTROL 80,206.76 84,101.09 88,190.12 92,483.60 96,991.75 OFFICER 6,683.90 7,008.42 7,349.18 7,706.97 8,082.65
1,542.44 1,617.33 1,695.96 1,778.53 1,865.23

38.56094 40.43322 42.39910 44.46327 46.63065
5010 ASSET MANAGEMENT 108,017.74 113,302.62 118,851.73 124,678.30 130,796.19 SPECIALIST 9,001.48 9,441.89 9,904.31 10,389.86 10,899.68 2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93161 54.47241 57.14025 59.94149 62.88278
4130 BUILDING INSPECTOR I 94,998.40 99,632.31 104,497.90 109,606.78 114,971.10 7,916.53 8,302.69 8,708.16 9,133.90 9,580.93
1,826.89 1,916.01 2,009.58 2,107.82 2,210.98

45.67231 47.90015 50.23938 52.69557 55.27457
4131 BUILDING INSPECTOR II 102,077.46 107,065.32 112,302.57 117,801.68 123,575.74 8,506.46 8,922.11 9,358.55 9,816.81 10,297.98
1,963.03 2,058.95 2,159.66 2,265.42 2,376.46

49.07570 51.47371 53.99162 56.63542 59.41141
4132 BUILDING INSPECTOR III 105,063.34 110,200.49 115,594.49 121,258.19 127,205.08 8,755.28 9,183.37 9,632.87 10,104.85 10,600.42
2,020.45 2,119.24 2,222.97 2,331.89 2,446.25

50.51122 52.98100 55.57427 58.29721 61.15629
4133 BUILDING INSPECTOR, 110,200.49 115,594.49 121,258.19 127,205.08 133,449.32 SENIOR 9,183.37 9,632.87 10,104.85 10,600.42 11,120.78
2,119.24 2,222.97 2,331.89 2,446.25 2,566.33

52.98100 55.57427 58.29721 61.15629 64.15833
4093 CIVIL ENGINEER, 113,280.25 118,828.25 124,653.63 130,770.30 137,192.81 ASSISTANT 9,440.02 9,902.35 10,387.80 10,897.53 11,432.73 2,178.47 2,285.16 2,397.19 2,514.81 2,638.32

54.46166 57.12897 59.92963 62.87034 65.95808
4100 CIVIL ENGINEER, 122,668.21 128,685.61 135,003.88 141,638.06 148,603.95 ASSOCIATE 10,222.35 10,723.80 11,250.32 11,803.17 12,383.66 2,359.00 2,474.72 2,596.23 2,723.81 2,857.77

58.97510 61.86808 64.90571 68.09522 71.44421
4091 CIVIL ENGINEER, JUNIOR 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04
1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
4140 COMMUNITY 70,824.73 74,249.94 77,846.44 81,622.74 85,587.87 SERVICE SPECIALIST 5,902.06 6,187.50 6,487.20 6,801.90 7,132.32 1,362.01 1,427.88 1,497.05 1,569.67 1,645.92

34.05035 35.69709 37.42617 39.24170 41.14801
4141 COMMUNITY 73,934.02 77,630.72 81,512.26 85,587.87 89,867.26 SERVICE SPECIALIST II 6,161.17 6,469.23 6,792.69 7,132.32 7,488.94 1,421.81 1,492.90 1,567.54 1,645.92 1,728.22

35.54520 37.32246 39.18859 41.14801 43.20541

EXHIBIT A
420
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4150 CRIME & INTELLIGENCE 92,146.03 96,637.32 101,353.16 106,304.81 111,504.03 ANALYST 7,678.84 8,053.11 8,446.10 8,858.73 9,292.00
1,772.04 1,858.41 1,949.10 2,044.32 2,144.31

44.30098 46.46025 48.72748 51.10808 53.60771
4160 CRIME PREVENTION 76,419.34 80,124.29 84,014.48 88,099.19 92,388.13 SPECIALIST 6,368.28 6,677.02 7,001.21 7,341.60 7,699.01 1,469.60 1,540.85 1,615.66 1,694.22 1,776.69

36.74007 38.52129 40.39158 42.35538 44.41737
4170 CRISIS INTERVENTION 97,854.20 102,708.03 107,804.57 113,155.93 118,774.86 SPECIALIST 8,154.52 8,559.00 8,983.71 9,429.66 9,897.91 1,881.81 1,975.15 2,073.16 2,176.08 2,284.13

47.04529 49.37886 51.82912 54.40189 57.10330
4050 DIVISION CLERK 68,410.33 71,714.84 75,184.57 78,827.77 82,653.16 5,700.86 5,976.24 6,265.38 6,568.98 6,887.76
1,315.58 1,379.13 1,445.86 1,515.92 1,589.48

32.88958 34.47829 36.14643 37.89797 39.73710
4180 ECONOMIC DEVELOPMENT 88,694.16 93,012.86 97,547.50 102,308.85 107,308.26 SPECIALIST 7,391.18 7,751.07 8,128.96 8,525.74 8,942.36 1,705.66 1,788.71 1,875.91 1,967.48 2,063.62

42.64142 44.71772 46.89784 49.18695 51.59051
5090 ELECTRICIAN 95,136.49 99,815.77 104,729.03 109,887.93 115,304.79 7,928.04 8,317.98 8,727.42 9,157.33 9,608.73
1,829.55 1,919.53 2,014.02 2,113.23 2,217.40

45.73870 47.98835 50.35050 52.83074 55.43500
4092 ENGINEER, ASSISTANT 108,017.73 113,302.61 118,851.72 124,678.29 130,796.18 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47241 57.14025 59.94149 62.88278
4090 ENGINEER, JUNIOR 95,014.74 99,649.48 104,515.92 109,625.70 114,990.97 7,917.90 8,304.12 8,709.66 9,135.48 9,582.58
1,827.21 1,916.34 2,009.92 2,108.19 2,211.36

45.68016 47.90840 50.24804 52.70466 55.28412
4080 ENGINEERING SPECIALIST 108,017.73 113,302.61 118,851.72 124,678.29 130,796.18 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47241 57.14025 59.94149 62.88278
4070 ENGINEERING 92,947.14 97,478.47 102,236.38 107,232.19 112,477.78 TECHNICIAN, ASSIST 7,745.60 8,123.21 8,519.70 8,936.02 9,373.15 1,787.45 1,874.59 1,966.08 2,062.16 2,163.03

44.68613 46.86465 49.15211 51.55394 54.07586
4071 ENGINEERING 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 TECHNICIAN, ASSOC 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04 1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254

EXHIBIT A
421
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4072 ENGINEERING 103,509.58 108,569.05 113,881.48 119,459.54 125,316.50 TECHNICIAN, SENIOR 8,625.80 9,047.42 9,490.12 9,954.96 10,443.04 1,990.57 2,087.87 2,190.03 2,297.30 2,409.93

49.76422 52.19666 54.75071 57.43247 60.24832
5030 FACILITIES MAINTENANCE 60,247.85 63,144.22 66,185.42 69,378.67 72,731.59 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97
1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
5031 FACILITIES MAINTENANCE 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 WORKER I 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47
1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
5032 FACILITIES MAINTENANCE 72,289.11 75,787.55 79,460.91 83,317.95 87,367.82 WORKER II 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65
1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43632 38.20236 40.05671 42.00376
5033 FACILITIES MAINTENANCE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 WORKER, SENIOR 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
5034 FACILITIES MAINTENANCE 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 WORKER, SUPERVISING 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
4190 FAMILY THERAPIST 93,505.05 98,064.29 102,851.49 107,878.04 113,155.93 7,792.09 8,172.02 8,570.96 8,989.84 9,429.66
1,798.17 1,885.85 1,977.91 2,074.58 2,176.08

44.95435 47.14629 49.44783 51.86444 54.40189
5040 FLEET SERVICES WORKER 60,247.89 63,144.27 66,185.47 69,378.72 72,731.64 5,020.66 5,262.02 5,515.46 5,781.56 6,060.97
1,158.61 1,214.31 1,272.80 1,334.21 1,398.69

28.96533 30.35782 31.81994 33.35515 34.96713
4200 GIS SPECIALIST 108,017.73 113,302.59 118,851.71 124,678.28 130,796.17 9,001.48 9,441.88 9,904.31 10,389.86 10,899.68
2,077.26 2,178.90 2,285.61 2,397.66 2,515.31

51.93160 54.47240 57.14025 59.94148 62.88277
5050 GROUNDSKEEPER 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97
1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
5051 GROUNDSKEEPER I 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47
1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427

EXHIBIT A
422
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5052 GROUNDSKEEPER II 72,289.11 75,787.56 79,460.91 83,317.95 87,367.82 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65
1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43633 38.20236 40.05671 42.00376
5053 GROUNDSKEEPER III 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96
1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
5055 GROUNDSKEEPER, 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 SUPERVISING 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
4210 INFORMATION 80,654.75 84,609.95 88,762.91 93,123.52 97,702.15 TECHNOLOGY TECHNICIAN 6,721.23 7,050.83 7,396.91 7,760.29 8,141.85 1,551.05 1,627.11 1,706.98 1,790.84 1,878.89

38.77632 40.67786 42.67448 44.77092 46.97219
4211 INFORMATION TECHNOLOGY 88,499.94 92,847.39 97,412.22 102,205.29 107,238.01 TECHNICIAN, SENIOR 7,375.00 7,737.28 8,117.69 8,517.11 8,936.50 1,701.92 1,785.53 1,873.31 1,965.49 2,062.27

42.54805 44.63817 46.83280 49.13716 51.55674
5054 LANDSCAPE MAINTENANCE 81,112.97 85,052.59 89,189.20 93,532.64 98,093.25 SPECIALIST 6,759.41 7,087.72 7,432.43 7,794.39 8,174.44 1,559.86 1,635.63 1,715.18 1,798.70 1,886.41

38.99662 40.89067 42.87942 44.96762 47.16022
4230 LIBRARIAN I 73,089.45 76,627.91 80,343.28 84,244.43 88,340.63 6,090.79 6,385.66 6,695.27 7,020.37 7,361.72
1,405.57 1,473.61 1,545.06 1,620.09 1,698.86

35.13916 36.84034 38.62658 40.50213 42.47146
4231 LIBRARIAN II 80,998.52 84,932.43 89,063.03 93,400.16 97,954.15 6,749.88 7,077.70 7,421.92 7,783.35 8,162.85
1,557.66 1,633.32 1,712.75 1,796.16 1,883.73

38.94160 40.83290 42.81876 44.90392 47.09334
4221 LIBRARY ASSISTANT 68,828.76 72,154.18 75,645.87 79,312.15 83,161.75 5,735.73 6,012.85 6,303.82 6,609.35 6,930.15
1,323.63 1,387.58 1,454.73 1,525.23 1,599.26

33.09075 34.68951 36.36821 38.13084 39.98161
4222 LIBRARY ASSISTANT, 77,171.53 80,914.10 84,843.78 88,969.95 93,302.44 SUPERVISING 6,430.96 6,742.84 7,070.32 7,414.16 7,775.20 1,484.07 1,556.04 1,631.61 1,710.96 1,794.28

37.10170 38.90101 40.79028 42.77401 44.85694
4220 LIBRARY CLERK 60,576.11 63,488.90 66,547.33 69,758.67 73,130.58 5,048.01 5,290.74 5,545.61 5,813.22 6,094.22
1,164.93 1,220.94 1,279.76 1,341.51 1,406.36

29.12313 30.52351 31.99391 33.53782 35.15893

EXHIBIT A
423
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5060 MAINTENANCE 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97
1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
5061 MAINTENANCE 67,430.13 70,685.61 74,103.86 77,693.04 81,461.68 WORKER I 5,619.18 5,890.47 6,175.32 6,474.42 6,788.47
1,296.73 1,359.34 1,425.07 1,494.10 1,566.57

32.41833 33.98347 35.62686 37.35242 39.16427
5062 MAINTENANCE 72,289.11 75,787.55 79,460.91 83,317.95 87,367.82 WORKER II 6,024.09 6,315.63 6,621.74 6,943.16 7,280.65
1,390.18 1,457.45 1,528.09 1,602.27 1,680.15

34.75438 36.43632 38.20236 40.05671 42.00376
5063 MAINTENANCE 75,875.80 79,553.58 83,415.24 87,469.99 91,727.48 WORKER III 6,322.98 6,629.47 6,951.27 7,289.17 7,643.96 1,459.15 1,529.88 1,604.14 1,682.12 1,763.99

36.47875 38.24691 40.10348 42.05288 44.09975
5070 MECHANIC 83,676.63 87,744.45 92,015.64 96,500.41 101,209.42 6,973.05 7,312.04 7,667.97 8,041.70 8,434.12
1,609.17 1,687.39 1,769.53 1,855.78 1,946.34

40.22915 42.18483 44.23829 46.39443 48.65838
5071 MECHANIC SENIOR 90,843.18 95,269.32 99,916.76 104,796.59 109,920.41 7,570.27 7,939.11 8,326.40 8,733.05 9,160.03
1,746.98 1,832.10 1,921.48 2,015.32 2,113.85

43.67461 45.80256 48.03690 50.38298 52.84635
4240 NEIGHBORHOOD 99,649.46 104,515.91 109,625.69 114,990.96 120,624.49 PRESERVATION OFFICER 8,304.12 8,709.66 9,135.47 9,582.58 10,052.04 1,916.34 2,009.92 2,108.19 2,211.36 2,319.70

47.90839 50.24803 52.70466 55.28412 57.99254
5020 PARTS AND INVENTORY 70,559.98 73,971.95 77,554.53 81,316.24 85,266.04 CONTROL WORKER 5,880.00 6,164.33 6,462.88 6,776.35 7,105.50 1,356.92 1,422.54 1,491.43 1,563.77 1,639.73

33.92307 35.56344 37.28583 39.09435 40.99329
4250 PERMIT TECHNICIAN 71,853.77 75,330.44 78,980.95 82,813.98 86,838.67 5,987.81 6,277.54 6,581.75 6,901.17 7,236.56
1,381.80 1,448.66 1,518.86 1,592.58 1,669.97

34.54508 36.21656 37.97161 39.81441 41.74936
4251 PERMIT TECHNICIAN II 76,721.09 80,441.12 84,347.17 88,448.50 92,754.90 6,393.42 6,703.43 7,028.93 7,370.71 7,729.58
1,475.41 1,546.94 1,622.06 1,700.93 1,783.75

36.88514 38.67362 40.55152 42.52332 44.59370
4260 PLAN CHECK ENGINEER 122,565.32 128,577.57 134,890.42 141,518.94 148,478.88 10,213.78 10,714.80 11,240.87 11,793.25 12,373.24
2,357.03 2,472.65 2,594.05 2,721.52 2,855.36

58.92563 61.81614 64.85116 68.03795 71.38408

EXHIBIT A
424
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4120 PLANNER, ASSISTANT 99,348.37 104,199.78 109,293.75 114,642.43 120,258.52 8,279.03 8,683.32 9,107.81 9,553.54 10,021.54
1,910.55 2,003.84 2,101.80 2,204.66 2,312.66

47.76364 50.09605 52.54507 55.11655 57.81660
4121 PLANNER, ASSOCIATE 114,642.43 120,258.52 126,155.43 132,347.19 138,848.53 9,553.54 10,021.54 10,512.95 11,028.93 11,570.71
2,204.66 2,312.66 2,426.07 2,545.14 2,670.16

55.11655 57.81660 60.65165 63.62846 66.75410
4122 PLANNER, SENIOR 120,258.55 126,155.45 132,347.21 138,848.55 145,674.96 10,021.55 10,512.95 11,028.93 11,570.71 12,139.58
2,312.66 2,426.07 2,545.14 2,670.16 2,801.44

57.81661 60.65166 63.62847 66.75411 70.03604
4270 POLICE CLERK 66,569.99 69,782.46 73,155.58 76,697.35 80,416.19 5,547.50 5,815.21 6,096.30 6,391.45 6,701.35
1,280.19 1,341.97 1,406.84 1,474.95 1,546.47

32.00480 33.54926 35.17095 36.87373 38.66163
4271 POLICE CLERK, 69,782.54 73,155.65 76,697.42 80,416.26 84,321.07 SENIOR 5,815.21 6,096.30 6,391.45 6,701.36 7,026.76
1,341.97 1,406.84 1,474.95 1,546.47 1,621.56

33.54930 35.17099 36.87376 38.66166 40.53898
4272 POLICE CLERK, 82,386.88 86,390.21 90,593.70 95,007.38 99,641.73 SUPERVISING 6,865.57 7,199.18 7,549.48 7,917.28 8,303.48 1,584.36 1,661.35 1,742.19 1,827.07 1,916.19

39.60908 41.53375 43.55466 45.67663 47.90468
4280 POLICE IDENTIFICATION 83,941.57 88,022.62 92,307.74 96,807.11 101,531.46 TECHNICIAN 6,995.13 7,335.22 7,692.31 8,067.26 8,460.96 1,614.26 1,692.74 1,775.15 1,861.68 1,952.53

40.35652 42.31857 44.37872 46.54188 48.81320
4290 PROPERTY AND EVIDENCE 70,824.73 74,249.94 77,846.44 81,622.74 85,587.87 SPECIALIST 5,902.06 6,187.50 6,487.20 6,801.90 7,132.32 1,362.01 1,427.88 1,497.05 1,569.67 1,645.92

34.05035 35.69709 37.42617 39.24170 41.14801
4291 PROPERTY AND EVIDENCE 80,054.86 83,941.59 88,022.64 92,307.76 96,807.13 SPECIALIST, SUPERVISING 6,671.24 6,995.13 7,335.22 7,692.31 8,067.26 1,539.52 1,614.26 1,692.74 1,775.15 1,861.68

38.48791 40.35653 42.31858 44.37873 46.54189
4300 PUBLIC SAFETY 82,386.88 86,390.21 90,593.70 95,007.38 99,641.73 DISPATCHER 6,865.57 7,199.18 7,549.48 7,917.28 8,303.48 1,584.36 1,661.35 1,742.19 1,827.07 1,916.19

39.60908 41.53375 43.55466 45.67663 47.90468
4301 PUBLIC SAFETY 86,390.17 90,593.66 95,007.33 99,641.69 104,507.76 DISPATCHER, SENIOR 7,199.18 7,549.47 7,917.28 8,303.47 8,708.98 1,661.35 1,742.19 1,827.06 1,916.19 2,009.76

41.53374 43.55464 45.67660 47.90466 50.24412

EXHIBIT A
425
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4302 PUBLIC SAFETY 95,060.69 99,697.72 104,566.58 109,678.90 115,046.82 DISPATCHER, SUPERVISING 7,921.72 8,308.14 8,713.88 9,139.91 9,587.24 1,828.09 1,917.26 2,010.90 2,109.21 2,212.44

45.70225 47.93160 50.27239 52.73024 55.31097
4310 PURCHASING SPECIALIST, 86,517.46 90,843.33 95,385.50 100,154.77 105,162.51 SUPERVISING 7,209.79 7,570.28 7,948.79 8,346.23 8,763.54 1,663.80 1,746.99 1,834.34 1,926.05 2,022.36

41.59493 43.67468 45.85841 48.15133 50.55890
4320 RECYCLING SPECIALIST 88,694.15 93,012.84 97,547.48 102,308.83 107,308.24 7,391.18 7,751.07 8,128.96 8,525.74 8,942.35
1,705.66 1,788.71 1,875.91 1,967.48 2,063.62

42.64142 44.71771 46.89783 49.18694 51.59050
5081 TRAFFIC SIGNAL 73,126.04 76,666.33 80,383.63 84,286.80 88,385.12 TECHNICIAN TRAINEE 6,093.84 6,388.86 6,698.64 7,023.90 7,365.43 1,406.27 1,474.35 1,545.84 1,620.90 1,699.71

35.15675 36.85881 38.64598 40.52250 42.49285
5080 TRAFFIC SIGNAL 78,082.45 81,870.55 85,848.08 90,024.46 94,409.68 TECHNICIAN 6,506.87 6,822.55 7,154.01 7,502.04 7,867.47 1,501.59 1,574.43 1,650.92 1,731.24 1,815.57

37.53964 39.36084 41.27312 43.28099 45.38927
5082 TRAFFIC SIGNAL 85,349.29 89,500.73 93,859.75 98,436.73 103,242.55 TECHNICIAN, SENIOR 7,112.44 7,458.39 7,821.65 8,203.06 8,603.55 1,641.33 1,721.17 1,805.00 1,893.01 1,985.43

41.03331 43.02920 45.12488 47.32535 49.63584
4110 TRANSPORTATION 122,668.21 128,685.61 135,003.88 141,638.06 148,603.95 ENGINEER, ASSOCIATE 10,222.35 10,723.80 11,250.32 11,803.17 12,383.66 2,359.00 2,474.72 2,596.23 2,723.81 2,857.77

58.97510 61.86808 64.90571 68.09522 71.44421
5150 WASTEWATER COLLECTIONS 60,247.85 63,144.22 66,185.41 69,378.66 72,731.58 SYSTEMS TRAINEE 5,020.65 5,262.02 5,515.45 5,781.56 6,060.97 1,158.61 1,214.31 1,272.80 1,334.21 1,398.68

28.96531 30.35780 31.81991 33.35513 34.96711
5151 WASTEWATER COLLECTIONS 69,594.68 72,996.87 76,569.18 80,320.10 84,258.56 SYSTEMS WORKER I 5,799.56 6,083.07 6,380.77 6,693.34 7,021.55 1,338.36 1,403.79 1,472.48 1,544.62 1,620.36

33.45898 35.09465 36.81211 38.61543 40.50892
5152 WASTEWATER COLLECTIONS 76,388.79 80,130.69 84,059.69 88,185.13 92,516.85 SYSTEMS WORKER II 6,365.73 6,677.56 7,004.97 7,348.76 7,709.74 1,469.02 1,540.97 1,616.53 1,695.87 1,779.17

36.72538 38.52437 40.41331 42.39670 44.47925
5153 WASTEWATER COLLECTIONS 83,900.11 88,017.58 92,340.92 96,880.43 101,646.90 SYSTEMS WORKER III 6,991.68 7,334.80 7,695.08 8,073.37 8,470.58 1,613.46 1,692.65 1,775.79 1,863.09 1,954.75

40.33659 42.31614 44.39467 46.57713 48.86870

EXHIBIT A
426
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5160 WATER DISTRIBUTION 64,302.75 67,401.88 70,655.96 74,072.74 77,660.37 OPERATOR TRAINEE 5,358.56 5,616.82 5,888.00 6,172.73 6,471.70 1,236.59 1,296.19 1,358.77 1,424.48 1,493.47

30.91478 32.40475 33.96921 35.61189 37.33672
5161 WATER DISTRIBUTION 71,988.60 75,472.00 79,129.58 82,970.05 87,002.53 OPERATOR I 5,999.05 6,289.33 6,594.13 6,914.17 7,250.21 1,384.40 1,451.38 1,521.72 1,595.58 1,673.13

34.60990 36.28462 38.04307 39.88945 41.82814
5162 WATER DISTRIBUTION 82,438.82 86,444.75 90,650.97 95,067.50 99,704.85 OPERATOR II 6,869.90 7,203.73 7,554.25 7,922.29 8,308.74 1,585.36 1,662.40 1,743.29 1,828.22 1,917.40

39.63405 41.55998 43.58220 45.70553 47.93502
5163 WATER DISTRIBUTION 88,848.28 93,174.67 97,717.40 102,487.26 107,495.59 OPERATOR III 7,404.02 7,764.56 8,143.12 8,540.61 8,957.97 1,708.62 1,791.82 1,879.18 1,970.91 2,067.22

42.71552 44.79551 46.97952 49.27272 51.68057
5164 WATER DISTRIBUTION 93,174.69 97,717.42 102,487.28 107,495.61 112,754.39 SENIOR OPERATOR 7,764.56 8,143.12 8,540.61 8,957.97 9,396.20 1,791.82 1,879.18 1,970.91 2,067.22 2,168.35

44.79552 46.97953 49.27273 51.68058 54.20884
5165 WATER DISTRIBUTION 102,260.14 107,257.14 112,503.97 118,013.15 123,797.80 SUPERVISING OPERATOR 8,521.68 8,938.10 9,375.33 9,834.43 10,316.48 1,966.54 2,062.64 2,163.54 2,269.48 2,380.73

49.16353 51.56593 54.08845 56.73709 59.51817
5170 WATER RESOURCES 96,076.78 100,803.07 105,765.69 110,976.43 116,447.72 COORDINATOR 8,006.40 8,400.26 8,813.81 9,248.04 9,703.98 1,847.63 1,938.52 2,033.96 2,134.16 2,239.38

46.19076 48.46301 50.84889 53.35405 55.98448
5171 WATER RESOURCES 99,815.77 104,729.03 109,887.93 115,304.79 120,992.50 COORDINATOR - ELECTRICAL & 8,317.98 8,727.42 9,157.33 9,608.73 10,082.71 INSTRUMENTATION 1,919.53 2,014.02 2,113.23 2,217.40 2,326.78

47.98835 50.35050 52.83074 55.43500 58.16947
5100 WR INSTRUMENT 90,803.82 95,266.47 99,952.26 104,872.33 110,038.40 CONTROL TECHNICIAN 7,566.99 7,938.87 8,329.36 8,739.36 9,169.87 1,746.23 1,832.05 1,922.16 2,016.78 2,116.12

43.65568 45.80119 48.05397 50.41939 52.90308
5110 WR LABORATORY 86,768.80 91,029.71 95,503.66 100,201.29 105,133.82 TECHNICIAN 7,230.73 7,585.81 7,958.64 8,350.11 8,761.15 1,668.63 1,750.57 1,836.61 1,926.95 2,021.80

41.71577 43.76428 45.91522 48.17370 50.54511
5120 WR MECHANIC I 81,088.31 85,103.86 89,320.19 93,747.33 98,395.83 6,757.36 7,091.99 7,443.35 7,812.28 8,199.65
1,559.39 1,636.61 1,717.70 1,802.83 1,892.23

38.98476 40.91532 42.94240 45.07083 47.30569

EXHIBIT A
427
CLASS

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

CITY OF LIVERMORE

ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/09/2023
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5121 WR MECHANIC II 91,455.39 95,989.29 100,749.89 105,748.52 110,997.08 7,621.28 7,999.11 8,395.82 8,812.38 9,249.76
1,758.76 1,845.95 1,937.50 2,033.63 2,134.56

43.96894 46.14870 48.43745 50.84063 53.36398
5131 WR OPERATOR - GRADE I 81,895.01 85,873.73 90,051.41 94,437.95 99,043.82 6,824.58 7,156.14 7,504.28 7,869.83 8,253.65
1,574.90 1,651.42 1,731.76 1,816.11 1,904.69

39.37260 41.28545 43.29395 45.40286 47.61722
5132 WR OPERATOR - GRADE II 85,863.06 90,040.19 94,426.19 99,031.47 103,867.03 7,155.26 7,503.35 7,868.85 8,252.62 8,655.59
1,651.21 1,731.54 1,815.89 1,904.45 1,997.44

41.28032 43.28855 45.39721 47.61128 49.93607
5133 WR OPERATOR - GRADE III 92,663.41 97,180.57 101,923.58 106,903.74 112,132.90 7,721.95 8,098.38 8,493.63 8,908.65 9,344.41
1,781.99 1,868.86 1,960.07 2,055.84 2,156.40

44.54972 46.72143 49.00172 51.39603 53.91005
5130 WR OPERATOR - TRAINEE 69,215.90 72,560.68 76,072.70 79,760.32 83,632.32 5,767.99 6,046.72 6,339.39 6,646.69 6,969.36
1,331.08 1,395.40 1,462.94 1,533.85 1,608.31

33.27688 34.88494 36.57341 38.34631 40.20785
5134 WR SENIOR OPERATOR 97,194.51 101,938.23 106,919.11 112,149.05 117,640.49 8,099.54 8,494.85 8,909.93 9,345.75 9,803.37
1,869.13 1,960.35 2,056.14 2,156.71 2,262.32

46.72813 49.00876 51.40342 53.91781 56.55793
5141 WR SOURCE CONTROL 91,164.82 95,645.53 100,350.26 105,290.23 110,477.21 INSPECTOR 7,597.07 7,970.46 8,362.52 8,774.19 9,206.43
1,753.17 1,839.34 1,929.81 2,024.81 2,124.56

43.82924 45.98343 48.24532 50.62030 53.11404
5140 WR SOURCE CONTROL 85,835.21 90,010.96 94,395.49 98,999.24 103,833.18 TECHNICIAN 7,152.93 7,500.91 7,866.29 8,249.94 8,652.77 1,650.68 1,730.98 1,815.30 1,903.83 1,996.79

41.26693 43.27450 45.38245 47.59579 49.91980
5135 WR SUPERVISING 106,674.96 111,892.68 117,371.29 123,123.84 129,164.01 OPERATOR 8,889.58 9,324.39 9,780.94 10,260.32 10,763.67 2,051.44 2,151.78 2,257.14 2,367.77 2,483.92

51.28604 53.79456 56.42850 59.19415 62.09808
4330 YOUTH SERVICES CASE 85,414.84 89,569.56 93,932.04 98,512.62 103,322.24 COORDINATOR 7,117.90 7,464.13 7,827.67 8,209.39 8,610.19 1,642.59 1,722.49 1,806.39 1,894.47 1,986.97

41.06483 43.06229 45.15963 47.36184 49.67415

EXHIBIT A
428

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

CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
3110 POLICE OFFICER 115,358.76 121,126.70 127,183.04 133,542.19 140,219.30 9,613.23 10,093.89 10,598.59 11,128.52 11,684.94
2218.44 2329.36 2445.83 2568.12 2696.53

55.46094 58.23399 61.14569 64.20298 67.41313
3100 POLICE SERGEANT 143,541.70 150,718.78 158,254.72 166,167.46 174,475.83 11,961.81 12,559.90 13,187.89 13,847.29 14,539.65
2760.42 2898.44 3043.36 3195.53 3355.30

69.01043 72.46095 76.08400 79.88820 83.88261
3120 POLICE TRAINEE 40.40550 - - - -
(Non-Sworn)

CITY OF LIVERMORE

POLICE OFFICER'S ASSOCIATION
EFFECTIVE 05/06/2024

2. LPOA May 6, 2024
4/25/2024 Page 1 of 1

EXHIBIT A
429
Class
Code Classification Monthly Salary Range
$14,095.31 - $17,619.14
2010 Assistant Administrative Services Director
2015 Assistant City Attorney
2030 Assistant Community Development Director
2045 Assistant Public Works Director
2060 City Engineer
$13,112.20 - $16,390.25
2025 Assistant City Engineer
2050 Building Official
2090 Finance Manager
2125 Maintenance and Golf Operations Manager
2145 Planning Manager
2220 Water Resources Division Manager
$12,465.09 - $15,581.36
2005 Airport Manager
2095 Housing & Human Services Manager
$12,335.20 - $15,419.00
2200 Senior Transportation Engineer
$11,836.61 - $14,795.76
2140 Permit Center Manager
$11,812.81 - $14,766.01
2190 Senior Civil Engineer
$11,671.70 - $14,589.63
2070 IT Operations Manager
2115 Information Technology Manager
$11,331.75 - $14,164.69
2055 City Clerk
2100 Housing Programs Manager
2105 Human Services Programs Manager
2165 Police Support Services Manager
2170 Principal Planner
2240 Youth and Family Services Manager - Clinical
$10,698.76 - $13,373.45
2035 Assistant Finance Manager
2040 Assistant Library Director
2085 Economic Development Manager
2120 Inspection & Neighborhood Preservation Manager
2225 Water Resources Operations Manager
2230 Water Resources Technical Programs Manager
2245 Youth and Family Services Manager - Programs

CITY OF LIVERMORE

MANAGEMENT SALARY SCHEDULE
$7,730 - $17,650/month
Effective July 3, 2023

EXHIBIT A
430
Class
Code Classification Monthly Salary Range

CITY OF LIVERMORE

MANAGEMENT SALARY SCHEDULE
$7,730 - $17,650/month
Effective July 3, 2023
$10,170.15 - $12,712.69
2000 Accounting Supervisor
2110 Information Technology Coordinator
2195 Management Analyst, Senior
2175 Public Works Manager
2210 Systems Administrator
2215 Water Distribution Operations Manager
$10,062.21 - $12,577.76
2065 Construction Inspection Manager
$10,016.28 - $12,520.35
2075 Deputy City Attorney
2150 Police Business Services Manager
2155 Police Facility & Equipment Manager
$9,505.31 - $11,881.64
2020 Assistant City Clerk
2135 Management Analyst II
2160 Police Media & Community Relations Analyst
2180 Public Works Supervisor
$7,730.03 - $9,662.54
2080 Deputy City Clerk
2130 Management Analyst I
2205 Supervising Librarian
2235 Water Resources Communications Representative

EXHIBIT A
431
Class
Code Classification
2440 Assistant City Attorney, Senior (Confidential) $15,196.70 - $18,995.88 2400 Assistant to the City Manager (Confidential) $12,465.09 - $15,581.36 2420 Human Resources Manager (Confidential) $13,112.20 - $16,390.25 2450 Human Resources Analyst, Senior (Conf) $10,170.15 - $12,712.69 2411 Human Resources Analyst II (Confidential) $9,505.31 - $11,881.64 2410 Human Resources Analyst I (Confidential) $7,730.03 - $9,662.54 2460 Management Analyst, Senior (Confidential) $10,170.15 - $12,712.69 2431 Management Analyst II (Confidential) $9,505.31 - $11,881.64 2430 Management Analyst I (Confidential) $7,730.03 - $9,662.54 2465 Risk Manager (Confidential) $11,480.26 - $14,350.33

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

MANAGEMENT CONFIDENTIAL SALARY SCHEDULE

EXHIBIT A
432
Class
Code Classifications
2600 Administrative Receptionist $5,120.02 - $6,400.02
2610 Administrative Specialist I $5,926.26 - $7,407.83
2611 Administrative Specialist II $6,665.14 - $8,331.43 2620 Executive Assistant $8,532.40 - $10,665.50
2630 Human Resources Clerk I $5,926.26 - $7,407.83
2631 Human Resources Clerk II $6,519.55 - $8,149.44
2640 Human Resources Technician $7,153.66 - $8,942.08
2650 Law Office Supervisor $8,532.40 - $10,665.50
2660 Legal Assistant $7,085.67 - $8,857.09
Monthly Salary Range

CITY OF LIVERMORE

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

EXHIBIT A
433

CITY OF LIVERMORE

POLICE MANAGEMENT SALARY SCHEDULE
$14,500 - $22,480/month
Effective January 1, 2024
Class
Code Classification Salary Range
3000 Police Captain $17,983.66 - $22,479.58
3010 Police Lieutenant $14,501.26 - $18,126.57

EXHIBIT A
434
Class
Code Classification Monthly Salary Range
1215 Administrative Services Director $16,435.43 - $20,544.29 1200 Assistant City Manager $17,729.26 - $22,161.58
1220 Community Development Director $16,435.43 - $20,544.29 1205 Deputy City Manager $14,095.31 - $17,619.14
1210 Deputy City Manager/City Clerk $14,095.31 - $17,619.14 1225 Innovation & Economic Development Dir $16,435.43 - $20,544.29 1230 Library Services Director $16,435.43 - $20,544.29
1235 Police Chief $20,332.79 - $25,415.99
1240 Public Works Director $16,435.43 - $20,544.29

CITY OF LIVERMORE

EXECUTIVE MANAGEMENT SALARY SCHEDULE
$14,095 - $25,416/month
Effective November 20, 2023

EXHIBIT A
435

CITY OF LIVERMORE

APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
1000 City Manager $344,796 11/20/2023

1100 City Attorney $307,580 11/20/2023

EXHIBIT A
436

CITY OF LIVERMORE

UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Hourly Salary Range Effective Date 8200 Department Assistant $16.00 - $26.00 01/01/24
8205 Field/Maintenance Aide $16.00 - $26.00 01/01/24
8210 Law Clerk $16.00 - $26.00 01/01/24
8230 Temporary Librarian $22.00 - $32.00 01/01/24
8235 Temporary Library Assistant $20.00 - $30.00 01/01/24 8240 Temporary Library Clerk $18.00 - $28.00 01/01/24
8215 Library Aide $16.00 - $20.00 01/01/24
8220 Police Cadet $16.00 - $26.00 01/01/24
8225 Special Projects Coordinator $20.00 - $100.00 12/20/21

EXHIBIT A
437

CITY COUNCIL STAFF REPORT
ITEM NO. 5.16

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Resolution authorizing the display of the Philadelphia rainbow pride flag for the month of June 2024.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution authorizing the display of the Philadelphia rainbow pride flag on the flagpole at the Civic Center Campus for the month of June 2024.

SUMMARY
On April 15, 2024, consistent with the Commemorative Flag Display policy and at the request of Council Member Branning, the City Council directed staff to return with a resolution for Council consideration which would authorize the display of the Philadelphia rainbow pride flag at the Civic Center Campus for the month of June 2024.

DISCUSSION
At the September 23, 2019 Council meeting, Council adopted a Commemorative Flag Display policy.

The policy allows a Council Member to request display of a commemorative flag at the Civic Center Campus, on the City of Livermore flagpole, beneath the City of the Livermore flag. Once a request has been made by a Council Member, the Council will consider the request at a duly noticed public meeting.

The City's policy is constructed to allow the display of commemorative flags as a form of government expression. Such flags may be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no more than thirty-one consecutive days.

At the April 15, 2024 Council meeting, Council Member Branning requested to display the Philadelphia rainbow pride flag for the month of June 2024, in order to commemorate Pride Month.

FISCAL AND ADMINSTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with flying the Philadelphia rainbow pride flag for 438
the month of June 2024.

COMMUNITY PILAR

1: A City That Works

GOAL

1: Engage effectively with the Mayor and City Council

ATTACHMENTS

1. Resolution

Prepared by: Marie Weber
Deputy City Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE DISPLAY OF THE PHILADELPHIA RAINBOW PRIDE FLAG FOR THE MONTH OF JUNE 2024
On September 23, 2019, the City Council adopted a commemorative flag display policy.

On April 15, 2024, consistent with the commemorative flag display policy, Council Member Branning requested display of the Philadelphia rainbow pride flag for the month of June 2024.

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

1. Authorizes and directs staff to display the Philadelphia rainbow pride flag for the month of June 2024.

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 May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney
440

CITY COUNCIL STAFF REPORT
ITEM NO. 5.17

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Resolution calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 5, 2024 for the election of certain officers of the City.

RECOMMENDED ACTION

The City's General Municipal Election is scheduled for Tuesday, November 5, 2024. Staff recommends the City Council adopt a resolution calling for the election and directing the City Clerk, in cooperation with the Alameda County Registrar of Voters, to conduct the election and request consolidation from the Alameda County Registrar of Voters.

SUMMARY
The purpose of this election is to elect a Mayor at-large for a two-year term and two members of the City Council, each for a four-year term, from the following districts:

1 Vacancy – District 3 City Council 4-year term to expire 11/2028 1 Vacancy – District 4 City Council 4-year term to expire 11/2028

DISCUSSION
Pursuant to the State of California Elections Code, the nomination period for the positions of Mayor and City Councilmembers opens Monday, July 15, 2024 at 8:00 a.m. and closes Friday, August 9, 2024 at 5:00 p.m. Per the California Elections Code, if any incumbent does not file papers by 5:00 p.m. on August 9, 2024, the nomination period is to be extended for five days, until Wednesday, August 14, 2024 at 5:00 p.m., for any qualified candidate except the incumbent.

Candidates are required to pay the full cost of printing a candidate's statement in the sample ballot.

Costs include translating, typesetting, printing and mailing. Candidates pay a deposit and are billed for the remainder of the costs after the election. Staff recommends that candidates pay a $500 deposit for the 2024 election.

441

FISCAL AND ADMINISTRATIVE IMPACTS

The estimated cost for the November 5, 2024 election provided by the Alameda County Registrar of Voters is $4-$6 per registered voter (excluding sample ballot cost and Spanish, Chinese, Tagalog and Vietnamese translation). Currently there are 56,567 registered voters in Livermore, estimating the cost to be between $226,268 and $339,402. Staff anticipates the actual cost for the November 5, 2024 election to be at the lower end of the estimate provided by the Registrar of Voters based on the expenses incurred from past elections as shown in the following table:

Year
Number of Registered
Voters
Cost per Registered Voter
Consolidation Election Costs
2022
56,968
$5.30
$301,943
2020
58,287
$5.21
$303,725
2018
52,641
$4.16
$219,316
2016
51,854
$1.77
$92,298
2014
48,407
$1.61
$77,975

The total amount budgeted for the November 5, 2024 election is $385,000 including estimations for printing, translations, binding, and mailing costs for sample ballots and voter information pamphlets; resident education and outreach; and an anticipated surcharge from the Registrar of Voters to pay for replacement voting machines.

COMMUNITY PILAR

1: A City That Works

GOAL

1: Engage effectively with the Mayor and City Council

ATTACHMENTS

1. District Map

2. Resolution

Prepared by: Debbie Elam
Acting City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
442
^ 2020 Census Redistricting Data. Adjusted for
incarcerated populations
+ 2015-2019 American Community Survey Special
Tabulation
* Calculated pursuant to OMB BULLETIN NO. 00-02
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino* Asian* Black* NH-
White
1 21,778 -1.0% 14,799 20.3% 11.8% 3.6% 62.7%
2 21,910 -0.4% 15,242 15.0% 15.3% 3.4% 65.0%
3 22,461 +2.1% 16,030 10.8% 11.1% 2.9% 74.2%
4 21,857 -0.7% 15,883 12.6% 8.8% 0.9% 76.0%
To t a l 88,006 3.1% 61,954 14.6% 11.7% 2.6% 69.6%
Ideal 22,002
Final Plan
Prepared by
ATTACHMENT 1
443
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION CALLING FOR AND GIVING NOTICE OF THE

HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY

OF LIVERMORE TO BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION ON NOVEMBER 5, 2024
A General Municipal Election is to be held on Tuesday, November 5, 2024, in the City of Livermore; and
Certain actions are required in connection with said election.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the General Municipal Election to be held in the City of Livermore on November 5, 2024, is hereby called.

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

Section 1 . Under the requirements of the laws of the State of California relating to general law cities within the State, there is hereby called and ordered to be held in the City of Livermore, County of Alameda , State of Ca lifornia, on Tuesday, November 5, 2024.

Section 2. A general municipal election of the qualified electors of the City of Livermore will be conducted for the following offices on the November 5, 202 4 ballot:
1 Vacancy – At Large Mayor 2-year term to expire 11/2026 1 Vacancy – District 3 City Council 4-year term to expire 11/2028 1 Vacancy – District 4 City Council 4-year term to expire 11/2028 Section 3. Voting shall be available in the following ways:
a) Early Voting at the Alameda County Registrar of Voters office and Vote by Mail Ballots will be available beginning October 7, 2024 b) 11-day vote centers starting October 26, 2024 from 9:00 a .m. to 5:00 p.m. in Alameda County
c) 4-day vote centers starting November 2, 2024 from 9:00 a.m. to 5:00 p.m. in Alameda County
d) Day of Election polling locat ions shall remain open continuously from 7:00 a .m. until 8:00 p .m. of the same day when the polls shall be closed.
444
RESOLUTION NO. _______
Section 4. Notice of the time and place of holding the election is hereby given and the City Clerk is directed to give such further or additional notice of the election in the time, form, and manner as required by law.

Section 5. Under Elections Code section 10002, the City Council of the City of Livermore requests the Alameda County Board of Supervisors to permit the Registrar of Voters to render assistance in all required election services in the conduct of the November 5, 202 4 municipal election. The requested services include, but are not limited to, the following:
a) Precinct consolidation, establishment of voting centers , securing election officers, preparing and mailing notices of appointment and publication of precinct officers and vote center locations;
b) Typesetting, printing, and translating sample ballots, which includes ballot notifications, ballot arguments, statements of candidates' qualifications, and mailing to registered voters; c) Printing of official ballots;
d) Purchasing precinct supplies and vote by mail voter supplies; e) Providing for vote by mail voting;
f) Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers;
g) Tabulation of votes;
h) Canvassing and certifying to the City Clerk the results of elections; and
i) All things necessary or incidental to the above in accordance with California election law in effect at the time of the election or other functions as may be requested from time to time by the City.

Section 6. The City Clerk is here by directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Alameda.

Section 7. The County Election Department is authorized to canvass the returns of the election.
445
RESOLUTION NO. _______
Section 8. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 9. Procedures for this election shall be as follows:
a) A tie vote shall be decided by lot.
b) Each candidate shall pay the full cost of printing that candidate's statement in the sample ballot.
c) Candidates' statements shall be limited to 200 words.

Section 10. This resolution shall take effect immediately .

On motion of Council Member ______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on May 13, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason Alcala
Deborah L. Elam Jason Alcala
Acting City Clerk City Attorney 446

CITY COUNCIL STAFF REPORT
ITEM NO. 5.18

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution accepting the Single Audit Report related to federal grants for the Fiscal Year Ending June 30, 2023.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the Single Audit Report for Fiscal Year 2022-23 as completed.

SUMMARY
The Single Audit Report which contains the Auditor’s Opinion, for the fiscal year ending June 30, 2023, is complete and ready for City Council acceptance. The Single Audit Report is required of each local government expending $750,000 or more in Federal awards.

DISCUSSION
The audited Annual Comprehensive Financial Report (ACFR) and other required audit compliance reports were presented to the City Council on January 22, 2024 in accordance with the Livermore Municipal Code §2.28.020 and Government Code §37208. The Single Audit was not presented at that time as it was still being completed. The Single Audit is required to be completed nine months after fiscal year end, which makes its deadline March 31, 2024. The Single Audit report was completed on March 29, 2024 and is now ready for review and acceptance by City Council.

The Single Audit report is required of each local government expending $750,000 or more in Federal awards. The Single Audit Act of 1984, as amended by the Office of Management and Budget (OMB) Guidance for Grants and Agreements in 2013, requires having an audit conducted in accordance with the 2 CFR (Code of Federal Regulations) Part 200. The City expended $1,196,753 in federal awards during the fiscal year that ended on June 30, 2023, and therefore was required to undergo a Single Audit. The total amount expended by each funding category is as follows:

Department of Housing and Urban Development - $654,978
Department of Homeland Security - $442,859
447
Department of Transportation - $91,411
U.S. Department of Justice - $7,505

The City’s auditors tested the following federal program for this year’s audit:

CDBG Grant – Community Development Block Grants (CDBG) / Entitlement Grants A Single Audit Report includes two reports: (1) a Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an audit of financial statements performed in accordance with Government Auditing Standards; and (2) Report on Compliance for Each Major Federal Program; Report on Internal Control over Compliance in accordance with OMB Guidance 2 CFR Part 200; Report on Schedule of Expenditures of Federal Awards (SEFA). The auditors have issued an unqualified opinion with no findings.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no direct fiscal impact in accepting the FY 2022-23 audit reports. Total audit and report preparation costs of approximately $155,582 are within budget and are allocated to the General Fund, enterprise funds, Measure B funds, Measure BB funds and transportation funds as the audits and reports are completed. The total fee also includes preparation costs of certain reports not requiring City Council acceptance that are transmitted directly to the California State Controller, including the Special Districts Financial Transactions Report for the Livermore Capital Projects Financing Authority (LCPFA), the Cities Financial Transactions Report for the City of Livermore, and the Livermore Annual Streets and Roads Report.

COMMUNITY PILLAR

5: A City That Works

GOAL

17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - Federal Awards Report in Accordance with the Uniform Guidance

Prepared by: David
Doyle
Accounting Supervisor

448
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
449
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE SINGLE AUDIT REPORT RELATED TO FEDERAL GRANTS FOR FISCAL YEAR 2022-23
At its meeting on May 13, 2024, the Single Audit Report for the fiscal year ended June 30, 2023, was presented to the City Council in accordance with Livermore Municipal Code section 2.28.020.

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

1. Accepts the Single Audit Report for Fiscal Year 2022-23, attached hereto as Exhibit A.

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on May 13, 2024, 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
Deborah L. Elam Jason R.Alcala
Acting City Clerk City Attorney
Exhibit A – (Single Audit Report) Federal Awards Report in Accordance with the Uniform Guidance
450

CITY OF LIVERMORE, CALIFORNIA

FEDERAL AWARDS REPORT

IN ACCORDANCE WITH THE

UNIFORM GUIDANCE

FOR THE YEAR ENDED
JUNE 30, 2023

EXHIBIT A
451

CITY OF LIVERMORE, CALIFORNIA

FEDERAL AWARDS REPORT IN ACCORDANCE WITH THE UNIFORM GUIDANCE

FOR THE YEAR ENDED
JUNE 30, 2023

TABLE OF CONTENTS

Page
Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ............................................................................................................................. 1

Independent Auditor’s Report on Compliance for the Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required by Uniform Guidance .................................................................................................................................................... 3

Schedule of Expenditures of Federal Awards ............................................................................................................ 7

Notes to Schedule of Expenditures of Federal Awards ............................................................................................. 8

Schedule of Findings and Questioned Costs:

i. Summary of Auditor’s Results .............................................................................................................................. 9

ii. Financial Statement Findings ............................................................................................................................. 10

iii. Federal Award Findings and Questioned Costs ................................................................................................ 11

Schedule of Prior Audit Findings ............................................................................................................................. 12

EXHIBIT A
452
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4040 Campbell Ave., Ste. 200 | Menlo Park, CA 94025-1053 | T 650.522.3400 | F 650.645.7393 | EOE 1 Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards
To Honorable Mayor and Members
of the City Council of the City of Livermore
Livermore, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards), the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Livermore (City), California, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise City’s basic financial statements and have issued our report thereon date December 31, 2023. Our report included an emphasis of matter relating to the adoption of GASB Statement No. 96, Subscription- Based Information Technology Arrangements.

Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control.

Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. We identified a deficiency in internal control, described in the accompanying Schedule of Findings and Responses as items 2023-001 that we consider to be material weakness.

EXHIBIT A
453
2 Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

City’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying Schedule of Findings and Responses. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

Menlo Park, California
December 31, 2023

EXHIBIT A
454
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4040 Campbell Ave., Ste. 200 | Menlo Park, CA 94025-1053 | T 650.522.3400 | F 650.645.7393 | EOE 3 Independent Auditor’s Report on Compliance for the Major Federal Program; Report on Internal Control Over Compliance; and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance
To Honorable Mayor and Members
of the City Council of the City of Livermore
Livermore, California
Report on Compliance for the Major Federal Program
Opinion on the Major Federal Program
We have audited the City of Livermore (City), California’s compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on the City’s major federal program for the year ended June 30, 2023.The City’s major federal program is identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on its major federal program for the year ended June 30, 2023.

Basis for Opinion on the Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

EXHIBIT A
455
4 Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City‘s federal program.

Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
• Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

EXHIBIT A
456
5 We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

Report on Internal Control over Compliance
A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance.

Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that were not identified.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

EXHIBIT A
457
6 Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon dated December 31, 2023, which contained unmodified opinions on those financial statements. Our report included an emphasis of matter relating to the adoption of GASB Statement No. 96, Subscription-Based Information Technology Arrangements.

Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole.

Menlo Park, California
March 28, 2024

EXHIBIT A
458

CITY OF LIVERMORE, CALIFORNIA

SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2023
See accompanying notes to schedule of expenditures of federal awards. 7 Pass-through Amount
Federal Financial Entity Passed -
Federal Grantor/Pass-Through Grantor Assistance Identifying Federal Through to Program Title Listing Number Expenditures Subrecipients Department of Housing and Urban Development
CDBG-Entitlement Grants Cluster
Direct Grants
Community Development Block Grants/Entitlement Grants 14.218 477,565$ 262,551$ Total CDBG-Entitlement Grants Cluster 477,565 262,551 Passed through Alameda County Housing and Community Development Home Investment Partnerships Program 14.239 M20-DC060201 177,413 168,707 Total Department of Housing and Urban Development 654,978 431,258 U.S. Department of Justice
Direct Grants
Bulletproof Vest Partnership Program 16.607 5,872 -
Passed through Alameda County Housing and Community Development Edward Byrne Memorial Justice Assistance Grant Program 16.738 1,633 - Total U.S. Department of Justice 7,505 -
Department of Transportation Programs
Direct Grants
Airport Improvement Program 20.106 3,398 -
Highway Safety Cluster
Passed through California Office of Traffic Safety - Selective Traffic Enforcement Program State and Community Highway Safety 20.600 PT22163 14,327 - State and Community Highway Safety 20.600 PT23120 35,755 - Total Highway Safety Cluster 50,082 -
Passed through California Office of Traffic Safety
Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 PT22163 3,490 - Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 PT23120 34,441 - Total Department of Transportation Programs 91,411 - Department of Homeland Security
Passed through California Governor's Office of Emergency Services Disaster Grants- Public Assistance 97.036 FEMA-4308-DR-CA 32,255 - Disaster Grants- Public Assistance 97.036 FEMA-4344-DR-CA 410,604 Total Department of Homeland Security 442,859 - Total Federal Financial Assistance 1,196,753$ 431,258$

EXHIBIT A
459

CITY OF LIVERMORE, CALIFORNIA

NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
FOR THE YEAR ENDED JUNE 30, 2023
8 A. Basis of Presentation
The accompanying schedule of expenditures of federal awards (the schedule) includes the federal award activity of the City of Livermore, California (City) under programs of the federal government for the year ended June 30, 2023. Federal awards received directly from federal agencies and received through other governmental agencies are included on the schedule of expenditures of federal awards. The grant period may be different from the City's fiscal year, which is from July 1 through June 30. The information is presented in accordance with the requirements of Title 2 U.S.

Code of Federal Regulations, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position, or fund balances, or cash flows of the City.

B. Summary of Significant Accounting Policies
Expenditures reported in the schedule are reported on the modified and full accrual basis of accounting, depending on which fund the federal expenditures were incurred except for subrecipient expenditures, which are recorded on the cash basis. When applicable, such expenditures are recognized following the cost principles contained in the Uniform Guidance, wherein certain types of expenditures are not allowable or are limited as to reimbursement. The City has not elected to use the 10-percent de minimis indirect cost rate as allowed under the Uniform Guidance.

C. Reporting Entity
The Schedule of Expenditure of Federal Awards (the Schedule) includes expenditures of federal awards for the City of Livermore, California and its component units as disclosed in the notes to the Basic Financial Statements.

EXHIBIT A
460

CITY OF LIVERMORE, CALIFORNIA
SUMMARY OF AUDITOR’S RESULTS
FOR THE YEAR ENDED JUNE 30, 2023
9 Financial Statements
Unmodified
Yes
None Reported
No
Federal Awards
No
None Reported
Unmodified
No
Federal Finanical Assistance Listing Name of Federal Program or Cluster

14.218
Community Development Block
Grants/Entitlement Grants
750,000$
Auditee qualified as low-risk auditee? Yes
Identification of major federal programs:

Dollar threshold used to distinguish between Type A and Type B programs:

Noncompliance material to financial statements noted?
Internal control over major federal programs:

Material weakness(es) identified?
Significant deficiency(ies) identified not considered to be material weaknesses? Type of auditor's report issued on compliance for major federal programs:

Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)
Significant deficiency(ies) identified not considered to be material weaknesses? Type of auditor's report issued on whether the financial statements audited were prepared in accordance with GAAP:

Internal control over financial reporting:

Material weakness(es) identified?

EXHIBIT A
461

CITY OF LIVERMORE, CALIFORNIA

FINANCIAL STATEMENT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2023
10 The following finding represents a material weakness related to the financial statements that are required to be reported in accordance with Government Auditing Standards. 2023-001 Restatement of the beginning net position of the governmental activities, the fund balance of the Low Income Housing-Special Revenue Fund and the fund balance of the Nonmajor Governmental Funds Criteria
Management is responsible for the design, implementation, and maintenance of internal controls to ensure the financial statements are free from material misstatement, whether due to error or fraud. Such internal controls should ensure that all notes receivables are reported on the City’s financial statements.

Condition
The prior year financial statements contained an error that was discovered during the current year. The net position of the governmental activities, the fund balance of the Low Income Housing-Special Revenue Fund and the fund balance of the Nonmajor Governmental Funds underreported housing loans receivables that were tracked by a contractor of the City.

Effect
The City restated its financial statements in accordance with Generally Accepted Accounting Principles (GAAP).

Cause
Many of these loans were incorrectly tracked and were not included in the financial statements.

Recommendation
We recommend that management performs an evaluation of the outstanding loans and work with the City’s contractor to ensure all activities presented in the financial statements are in accordance with GAAP.

Repeat Finding
No.

Views of Responsible Officials
The City agrees with the finding and has restated its beginning net position and fund balance. The City will continue to monitor the activities of the loans in the current year ensuring that all loans are reported on the financial statements.

EXHIBIT A
462

CITY OF LIVERMORE, CALIFORNIA

FEDERAL AWARD FINDINGS AND QUESTIONED COSTS
FOR THE YEAR ENDED JUNE 30, 2023
11 None reported.

EXHIBIT A
463

CITY OF LIVERMORE, CALIFORNIA

SCHEDULE OF PRIOR AUDIT FINDINGS
FOR THE YEAR ENDED JUNE 30, 2023
12 None reported.

EXHIBIT A
464

CITY COUNCIL STAFF REPORT
ITEM NO. 5.19

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Jason Alcala, City Attorney
SUBJECT:

Resolution establishing an interim appeals board to hear and decide appeals of building code violations pursuant to California Building Code section 1.8.8 and directing staff to prepare an ordinance establishing a permanent appeals board.

RECOMMENDED ACTION

The City Attorney’s Office recommends that the City Council adopt a resolution:

1 .

Establishing an interim appeals board to, pursuant to Section 1.8.8 of the California Building Code, hear and decide appeals of building code violations and public nuisance determinations based on those violations, which shall be comprised of three members who are not employees of the City but who are knowledgeable about all applicable building codes, regulations, and ordinances, and which shall sunset on February 28, 2025 unless otherwise replaced by resolution or ordinance. 2 .

Delegating its authority to hear and decide appeals of building code violations and public nuisance determinations based on those violations to the interim appeals board. 3 .

Delegating its authority to the City Council Subcommittee on Advisory Bodies to interview and appoint members to fill vacancies on and remove members of the interim appeals board. 4 .

Directing the City Clerk to facilitate the recruitment of members of the interim appeals board for consideration by the City Council Subcommittee on Advisory Bodies. 5 .

Directing the interim appeals board to comply with the procedures for administrative hearings outlined in Chapter 8.15 of the Livermore Municipal Code as if it were a “hearing officer.” 6 .

Authorizing the City Attorney, or their designee, to establish any additional procedures as appropriate for the conduct of appeals heard and decided by the interim appeals board. 7 .

Directing staff to draft an ordinance for consideration by the City Council on or before February 28, 2025, which establishes a permanent appeals board to hear and decide appeals of building code violations and public nuisance determinations based on those violations.

SUMMARY
The California Building Code establishes certain minimum requirements for the construction, alteration, and demolition of buildings and structures in California. The California Court of Appeal recently clarified 465
that local jurisdictions must comply with the appeals processes outlined in the California Building Code for all appeals involving state and local building code violations and any public nuisance determinations based on those violations. As a result, the City Attorney’s Office recommends that the City establish an interim appeals board comprised of three members who are not employees of the City but who are knowledgeable about applicable building codes, regulations, and ordinances to hear said appeals, which shall sunset on February 28, 2025, unless otherwise replaced by resolution or ordinance.

DISCUSSION
On May 11, 2020, the City Council adopted Ordinance No. 2096, which enacted Chapter 8.15, Procedure for Abatement of Public Nuisances, of the Livermore Municipal Code. Chapter 8.15 permits a responsible party or property owner to administratively appeal a notice and order to abate public nuisances that violate the Livermore Municipal Code. These appeals are heard by a hearing officer appointed by the Community Development Director.

The California Court of Appeal recently clarified that local jurisdictions must comply with the appeals processes outlined in the California Building Code for all administrative appeals involving state and local building code violations and any public nuisance determinations based on those violations. Section 1.8.8 of the California Building Code requires local jurisdictions to establish a process to hear and decide appeals of orders, decisions, and determinations made by the local jurisdiction relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance, and change of occupancy. Said appeals must be heard by the City Council, but the Building Code permits local jurisdictions to establish an appeals board comprised of individuals knowledgeable in applicable building codes, regulations, and ordinances to hear and decide these appeals.

The appeals procedures outlined in Chapter 8.15 of the Livermore Municipal Code must be supplemented to satisfy the appeal requirements of the California Building Code, as recently clarified by the California Court of Appeal. Currently, Chapter 8.15 provides that appeals of notices and orders to abate violations of the Livermore Municipal Code and, by extension, the California Building Code, are heard by a single administrative hearing officer appointed by the Community Development Director.

However, the California Building Code requires said appeals to be heard by the City Council or a hearing board appointed by the City Council, and not an administrative hearing officer.

The City is in receipt of at least one administrative appeal challenging a notice and order to abate certain violations of the Livermore Municipal Code and the California Building Code. As a result, the City Attorney’s Office recommends that the City Council establish and delegate its authority to an interim appeals board, comprised of three members who are not employees of the City, to hear and decide appeals of building code violations and public nuisance determinations based on those violations, so that the City may comply with its obligations under the California Building Code, as recently clarified by the California Court of Appeal. The City Attorney’s Office also recommends that the members of the interim appeals board are knowledgeable about all applicable building codes, regulations, and ordinances, as required by Section 1.8.8 of the California Building Code.

To facilitate recruitment and appointment so that the City may timely process pending and forthcoming administrative appeals, the City Attorney’s Office recommends that the City Council direct the City Clerk to facilitate the recruitment of the interim appeals board and delegate its authority to interview and appoint members to fill vacancies on and remove members of the interim appeals board to the City 466
Council Subcommittee on Advisory Bodies. While this is not within the Subcommittee’s current purview, the Subcommittee has relevant experience interviewing and appointing members of the public to advisory bodies, which is similar (although not identical) to the appointment of members to an interim appeals board.

The California Building Code also specifies that local jurisdictions must establish a process to hear appeals of building code violations and any public nuisance determinations based on those violations.

Chapter 8.15 of the Livermore Municipal Code establishes a process to hear administrative appeals of notices and orders to abate public nuisances that violate the Livermore Municipal Code, which specifies, among other things, the process a hearing officer must comply with when conducting an administrative hearing and preparing a written order pursuant thereto. The City Attorney’s Office recommends that the City Council direct the interim appeals board to comply with the procedures outlined in Chapter 8.15 as if it were the “hearing officer,” but only to the extent Chapter 8.15 is consistent with the requirements of the California Building Code, and authorize the City Attorney, or his designee, to establish additional procedures as appropriate for the conduct of appeals heard by the interim appeals board.

The interim appeals board is a temporary solution to ensure that the City may timely process current, and any forthcoming, appeals of building code violations in compliance with its obligations under the California Building Code, as recently clarified by the California Court of Appeal. However, the City Attorney’s Office recommends that the City Council direct staff to prepare an ordinance establishing a permanent appeals board on or before February 28, 2025, which shall memorialize the duties and obligations carried out by the interim appeals board in the Livermore Municipal Code.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no hard costs associated with the establishment and operation of an interim appeals board.

The fiscal and administrative impacts are limited to staff time incurred to: (a) facilitate recruitment; (b) appoint members to the interim appeals board; (c) provide support to the board; and (d) prepare an ordinance establishing a permanent appeals board.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

14: Update development standards, codes, and ordinances.

ATTACHMENTS

1. Resolution

Prepared by: Molly O'Toole
Deputy City Attorney

467
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
468
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ESTABLISHING AN INTERIM APPEALS BOARD TO

HEAR AND DECIDE APPEALS OF BUILDING CODE VIOLATIONS
PURSUANT TO CALIFORNIA BUILDING CODE SECTION 1.8.8 AND

DIRECTING STAFF TO PREPARE AN ORDINANCE ESTABLISHING A

PERMANENT APPEALS BOARD
On May 11, 2020, the City Council adopted Ordinance No. 2096, which enacted Chapter 8.15, Procedure for Abatement of Public Nuisances , of the Livermore Municipal Code. Chapter 8.15 permits a responsible party or property owner to administratively appeal a notice and order to abate public nuisances that violate the Livermore Municipal Code. These appeals are heard by a hearing officer appointed by the Community Development Director.

On March 6, 2024, the California Court of Appeal clarified that local jurisdictions must comply with the appeals processes outlined in the California Building Code for all appeals involving state and local building code violations and any public nuisance determinations based on those violations. Section 1.8.8 of the California Building Code requires local jurisdictions to establish a process to hear and decide administrative appeals of orders, decisions, and determinations made by the local jurisdiction relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance, and change of occupancy. Said appeals must be heard by the City Council, but the Building Code permits local jurisdictions to establish an appeals board comprised of individuals knowledgeable in applicable building codes, regulations, and ordinances to hear and decide these appeals.

The City of Livermore (“City”) is in receipt of an appeal of a notice and order to abate certain violations of the Livermore Municipal Code and the California Building Code. In light of the recent clarifications to the appeals requirements set forth in the California Building Code, the City must supplement its appeals procedures outlined in Chapter 8.15 of the Livermore Municipal Code to satisfy the requirements of Section 1.8.8 of the Building Code.

As a result, the City desires to establish an interim appeals board to hear and decide appeals of any matters as required pursuant to Section 1.8.8 of the California Building Code, including state and local building code violations and any public nuisance determinations based on those violations.

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

1. Establishes an interim appeals board to hear and decide appeals of orders, decisions, and determinations made by City staff relative to the application and interpretation of the California Building Code and other regulations governing construction, use, maintenance, and change of occupancy, as specified in Section

1.8.8 of the California Building Code, which shall be comprised of three members who are not employees of the City but who are knowledgeable about all applicable building codes, regulations, and ordinances, and which shall sunset on February 28, 2025, unless otherwise replaced by resolution or ordinance. 469
RESOLUTION NO. ________

2. Delegates its authority to hear and decide appeals of building code violations as specified in Section 1.8.8 of the California Building Code to the interim appeals board established pursuant to this resolution.

3. Delegates its authority to and directs the City Council Subcommittee on Advisory Bodies to interview and appoint members to fill vacancies on and remove members of the interim appeals board who shall not be employees of the City but who shall have knowledge of applicable building codes, regulations, and ordinances.

4. Directs the City Clerk to, as soon as practicable, facilitate recruitment of the members of the interim appeals board for consideration by the City Council Subcommittee on Advisory Bodies.

5. Directs any hearings conducted by the interim appeals board established pursuant to this resolution to comply with the procedures for administrative hearings outlined in Chapter 8.15 of the Livermore Municipal Code, with the interim appeals board complying Chapter 8.15 as if it were the “hearing officer” as set forth in Chapter 8.15, but only to the extent Chapter 8.15 is consistent with the California Building Code or other applicable law governing administrative appeals of violations of the California Building Code.

6. Authorizes the City Attorney, or their designee, to establish any additional procedures as appropriate for the conduct of appeals heard and decided by the interim appeals board established pursuant to this resolution.

7. Directs staff to draft an ordinance for consideration by the City Council on or before February 28, 2025, which establishes a permanent appeals board to hear and decide building code violations pursuant to the requirements in Section 1.8.8 of the California Building Code and that will replace the interim appeals board established pursuant to this resolution.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024, 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
Deborah L. Elam Molly O’Toole
Acting City Clerk Deputy City Attorney
470

CITY COUNCIL STAFF REPORT
ITEM NO. 5.20

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Approval to send a six-month extension notification letter to Republic Services Vasco Road Landfill.

RECOMMENDED ACTION

Staff recommends the City Council direct staff to send a six-month extension notification letter to Republic Services Vasco Road Landfill to extend the term of the Amended and Restated Agreement Between the City of Livermore and Republic Services Vasco Road, LLC for Disposal of Solid Waste to June 30, 2025.

SUMMARY
Currently, the Vasco Road Landfill accepts all of the City of Livermore’s solid waste as described by the Amended and Restated Agreement Between the City of Livermore and Republic Services Vasco Road, LLC for Disposal of Solid Waste (Disposal Agreement); this Disposal Agreement is scheduled to expire on December 31, 2024.

City Council previously directed staff to negotiate solely with Republic Services for a long-term future agreement. Although negotiations yielded consensus on many of the terms of the current Disposal Agreement, pricing was not as favorable as hoped. Therefore, staff is now preparing to release a Request for Proposal (RFP) to solicit bids for disposal services.

Staff recommends the City Council direct staff to send a six-month extension notification letter to Republic Services Vasco Road Landfill to extend the term of the Disposal Agreement to June 30, 2025.

Republic Services Vasco Road Landfill staff have agreed to the terms as outlined in the extension notification letter. This extension will allow the City additional time if needed to negotiate a new, long- term disposal agreement for municipal solid waste.

DISCUSSION
The Amended and Restated Agreement Between the City of Livermore and Republic Services Vasco Road, LLC for Disposal of Solid Waste (Disposal Agreement) initial term ended on December 31, 2023. 471
Currently, the Vasco Road Landfill accepts all of the City of Livermore’s solid waste as described by the Disposal Agreement.

On February 27, 2023, the City Council directed staff to notify Republic Services Vasco Road Landfill of the City’s desire to extend the Disposal Agreement for one year; Republic Services Vasco Road Landfill concurred with this request.

Per Section 2.04 of the Disposal Agreement, either party may request an extension of the Disposal Agreement with 180 days written notification prior to the end of the term. Both Republic Services and the City of Livermore must agree to the terms of the extension.

Also, on February 27, 2023, City Council directed staff to negotiate solely with Republic Services for a long-term Disposal Agreement. At that time, Republic Services staff had indicated a willingness to revise the current Disposal Agreement with nearly all of the current terms, including the commitment that the City of Livermore will have the lowest per ton price for municipal solid waste among all of the jurisdictions served by the Vasco Road Landfill. Although negotiations yielded agreement on many of the terms of the current Disposal Agreement, pricing was not as favorable as hoped.

Staff is now preparing to release a Request for Proposal (RFP) to solicit bids for disposal services. Two near-by landfills, Republic Services Vasco Road Landfill and Waste Management’s Altamont Landfill, would likely be candidates to submit a proposal for disposal services. Other, out-of-county landfills could potentially accommodate the City’s municipal solid waste stream but would likely be comparatively more expensive due to the cost of transport, and result in increased emissions and other environmental impacts. Once the RFP process is completed, staff will negotiate a draft disposal agreement for the City Council’s consideration.

This extension will allow the City additional time to negotiate a new, long-term disposal agreement for municipal solid waste. If the City enters into a finalized and fully-executed long-term disposal agreement with the existing or any new disposal company on or before December 31, 2024, the extension becomes null and void and the Disposal Agreement will terminate on December 31, 2024.

Staff recommends the City Council direct staff to prepare a six-month extension notification letter to include a 5.34% Water Sewer Trash Consumer Price Index rate increase, which translates to a base rate increase to $22.80 per ton, exclusive of government fees as described by Sections 5.04 and 5.05 of the Disposal Agreement. A draft of this letter is attached to this report, and Republic Services Vasco Road Landfill staff have agreed to the terms as outlined in the extension notification letter.

FISCAL AND ADMINISTRATIVE IMPACTS

Livermore Sanitation rates include a pass-through provision for disposal costs and any increase to costs will impact Livermore Sanitation rate adjustments.

PILLAR
3: Environmental Stewardship

GOAL

472
2: Manage the City’s solid waste contract and develop and implement the City’s recycling program ensuring compliance with state and local regulations.

ATTACHMENTS

1. Draft Extension Letter

Prepared by: Judy Erlandson
Acting Public Works Director

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
473
1 of 2

VIA CERTIFIED MAIL
Ma
y __, 2024
R
epublic Services Vasco Road, LLC
Josh Mills
General Manager
901 Bailey Road
Pittsburg, CA 94565
D
istrict Vice President
Republic Services Vasco Road, LLC
4001 North Vasco Road
Livermore, CA 94550
R
e: Request to Extend Term of Disposal Agreement
D
ear Mr. Mills:

O
n May 24, 2010, the City Council of the City of Livermore adopted Resolution No. 2010-090 authorizing the execution of the Amended and Restated Agreement between the City of Livermore (“City”) and Republic Services Vasco Road, LLC (“Contractor”) for Disposal of Solid Waste ( “Disposal Agreement”). The term of the Disposal Agreement commenced on January 1, 2004 and was to terminate on December 31, 2023 unless extended by the parties.

O
n February 27, 2023, the City Council approved staff’s recommendation to request a one-year extension of the Disposal Agreement . The City then requested, and the parties agreed to, a one-year extension. As a result, the term of the Disposal Agreement now terminates on December 31, 2024 unless otherwise extended by the parties.

S
ection 2.04 of the Disposal Agreement permits either Contractor or the City to request an extension of the term of the Disposal Agreement by giving written notice to the other party no later than 180 days before the termination of any extension period. Both Contractor and the City must agree to the terms and conditions of the extension, and the option to extend the term is subject to Contractor’s ability to secure the necessary permits and capacity to accept the City’s solid waste generated during the extension period.

O
n ____________, the City Council approved staff’s recommendation to request a six-month extension of the Disposal Agreement . This letter serves as the City’s written notice, pursuant to Section 2.04 of the Disposal Agreement, that it desires to extend the term of the Disposal Agreement for a period of six months , or through June 30, 2025. The City proposes that this six -month extension term include a 5.34% Water Sewer Trash Consumer Price Index rate increase, which translates to a base rate increase to $22.80 per ton, exclusive of government fees as described by Sections 5.04 and 5.05 of the Disposal Agreement.

T
his extension will allow the City time to negotiate a new, long-term disposal agreement for municipal solid waste. If the City enters into a finalized and fully-executed long-term disposal agreement with Contractor or another owner and/or operator of a solid waste landfill on or before December 31, 2024, this extension becomes null and void and the Disposal Agreement shall terminate on December 31, 2024 .

I
f you have any questions, or need further clarification, please contact Judy Erlandson at 925- 960-8002.

ATTACHMENT 1
474

2 of 2
Sincerely,
Mar
ianna Marysheva
City Manager
City of Livermore
cc Jason Alcala, City Attorney
Kevin Divincenzo, Area President, Republic Services
CO
NTRACTOR’S ACKNOWLEDGMENT
B
y signing below, Contractor1:

1. Acknowledges and accepts this written notice of extension from the City and agrees that this written not
ice satisfies the requirements, as outlined in Section 2.04 of the Disposal Agreement,2 necessary for the City to express its desire to extend the term of the Disposal Agreement;

2. Ack
nowledges and agrees that the representations and warranties that Contractor provided in Article 9 of the Disposal Agreement are, as of the date of Contractor’s signature below, correct ;

3. A
cknowledges and agrees that the term of the Disposal Agreement shall be extended for a period of six months, or through June 30, 2025, only if the City does not enter into a new, fully executed long- term disposal agreement with Contractor or another owner and/or operator of a solid waste landfill for the disposal of municipal solid waste on or before December 31, 2024; and

4. A
cknowledges and agrees that if the City enters into a new, fully executed long- term disposal agreement with Contractor or another owner and/or operator of a solid waste landfill for the disposal of municipal solid waste, the Disposal Agreement shall terminate as of December 31, 2024 . ____
_____________________________ _______________________________ Josh Mills, General Manager Date
1 For the purposes of Contractor’s Acknowledgment, the term “Contractor” shall mean Republic Services Vasco Road, LLC, a wholly owned subsidiary of Republic Services, Inc. 2 For the purposes of Contractor’s Acknowledgment, the term “Disposal Agreement” shall mean the Amended and Restated Agreement Between The City of Livermore and Republic Services Vasco Road, LLC for Disposal of Solid Waste, dated May 24, 2010.

ATTACHMENT 1
475

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Judy Erlandson, Acting Public Works Director
SUBJECT:

Public Hearing to approve the Livermore Sanitation, Inc. requested 3.68% rate adjustment to be effective July 1, 2024.

RECOMMENDED ACTION

Staff recommends the City Council hold a public hearing and approve rates listed in Exhibit H of the Third Amended and Restated Agreement for Solid Waste, Recyclable Materials, and Compostable Materials Services effective July 1, 2024.

SUMMARY
On December 29, 2023, Livermore Sanitation, Inc. (LSI) submitted the required rate adjustment application indicating a baseline cost increase of 3.68% is necessary.

Staff recommends that the City Council approve the requested rates as described in Exhibit H to be effective July 1, 2024.

DISCUSSION
On April 27, 2020, the City Council adopted a resolution authorizing the execution of the Third Amended and Restated Agreement with Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials, and Compostable Materials Services (Franchise Agreement). This action extended the Franchise Agreement term for a minimum period of 10 years, until June 30, 2030, and included new trucks and other equipment, and enhanced services for the Livermore rate payers.

For the rate period commencing July 1, 2024, the Franchise Agreement allows LSI to adjust its rates using an index-based methodology. The index-based methodology utilizes various cost adjustment factors such as the percentage change in the consumer price index and percentage change in the disposal fees. The City’s role in approving the rate increase is to determine that the rate adjustment is consistent with the methodology as identified in the Franchise Agreement.

As required by the franchise agreement, LSI submitted a rate adjustment application for Rate Year 15 476
(FY 2024-25) indicating that Total Calculated Costs for all services are projected to equal $33.2 million, a

3.68% increase compared to Rate Year 14 Total Calculated Costs.

According to Article 8 of the Franchise Agreement, LSI is responsible for proposing rates; the City Council is responsible for approving rates. Currently, 20- and 32-gallon subscriptions make up more than 80% of the approximately 26,500 residential accounts in Livermore. Proposed rates for residential customers and commercial customers that subscribe to cart service, are noted in Table 1; all customer increases are available in Exhibit H of the Franchise Agreement.

Commercial, and Single-
and Multi-family Accounts
Current Monthly Rates
Proposed Rate
Rate Year 15
(FY 2024-2025)
$ Increase Per Month
20-gal Cart
$32.76
$33.97
$1.21
32-gal Cart
$43.02
$44.60
$1.58
64-gal Cart
$63.91
$66.26
$2.35
96-gal Cart
$99.80
$103.47
$3.67

Table 1 – Current and Proposed Rates

FISCAL AND ADMINISTRATIVE IMPACTS

The City’s General Fund currently receives approximately $3.3 million in franchise fees annually from LSI. The proposed rate changes would result in an increase in the amount of franchise fee received by approximately $115,000.

PILLAR
3: Environmental Stewardship

GOAL

2: .Manage the City’s solid waste contract and develop and implement the City’s recycling program
ensuring compliance with state and local regulations.

ATTACHMENTS

1. Resolution

2. Exhibit A - Livermore Sanitation Customer Rates for Rate Period Fifteen Exhibit H

Prepared by: Judy Erlandson
Acting Public Works Director

477
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
478
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROVING AN AMENDMENT UPDATING EXHIBIT H

OF THE THIRD AMENDED AND RESTATED FRANCHISE AGREEMENT
WITH LIVERMORE SANITATION, INC. TO INCLUDE A RATE
ADJUSTMENT TO BE EFFECTIVE JULY 1, 2024
On September 28, 2009, the Livermore City Council adopted Resolution No. 2009- 189 approving a franchise agreement for solid waste collection services: Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services (the "Original Agreement").

On May 9, 2011, the City Council adopted Resolution No. 2011-069 approving the Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On September 8, 2014, the City Council adopted Resolution No. 2014-141 approving the Second Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On June 8, 2015, the City Council adopted Resolution No. 2015-075 approving the Special Rate Review Amendment to the Franchise Agreement.

On November 9, 2015, the City Council adopted Resolution No. 2015-157 approving the Second Amendment to the Franchise Agreement.

On April 27, 2020, the City Council adopted Resolution No. 2020-051 approving the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services.

On May 9, 2022, the City Council adopted Resolution No. 2022-167 approving the First Amendment to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services to describe the methodology allocating revenues to a rate reserve fund.

On November 28, 2022, the City Council adopted Resolution No. 2022-192 approving the Second Amendment to the Third Amended and Restated Agreement between the City of Livermore and Livermore Sanitation, Inc. for Solid Waste, Recyclable Materials and Compostable Materials Services (the “Third Amended and Restated Franchise Agreement”) to consent to the transfer of ownership to Waste Connections.

For the rate period commencing July 1, 2024, the Third Amended and Restated Franchise Agreement allows Livermore Sanitation, Inc. to adjust its rates using an index- based methodology. The index-based methodology utilizes various cost adjustment factors such as the percentage change in the consumer price index and the percentage change in 479
RESOLUTION NO. ________
the tipping fees. The City of Livermore's role in approving an index-based rate increase is to determine whether the requested rate adjustment is consistent with the methodology.

City staff reviewed the requested rate adjustments to be effective July 1, 2024, and determined that they comply with the rate methodology in the Third Amended and Restated Franchise Agreement, and staff therefore recommended its approval by the City Council.

Following the public hearing and review, the City Council agreed to the recommended rate structure and services provided in connection therewith to the Third Amended and Restated Franchise Agreement.

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

1. Finds, based upon staff's recommendation, that the index-based rate adjustment is consistent with the methodology in the Third Amended and Restated Franchise Agreement, and therefore approves, effective July 1, 2024, the Solid Waste, Recyclable Materials, and Compostable Materials Service rates shall be as set forth in the revised Exhibit H which is attached as Exhibit A to this resolution, and be incorporated for all purposes into the Franchise Agreement.

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

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 13, 2024 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
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Exhibit H Customer Rates for Rate Period Fifteen (effective July 1, 2024 – June 30, 2025)
480

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR SINGLE FAMILY CART SERVICE CUSTOMERS
Basic Monthly Collection Service (including Recyclables and Compostables) Curbside
Monthly
Rate
Backyard or
Sideyard
Monthly Rate
20-gallon Solid Waste Cart* $33.97 $41.81
32-gallon Solid Waste Cart* $44.60 $63.00
64-gallon Solid Waste Cart* $66.26 $103.73
96-gallon Solid Waste Cart* $103.47 $162.51
Additional Carts (Rate per Additional Cart per Month)
Extra 32-gallon Solid Waste Cart $39.70 $58.72
Extra 64-gallon Solid Waste Cart $72.82 $109.67
Extra 96-gallon Solid Waste Cart $106.75 $161.78
Extra Compostable Materials Cart* $11.24 $11.24
Extra Recyclable Materials Cart* $11.24 $11.24
* Monthly rate also includes one 96-gallon Cart for Compostables and one 96-gallon Cart for Recyclables. Customers can request smaller cart sizes for Recyclables or Compostables; however, the monthly rate shall be the same as listed above.

Income-Based Program Monthly Collection Service (including Recyclables and Compostables) Curbside
Monthly
Rate
20-gallon Solid Waste Cart** $33.97
32-gallon Solid Waste Cart** $33.97
64-gallon Solid Waste Cart** $33.97
** Must qualify and Participate in the Pacific Gas and Electric Company's California Alternate Rates for Energy (CARE) Program ** I
f CARE Program discontinued Income-Based Program may be discontinued ** Only customers with individual Single Family accounts are eligible **Verification required every year to participateMaterial Type Examples
Rate Per
Pickup
E-Waste Cell Phones, CPUs, Monitors, Copiers, Fax
Machines, Laptops, Mouse, Keyboards,
Printers, Televisions, Radios, Stereos,
Speakers, Telephones, VCRs, DVDs, and
Camcorders
$29.17
Major
Appliances
Air Conditioners, Refrigerators, Freezers
any items containing oil, fuel or Freon
$145.87
Bulky Items All other large items Bathtubs, furniture,
bicycles used exercise equipment beds,
box springs, tires etc.
$72.94
Container Size
Container Size
Rates for Bulky Items and E-Waste On-Call Pick-Up Service (Applicable for Single Family, Multi-Family, Commercial, and Government Customers) Exhibit H, Customer Rates
Single Family -2024 Page H-1
EXHIBIT A 481

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rates for Miscellaneous Service for Single Family Cart and Multi Family Cart Customers Service
Rate per
Occurrence
$187.39
$36.75
$134.90
Cart
Replacement $97.95
Trip Charge
$16.97
Cart Delivery
/ Pick-Up $16.97
Organic
Overage Company supplied Kraft bag paid for in advance $11.68 Organic
Overage Customer supplied Kraft Bag $7.29
Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

If driver must return due to Resident error, such as failure to place Cart Curbside before Collection time, overfilled Cart, incorrect Cart placement, contaminated materials
Cart delivery/pick-up (charge if Customer requests a change in Cart size more than once per year) Description of Service
Handy
Hauler
Service (4
Cubic Yard
Bin; Temp-
orary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises)
Exhibit H, Customer Rates
Single Family -2024 Page H-2
EXHIBIT A 482

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR MULTI FAMILY CART SERVICE CUSTOMERS
Solid Waste Collection Rates (Cost per month)*
1 2 3 4 5 6
32-gallon Cart $44.60 $91.60 $139.46 $189.05 $240.40 $293.48 64-gallon Cart $66.26 $136.63 $208.30 $282.56 $359.46 $438.95 96-gallon Cart $103.48 $214.05 $326.65 $443.37 $564.19 $689.08 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $0.00 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $0.00 $171.24 $261.32 $354.69 $451.35 $551.27 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $0.00 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $0.00 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $0.00 $171.24 $261.32 $354.69 $451.35 $551.27 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $11.24 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $11.24 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $11.24 $171.24 $261.32 $354.69 $451.35 $551.27 Container Size
Pick-Ups per Week
** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted. *** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bin
s, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
Exhibit H, Customer Rates
Multi Family -2024 Page H-3
EXHIBIT A 483

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $11.24 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $11.24 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $11.24 $171.24 $261.32 $354.69 $451.35 $551.27 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $12.99 $27.41 $44.46 Pick-Up Other than Regularly Scheduled Day $12.99 $27.41 $44.46 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Multi Family customers are provided on Page H-1 of this Exhibit.

Rates for Miscellaneous Service
Additional rates for miscellaneous service for Multi Family cart customers are provided on Page H-1 of this Exhibit.

Container Size
Container Size
Pick-Ups per Week
*** Multi-Family Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Exhibit H, Customer Rates
Multi Family -2024 Page H-4
EXHIBIT A 484

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR COMMERCIAL CART CUSTOMERS
Solid Waste Collection Rates (Cost per month)*
1 2 3 4 5 6
32-gallon Cart $44.60 $91.60 $139.46 $189.05 $240.40 $293.48 64-gallon Cart $66.26 $136.63 $208.30 $282.56 $359.46 $438.95 96-gallon Cart $103.48 $214.05 $326.65 $443.37 $564.19 $689.08 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $0.00 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $0.00 $171.24 $261.32 $354.69 $451.35 $551.27 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $0.00 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $0.00 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $0.00 $171.24 $261.32 $354.69 $451.35 $551.27 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $35.69 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $53.01 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $82.78 $171.24 $261.32 $354.69 $451.35 $551.27 Container Size
Pick-Ups per Week
*** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted. ** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
Exhibit H, Customer Rates
Commercial - 2024 Page H-5
EXHIBIT A 485

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $35.69 $73.28 $111.57 $151.24 $192.33 $234.78 64-gallon Cart $53.01 $109.30 $166.64 $226.05 $287.57 $351.16 96-gallon Cart $82.78 $171.24 $261.32 $354.69 $451.35 $551.27 Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $12.99 $27.41 $44.46 Pick-Up Other than Regularly Scheduled Day $12.99 $27.41 $44.46 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for commercial customers are provided on Page H-1 of this Exhibit.

RATES FOR COMMERCIAL AND RESIDENTIAL BIN CUSTOMERS
Solid Waste Rates (Cost per Month per Bin)****
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $130.71 $266.64 $407.79 $554.19 $705.81 $880.92 $261.43 $533.29 $815.60 $1,108.38 $1,411.63 $1,761.82 2 cubic yard $261.40 $533.28 $832.86 $1,131.84 $1,441.50 $1,798.59 $522.82 $1,066.55 $1,665.72 $2,263.70 $2,882.99 $3,597.18 3 cubic yard $392.12 $816.84 $1,249.30 $1,733.18 $2,207.35 $2,697.87 $784.24 $1,633.71 $2,498.61 $3,466.36 $4,414.70 $5,395.74 4 cubic yard $522.83 $1,089.14 $1,700.49 $2,310.90 $2,943.13 $3,670.67 $1,045.65 $2,178.26 $3,400.95 $4,621.81 $5,886.27 $7,341.32 5 cubic yard $667.36 $1,389.81 $2,125.61 $2,947.64 $3,754.08 $4,680.19 $1,334.71 $2,779.62 $4,251.20 $5,895.30 $7,508.17 $9,360.40 6 cubic yard $800.83 $1,667.78 $2,550.71 $3,537.18 $4,504.90 $5,616.23 $1,601.68 $3,335.55 $5,101.43 $7,074.37 $9,009.78 $11,232.46 7 cubic yard $934.30 $1,945.75 $3,036.64 $4,126.71 $5,360.96 $6,680.08 $1,868.61 $3,891.48 $6,073.28 $8,253.43 $10,721.91 $13,360.16 Recyclables Rates (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $104.56 $213.31 $326.24 $443.36 $564.65 $704.73 $209.14 $426.63 $652.48 $886.70 $1,129.30 $1,409.46 2 cubic yard $209.12 $426.62 $666.29 $905.48 $1,153.20 $1,438.87 $418.26 $853.23 $1,332.58 $1,810.96 $2,306.39 $2,877.74 3 cubic yard $313.69 $653.47 $999.44 $1,386.54 $1,765.88 $2,158.30 $627.39 $1,306.97 $1,998.89 $2,773.09 $3,531.77 $4,316.59 4 cubic yard $418.26 $871.31 $1,360.39 $1,848.72 $2,354.51 $2,936.53 $836.52 $1,742.61 $2,720.76 $3,697.45 $4,709.01 $5,873.06 5 cubic yard $533.89 $1,111.84 $1,700.49 $2,358.12 $3,003.27 $3,744.15 $1,067.77 $2,223.70 $3,400.96 $4,716.24 $6,006.53 $7,488.31 6 cubic yard $640.67 $1,334.22 $2,040.57 $2,829.75 $3,603.92 $4,492.98 $1,281.34 $2,668.44 $4,081.14 $5,659.49 $7,207.82 $8,985.98 7 cubic yard $747.45 $1,556.60 $2,429.32 $3,301.37 $4,288.76 $5,344.06 $1,494.89 $3,113.19 $4,858.62 $6,602.75 $8,577.53 $10,688.13 Bin Size
Pick-Ups per Week Pick-Ups per Week
**** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Loose Materials Compacted Materials
Bin Size
Pick-Ups per Week Pick-Ups per Week
Compacted Materials
Container Size
Pick-Ups per Week
*** Commercial Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Loose Materials
Exhibit H, Customer Rates
Commercial - 2024 Page H-6
EXHIBIT A 486

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Compostables (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $104.56 $213.31 $326.24 $443.36 $564.65 $704.73 $209.14 $426.63 $652.48 $886.70 $1,129.30 $1,409.46 2 cubic yard $209.12 $426.62 $666.29 $905.48 $1,153.20 $1,438.87 $418.26 $853.23 $1,332.58 $1,810.96 $2,306.39 $2,877.74 3 cubic yard $313.69 $653.47 $999.44 $1,386.54 $1,765.88 $2,158.30 $627.39 $1,306.97 $1,998.89 $2,773.09 $3,531.77 $4,316.59 4 cubic yard $418.26 $871.31 $1,360.39 $1,848.72 $2,354.51 $2,936.53 $836.52 $1,742.61 $2,720.76 $3,697.45 $4,709.01 $5,873.06 5 cubic yard $533.89 $1,111.84 $1,700.49 $2,358.12 $3,003.27 $3,744.15 $1,067.77 $2,223.70 $3,400.96 $4,716.24 $6,006.53 $7,488.31 6 cubic yard $640.67 $1,334.22 $2,040.57 $2,829.75 $3,603.92 $4,492.98 $1,281.34 $2,668.44 $4,081.14 $5,659.49 $7,207.82 $8,985.98 Additional On-Call Pick-Up for Solid Waste, Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $33.41 $66.79 $100.22 $133.57 $200.37 $233.76 $66.81 $133.59 $200.43 $267.14 $400.73 $467.51 Pick-Up Other than
Regularly Scheduled
Day
$59.35 $91.21 $123.36 $155.17 $213.33 $251.01 $118.69 $182.41 $246.72 $310.33 $426.65 $502.02 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Commercial bin customers are provided on Page H-1of this Exhibit.

Contaminated Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $25.98 $54.83 $88.92 Pick-Up Other than Regularly Scheduled Day $25.98 $54.83 $88.92 Contaminated Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On Regularly
Scheduled Day $66.81 $133.59 $200.43 $267.14 $400.73 $467.51 $133.62 $267.18 $400.87 $534.29 $801.46 $935.04 Pick-Up Other than
Regularly Scheduled
Day
$118.69 $182.41 $246.72 $310.33 $426.65 $502.02 $237.38 $364.82 $493.43 $620.67 $853.31 $1,004.04 Loose Materials Compacted Materials
Container Size
Container Size
Container Size
Loose Materials Compacted Materials
Container Size Container Size
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Commercial - 2024 Page H-7
EXHIBIT A 487

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rate per
Occurrence
$187.39
$36.75
$134.90
$97.95
$16.97
$16.97
$25.47
$96.66
$33.87
$171.88
$97.95
Steam Cleaning Bin Charge per visit
Steam Cleaning Cart Charge per visit
Overage Charge Per cubic yard rate
Standby Charge Charge for waiting for access to Cart/Bin or for Cart/Bin to be loaded Lost Lock Fee for replacing lost lock
Cart Replacement Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

Trip Charge (for Bin) If driver must return due to Customer error, such as failure to make Bin accessible before Collection time, overfilled Bin, incorrect Bin placement, contaminated materials) Trip Charge (for Carts) If driver must return due to customer error, such as failure to make Cart accessible before collection time, overfilled Cart, incorrect Cart placement, contaminated materials) Handy Hauler Service (4 Cubic Yard
Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises)
Rates for Miscellaneous Services for Commercial and Residential Bin and Commercial Cart Customers Service Description of Service
Exhibit H, Customer Rates
Commercial - 2024 Page H-8
EXHIBIT A 488

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR GOVERNMENT CART CUSTOMERS
(Qualifying Government Customers include Federal and State facilities located with in the City of Livermore) Solid Waste Collection Rates (Cost per month)*
1 2 3 4 5 6
32-gallon Cart $22.30 $45.80 $69.73 $94.53 $120.20 $146.74 64-gallon Cart $33.13 $68.32 $104.15 $141.28 $179.73 $219.48 96-gallon Cart $51.74 $107.03 $163.33 $221.69 $282.10 $344.54 Recyclables Collection Rates for More Frequent Service (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $0.00 $36.64 $55.79 $75.62 $96.17 $117.39 64-gallon Cart $0.00 $54.65 $83.32 $113.03 $143.79 $175.58 96-gallon Cart $0.00 $85.62 $130.66 $177.35 $225.68 $275.64 Compostables Collection Rates for More Frequent Service (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $0.00 $36.64 $55.79 $75.62 $96.17 $117.39 64-gallon Cart $0.00 $54.65 $83.32 $113.03 $143.79 $175.58 96-gallon Cart $0.00 $85.62 $130.66 $177.35 $225.68 $275.64 Recyclables Collection Rates for Additional Carts (Cost per Month)** 1 2 3 4 5 6
32-gallon Cart $17.85 $36.64 $55.79 $75.62 $96.17 $117.39 64-gallon Cart $26.51 $54.65 $83.32 $113.03 $143.79 $175.58 96-gallon Cart $41.39 $85.62 $130.66 $177.35 $225.68 $275.64 ** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
* Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
*** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Pick-Ups per Week
Exhibit H, Customer Rates
Government - 2024 Page H-9
EXHIBIT A 489

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Compostables Collection Rates for Additional Carts (Cost per Month)*** 1 2 3 4 5 6
32-gallon Cart $17.85 $36.64 $55.79 $75.62 $96.17 $117.39 64-gallon Cart $26.51 $54.65 $83.32 $113.03 $143.79 $175.58 96-gallon Cart $41.39 $85.62 $130.66 $177.35 $225.68 $275.64 RATES GOVERNMENT BIN SERVICE CUSTOMERS (cont.)
Additional On-Call Pick-Up Service for Solid Waste, Recyclables or Compostables Cart (Cost per Pick-Up) 32 to 35-gal 64-gal 96-gal
Pick-Up On Regularly Scheduled Day $6.50 $13.71 $22.23
Pick-Up Other than Regularly Scheduled Day $6.50 $13.71 $22.23 Solid Waste Rates (Cost per Month per Bin)****
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $65.36 $133.32 $203.90 $277.10 $352.91 $440.46 $130.72 $266.65 $407.80 $554.19 $705.82 $880.91 2 cubic yard $130.70 $266.64 $416.43 $565.92 $720.75 $899.30 $261.41 $533.28 $832.86 $1,131.85 $1,441.50 $1,798.59 3 cubic yard $196.06 $408.42 $624.65 $866.59 $1,103.68 $1,348.94 $392.12 $816.86 $1,249.31 $1,733.18 $2,207.35 $2,697.87 4 cubic yard $261.42 $544.57 $850.25 $1,155.45 $1,471.57 $1,835.34 $522.83 $1,089.13 $1,700.48 $2,310.91 $2,943.14 $3,670.66 5 cubic yard $333.68 $694.91 $1,062.81 $1,473.82 $1,877.04 $2,340.10 $667.36 $1,389.81 $2,125.60 $2,947.65 $3,754.09 $4,680.20 6 cubic yard $400.42 $833.89 $1,275.36 $1,768.59 $2,252.45 $2,808.12 $800.84 $1,667.78 $2,550.72 $3,537.19 $4,504.89 $5,616.23 7 cubic yard $467.15 $972.88 $1,518.32 $2,063.36 $2,680.48 $3,340.04 $934.31 $1,945.74 $3,036.64 $4,126.72 $5,360.96 $6,680.08 Bin Size
Pick-Ups per Week Pick-Ups per Week
**** Government Solid Waste collection rates include weekly service of 96-gallons of Organics and 96-gallons of Recyclables. Additional Organics and Recyclables carts, larger bins, and up to six days of collection are available at the established rates. A subscription to an adequate level of Solid Waste service is required. Customers may request less than 96-gallons of Organics or Recyclables collection but the monthly Solid Waste rate will not be discounted.

Container Size
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Government - 2024 Page H-10
EXHIBIT A 490

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Recy
clables Rates (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $52.28 $106.66 $163.12 $221.68 $282.33 $352.37 $104.57 $213.32 $326.24 $443.35 $564.65 $704.73 2 cubic yard $104.56 $213.31 $333.15 $452.74 $576.60 $719.44 $209.13 $426.62 $666.29 $905.48 $1,153.20 $1,438.87 3 cubic yard $156.85 $326.74 $499.72 $693.27 $882.94 $1,079.15 $313.70 $653.49 $999.45 $1,386.55 $1,765.89 $2,158.30 4 cubic yard $209.13 $435.66 $680.20 $924.36 $1,177.26 $1,468.27 $418.26 $871.31 $1,360.38 $1,848.73 $2,354.51 $2,936.53 5 cubic yard $266.95 $555.92 $850.25 $1,179.06 $1,501.64 $1,872.08 $533.89 $1,111.85 $1,700.48 $2,358.12 $3,003.27 $3,744.16 6 cubic yard $320.34 $667.11 $1,020.29 $1,414.88 $1,801.96 $2,246.49 $640.67 $1,334.22 $2,040.57 $2,829.75 $3,603.91 $4,492.99 7 cubic yard $373.73 $778.30 $1,214.66 $1,650.69 $2,144.38 $2,672.03 $747.45 $1,556.60 $2,429.31 $3,301.38 $4,288.77 $5,344.07 Compostables (Cost per Month per Bin)
1 2 3 4 5 6 1 2 3 4 5 6
1 cubic yard $52.28 $106.66 $163.12 $221.68 $282.33 $352.37 $104.57 $213.32 $326.24 $443.35 $564.65 $704.73 2 cubic yard $104.56 $213.31 $333.15 $452.74 $576.60 $719.44 $209.13 $426.62 $666.29 $905.48 $1,153.20 $1,438.87 3 cubic yard $156.85 $326.74 $499.72 $693.27 $882.94 $1,079.15 $313.70 $653.49 $999.45 $1,386.55 $1,765.89 $2,158.30 4 cubic yard $209.13 $435.66 $680.20 $924.36 $1,177.26 $1,468.27 $418.26 $871.31 $1,360.38 $1,848.73 $2,354.51 $2,936.53 5 cubic yard $266.95 $555.92 $850.25 $1,179.06 $1,501.64 $1,872.08 $533.89 $1,111.85 $1,700.48 $2,358.12 $3,003.27 $3,744.16 6 cubic yard $320.34 $667.11 $1,020.29 $1,414.88 $1,801.96 $2,246.49 $640.67 $1,334.22 $2,040.57 $2,829.75 $3,603.91 $4,492.99 RATES GOVERNMENT BIN SERVICE CUSTOMERS (cont.)
Additional On-Call Pick-Up for Solid Waste, Recyclables or Compostables Bin (Cost per Pick-Up) 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd 1 cu yd 2 cu yd 3 cu yd 4 cu yd 5 cu yd 6 cu yd Pick-Up On
Regularly Scheduled
Day
$16.71 $33.40 $50.11 $66.79 $100.19 $116.88 $33.41 $66.80 $100.22 $133.57 $200.37 $233.76 Pick-Up Other than
Regularly Scheduled
Day
$29.68 $45.61 $61.68 $77.59 $106.67 $125.51 $59.35 $91.21 $123.36 $155.17 $213.33 $251.01 Rates for Bulky Items and E-Waste On-Call Pick-Up Service Rates for bulky items and e-waste on-call pick-up service for Government customers are provided on Page H-1 of this Exhibit.

Loose Materials Compacted Materials
Container Size Container Size
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Bin Size
Pick-Ups per Week Pick-Ups per Week
Loose Materials Compacted Materials
Exhibit H, Customer Rates
Government - 2024 Page H-11
EXHIBIT A 491

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rates for Miscellaneous Services for Government Bin and Cart Customers Occurrenc
e
$93.70
$18.38
$67.45
$48.98
$8.49
$8.49
$12.74
$48.33
$16.94
$85.94
$48.98Steam Cleaning Cart Charge per visit
Standby Charge Charge for waiting for access to Cart/Bin or for Cart/Bin to be loaded Lost Lock Fee for replacing lost lock
Steam Cleaning Bin Charge per visit
Trip Charge (for Bin) If driver must return due to Customer error, such as failure to make Bin accessible before Collection time, overfilled Bin, incorrect Bin placement, contaminated materials) Trip Charge (for Carts) If driver must return due to customer error, such as failure to make Cart accessible before collection time, overfilled Cart, incorrect Cart placement, contaminated materials) Overage Charge Per cubic yard rate
Handy Hauler Service (4 Cubic
Yard Bin; Temporary Use)
Per placement and removal of 4 cubic yard bin provided for occasional use Rate for rental of 4 cubic yard bin in excess of 7 days Per pull and return of 4 cubic yard bin (pull and return involves the collection of solid waste at the premises and leaving the empty handy hauler on the premises) Cart Replacement Charge if customer requires cart replacement in excess of one replacement per year at no cost for each instance of container replacement related to service level changes due to delinquent payment, damage or theft.

Service Description of Service
Exhibit H, Customer Rates
Government - 2024 Page H-12
EXHIBIT A 492

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR DROP BOX AND COMPACTOR CUSTOMERS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Compacted
Solid Waste
Materials
Loose
Recycling,
Organics and
C&D Materials
Compacted
Recycling and
Organics
Materials
Container Size Per-Pull Rate Per-Pull Rate Per-Pull Rate Per-Pull Rate Other Charges (See list below) 6 cubic yards $244.77 Not Available $244.77 Not Available Disposal or processing costs for actual tonnage collected 12 cubic yards Not Available $979.08 Not Available $587.45 Disposal or processing costs for actual tonnage collected 15 cubic yards $407.89 $1,223.85 $244.77 $734.31 Disposal or processing costs for actual tonnage collected 16 cubic yards Not Available $1,305.45 Not Available $783.26 Disposal or processing costs for actual tonnage collected 20 cubic yards $543.94 $1,631.80 $326.36 $979.08 Disposal or processing costs for actual tonnage collected 24 cubic yards Not Available $1,958.15 Not Available $1,174.89 Disposal or processing costs for actual tonnage collected 25 cubic yards Not Available $2,039.75 Not Available $1,223.85 Disposal or processing costs for actual tonnage collected 30 cubic yards $815.90 $2,447.70 $489.54 $1,468.62 Disposal or processing costs for actual tonnage collected 40 cubic yards $1,087.87 $3,263.60 $652.72 $1,958.15 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Material Type Cost per Ton
Solid Waste $41.08
Recyclables $0.00
Compostables $41.08
Brick $35.50
Dirt* $45.50
Wood* $100.50
Treated Wood Waste (minimum charge of $400.00)* $135.00 Metal $118.00
Christmas Trees $38.20
Concrete* $35.50
Construction and demolition debris (mixed) $114.61
* Per-ton rates for dirt, wood, concrete, and mixed construction and demolition debris are subject to change.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Exhibit H, Customer Rates
Drop Box - 2024 Page H-13
EXHIBIT A 493

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rates for Miscellaneous Service for Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $133.83
All box sizes $490.06
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.34 Rate charged at landfill - per load for Dirt Boxes. $18.66 Rate charged at landfill for Dirt Boxes. Variable
Per charges from landfill on weight ticket. $505.96
Per item $185.31
Per item $102.64
All box sizes $72.23
All box sizes $107.82
Per charges from landfill on weight ticket. $505.96
Charge for waiting for access to Box or for Box to be loaded. $96.66 All box sizes $178.59
On the rim - rates are double. Charge is dependent on tire size. Variable $54.43
$72.58
$122.34
Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Large Charged per item when found in Drop Box or Compactor loads at the landfill.

White Goods (Appliances) Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Small
Relocation Fee
Special Handling Fee
Standby Fee (Driver Time)
Steam Cleaning - Compactor
Tires
Placement Charge
Service Description of Service
Cancellation Service
Certificate of Destruction
Demurrage Charge
Environmental Fee
Fuel Fee
Hard to Handle Loads
Impound Fee
Mattresses
Exhibit H, Customer Rates
Drop Box - 2024 Page H-14
EXHIBIT A 494

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR GOVERNMENT DROP BOX AND COMPACTOR CUSTOMERS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Compacted
Solid Waste
Materials
Loose
Recycling,
Organics and
C&D Materials
Compacted
Recycling and
Organics
Materials
Container Size Per-Pull Rate Per-Pull Rate Per-Pull Rate Per-Pull Rate Other Charges (See list below) 6 cubic yards $122.39 Not Available $122.39 Not Available Disposal or processing costs for actual tonnage collected 12 cubic yards Not Available $489.54 Not Available $293.73 Disposal or processing costs for actual tonnage collected 15 cubic yards $203.95 $611.93 $122.39 $367.16 Disposal or processing costs for actual tonnage collected 16 cubic yards Not Available $652.73 Not Available $391.63 Disposal or processing costs for actual tonnage collected 20 cubic yards $271.97 $815.90 $163.18 $489.54 Disposal or processing costs for actual tonnage collected 24 cubic yards Not Available $979.08 Not Available $587.45 Disposal or processing costs for actual tonnage collected 25 cubic yards Not Available $1,019.88 Not Available $611.93 Disposal or processing costs for actual tonnage collected 30 cubic yards $407.95 $1,223.85 $244.77 $734.31 Disposal or processing costs for actual tonnage collected 40 cubic yards $543.94 $1,631.80 $326.36 $979.08 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.
(Qualifying Government Customers include Federal and State facilities located with in the City of Livermore) Exhibit H, Customer Rates
Drop Box Government - 2024 Page H-15
EXHIBIT A 495

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $133.83
All box sizes $490.06
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.34 Rate charged at landfill - per load for Dirt Boxes. $18.66 Rate charged at landfill for Dirt Boxes. Variable
Per charges from landfill on weight ticket. $505.96
Per item $185.31
Per item $102.64
All box sizes $72.23
All box sizes $107.82
Per charges from landfill on weight ticket. $505.96
Charge for waiting for access to Box or for Box to be loaded. $96.66 All box sizes $178.59
On the rim - rates are double. Charge is dependent on tire size. Variable $54.43
$72.58
$122.34
Charged per item when found in Drop Box or Compactor loads at the landfill.

Television - Large Charged per item when found in Drop Box or Compactor loads at the landfill.

White Goods (Appliances) Charged per item when found in Drop Box or Compactor loads at the landfill.

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR RCI CERTIFICATION/LEED PROJECTS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Container Size Per-Pull Rate Other Charges (See list below) 6 cubic yards $244.77 Disposal or processing costs for actual tonnage collected 15 cubic yards $407.89 Disposal or processing costs for actual tonnage collected 20 cubic yards $543.94 Disposal or processing costs for actual tonnage collected 30 cubic yards $815.90 Disposal or processing costs for actual tonnage collected 40 cubic yards $1,087.87 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Material Type Cost per Ton Min
Wood Debris $50.00 $110.00
Wood Debris Mixed $88.00 $110.00
Demolition Debris $88.00 $110.00
Demolition Debris Mixed $88.00 $110.00
Construction Debris $88.00 $110.00
Construction Debris Mixed $88.00 $110.00
Concrete Mixed $66.00 $110.00
Concrete Oversized $136.00 $136.00
Cardboard Office Paper $18.00 $18.00
* Per-ton rates for dirt, wood, concrete, and mixed construction and demolition debris are subject to change.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates. Exhibit H, Customer Rates RCI - 2024 Page H-17
EXHIBIT A 497

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $133.83
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.34 All box sizes $72.23
All box sizes $107.82
Per charges from landfill on weight ticket. $505.96
Charge for waiting for access to Box or for Box to be loaded. $96.66Standby Fee (Driver Time) Special Handling Fee
Placement Charge
Relocation Fee
Service Description of Service
Cancellation Service
Demurrage Charge
Exhibit H, Customer Rates
RCI - 2024 Page H-18
EXHIBIT A 498

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)

RATES FOR GOVERNMENT RCI CERTIFICATION/LEED PROJECTS
Per-Pull Rates*
Customer shall be charged a per-pull rate each time its drop box or compactor box is serviced. In addition, customer will be charged for each ton of material collected at rates listed below. *Customers will be charged full Per-Pull Rate if the truck is unable to access container.

Loose Solid
Waste
Materials
Container Size Per-Pull Rate Other Charges (See list below) 6 cubic yards $122.39 Disposal or processing costs for actual tonnage collected 15 cubic yards $203.95 Disposal or processing costs for actual tonnage collected 20 cubic yards $271.97 Disposal or processing costs for actual tonnage collected 30 cubic yards $407.95 Disposal or processing costs for actual tonnage collected 40 cubic yards $543.94 Disposal or processing costs for actual tonnage collected Disposal and Processing Rates
In addition to the per-pull rate (listed above) charged each time the drop box or compactor box is serviced, the customer will be charged for each ton of material in the drop box or compactor box based on actual weight of materials. Per-ton rates are listed below. Per-ton charges will be made after materials are collected.

Per-ton rates for these materials shall be equal to the gate rate posted at Vasco Road landfill for each material type.

Loads characterized as contaminated (garbage in organics, or garbage in recyclables for example) by the processing facility shall be charged at loose garbage rates.

Exhibit H, Customer Rates
RCI Government - 2024 Page H-19
EXHIBIT A 499

EXHIBIT H

CUSTOMER RATES FOR RATE PERIOD FIFTEEN
(Effective July 1, 2024 - June 30, 2025)
Rates for Miscellaneous Service for Government Drop Boxes and Compactor Boxes Rate per
Occurrence
All box sizes $133.83
Rate for rental of Drop Box or Compactor in excess of 7 days - per day $5.34 All box sizes $72.23
All box sizes $107.82
Charge for waiting for access to Box or for Box to be loaded. $96.66Standby Fee (Driver Time) Placement Charge
Relocation Fee
Demurrage Charge
Service Description of Service
Cancellation Service
Exhibit H, Customer Rates
RCI Government - 2024 Page H-20
EXHIBIT A 500

CITY COUNCIL STAFF REPORT
ITEM NO. 10.1

5.1 Adoption of an ordinance amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions
and 11.08.110 Aviation Fueling
Operations in the Livermore Municipal Code to Require Fixed Base Operators to provide
certain aviation fuels by December 12, 2025.

Material: Memo, Revised Municipal Code, Revised Ordinance

6.1 Public Hearing to approve the Livermore Sanitation, Inc. requested 3.68% rate adjustment to be effective July 1, 2024.

Material: PowerPoint Presentation

8.0 Council Committee Reports and Matters Initiated by City Manager, City Attorney, Staff, and Council Members

Material: Council Reports

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

501
Prepared by: Helena Graves
Deputy City Clerk

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
502

INTEROFFICE MEMORANDUM
Date: May 13, 2024
To: Honorable Mayor and City Council
From: Judy Erlandson, Interim Public Works Director
Benny Stuth, Acting Airport Manager
Subject: Item 5.1: Adoption of an ordinance amending Title 11, Chapter 11.08, Airport Rules and Regulations
This memo is to notify that there has been a minor change made to the Ordinance introduced on April 8, 2024. The title of the item was:

Introduce an ordinance, and waive the first reading, amending Title 11, Chapter 11.08, Airport Rules and Regulations, Chapters 11.08.010 Definitions and 11.08.110 Aviation Fueling Operations in the Livermore Municipal Code to Require Fixed Base Operators to Provide certain aviation fuels by December 12, 2025.

During a recent meeting it was pointed out that under the definitions for “Fuel” a sentence read …”and any other alternative Fuel (e.g. Mogas and hydrogen) that are authorized for use by the FAA or use in an aircraft engine…” The sentence should read …” and any other alternative Fuel (e.g. Mogas and hydrogen) that are authorized for use by the FAA for use in an aircraft engine…”
Given this change is minor, it has been determined that the ordinance may be modified for the language change without re-introducing the ordinance again.

The ordinance has been updated to reflect this change and the modified version is before you for approval.

Item 5.1
Revised Ordinance
503

11.08.010 Defini
tions.

For the purposes of thi
s 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 safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, Item 5.1
Revised Ordinance
504
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.

Item 5.1
Revised Ordinance
505
“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 ai
rport o r a significant portion thereof.
“Essential services” means those services that owners and operators of non-turbojet power ed aircraft less than 12,500 pounds maximum takeoff weight need to m aintain 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 responsi
bility of promoting safety in the air.
“Fixed base operator” or “FB O” 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 (leaded), avgas (unleaded), j
et fuel, ethanol-free premium auto fuel, diesel, and biofuel, and any other alternative Fuel (e.g. Mogas and hydrogen) that are authorized for use by the FAA for use in an aircraft engine, an aircraft engine/airfram
e combination, and rotor wing aircraft either through an ASTM designation or a Supplemental Type Certificate.

The fuel must have an industry standard detailing specific requirements for the quality and safe
use of the fuel (i.e. ASTM), where the fuel is also accompanied by risk mitigation protection with established product
liability insurance coverage provided by the manufacturer or distributor.

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 f
ully enclosed, lockable storage space for one or more aircraft, further defined by size and purpose as foll
ows:

Item 5.1
Revised Ordinance
506

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.

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.

Item 5.1
Revised Ordinance
507
“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.
“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 aircr
aft” 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.

Item 5.1
Revised Ordinance
508
“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. 2149 § 1 (Exh. A), 2023; Ord. 2085 § 1(A), 2019; Ord. 2065 § 1(A), 2018; Ord. 1916 § 1(5), 2010; Ord. 1905 § 1, 2010)

11.08.110 Aviation fueling operations.

A. Fueling, defueling, and fuel storage activities on the airport shall conform to the current applicable provisions of CFR Title 14, and guidelines; all appropriate National Fire Protection Act guidelines; FAA Advisory Circular 150/5230-4 (including updates or amendments); applicable provisions of the airport’s SWPPP; and applicable provisions of the Environmental Protection Agency and the California Environmental Protection Agency relating to these activities.

B. Except for self-fueling, fuels shall only be dispensed on the airport by those FBOs and self-fueling entities that have a written agreement with the City granting such permission, and shall comply with all orders, procedures and minimum standards for commercial aeronautical activities set forth by the City and adopted by resolution of the City Council.

C. A properly trained operator shall be present and responsive, remaining in direct view of all operating controls and equipment at all times while fuel delivery vehicles transfer fuel into or out of any fuel storage facility. The operator shall not block open, disengage, and/or deactivate the “deadman” switch while fueling and/or transferring fuel.

D. No person shall fuel or defuel an aircraft until that person is properly trained. Records shall be kept by all fixed base operators documenting the training provided and qualifications of each person trained. Recurrent training shall be provided on a regularly scheduled basis, but not less than every year. All records shall be subject to review of and/or inspection by the airport manager or fire marshal.

E. No aircraft shall be fueled with an engine running (hot-fueling) unless prior authorization has been obtained from the airport manager and the fueling operator.

F. No aircraft shall be fueled or defueled unless the point of contact between the fuel transfer device (e.g., fuel nozzle) and the aircraft fuel tank is at least eight feet away from any hangar structure or enclosed space.

Aircraft fuel handling shall be conducted outdoors and at least 50 feet from any combustion and ventilation air- intake to any boiler, heater, or incinerator room or as approved by the fire marshal.

Item 5.1
Revised Ordinance
509
G. Fueling hoses, funnels and apparatus shall be equipped with a bonding device to prevent ignition of volatile liquids. During any fueling process, the aircraft and the fueling apparatus shall both be bonded to equalize voltage potential.

H. Pouring or gravity transfer of fuel from containers is prohibited unless approved by airport manager.

I. No person shall smoke or use any material or equipment which is likely to cause a spark or ignition within 100 feet of any fueling or defueling operations or use any material or equipment which is likely to cause a spark or ignition.

J. All fuel handled on the airport shall be treated with due caution and circumspection with regard to the rights and safety of others so as not to endanger, or likely to endanger, persons or property.

K. Care shall be exercised to prevent spillage of fuel. The airport manager shall be notified any time spillage in excess of five gallons occurs. Any fuel spilled during transfer shall be removed immediately. No engine of any aircraft shall be started when fuel is on the ground under such aircraft, except sump drain checks.

L. Each refueling vehicle shall have a minimum 15-gallon spill kit. Each fuel storage facility shall have a minimum 55-gallon spill kit.

M. Fuels not meeting motor vehicle fuels specifications, such as aviation gasoline, jet fuel and transmix, are prohibited from being supplied, sold or transported for use in motor vehicles (Title 13 California Code of Regulations, Sections 2250 et seq.).

N. Any aircraft owner desiring to self-fuel shall apply for a self-fueling permit. Issuance of the permit to the aircraft owner (permittee) is based upon conformance with the following standards:

1. Self-fueling shall be limited to those aircraft that are owned by the permittee with full and exclusive custody and control of the aircraft.

2. Fuel cooperative organizations, whereby there is joint ownership of a fuel tank and fuel, are not authorized.

3. Fueling services may only be provided by the permittee or a direct employee of the permittee utilizing the vehicles and equipment owned or leased by the permittee. If not utilizing their own employees and/or equipment permittees are only authorized to have their aircraft fueled, washed, or repaired by those operators and lessees authorized to provide such service pursuant to an agreement with the City.

Item 5.1
Revised Ordinance
510

4. Fueling shall only be conducted on paved apron areas leased or subleased by permittee. The paved areas shall be of a sufficient size to permit proper aircraft storage, service, access to the taxiway/runway system, and be adequate to satisfy the number of aircraft owned by the permittee.

5. Self-fueling activities shall comply with all applicable federal, state, and local laws, regulations, and codes. Self-fueling activities shall be subject to inspection and approval by the airport manager, fire marshal and other local government inspectors having jurisdiction. Permittee must have a fuel spill containment and fire emergency plan and procedures and shall provide such plan and procedures to the airport manager for review and approval.

6. Permittee and all employees conducting fueling operations on permittee’s premises shall attend safety and training programs, which are subject to approval by the airport manager and fire marshal. Records of training, fuel dispensing equipment, and fuel storage equipment installation and maintenance shall be maintained for five years and provided to the airport manager upon request.

7. Permittee may maintain fuel storage tanks for Avgas and Jet A fuels and each type of fuel shall be maintained in separate aboveground storage tanks, compliant with safety ratings in the fire code, NFPA, and California Department of Health and Environmental Oil Inspection Regulation System. Storage tanks shall have a minimum capacity of 10,000 gallons each. Fuel storage tanks shall have separate filter- equipped dispensing pumps and meters for each grade of fuel. The permittee shall provide at least one fuel truck for each grade of fuel maintained by permittee with a minimum truck tank capacity of 1,500 gallons for Jet A and 750 gallons for Avgas.

8. Permittee shall enter into a lease agreement with the City for the tank storage to be located at a dedicated location determined by the airport manager. All fuel equipment and facilities shall be properly maintained and kept in a safe and clean condition.

9. The self-fueling permittee shall maintain liability insurance with coverage for products and completed operations with limits of not less than $25,000,000 per occurrence. Self-fueling permit holders must follow the current insurance schedule as required by City of Livermore risk manager’s office.

O. In the event of a declared disaster and the disruption of regular fuel deliveries to the airport, the City shall have the authority to appropriate any fuel stored on the airport for emergency operations. The owner of the fuel will be compensated at the market price on the day before the disaster declaration.

Item 5.1
Revised Ordinance
511
P. Any entity permitted to dispense fuel on the airport, including self-fueling permit holders, shall pay a fuel flowage fee established by the airport rates and charges fee schedule, as revised from time to time and approved by City Council resolution. Fueling activity reports shall be submitted to the airport manager monthly. (Ord. 2085 §§ 1(B), (C), (D), 2019; Ord. 2065 § 1(A), 2018; Ord. 1905 § 1, 2010) Q. A full service Fixed Base Operator (FBO) must minimally provide the following aviation Fuel as required by this Code and by Section 2:General Requirements and Standards and Part 3: Fixed Base Operator (FBO) / Full Service as described in the Livermore Municipal Airport Minimum Standards for Commercial Aeronautical Activities.

1. Jet A

2. Avgas (Leaded)

3. Avgas (Unleaded)

4. Optionally, or as requested , any alternative fuel (e.g. Mogas and hydrogen) as described in this Code in section 11.080.010, Deﬁnitions and as described in Part 1, Deﬁnitions of the Minimum Standards for Commercial Aeronautical Activity for Livermore Airport.

Item 5.1
Revised Ordinance
512
ORDINANCE NO. _________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING TITLE 11, CHAPTER 11.08, AIRPORT RULES AND REGULATIONS, CHAPTERS 11.08.010 DEFINITIONS AND 11.08.110 AVIATION

FUELING OPERATIONS IN THE LIVERMORE MUNICIPAL CODE TO REQUIRE

FIXED BASE OPERATORS TO PROVIDE CERTAIN AVIATION FUELS BY DECEMBER 12, 2025

The Livermore Aviation fueling operations establishes procedures for proper fueling provisions, activities, and guidelines, as well as types of fuels available at the Livermore Municipal Airport (Airport).

Fuel sales are done onsite by a Fixed Base Operator (FBO) and the City of Livermore (City) does not directly sell fuel at the Airport.

On October 23, 2023, the City Council directed staff to update the Airport's Minimum Standards for Commercial Aeronautical Activities (Minimum Standards) in response to community requests.

On November 6, 2023, the Airport Commission reviewed and recommended the Minimum Standards for City Council approval.

On December 11, 2023, City Council adopted a resolution amending the Minimum Standards to require the provision of Unleaded Aviation Fuel by the FBO.

The amended Minimum Standards now requires the FBO to offer unleaded aviation fuel by December 12, 2025.

With the updates to the Minimum Standards, it is now necessary to update the Livermore Municipal Code to require an FBO to make certain aviation fuels available by December 12, 2025.

Amending the Livermore Municipal Code reflects the significant actions the City is taking to assist in the mitigation of lead exposure from the Livermore Municipal Airport.

This is not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore, is not subject to environmental review.

The adoption of th is ordinance is exempt from the requirements of the California Environmental Quality Act under the common sense exemption set forth in CEQA Guidelines Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, it is not subject to CEQA.

Item 5.1
Revised Ordinance
513
ORDINANCE NO. _________

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

Section 1. Purpose. This ordinance update expands the definition of fuel and adds the provision for unleaded aviation fuel by the FBO no later than December 12, 2025.

Section 2. Instruction for Publication. The amendments made by this ordinance are made as follows for transparency. Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification will only reflect the final language.

Section 3. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows:

A. 11.08.010 Definitions “Fuel” is hereby amended so it reads as follows:

“Fuel” means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, e.g., avgas (leaded), avgas (unleaded), jet fuel, ethanol-free premium auto fuel, diesel, and biofuel , and any other alternative Fuel (e.g.

Mogas and hydrogen) that are authorized for use by the FAA for use in an aircraft engine, an aircraft engine/airframe combination, and rotor wing aircraft either through an ASTM designation or a Supplemental Type Certificate. The fuel must have an industry standard detailing s pecific requirements for the quality and safe use of the fuel (i.e. ASTM), where the fuel is also accompanied by risk mitigation protectio n with established product liability insurance coverage provided by the manufacturer or distributor. These fuels may also be used in vehicles or equipment, as appropriate and permitted.

B. Section Q is added to 11.08.110 Aviation Fueling Operations to read as follows:
(Q) A full service Fixed Base Operator (FBO) must minimally provide the following aviation fuel as required by this Code and Section 2: General Requirements and Standards and Part 3: Fixed Base Operator (FBO)/Full Service as described in the Livermore Municipal Airport Minimum Standards for Commercial Aeronautical Activities.

1. Jet A

2. Avgas (Leaded)

3. Avgas (Unleaded)

4. Optionally, or as requested, any alternative fuel (e.g. Mogas and hydrogen) as described in this Code in section 11.080.010, Deﬁnitions and as described in Part 1, Deﬁnitions of the Minimum Standards for Commercial Aeronautical Activity for Livermore Airport

Section 4. Environmental. The adoption of this ordinance is not a project as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore, is not subject to environmental review. The adoption of the ordinance is also exempt from CEQA under the common sense exemption set forth in CEQA Item 5.1
Revised Ordinance
514
ORDINANCE NO. _________

Guidelines Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, it is not subject to CEQA.

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

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

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

The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Livermore held on April 15, 2024, 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

Deborah L. Elam Tara Mazzanti
Acting City Clerk Assistant City Attorney

Item 5.1
Revised Ordinance
515
Item 6.1
PowerPoint Presentation
516
Item 6.1
PowerPoint Presentation
517
Item 6.1
PowerPoint Presentation
518
Item 6.1
PowerPoint Presentation
519
Council Member
Date of Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 4/17/2024 Livermore Valley Chamber of Commerce Mixer Networking with local businesses with the
Livermore Rodeo Foundation.

Mayor Marchand 4/18/2024 Uncle Credit Union Annual Board meeting Received a report on the credit union and their
charitable activities.

Mayor Marchand 4/19/2024 Knights of Columbus Awards
Attended the Red, Blue and Gold Banquet
honoring our first responders.

Mayor Marchand 4/20/2024 Bay Area Taekwondo Competition and demonstration Attended and spoke at the Bay Area Taekwondo
Competition.

Mayor Marchand 4/20/2024 Granada Little League Ribbon-cutting Attended and spoke at the ribbon-cutting for the
new archway to the fields.

Mayor Marchand 4/20/2024 Livermore Art Association Art Show Presented the City Art Awards.

Mayor Marchand 4/21/2024 Young Men's Service League Recognition ceremony Presented a speech on public service and
volunteerism.

Mayor Marchand 4/22/2024 City of Livermore Ribbon-cutting Attended the ribbon-cutting for a new business,
Enact Solar.

Mayor Marchand 4/24/2024 Chamber of Commerce Board meeting Provided the Mayor's report.

Mayor Marchand 4/24/2024 Cal. LAFCO Workshop
Attended the mobile staff workshop and Wente
Vineyards.

Mayor Marchand 4/24/2024 Livermore Cultural Arts Presentation Presented a proclamation for Arts Month.

Mayor Marchand 4/25/2024 Livermore Valley Chamber of Commerce State of the County Address Update on the County by Supervisor Haubert.

Mayor Marchand 4/25/2024
Alameda County Transportation Commission
(ACTC) Commission meeting Reviewed advocacy efforts and trip to D.C.

Mayor Marchand 4/26/2024
Livermore Valley Joint Unified School District
(LVJUSD) Rally
Attended and spoke at a rally to inspire students
for State testing.

Mayor Marchand 4/27/2024 City of Livermore 99th Birthday Celebration for Allen Northop Presented a certificate.

Mayor Marchand 4/29/2024
City of Livermore - City of Pleasanton
City Council Liaison Meeting Committee meeting
Received an update on airport activities and
addition of unleaded fuel.

Mayor Marchand 4/29/2024 Tri-Valley Water Liaison Committee Meeting Meeting Received and update on water supply and
Perfluoroalkyl and Polyfluoroalkyl Substances
(PFAS).

Mayor Marchand 4/29/2024 City of Livermore Eagle Scout Court of Honor Spoke and presented a certificate.

Mayor Marchand 4/30/2024
Livermore-Pleasanton Fire Department Joint
Powers Authority (LPFD JPA) meeting Annual meeting Received equipment and budget reports.

Mayor Marchand 5/1/2024 City of Dublin Dublin State of the City Luncheon Heard the update on Dublin and supported one of
the Tri-Valley Mayors.

Mayor Marchand 5/2/2024 Tri-Valley Nonprofit Alliance Forum Attended the "State of Housing in the Tri-Valley"
forum.

Mayor Marchand 5/2/2024 City of Livermore Poet Laureate Reading and award ceremony Spoke and presented the awards to the Poetry in
a Test Tube program.

Mayor Marchand 5/4/2024 Pacific Chamber Orchestra (PCO) Fund raiser and anniversary Presented a proclamation recognizing the 35th
Anniversary of PCO.

Item 8.0
Council Reports
520
Council Member
Date of Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting) Summary of Meeting or Event
Mayor Marchand 5/6/2024 City of Livermore
Tri-Valley City Council Mayors/Managers
meeting
Finalized agenda and program for the upcoming
meeting.

Mayor Marchand 5/8/2024 Heritage Estates Anniversary
Spoke and presented a proclamation recognizing
the 20th Anniversary of Heritage Estates.

Mayor Marchand 5/8/2024 Alameda County Mayors Conference Monthly business meeting.

Heard a report om Emergency Medical Response
and was elected President of the Conference.

Mayor Marchand 5/9/2024 Open Heart Kitchen Ribbon-cutting Spoke and presented a Certificate at the opening
of the Vineyard Resource Center.

Mayor Marchand 5/9/2024
Local Agency Formation Commission of
Alameda County (LAFCO) Commission Meeting
Heard a presentation on the South Livermore
agriculture and reviewed budget.

Mayor Marchand 5/9/2024 Innovation Tri-Valley (ITV) Award ceremony Recognized emerging businesses at the ITV
Gamechangers Awards event.

Mayor Marchand 5/10/2024 Ava Community Energy Tour
Toured the Scott Haggerty Windfarm (Scott
Haggerty Wind Energy Center)
Item 8.0
Council Reports
521
Council Member
Date of Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting)
Vice Mayor Carling 4/20/2024 Granada Little League Granada Little League ribbon cutting Vice Mayor Carling 4/24/2024 City of Livermore Arbor Day tree planting Vice Mayor Carling 4/24/2024 StopWaste Board Meeting
Vice Mayor Carling 4/25/2024 Livermore Valley Chamber of Commerce Wine Country Luncheon-State of the County Vice Mayor Carling 4/26/2024 Livermore Valley Education Foundation (LVEF) Harlem Wizards basketball fund raiser for
Livermore Valley Education Foundation (LVEF)
Vice Mayor Carling 4/29/2024
City of Livermore - City of Pleasanton City
Council Liaison Meeting Meeting
Vice Mayor Carling 4/29/2024 Tri-Valley Water Liaison Committee Meeting Meeting Vice Mayor Carling 5/2/2024 Tri-Valley NonProfit Alliance (TVNPA) TVNPA Antipoverty Alliance panel Vice Mayor Carling 5/4/2024
Asian Pacific Islander American Public Affairs
(APAPA) APAPA Asian Heritage Celebration
Vice Mayor Carling 5/9/2024 StopWaste Programs & Administration Committee Meeting Vice Mayor Carling 5/9/2024 Innovation Tri-Valley (ITV) ITV 2024 GameChangers Awards Item 8.0
Council Reports
522
Council Member
Date of Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board meeting or
ribbon cutting)
Council Member Branning 5/9/2024 Innovation Tri-Valley ITV 2024 GameChangers Awards Council Member Branning 5/6/2024 Livermore-Amador Transit Authority (LAVTA) Board of Directors Meeting Council Member Branning 4/25/2024 League of California Cities (CalCities) East Bay Division Meeting Council Member Branning 5/4/2024
Asian Pacific Islander American Public Affairs
(APAPA) Asian Heritage Celebration
Item 8.0
Council Reports
523
Council Member
Date of Meeting or
Event Committee or Organization
Meeting or Event Type (ex. board
meeting or ribbon cutting) Summary of Meeting or Event
Council Member Kiick 4/16/2024 Las Positas College Ribbon-cutting Ribbon-cutting and tour of the new
Public Safety and Advanced
Manufacturing Facility.

Item 8.0
Council Reports
524

CITY COUNCIL STAFF REPORT
ITEM NO. 10.2

DATE:

May 13, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received at the meeting.

RECOMMENDED ACTION

SUMMARY

DISCUSSION

ATTACHMENTS

1. Items Received at the Meeting

Prepared by: Helena Graves
Deputy City Clerk

Item 4.0
Public Comment
527

Item 4.0
Public Comment
528

Item 4.0
Public Comment 529

Item 4.0
Public Comment
530

Item 4.0
Public Comment 531

Item 4.0
Public Comment
532

Item 4.0
Public Comment 533

Item 4.0
Public Comment
534
Item 5.1
Public Comment
535
Item 5.1
Public Comment
536

Livermore City CouncilMay 13, 2024

Livermore City Council
May 13, 2024