Agenda packet — Livermore City Council, July 8, 2024 (part 1 of 4)

CITY COUNCIL
AGENDA

MONDAY, JULY
8, 2024
REGULAR MEETING –
7:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA

CIVIC CENTER MEETING HALL

CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda
July
8, 2024

1 1.

CLOSED SESSION - NONE

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Reappointment of Peggy Schimmelman as Poet Laureate for a two-year term

Recommendation:

The Commission for the Arts and staff recommend the City Council confirm the reappointment of Peggy Schimmelman as Poet Laureate for a two-year term starting July 1, 2024, and ending on June 30, 2026.

Staff Report

4. OPEN FORUM

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

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

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

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

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

5. CONSENT CALENDAR

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

Livermore City Council Agenda
July
8, 2024

2 5.1
Approval of draft minutes - June 10, 2024 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2024-06-10

5.2 Adoption of an ordinance revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

Recommendation:

Staff recommends the City Council
adopt an ordinance
revising Municipal Code Chapter

2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

Staff Report

Attachments:

1. Redlined LMC 2.68

2. Ordinance

3. Exhibit A - LMC 2.68

5.3 Resolution authorizing supplemental appropriations in the amount of $3,584,000 from the Water Resources Replacement fund and $1,195,000 from the Sewer Connection Fees fund to FY 2023-24, and authorizing execution of a second amendment to the engineering services agreement with Carollo Engineers increasing the not-to-exceed contract amount from $4,910,499 to $5,881,720 and extending the term to December 31, 2026, for additional construction management and engineering services during construction of the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvements Project 2019-31.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Authorizing supplemental appropriations of $3,584,000 in the Water Resources Replacement fund and $1,195,000 in the Sewer Connection Fees fund in Fiscal Year 2023-24 to the WRP Primary and Secondary Treatment Improvements Project 2019-31, 2 .

Authorizing the City Manager to sign the second amendment to the agreement with Carollo Engineers, attached hereto as Exhibit A, increasing the amount of the agreement by $971,221 to a not-to-exceed amount of $5,881,720 and extending the term to December 31, 2026 for additional construction management and engineering design services during construction of the Water Reclamation Plant Primary and Secondary Treatment Improvements Project 2019-31, and
3 .

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

Livermore City Council Agenda
July
8, 2024

3 the proposed amendment.

Staff Report

Attachments:

1. Site Plan

2. Funding Summary

3. Resolution

4. Exhibit A - Second Amendment

5.4 Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $1,000,000, for the 2023 Storm Damage Repair Projects S202300A and S202300P for repairs at one site along Arroyo Las Positas and two sites along Arroyo Mocho.

Recommendation:

Staff recommends the City Council adopt a resolution:

1 .

Delegating authority to the City Manager to award a construction contract in a total amount not-to-exceed $1,000,000 for the 2023 Storm Damage Repair Projects S202300A and S202300P in substantially similar form to the draft contract in Exhibit A of the resolution subject to the City Attorney's approval to form of the final construction contract and Risk Management approval of insurance; execute any change orders or amendments which do not exceed the not-to-exceed amount; 2 .

Delegating authority to the City Manager to reject all other bids; and 3 .

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

Staff Report

Attachments:

1. Site Map

2. Resolution

3. Exhibit A - Draft Construction Contract

5.5 Resolutions accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant requests, finding that acquisitions are categorically exempt from CEQA, authorizing the City Manager to enter into Purchase and Sale Agreements for open space land, and appropriating funds from the Dougherty Valley Settlement Agreement and the Open Space Acquisition and Management Account. Locations: Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2) and Greenville Road Property (125.5 acres - APN: 99B- 5685-12)

Recommendation:

Staff recommends the City Council adopt separate resolutions to:

1 .

Livermore City Council Agenda
July
8, 2024

4 for a total grant request of $2,264,000; and determine that the Altamont Landfill Open Space Committee’s recommended expenditure of Open Space Account funds is not a project under California Environmental Quality Act (CEQA) Guidelines section 15378. 2 .

Determine the acquisitions are categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands to preserve the land in its natural condition.
3 .

Authorize the City Manager to enter into two Purchase and Sale Agreements and execute all other documents necessary to acquire the Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2), and the Greenville Road Property (125.5 acres - APN:
99B-5685-12); and
4 .

Appropriate funds from the Dougherty Valley Settlement Agreement (Fund 925) for the amount of $980,000 to acquire the Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2) and appropriate $856,000 from the Open Space Acquisition and Management Account (Fund 642) for the Greenville Road Property (125.5 acres - APN:
99B-5685-12).

Staff Report

Attachments:

1. Financial Analysis

2. Property Acquisitions Map

3. Location Map - Hartford Hills Property

4. Location Map - Greenville Road Property

5. Planning Commission Meeting Minutes

6. Letter to Citizens for Balanced Growth

7. Public Comment

8. Resolution - Hartford Hills Concurrence of Funds

9. Resolution - Greenville Road Concurrence of Funds

10. Resolution - CEQA Hartford Hills Property

11. Resolution - CEQA Greenville Road Property

12. Resolution - Hartford Hills Authorizing City Manager

13. Exhibit A - Planning Commission Resolution

14. Exhibit B - Hartford Hills Purchase and Sale Agreement

15. Resolution - Greenville Road Authorizing City Manager

16. Exhibit A - Planning Commission Resolution

17. Exhibit B - Greenville Road Purchase and Sale Agreement

18. Resolution - Hartford Hills Acquisition Funding

19. Resolution - Greenville Road Acquisition Funding

5.6 Resolution authorizing an agreement with the County of Alameda Probation Department, accepting funding for the term of July 1, 2024 - June 30, 2026, for Horizons Family Counseling to provide mental health-related services and programs in an amount not-to-exceed $1,502,000.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing an agreement with County of Alameda Probation Department, accepting funding for the term of July 1, 2024 - June 30, 2026, in a not-to-exceed amount of $1,502,000 for Horizons to provide mental health related services and programs focused on therapeutic counseling, crisis intervention, diversion, and

Livermore City Council Agenda
July
8, 2024

5 case management services aimed at preventing formal entry into the juvenile system or recidivism.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

5.7 Resolution establishing the Appropriations Limit consistent with State law for FY 2024-25.

Recommendation:

Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2024-25.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - FY 2024-25 Appropriations Limit

6. PUBLIC HEARINGS

6.1 Hearing to consider a request for Vesting Tentative Tract Map and Site Plan Design Review to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection with a for-sale residential condominium project, known as Shea Aura.

Recommendation:

The Planning Commission and staff recommend the City Council:

1 .

Adopt a resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning; and 2 .

Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006, together with the requested Density Bonus waivers and incentive/concession, subject to the attached Conditions of Approval; and
3 .

Direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

Staff Report

Attachments:

1. Staff Analysis - Planning Commission Memorandum

2. Project Location

3. Project Site Context

Livermore City Council Agenda
July
8, 2024

6 4. Development Plans

5. Isabel Neighborhood Specific Plan Land Plan

6. Frontage Improvements

7. Density Bonus Letter Request

8. Draft Planning Commission Meeting Minutes

9. Public Comments

10. Resolution - CEQA

11. Exhibit A - Planning Commission CEQA Resolution

12. Resolution - Project

13. Exhibit A - Planning Commission Project Resolution

14. Exhibit B - Conditions of Approval

6.2 Public hearing for the confirmation of the levy of assessments for the City’s Landscape Maintenance Districts for FY 2024-25.

Recommendation:

Staff recommends the City Council:
1 .

Conduct a public hearing for the confirmation of the annual levy of assessments for the City’s Landscape Maintenance Districts for FY 2024-25.
2 .

Upon closure of the public hearing, staff recommends the City Council adopt a resolution confirming the annual levy of assessments for the City’s Landscape Maintenance Districts and directing actions with respect thereto for FY 2024-25.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - LMD Maximum and Budgeted Assessment Rates

3. Exhibit B - Proposed Assessments for LMD No. 859 Downtown for Fiscal Year 2024-25

4. Exhibit C - FY 2024-25 Consolidated Annual Report

7. MATTERS FOR CONSIDERATION

7.1 Approval of the City Council 2025 Meeting Calendar.

Recommendation:

Staff recommends the City Council approve the 2025 Meeting Calendar. Staff is prepared to make adjustments if a Council Member identifies a scheduling or holiday conflict to ensure all members of the Council can participate in meetings.

Staff Report

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

9. ADJOURNMENT

Livermore City Council Agenda
July
8, 2024

7 To a Regular City Council meeting on Monday, July 22, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

10. SUPPLEMENTAL MATERIALS

10.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials.pdf

10.2 Supplemental materials received at the meeting.

Staff Report

Attachments:

1. Items Received at the Meeting.pdf

11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

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

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

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

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

Livermore City Council Agenda
July
8, 2024

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

Submission of Comments During the Meeting:

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

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

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

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

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

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

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

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

Livermore City Council Agenda
July
8, 2024

9 Livermore City Council Agenda
July
8, 2024

10 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Brandon Cardwell, Innovation and Economic Development Director SUBJECT:

Reappointment of Peggy Schimmelman as Poet Laureate for a two-year term

RECOMMENDED ACTION

SUMMARY
The City Council established the position of Poet Laureate on October 25, 2002, and since that time five individuals have served as Poet Laureate. The fifth and current Poet Laureate, Peggy Schimmelman, will have her term expire on June 30, 2024. The search and selection process for the City of Livermore's sixth Poet Laureate was conducted by a subcommittee of the Commission for the Arts. The Commission for the Arts approved the Poet Laureate subcommittee's recommendation of Ms. Schimmelman at their regular meeting on June 25, 2024, and recommends the City Council approve her appointment as the City's Poet Laureate.

DISCUSSION
The City Council established the position of Poet Laureate on October 25, 2002, and since that time five individuals have served as Poet Laureate. Connie Post served from 2005 to 2009; Cher Wollard served from 2009 to 2013; Kevin Gunn served from 2013 to 2017; Cynthia Patton served from 2017 to 2022; and current Poet Laureate Peggy Schimmelman was appointed in 2022. Her term expires on June 30, 2024. As in the past, the City's Commission for the Arts formed a Poet Laureate Selection subcommittee to interview applicants for the Poet Laureate position. A search was conducted with the application period opening on April 19, 2024, and closing on May 31, 2024. One application was received, and the Poet Laureate selection committee interviewed the applicant on June 10, 2024. The Poet Laureate selection committee consisted of two members of the Commission for the Arts: Natalia Custodio and Cher Wollard. The panel unanimously recommended Ms. Peggy Schimmelman for consideration by the Commission. The Commission for the Arts approved the recommendation of Ms. Schimmelman at their regular meeting on June 25, 2024, and recommends the City Council approve her reappointment as the 11 City's Poet Laureate. If Council approves her reappointment, Ms. Schimmelman's renewed term will start on July 1, 2024, and will expire on June 30, 2026.

FISCAL AND ADMINISTRATIVE IMPACTS

The Poet Laureate position does not receive a monetary stipend and is purely a volunteer and honorary position. The expenses for the Poet Laureate program and activities have a budget of up to $6,000 annually of the City General Funds and are included in the 2023-25 Financial Plan. No additional appropriation is necessary. The Poet Laureate serves at the pleasure of the City Council.

COMMUNITY PILLAR:

4: Inclusive and Inviting Spaces & Places

GOAL:

1: Further enhance Livermore's unique sense of place

ATTACHMENTS

Prepared by: Theresa de la Vega
Management Analyst II

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Approval of draft minutes - June 10, 2024 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2024-06-10

Prepared by: Debbie Elam
Acting City Clerk

TY COUNCIL
JUNE 10, 2024
________________________________________________________________ RE

GULAR MEETING

1. NO
NE
2 . CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue and YouTube.

RO
LL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning and, Brittni Kiick.

LEDGE OF ALLEGIANCE
3 . PROCLAMATIONS AND PRESENTATIONS

3.1 P
roclamation declaring June 2024, as LGBTQ+ Pride Month presented to Amy Rose, Pride Co-Founder and Board Member of Livermore Pride.

M
ayor Marchand presented a proclamation to Amy Rose, Pride Co -Founder and Board Member of Livermore Prode declaring June 2024, as LGBTQ+ Prode Month.

3.2 P
resentation of the 2024 High School Senior Arts Awards.

Ma
yor Marchand presented the 2024 High School Senior Arts Awards to the students.
3 .3 Livermore Area Youth Advisory Commission Annual Update presented by Chair Alexa Sumitra.

Li
vermore Area Youth Advisory Commission Chair Alexa Sumitra presented the update.
4 . OPEN FORUM
Ma
yor Marchand opened the public comment period.

D
avid McGuigan provided a comment.

S
uzy Pawloski provided a comment.

ATTACHMENT 1
14 CM/75/2 Minutes JUNE 10, 2024
Greg Scott provided a comment.

Jeff
Pawloski provided a comment.

Conni
e Kopps provided a comment.

Rol
and Ellingson provided a comment.

Ther
e were no more speakers, and the public comment period was closed.

5. CONS

ENT CALENDAR
Item
s 5.1 and 5.2 were removed from the Consent Calendar for separate discussion and action.

May
or Marchand opened the public comment period.

It
em 5.14 Greg Scott provided a comment.

Ther
e were no more speakers, and the public comment period was closed.

ON T

HE MOTION OF VICE MAYOR CARLING , SECONDED BY COUNCIL
MEMBER BRANNING, AND CARRIED ON A 3-0 VOTE. THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1. COUNCIL MEMBER

BARRIENTOS AND COUNCIL MEMBER KIICK ABSTAINED DUE TO THEIR ABSENCE AT THE MEETING OF APRIL 15, 2024.

ON T

HE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY VICE
MAYOR CARL ING, AND CARRIED ON A 4 -0 VOTE. THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.2. MAYOR MARCHAND
ABSTAINED DUE TO HIS ABSENCE AT THE MEETING OF MAY 13, 2024.

ON T

HE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.3 - 5.15

5.1 Appr
oval of draft minutes – April 15, 2024 Regular Meeting

5.2 Appr
oval of draft minutes – May 13, 2024 Regular Meeting

5.3 Resolution 2024-078 a uthorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Slurry Seal 2021 Project 2021-04.

5.4 Resolution 2024-079 authorizing the acceptance for permanent maintenance, release of the security bonds, and execution of a Notice of Completion for the Crosswalk Improvement Projects 2022-06 and 2021-35.

5.5 Resolution 2024-080 authorizing the acceptance for permanent ATTACHMENT 1
15 JUNE 10, 2024 Minutes CM/75/3
maintenance, release of the security bonds, and execution of a Notice of Completion for the Storm Drain Trash Capture Devices Project 2021-12.

5.6 Resolution 2024-081 adopting a list of projects for FY 2024- 25 funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and approving the use of Road Maintenance and Rehabilitation Account Fund.

5.7 Resolution 2024-082 authorizing execution of an agreement with Univar Solutions USA, LLC for the supply and delivery of sodium hypochlorite for use at the Water Reclamation Plant, in an amount not-to-exceed $705,600, and an appropriation of $202,700 to the Sewer Fund Operating Budget for FY 2024-25.

5.8 Resolution 2024-083 authorizing execution of an agreement with EOA, Inc. for stormwater regulatory compliance assistance for a term of three years in an amount not-to-exceed $191,050.

5.9 Resolution 2024-084 authorizing execution of an agreement with Lynx Technologies, for Geographic Information System enhancements, upgrades, development and maintenance services in the amount not-to-exceed $250,000, and a term of two years.

5.10 Resolution 2024-085 authorizing execution of a second amendment to the agreement with Terracare Associates for City- wide landscape maintenance, increasing the not -to-exceed amount from $3,900,000 to $6,600,000 and extending the term of the agreement two additional years to May 31, 2026.

5.11 Resolution 2024-086 authorizing the execution of an agreement with West Coast Arborists, Inc. for tree and shrub maintenance and removal services in an amount not-to-exceed $1,800,000 for a three-year term ending May 31, 2027.

5.12 Resolution 2024-087 directing the City Engineer to file the Consolidated Annual Report for the City’s Landscape Maintenance Districts.

Re
solution 2024 -088 to levy annual assessments for the Landscape Maintenance Districts for Fiscal Year 2024-25.

5.13 Resolution 2024-089 approving the FY 2024-25 Budget Update.

5.14 Resolution 2024 -090 approving the updated Investment Policy and the annual delegation of investment authority to the City Treasurer.

5.15 Resolution 2024-91 of continued local emergency in response to impacts from a series of severe storm events last year.

6. PUBL

IC HEARINGS

6.1 He
aring to authorize negotiation of a Development Agreement with the property owner, Align Real Estate, to secure community benefit and social opportunity endowment funding as part of proposed Isabel Specific Plan ATTACHMENT 1
16 CM/75/4 Minutes JUNE 10, 2024
Amendments changing the land use from a Business Park designation to residential designations. Location 3011, 3055, and 3077 Triad Place.

Re
commendation: S taff recommended the City Council adopt a resolution authorizing staff to proceed with negotiating terms for a Development Agreement (DA24-002) to be considered by the City Council at a later date concurrently with review of corresponding Isabel Neighborhood Specific Plan amendments.

Ec
onomic Development Manager Andy Ross presented the staff report.

May
or Marchand opened the public hearing.

Al
an Burnham provided a comment.

Ther
e were no more speakers, and the hearing was closed.

ON T

HE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:

Re
solution 2024 -092 a uthorizing staff to negotiate terms for a development agreement with Alight Real Estate.

7. MAT

TERS FOR CONSIDERATION

7.1 Di
scussion and direction regarding the Comprehensive General Plan Update – Draft Preferred Land Use Scenario.

Re
commendation: Staff recommended City Council:

1. Approve the General Plan Advisory Committee’s preferred land use scenario, which includes the Laughlin, Vasco Row, and Midtown focus areas, subject to the Planning Commission recommendations.

2. Identify East of Greenville as a future study area and direct staff to develop policy direction identifying the conditions under which to study future land use changes, consistent with Planning Commission recommendations.

3. Direct staff to proceed with finalizing the General Plan land use map, developing the General Plan policy framework, and conducting the General Plan environmental analysis.

Ec
onomic Development Manager Andy Ross presented the staff report.

May
or Marchand opened the public comment period.

Gr
eg Scott provided a comment.

Al
an Burnham provided a comment.

Ala
n Marling provided a comment.

ATTACHMENT 1
17 JUNE 10, 2024 Minutes CM/75/5
Connie Kopps provided a comment.

John S
teinbuch provided a comment.

Ther
e were no more speakers, and the public comment period was closed.

ON T

HE MOTION OF COUNCIL MEMBER BRANNING , SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED STAFF’S RECOMMENDATION AND DIRECTED STAFF TO

COMPLETE A COMMERCIAL STUDY, CREATE A NEW DENSITY
DESIGNATION FOR 24-35 UNITS PER ACRE, AND INCREASE THE SIZE OF THE MIDTOWN SPECIFIC PLAN.

8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE

MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

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

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

Tow
ing Contracts City Council directed staff to provide information regarding supporting local towing businesses that do not haul larger vehicles.

Liv
ermore Rotary Club, C ouncil Member Barrientos and Vice Mayor Carling noted their attendance at the Rodeo Parade on June 1, 2024.

9. ADJ
OURNMENT – at 8:46 pm in memory of Barbara Steer, to a Regular City Council Meeting on Monday, June 24, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

APPROVED:

JO HN P. MARCHAND, MAYOR
ATTEST: ___
DEBO RAH L. ELAM, ACTING CITY CLERK
ATTACHMENT 1
18 CITY COUNCIL STAFF REPORT
ITEM NO. 5.2

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Adoption of an ordinance revising Municipal Code Chapter 2.68, Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

RECOMMENDED ACTION

Staff recommends the City Council
adopt an ordinance
revising Municipal Code Chapter 2.68,
Contracts and Purchasing, to change contract approval authorities, add department head contract and purchasing responsibilities, add solicitation procedures for professional services contracts, and other miscellaneous revisions.

SUMMARY

DISCUSSION

ATTACHMENTS

1. Redlined LMC 2.68

2. Ordinance

3. Exhibit A - LMC 2.68

Prepared by: Tina Olson
Administrative Services Director

19 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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Chap
ter 2.68

CONTRACTS AND PURCHASING
Article I. General

2.68.010 100 Purpose. and application.

2.68.020 City Council approval required.

2.68.110 Purchasing policy and implementing procedures.

2.68.030 120 General procedural requirements for contracts.

2.68.040 130 Definitions.

2.68.140 Purchasing oversight.

2.69.150 Purchasing re sponsibilities of Department Heads.

Article II. Contract Approval Authority

2.68.060 200 City Manager authorityCouncil approval required.

2.68.070 City Attorney authority.

2.68.075 Assistant City Manager authority.

2.68.080 Administrative Services Director authority.

2.68.090 Public Works Director and Community Development Director authority.

2.68.100 Police Chief authority.

2.68.110 Library Services Director and innovation and economic development director authority.

2.68.210 Budget appropriation required.

2.68.220 Contract approval authorities.

2.68.230 Contract amendment approval authorities.

2.68.240 Contingency.

2.68.250 Delegation of contract approval authorities.

2.68.260 Discretion to not award a contract.

Article III. Supplies, Equipment and Solicitation Procedures

2.68.300 General Servicesprocedural requirements.

2.68.340 Short form contracts.

2.68.310 Contracts for goods and services up to $10,000.

2.68.350 Purchases of320 Contracts for goods and general services, sole source services or equipment, or supplies and equipment for $5,000 or less.

2.68.360 Purchases of general services or supplies and equipment for moregreater than $510,000 and up to $50100,000. (informal solicitation).

2.68.370 Purchases of330 Contracts for goods and general services or supplies and equipment for moregreater than $50100,000. (competitive bidding).

2.68.380 Negotiated purchases340 Contracts for professional services .

2.68.390 Purchases of supplies350 Competitive negotiation following a request for proposals.

2.68.360 Exceptions to, and equipmentexemptions from, solicitation procedures.

2.68.370 Contracts for good s and services procured through cooperative purchasing arrangements.

2.68.400 Equipment leasing.

2.68.410 Inspection and testing.

2.68.420 Repealed.

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2.68.430 Surplus supplies and equipment.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Emergency proc urement authority.

2.68.410 Emergency proc urement procedures.

Article V. Public Projects

2.68.500 Public project contracting procedures.

2.68.510 Bid splitting prohibited.

2.68.520 Contractors list.

2.68.530 Informal bidding – Notice.

2.68.540 Formal bidding – Notice.

2.68.550 Exceptions.

2.68.560 Modification of public works contracts.

2.68.570 Contracts for maintenance and other work.

2.68.580 570 Award of public works contracts.

2.68.590 580 Rejection of bids.

2.68.600 2.68.690 Change orders to public works contracts.

2.68.595 Approval of plans, specifications, and designs.

Article VI. Additional Requirements

2.68.600 Leasing equipment and personal property.

2.68.610 Inspection and testing.

2.68.620 Surplus supplies and equipment.

2.68.630 Ethics.

2.68.640 Environmentally preferable purchases.

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Article I. General

2.68.010100 Purpose and application.

The purpose of this chapter is to:
a. A. Provide for the Clearly define authority of city officersfor the City’s purchasing function and delegate authority to enter intopersons to sign City contracts and to set forth procedural requirements;to procure goods and services, and for public projects;
b. B. Establish efficient procedures for the purchase of supplies, equipmentto award and sign City contracts to procure goods, general services, and professional services; c. Establish efficient procedures to award and sign public works contracts for the City; d. Ensure City contracts for goods, genera l services, and public projects are awarded at the lowest possible cost commensurate with quality needed, to exercise; e. Ensure contracts for qualified professional servic es are awarded to qualified consultants at the lowest possible cost commensurate with quality needed, and all contracts for professional services are awarded to the consultants best able to provide the needed services at a cost commensurate with the quality needed;
f. Ensure the quality of the goods and services purcha sed by the City are fit for their intended purpose; and,
g. Exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases. (Reference: Government Code Sections 54201 through 54205.) City procurement contracts.

2.68.020 City Council approval required.

City Council approval is required for all contracts unlessExcept as otherwise specified inprovided herein, this chapter or codeapplies to all City contracts goods, services, and public projects, but it does not apply to other City contracts.

2.68.110 Purchasing policy and implementing procedures.

Other relevant provisions of law or regulation notwithstanding, this chapter establishes the City’s purchasing policy. For operational efficiency and effectiveness, the City Manager is directed to prepare administrative regulations to implement the provisions of this chapter in coordination with the Administrative Services Director and the City Attorney, or in another provisiontheir respective designees. In the event of a conflict between the administrative regulations and the provisions of this chapter, the provisions of this chapter shall govern. In the event of a conflict between this chapter and a state or federal or state law. law, the provisions of the state or federal law shall govern.

2.68.030120 General procedural requirements for contracts.

A. All City contracts for goods, services, and public projects shall conform with the procedural requirements set forth in this section unlesschapter to solicit, award, and sign contracts for the City, except as otherwise specified elsewhere in this chapter or codethe LMC, or in another provision of federal state or statefederal law.

A. B. The general procedural requirements for all City contracts for goods, services, and public projects are as follows:

1. All City contracts mustfor goods, services, and public projects shall be in writing and beshall be awarded as set forth in this chapter and signed in the name of the City. by the body or person with the appropriate approval authority. Oral contracts are specifically prohibited and shall not be binding on the City;
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B. All 2. As applicable, all City contracts for goods, services, and public projects must include appropriate insurance and indemnification provisions and be reviewedas required by the City’s risk manager.Risk Manager or their designee, and indemnity provisions as required by the City Attorney or their designee;
C. All contracts must be approved as to form by the City Attorney.

D. 3. As applicable, all public works contracts must include the appropriate bonds or other security as required by the California Civil Code, the California Public Contracts Code, and other applicable law and regulation for the public work, in the maximum amounts allowed by law, as well as warranty and maintenance bonds specified by the City Manager in the administrative regulations for public projects;

4. All City contracts for goods, services, and public projects must be approved as to form by the City Attorney or their designee, all bonds or security for public projects must be approved as to form by the City Attorney or their designee, and all insurance certificates must be approved as to form by the Risk Manager or their designee;

5. A signed original of each City contract entered into must be for goods, services, and public works shall be filed with the city clerk’s office, except for copiesCity Clerk’s Office, except for purchase orders that shall be filed in the Administrative Services Department as directed by the Administrative Services Director;

6. For operational efficiency and effe ctiveness, the City Manager or their designee may, in coordination with the City Attorney and Risk Manager, establish the conditions for the use of purchase orders evidencing the purchase of supplies, equipment or general services which must be filed in the office of the Administrative Services Director. or other efficient forms or methods of procurement in place of, or in addition to, duly signed written contracts, which conditions shall be reflected in the administrative regulations; and,

7. When a City contract for goods, services, or a public project is funded by money the City receives through assistance, contract funding, grant funding, or other governmental sources provided by a county, regional, state, or federal government, then the procurement shall be conducted in accordance with mandatory applicable county, regional, state, and federal laws and regulations.

2.68.040130 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Administrative Services Director” means the Administrative Services Director of the City or his or her designee, who shall also act aswho is the City’s purchasing agent for the City pursuant to Chapter LMC

2.28 LMC.030.

B. “Amendment” means any change to a contract.

C. “Best value” means the best overall value to the City for goods, general services, and qualified professional services contracts based on all factors, including, but not limited to, the following:

1. Cost; Total cost;

2. The ability, capacity, and skill of the consultant, contractor, or vendor to perform the contract or provide the supplies,desired goods and services or equipment required;

3. The ability of the consultant, contractor, or vendor to provide the supplies,desired goods and services, or equipment promptly or within the time specified without delay or interference; ATTACHMENT 1
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4. The character, integrity, reputation, judgment, experience, and efficiency of the consultant, contractor, or vendor;

5. The quality of the contractor’sconsultant, contractor, or vendor’s performance on previous purchases or contracts with the City; and or requested references;

6. The consultant’s demonstrated competence for qualified professional services contracts; and,

7. The ability of the consultant, contractor, or vendor to provide future maintenance, repair, parts, and services for the use of the supplies purchased.

C. “Change order” means a change or addendum to an executed contract.

D. D. “Change order” means an amendment to a public wo rks contract that changes the contract’s scope of work to be performed, the amount of time to complete the work, the compensation to be paid for materials, labor, or equipment, and other material terms, conditions, and aspects of work.

E. “Consultant” means the party to a contract who is providing professional services to the City.

F. “Contract” for the purpose of this chapter means any formal written agreement to do a certain thing. “Contractbetween the City and a consultant, contractor, or vendor that creates mutual obligations that are enforceable by law. The basic elements for a contract are mutual assent, a valid offer and acceptance, consideration, capacity, and legality. For the purposes of this chapter, the terms “contract” and “agreement” are synonymous. The, and the term “contract” includes, but is not limited to, a purchase order or, blanket purchase order, a contract for general services, acontract for professional services, contract for maintenance, leasing of agreement for personal property or equipment, an addendum or change order, a letter agreement, a memorandum of agreement, and an amendment to any of those documents. The term “contract” does not include memorandums of understanding or memorandum of agreementthat do not create mutual obligations that are enforceable by law.

E. G. “Contractor” means the party to a general services contract who is providing general services to the City, and the party to a public works contract with the City for a public project.

H. “Demonstrated competence” means the ability to apply, and prior experience applying, the knowledge and skills required to perform the critical functions specified in the scope of work for a professional services agreement.

I. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (Reference: as defined by California Public Contract Code Section 1101). 1102, and the conditions defined as an “emergency” in LMC 2.56.020.

F. J. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following, but does not include work on a public project:

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d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

2. Repair, modification, and maintenance of cityCity equipment and software;technology products.

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of city supplies and equipmentCity goods;

4. Providing other miscellaneous services to facilitate cityCity operations;

5. Performing repair, demolition, or other work required to abate nuisances under this code;

6. Licensing software;

7. Leasing or rental of equipment (and personal property) for use by the City; as set forth in LMC 2.68.600; and,

8. A maintenance agreement for equipment owned or leased by the City;.

9. Sole source services.
“General services” does not include work defined as a public works contract.” G. K. ”Goods” means and includes all such supplies, materials, equipment, personal property, and other items purchased for the City for its operations, but “goods” does not include items furnished for a public project.

The term “goods” also includes equipment and personal property leased by the City as set forth in LMC

2.68.600.

L. “Low bid” means the bid with the lowest compensation amount proposed by a responsive bidder to a contract solicitation.

M. “Lowest responsive and responsible bidder” means the bidder for a public works contract who submits a bid that conforms to the material requirements set forth in the City’s solicitation document and who has also demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the work required.

N. “Professional services” means the services of an attorney, engineer, doctor,a specially trained and experienced person, firm, or corporation for special services in financial consultant, land surveying consultant, planning, environmental consultant, construction project manager, investment advisor, bank or trustee officer, or other professional or independent contractor., economic, accounting, engineering legal, and administrative matters within the scope of California Government Code Section 37103 as it may be amended from time to time, as well as similar services and other services such as medical services that require special training, experience, and educational certifications. “Professional services” shall also include usecontracts with providers of temporary personnel services.

H. O. “Public works contract” means any city contract for the performance of a “public project” means a public project as defined by California Public Contract Code Sections 20161 and 22002, as theythose statutes may be amended from time to time. “Public project” means any of, and includes the following:

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1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

2. Painting or repainting of any publicly owned, leased or operated facility.

3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

I. P. “Public works contract” means a City contract for a public project.

Q. “Qualified professional services” means architectural, landscape architectural, engineering, land surveying, and construction management services that are covered by California Government Code Section 4525 et seq., as those statutes may be amended from time to time, and that are required to be procured on the basis of demonstrated competence and professional qualifications.

R. “Responsible bidder,” as used in this chapter,” means a bidder for a public works contract who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience, to satisfactorily perform the work required.

S. “Responsive bidder” means a bidder for a contract for goods, services, or qualified professional services whose submitted bid conforms to the material requirements set forth in the City’s solicitation documents.

T. “Single source” means a consultant, contractor, or vendor of goods or services that are available from more than one source, but there is a compelling and justifiable reason such as product standardization to select a single consultant, contractor, or vendor.

U. “Sole source” means a consultant, contractor, or vendor who, to the best of the City’s knowledge based upon thorough research, is the only one capable of providing the City’s required goods or services solicited for the City’s needs and circumstances.

V. “Technology product” means hardware, software, and communications equipment, as well as related equipment or goods that incorporate any such items.

W. “Vendor” means the party to a contract who is selling goods, or leasing equipment or personal property, to the City.

2.68.140 Purchasing oversight.

The Administrative Services Director shall oversee and facilitate compliance with this chapter and the corresponding administrative regulations, including:
a. Staying informed of current developm ents in the field of purchasing; b. Staying informed of the procurement needs in the City’s departments; c. Prescribing and maintaining such forms as are re asonably necessary to the operation of this chapter and the purchasing policy;
d. Recommending updates to this chapter and making revisions to the administrative regulations, as needed;
e. Evaluating and recommending to the appropriate approval authority organization structures in City departments and divisions that optimize the procurement function; and, f. Coordinating the purchasing of goods and services t hat will be used by multiple City departments where feasible and practical.

2.68.150 Purchasing responsibilities of Department Heads.

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Each Department Head shall be aware of the procurement needs within their respective departments, and shall ensure that all City contracts for goods, services, and public projects for their respective departments are made in compliance with this chapter. The Community Development Director has the additional responsibility for ensuring the City Engineer complies with this chapter for public works contracts. Each Department Head shall ensure the persons preparing contracts for goods and services within their respective departments comply with the following:
a. Prepare solicitation materials, as needed, for each procurement; b. Make a good faith estimate of the compensation amount for each procurement to determine the appropriate solicitation procedure;
c. Ensure that the proper solicitation procedure is followed based on the estimated compensation amount for the procurement;
d. Evaluate received bids or proposals in accordance with the selection criteria and process described in this chapter and the administrative regulations;
e. Ensure that each contract for goods and services is awarded consistent with the requirements in this chapter and the administrative regulations;
f. Ensure that sufficient funds are appropriated to pay the compensation amount specified in notice inviting bids, including the projectthe contract;
g. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained appropriate insurance certificates with endorsement meeting the contract requirements, as applicable, before the contract is signed for the City, and thereafter maintains appropriate insurance certificates at all times during the term of the agreement;
h. Ensure that the consultant, c ontractor, or vendor selected for the contract award has obtained an appropriate City business license before the contract is signed for the City, and thereafter maintains an appropriate business license all times during the term of the agreement; i. Ensure that each contract for goods and servic es is signed by the consultant, contractor, or vendor before it is signed for the City;
j. Ensure that each contract for goods and services is signed for the City by a person or body with appropriate approval authority based on the contract’s compensation amount; k. Inspect goods, general services, equipment, and personal property delivered to the City to ensure their conformance with the contract specifications, prepared for the project bid by the City, to satisfactorily perform the public works contract. (Reference: Public Contract Code Section 1103).; J. “Short form contracts” are contracts, not to exceed $1,000, for the performance of short-term (e.g., hourly) services such as, for example, on-site training sessions, book readings, art instruction, artistic rendering or slideshow presentations determined to be of limited risk of liability to the City by the risk manager.

K. “Supplies and equipment” means and includes all such items purchased on behalf of the City except for supplies or materials finished for a public works project.

L. “Technology product” means hardware, software, or communications equipment; or related equipment or goods which incorporate any such items.
l. Inspect all equipment and personal property leased to the City to ensure it is in a fit and satisfactory condition for the City’s use and is free from defect so that it may be safely used for its intended purpose; m. Monitor the performance of consultant, contract or, or vendor under approved contracts to ensure compliance with contract requirements;
n. Recommend and prepare contract amendments as needed and ensuring that the amendments are approved and signed by a person or body with appropriate approval authority, and that sufficient funds are appropriated to pay for the compensation specified by the amendment; ATTACHMENT 1
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o. Ensure that due diligence is performed before preparing a written justificatio n for submission to the Administrative Services Director requesting an exception pursuant to LMC 2.68.360(B) to forego an informal solicitation or a competitive purchase process for a sole source or single source contract in accordance with this chapter and the administrative regulations; p. Take reasonable steps to avoid conflict s of interest in the purchasing process; q. Keep sufficient records of all departmental contracts and expenditures and ensuring that such records are properly filed and stored in accordance with the City’s records retention schedule; and, r. Submit reports to the Administrative Services Director showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so that the City Manager or their designee can transfer surplus or unused goods between departments, or sell, exchange, or trade in such supplies and equipment, if desired,
Article II. Contract Approval Authority

2.68.060 City Manager authority.

A. The City Manager is authorized to enter into and sign for and on behalf of the City, without the prior approval of the 200 City Council, general or professional service contracts or contracts for supplies and equipment: approval required.

1. Which contain maximum compensation up to $100,000. The City Manager may approve a change order or amendment to a general or professional service contract initially approved by the City Manager or the City Council, in an amount not to exceed an additional $100,000. However, amendments to a general or professional service contract initially approved by the City Manager that cumulatively exceed $100,000 must be approved by the City Council; and

2. For which moneys have been appropriated or will be appropriated at the earliest practicable time but in no event later than the next budget adoption.

B. In addition to the authority in subsection A of this section, the City Manager is authorized to enter into and execute, for and on behalf of the City, the following contracts:

1. City Council approval is required for all City contracts for goods, services, and public projects unless otherwise specified in this chapter, the LMC, or in another provision of federal or state law.

2.68.210 Budget appropriation required.

No City contract for goods, services, or public projects shall be awarded or signed for the City unless there exists an underlying and unencumbered budget appropriation in the fiscal year that the contract is awarded and signed. Contracts awarded in a fiscal year that are anticipated to extend into a subsequent fiscal year or years may be awarded by a person for body with the appropriate approval authority for the total compensation amount specified in the contract, but the contract shall be subject to the appropriation requirements specified in this section for subsequent years. Absent an existing unencumbered budget appropriation at the time of contract award, then a supplemental appropriation by the City Council is required before the City contract can be awarded and signed for the City.

2.68.220 Contract approval authorities.

as otherwise authorized by City Council resolution. Likewise, all amendments to contracts for goods and services, and all change orders to public works contracts, shall only be signed by a person or body with the appropriate approval authority as set forth herein.

B. Approval Authority. The authority to award, appro ve, and sign City contracts for goods, services, and public works projects for the City is as follows:

1. City Council. The City Council shall be the contract approval authority to award the following contracts by resolution, and may duly authorize a City officer or employee to sign the contracts for the City after City Council approval:
a. Contracts for goods and services that ha ve a compensation amount greater than $200,000. b. Public works contracts resulting from formal bidding procedures greater than the amount specified in California Public Contract Code Section 22032(c), as set forth in LMC 2.68.540, and change orders to public works contracts consistent with LMC 2.68.590.

2. Contracts for or for community social or recreational services, or for the use of cityCity property or facilities, in accordance with established administrative regulations and guidelines, which require no payment of money by the City in excess of $100200,000, or which provide for payment of money to the City under each contract.

3. Contracts for professional services in an amount up to $250,000 if:
a. A developer has deposited the full amount of the contract into a trust fund account. b. The deposited funds are to be used for a city-managed professional services contract, such as an environmental impact report.
c. For contracts entered into and executed by the City Manager as provided in subsection (B)(3) of this section, alterations, deviations, additions or deletions from the original scope of work for a professional services contract, which are determined by the City to be necessary during the progress of work, shall be documented by a supplemental agreement. The City Manager is authorized to enter into and execute, for ATTACHMENT 1
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and on behalf of the City, supplemental agreements for professional service contracts in the amount up to $50,000.

4. Public works contracts in accordance with the monetary limits for informal bidding set forth in Public Contract Code Section 22032, as it may be amended from time to time.

C. In an emergency endangering the lives, property or welfare of the people of the City or the property of the City, the City Manager may authorize the expenditure of any unencumbered moneys in the operating stabilization fund balance, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable therefor.

D. The City Manager may delegate in writing to any city department head or the Assistant City Manager, the authority to purchase or contract for specified supplies, services, and equipment as long as such purchases or contracts are made in conformity with the procedures established by this chapter.

2.68.070 e. The City Manager’s authority to enter into contracts and other documents for the City to settle litigation, government claims, and administrative proceedings is set forth in LMC Chapter

3.40. f. For operational efficiency and effe ctiveness, the City Manager may:

1. Delegate the approval authorities specified in this subsection to Department Heads as set forth in LMC 2.68.250, which delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations.

2. Approve, or delegate the approval, for the assignment of City contracts by a consultant, contractor, or vendor to a respective successor upon determining that the successor has the qualifications to satisfy the contract’s requirements and the successor has been assigned and has assumed all responsibilities in the contract owed to the City. Delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations, and all assignment approvals shall be in writing and retained with the contract.

3. Approve, or delegate the approval, for a consultant, contractor, or vendor’s use of subcontractor. Delegations shall be reflected in writing and incorporated into the City Manager’s administrative regulations, and all subcontractor approvals shall be in writing and retained with the contract.

3. City Attorney authority.

A. . The City Attorney is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Council, contractsshall be the contract approval authority for:

1. Which contain a maximum compensation up to $50,000 or less. As to a change order or amendment, the limit of authority may not exceed an additional $50,000; and

2. The object or purpose of which isa. Contracts for goods and services related to the activities or functions of the office of the City Attorney; and that have a compensation amount up to $150,000, and amendments to those contracts consistent with LMC 2.68.230.

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3. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; and

4. Which is for consultant or professional services, or for books, periodicals or other legal reference materials.

B. Additionally, the City Attorney is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Council, contracts:

1. Whichb. Contracts to appoint and retain outside legal counsel to prosecute lawsuits for the City or defend lawsuits against the City.

2. Which settle claims or litigation against the City for an amount not to exceed $100,000, without prior approval of the City Council. A legal settlement in excess of $10,000 requires the concurrence of the City Manager.

3. Whichthe City against lawsuits regardless of the compensation amount but subject to budget appropriation. The City Attorney’s authority to enter into contracts and other documents for the City to settle workers’ compensation claims or litigation, government claims, worker’s compensation claims, and administrative proceedings is set forth in LMC Chapter 3.40.

4. Which arec. Contracts for the City’s membership in public agencies organized and operating under California Government Code Section 6507 and related provisions of law that authorize the creation and operation of governmental joint powers authorities under California Law to self-insure and pool resources for excess losses, regardless of the compensation amount but subject to budget appropriation.

5. Which are to purchased. Contracts for insurance to protect and cover cityCity facilities and operations, and for trust accounts maintained to satisfy the City’s trust fund requirements for its excess liability pools, regardless of the compensation amount but subject to budget appropriation.

C. The City Attorney may designate in writing any senior assistant City Attorney or assistant City Attorney to purchase or contract for specified supplies, services and equipment as long as such purchases or contracts are made in conformity with the procedures established by this chapter.

2.68.075 Assistant City Manager authority.

A. The Assistant City Manager is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for the purchase of general or professional services or contract for supplies and equipment:

1. Which contains a maximum compensation amount of $50,000. As to a change order or amendment, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $50,000; and
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2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. The Assistant City Manager, with approval of the City Manager, may delegate in writing to any city department head the authority to purchase or contract for specified supplies, services and equipment as long as such purchases or contracts are made in conformity with the procedures established by this chapter.

C. The Assistant City Manager may execute contracts not to exceed $100,000, in the absence of the City Manager.

2.68.080 4. Administrative Services Director authority.

A. . The City Administrative Services Director is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for the purchase of general or professional services or contract for supplies and equipmentshall be the contract approval authority for:

1. Which contains a maximum. Contracts for goods and general services that have a compensation amount of $25up to $150,000. As to a change order or , and amendments those contracts consistent with LMC 2.68.230.
b. Contracts for professional services that have a compensation amount up to $100,000, and amendments those contracts consistent with LMC 2.68.230.

2.68.230 Contract amendment, approval authorities.

A. All contract amendments must be in writing, signed by a person or body with the limit of appropriate approval authority is 100 percent of specified in LMC 2.68.220, and properly filed and stored with the original contract, in accordance with the City’s records retention schedule. Oral contract amendments are specifically prohibited and shall not be binding on the City.

B. All amendments to contracts for goods and services, and change orders to public works contracts, shall be approved by the City Council or an officer or employee with the appropriate approval authority as set forth in either: (i) LMC 2.68.220 based upon the compensation amount in the amended contract, or at set forth; or, (ii) based upon the authority duly authorized by the City Council by resolution.

2.68.240 Contingency.

To account for unforeseen conditions that may impact the scope of work, pricing offered, quantity of goods or terms in a contract for goods and services, the City Manager has authority for an additional contract contingency amount not to exceed a cumulative additional amount of $25,000; and$20,000, which is in addition to the approval authority set forth in LMC 2.68.220, that may be used in the City Manager’s discretion to approve an amendment to a contract for goods and to ensure successful contract completion..

2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. 2.68.250 Delegation of contract approval authorities.

The contract approval authorities set forth in LMC 2.68.220 may be delegated as follows:
a. The City Manager may delegate contract approval and amendment authority in writing to a Department Head or other City employee if such delegation is deemed necessary for effective procurement. Such ATTACHMENT 1
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delegated contract approval authority shall not exceed the City Manager’s contract approval authority in LMC 2.68.220.
b. The City Attorney may delegate contract approv al and amendment authority in writing to other employees in the City Attorney’s Office if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the City Attorney’s contract approval authority in LMC 2.68.220. However, the City Attorney may only delegate the authority to review and approve contracts, bonds, or security as to form to attorneys within the City Attorney’s Office or otherwise designated by the City Attorney.
c. The Administrative Services Director may delegate contract approval and amendment authority in writing to other employees in the Administrative Service Department if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the Administrative Services Director’s contract approval authority in LMC 2.68.220.

2.68.260 Discretion to not award a contract.

Nothing in this chapter requires the City to award a contract for goods, services, or public works if the person or body with the appropriate approval authority for the contract determines, in that person or body’s discretion, that the award of the contract is not in the best interest of the City, and that person or body rejects all bids.

Article III. in writing to any CitySolicitation Procedures

2.68.300 General procedural requirements.

A. Prior to contracting for goods and services, t he Department Head or their designee for the initiating department or division head the authority to purchase or contract for specified supplies, services and equipment as long as such purchases or contracts are made in conformityshall:

1. Be responsible for conducting solicitations for ne eded goods or services, except as otherwise specified by the City Manager or Administrative Services Director or as specified in the administrative regulations;

2. Make a reasonable and good faith estimate of the anticipated compensation amount to be paid for the goods and services, which estimate shall be filed in the department’s procurement file;

3. Ensure solicitation is conducted in strict accordance with the procedures established by this chapter.in this Article III Solicitation Procedures and the administrative regulations;

2.68.090 Public Works Director and Community Development Director authority.

A. The Public Works Director and the Community Development Director are each authorized to enter into and sign for and on behalf of the City, without the prior approval of the City Council or the City Manager, a contract:

1. Which does not exceed $25,000. As to a change order or amendment, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $25,000; and

2. For which moneys have been appropriated and for which there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; and

3. Which is for general or professional services; or

4. Which is any one of the following:

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a. Is required as a condition of approval by the City Council or the Planning Commission; or b. The consideration to be paid by the City is to be reimbursed in full by an applicant for a land use permit; or
c. Is between the City and a public utility for work to be done for the City on property that is the direct concern to both the City and the public utility and, in addition, in the Director’s opinion, can be best or better performed, or more efficiently or expeditiously performed, or performed with less inconvenience to the public, or be more inexpensively performed, or be more safely performed, by the public utility than by others.

B. In addition to the authority in subsection A of this section, the Public Works Director and Community Development Director are each authorized to enter into and execute, for and on behalf of the City, a public works contract which does not exceed $25,000.

C. The Public Works Director or the Community Development Director may delegate in writing to division heads within his or her department the authority to contract for general or professional services.

2.68.100 Police Chief authority.

A. The Police Chief is authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for the purchase of professional services:

1. Which contains a maximum compensation amount of $25,000. As to a change order, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $25,000; and

2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. The Police Chief may delegate in writing to division heads within his or her department the authority to contract for professional services.

2.68.110 Library Services Director and Innovation and economic development director authority.

A. The Library Services Director and innovation and economic development director are each authorized to enter into and execute for and on behalf of the City, without the prior approval of the City Manager or City Council, a contract for general or professional services:

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1. Which contains a maximum compensation amount of $25,000. As to a change order or amendment, the limit of authority is 100 percent of the original contract, not to exceed a cumulative additional amount of $25,000; and

2. For which moneys have been appropriated and for which there is unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract.

B. The Library Services Director or innovation and economic development director may delegate in writing to division heads within his or her department the authority to contract for general or professional services.

Article III. Supplies, Equipment and General Services

2.68.340 Short form contracts.

Department heads or their designees are authorized to enter into short form contracts in an amount not to exceed $1,000.

2.68.350 Purchase of general services, sole source services or equipment, or supplies and equipment for $4. Ensure all solicitations are in writing. Oral quotes, bids, or proposals shall not be accepted;
5,000 or less.

For purchases of general services or supplies and equipment for $5,000 or less, additional purchasing procedures shall be established by an administrative regulation of the City Manager.

2.68.360 Purchases of general services or supplies and equipment for more than $5,000 and up to $50,000,
A. Quotation Requirement. The purchase of supplies, equipment and general services in an amount that is greater than $5,000 but less than $50,000 may be made . Ensure the documents and instructions to be used for soliciting bids, proposals, or price quotations shall be those provided and required by the Administrative Services Director in the open market, following the procedure prescribed in this article.;

1. Minimum Number of Quotations. Open-market purchases shall, whenever possible, be based on at least three quotations.

2. Notice Inviting Quotations. The6. If submitted bids or proposals exceed the compensation amounts for the solicitation procedures used for the contract, conducting a new solicitation if directed by the City Manager or Administrative Services Director; and,

7. Ensuring procurements are not split or separa ted into smaller components for the purpose of circumventing the solicitation or contract approval requirements specified in this chapter.

B. No consultant, contractor, or vendor who assisted the City’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor who assisted the City with the preparation of the solicitation, shall submit a bid, proposal, or quotation for the goods or services to be procured.

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C. All potential consultant, contractor, or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

D. The solicitation procedures in this Article III shall be followed for contracts for goods and services, and the solicitation procedures in Article V shall be followed for public works contracts for public projects.

2.68.310 Contracts for goods and services up to $10,000.

A solicitation process is not required for City contracts to procure goods and services that have compensation amounts that do not exceed $10,000. These contracts may be negotiated in the open market as specified in the administrative regulations and awarded by the person or body with the appropriate approval authority. However, nothing shall preclude City staff members from conducting price comparisons, utilizing the informal procedures, or the competitive bidding procedures based upon the City’s needs and circumstances to ensure the best overall value is obtained.

2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).

3. b. Quotations. Quotations Written quotations shall be submitted to the Administrative Services Director (or his or her designee),department representative, who shall keep a record of all open- market orders and quotes for a period of one year after the submission of quotes or placing of orders.. This record is open to public inspection. For a purchase of up to $15,000, the quotations may be verbal or written. For a purchase in an amount between $15,000 and $50,000, the All quotations shall be written (including facsimile and electronic mail).must be in writing.

4. c. Minimum number of quotations. The award of contracts using the informal solicitation process shall, whenever possible, be based on the solicitation of at least three written quotations. d. No Responsive Quotationsresponsive quotations. If no quotations, or no responsive quotations, are received after inviting quotations under this sectioninformal solicitation, the Administrative Services Director or City Manager may proceed to hire or have services performed or purchasenegotiate the supplies contract for the goods and services in the open market using the process set forth in LMC

2.68.310.

5. Award of Contract. The Administrative Services Director, or other department head if within his or her authority, is authorized to award a contract for $25,000 or less when the City Council has budgeted funds for the item(s) and the amount of the award is not more than the quoted amount.e. Basis for award. Under this sectionsubsection, a contract shallmay be awarded to the quotation representing the on either a best value as defined in LMC 2.68.040.or low bid basis, as determined by the Administrative Services Director or their ATTACHMENT 1
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designee prior to soliciting informal bids or proposals. The basis upon which the award is made shall be in writing.

B. Exceptions. The quotation procedure under this section may be dispensed with:

1. In an emergency as defined in LMC 2.68.040;

2. Where it is determined that supplies and equipment are unique or available only from included in the solicitation document, if one source, so that the quotation procedure required by this section would be meaningless. The basis upon which this determination is made shall be is used, or otherwise communicated in writing; to prospective bidders in the same manner as the solicitation.

3. Where supplies and equipment are purchased through a cooperative purchasing arrangement pursuant to LMC 2.68.390;

4. Where supplies and equipment are purchased through competitive or noncompetitive negotiations pursuant to LMC 2.68.380.

2.68.370 Purchase of general services or supplies and equipment for more than $50,000,.

A. Bidding Requirement. The Administrative Services Director shall purchase supplies, equipmentf. Award of contract and appropriation. The contract shall be awarded by the person or body with the appropriate approval authority to sign the contact for the City as set forth in LMC 2.68.210 based upon the contract’s compensation amount, provided that the City Council has budgeted funds for the contract. g. Payment and Performance Bonds. The Administrative Services Director has the authority to require a payment bond, a performance bond, or both, for a City contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the form for each bond must be approved as to form by the City Attorney

2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).

A. A competitive bidding process is required for City contracts to procure goods and general services of a valuewith compensation amounts greater than $50100,000 following the formal bid procedure prescribed. The competitive solicitation process shall comply with the procedures specified in this section.subsection and the administrative regulations as follows:

1. Notice Inviting Bids. The notice inviting bids shall include a general description of the articlesgoods or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
a. Published Notice. The notice inviting bids shall be published at least 10 business days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published locally. In addition, notice inviting bids may also be published electronically.
b. Bidders’ Bidder’s List. The Administrative Services Director may require a bidder’s list for competitive bidding, which requirements shall be specified in the Administrative Regulations for this Chapter. If a bidder’s list is required, then the notice inviting bids shall also solicit sealed bids from ATTACHMENT 1
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responsible prospective suppliersconsultants, contractors, or vendors whose names are on the bidders’bidder’s list.

2. Bidders’ Bidder’s Security. When deemed necessary, the Administrative Services Director shall require bidders’bidder security. Bidders as specified in the administrative regulations. The administrative regulations shall provide that bidders are entitled to the return of bid security upon execution of the contract or upon the readvertisement forCity’s republishing of a notice inviting bids;, provided, that a successful bidder forfeits his bid security upon refusal or failure to execute the contract within 10 business days after the notice of award of contract has been mailed, unless the City is responsible for the delay.

3. Bid Opening Procedure. Bidders shall submit sealed bids to the Administrative Services Director, and shall identify them as bids on the envelope as specified in the administrative regulations. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

4. Rejection of Bids. In their discretionIf it is determined to be in the best interest of the City, the City Manager or City Council may reject any and all bids presented, and may readvertise for. The City Manager or their designee shall have the authority to reject bids or proposals up to $200,000. Bids or proposals exceeding $200,000 shall be rejected by the City Council unless such authority is delegated to the City Manager.

5. No Responsive Bid. If no bid, or no responsive bid, is received after inviting bids under this section, the Administrative Services Director or City Manager may proceed to hire or havenegotiate a contract for the goods and services performed or purchase the supplies in the open market using the process set forth in LMC 2.68.310.

6. Award of Contract. The City Manager shall award a contract for the purchase of supplies, equipment or general services of a value of $100,000 or less. The City Council shall award a contract for the purchase of supplies or equipment or general services of a value greater than $100,000. Under this section, a contract shall be awarded to the bid representing the best value as defined in LMC 2.68.040. The basis upon which the award is made shall be in writing.

6. Award of Contract. The person or body with the app ropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract, provided that the City Council has budgeted funds for the contract.

In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.

7. Payment and/or Performance Bonds. The Administrative Services Director has the authority to require a payment and/or performance bond before entering a contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires a performance bondsuch bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and subjectthe bond must be approved as to approvalform by the City Attorney.

B. Exceptions. The bidding procedure under this section may be dispensedperson or body with:

1. In an emergency as defined in LMC 2.68.040;
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2. Where it is determined that the suppliesappropriate approval authority to award and equipment are unique or available only from one source, so that sign the bidding required by this section would be meaningless. The basis upon which this determination is made shall be in writing;

3. Where supplies and equipment are purchased through a cooperative purchasing arrangement pursuant to LMC 2.68.390;

4. Where supplies and equipment are purchased through competitive or noncompetitive negotiations pursuant to LMC 2.68.380;

5. If there is nocontract for the City may, in their discretion, waive inconsequential bid irregularities that do not give a bidder an unfair competitive advantage to be gained by soliciting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source), the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be in writing by a department head and directed to the City Managerover any other bidder.

C. It is unlawful to split into smaller orders the purchase of supplies, equipment or general services for the purpose of evading the competitive bidding provisions of this section.

2.68.380 Negotiated purchases.

A. Applicability. A purchase may be had by negotiations when the purchase is for:

1. A technology product, as defined in LMC 2.68.040;

2. An addition to, or repair or maintenance of, existing equipment which can be more efficiently added to, repaired or maintained by a particular company or manufacturer;

3. Equipment which must be compatible with existing equipment, by reason of the training of the personnel or an inventory of existing replacement parts kept by the City;

4. Public art (which may or may not also fall within the “sole source” exception); The affected department head shall state in writing the basis for a determination that this section applies. Before any purchase is made, that determination and the method of negotiation (competitive or noncompetitive) must first be approved by (1) the City Manager, when the purchase involves $25,000 or more, or (2) the Administrative Services Director, when the purchase involves less than $25,000.

B. Method of Negotiation. When a negotiated purchase is approved under subsection A of this section, the purchase may be made by either (1) competitive negotiation following a request for proposals or (2) noncompetitive negotiation.

C. Competitive Negotiation Following a Request for Proposals.

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1. 2.68.340 Contracts for professional services.

A. Contracts for professional services shall be solicited for award on the basis of demonstrated competence and the qualifications necessary for the satisfactory performance of the services, as determined by a consideration of the following criteria:

1. A compensation amount that is fair, reasonable, and competitive;

2. The quality of the services offered;

3. The consultant’s ability, capacity, and skill to provid e the services promptly, within the time specified, within budget, and without delay or interference;

4. The credentials and licenses of the person or business, if required;

5. The consultant’s character, integrity, reputa tion, judgment, training, experience, and efficiency;

6. The consultant’s knowledge of local conditions;

7. The consultant’s previous history of working on related projects or issues for the city, where such previous experience will allow the services to be performed more efficiently and will require less time spent on preparation and background research;

8. The sufficiency of the consultant’s fi nancial capacity and other resources; and

9. The consultant’s ability to provide such future service as may be needed.

B. Contracts for qualified professional services shall be solicited for award using either the informal solicitation process set forth in LMC 2.68.320 or the competitive bidding process set forth in LMC 2.68.330 based upon the compensation amount in the contract, and as required by applicable state and federal law, best value solicitations for architectural and engineering (A&E) services shall use a qualifications based selection (QBS) process where qualified professional service providers are evaluated and ranked based on demonstrated competence before compensation is considered.

C. The person or body with the appropriate approval aut hority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the professional services contract or qualified professional services contract, provided that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC 2.68.210 is required before the contract can be awarded.

2.68.350 Competitive negotiation following a request for proposals.

A. Competitive negotiation for City purchase contracts may be used in situations where goods and/or services cannot be exactly defined/specified or where solutions are sought such as consulting studies or software systems that require a qualitative evaluation process.

B. The process for competitive negotiation of contracts shall comply with the following as implemented in the administrative regulations:

1. Request for Proposals. Under this method, proposals are requested from a number of sources and the request for proposals is publicized. The request for proposals must identify all the significant evaluation factorscriteria upon which the offerors’ proposals will be evaluated, including price or cost as applicable, and theirthe relative importance of each criterion. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.

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2. Receipt of Proposals. Sealed proposals must be submitted by offerors by the date and time specified on the prescribed forms and shall be identified by the request-for-proposal number.

3. 3. Evaluation of Proposals. Submitted proposal s shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and other factors as necessary to determine a rank order of proposals.

4. Negotiation. The most qualified and responsive offeror will be selected for contract negotiation. If agreement cannot be reached with the first choice offeror, the second choice offeror (and then the third, and so on) will be contacted, with the first choice offeror (or other offerors, in order) dismissed from further consideration onfor that particular projectcontract. All elements of the negotiation process shall be documented by the negotiating department and submitted to the finance director.Administrative Services Director. Responsible offerors shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals. Any revisions are permitted after submission in writing and prior to the award of a contract. as necessary to meet the City’s requirements.

4. Award and Notification. An award may be made to the responsible offeror whose proposal will be the best value to the City, as defined in LMC 2.68.040. All offerors participating in the process shall be notified in writing on the terms and conditions of the successful award.

D. Noncompetitive Negotiations. When there is only one source, purchase can be made through solicitation and negotiation directly with that source. The affected department head shall state in writing the basis for the determination that this subsection applies, and before any purchase is made, that determination must be approved in writing by the City Manager (for $25,000 or more) or the Administrative Services Director (for less than $25,000).

2.68.390 Purchases of supplies and equipment through cooperate purchasing arrangements.

The Administrative Services Director may purchase supplies and equipment without complying with the quotation or bidding requirements of this chapter, if such purchases are based on an agreement or cooperative purchasing program entered into by any of the following public agencies, regardless of whether the City is a named party to the agreement or an actual participant in such a program:

A. 5. Award of Contract. The person or body with the appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract, provided that the City Council has budgeted funds for the contract. In the absence of a budget appropriation, a supplemental appropriation pursuant to LMC

2.68.210 is required before the contract can be awarded. Under this subsection, a contract may be awarded on either a best value or low bid basis, as determined by the City Manager or their designee prior to issuance of the solicitation. The basis upon which the award will be made shall be included in the solicitation document.

2.68.360 Exceptions to, and exemptions from, solicitation procedures.

A. Certain contracts for goods and services may not be adapt ed to award by either informal or competitive solicitation, but they may only be excepted or exempted from those processes as prescribed in this subsection.

B. Contracts for the following are exempted from the informal solicitation and competitive purchase processes:

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1. Emergency procurements awarded as se t forth in LMC 2.68.400 and 2.68.410;

2. Bonds;

3. Insurance;

4. Legal services;

5. Membership dues, conventions, training, and travel arrangements; and,

6. Advertisements in magazines, newspapers, or other media.

C. Contracts for the following are examples of that are eligible for an exception to forego an informal solicitation or competitive purchase processes with the Administrative Services Director’s approval as set forth in LMC 2.68.360(D):

1. Sole source procurements that can only be obtai ned from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;

2. Single source procurements that may be available from more than one source, but there is a compelling and justifiable reason such as product standardization to procure the required goods or services from a particular consultant, contractor, or vendor;

3. Contracts awarded in conjunction with cooperative purchasing programs, as set forth in LMC 2.68.370;

4. Equipment that must be compatible with existing equipment

5. Lobbying services;

6. Procurements funded by grants, donations or gift s when associated special conditions require the purchase of particular goods and/or services;

7. Works of art, entertainment, or performance;

8. Surplus personal property owned by another go vernmental, public, or quasi-public entity; and,

9. Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the City Manager may proceed to have the services performed or the goods procured without further competitive bidding.

D. Exceptions, but not exemptions, from the informal so licitation or competitive purchase process, are subject to review and approval by the Administrative Services Director as follows:

1. The person initiating the procurement must prepare a written justification to the Administrative Services Director or their designee to request an exception that sets forth the compelling reasons to justify the request and describe the due diligence and research performed that support an exception determination; and,

2. The Administrative Service’s Director or their designee may, in their discretion, approve a request for exception upon finding that there is no competitive advantage to be gained from soliciting bids. The Administrative Regulations shall specify the factors that the Administrative Services Director or their designee must consider when exercising the discretion authorized in this section.

appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.

F. Notwithstanding the exemptions and exceptions in this section, nothing shall preclude informal solicitation or competitive bidding when determined to be in the best interest of the City or when required by law.

2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.

A. The Administrative Services Director or their designee may initiate City contracts for goods and services without conducting an informal solicitation or competitive bidding, when then procurement is based on the following cooperative purchasing arrangements or programs:

1. The California Multiple Award Schedules (CMAS), the California Communities Purchasing Program, the Western States Contracting Alliance (“WSCA”), The Cooperative Purchasing Network (“TCPN”), the National Joint Powers Alliance, the County of Alameda, the County of Contra Costa; B. The U.S. Communities Government Purchasing Alliance or the ) and Federal General Services Administration (GSA Contracts) contracts.

C. 2. Where a consultant, contractor, or vendor wa s awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the City would have been required to use, the initial awarding public agency agrees to the purchase, and the initial contract was awarded within a reasonable timeframe relative to the City’s purchase.

3. Any other public, nonprofit or for profit cooperative purchasing programs or consortiums, provided the City’s:
a. The Administrative Services Director (or his or hertheir designee) approves of such participation in writing or if the underlying purchase was made using quotation or bid procedure at least as restrictive as the City’s.;
b. The City is a registered member of the cooperative; and, c. A membership fee is not required.

B. In all such cases, the supplies and equipmentgoods or services purchased must be the same or substantially similar and be offered at the same price as the supplies and equipment subject to the agreement or program, except that (:
1) up. Up to 10 percent variation is allowed for customizingensuring the orderrequired goods or for desirable options, (services meet City requirements;
2) a. A cost of living adjustment (using San Francisco-Oakland-San Jose Consumer Price Index – Urban, All Items) can be added for up to three years, and (3) the City Manager’s written approval is required for any extensions of contracts for supplies and equipment obtained through a cooperative purchasing program, provided such extensions do not exceed three years. included for the contract duration if approved by the appropriate contract award authority; and,

3. Any contract extensions beyond the initially-a warded term are approved by the appropriate award authority.

C. The City contract for goods and services solicit ed through a cooperative purchasing arrangement or program shall:

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1. Adhere to the general pr ocedural requirements in LMC 2.68.120 to the greatest extent possible, and shall include language to ensure the City receives the rights and benefits conferred upon the initial awarding agency; and

2. Be awarded and signed by the body or pers on with the appropriate approval authority.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Equipment leasingEmergency procurement authority.

A. Leasing of purchasable or nonpurchasable equipment shall be in accordance with LMC 2.68.350, 2.68.360 or 2.68.370, depending upon the cost of an annual lease.

B. Each contract for the leasing or rental of equipment for the City shall contain a provision permitting the City to terminate the contract at the end of any fiscal year during the term of the contract upon not less than 30 days’ written notice to the other party.

2.68.410 Inspection and testing.

A. Authority. The City Manager and Administrative Service Director, and their respective designees, are the contract approval authorities for City contracts for goods, services, and public projects awarded to expeditiously respond to conditions caused by the existence of a local emergency regardless of amount but subject the procedures in LMC 2.68.410.

B. Ratification by City Council. Upon exercise of the emergency procurement authority authorized by this section for a contract for goods and services, or for a public works contracts, with a compensation amount greater than $200,000, the City Manager shall make a full and complete report to the City Council at a noticed meeting as soon as practicable. Upon receipt of the report, the City Council shall ratify the contract upon determining it was awarded in response to a local emergency and shall also act on a public works contract as required by California Public Contract Code section 21068 and 22050, as applicable.

2.68.410 Emergency procurement procedures.

A. City contracts for goods, services, and public projects to expeditiously respond to conditions caused by the existence of a local emergency do not need to comply with the informal solicitation or competitive bidding requirements set forth in this chapter, but shall comply with the following procedures:

1. The scope of the contract is limited to good and serv ices, and public contracts, necessary to respond to the conditions caused by the local emergency;

2. To the extent practical unde r the circumstances, the contract shall be solicited, negotiated, and awarded:
a. Consistent with the solicitation procedures for goods and services set forth in Article III of this chapter; and,
b. Consistent with federal and state procurement standards to preserve the opportunity to obtain disaster reimbursement;

3. The Administrative Services Director, or his or hertheir designee, may inspect supplies, equipment and general services delivered, and determine their conformance with the specifications set forth in the order or ATTACHMENT 1
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contract. The shall submit a written report of the emergency procurement to the City Manager, including a description of the local emergency and the basis for selection of the particular contractor; and,

4. For a local emergency proclaimed pursuant to LMC 2.56.060, a copy of all emergency contracts awarded and the Administrative Services Director has the authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications. Director’s emergency procurement report shall also be filed in the emergency operations center and attached to the City Manager’s report to the City Council required by LMC 2.68.400.B, and the original shall be properly filed and stored with the contract in accordance with the City’s records retention schedule.

2.68.0420 Purchases of supplies and equipment through cooperative purchasing arrangements.

Repealed by Ord. 1637.

2.68.430 Surplus supplies and equipment.

Each department shall submit to the Administrative Services Director, at such times and in such forms as the Director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.

The Administrative Services Director, or his or her designee, may surplus the service weapons of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department.

The Administrative Services Director, or his or her designee, may surplus the badges of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department, upon an employee being promoted to a higher classification within the department, or for employees who resign in good standing with a minimum of 10 years of service with the Livermore police department.

City Manager approval is needed for disposition of supplies and/or equipment when the total estimated value exceeds $5,000. Disposition may include abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations and may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction.

Services of a paid auctioneer may be used, as appropriate. The Administrative Services Director also has the authority to make transfers between departments of any usable surplus supplies or equipment and which are $5,000 or less in value.

B. City contracts for public projects to expeditiously respond to conditions caused by the existence of a local emergency shall also comply with emergency contracting procedures set forth in California Public Contract Code section 21068, 22025, and 22050, as applicable.

Article V.Article IV. Public Projects

2.68.500 Public project contracting procedures.

limitations under Section 22032 of the Act, as it may be amended from time to time. The City Manager shall be authorized to establish and implement administrative regulations, policies, and procedures consistent with the Act and this chapter. At the appropriate time each year, the Administrative Services Director or their designee shall prepare a notice of the contract amounts for the informal bidding and formal bidding requirements set forth in LMC 2.68.530 and LMC 2.68.540, and the contract approval and rejection authorities set forth in LMC

2.68.570 and 2.68.580.

2.6568.510 Bid splitting prohibited.

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.

2.68.520 Contractors list.

A list of contractors shall be developed and maintained in accordance with the provisions of the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission, referred to as “the Commission” for the purposes of this article.

2.68.530 Informal bidding – Notice.

A. Where a public project to be performed is subject to the informal bidding provisions of the Act and this chapter, a notice inviting informal bids shall be delivered by mail, fax, or electronic mail to all contractors for the category of work to be bid, as shown on the list developed in accordance with LMC 2.68.520 and/or may be delivered to all construction trade journals as specified by the Commission in accordance with the Act. Delivery of notices to contractors pursuant to this section shall be completed not less than 10 calendar days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided, however:

1. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent to only the construction trade journals specified by the Commission.

2. If the product or service is such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

B. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

2.68.540 Formal bidding – Notice.

When a public project to be performed requires formal bidding, notice of such project shall be given as follows unless an exception to competitive bidding applies:
a. A. The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
b. B. The notice shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation, printed and published in the City; or if there is no newspaper printed and published within the jurisdiction of the City, in a newspaper of general circulation which is circulated within the City; or if there is no newspaper which is circulated within the jurisdiction of the City, publication shall be by posting the notice in at least three places within the jurisdiction of the City as have been designated by ordinance or regulation of the City for the posting of its notices. c. C. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the Commission. The notice shall be sent at least 15 calendar days before the date of opening the bids.

ATTACHMENT 1
47 28

2.68.550 Exceptions.

Bidding required by LMC 2.68.540 may be dispensed with:
a. A. In an emergency as defined by LMC 2.68.040 130 pursuant to the procedures contained in the California Public Contract Code;
b. B. Design-build contracts, provided they are consistent with the requirement of the California Public Contract Code; or
c. C. If there is no competitive advantage to be gained by inviting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source, and where the low bid benefits are otherwise satisfied by the Act), so that the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be made by the City Council upon recommendation by the city engineer.

2.68.560 Modification of public works contracts.

Alterations, deviations, additions, or deletions from the original scope of work for public works projects which are determined by the City to be necessary during the progress of work shall be documented by written change orders or amendments.

A. The Community Development Director, Public Works Director, and city engineer, or their designee, may authorize change orders or amendments up to a cumulative amount not exceeding $25,000.

B. The City Manager may authorize change orders or amendments up to a cumulative amount not exceeding $50,000 or 10 percent of the overall contract price, whichever is greater.

C. The cost of each change order or amendment shall be determined by a fair and reasonable valuation, agreed to in writing by the Community Development Director or Public Works Director or designees and an authorized representative of the contractor, and shall be added to or deducted from the contract price.

2.65.570 Contracts for maintenance and other work.

Contracts for maintenance, as defined by California Public Contract Code Section 22002 and LMC

2.68.040(F130(J)(1), and for any other work which does not fall within that section’s definition of public projects, may be bid pursuant to the informal bidding procedures in LMC 2.68.530 and the formal bidding procedures in LMC 2.68.540.

2.68.580570 Award of public works contracts.

A. The City Manager is authorized to award public works contracts in accordance with the monetary limits for negotiated contracts or purchase orders as set forth in the Act, as now existing or hereafter amended.

B. The City Manager is authorized to award public works contracts in accordance with monetary limits for informal procedures as set forth in the Act, as now existing or hereafter amended, and this chapter to the lowest, responsive, and responsible bidder. If all bids are received in excess of the City Manager’s monetary authority, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, subject to monetary limits set forth in the Act for informal bidding, as now existing or hereafter amended, if the City Council determines the cost estimate of the public agency was reasonable.

ATTACHMENT 1
48 29

C. Contracts subject to formal bidding under the Act shall be awarded, if at all, by the City Council to the lowest, responsive, and responsible bidder.

2.68.590580 Rejection of bids.

The City Manager or the City Council, as the case may be, may in the City Manager’s or City Council’stheir discretion, reject allany bids received and proceed as authorized by the Act. The City Manager may reject any bids that do not exceed the threshold for informal bids as specified in Public Contract Code Section 22032(b); bids exceeding this amount shall be rejected by the City Council unless otherwise delegated.

2.68.6002.68.590 Change orders to public works contracts.

A. Change orders to a public works contract that amend the original scope of work as determined to be necessary by the City during the progress of work shall be documented in writing.

B. The City Manager or their designee may authorize c hange orders up to a cumulative amount not exceeding $200,000 or 10 percent of the overall contract price, whichever is greater. All other change orders must be approved by the City Council.

C. The cost of each change order shall be determined by a fair and reasonable valuation, agreed to in writing by the City Manager, or their designee, and an authorized representative of the contractor, and shall be added to or deducted from the compensation amount in the public works contract.

2.68.595 Approval of plans, specifications, and designs.

In accordance with GovernmentCalifornia Public Contract Code Section 830.6 22039, as it may be amended from time to time, the City Council hereby delegates authority to the city engineerCity Engineer, or their designee, to approve plans, specifications and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all cityCity public works contracts.

Article VI. Additional Requirements

2.68.600 Leasing of equipment and personal property.

Leasing of purchasable or non-purchasable equipment and personal property shall follow the solicitation, award, and contract signing procedures set forth in this chapter based upon the compensation amount for the contract.

Each contract for the leasing of equipment and personal property shall contain a provision permitting the City to terminate the contract at the end of any fiscal year during the contract term of the contract upon not less than 30 days’ written notice to the other party. Leases for equipment and personal property that use a vendor’s forms shall conform to general requirements in LMC 2.68.120 to the maximum extent possible.

2.68.610 Inspection and testing.

A. The Department Head or their designee shall in spect supplies, equipment, personal property, and general services delivered, and determine their conformance with the specifications set forth in the order or contract.

B. The Department Head or their designee shall insp ect all equipment and personal property leased to the City to ensure it is in a fit and satisfactory condition for the City’s use and is free from defect so that it may be safely used for its intended purpose.

C. The Department Head has the authority to require ch emical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine their quality and conformance with specifications.

2.68.620 Surplus supplies and equipment.

ATTACHMENT 1
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A. Each department shall submit to the Administrative Services Director, at such times and in such forms as the Director prescribes, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director has the authority to sell or otherwise dispose of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use, or to exchange the same for or trade the same in on new supplies and equipment.

B. The Administrative Services Director or their desi gnee may surplus the service weapons of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department.

C. The Administrative Services Director or their designee may surplus the badges of employees of the Livermore police department upon an employee’s retirement from service with the Livermore police department, upon an employee being promoted to a higher classification within the department, or for employees who resign in good standing with a minimum of 10 years of service with the Livermore police department.

D. The Administrative Services Director or their designee may surplus Livermore police department service animals upon an animal’s retirement from service with the Livermore police department, to the employee handler or otherwise.

E. City Council approval is needed for disposition of supplies and/or equipment when the total estimated value exceeds $200,000. Disposition may include abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations and may include city property which has no commercial value or for which the estimated cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction. Services of a paid auctioneer may be used, as appropriate. The Administrative Services Director also has the authority to make transfers between departments of any usable surplus supplies or equipment and which are $5,000 or less in value.

2.68.630 Ethics.

A. City employees shall discharge thei r duties impartially to assure fair competitive access to City procurement opportunities by responsible consultants, contractors, and vendors. Moreover, City employees shall conduct themselves in such a manner as to foster public confidence in the integrity of City procurement activities.

B. No City employee shall participate directly or i ndirectly in a City procurement when the employee knows that:

1. The employee or any member of the employee’s imm ediate family has a financial interest pertaining to the procurement; or

2. The employee or any member of the employee’s immediate family is negotiating or has an employment arrangement that is contingent upon, or will be affected by, the procurement.

C. Upon discovery of an actual or potential conflict of interest, an employee shall promptly inform the Administrative Services Director and withdraw from further participation in the procurement.

D. No person shall offer, give, or agree to give any Ci ty employee any gratuity or offer of employment in connection with a procurement by the City. No City employee shall solicit, demand, accept or agree to accept from any other person a gratuity or an offer of employment in connection with a procurement by the City.

the preparation of, bid or proposal documents, shall submit a bid, proposal, or quotation for the goods or services to be procured.

F. All potential consultant, contractor , or vendors shall avoid any behavior that might influence any elected or appointed officials to interfere with a solicitation, and they shall limit their communications with the City of Livermore to the person responsible for conducting that solicitation and the Administrative Services Director.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

2.68.640 Environmentally preferable purchases.

A. The administrative regulations shall incorporate the City’s Environmentally Preferable Purchasing and Practices Policy for environmental considerations including recycled-content and recovered organic waste product use into purchasing practices and procedures.

B. All vendors providing paper products, printing, and writing paper, and organic waste products must comply with relevant state law and city requirements.

ATTACHMENT 1
51 ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE AMENDING AND RESTATING CHAPTER 2.68 CONTRACTS AND

PURCHASING OF THE LIVERMORE MUNICIPAL CODE TO UPDATE THE

DELEGATIONS OF AUTHORITY, AS WELL AS THE REQUIREMENTS AND

RESPONSIBILITIES FOR SOLICITING AND AWARDING CONTRACTS TO

PROCURE GOODS, SERVICES, AND PUBLIC PROJECTS

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

Section 1. Authority. This ordinance is adopted pursuant to the City of Livermore’s police power authority established in section 7, article XI of the California Constitution, and California Government Code sections 830.6, 4002, 4526, 37103, 53060, 53069.85, 54201-54205, California Labor Code sections 1720-1743, and California Public Contract Code sections 1101, 22200, 20161, 22002.

Section 2. Purpose. This ordinance makes several changes to the Livermore Municipal Code Chapter 2.68 Contracts and Purchasing to update the delegations of contracting authority by the City Council to specified staff members to approve and execute contracts for goods, services, and public projects on behalf of the City, and to update the City’s requirements and responsibilities for the solicitation and award of contracts for goods, services, and public projects.

Section 3. Amendment – Municipal Code. The Livermore Municipal Code Chapter 2.68 Contracts and Purchasing is hereby amended and restated to read as set forth in Exhibit A, attached hereto.

Section 4. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.

Section 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.
52 ORDINANCE NO. ________
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on June 24, 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 July 8, 2024, 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/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – LMC 2.68
53 1
Chap
ter 2.68

CONTRACTS AND PURCHASING
Article I. General

2.68.100 Purpose and application.

2.68.110 Purchasing policy and implementing procedures.

2.68.120 General procedural requirements for contracts.

2.68.130 Definitions.

2.68.140 Purchasing oversight.

2.69.150 Purchasing re sponsibilities of Department Heads.

Article II. Contract Approval Authority

2.68.200 City Council approval required.

2.68.210 Budget appropriation required.

2.68.220 Contract approval authorities.

2.68.230 Contract amendment approval authorities.

2.68.240 Contingency.

2.68.250 Delegation of contract approval authorities.

2.68.260 Discretion to not award a contract.

Article III. Solicitation Procedures

2.68.300 General procedural requirements.

2.68.310 Contracts for goods and services up to $10,000.

2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).

2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).

2.68.340 Contracts for professional services.

2.68.350 Competitive negotiation following a request for proposals.

2.68.360 Exceptions to, and exempti ons from, solicitation procedures.

2.68.370 Contracts for goods and services procur ed through cooperative purchasing arrangements.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Emergency proc urement authority.

2.68.410 Emergency proc urement procedures.

Article V. Public Projects

2.68.500 Public project contracting procedures.

2.68.510 Bid splitting prohibited.

2.68.520 Contractors list.

2.68.530 Informal bidding – Notice.

2.68.540 Formal bidding – Notice.

2.68.550 Exceptions.

2.68.560 Contracts for maintenance and other work.

2.68.570 Award of public works contracts.

2.68.580 Rejection of bids.

2.68.690 Change orders to public works contracts.

2.68.595 Approval of plans, specifications, and designs.

Article VI. Additional Requirements

2.68.600 Leasing equipment and personal property.

EXHIBIT A
54 2

2.68.610 Inspection and testing.

2.68.620 Surplus supplies and equipment.

2.68.630 Ethics.

2.68.640 Environmentally preferable purchases.

EXHIBIT A
55 3

Article I. General

2.68.100 Purpose and application.

The purpose of this chapter is to:
a. Clearly define authority for the City’s purchasing function and delegate authority to persons to sign City contracts to procure goods and services, and for public projects; b. Establish efficient procedures to award and sign City contracts to procure goods, general services, and professional services;
c. Establish efficient procedures to award and sign public works contracts for the City; d. Ensure City contracts for goods, general servic es, and public projects are awarded at the lowest possible cost commensurate with quality needed;
e. Ensure contracts for qualified professional servic es are awarded to qualified consultants at the lowest possible cost commensurate with quality needed, and all contracts for professional services are awarded to the consultants best able to provide the needed services at a cost commensurate with the quality needed;
f. Ensure the quality of the goods and services purcha sed by the City are fit for their intended purpose; and,
g. Exercise positive financial contro l over City procurement contracts.

Except as otherwise provided herein, this chapter applies to all City contracts goods, services, and public projects, but it does not apply to other City contracts.

2.68.110 Purchasing policy and implementing procedures.

Other relevant provisions of law or regulation notwithstanding, this chapter establishes the City’s purchasing policy. For operational efficiency and effectiveness, the City Manager is directed to prepare administrative regulations to implement the provisions of this chapter in coordination with the Administrative Services Director and the City Attorney, or their respective designees. In the event of a conflict between the administrative regulations and the provisions of this chapter, the provisions of this chapter shall govern. In the event of a conflict between this chapter and a state or federal law, the provisions of the state or federal law shall govern.

2.68.120 General procedural requirements for contracts.

A. All City contracts for goods, services, and public projects shall conform with the procedural requirements set forth in this chapter to solicit, award, and sign contracts for the City, except as otherwise specified elsewhere in the LMC, or in state or federal law.

B. The general procedural requirements for all City contracts for goods, services, and public projects are as follows:

1. All City contracts for goods, services, and public projects shall be in writing and shall be awarded as set forth in this chapter and signed in the name of the City by the body or person with the appropriate approval authority. Oral contracts are specifically prohibited and shall not be binding on the City;

2. As applicable, all City contracts for goods, services, and public projects must include appropriate insurance provisions as required by the City’s Risk Manager or their designee, and indemnity provisions as required by the City Attorney or their designee;

3. As applicable, all public works contracts must include the appropriate bonds or other security as required by the California Civil Code, the California Public Contracts Code, and other applicable law and regulation for the public work, in the maximum amounts allowed by law, as well as warranty and maintenance bonds specified by the City Manager in the administrative regulations for public projects;

EXHIBIT A
56 4

5. A signed original of each City contract for goods, services, and public works shall be filed with the City Clerk’s Office, except for purchase orders that shall be filed in the Administrative Services Department as directed by the Administrative Services Director;

6. For operational efficiency and effe ctiveness, the City Manager or their designee may, in coordination with the City Attorney and Risk Manager, establish the conditions for the use of purchase orders or other efficient forms or methods of procurement in place of, or in addition to, duly signed written contracts, which conditions shall be reflected in the administrative regulations; and,

2.68.130 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “Administrative Services Director” means the Administrative Services Director of the City who is the City’s purchasing agent pursuant to LMC 2.28.030.

B. “Amendment” means any change to a contract.

C. “Best value means the best overall value to the Ci ty for goods, general services, and qualified professional services contracts based on all factors, including, but not limited to, the following:

1. Total cost;

2. The ability, capacity, and skill of the consultant, contractor, or vendor to provide the desired goods and services;

3. The ability of the consultant, cont ractor, or vendor to provide the desired goods and services promptly or within the time specified without delay or interference;

4. The character, integrity, reputation, judgment, experience, and efficiency of the consultant, contractor, or vendor;

5. The quality of the consultant, contractor, or vendor’s performance on previous purchases or contracts with the City or requested references;

6. The consultant’s demonstrated competence for qualified professional services contracts; and,

7. The ability of the consultant, contractor, or ve ndor to provide future maintenance, repair, parts, and services for the use of the supplies purchased.

D. “Change order” means an amendment to a public works contract that changes the contract’s scope of work to be performed, the amount of time to complete the work, the compensation to be paid for materials, labor, or equipment, and other material terms, conditions, and aspects of work.

E. “Consultant” means the party to a contract who is providing professional services to the City.

EXHIBIT A
57 5

F. “Contract” for the purpose of this chapter mean s any formal written agreement between the City and a consultant, contractor, or vendor that creates mutual obligations that are enforceable by law. The basic elements for a contract are mutual assent, a valid offer and acceptance, consideration, capacity, and legality. For the purposes of this chapter, the terms “contract” and “agreement” are synonymous, and the term “contract” includes, but is not limited to, a purchase order, blanket purchase order, contract for general services, contract for professional services, contract for maintenance, leasing agreement for personal property or equipment, letter agreement, memorandum of agreement, and an amendment to any of those documents. The term “contract” does not include memorandums of understanding that do not create mutual obligations that are enforceable by law.

G. “Contractor” means the party to a general services contract who is providing general services to the City, and the party to a public works contract with the City for a public project.

I. “Emergency” means a sudden, une xpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as defined by California Public Contract Code Section 1102, and the conditions defined as an “emergency” in LMC 2.56.020.

J. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including but not limited to the following, but does not include work on a public project:

1. “Maintenance work” as defined by California Publ ic Contract Code Section 22002, as it may be amended from time to time, which includes all of the following:
a. Routine, recurring, and usual work for the preser vation or protection of any publicly owned or publicly operated facility for its intended purposes.
b. Minor repainting.
c. Resurfacing of streets and highways less than one inch. d. Landscape maintenance, including mowing, wateri ng, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

2. Repair, modification, and maintenance of City equipment and technology products.

3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of City goods;

4. Providing other miscellaneous serv ices to facilitate City operations;

5. Performing repair, demolition, or other work required to abate nuisances;

6. Licensing software;

7. Leasing of equipment and personal property for us e by the City as set forth in LMC 2.68.600; and,

EXHIBIT A
58 6

8. A maintenance agreement for equipment owned or leased by the City.

K. ”Goods” means and includes all such supplies, materials, equipment, personal property, and other items purchased for the City for its operations, but “goods” does not include items furnished for a public project.

The term “goods” also includes equipment and personal property leased by the City as set forth in LMC

2.68.600.

L. “Low bid” means the bid with the lowest compensation amount proposed by a responsive bidder to a contract solicitation.

N. “Professional services” means the services of a specially trained and experienced person, firm, or corporation for special services in financial, economic, accounting, engineering legal, and administrative matters within the scope of California Government Code Section 37103 as it may be amended from time to time, as well as similar services and other services such as medical services that require special training, experience, and educational certifications. “Professional services” shall also include contracts with providers of temporary personnel services.

O. “Public project” means a public project as defined by California Public Contract Code Sections 20161 and 22002, as those statutes may be amended from time to time, and includes the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.

2. Painting or repainting of any publicly owned, leased or operated facility.

3. In the case of a publicly owned utility system, “ public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

P. “Public works contract” means a City contract for a public project.

R. “Responsible bidder” means a bidder for a public works contract who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the work required.

EXHIBIT A
59 7

V. “Technology product” means hardware, software, and communications equipment, as well as related equipment or goods that incorporate any such items.

W. “Vendor” means the party to a contract who is selling goods, or leasing equipment or personal property, to the City.

2.68.140 Purchasing oversight.

2.68.150 Purchasing responsibilities of Department Heads.

Each Department Head shall be aware of the procurement needs within their respective departments, and shall ensure that all City contracts for goods, services, and public projects for their respective departments are made in compliance with this chapter. The Community Development Director has the additional responsibility for ensuring the City Engineer complies with this chapter for public works contracts. Each Department Head shall ensure the persons preparing contracts for goods and services within their respective departments comply with the following:
a. Prepare solicitation materials, as needed, for each procurement; b. Make a good faith estimate of the compensation amount for each procurement to determine the appropriate solicitation procedure;
c. Ensure that the proper solicitation procedure is followed based on the estimated compensation amount for the procurement;
d. Evaluate received bids or proposals in accordance with the selection criteria and process described in this chapter and the administrative regulations;
e. Ensure that each contract for goods and services is awarded consistent with the requirements in this chapter and the administrative regulations;
f. Ensure that sufficient funds are appropriated to pay the compensation amount specified in the contract; g. Ensure that the consultant, contractor, or vendor selected for the contract award has obtained appropriate insurance certificates with endorsement meeting the contract requirements, as applicable, before the contract is signed for the City, and thereafter maintains appropriate insurance certificates at all times during the term of the agreement;
h. Ensure that the consultant, c ontractor, or vendor selected for the contract award has obtained an appropriate City business license before the contract is signed for the City, and thereafter maintains an appropriate business license all times during the term of the agreement; i. Ensure that each contract for goods and servic es is signed by the consultant, contractor, or vendor before it is signed for the City;

EXHIBIT A
60 8

j. Ensure that each contract for goods and services is signed for the City by a person or body with appropriate approval authority based on the contract’s compensation amount; k. Inspect goods, general services, equipment, and personal property delivered to the City to ensure their conformance with the contract specifications;
l. Inspect all equipment and personal property leased to the City to ensure it is in a fit and satisfactory condition for the City’s use and is free from defect so that it may be safely used for its intended purpose; m. Monitor the performance of consultant, contract or, or vendor under approved contracts to ensure compliance with contract requirements;
n. Recommend and prepare contract amendments as needed and ensuring that the amendments are approved and signed by a person or body with appropriate approval authority, and that sufficient funds are appropriated to pay for the compensation specified by the amendment; o. Ensure that due diligence is performed before preparing a written justificatio n for submission to the Administrative Services Director requesting an exception pursuant to LMC 2.68.360(B) to forego an informal solicitation or a competitive purchase process for a sole source or single source contract in accordance with this chapter and the administrative regulations; p. Take reasonable steps to avoid conflict s of interest in the purchasing process; q. Keep sufficient records of all departmental contracts and expenditures and ensuring that such records are properly filed and stored in accordance with the City’s records retention schedule; and, r. Submit reports to the Administrative Services Director showing all departmental supplies and equipment that are no longer used or have become obsolete or worn out so that the City Manager or their designee can transfer surplus or unused goods between departments, or sell, exchange, or trade in such supplies and equipment, if desired,
Article II. Contract Approval Authority

2.68.200 City Council approval required.

City Council approval is required for all City contracts for goods, services, and public projects unless otherwise specified in this chapter, the LMC, or in another provision of federal or state law.

2.68.210 Budget appropriation required.

2.68.220 Contract approval authorities.

A. General. All City contracts for goods, services, and public projects shall only be awarded and signed by a person or body with the appropriate approval authority for the City as set forth in this subsection 2.68.220 or as otherwise authorized by City Council resolution. Likewise, all amendments to contracts for goods and services, and all change orders to public works contracts, shall only be signed by a person or body with the appropriate approval authority as set forth herein.

B. Approval Authority. The authority to award, appro ve, and sign City contracts for goods, services, and public works projects for the City is as follows:

EXHIBIT A
61 9

2. City Manager. The City Manager sha ll be the contract approval authority for:
a. Contracts for goods and services that have a compensation amount up to $200,000, and amendments to contracts for goods and services as set forth in LMC 2.68.230. b. Public works contracts for resulting from informal bidding procedures up to the amount specified in California Public Contract Code Section 22032(b), as set forth in LMC 2.68.530, and change orders to public works contracts consistent with LMC 2.68.590. c. Goods and services c ontracts, the cost of which will be fully paid or reimbursed to the City, regardless of the compensation amount.
d. Contracts with public agencies or public utility companies regarding construction of public improvements or utility facilities, or for community social or recreational services, or for the use of City property or facilities in accordance with established administrative regulations and guidelines, which require no payment of money by the City in excess of $200,000 or which provide for payment of money to the City under each contract.
e. The City Manager’s authority to enter into c ontracts and other documents for the City to settle litigation, government claims, and administrative proceedings is set forth in LMC Chapter 3.40. f. For operational efficiency and effe ctiveness, the City Manager may:

3. City Attorney. The City Attorney shall be the contract approval authority for:
a. Contracts for goods and services related to the activities or functions of the office of the City Attorney that have a compensation amount up to $150,000, and amendments to those contracts consistent with LMC 2.68.230.

EXHIBIT A
62 10

b. Contracts to appoint and retain outside legal counsel to prosecute lawsuits for the City or defend the City against lawsuits regardless of the compensation amount but subject to budget appropriation.

The City Attorney’s authority to enter into contracts and other documents for the City to settle litigation, government claims, worker’s compensation claims, and administrative proceedings is set forth in LMC Chapter 3.40.
c. Contracts for the City’s membership in pub lic agencies organized and operating under California Government Code Section 6507 and related provisions of law that authorize the creation and operation of governmental joint powers authorities under California Law to self-insure and pool resources for excess losses, regardless of the compensation amount but subject to budget appropriation.
d. Contracts for insurance to protect and cover City facilities and operations, and for trust accounts maintained to satisfy the City’s trust fund requirements for its excess liability pools, regardless of the compensation amount but subject to budget appropriation.

4. Administrative Services Director. The Administra tive Services Director shall be the contract approval authority for:
a. Contracts for goods and general services that have a compensation amount up to $150,000, and amendments those contracts consistent with LMC 2.68.230. b. Contracts for professional services that have a compensation amount up to $100,000, and amendments those contracts consistent with LMC 2.68.230.

2.68.230 Contract amendment approval authorities.

A. All contract amendments must be in writing, signed by a person or body with the appropriate approval authority specified in LMC 2.68.220, and properly filed and stored with the original contract in accordance with the City’s records retention schedule. Oral contract amendments are specifically prohibited and shall not be binding on the City.

2.68.240 Contingency.

To account for unforeseen conditions that may impact the scope of work, pricing offered, quantity of goods or terms in a contract for goods and services, the City Manager has authority for an additional contract contingency amount not to exceed $20,000, which is in addition to the approval authority set forth in LMC 2.68.220, that may be used in the City Manager’s discretion to approve an amendment to a contract for goods and to ensure successful contract completion..

2.68.250 Delegation of contract approval authorities.

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b. The City Attorney may delegate contract approv al and amendment authority in writing to other employees in the City Attorney’s Office if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the City Attorney’s contract approval authority in LMC 2.68.220. However, the City Attorney may only delegate the authority to review and approve contracts, bonds, or security as to form to attorneys within the City Attorney’s Office or otherwise designated by the City Attorney.
c. The Administrative Services Director may dele gate contract approval and amendment authority in writing to other employees in the Administrative Service Department if such delegation is deemed necessary for effective procurement. Such delegated contract approval authority shall not exceed the Administrative Services Director’s contract approval authority in LMC 2.68.220.

2.68.260 Discretion to not award a contract.

Article III. Solicitation Procedures

2.68.300 General procedural requirements.

A. Prior to contracting for goods and services, t he Department Head or their designee for the initiating department shall:

2. Make a reasonable and good faith estimate of the anticipated compensation amount to be paid for the goods and services, which estimate shall be filed in the department’s procurement file;

3. Ensure solicitation is conducted in strict accordance with the procedures established in this Article III Solicitation Procedures and the administrative regulations;

4. Ensure all solicitations are in writing. Oral quotes, bids, or proposals shall not be accepted;

5. Ensure the documents and instructions to be used for soliciting bids, proposals, or price quotations shall be those provided and required by the Administrative Services Director;

6. If submitted bids or proposals exceed the compen sation amounts for the solicitation procedures used for the contract, conducting a new solicitation if directed by the City Manager or Administrative Services Director; and,

7. Ensuring procurements are not split or separa ted into smaller components for the purpose of circumventing the solicitation or contract approval requirements specified in this chapter.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

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2.68.310 Contracts for goods and services up to $10,000.

2.68.320 Contracts for goods and general services greater than $10,000 and up to $100,000 (informal solicitation).

An informal solicitation process is required for City contracts to procure goods and general services that have a compensation amount greater than $10,000 and that do not exceed $100,000. The informal solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:
a. Notice inviting quotations. The department repres entative shall invite quotations by written request (including facsimile or electronic mail) or telephone to prospective vendors. The administrative regulations may allow for the use of catalogs to obtain price quotes for the purposes of this subsection. b. Quotations. Written quotations shall be submitt ed to the department representative, who shall keep a record of all open market quotes for a period of one year after the submission of quotes. This record is open to public inspection. All quotations must be in writing. c. Minimum number of quotations. The award of cont racts using the informal solicitation process shall, whenever possible, be based on the solicitation of at least three written quotations. d. No responsive quotations. If no quotations, or no responsive quotations, are received after informal solicitation, the Administrative Services Director or City Manager may proceed to negotiate the contract for the goods and services in the open market using the process set forth in LMC 2.68.310. e. Basis for award. Under this subsection, a contra ct may be awarded on either a best value or low bid basis, as determined by the Administrative Services Director or their designee prior to soliciting informal bids or proposals. The basis upon which the award is made shall be included in the solicitation document, if one is used, or otherwise communicated in writing to prospective bidders in the same manner as the solicitation.
f. Award of contract and appropriation. The contract shall be awarded by the person or body with the appropriate approval authority to sign the contact for the City as set forth in LMC 2.68.210 based upon the contract’s compensation amount, provided that the City Council has budgeted funds for the contract. g. Payment and Performance Bonds. The Administrative Services Director has the authority to require a payment bond, a performance bond, or both, for a City contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the form for each bond must be approved as to form by the City Attorney

2.68.330 Contracts for goods and general services greater than $100,000 (competitive bidding).

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A. A competitive bidding process is required for City contracts to procure goods and general services with compensation amounts greater than $100,000. The competitive solicitation process shall comply with the procedures specified in this subsection and the administrative regulations as follows:

1. Notice Inviting Bids. The notice inviting bids sha ll include a description of the goods or general services to be purchased, and shall state where bid forms and specifications may be secured, and the final time and place for submitting bids.
a. Published Notice. The notice inviting bids shall be published at least 10 business days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published locally. In addition, notice inviting bids may also be published electronically.
b. Bidder’s List. The Administrative Services Director may require a bidder’s list for competitive bidding, which requirements shall be specified in the Administrative Regulations for this Chapter. If a bidder’s list is required, then the notice inviting bids shall also solicit sealed bids from responsible prospective consultants, contractors, or vendors whose names are on the bidder’s list.

2. Bidder’s Security. When deemed necessary, the Administrative Services Director shall require bidder security as specified in the administrative regulations. The administrative regulations shall provide that bidders are entitled to the return of bid security upon execution of the contract or upon the City’s republishing of a notice inviting bids, provided that a successful bidder forfeits his bid security upon refusal or failure to execute the contract within 10 business days after the notice of award of contract has been mailed, unless the City is responsible for the delay.

3. Bid Opening Procedure. Bidders shall submit sealed bids to the Administrative Services Director and shall identify them as bids on the envelope as specified in the administrative regulations. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

4. Rejection of Bids. If it is determined to be in the best interest of the City, the City Manager or City Council may reject any and all bids presented. The City Manager or their designee shall have the authority to reject bids or proposals up to $200,000. Bids or proposals exceeding $200,000 shall be rejected by the City Council unless such authority is delegated to the City Manager.

5. No Responsive Bid. If no bid, or no responsive bid, is received after inviting bids under this section, the Administrative Services Director or City Manager may proceed to negotiate a contract for the goods and services in the open market using the process set forth in LMC 2.68.310.

7. Payment and/or Performance Bonds. The Administrative Services Director has the authority to require a payment and/or performance bond before entering a contract, in such amount as is reasonably necessary to protect the best interests of the City. If the Administrative Services Director requires such bonding, the form and amount of the bond(s) shall be described in the notice inviting bids, and the bond must be approved as to form by the City Attorney.

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B. The person or body with the appropriate approval author ity to award and sign the contract for the City may, in their discretion, waive inconsequential bid irregularities that do not give a bidder an unfair competitive advantage over any other bidder.

2.68.340 Contracts for professional services.

1. A compensation amount that is fair, reasonable, and competitive;

2. The quality of the services offered;

3. The consultant’s ability, capacity, and skill to provid e the services promptly, within the time specified, within budget, and without delay or interference;

4. The credentials and licenses of the person or business, if required;

5. The consultant’s character, integrity, reputa tion, judgment, training, experience, and efficiency;

6. The consultant’s knowledge of local conditions;

8. The sufficiency of the consultant’s fi nancial capacity and other resources; and

9. The consultant’s ability to provide such future service as may be needed.

2.68.350 Competitive negotiation following a request for proposals.

B. The process for competitive negotiation of contracts shall comply with the following as implemented in the administrative regulations:

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offerors’ proposals will be evaluated, including price or cost as applicable, and the relative importance of each criterion. Proposals must be solicited from an adequate number of qualified sources to permit reasonable competition.

2. Receipt of Proposals. Sealed proposals must be subm itted by offerors by the date and time specified on the prescribed forms and shall be identified by the request-for-proposal number.

3. Evaluation of Proposals. Submitted proposals sha ll be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and other factors as necessary to determine a rank order of proposals.

Responsible offerors shall be accorded fair and equal treatment with respect to opportunity for discussion and revision of proposals as necessary to meet the City’s requirements.

5. Award of Contract. The person or body with t he appropriate approval authority corresponding to the amount of the contract to be awarded pursuant to this subsection shall also be the person or body with the authority to award the contract, provided that the City Council has budgeted funds for the contract.

2.68.360 Exceptions to, and exemptions from, solicitation procedures.

B. Contracts for the following are exempted from the informal solicitation and competitive purchase processes:

1. Emergency procurements awarded as se t forth in LMC 2.68.400 and 2.68.410;

2. Bonds;

3. Insurance;

4. Legal services;

5. Membership dues, conventions, training, and travel arrangements; and,

6. Advertisements in magazines, newspapers, or other media.

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1. Sole source procurements that can only be obtai ned from one consultant, contractor, or vendor due to the proprietary, specialized, or unique character of the required goods or services;

3. Contracts awarded in conjunction with cooperative purchasing programs, as set forth in LMC 2.68.370;

4. Equipment that must be compatible with existing equipment

5. Lobbying services;

6. Procurements funded by grants, donations or gift s when associated special conditions require the purchase of particular goods and/or services;

7. Works of art, entertainment, or performance;

8. Surplus personal property owned by another go vernmental, public, or quasi-public entity; and,

D. Exceptions, but not exemptions, from the informal so licitation or competitive purchase process, are subject to review and approval by the Administrative Services Director as follows:

E. The person responsible for conducting a procuremen t for an exempt contract or a contract approved for exception by the Administrative Services Director pursuant to this section shall conduct negotiations, as appropriate, as to price, delivery and terms and may require the submission of cost or pricing data in connection with the award of a contract which does not require a competitive solicitation.

2.68.370 Contracts for goods and services procured through cooperative purchasing arrangements.

1. The California Multiple Award Schedules (CMAS) and Federal General Services Administration (GSA) contracts.

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2. Where a consultant, contractor, or vendor was awarded a contract by another public agency; said agency used solicitation procedures substantially similar to those that the City would have been required to use, the initial awarding public agency agrees to the purchase, and the initial contract was awarded within a reasonable timeframe relative to the City’s purchase.

3. Any other public, nonprofit or for profit coopera tive purchasing programs or consortiums, provided:
a. The Administrative Services Director or their desi gnee approves of such participation in writing or if the underlying purchase was made using quotation or bid procedure at least as restrictive as the City’s;
b. The City is a registered member of the cooperative; and, c. A membership fee is not required.

B. In all such cases, the goods or services purchased must be the same or substantially similar and be offered at the same price as the supplies and equipment subject to the agreement or program, except that:

1. Up to 10 percent variation is allowed for ensuring the required goods or services meet City requirements;

2. A cost of living adjustment (using San Francisco-O akland-San Jose Consumer Price Index – Urban, All Items) can be included for the contract duration if approved by the appropriate contract award authority; and,

3. Any contract extensions beyond the initially-a warded term are approved by the appropriate award authority.

C. The City contract for goods and services solicit ed through a cooperative purchasing arrangement or program shall:

2. Be awarded and signed by the body or pers on with the appropriate approval authority.

Article IV. Emergency Contract Approval Authority and Procedures

2.68.400 Emergency procurement authority.

2.68.410 Emergency procurement procedures.

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1. The scope of the contract is limited to good and serv ices, and public contracts, necessary to respond to the conditions caused by the local emergency;

3. The Administrative Services Director, or their designee, shall submit a written report of the emergency procurement to the City Manager, including a description of the local emergency and the basis for selection of the particular contractor; and,

4. For a local emergency proclaimed pursuant to LMC 2.56.060, a copy of all emergency contracts awarded and the Administrative Services Director’s emergency procurement report shall also be filed in the emergency operations center and attached to the City Manager’s report to the City Council required by LMC 2.68.400.B, and the original shall be properly filed and stored with the contract in accordance with the City’s records retention schedule.

Article V. Public Projects

2.68.500 Public project contracting procedures.

The City shall follow the contracting procedures set forth in Article 3 of the Uniform Public Construction Cost Accounting Act as set forth in California Public Contract Code Section 22030 et seq., referred to as the “Act” for the purposes of this article. The City shall procure public projects by force account, negotiated contract, purchase order, informal bidding or formal bidding as required in accordance with the applicable dollar amount limitations under Section 22032 of the Act, as it may be amended from time to time. The City Manager shall be authorized to establish and implement administrative regulations, policies, and procedures consistent with the Act and this chapter. At the appropriate time each year, the Administrative Services Director or their designee shall prepare a notice of the contract amounts for the informal bidding and formal bidding requirements set forth in LMC 2.68.530 and LMC 2.68.540, and the contract approval and rejection authorities set forth in LMC

2.68.570 and 2.68.580.

2.68.510 Bid splitting prohibited.

2.68.520 Contractors list.

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2.68.530 Informal bidding – Notice.

Delivery of notices to contractors pursuant to this section shall be completed not less than 10 calendar days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided, however:

2. If the product or service is such that it can be obtai ned only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

B. The notice inviting informal bids shall describe the pr oject in general terms and how to obtain more detailed information about the project and state the time and place for the submission of bids.

2.68.540 Formal bidding – Notice.

When a public project to be performed requires formal bidding, notice of such project shall be given as follows unless an exception to competitive bidding applies:
a. The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
b. The notice shall be published at least 14 calendar days before the date of opening of the bids in a newspaper of general circulation, printed and published in the City; or if there is no newspaper printed and published within the jurisdiction of the City, in a newspaper of general circulation which is circulated within the City; or if there is no newspaper which is circulated within the jurisdiction of the City, publication shall be by posting the notice in at least three places within the jurisdiction of the City as have been designated by ordinance or regulation of the City for the posting of its notices. c. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the Commission. The notice shall be sent at least 15 calendar days before the date of opening the bids.

2.68.550 Exceptions.

Bidding required by LMC 2.68.540 may be dispensed with:
a. In an emergency as defined by LMC 2.68.130 purs uant to the procedures contained in the California Public Contract Code;
b. Design-build contracts, provided they are consis tent with the requirement of the California Public Contract Code; or
c. If there is no competitive advantage to be gained by inviting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source, and where the low bid benefits are otherwise satisfied by the Act), so that the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be made by the City Council upon recommendation by the city engineer.

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2.68.560 Contracts for maintenance and other work.

Contracts for maintenance, as defined by California Public Contract Code Section 22002 and LMC

2.68.130(J)(1), and for any other work which does not fall within that section’s definition of public projects, may be bid pursuant to the informal bidding procedures in LMC 2.68.530 and the formal bidding procedures in LMC

2.68.540.

2.68.570 Award of public works contracts.

A. The City Manager is authorized to award public work s contracts in accordance with the monetary limits for negotiated contracts or purchase orders as set forth in the Act, as now existing or hereafter amended.

B. The City Manager is authorized to award public work s contracts in accordance with monetary limits for informal procedures as set forth in the Act, as now existing or hereafter amended, and this chapter to the lowest, responsive, and responsible bidder. If all bids are received in excess of the City Manager’s monetary authority, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, subject to monetary limits set forth in the Act for informal bidding, as now existing or hereafter amended, if the City Council determines the cost estimate of the public agency was reasonable.

C. Contracts subject to formal bidding under the Act shall be awarded, if at all, by the City Council to the lowest responsive and responsible bidder.

2.68.580 Rejection of bids.

The City Manager or the City Council, as the case may be, may in their discretion, reject any bids received and proceed as authorized by the Act. The City Manager may reject any bids that do not exceed the threshold for informal bids as specified in Public Contract Code Section 22032(b); bids exceeding this amount shall be rejected by the City Council unless otherwise delegated.

2.68.590 Change orders to public works contracts.

A. Change orders to a public works contract that amend the original scope of work as determined to be necessary by the City during the progress of work shall be documented in writing.

2.68.595 Approval of plans, specifications, and designs.

In accordance with California Public Contract Code Section 22039, as it may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all City public works contracts.

Article VI. Additional Requirements

2.68.600 Leasing of equipment and personal property.

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2.68.610 Inspection and testing.

2.68.620 Surplus supplies and equipment.

2.68.630 Ethics.

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B. No City employee shall participate directly or i ndirectly in a City procurement when the employee knows that:

1. The employee or any member of the employee’s imm ediate family has a financial interest pertaining to the procurement; or

2. The employee or any member of the employee’s immediate family is negotiating or has an employment arrangement that is contingent upon, or will be affected by, the procurement.

C. Upon discovery of an actual or potential conflict of interest, an employee shall promptly inform the Administrative Services Director and withdraw from further participation in the procurement.

E. No consultant, contractor, or vendors who assisted t he City’s decision to identify the goods or services to be procured, and no consultant, contractor, or vendor with whom the City has contracted to prepare, or assist in the preparation of, bid or proposal documents, shall submit a bid, proposal, or quotation for the goods or services to be procured.

Undue influence on a solicitation may result in the consultant, contractor, or vendor being disqualified from participating in a solicitation as set forth in the administrative regulations.

2.68.640 Environmentally preferable purchases.

B. All vendors providing paper products, printing, and writing paper, and organic waste products must comply with relevant state law and city requirements.

EXHIBIT A
75 CITY COUNCIL STAFF REPORT
ITEM NO. 5.3

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing supplemental appropriations in the amount of $3,584,000 from the Water Resources Replacement fund and $1,195,000 from the Sewer Connection Fees fund to FY 2023-24, and authorizing execution of a second amendment to the engineering services agreement with Carollo Engineers increasing the not-to-exceed contract amount from $4,910,499 to $5,881,720 and extending the term to December 31, 2026, for additional construction management and engineering services during construction of the Water Reclamation Plant (WRP) Primary and Secondary Treatment Improvements Project 2019-31.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:

1 .

SUMMARY
The Water Reclamation Plant Primary and Secondary Treatment Improvements Project No. 2019-31 involves rehabilitation and process improvements to the primary and secondary treatment processes at the City of Livermore (City) Water Reclamation Plant (WRP). Construction activities include demolition, concrete, structural, electrical, and mechanical work at the headworks, influent pump station, odor 76 control treatment system, motor control centers, pre-aeration tanks, primary sedimentation tanks, and a secondary clarifier. Staff recommends the City Council authorize an amendment to an engineering services agreement with Carollo Engineers to provide additional construction management and engineering support services during construction of these improvements. This second amendment in the amount of $971,221 increases the total amount of the engineering services agreement from $4,910,499 to $5,881,720 and extends the term to December 31, 2026. Staff also recommends the City Council authorize supplemental appropriations in the amount of $3,584,000 from Water Resources Replacement (Fund 239) and $1,195,000 from Sewer Connection Fees (Fund 241) to FY 2023-24 to coincide with actual and anticipated construction expenditures.

DISCUSSION
Both the 2012 WRP Master Plan and the 2016 WRP Asset Management Plan identify aging infrastructure within the Water Reclamation Plant (WRP) primary and secondary treatment systems.

Process improvements are also recommended in the 2012 WRP Master Plan. The WRP Primary and Secondary Treatment Improvements Project No. 2019-31 (project) involves constructing the highest priority improvements. The areas of proposed improvements are shown on Attachment 1.

The project includes replacing the following equipment:

Influent screw pumps.

Pre-aeration tank blowers and gates.

Primary sedimentation tank sludge collection mechanisms, skimmers, and gates.

Primary effluent pumps.

Odor control treatment system and equipment covers.

Secondary Clarifier No. 2 sludge collection mechanism, bridge, and gates.

Two motor control centers.

Additional improvements include the following:

Repairing the concrete and coating channels and tanks in the headworks and primary treatment systems and Secondary Clarifier No. 2.

Upsizing the odor control treatment system, adding additional odor covers, and increasing ventilation.

Partial replacement of various electrical boxes throughout the WRP.

Associated electrical conduit duct, paving, instrumentation, and controls work.

On July 28, 2020, the City and Carollo Engineers entered into an agreement for Carollo Engineers to provide engineering services to support the project. The agreement covers the design of improvements and repairs to the WRP primary and secondary treatment facilities, assisting with permitting, and providing engineering services during construction. On August 3, 2022, the City and Carollo Engineers amended the agreement to increase the scope of services to include construction management and engineering services during construction of the project.

Construction of the project started in September 2022. The project has subsequently encountered unforeseen site conditions involving underground materials, configuration of existing concrete structures, and configuration of existing electrical infrastructure. This has resulted in additional engineering and construction management effort related to managing change orders, reviewing contractor’s methods of 77 procedures, coordinating field activities, and general supervision of contractor and subcontractors.

Accordingly, staff recommends the original agreement be further amended to increase the amount of the agreement by $971,221 to a not-to-exceed amount of $5,881,720 and extend the term to December 31, 2026, for additional construction management and engineering services during construction of the project.

FISCAL AND ADMINISTRATIVE IMPACTS

Attachment 2 shows current and proposed funding for this project. The WRP Primary and Secondary Treatment Improvements Project 2019-31 is funded in the 2023-2028 Capital Improvement Plan with a total budget of $29,232,000 over three years (FY 2022-23 to FY 2024-25). 75% of the funding comes from Water Resources Replacement Fund 239 and 25% of the funding is from Sewer Connection Fees Fund 241. The updated budget estimate for this project over the three-year period has increased by $1,232,067 to $30,464,067. The updated budget covers the construction contract, engineering services during construction, construction management, inspection, testing, project management, potential change orders, and all other project expenses. The budget increase is primarily due to additional construction, engineering support and construction management services required due to unforeseen conditions encountered during construction.

Funding also needs to be aligned with actual construction expenditures. Actual expenditures in FY 2022- 23 were $3,546,933 less than budgeted in FY 2022-23. These unspent funds need to be appropriated to the FY 2023-24 budget for the project together with an additional appropriation of $1,232,067 to fully fund the project. The total required appropriation to FY 2023-24 is $4,779,000 and consists of $3,584,000 from Fund 239 and $1,195,00 from Fund 241.

COMMUNITY PILLAR

1: A Safe Community That Thrives.

GOAL

11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal state, and local regulations.

ATTACHMENTS

1. Site Plan

2. Funding Summary

3. Resolution

4. Exhibit A - Second Amendment

Prepared by: Rick Teczon
Senior Civil Engineer

78 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
79 SITE PLAN
Location of Primary and
Secondary Improvements
ATTACHMENT 1
80 C
urrent & Proposed Funding
Current Funding
WRP Primary and Secondary Treatment Improvements Project No. 2019-31 F
und FY 2022-23 FY 2023-24 FY 2024-25 Total
239 Water Resources Replacement $5,276,000 $9,802,000 $6,846,000 $21,924,000 241 Sewer Connection Fees $1,759,000 $3,267,000 $2,282,000 $7,308,000 Total $7,035,000 $13,069,000 $9,128,000 $29,232,000
P
roposed Funding
WRP Primary and Secondary Treatment Improvements Project No. 2019-31 F
und FY 2022-23 FY 2023-24 FY 2024-25 Total
239 Water Resources Replacement $2,616,050 $13,386,000 $6,846,000 $22,848,050 241 Sewer Connection Fees $872,017 $4,462,000 $2,282,000 $7,616,017 Total $3,488,067 $17,848,000 $9,128,000 $30,464,067
ATTACHMENT 2
81 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING SUPPLEMENTAL APPROPRIATIONS IN THE AMOUNT OF $3,584,000 FROM FUND 239 AND $1,195,000 FROM FUND 241 TO FISCAL YEAR 2023-24, AND

AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO THE AGREEMENT WITH CAROLLO ENGINEERS INCREASING THE NOT-TO-EXCEED AMOUNT FROM $4,910,499 TO $5,881,720 AND EXTENDING THE TERM TO DECEMBER 31, 2026

FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES DURING

CONSTRUCTION
(WRP PRIMARY AND SECONDARY TREATMENT IMPROVEMENTS PROJECT 2019-31) On July 28, 2020, the City of Livermore (“City”) and Carollo Engineers entered into an engineering services agreement for Carollo Engineers to provide engineering services to support the WRP Primary and Secondary Treatment Improvements Project 2019-31 (“Project”). The agreement covers the design of improvements and repairs to the primary and secondary treatment facilities at the Water Reclamation Plant (“WRP”), assisting with permitting, and providing engineering services during construction. On August 3, 2022, the City and Carollo Engineers amended the agreement to increase the scope of services to include additional construction management and engineering services during construction of the Project. City staff recommends the original agreement be further amended to increase the amount of the agreement by $971,221 to a not-to-exceed amount of $5,881,720 and extend the term to December 31, 2026 for additional construction management and engineering services during construction of the Project.

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

1. Authorizes supplemental appropriations of $3,584,000 from Fund 239 (Water Resources Replacement) and $1,195,000 from Fund 241 (Sewer Connection Fees) to Fiscal Year 2023-24 to the WRP Primary and Secondary Treatment Improvements, Project No. 2019- 31;

2. Authorizes the City Manager to sign on behalf of the City of Livermore, the Second Amendment to the Engineering Services Agreement with Carollo Engineers, attached hereto as Exhibit A, increasing the amount of the agreement by $971,221 to a total not- to-exceed amount of $5,881,720 and extending the term to December 31, 2026 for additional construction management and engineering design services during construction of the WRP Primary and Secondary Treatment Improvements, Project 2019-31; and

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

On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on July 8, 2024, by the following vote:
82 RESOLUTION NO. ________
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
Exhibit A – Second Amendment
83 SECOND AMENDMENT TO

ENGINEERING SERVICES AGREEMENT

THIS SE
COND AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore, a municipal corporation (“City”), and Carollo Engineers, a Delaware corporation licensed and registered to do business in California (“Consultant”).

RECITALS
On July 28, 202
0, City and Consultant entered into an agreement for Consultant to provide engineering design services to design the WRP Primary and Secondary treatment improvements project No. 2019-31 for City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.

On August
3, 2022, City and Consultant amended the Original Agreement to increase the scope of services and compensation by $2,381,660. This was the F irst Amendment to the Original Agreement.

City and Co
nsultant now desire to amend the Original Agreement and First Amendment to increase the scope of services and compensation by $971,221 and extend the term until December 31 , 2026. This is the S econd Amendment to the Original Agreement.

AGREEMENT

NOW, THERE
FORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:

1. The Original
Agreement is amended as follows:

A. Section
3 of the Original Agreement is amended to read as follows:

Description of Services. Consultant shall provide engineering services to develop construction contract documents and perform engineering services, management, and inspections during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019- 31, as more particularly set forth in Exhibit “A” to the Original Agreement for design services, Exhibit “A-1 ” to the First Amendment for engineering services during construction and construction management and electrical inspections, and Exhibit “A -2” to this Second Amendment for additional engineering services during construction and construction management (collectively “the Services”).

DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D

EXHIBIT A

Page 1 of 7 ends

84 B. Section 6(a) o
f the Original Agreement is amended to read as follows:

The total compensat
ion payable by City to Consultant for the Services
SHALL NOT EXCEED the sum of $5,881,720 (“not-to-exceed amount”).

1. The compensation
payable by the City to Consultant for the Services
required by Exhibit “A” of the Original Agreement SHALL NOT EXCEED the sum of $2,528,839.

2. The compensati
on payable by the City to Consultant for the Services
required by Exhibit “A-1” of the First Amendment SHALL NOT EXCEED the sum of $2,381,660.

3. The compensati
on payable by the City to Consultant for the Services
required by Exhibit “A-2” of the Second Amendment SHALL NOT EXCEED the sum of $971,221.

City shall c
ompensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” to the Original Agreement, Exhibit “A -1” to the First Amendment , and Exhibit “A-2” to the Second Amendment 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 Consultant’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 Consultant, its agents, and employees to provide the Services.

C. Section 7 of t
he Original Agreement is amended to read as follows:

Term. The term of
this Agreement commences on the Effective Date and
terminates upon the depletion of funds or December 31, 2026, whichever occurs first.

2. These amendment
s are prospective and only apply to the S ervices rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.

3. Except as am
ended above, the Original Agreement remains in full force and effect. [SIGNATURES
ON FOLLOWING PAGE]
DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D

EXHIBIT A

Page 2 of 7 ends

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

CONSULTANT: Dat
ed:
__________________
__________ ___________________________
Rick Chan
Senior Vice President
__________________
__________ ___________________________
Anne Prudhel
Executive Vice President

CITY OF LIV
ERMORE: Dated:
__________________
__________ ____________________________
Marianna Marysheva
City Manager

APPROVED AS TO F
ORM:
__________________
_________
Assistant/City Attorney

APPROVED AS TO I
NSURANCE:

Risk Manager/Analyst
Attachmen
t:

Exhibit “A-2” A
dditional Scope of Services
DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D 6/6/2024 | 6:33 AM PDT
6/6/2024 | 5:59 AM PDT

EXHIBIT A

Page 3 of 7 ends

86 AMENDMENT NO. 2

CITY OF LIVERMORE

WATER RECLAMATION PLANT

PRIMARY & SECONDARY TREATMENT IMPROVEMENTS PROJECT

ENGINEERING SERVICES DURING CONSTRUCTION AND CONSTRUCTION MANAGEMENT

SCOPE OF SERVICES
(March 28, 2024)

INTRODUCTION
Construction of Primary and Secondary Treatment Improvements Project is currently on schedule to be completed in February 2025. The purpose of this amendment is to estimate the additional engineering services during construction and construction management services anticipated to be completed through February 2025.

Task 6.0 – Engineering Services During Construction
Task 6.2 - Construction Meetings. Consultant will attend the following construction meetings based on the following assumptions:
• Weekly Construction Meetings – Two Consultant team members will each attend a total of 30 additional weekly construction meetings, for a total of 130 weekly construction meetings, virtually via Teams format. These virtual meetings will each be 1-hour in duration. • Weekly Construction Management Meetings – One Consultant team member will attend a total of 100 weekly construction management meetings virtually via Teams format. These virtual meetings will each be 1-hour in duration.
• Weekly Commissioning Meetings – Two Consultant team members will each attend a total of 50 weekly commissioning meetings virtually via Teams format. These virtual meetings will each be 1-hour in duration.

DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D EXHIBIT "A-2"

EXHIBIT A

Page 4 of 7 ends

87 • Submittal Coordination Meetings – Two Consultant team members will each attend a total of 30 sub
mittal coordination meetings virtually via Teams format. These virtual meetings will each be

0.5-hour in duration.

Per Task 8.1, the Consultant’s CM will coordinate and conduct all meetings and prepare meeting minutes for distribution to the City, Contractor, and other relevant stakeholders.

Task 6.3 - Requests For Information. Through the end of February 2024, Consultant has reviewed 133 RFIs. For budgeting purposes, Consultant will respond to an additional 100 RFIs, for a total of 233 RFIs, assuming an average processing and review time of 6 hours per RFI.

Note the budget estimated for this task may be higher or lower depending on the final number of RFIs reviewed and the complexity of each RFI submitted by the Contractor.

Task 6.4 - Shop Drawing Submittals. Through the end of February 2024, Consultant has reviewed 450 submittals and Consultant’s remaining budget for this task is estimated to cover the review of 200 general submittals, assuming an average processing and review time of 6 hours per submittal. For budgeting purposes, Consultant will respond to an additional 300 general submittals, for a total of 750 submittals. Therefore, this amendment includes responding to an additional 100 submittals assuming an average processing and review time of 6 hours per submittal.

Note the budget estimated for this task may be higher or lower depending on the final number of submittals and resubmittals reviewed and the completeness of each submittal and resubmittal submitted by the Contractor.

Task 6.5 – Site Observations. Consultant will attend an additional fifty (50) site observations, for a total of seventy (70) site observations, in person on an as-requested basis to observe field construction issues and discuss technical elements. For budgeting purposes, Consultant assumes an average time of 5 hours (including travel time) are required to perform each site observation.

Task 6.6 - Design Clarifications. Consultant will prepare an additional twenty (20) design clarifications, for a total of forty (40) design clarifications, to clarify and/or change the intent of the contract documents at the request of the City. For budgeting purposes, Consultant assumes an average time of 10 hours are required to prepare each design clarification.

DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D

EXHIBIT A

Page 5 of 7 ends

88 Task 8.0 – Construction Management and Electrical Inspection Task 8.1 – Construction Management. Consultant’s remaining budget for this task is estimated to cover 10 months of one full-time CM. The remaining project construction duration is estimated to be 12 months. Therefore, this amendment includes an additional 2 months of one full-time CM.

Task 8.3 – Additional Construction Management Support. Consultant will provide an additional full-time CM for 10.5 months to assist construction management activities of this project described in Task 8.1.

Assumptions
The following key project assumptions were used in preparing this Scope of Services. • Construction duration will be 28 months. An extension of construction duration may impact the Consultant’s scope and budget estimate for the project. • City or Contractor will provide dedicated temporary offices for Consultant’s CM and electrical inspector to reside in when they are on site at the WRP . Contractor will provide two dedicated high-end, business-class Windows-based desktop computers equipped with the latest version of Microsoft Office and Primavera P6 scheduling software, high-volume business-class laser printer, and high-speed internet service.
• City will provide all specialty inspection services for the following disciplines: concrete, structural steel, bolting, welding, architectural, mechanical, plumbing, corrosion, coatings, and material testing. Consultant will only provide electrical specialty inspection for the duration of time included in this scope. Consultant will also provide specialty soils and subgrade inspection for the estimated effort and budget amount included in this scope. • Claims management and resolution services are not included in the Scope of Services. These services can be provided by the Consultant as an amendment should the need arises.

DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D

EXHIBIT A

Page 6 of 7 ends

89 CM
SP LPP LP P CM Support Total Labor CM ODC Total
Task Description $315 $295 $265 $215 $245 $215 Hours Cost Trips Amount Housing Total Cost

6.0 Construction Support Services

6.1 Project Management 0 0 0 0 0 0 0 $0 0 $0 $0 $0 $0

6.2 Construction Meetings 0 0 195 80 0 0 275 $68,875 0 $0 $0 $0 $68,875

6.3 Requests For Information 16 144 300 140 0 0 600 $157,120 0 $0 $0 $0 $157,120

6.4 Shop Drawing Submittals/Resubmittals 30 140 290 140 0 0 600 $157,700 0 $0 $0 $0 $157,700

6.5 Site Observations 0 60 130 60 0 0 250 $65,050 50 $1,750 $0 $1,750 $66,800

6.6 Design Clarifications 10 40 80 70 0 0 200 $51,200 0 $0 $0 $0 $51,200

6.7 Change Order Requests 0 0 0 0 0 0 0 $0 0 $0 $0 $0 $0

6.8 Geotechnical Engineering Support Services 0 0 0 0 0 0 0 $0 0 $0 $0 $0 $0

6.9 Conformed Documents 0 0 0 0 0 0 0 $0 0 $0 $0 $0 $0

6.10 Record Drawings 0 0 0 0 0 0 0 $0 0 $0 $0 $0 $0
Task 6.0 Totals = 56 384 995 490 0 0 1,925 $499,945 50 $1,750 $0 $1,750 $501,695

8.0 Construction Management and Inspection

8.1 Construction Management 0 0 0 0 336 0 336 $82,320 0 $0 $0 $0 $82,320

8.2 Electrical Inspection 0 0 0 0 0 0 0 $0 0 $0 $0 $0 $0

8.3 Additional Construction Management Support
(10.5-Months, One Person) 0 0 0 0 0 1,764 1,764 $379,260 227 $7,945 $1 $7,946 $387,206 Task 8.0 Totals = 0 0 0 0 336 1,764 2,100 $461,580 $227 $7,945 $1 $7,946 $469,526 Amendment Budget Request = $971,221
Legend:

SP Senior Professional Notes:

LPP Lead Project Professional 1. Mileage is based on $35 per round trip.

LP Lead Professional
P Professional
CM Construction Manager
Mileage
(1)

LABOR AND FEE ESTIMATE

CITY OF LIVERMORE
PRIMARY & SECONDARY TREATMENT IMPROVEMENTS PROJECT 2019-31 Other Direct Costs (ODC)
3/28/2024
DocuSign Envelope ID: B9FD805B-AB8B-409E-AE8A-9F0B89E3FF4D

EXHIBIT A

Page 7 of 7 ends

CITY COUNCIL STAFF REPORT
ITEM NO. 5.4

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing delegation of authority to the City Manager to award a construction contract, in an amount not-to-exceed $1,000,000, for the 2023 Storm Damage Repair Projects S202300A and S202300P for repairs at one site along Arroyo Las Positas and two sites along Arroyo Mocho.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution:

1 .

Delegating authority to the City Manager to award a construction contract in a total amount not-to- exceed $1,000,000 for the 2023 Storm Damage Repair Projects S202300A and S202300P in substantially similar form to the draft contract in Exhibit A of the resolution subject to the City Attorney's approval to form of the final construction contract and Risk Management approval of insurance; execute any change orders or amendments which do not exceed the not-to-exceed amount;
2 .

Delegating authority to the City Manager to reject all other bids; and 3 .

SUMMARY
The 2023 Storm Damage Repair Projects S202300A and S202300P (LOP 5, 13, & 14) will remove sediment and debris at the Airway Blvd Culvert at Arroyo Las Positas (Site 5), restore an exposed storm drain at the Arroyo Mocho Trail at Anza Way (Site 13) and stabilize the bank at the Arroyo Mocho Trail at Creek Road (Site 14). LOP designates the FEMA grant application location number for each site. These sites were damaged in the 2022-2023 winter storms and are shown in Attachment 1 – 2023 Storm Damage Repair Site Map.

These sites were submitted to the regulatory agencies for permitting under the Stream Maintenance Program and permits are expected in August 2024. Regulatory agencies require work in the creek to be 91 completed by October 15. Because the City has not historically held council meetings in August, staff recommends that the City Manager be authorized to sign a construction contract up to $1,000,000 so these critical repairs can start in August and be completed by the middle of October.

DISCUSSION
The 2022-23 winter storms caused significant damage to public facilities along some of the creeks that flow through the City. On January 10, 2023, the City Council adopted a resolution ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001) in response to impacts from the series of severe storm events. The City Council has subsequently adopted resolutions of continued local emergency that allow staff to seek reimbursements of eligible costs of this work from federal and state agencies through the public assistance program.

In summer 2023, repairs to several damaged sites were completed. There are additional sites to be repaired this summer. The 2023 Storm Damage Repair Projects (LOP 5, 13, & 14) will remove sediment and debris at the Airway Blvd Culvert at Arroyo Las Positas (LOP 5), restore the exposed storm drain at the Arroyo Mocho Trail at Anza Way (LOP 13) and stabilize the bank at the Arroyo Mocho Trail at Creek Road (LOP 14). These sites are shown in Attachment 1 - 2023 Storm Damage Repair Site Map.

These sites were submitted to the regulatory agencies for permitting under the Stream Maintenance Program and permits are expected in August 2024. The project was advertised in June 2024 and award of construction contract is contingent upon regulatory permit approval. Regulatory agencies require work in the creek to be completed by October 15. The schedule between bid opening in July and regulatory permit approval in August limits the construction window for work in the creek. Because the City has not historically held council meetings in August, staff recommends the City Manager be authorized to sign a construction contract up to $1,000,000 so these critical repairs can be started in August. Repairing these sites and removing debris and sediment at Airway Boulevard will restore creek flows before the next winter storms to mitigate flooding.

FISCAL AND ADMINISTRATIVE IMPACTS

2023 Storm Damage Repair Projects (LOP 5, 13, & 14) S202300A and S202300P are included in the 2023-2028 Capital Improvement Plan, the budgets are summarized in the tables below. This funding will cover the cost of this agreement, change orders, permitting, engineering construction support, biological monitoring, and project management. This funding also covers the cost of slope repairs on Portola Avenue that will be bid and constructed separately. No additional appropriations are required.

2023 Storm Damage - Debris Removal Project No. S202300A Fund No.

Fund name
FY 2024-25
220
Storm Water
$95,000
222
FEMA Storm Reimbursement
1,125,000
607
State Grant
280,000

TOTAL
$1,500,000

2023 Storm Damage Permanent Repair Project S202300P
Fund No.

Fund name
FY 2024-25
220
Storm Water
$100,000
92 222
FEMA Storm Reimbursement
1,650,000
607
State Grant
400,000
615
Federal Grant
1,200,000
651
Gas Tax - SB1
200,000
687
Measure BB-Bike/Pedestrian
75,000
688
Measure BB-Local St & Rd
75,000

TOTAL
$3,700,000

COMMUNITY PILLAR

5: A City That Works

GOAL

14: Develop, operate, and maintain the City's infrastructure.

ATTACHMENTS

1. Site Map

2. Resolution

3. Exhibit A - Draft Construction Contract

Prepared by: Leo
Sum
Assistant Civil Engineer

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
93 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. The City of Livermore is not responsible for misuse or errors or omissions on this map. All information should be confirmed.

City of Livermore, 2023 New Years Storm Sites
50,400
Information Technologies, GIS Division, City of Livermore 8,400.0
Legend
1:

NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US Feet0 8,400.04,200.00 Notes
1/5/2023Date Printed:

City Limits
Major Streets (> 62,500)
Creeks
Public Facilities (4500-100000)
Park Names (4500-100,000)
Lakes
Creeks
Public Facilities
Fire Station
Police Facility
Other Gov't Facility
Schools
Parks
Airport
Fire Station
Police Facility
Other Gov't Facility
2024 CONSTRUCTION PROJECTS
FEMA LOP# Location
5 Airway Blvd Culvert
13 Arroyo Mocho Trail near Anza Way
14 Arroyo Mocho Trail near Creek Road
Date: 5/8/2024
2023 Storm Damage Repair Site Map
5 14
13 ATTACHMENT 1
94 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING DELEGATION OF AUTHORITY TO THE

CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN AN
AMOUNT NOT-TO-EXCEED $1,000,000 FOR THE 2023 STORM

DAMAGE REPAIR PROJECTS FOR REPAIRS AT ONE SITE ALONG

ARROYO LAS POSITAS AND TWO SITES ALONG ARROYO MOCHO
(2023 Storm Damage Repair Projects S202300A and S202300P) The 2022-23 winter storms caused significant damage to public facilities along some of the creeks that flow through the City of Livermore (“City”). During the summer of 2023, repairs to several damaged sites were completed.

There are additional sites that need to be repaired this summer, in 2024. The 2023 Storm Damage Repair Project (LOP 5, 13, & 14) will remove sediment and debris at the Airway Blvd Culvert at Arroyo Las Positas (LOP 5), restore exposed storm drain at the Arroyo Mocho Trail at Anza Way (LOP 13) and stabilize the bank at the Arroyo Mocho Trail at Creek Road (LOP 14).

These sites were submitted to the regulatory agencies for permitting under the Stream Maintenance Program and permits are expected to be issued in August 2024.

The project was advertised in June 2024 and award of a construction contract is contingent upon regulatory permit approval. Regulatory agencies require work in the creek to be completed by October 15, 2024. The schedule between bid opening in July 2024 and regulatory permit approval in August, limits the construction window for work in the creek.

In August 2024, no City Council meetings are scheduled; therefore, City staff recommends that the City Manager be authorized to sign a construction contract up to $1,000,000. This will facilitate the commencement of critical repairs in August, aiming for completion by mid-October. Repairing these sites and removing debris and sediment at Airway Blvd. will restore creek flows before next winter's storms to mitigate flooding.

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

1. Delegates authority to the City Manager to award construction contracts in a total amount not-to-exceed $1,000,000 for the 2023 Storm Damage Repair Projects, S202300A and S202300P, in substantially similar form to the draft contract in Exhibit A, attached to this resolution, subject to the City Attorney’s approval as to form of the final construction contracts and Risk Management’s approval as to insurance; and to execute any change orders or amendments which do not exceed the not-to-exceed amount;

2. Delegates authority to the City Manager to reject all other bids; and, 95 RESOLUTION NO. ________

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 8, 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
Exhibit A – Draft Construction Contract
96 Livermore Contract Documents, page 27
Contract

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Livermore, a California Municipal Corporation (“City”) and {Name of Contractor}, {a/an} {list contractor’s state of registration here} {identify type of entity here} eg: a California corporation (“Contractor”) for work on the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No. S202300A & S202300P, FEMA DR 4683 (“Project”).

The Parties Agree as Follows:

1. Award of Contract.

In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on _____________, 20___, as part of Resolution No. __________________, City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents.

This Contract consists of all of the written representations and submissions made by Contractor as part of the Bid process and the following numbered and un-numbered component documents, as detailed on the table of contents of this Agreement:
a. Bidding requirements (consisting of the Notice Inviting Bids; Instructions to Bidders; Bid Proposal; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond, Bidder’s Questionnaire, Payment Bond, Performance Bond, Warranty Bond); Exhibit A – FEMA Federal Provisions; Exhibit B – DBE Forms
b. General Conditions;
c. Special Conditions;
d. Division One Technical Specifications;
e. Appendix;
f. Index of Defined Terms;
g. Project Drawings and Specifications;
h. Bid Addenda, if any;
i. Change Orders, if any;
j. ALB Notice;
k. Notice to Proceed;

EXHIBIT A

Page 1 of 19 ends

97 Livermore Contract Documents, page 28
Contract
l. City Standard Specifications and Details;
m
. And the following: no other documents

3. Contractor’s Obligations.

Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment.

As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor _________________________________________ Dollars ($________________) (the “ Contract Price ”), in accordance with the payment provisions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion
Contractor must achieve Substantial Completion, as that term is defined in the General Conditions, of the Project Work within 30 Working Days from the commencement date stated in the Notice to Proceed. (“Substantial Completion Deadline.”). For this project, the Contractor shall also incorporate 2 of average anticipated inclement Weather Days into their bid estimate. Contractor shall be solely responsible for the extended overhead and profit for these weather days and shall not be compensated by the City in any way, reference Section 10.3 of the General Conditions and Section 013200-4.3 Contract Schedules for additional weather day information. It is critically important to this Project that all work within the creek banks shown on the Project Drawings be completed prior to October 15, 2024 as shown in the Contract Schedule (“Creek Work”) because the Regional Water Quality Control Board prohibits the City from undertaking creek work after this date.

5.2. Final Completion
Contractor must achieve Final Completion, as that term is defined in the General Conditions, of the Project Work within 10 Working Days after the date of substantial completion. (“Final Completion Deadline.”)

5.3. Early Completion.

By signing below, Contractor expressly waives any claim for delayed early completion.

EXHIBIT A

Page 2 of 19 ends

98 Livermore Contract Documents, page 29
Contract

6. Liquidated Damages.

I
f Contractor fails to meet either the Substantial Completion Deadline or the Final Completion Deadline, City may assess liquidated damages according the provisions in the General Conditions of the Contract Documents in the following amounts for each day of Unexcused Delay, and the Contract Price shall be reduced accordingly.

6.1. Substantial Completion Deadline: Five thousand dollars ($ 5000) per day.

6.2. Final Completion Deadline: Five hundred dollars ($ 500) per day.

7. Labor Code Compliance.

This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.1. Prevailing Wages.

This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. The general prevailing wage rates for each craft, classification or type of covered work are available online at http://www.dir.ca.gov/DLSR.

7.2. DIR Registration.

City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions allowed by the Labor Code.

8. Workers’ Compensation Certification.

Under Labor Code, Section 1861, by signing this Contract, Contractor certifies as follows:
“I am aware of the provisions of Labor Code, Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” The successful bidder previous to the entering of the contract to do the said work shall take out and maintain in full force and effect worker's compensation insurance with an insurance carrier authorized to transact business in the State of California, covering the bidder's full liability for compensation to any persons employed who may be injured in the carrying out of said contract or the dependents thereof. Evidence of such worker's compensation insurance shall be furnished to the City of Livermore by certificate and waiver of subrogation in the City’s electronic insurance certificate tracking system (PINS)

EXHIBIT A

Page 3 of 19 ends

99 Livermore Contract Documents, page 30
Contract
prior to the commencement of the work and said certificate shall contain a provision that t
he coverage thereunder will not be canceled until at least thirty (30) days prior written notice has been given to the City.

9. Notice.

Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

City Contractor
Name Joel Waxdeck
Address 1052 South Livermore Avenue
City/state/zip Livermore, CA 94550
Phone (925) 960 – 4521
Fax (925) 960 – 4505
Attention City Engineer
Email [email protected]
Copy to [email protected]

10. General Provisions.

The following items are repeated here as stated as part of Part 2, General Conditions, for emphasis:

10.1. Assignment and Successors.

Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s successors and permitted assigns. A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor’s capital stock constitutes an assignment by Contractor requiring the City’s written consent.

10.2. Third Party Beneficiaries.

There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

10.3. Governing Law and Venue.

This Contract will be governed by California law and venue will be in the Superior Court of the County in which the Project is located, and no other place.

10.4. Amendment.

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Contract
No amendment or modification of this Contract will be binding unless it is in a writing duly a
uthorized and signed by the parties to this Contract.

10.5. Integration; Severability.

This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect.

11. Authorization.

Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required under California Corporation Code, Section 313.

The parties agree to this Contract as witnessed by the signatures below:

CITY
City of Livermore, a California
Municipal Corporation

s/_____________________________

Marianna Marysheva, City Manager

Date: ________________________

Approved as to form:

_____________________________
City of Livermore City Attorney

CONTRACTOR

______________________________

s/_____________________________

Name/Title [print]

Date: ________________________

s/_____________________________

Name/Title [print]

Date: ________________________

_______________________________
Contractor’s Calif. License Number(s)

Seal:

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_
_________________________
Expiration Date(s)

END OF DOCUMENT

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EXHIBIT A
FEDERAL PROVISIONS – FEMA

I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.

B. FEMA means the Federal Emergency Management Agency.

C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non – Federal Entity Contracts Under Federal Awards, which is included herein by reference. Contractor's failure to so comply shall constitute a material breach of this contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

III. ACCESS TO RECORDS
A. The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the City, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.

D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in the City’s Agreement.

IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov.

Code § 4477.

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C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement, Contractor is the “prospective lower tier participant.” D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A. The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3) Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

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VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR §13.36(i)(4))
Contractor agrees to comply with the Copeland “Anti -Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;) To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to any requirements set forth in the Agreement.

A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.

B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov.

Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for City, select “City of Livermore” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.

IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence) A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

D. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs

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4 FEMA Exhibit

A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.

XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
1) The copyright in any work developed with the assistance of funds provided under this Agreement; 2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR §13.36(i)(8))
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.

C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with 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 (42 USC 6201).

XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year) A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air

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5 FEMA Exhibit

Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000). See Agreement.

XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Agreement.

XVII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. Contractor agrees to the provisions of Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).

C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XVIII. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA.

Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid/proposal shall be cause for a bid/proposal to be rejected as non-responsive and/or be considered as a material breach of the contract.

PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported.

"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs.

The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONTRACTOR fails to take the steps outlined below shall cause the bid/proposal to be rejected as non-responsive and/or be deemed a material breach of the contract.

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A. Place qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2 CFR 200.321.

XIX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322) Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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.

XX. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.

I declare under penalty of perjury that I have read, understood, and agree to comply with all of the provisions set forth in Exhibit A.

Contractor Signature Date

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7 FEMA Exhibit

ATTACHMENT A 1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds)

As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

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

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

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

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

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,

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8 FEMA Exhibit

check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

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

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

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions

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

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

I declare under penalty of perjury that I have read, understood, and agree to comply with all of the provisions set forth in Attachment A 1.

Contractor Signature Date

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Attachment A 2

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

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

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

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

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

I declare under penalty of perjury that I have read, understood, and agree to comply with all of the provisions set forth in Attachment A 2.

Contractor Signature Date

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MBE/WBE/SBE FORMS
B-1

EXHIBIT B
DBE Subcontractor Utilization Form

This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1 subcontractors2 and the estimated dollar amount of each subcontract.

Prime Contractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If known) Point of Contact Address
Telephone No. Email Address
Issuing/Funding Entity:

I have identified potential DBE
certified subcontractors
 YES  NO

Subcontractor Name/
Company Name
Company Address/Phone/Email Est. Dollar Amt Currently DBE Certified?

1 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR

33.204-33.205.

2 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services.

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MBE/WBE/SBE FORMS
B-2

EXHIBIT B
DBE Subcontractor Performance

I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor Signature Print Name

Title Date

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MBE/WBE/SBE FORMS
B-3

EXHIBIT B
DBE Subcontractor Performance

This form is intended to capture the DBE3 subcontractors’4 description of work to be performed and the price of the work submitted to the prime contractor. Prime contractor is required to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package unless subcontractors will not be used.

Subcontractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If known) Point of Contact Address
Telephone No. Email Address
Prime Contractor Name Issuing/Funding Entity:

Contract Item Number Description of Work Submitted to the Prime Contractor Involving construction, Services, Equipment or Supplies Price of Work
Submitted to the
Prime Contractor

BDE Certified by  DOT  SBA

 Other:

Meets/ exceeds FEMA certification standards:

 YES  NO  Unknown

3 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR

33.204-33.205
4 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services pursuant to an EPA award of financial assistance.

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EXHIBIT B
DBE Subcontractor Performance

I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor Signature Print Name

Title Date

Subcontractor Signature Print Name

Title Date

MBE/WBE/SBE FORMS
B-4

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CITY COUNCIL STAFF REPORT
ITEM NO. 5.5

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolutions accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant requests, finding that acquisitions are categorically exempt from CEQA, authorizing the City Manager to enter into Purchase and Sale Agreements for open space land, and appropriating funds from the Dougherty Valley Settlement Agreement and the Open Space Acquisition and Management Account. Locations: Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2) and Greenville Road Property (125.5 acres - APN: 99B-5685-12)

RECOMMENDED ACTION

Staff recommends the City Council adopt separate resolutions to:

1 .

Accept the recommendation of the Altamont Landfill Open Space Committee to authorize the City of Livermore's grant requests for the Hartford Hills Property (in the amount of $980,000) and the Greenville Road Property (in the amount of $1,284,000) for a total grant request of $2,264,000; and determine that the Altamont Landfill Open Space Committee’s recommended expenditure of Open Space Account funds is not a project under California Environmental Quality Act (CEQA) Guidelines section 15378.
2 .

Determine the acquisitions are categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands to preserve the land in its natural condition.
3 .

Authorize the City Manager to enter into two Purchase and Sale Agreements and execute all other documents necessary to acquire the Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3- 2), and the Greenville Road Property (125.5 acres - APN: 99B-5685-12); and 4 .

SUMMARY
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The City is proposing to purchase fee title of two properties for open space preservation and conservation. Both properties have significant biological, scenic and/or recreational value. The properties are outside of the City limits and outside the North Livermore Urban Growth Boundary in unincorporated Alameda County. The properties are listed below as well as the total cost to purchase them including transaction costs:
• 82-acre Hartford Hills property - $1,960,000
• 125-acre Greenville Road property - $2,140,000

The City actively engages in acquiring land for open space preservation and conservation using a variety of dedicated open space acquisition funding sources. Staff engages with willing property sellers on the open market to purchase land and secure it as open space in perpetuity. The City coordinates the acquisitions with partner agencies such as Tri-Valley Conservancy to establish conservation easements and long-term stewardship of the land. In July and November of 2023, the City Council authorized staff to enter negotiations with three separate property owners to acquire the properties for open space and conservation purposes. Staff has negotiated purchase and sale agreements with two out of the three properties.

•
Policy Implementation (POLI) 24-003
- Hartford Hills Property – 82 acres (APNs: 902-9-3-1 and 902- 9-3-2)
• Policy Implementation (POLI) 24-005 - Greenville Road Property – 125.5 acres (APN: 99B-5685-12)

On March 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore's sponsored grant applications for each of the two proposed properties including a third grant request for the Altamont Hills Property (32-acres - APN: 99B-5680-4). The Altamont Hills property is under considerations as staff continues to negotiate with the property owner's representative. The Altamont Hills property may be presented to the City Council at a future date.

On April 16, the Planning Commission adopted three separate resolutions (including the Altamont Hills Property) approving Consistency Determinations finding the City’s proposed acquisitions of the three properties to be consistent with Livermore’s 2003 General Plan. The property owner representatives and the City have agreed on terms for the acquisitions of the Hartford Hills Property and the Greenville Road Property. Staff is in negotiations to acquire the Altamont Hills Property. The City Council is responsible for authorizing the City Manager to execute the Purchase and Sale Agreement for each property and appropriating funds to purchase real property.

DISCUSSION

BACKGROUND

The City of Livermore (“City”) has acquired or helped to acquire and permanently protect over 1,000 acres of open space land. Currently, the City owns nearly 340 acres of land in Doolan Canyon and approximately 300 acres of alkali wetlands, and sensitive habitat in Springtown. The City protects open space land to achieve strategic goals, including:

• Maintain and enhance biological diversity
• Secure land for agricultural conservation
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• Support climate resilience and mitigation programs • Provide non-motorized recreational opportunities
• Preserve scenic value; and
• Manage watershed and address flood control

Following acquisition of open space land, a crucial step is stewarding the land and ensuring it is properly managed for its conservation values. City staff accomplishes this step by encumbering the land with a conservation easement (held by Tri-Valley Conservancy for example) and establishing a non-wasting endowment to fund management of the land in perpetuity.

In July and November of 2023, the City Council authorized staff to enter into negotiations with three separate property owners to acquire in fee title of three properties for open space and conservation purposes. Staff has negotiated a purchase and sale agreement with two out of the three properties. The two properties proposed for purchase are located outside of the city limits and outside of the North Livermore Urban Growth Boundary. Both properties (hereinafter collectively referred to as “the Properties”) are listed below:

• Hartford Hills Property – 82 acres (APNs: 902-9-3-1 and 902-9-3-2) • Greenville Road Property – 125.5 acres (APN: 99B-5685-12)

Funding for the proposed land acquisitions would come from the Altamont Landfill Settlement Agreement Open Space Fund, Vasco Road Landfill Open Space Fund, Dougherty Valley Settlement Agreement, and the City’s Open Space Funds.

Altamont Landfill Settlement Agreement Open Space Fund

In 1999, Alameda County, the Cities of Livermore and Pleasanton, Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County entered into the Altamont Landfill Settlement Agreement to resolve litigation. The Settlement Agreement resolved a challenge to the proposed expansion of the Altamont Landfill and created the Altamont Landfill Settlement Agreement Open Space Fund. Specifically, the Settlement Agreement limits landfill expansion and waste imports and requires the operator to collect a $0.75 per ton fee for open space acquisition.

Vasco Road Landfill Open Space Fund

On May 4, 2006, the Alameda County Board of Supervisors upheld a County Planning Commission approval of an amended Conditional Use Permit allowing continued landfill and recycling activities at the Vasco Road Landfill. Consistent with the language in the Altamont Settlement Agreement, the approval requires the Vasco Road Landfill operator (Republic Services, Inc.) to collect the same per-ton fees as the Altamont Landfill operator (Waste Management of Alameda County, Inc.). The Vasco Road Landfill Conditions of Approval require the collection and expenditures of fees to be identical to the Altamont Landfill Settlement Agreement.

Altamont Landfill Open Space Committee

The Altamont Landfill Open Space Committee (“Open Space Committee”) reviews potential land acquisitions for consistency with both Settlement Agreements and recommends expenditures of funds 118
(from the two landfill funds described above) used solely for purchase of properties in Alameda County to protect natural resources, biodiversity, scenic value, and recreational opportunities. The Committee reviews grant applications to permanently preserve open space through fee acquisition and easements.

The Committee is comprised of four members: one member appointed by the Board of Supervisors, one member appointed by the Livermore City Council, one member appointed by the Pleasanton City Council and one member appointed by the Sierra Club. A representative of the City of Dublin may participate as a non-voting member.

Rotating Livermore City Council members provide representation on the Committee. Vice Mayor Carling is the current Livermore representative. The Open Space Committee reviewed the recommended property acquisitions on March 15, 2024 (see discussion below). To date, the City Council has approved the Open Space Committee’s recommendations to distribute funds for 10 acquisitions in the eastern acquisition priority area, as summarized in Attachment 1: Table 1.

Dougherty Valley Settlement Agreement (Dougherty Agreement)

In November 1999, Citizens for Balanced Growth, the City of Livermore, and Zone 7 Water Agency settled litigation over water supply to portions of Contra Costa County. The Agreement to Settle Water Litigation (Dougherty Agreement), required Windemere and/or its successors to pay the City of Livermore $1,000 per residential unit as an open space conservation fee. The fee was subject to an annual CPI adjustment and averaged approximately $1,056 per residential unit over the 10-year buildout.

All 5,170 units are built, and the Dougherty Valley project areas have been annexed into the City of San Ramon.

The Dougherty Agreement funds are for acquisitions from willing sellers of permanent easements or fee title for conservation or agricultural preservation purposes. Priorities for funding are for acquisitions, including permanent trails, open space, or agricultural preservation easements from willing sellers in areas north of I-580 and east of Collier Canyon Road within Alameda County.

PROJECT DESCRIPTION

The City is proposing to purchase in fee title of two properties for open space preservation and conservation. Both properties have significant biological, scenic and/or recreational value. The properties are outside of the City limits and outside the North Livermore Urban Growth Boundary in unincorporated Alameda County (see attachment 2). The properties are listed below as well the total cost to purchase them including transaction costs:

• 82-acre Hartford Hills property - $1,960,000
• 125-acre Greenville Road property - $2,140,000

STAFF ANALYSIS

Both properties are in unincorporated Alameda County and outside of the North Livermore Urban Growth Boundary. The properties are strategically located to preserve the open space buffers around Livermore and satisfy the City’s General Plan and Active Transportation Plan objectives. The properties have a City General Plan Land Use designation of Large Parcel Agriculture (LPA) and Alameda County zoning designation of Agriculture (A).
119

The City’s LPA designation is derived from the Alameda County East County Area Plan (ECAP) and applies to locations outside the City’s Urban Growth Boundary (UGB) but within the City’s designated “Planning Area”. The intent of the LPA designation includes agriculture support uses. If acquired, the City would own and manage the properties as permanently preserved open space. Staff proposes that the City acquire both properties in fee title.

Preserving the subject properties as open space in perpetuity would reinforce the Urban Growth Boundary, permanently preclude suburban expansion, and preserve natural lands in these areas.

Acquiring the properties for permanent open space would stabilize the property’s land use and allow permanent preservation through long-term management agreements with the City’s partner agencies.

Consistent with the City Council’s prior direction, City staff has negotiated purchase agreements with the property owner representatives for both properties. On April 16, 2024, the Planning Commission adopted resolutions finding the property acquisitions to be consistent with General Plan Policies for open space and conservation purposes (see General Plan Consistency discussion below). The City Council is responsible for authorizing the purchase and identifying the appropriating funding sources. Staff recommends the Council authorize the City Manager to execute the Purchase and Sale Agreements and all other documents necessary to acquire the properties.

Altamont Landfill Open Space Committee Funding Approval

On March 15, 2024, the Altamont Landfill Open Space Committee (Committee) approved grant applications for three properties. Staff has negotiated purchase and sale agreements with two out of the three properties. The properties are listed below as well the approved grant amounts.

Hartford Hills Property in the amount of $980,000
Greenville Road Property in the amount of $1,284,000.

According to the Altamont Landfill Settlement Agreement, the Livermore City Council and the Alameda County Board of Supervisors shall take affirmative action on Committee expenditure recommendations.

The actions must be in conformance with the Settlement Agreement provisions and must align with Livermore General Plan policy.

The Settlement Agreement's first priority is for the preservation of native biological diversity and/or wildlife habitat. The second priority is for the acquisition of property with significant value for visual character and/or non-motorized recreation. Additional criteria developed and utilized by the Open Space Committee includes Strategic Value in Land Protection, Additional Funding Sources, and Willing Sellers.

Both property acquisitions are consistent with each priority criteria as described below.

Staff recommends the City Council confirm that the Committee’s expenditure recommendations are consistent with the Altamont Landfill Settlement Agreement and the Livermore General Plan.

Citizens for Balance Growth

Section 6(d)(i) of the Dougherty Settlement Agreement contains the following clause related to the expenditure of funds from the settlement:
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“City staff will meet and confer with [Citizens for Balanced Growth] prior to formulating its recommendations for acquisitions.”

Consistent with the Dougherty Settlement Agreement, City staff made numerous attempts to meet-and- confer with Citizens for Balanced Growth (CBG) concerning the recommended expenditure of settlement funds to acquire the Properties for conservation and habitat preservation. City staff made requests in December, January, February, and March. City staff made a final request to meet-and-confer by April 24, 2024 (see attachment 6). Despite these repeated requests to meet-and-confer, CBG has not met with City staff. Based on the lack of communication and response from CBG, and consistent with the Dougherty Agreement, staff has concluded that CBG does not support the expenditure of Dougherty Valley settlement funds for the Hartford Hills Property listed in this staff report.

Staff recommends the City Council appropriate funds from the Dougherty Valley Settlement Agreement account for the total amount of $980,000 to provide approximately 50 percent of the acquisition cost for the Hartford Hills Property (82 acres - $980,000).

Hartford Hills Property

The Hartford Hills property, consisting of two adjacent parcels, is located within unincorporated Alameda County, north of Interstate 580 and to the west of the City boundary adjacent to Springtown (see attachment 3). The approximately 82-acre property contains potential habitat for special status species and potential regulated wetlands and/or waters, and the property is geographically suited as a wildlife corridor. Further, the property is strategically located to preserve the open space buffer around Livermore and satisfies City General Plan and Active Transportation Plan objectives as explained below.

During the Open Space Committee meeting on March 15, 2024, City staff presented a grant request for $980,000 to acquire the Hartford Hills property. Additional funding will be provided through the City’s Dougherty Valley Settlement Agreement Open Space Funds. The grant request included components and costs as shown in Attachment 1: Table 2.

The property generally consists of rolling hillsides, annual grassland, perennial and ephemeral drainage, a seasonal wetland/ vernal pool, and a stock pond. According to a Biological Assessment conducted by Olberding Environmental Inc, dated September 2023 (the Biological Assessment), the Arroyo Las Positas meanders through the property, with well incised and densely vegetated banks. The northeastern portion of the property also contains wetland depressions and upland mounds, with numerous ground squirrel burrows across the site.

The Biological Assessment notes that the natural features described above have the potential for jurisdictional waters and special status plant and wildlife species. Specifically, such perennial waters and seasonal wetlands with emergent vegetation provide highly suitable breeding and foraging habitat and supports California Red Legged Frog (CRLF), a Special Status Species.

The property provides a critical trail linkage identified in Livermore's Active Transportation Plan. The proposed Trail T-6 would extend across the property, connecting the existing Arroyo Las Positas trail to the north of Ponderosa Drive with the Las Colinas overpass. Trail T-6 would link Springtown with the rest of Livermore and provide a comfortable bike and pedestrian crossing of Interstate-580, and Trail T-6 cannot be completed without access across the subject property. For these reasons, the property offers 121
significant visual and non-motorized recreational value. Finally, Trail T-6 will be added to the City’s CIP list for construction within the next five years.

The property owner is a willing seller. Securing the subject property for permanent open space would stabilize the current land use and maintain the existing greenbelt in this area.

Greenville Road Property

The 125.5-acre Greenville Road Property is located approximately 1/2 mile east of Greenville Road, south of Interstate-580 (see Attachment 4). The Greenville Road Property is part of the Diablo Range, receives the highest ratings for Bird Areas and Critical Linkage from the the University of California Agriculture and Natural Resources mapping database (the Natural Resources Database), is within Federally designated critical habitat for the California Red Legged Frog, and is located within potential upland habitat for the Federally designated California tiger salamander. Additionally, according to the East Alameda County Conservation Strategy, the property is in Conservation Zone (CZ) 9. The annual grassland in CZ-9 supports various focal species, including non-breeding amphibian habitat, burrowing owl, American badger, and San Joaquin kit fox. The City’s long-term interest in the property is preservation in perpetuity for open space, while recognizing the significance of cattle grazing to the Livermore Valley’s cultural heritage and management of the property’s biological resources

The 125-acre property is strategically located and geographically suited to preserve the greenbelt around the City of Livermore and provide opportunities for wildlife connectivity with emphasis on safe crossings under I-580 which is a significant barrier. The Greenville Road Property is situated on the south side of I- 580 across the freeway from the Altamont Hills Property (currently in negotiations), which is located on the north side of I-580. Purchasing the Greenville Road property, on the southside of I-580, would present the City and its partners the opportunity to establish a conservation easement and provide a wildlife connection under a major freeway. Staff is currently in negotiations to acquire the Altamont Hills Property on the northside of I-580. The Alameda County Resource Conservation District (the Resource Conservation District) has identified the underpass below I-580 as an important wildlife movement area.

The Resource Conservation District and the UC Davis Road Ecology Center conducted a Wildlife Presence Research Report which identified the freeway underpass as a high wildlife activity area.

The Committee approved a grant request for 60% ($1,284,000) of the total $2,140,000 acquisition cost, including components and costs as shown in Attachment 1: Table 3. Additional funding will be provided through City’s Open Space Funds.

The property owners are willing sellers. The Greenville Road Property will be owned and managed as open space by the City of Livermore and potentially in partnership with Tri-Valley Conservancy and Resource Conservation District. The City may enable cattle grazing to maintain the property’s biological resources and work with partner agencies and organizations to help facilitate enhancement for wildlife crossings.

General Plan Consistency

Government Code Section 65402(a) requires that if a General Plan has been adopted, no real property shall be acquired by dedication or otherwise for public purposes until the location, purpose, and extent of such acquisition has been reported upon by the planning agency as to conformity with its adopted 122
General Plan. On April 16, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted separate resolutions, making the necessary findings, and determined the City’s acquisition of the properties is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined in the resolutions (see Planning Commission Resolutions contained in Attachments 12 and 15). The Planning Commission meeting minutes are contained in Attachment 5.

ENVIRONMENTAL DETERMINATION

The allocation of funds towards the acquisition of real property is not considered a “project” under California Environmental Quality Act and CEQA Guidelines Section 15378. A project is defined as: the whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Allocating funds would not approve a physical development project, would not physically change the environment, and would help to preserve natural habitat. Therefore, no environmental review is required for the funding allocations.

The property acquisitions are categorically exempt from CEQA in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands where the purpose of the acquisition is to preserve the land in its natural condition.

FISCAL AND ADMINISTRATIVE IMPACTS

The initial cost of the property acquisitions would have no impact on the City’s General Fund. The purchase price plus the transaction costs will be paid by the dedicated open space funding sources described above and summarized below. The acquisitions will have the following effects on the funding sources used in the acquisitions:

• The Altamont Landfill Settlement Open Space Fund for East Acquisition Priority Area expenditures would be reduced by $2,264,000, which would go to the Hartford Hills Property in the amount of $980,000 and Greenville Road Property in the amount of $1,284,000. These expenditures would reduce the fund from its current balance of approximately $21,616,000 to $19,352,000.

• The Dougherty Valley Settlement Agreement (Fund 925) would be reduced by $980,000 to acquire the Hartford Hills Property, reducing the fund from its current balance of approximately $5,028,960 to $4,048,960.

• The City's Open Space Acquisition and Management Account (Fund 642) would be reduced by $856,000 to acquire the Greenville Road Property, reducing the fund from its current balance of approximately $2,933,120 to $2,077,120.

As the landowner, the City would be responsible for stewarding the land, ensuring it is properly managed for its conservation values, and incurring typical property management costs. The City’s Open Space Conservation Program achieves this in a variety of ways.

Firstly, staff anticipates using best practices to minimize maintenance costs through grazing agreements with ranchers, similar to other open space properties the City owns. In addition, the City staff will work with its open space consultants and land conservancy partners (e.g. Tri-Valley Conservancy) to establish 123
permanent conservation easements and restore and enhance habitat on these properties through the sale of mitigation values. The sale of mitigation values results in a permanent conversation easement, long term management planning, and provides dedicated funding to cover the long-term maintenance costs through a non-wasting endowment. Any future conservation easement sale would return to Council for authorization.

The annual maintenance costs can vary depending on the particular property attributes. On average, the City can anticipate an approximate range of between $10,000 to $15,000 per year for maintenance. As noted above, these costs can be offset or eliminated if the City is able to identify mitigation value and sell mitigation credits on the properties. Council created the Open Space Mitigation Revenue Fund (Fund 642) to cover ongoing maintenance costs on open space land. Fund 642 is a special account generated from revenues received from the sale of mitigation values on City owned property. Funds are restricted to open space management (for properties not held under easement or with dedicated long term management fund) and for open space acquisitions.

COMMUNITY PILLAR
3: Environmental Stewardship

GOAL
1: Lead Efforts to Implement the Updated Climate Action Plan in Collaboration with Internal and External Partners

ATTACHMENTS

1. Financial Analysis

2. Property Acquisitions Map

3. Location Map - Hartford Hills Property

4. Location Map - Greenville Road Property

5. Planning Commission Meeting Minutes

6. Letter to Citizens for Balanced Growth

7. Public Comment

8. Resolution - Hartford Hills Concurrence of Funds

9. Resolution - Greenville Road Concurrence of Funds

10. Resolution - CEQA Hartford Hills Property

11. Resolution - CEQA Greenville Road Property

12. Resolution - Hartford Hills Authorizing City Manager

13. Exhibit A - Planning Commission Resolution

14. Exhibit B - Hartford Hills Purchase and Sale Agreement

15. Resolution - Greenville Road Authorizing City Manager

16. Exhibit A - Planning Commission Resolution

17. Exhibit B - Greenville Road Purchase and Sale Agreement

18. Resolution - Hartford Hills Acquisition Funding

19. Resolution - Greenville Road Acquisition Funding

Prepared by: Kam Purewal
Associate Planner

124

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
125
1 Table 1: Approved Acquisitions in the eastern acquisition priority area City Council
Date
Grant
Amount
Acres Acquisition Entity Location
February 25,
2008
$200,000 80 East Bay Regional
Park District
Adjacent to Del Valle
Regional Park
(Newbury Property)
July 13, 2009 $1,040,465 107 City of Livermore Doolan Road adjacent to UGB and City
Boundary
September 27,
2010
$300,000 74 Tri-Valley
Conservancy
Bobba Property off
Arroyo Road near the
Veteran’s Hospital
October 25,
2010
$2,000,000 633 East Bay Regional
Park District
Doolan Ranch
June 27, 2011 $1,000,000 65 East Bay Regional
Park District
Farber Property
October 28,
2013
$420,000 81 City of Livermore Doolan Road north of
City-owned properties
December 9,
2013
$500,000 79 East Bay Regional
Park District
Eddie’s Flat between
Vasco and Lauglin
Road
October 27,
2017
$132,200 2 East Bay Regional
Park District
Gosselin Staging Area
and Trail Easement
into Doolan Canyon
Preserve
December 10,
2018
$1,000,000 137 City of Livermore Doolan Road adjacent
to Dublin and in
proximity to Doolan
Ranch
January 29,
2019
$500,000 0 Tri-Valley
Conservancy
Shadow Cliffs to Del
Valle Trail Bridge
November 27,
2023
$145,810 0 California Rangeland
Trust
DC Ranch
Conservation
Easement
Total $7,238,475 1,258
ATTACHMENT 1
126
ATTACHMENT 1

2 Table 2 – Hartford Hills Property ALOSC Grant Request

Table 3 – Greenville Road Property ALOSC Grant Request

ATTACHMENT 1
127
Proposed Property Acquisitions
3 1

1. Hartford Hills Property

2. Greenville Road
Property
ATTACHMENT 2
*Not exact property lines.
(see location maps for each
property)
128
City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
16,000Livermore IT, GIS Services
2,666.7
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 1,333.33 Feet2,666.70
4/3/2024 10:19:19
AM
Prepared:

Notes:

Scale:

ATTACHMENT 3
Hartford Hills Property
1 2
129
800
Feet
• Scale: 1 :4,800 1 in = 400 feet
A &

OLBERDING
•ENVIRONM ENTAL·
Print at 8.5" x 11"
193 Blue Ravine Road, Ste. 165
Folsom, CA 95630
Phone: (916) 985-1188
Figure 4: Aerial Map
Hartford Hills Estates
Alameda County, California
Revision Date: 09/21/2023
ATTACHMENT 3
Hartford Hills Property
130
City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
16,000Livermore IT, GIS Services
2,666.7
1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 1,333.33 Feet2,666.70
4/3/2024 10:16:30
AM
Prepared:

Notes:

Scale:

Greenville Road Property
ATTACHMENT 4
131
E
125-acre parcel*
*not exact property lines
Potential wildlife connection
Greenville Road Property
ATTACHMENT 4
132
125-acre parcel*
E
*not exact property lines
Potential wildlife connection
ATTACHMENT 4
133
PL

ANNING COMMISSION
APRIL 16, 2024
________________________________________________________________ REG

ULAR MEETING

1. CAL
L TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Jacob Anderson at 7:00 pm, held in person at 1016 S.

Livermore Avenue.

ROL
L CALL – Present: Chairperson Jacob Anderson, Vice-Chairperson Yolanda Fintschenko, Commissioner Steven Dunbar, Commissioner Daniel Leary, Commissioner Tracy Kronzak.

PLED

GE OF ALLEGIANCE

3. O
PEN FORUM – NONE.

4. CO

NSENT CALENDAR

4.1 A
pproval of the March 5, 2024 Planning Commission Draft Meeting Minutes.

Re
commendation:

Staff recommends the Planning Commission approve the draft minutes.

ON T

HE MOTION OF COMMISSIONER DUNBAR, SECONDED BY
COMMISIONER FINTSCHENKO AND CARRIED ON A 5 -0 VOTE, THE PLANNING COMMISSION APPROVED THE CONSENT CALENDAR.

5. P
UBLIC HEARINGS – NONE.

6. M
ATTERS FOR CONSIDERATION – NONE

6.1 Consideration of General Plan Consistency Determinations for the acquisition of three properties for open space and conservation purposes.

Re
commendation:

St
aff recommends the Planning Commission adopt three separate resolutions approving Consistency Determination (CD) 24-001, Consistency Determination (CD) 24-002, and Consistency Determination ATTACHMENT 5
134
(CD) 24-003, finding the City’s acquisition of the following three properties for open space and conservation is consistent with Livermore’s 2003 General Plan.

1. Consistency Determination (CD) 24-001 - 82 acres (Hartford Hills Property - APNs: 902-9-3-1, 902-9-3-2)

2. Consistency Determination (CD) 24-002 - 32 acres (Altamont Hills Property - APN: 99B-5680-4)

3. Consistency Determination (CD) 24-003 - 125.5 acres (Greenville Road Property - APN:
99B-5685-12)

Associate Planner Kam Purewal presented the staff report.

Chairperson Anderson opened the public comment period.

David Furst , Sierra Club, indicated the Sierra Club provided grant funds to purchase the three properties and he suggested the cross be removed from the property.

Jean King indicated support for the purchase of the three properties to support the City’s goals for biological diversity, open space, flood control and non- motorized uses and in keeping with the Livermore Urban Growth Boundary. She encouraged the City to work with the Tri Valley Conservancy to establish easements in perpetuity and concurred that the City should remove the cross from the property.

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

Commissioner Kronzak indicated review of the Community Character and Open Space policies in the General Plan.

In response to Commissioner Dunbar , Associate Planner Purewal and Economic Development Manager Andy Ross discussed the goal for Trail 6 to be completed within five years based on resources; allowable uses in the agricultural zone; and purpose of nonwasting endowment. Staff indicated it would provide data on noise and lights from the freeway impacting the parcels and confirmed that the trail was within the Active Transportation Plan but not as imminent as the Hartford Hills Trail.

Commissioner Leary p ointed out benefits of the parcels including providing a permanent buffer to urban sprawl, preserv ing scenic corridors, maintaining rural character and the recreation aspect.

In response to Commissioner Dunbar, Associate Planner Purewal and Economic Development Manager Ross indicated the properties were owned by private sellers and within the jurisdiction of the County; due diligence would be conducted; and the powerline towers were for PG&E. Staff explained that the parcels would allow s tormwater and flood control issues in alignment with the City’s Climate ATTACHMENT 5
135
Action Goals.

In response to Vice Chair Fintschenko, Associate Planner Purewal and Economic Development Manager Ross confirmed that the Hartford Hills property roadway, utilities and sidewalk would no longer be extended; p urchasing both properties would increase the opportunity to establish wildlife crossings ; ownership under the freeway and efforts to work to preserve then enhance the property; the Climate Action Plan support ed acquisition of parcels; and the r elationship between the General Plan and Climate Action Plan.

Commissioner Kronzak confirmed the ultimate destination of the T6 Trail.

Chair Anderson confirmed that the Planning Commission was tasked with determining the acquisition met the policies and goals of the 2003 G eneral Plan but they would likely comply with the updated General Plan. He stated the acquisition would also fulfill the requirements of the Conservation and O pen Space Elements and was consistent with current General Plan.

Commissioner Dunbar asked the status of the cross property . Economic Development Manager Ross stated a determination had not been made on what the City would do moving forward. Commissioner Dunbar indicated he could make the finding that acquisition furthered the General Plan policies.

ON THE MOTION OF COMMISSIONER KRONZAK, SECONDED BY
COMMISSIONER DUNBAR AND CARRIED ON A 5 -0 VOTE, THE PLANNING COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 0 6-24 approving C onsistency Determination ( CD) 24 -001 for the acquisition of approximately 82 acres (Hartford H ills Property – APNs: 902-9-3-1, 902-9-3-2)

Resolution 07-24 approving Consistency Determination (CD) 24-002 for the acquisition of approximately 32 Acres (Altamont Hills Property – APN: 99b-5680- 4)
Resolution 08-24 approving Consistency Determination (CD) 24-003 for the acquisition of approximately 125.5 acres (Greenville Road Property – APN: 99b- 5685-12)

7. MATTERS INITIATED BY PLANNING COMMISSION AND STAFF

Commissioner Dunbar expressed concern with bicycle safety.

ATTACHMENT 5
136
The Commissioners commended Senior Assistant City Attorney Kim Cilley and wished her well in future endeavors.

Se
nior Assistant City Attorney Kim Cilley stated no appeal was filed in the Forum Mobility decision.

8. ADJ
OURNMENT – at 7:46 pm to a Regular Planning Commission Meeting on Tuesday, May 7, 2024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

ATTACHMENT 5
137
ATTACHMENT 6
138
ATTACHMENT 6
139
ATTACHMENT 6
140
Board of Directors
Jim Felton
President
Giselle Jurkanin
Secretary
Burt Bassler
Treasurer
Keith Alley
Steve Balling
John Gallagher
Liz Harvey Roberts
Claudia Hein
Scott Hein
Maga Kisriev
Shirley Langlois
Bob Marx
Doug Matthew
Amara Morrison
Phil O’Loane
Robert Phelps
Malcolm Sproul
Jeff Stone
Achilleus Tiu
Directors
Staff Directors
Edward Sortwell Clement Jr.

Executive Director
Seth Adams
Land Conservation Director
Sean Burke
Land Programs Director
Monica E. Oei
Finance & Administration
Director
Karen Ferriere
Development Director
Founders
Arthur Bonwell
Mary L. Bowerman
Proud Member of
Land Trust Alliance
California Council of Land Trusts
Together Bay Area
July 1st, 2024
Marie Weber, City Clerk
Livermore City Council
1052 South Livermore Av.

Livermore, CA, 94550
Save Mount Diablo Letter of Support for Open Space Acquisitions Dear Livermore City Council and Ms. Weber,
Save Mount Diablo (SMD) is a nationally accredited land trust founded in 1971 with a mission to preserve Mount Diablo’s peaks, surrounding foothills, watersheds, and its sustaining Diablo Range.

We accomplish this through land conservation and management strategies designed to protect the mountain’s natural beauty, biological diversity, and historic and agricultural heritage; enhance our area’s quality of life; and provide educational and recreational opportunities consistent with protection of natural resources.

We acquire land, or interests in land, for conservation purposes and often for addition to parks on and around Mount Diablo. We are involved in land use planning, policy and advocacy which might affect protected lands. We build trails, restore habitat, and are conduct environmental education. In 1971, there was just one park on Mount Diablo totaling 6,778 acres; today there are almost 50 parks and preserves around Mount Diablo totaling 120,000 acres. We include more than 11,000 donors and supporters.

We are writing this letter to support Livermore City staff’s recommendation with respect to the agendized open space acquisitions of the Altamont Hills and Greenville Road properties. We encourage the City Council to authorize the purchase and sales agreements and allocate City funds for these acquisitions.

We spoke in support of Livermore receiving funds for these acquisitions at meetings of the Altamont Landfill Open Space Committee several months ago, and we are pleased that this project is advancing another step.

These properties are located at the narrowest point (about 7 miles) of the 200-mile-long Diablo Range. It is essential to maintain this mostly undeveloped corridor between Livermore and Tracy if north-south wildlife movement and ecological connectivity between the Mount Diablo region and the rest of the Diablo Range further south is to continue.

I-580 already negatively impacts biological connectivity across the width of this pinch-point, and there are only a few places where wildlife are able to safely cross under it. These properties are located right next to one of these crossing points, which has already been identified by several authoritative sources, discussed below, as essential to the ecological integrity of the region.

Moreover, the properties themselves are recognized as essential wildlife habitat for threatened species.

ATTACHMENT 7
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Acquisition Would Help Protect a Crucial Wildlife Corridor As we pointed out above, these properties are located in the narrowest part of the Diablo Range: a 7-mile wide corridor of largely undeveloped land between Livermore and Tracy that connects the Mount Diablo region with the rest of the 200-mile long Diablo Range.

The most important natural resource planning tools in the region recognize this area as extremely important for the ecological integrity of the Bay Area. For example, the Conservation Lands Network (CLN; https://www.bayarealands.org/) is a regional conservation strategy for the San Francisco Bay Area, with a set of goals and science-based decision-making tools that support strategic investments in land protection and stewardship. It equips the Bay Area to respond to climate change, connect landscapes, and connect upland and bayland conservation.

Figure 1 below shows that CLN identifies these properties as either “Essential” to meeting the conservation goals of the region (meaning that it must be left undeveloped and protection must be established in order to meet said goals), “Important” to meeting conservation goals or areas that “Ensure a connected network” of protected lands. Goals range from maintaining crucial ecological and hydrological processes to conserving irreplaceable landscapes.

Figure 1. Map of area that the properties are located in on the Conservation Lands Network (CLN) Explorer Tool. Note that most of the area of the properties consists of “Areas Essential to Conservation Goals” (shown in dark blue), “Important to Conservation Goals (shown in light blue), or “Areas that Ensure a Connected Network (show in purple). All these classifications are important to achieving the science-based conservation goals of the CLN. Legend on the left side of the image. The area outlined in red is the area that was being considered for a potential expansion of Livermore’s Urban Growth Boundary. This figure highlights the importance of the open space property acquisitions being considered, and the negative effects of the UGB expansion.

ATTACHMENT 7
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In addition, the Critical Linkages Report (HERE) prepared for the nine county Bay Area region to identify vital wildlife corridors also identifies these properties as an essential area. This report complements CLN by providing a detailed analysis of areas where maintenance or restoration of ecological connectivity is essential to conserving biological diversity, wildlife crossings, and corridors. Figure 2 below shows that the properties are in the vital Mt.

Diablo-Diablo Range linkage identified in the report. Figure 3 more precisely shows the area and that these properties are part of this vital corridor.

Figure 2. Map and legend of the Mt. Diablo-Diablo Range Critical Linkage as shown in the Critical Linkages Report, with the general area of the properties circled in red (see Fig. 3 for a more detailed aerial view of the linkage and properties area).

ATTACHMENT 7
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Figure 3. Map from the Bay Area Greenprint Analyze and Report Tool showing the designated Mt. Diablo-Diablo Range Critical Linkage (in green). Note that the open space acquisition properties are in this corridor. The area outlined in red is the area that was being considered for a potential expansion of Livermore’s Urban Growth Boundary. This figure highlights the importance of the open space property acquisitions being considered, and the negative effects of the UGB expansion.

We can accurately see that the properties are in this corridor in Fig. 3 with Bay Area Greenprint (https://www.bayareagreenprint.org/). This tool reveals the multiple benefits of natural and agricultural lands, empowering users to inform land use decisions with better data. The Bay Area Greenprint identifies, maps, and measures the values that natural resources contribute to the ecosystem, the economy, and the local and regional community. The goal of the Bay Area Greenprint is to provide a regional source of accessible conservation data and a framework for interpretation for planners, agencies, conservation practitioners, and other community stakeholders to facilitate the incorporation of natural and agricultural values information early into land use and infrastructure planning.

These properties are a perfect example of how Bay Area Greenprint can be used to confirm the location of ecologically crucial areas, like the properties being considered for open space acquisition, that should be protected.

Properties are in a “Hotspot” of Protected Status Species The properties are located in an area that is not only part of a vital wildlife and ecological corridor for the region, but also a recognized “hotspot” for protected species that require compensatory mitigation. Figure 4 below shows ATTACHMENT 7
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us through Bay Area Greenprint that the vast majority of the area has been determined to be a “hotspot” for species with regulatory protective status that requires compensatory mitigation when they are impacted by development. Even those areas that are not identified as “hotspot” are identified as lands with “many” or “some” protected species that require mitigation when impacted by development.

Figure 4. Map of area on the Bay Area Greenprint Analyze and Report Tool, overlayed by categories of data showing the number of species with regulatory protective status that requires compensatory action to mitigate development impacts. Note that most of the area is a “hotspot” (ie, has a very high number of species) for species that require compensatory mitigation (violet/purple color), and the rest of the site consists of land with “many” or “some” species that require compensatory mitigation. Legend is on the left side of the image. The area outlined in yellow is the area that was being considered for a potential expansion of Livermore’s Urban Growth Boundary. This figure highlights the importance of the open space property acquisitions being considered, and the negative effects of the UGB expansion.

This is not surprising given that designated critical habitat for several listed species, including California tiger salamander, California red-legged frog, and Alameda whipsnake, is located just a few miles from the properties, and in the case of California red-legged frog, lies directly adjacent to, or is even located on, the properties. Given the dispersal ranges of these species, it is entirely possible that the properties serve as habitat for each one of these species.

Thank you for the opportunity to provide comments on these open space acquisition proposals. We support Livermore City staff’s recommendation and encourage the City Council to authorize the purchase and sales agreements and allocate City funds for these important properties.

Regards,

Juan Pablo Galván Martínez
Senior Land Use Manager
ATTACHMENT 7
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RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ACCEPTING THE ALTAMONT LANDFILL OPEN SPACE COMMITTEE’S RECOMMENDATION TO EXPEND FUNDS IN THE AMOUNT OF $980,000 FOR THE PURCHASE OF HARTFORD HILLS PROPERTY (82-ACRES)

IN EASTERN ALAMEDA COUNTY
(APNS 902-9-3-1 AND 902-9-3-2)
The City of Livermore’s General Plan includes goals for long-term preservation of open space, including low-intensity agriculture, habitat protection, watershed management, and recreational uses.

In 1996, Alameda County certified an Environmental Impact Report and approved a conditional use permit for expansion of the Altamont Landfill by Waste Management of Alameda County, Inc., resulting in litigation.

In 1999, the lawsuit parties (Alameda County, the cities of Livermore and Pleasanton, the Sierra Club, Northern California Recycling Association, Altamont Landowners Against Rural Mismanagement, and Waste Management of Alameda County, Inc.) entered into a settlement agreement relating to the proposed expansion of the Altamont Landfill (“Settlement Agreement”).

The Settlement Agreement provides for collection of a fee allocated to an Open Space Account for expenditure on open space acquisitions in fee or permanent easement. The Settlement Agreement required Alameda County to convene an advisory committee comprised of four members as follows: one member appointed by Alameda County, one member appointed by the City of Livermore, one member appointed by the City of Pleasanton, and one member appointed by the Sierra Club (“Open Space Committee”).

The Settlement Agreement establishes criteria that limit the use the funds in the Open Space Account to open space acquisition including properties having significant value for preservation of native biological diversity and/or wildlife, and properties having significant value for visual character, and/or non-motorized recreation. The Open Space Committee has developed and utilized additional criteria for the use of the funds, including strategic value in land protection, additional funding sources, and willing sellers.

The Settlement Agreement assigns the Open Space Committee the responsibility to make recommendations on priority lists and allocations for the expenditure of the Open Space Account funds, and then requires the County and the respective city (depending upon the acquisition area) to determine whether the Open Space Committee’s recommendation is consistent with the Settlement Agreement and the Open Space Committee’s priorities. The City of Livermore, Alameda County, and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the eastern acquisition priority area that receives 80% of the Open Space Account funds. The City of Pleasanton, Alameda County, and the Sierra Club represent the voting members of the Open Space Committee for acquisitions in the western acquisition priority area that receives 20% of the Open Space Account funds.

On March 15, 2024, the Open Space Committee considered the City of Livermore's request for a grant in the amount of $980,000 to acquire the Hartford Hills Property (82-acres - APNS 902-9-3-1 and 902-9-3-2).
146
RESOLUTION NO.

The Hartford Hills property is located within the eastern acquisition priority area. The Open Space Committee recommended expending $980,000 (50% of the acquisition cost) from the Open Space fund for a grant to the City of Livermore for acquisition and recommended the Livermore City Council and the Alameda County Board of Supervisors determine that the expenditure is consistent with the Settlement Agreement and the Open Space Committee’s priorities.

The Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the acquisition of the Hartford Hills Property, is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines section 15378, because an approval of the expenditure of funds would not approve a physical development project, would not physically change the environment, and would help preserve natural habitat. Therefore, no environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that based upon its own independent review of the entire record it hereby finds the Open Space Committee’s recommendation for the expenditure of $980,000 of Altamont Open Space Funds to fund the grant request by the City of Livermore to purchase and manage the Hartford Hills Property is consistent with the Livermore General Plan and the priorities set by the Settlement Agreement and the Open Space Committee.

On motion of Council Member , seconded by Council Member , the foregoing resolution was passed and adopted on July 8, 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
147
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE ALTAMONT LANDFILL OPEN SPACE COMMITTEE’S RECOMMENDATION TO EXPEND FUNDS IN THE AMOUNT OF $1,284,000 FOR THE PURCHASE OF GREENVILLE ROAD PROPERTY (125.5-ACRES) IN EASTERN ALAMEDA COUNTY (APN: 99B-5685-12)
The City of Livermore’s General Plan includes goals for long-term preservation of open space, including low-intensity agriculture, habitat protection, watershed management, and recreational uses.

On March 15, 2024, the Open Space Committee considered the City of Livermore's request for a grant in the amount of $1,284,000 to acquire the Greenville Road Property (125.5 acres – APN: 99B-5685-12).
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RESOLUTION NO.

The Greenville Road Property is located within the eastern acquisition priority area. The Open Space Committee recommended expending $1,284,000 (60% of the acquisition cost) from the Open Space fund for a grant to the City of Livermore for acquisition and recommended the Livermore City Council and the Alameda County Board of Supervisors determine that the expenditure is consistent with the Settlement Agreement and the Open Space Committee’s priorities.

The Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the acquisition of the Greenville Road Property, is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines section 15378, because an approval of the expenditure of funds would not approve a physical development project, would not physically change the environment, and would help preserve natural habitat.

Therefore, no environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that based upon its own independent review of the entire record it hereby finds the Open Space Committee’s recommendation for the expenditure of $1,284,000 of Altamont Open Space Funds to fund the grant request by the City of Livermore to purchase and manage the Greenville Road Property is consistent with the Livermore General Plan and the priorities set by the Settlement Agreement and the Open Space Committee.

On motion of Council Member , seconded by Council Member , the foregoing resolution was passed and adopted on July 8, 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
149
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE ACQUISITON OF THE HARTFORD HILLS PROPERTY (82 ACRES – APNS 902-9-3-1 AND 902-9-3-2) IS EXEMPT FROM THE

PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
In July and November of 2023, the City Council authorized staff to enter negotiations with the property owner to acquire in fee title for open space and conservation purposes. The property is located outside of the city limits and outside of the North Livermore Urban Growth Boundary.

On March 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore’s grant applications for the acquisition of the Hartford Hills Property. On April 16, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution and determined the City’s acquisition of the Hartford Hills Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined below.

On July 8, 2024, the City Council considered the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project the City Council reviewed written and oral staff reports on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVEDbythe City Council of the City of Livermore that based upon the City Council's own independent review of the Record Evidence and considerations the City Council hereby finds that the Project is categorically exempt under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15313, which exempts acquisitions of lands for the purpose of conservation, and none of the exceptions to the exemption listed in Section 15300.2 apply.

Exceptions - Section 15300.2
None of the exceptions to the categorical exemption listed in CEQA Guidelines Section 15300.2 apply, as described below.

1. Location. This exception does not apply. Categorical Exemption Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located.

The proposed land acquisition qualifies for a Class 13 Categorical Exemption and, therefore, is not subject to this possible exception due to project location. 150
RESOLUTION NO.

2. Cumulative Impact. The undeveloped and vacant property will remain as open space. The property will be managed for its conservation value and will be encumbered with a conservation easement. The acquisition of the property would not result in any significant impacts, and its contribution to regional growth is not cumulatively considerable. Therefore, the property acquisition will not result in any cumulative impacts.

3. Significant Effects Resulting from Unusual Circumstances. There is no reasonable possibility that the acquisition of the property will have a significant effect on the environment due to unusual circumstances. There is no evidence that any unusual circumstances exist. The undeveloped and vacant property will remain as open space. The property will be managed for its conservation value and will be encumbered with a conservation easement.

4. Scenic Highways. The property site is not designated as a Scenic Highway by the California Department of Transportation. No damage to scenic resources will occur because the Project is not located within the Scenic Corridor of the General Plan. The Project site is not designated as a Scenic Highway by the California Department of Transportation. No damage to scenic resources will occur because the Project is not located within the Scenic Corridor of the General Plan.

5. Hazardous Waste Sites. The project is not included on the list of hazardous waste facilities compiled pursuant to California Government code Section 65962.5, which comprises the following five parts: the list of Hazardous Waste and Substances sites from the Department of Toxic Substances Control (DTSC) EnviroStor database; the list of Leaking Underground Storage Tank (LUST) sites from the State Water Resource Control Board (SWRCB) Geotracker database; the list of solid waste disposal sites identified by the SWRCB with waste constituents above hazardous waste levels outside the waste management list; the list of active Cease and Desist Orders or Cleanup and Abatement Orders that concern the discharge of wastes that are hazardous materials; or the list of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.

6. Historical Resources. The site is not a historical resource and therefore will not cause a substantial adverse change in the significance of a historical resource.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk if the project is approved.

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council. 151
RESOLUTION NO.

On motion of Council Member ________________, seconded by Council Member _________________, the foregoing resolution was passed and adopted on July 8, 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
152
RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE ACQUISITON OF THE GREENVILLE ROAD PROPERTY (125.5 ACRES – APN 99B-5685-12) IS EXEMPT FROM THE

On March 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore’s grant applications for the acquisition of the Greenville Road Property.

On April 16, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution and determined the City’s acquisition of the Greenville Road Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined below.

On July 8, 2024, the City Council considered the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

Exceptions - Section 15300.2
None of the exceptions to the categorical exemption listed in CEQA Guidelines Section 15300.2 apply, as described below.

1. Location. This exception does not apply. Categorical Exemption Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located.

The proposed land acquisition qualifies for a Class 13 Categorical Exemption and, therefore, is not subject to this possible exception due to project location. 153
RESOLUTION NO.

6. Historical Resources. The site is not a historical resource and therefore will not cause a substantial adverse change in the significance of a historical resource.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk, if the project is approved.

On motion of Council Member ________________, seconded by Council Member _________________, the foregoing resolution was passed and adopted on July 8, 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
155
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE

AND SALE AGREEMENT FOR THE ACQUISITON OF THE HARTFORD HILLS PROPERTY (82 ACRES – APNS 902-9-3-1 AND 902-9-3-2)
In July and November of 2023, the City Council authorized staff to enter negotiations with the property owner to acquire in fee title for open space and conservation purposes. The property is located outside of the city limits and outside of the North Livermore Urban Growth Boundary.

On March 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore’s (“City”) grant applications for the acquisition of the Hartford Hills Property. On April 16, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution and determined the City’s acquisition of the Hartford Hills Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined below.

The Livermore 2003 General Plan includes a Community Character Element with the following goals, objectives, and policies regarding the preservation and enhancement of Livermore’s natural environment as a valuable component of Livermore’s character and identity (Exhibit A).

Goal CC-1 - Preserve and enhance Livermore’s natural setting.

Objective CC-1.1 - Use open space to protect and enhance local community character and identity, to preserve rural characteristics, and to provide an edge to urban growth.

Policy CC-1.1 P6 - The City shall maintain an area of non-urbanized land surrounding Livermore to serve as a buffer between communities. Uses that are considered compatible with this area include agriculture, grazing, open space, recreation, and reclaimed sand and gravel extraction.

Policy CC-1.1 P7 - Open space shall be used to protect and enhance local community character and identity, and to guide the physical shape and direction of urban growth to preserve the rural characteristics of the area.

The City’s acquisition will also implement the following General Plan goals, objectives, and policies regarding Open Space and Conservation:

Goal OSC-1 - Conserve the value and function of Livermore’s open space as a biological resource.
156
RESOLUTION NO. ________
Objective OSC-1.1 - Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique, or represent valuable biological resources.

Objective OSC-5.1 - Provide a comprehensive system of parks and recreation facilities in Livermore.

Policy OSC-5.1 P6 - The City shall coordinate and cooperate with LARPD and EBRPD in developing adequate regional park space around Livermore to serve foreseeable population increases in Livermore and its environs.

The proposed land acquisition will implement the following General Plan Land Use goals and objectives related to the North Livermore Urban Growth Boundary:

Goal LU-5 - It is the goal of the City to establish a coherent and logical pattern of urban uses that protects and enhances open space and agricultural uses by providing a clear and permanent boundary for urban uses within the City’s Planning Area.

Objective LU-5.1 - Maintain an Urban Growth Boundary to protect open space and agricultural uses in North Livermore.

The proposed land acquisitions will implement the following General Plan Strategy related to the Climate Action Plan:

S-1.4 - Preserve open spaces. Continue the City’s open space preservation efforts to preserve open space as conservation or working land to maintain carbon sequestration and other benefits.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public meeting, the City Council reviewed written and oral staff reports, took testimony, and received into the record all pertinent documents (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it has considered the Record Evidence and adopted a resolution finding the acquisition of the Hartford Hills Property (82 acres – APNs: 902-9-3-1 and 902-9-3-2) to be exempt from the California Environmental Quality Act in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands for the purpose of conservation.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk.
157
RESOLUTION NO. ________
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a Purchase and Sale Agreement and all other documents necessary for the acquisition of the Hartford Hills Property (Exhibit B).

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on July 8, 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 – Planning Commission Resolution
Exhibit B – Hartford Hills Purchase and Sale Agreement
158

EXHIBIT A
159

EXHIBIT A
160

EXHIBIT A
161

PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This P
urchase and Sale Agreement and Escrow Instructions (“Agreement”) dated as of _______ _______ , 20 24 (the “ Effective Date”), is made by and between the City of Livermore, a municipal corporation (“ Buyer”) and Hartford Hills Estate s, L td., a California limited partnership , (“Seller”).

RECITALS
A. Seller is the owner of the Property (as defined in Section 1 below) pursuant to that certain (Grant Deed) for APN No. 902-9-3-1 dated May 11, 1988, and recorded on May 12,1988, in the Official Records of Alameda County, California as Instrument No. 88 -113342 and (Grant Deed) for APN No. 902-9-3-2 dated March 7, 1988 an recorded on March 31, 1988, in the Official Records of Alameda County, California as Instrument No. 88-077874.

B. Buyer wishes to purchase the Property from Seller, and Seller wishes to sell the Property to Buyer, each upon the terms and conditions in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Buyer and Seller agree as follows:

1. Purchase of t he Property. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller the following (collectively, the “Property”):

1.1. Real Property. That certain real property located in Alameda County, California, consisting of approximately a total of (82) acres of land, relating to APNs: 902-9-3-1 and 902-9-3-2, as more particularly described in Exhibit A attached hereto, together with all privileges, rights, easements, and appurtenances belonging to such real property (collectively, the “ Real Property”).

1.2. Improvements. Any and all improvements, buildings, facilities, fixtures, structures, fences, and parking areas located on the Real Property (collectively, the “Improvements”).

1.3. All Other Tangible and Intangible Rights and Assets . All other rights and assets, tangible or intangible and wherever located, which relate to the Real Property.

2. Purchase Price. The purchase price for the Property (“ Pur chase Price”) shall be $1,920,000 One Million Dollars Nine Hundred and Twenty Thousand Dollar (purchase price), and shall be payable as follows:

2.1. Deposit. Within fi
ve (5) business days of Effective Date, Buyer shall deposit into Escrow 50% of the Purchase Price, for a sum of Nine Hundred and Sixty Thousand Dollars ($960,000) in cash (“Deposit”). In the event that Buyer exercises the option, in its sole discretion, to terminate this Agreement, the Escrow Holder shall be, and is hereby irrevocably instructed by Seller and Buyer, to immediately pay to Buyer the full amount of the Deposit and any interest earned thereon without further instructions.

DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

EXHIBIT B
162

3. Escrow; Closing Conditions.

3.1. Escrow. Upon full execution and delivery of this Agreement, Buyer shall promptly open an escrow account (“Escrow ”) with First American Title Company, located at 4900 Hopyard Road, Suite 110, Pleasanton, CA 94588 (Attn: Kellie Sanders – (925) 460-0790) (“Escrow Holder”). This Agreement shall, to the extent possible, serve as escrow instructions. The parties agree to execute such additional escrow instructions as may be required by Escrow Holder, which instructions shall be consistent with this Agreement. The “Close of Escrow” shall occur as soon as practicable after the satisfaction of all conditions precedent specified in this Agreement, but in any event, on or before thirty (30) business days following the Effective Date.

3.2. Fees. Buyer shall pay all of Escrow Holder’s fees, including escrow charges and fees. Buyer shall pay the costs of a CLTA Standard Owner’s Policy of Title Insurance with respect to the Real Property insuring Buyer in the full amount of the Purchase Price, all documentary transfer taxes, and recording fees. Buyer shall pay for the costs of any endorsements to the Title Policy (as hereinafter defined) and the incremental cost of an ALTA Extended Owner’s Policy of Title Insurance if Buyer desires to obtain such a policy. As used herein, “Title Policy” shall mean a CLTA Standard Owner’s Policy of Title Insurance and, if applicable, an ALTA Extended Owner’s Policy of Title Insurance, subject only to the Permitted Exceptions (as hereinafter defined) and containing such endorsements as Buyer may require in its sole discretion.

3.3. Deposit of Documents into E
scrow.

3.3.1. Seller shall deposit with Escrow Holder the following items no later than five (5) business days after the Effective Date, duly executed and acknowledged where required:
a. The Grant Deed;
b. Completed Franchise Tax Board Form 597-W and an affidavit certifying that Seller is not a “foreign person” as defined in the Internal Revenue Code; c. A completed California Form 593- C (which provides that no portion of the Purchase Price shall be required to be withheld by or on behalf of Buyer), duly executed by Seller; and
d. Any other documents, instruments or agreements reasonably required to be delivered hereunder to Escrow Holder or to Buyer in order to consummate the transactions contemplated by this Agreement.

3.3.2. Buyer shall execute and/or deliver the following to the Escrow Holder for delivery or disbursement to Seller on Close of Escrow:
a. The Purchase Price;
b. Escrow Holder’s costs and expenses, as herein provided; and c. Any other documents, instruments or agreements reasonably required to be delivered DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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hereunder to Escrow Holder or to Seller in order to consummate the transactions contemplated by this Agreement.

3.4. Close of E scrow. Escrow Holder shall do all of the following upon Close of Escrow:

3.4.1. Record the Grant Deed, with a Certificate of Acceptance, in the Official Records of Alameda County, California;

3.4.2. Cause the Title Policy to be issued to Buyer within a reasonable time after Close of Escrow; and

3.4.3. Disburse the Purchase Price to Seller less the amount of any other closing expense payable by Seller pursuant to the terms of this Agreement.

4. Title M atters; Insurance.

4.1. Title. Title to the Property shall be conveyed to Buyer free and clear of all liens, claims and encumbrances except as permitted in this Section (the “Permitted Exceptions”).

4.2. Approval of Exceptions. Within five (5) business days after Escrow is opened, or as soon thereafter as reasonably possible, Seller shall cause Escrow Holder to deliver to Buyer a preliminary title report with respect to the Real Property (the “ Preliminary Report”) together with copies of all recorded documents shown as exceptions thereto. Buyer shall notify Seller (“Buyer’s Title Objection Notice ”) within ten (10) business days after the Effective Date of any objections to the preliminary title report. If Buyer, in its sole and absolute discretion, disapproves of any of the exceptions shown on the Preliminary Report, Buyer must deliver Buyer’s Title Objection Notice to Seller, which shall outline the Disapproved Exceptions, those items that appear on the Preliminary Report to which the Buyer objects. The term “ Permitted Exceptions” shall mean (i) the title exceptions that are not disapproved of by Buyer in Buyer’s Title Objection Notice or (ii) the title exceptions for which Escrow Holder is irrevocably committed to insure against by the issuance of endorsements to the Title Policy, which endorsements must be acceptable to Buyer in its sole discretion. Notwithstanding anything else contained in this Agr eement, the following shall be Permitted Exceptions: real estate taxes, assessments, vault charges and water and sewer charges not currently due and payable, subject to adjustment as provided in Section 7 of this Agreement.

4.3. Seller s
hall have five (5) business days following receipt of Buyer’s Title Objection Notice to provide Buyer with written notice (“Seller’s Title Notice”) that either: (i) Seller is unwilling or unable to deliver title to the Real Property subject only to the Permitted Exceptions; or (ii) Seller is willing to use co mmercially reasonable efforts to deliver title to the Real Property subject only to the Permitted Exceptions within a specified period of time not to exceed thirty (30) business days from the date of such Seller’s Title Notice (“Extension Date”). Failure by Seller to deliver Seller’s Title Notice to Buyer within the five (5) business day period specified above shall constitute Seller’s agreement to use commercially reasonable efforts to deliver title at Close of Escrow subject only to the Permitted Exceptions. If in Seller’s Title Notice, Seller has deemed that it is unwilling or unable to deliver title to the Real Property subject only to the Permitted Exceptions, Buyer shall have the option, by notice to Seller within five (5) business days after receipt of Seller’s Title Notice, but in no event after the expiration of the Review Period (as defined in Section 5.1 below), to either (i) accept such DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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title to the Real Property as Seller can provide, or (ii) to terminate this Agreement and have the Deposit returned if permitted by Section 2.1 hereof. If for any reason whatsoever, Seller remains unable or unwilling to deliver title subject only to the Permitted Exceptions by the Extension Date, and if Buyer shall still be unwilling to accept such title to the Real Property as Seller can provide, then either party may terminate this Agreement without further liability. If, after the date hereof, any additional items come into existence which would show as exceptions to title insurance in the Title Policy, and Seller fails to remove same prior to the Close of Escrow, Buyer shall have the choice of: (i) terminating this Agreement and the Escrow and thereafter neither Seller nor Buyer shall have any further obligations under this Agreement; or (ii) completing the purchase of the Property in accordance with the te rms of this Agreement.

5. Due Diligence Investigation.

5.1. Review Period. Buyer may conduct investigations and reviews of the Property including, but not limited to, the physical condition or state of the Property, environmental matters (including, without limitation, Phase I and Phase II environmental reports of the Property), title matters, zoning matters, governmental, regulatory or land use matters, and any other matters affecting Buyer or Buyer’s anticipated use and ownership of the Property during the term of this Agreement. The Review Period shall continue for a period of 15 business days after the Effective Date. After 15 business days after the Effective Date, the Review Period shall be terminated.

5.2. Disapproval of Investigation. If Buyer, in its sole and absolute discretion, disapproves any of the results of its investigation and review, Buyer may, subject to Section 2.1 hereof, terminate this Agreement without any liability whatsoever by providing written notice thereof to Seller on or before the termination date of the Review Period. If this Agreement is so terminated, the Deposit shall be returned if permitted by Section 2.1 hereof and neither party shall have any further liability hereunder. If Buyer fails to deliver such notice to Seller on or before the termination of the Review Period, Buyer shall be deemed to have elected to consummate this transaction.

5.3. Access to Property. Se ller agrees to grant Buyer and Buyer's employees, agents, consultants, and other authorized representatives the right to reasonable access to the Property at reasonable times during the Term of this Agreement subject to twenty -four hours’ notice to the Seller of Buyer’s intent to access the Property.

6. Possession. Pos session of the Property shall be delivered to Buyer on Close of Escrow in its “as - is” condition, free of all tenancies and subject to the representations and warranties and covenants of Seller contained herein.

7. Prorations. A ll utility costs, real property taxes and assessments, water charges and assessments, bond payments and other expenses affecting the Property shall be prorated as of Close of Escrow.

If, at the time of the Close of Escrow, the tax rate or the assessed valuation of the Property has not been fixed, the apportionment of taxes will be upon the basis of the most recently established tax rate applied to the latest assessed valuation (subject to adjustment as hereinafter provided). If any expenses (other than taxes) for the Property cannot be determined finally as of Close of Escrow, such expense will be prorated on the best available information. Adjustments to the prorations will be made from time to time after Close of Escrow to take account of final information as to expenses estimated as of the Close of Escrow or to adjust expenses that were not included in the prorations DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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done at the Close of Escrow, and Buyer or Seller, as applicable, will pay the other on demand such amounts as may be appropriate based on such adjustments, together with interest at twelve percent (12%) per annum from the date of demand if such amount remains unpaid more than ten (10) business days after demand. Any reproration of expenses must be completed within one hundred eighty (180) calendar days after Close of Escrow or, in the case of taxes, within ninety (90) calendar days after the tax (or adjustment of tax) is billed, and neither Buyer nor Seller will be entitled to request a payment on account of reprorations after such date. Notwithstanding the foregoing, Seller shall remain fully liable for the payment of any taxes assessed against the Property and attributable to any period prior to Close of Escrow, irrespective of when such taxes are billed by the relevant taxing authorities. In addition, Buyer specifically acknowledges that Seller shall be entitled to any refund of real and personal property taxes, installments of bonds and special taxes and assessments attributable to the Property and allocable to the period prior to Close of Escrow (“Refunds”). Any such Refunds shall be paid to Seller regardless of when they are received.

8. Real Estate Brokers . Each party hereby agrees to indemnify, protect and defend the other (by counsel acceptable to the party seeking indemnification) against and hold the other harmless from and against any and all damages, liabilities, loss, cost and expense, including, but not limited to, reasonable attorneys’ fees and court costs, resulting from any claims for any such real estate commission, finder’s fee or other real estate brokerage -type commission by any person or entity based upon such acts. The foregoing indemnities shall survive Close of Escrow or any earlier termination of this Agreement.

9. Representations, Warr
anties, and Covenants of Seller. Seller represents, warrants and covenants to Buyer that:

9.1. Seller’s War ranty of Authority. Seller has the full power and authority to execute and enter into this Agreement and the authority to consummate the transactions contemplated in this Agreement.

9.2. Non-Foreign Person. Seller is not a “foreign person” within the meaning of Internal Revenue Code section 1445.

9.3. Enforceability. Thi s Agreement constitutes the valid and binding agreement of Seller, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency and creditors’ rights laws generally.

9.4. Due Diligence Deliverables . Tr
ue, correct and complete copies of all Due Diligence
Deliverables prepared by third parties will be delivered to Buyer within five (5) business days following receipt by Seller; provided, however, that Seller makes no warranty express or implied as to the correctness of the contents of such Due Diligence Deliverables. True and correct copies of all other Due Diligence Deliverables prepared by Seller will be delivered to Buyer not later than three (3) business days following the execution and delivery of this Agreement by Seller and Buyer.

9.5. Notices. Exc
ept as disclosed to Buyer in the Due Diligence Deliverables, Seller has not received any notices from or sent any notices to any federal, state, or local governmental authority having jurisdiction over the Property or any other third party regarding, without limitation, environmental conditions, the presence or absence of hazardous materials, zoning, land use, suitability for a particular purpose, or compliance with law. To Seller’s knowledge, DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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the Property is in compliance with all laws, rules and regulations, including, without limitation, any state or federal environmental laws, e.g., CERCLA, RCRA, FWPCA, TSCA, HMTA.

9.6. Leases; A greements. Seller represents it is not a party to any lease, license or other agreement granting possessory rights with respect to the Property, and that there are no tenants on the Property. As of the Close of Escrow, Seller shall not be a party to any lease agreement, license, or other agreement granting possessory rights with respect to the Property and there shall be no tenants on the Property. To the extent Seller is a party to any lease agreement, license, or other agreement granting possessory rights with respect to the Property, Seller shall provide Buyer with Estoppel Certificates and copies of all leases, licenses or other such agreements no later than five (5) business days after the Effective Date. From and after the Effective Date, Seller shall not create any leases or other agreements affecting the Property without Buyer’s prior written consent.

9.7. Contracts. W
ithin five (5) business days after the Effective Date, Seller shall deliver to Buyer true and correct copies of any contracts and agreements affecting the Property. As of the Close of Escrow, no contracts or agreements that are binding on the owner of the Property shall remain in effect. From and after the Effective Date, Seller shall not enter into any new contracts or agreements relating to the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed and shall be deemed given if the term of such contract or agreement shall expire prior to the Close of Escrow.

9.8. Actions, Suits or Proceedings . The
re are no actions, suits, or proceedings, pending, or, to Seller’s knowledge, threatened, before any commission, board, bureau, agency, arbitrator, court, or tribunal affecting, or that would affect, the Property or the right to occupy or utilize the Property.

9.9. No Bankruptcy Proceedings. Seller is not the subject of any bankruptcy, insolvency, or probate proceeding.

9.10. Taxes and Assessments. Seller represents it has paid all taxes, charges, and assessments (special or otherwise) billed, due and payable for all years up through and including the 2023- 2024 tax year required to be paid to any taxing authority or other association, which, if unpaid, could in any way constitute a lien against the Property or any part thereof. Seller has not received any notice from any taxing authority, governmental agency or other association:
(i) asserting t hat Seller has failed to file or has improperly filed any tax return or report required to be filed or of any charges now owing by it which could in any way now or hereafter constitute a lien or claim against the Property or any part thereof; or (ii) regarding any pending or contemplated taxes, assessments, charges or fees which affect or will affect the Property other than customary property taxes/assessments, as reflected in the Title Report. No action or proceeding is now pending by a governmental agency or authority or other association for the assessment or collection of any such taxes, charges or assessments against Seller.

10. Representations and Warranties of Buyer . Buyer hereby represents to Seller that at the date of execution hereof and at and as of Close of Escrow, Buyer is a municipal corporation and has the legal capacity to understand and execute this Agreement and all related documents.

11. Survival. All of the representations and warranties of Buyer and Seller made in conjunction with DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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and pursuant to this Agreement shall survive Close of Escrow, but only for a period of ninety (90) calendar days. No claim shall be allowed on any such representation or warranty unless notice of the claim and a detailed statement of the basis for the claim is delivered by the claimant to the other party within such period.

12. Conditions of C losing.

12.1. Buyer’s Conditions. Buyer’s obligations to purchase the Property on Close of Escrow are expressly conditioned upon each of the following:

12.1.1. Title Insurance. Sel ler shall be prepared to convey to Buyer good and marketable title to the Real Property subject only to the Permitted Exceptions, and the Escrow Holder shall be irrevocably committed to issuing the Title Policy.

12.1.2. Buyer’s Inspection. Th ere shall have been no material adverse change in the condition of the Property between the end of the Review Period and the Close of Escrow.

12.1.3. Closing Warranties . T he representations and warranties of Seller contained in this Agreement being true, correct and complete on and as of Close of Escrow as if the same were made on such date.

12.1.4. Delivery Into Escrow . Se ller having delivered to Escrow all items required by this Agreement and having complied with all other covenants and conditions of this Agreement to be performed or complied with by Seller.

12.2. Sel ler’s Conditions. Seller’s obligation to sell the Property on Close of Escrow is expressly conditioned upon each of the following:

12.2.1. Closing Warranties . The representations and warranties of Buyer contained in this Agreement being true, correct and complete on and as of Close of Escrow as if the same were made on such date.

12.2.2. Delivery Into Escrow. Buyer having delivered to Escrow all items required by this Agreement, including without limitation the Purchase Price, and having complied with all other covenants and conditions of this Agreement to be performed or complied with by Buyer.

13. Failure of Conditions. If any of the conditions specified in this Agreement fail to occur prior to Close of Escrow, the party benefited by such condition shall have the power, exercisable by giving written notice to the Escrow Holder and to the other party, either to waive the condition or to cancel the Escrow and terminate this Agreement. In the event this Agreement is terminated due to the failure of a condition specified herein, the Deposit shall be disbursed in accordance with Section

2.1. 14. Indemnification.

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members, managers, trustees, employees, agents, attorneys, representatives, affiliates, predecessors in interest, successors and assigns (collectively, the “Buyer Indemnified Parties”), from and against any and all claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature whatsoever (including reasonable attorneys’ fees, expert fees, and costs) arising from any misrepresentation or breach of warranty or covenant by Seller in this Agreement, or for any activity or event involving Seller’s activities on the Property occurring prior to Close of Escrow. This indemnity does not apply, however, to any item, matter, occurrence or condition which was disclosed in writing to or known to Buyer (including its agents, consultants and representatives) or any other of the Buyer Indemnified Parties with authorization to act on behalf of Buyer prior to the expiration of the Review Period.

14.2. Buyer
’s Indemnification. From and after Close of Escrow, Buyer shall indemnify, defend, protect and hold harmless Seller, Seller’s past, present and future parents, subsidiaries and affiliates, and their respective directors, officers, shareholders, partners, members, managers, trustees, employees, agents, attorneys, representatives, affiliates, predecessors in interest, successors and assigns (collectively, the “ Seller Indemnified Parties”), from and against any and all claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature whatsoever (including reasonable attorneys’ fees and costs) (“Losses”) arising out of Buyer’s ownership and/or operation of the Property following Close of Escrow, or from any misrepresentation or breach of warranty or covenant by Buyer in this Agreement; provided, however, Buyer shall not indemnify any of the Seller Indemnified Parties for any Losses resulting from: (i) any of the Seller Indemnified Parties’ negligence, negligence per se, or intentional misconduct; or (ii) any Environmental Clean Up Claims.

15. Notices. All notices and demands of any kind that either party may be required or desire to serve upon the other party shall be in writing and shall be served upon such other party by personal service (including overnight delivery by a recognized carrier such as UPS or FedEx), by facsimile transmission followed by mail delivery of the original of such notice, or by mailing a copy thereof, certified or registered mail, postage prepaid, addressed as follows:

If to Buyer: C ity of Livermore
1052 S. Livermore Ave.

Livermore, CA 94550 Attn:

Stephen Riley (Acting)
Planning Manager Telephone:
(925) 960-4461
Facsimile: (925) 960-4149
If to Seller: H
artford Hills Estates, Ltd.

Attn:Richard H. Kulka
2821 Darnby Drive
Oa
kland, CA 94611

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business day (and if not so received by such time, then it shall be deemed given on the next business day) and the sender receives written confirmation of transmission; provided that the sender shall also send the original by mail delivery or overnight courier. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice to the other party.

16. Binding E ffect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and permitted assigns.

17. Time is of the Essence. Time is of the essence in this Agreement.

18. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect. However, unless such stricken term, provision, covenant or condition goes to the essence of the consideration bargained for by a party, the remaining terms, provisions, covenants and conditions of this Agreement shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.

19. Entire Agreement. This Agreement constitutes the sole and only agreement between Buyer and Seller concerning the Property and their rights and duties in connection with the Property. Any prior or other agreements or representations between Buyer and Seller regarding such matters shall be null and void, unless otherwise expressly set forth in this Agreement.

20. Governing Law. Th is Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit brought here on shall be brought in the state or federal courts sitting in Alameda County, California, the parties hereby waiving any claim or defense that such forum is not convenient or proper.

21. Counterparts. Thi
s Agreement may be executed and delivered (including by facsimile transmission) in counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto. It shall not be necessary for each party to execute the same counterpart hereof.

22. Assignment. Se ller may assign this Agreement and all rights and obligations hereunder without Buyer’s consent to any parent, subsidiary or affiliate of Seller. Buyer shall have no right to assign its rights under this Agreement to any other person or entity.

23. Attorneys’ Fees. If any action is filed by any of the parties hereto to enforce and/or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs from the non-prevailing party.

24. BUYER’S REMEDIES . IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED

BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF SELLER (INCLUDING SELLER’S BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH IN SECTION 9 OF THIS AGREEMENT OR SELLER’S FAILURE TO DELIVER ANY OF THE DOCUMENTS DESCRIBED IN SECTIONS 3, 9, & 12 OF THIS AGREEMENT OR DUE TO THE FAILURE OF A CONDITION FOR BUYER’S BENEFIT SET FORTH IN SECTIONS 9, OR 12, AND BUYER IS READY, WILLING AND ABLE TO

CLOSE, BUYER, AS ITS SOLE AND EXCLUSIVE REMEDY, MAY EITHER (A) DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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TERMINATE THIS AGREEMENT IN ITS ENTIRETY BY DELIVERY OF NOTICE OF

TERMINATION TO SELLER, WHEREUPON THE DEPOSIT SHALL BE

IMMEDIATELY RETURNED TO BUYER, OR (B) CONTINUE THIS AGREEMENT PENDING BUYER’S ACTION FOR SPECIFIC PERFORMANCE HEREUNDER

PROVIDED APPROPRIATE PROCEEDINGS ARE PROMPTLY COMMENCED BY BUYER (BUT IN ANY EVENT WITHIN (30) BUSINESS DAYS AFTER DISCOVERY OF

SUCH DEFAULT) AND PROSECUTED WITH DILIGENCE AND CONTINUITY

WHEREUPON SELLER SHALL PAY TO BUYER ALL REASONABLE FEES, COSTS AND EXPENSES INCURRED BY BUYER IN CONNECTION WITH BUYER’S ACTION

FOR SPECIFIC PERFORMANCE IF SUCCESSFUL AND ANY OTHER AMOUNTS

WHICH MAY BE PAYABLE PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BUYER HEREBY WAIVES ANY AND ALL REMEDIES FOR SELLER’S FAILURE IN

PERFORMANCE, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO OBTAIN

DAMAGES FROM SELLER, INCLUDING, WITHOUT LIMITATION,

CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND BUYER ACKNOWLEDGES THAT SELLER SHALL IN NO EVENT BE LIABLE THEREFOR.

Seller’s Initials B
uyer’s Initials

25. Condemnation. If prior to Close of Escrow any Non- Material Part (as defined below) of the Real Property is taken by eminent domain or a notice or threat of any eminent domain proceedings with respect to any Non-Material Part of the Real Property is received by the Seller, this Agreement shall remain in force, and Buyer shall be entitled to all awards or damages by reason of any exercise of the power of eminent domain or condemnation with respect to or for the taking of the Real Property or any part thereof. If, prior to Close of Escrow, all or any part of the Real Property, other than a Non- Material Part, is taken by eminent domain or a notice or threat of any eminent domain proceedings with respect to the Real Property or any part thereof, then Seller shall within five (5) business days thereafter give notice thereof to Buyer and Buyer shall have the option to (i) complete the purchase hereunder, or
(ii) terminate this Agreement, in which event the Deposit shall be immediately refunded to Buyer, and thereafter neither party shall have any further liability hereunder. Buyer shall deliver written notice of its election to the Seller within fifteen (15) business days after the date upon which the Buyer receives written notice from Seller of such eminent domain proceedings or notice or threat thereof. If notice of condemnation is received by Buyer and Buyer fails to deliver said written notice of its election within said time period, such failure shall constitute a waiver by Buyer of its right to terminate this Agreement. If this Agreement is not so terminated, any negotiation for, or agreement to, and all contests of any offers and awards relating to eminent domain proceedings shall be conducted with the joint approval and consent of the Seller and the Buyer, and Buyer shall be entitled to all awards or damages by reason of any exercise of the power of eminent domain or condemnation with respect to or for the taking of the Real Property or any part thereof. For purposes hereof a taking of a Non- Material Part of the Real Property shall be deemed to have occurred if it results in a taking of less than ten percent (10%) of the gross acreage of the Real Property.

DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

BUYER:

CITY OF LIVERMORE
By:

Name: Marianna Marysheva
Title: City Manager

APPROVED
AS TO FORM:

Deputy/Assistant/City Attorney
SELLER:

Ha
rtford Hills Estates, Ltd., a
California limited partnership
By:

Name: Richard H. Kulka
Title: General Partner and Limited Partner
AGREED
AND ACCEPTED BY:

First American Title Company
By: Dated:________________
Name: Kellie Sanders
Title: Escrow Office r
Attachments:

Exhibit A - Legal Description
DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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Exhibit "A"
Legal Description
Real property in the City of Livermore, County of Alameda, State of California, described as follows:

PARCEL 1: [APN: 902-0009-003-01]
BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 33 AND 34, TOWNSHIP 2 SOUTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN; RUNNING THENCE NORTH 89°45' WEST 700.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY BOUNDARY LINE OF SAID SECTION 33, A DISTANCE OF 454.26 FEET; THENCE SOUTH 89°45' EAST 350.00 FEET; THENCE SOUTHERLY, PARALLEL TO THE EASTERLY BOUNDARY LINE OF SECTION 33, A DISTANCE OF 2202.90 FEET TO THE SOUTHERN BOUNDARY LINE OF SECTION 33; THENCE SOUTH 89°45' EAST 350.00 FEET, MORE OR LESS, ALONG SAID SOUTHERN BOUNDARY LINE OF SECTION 33 TO THE SOUTHEASTERN CORNER OF SAID SECTION 33 AND THENCE NORTH 2657.16 FEET TO THE POINT OF COMMENCEMENT.

PARCEL 2: [APN: 902-0009-003-02]
BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 33 AND 34, IN TOWNSHIP 2 SOUTH RANGE 2 EAST, M.D.B. & M., RUNNING THENCE NORTH 89° 45' WEST 20.30 TO THE

NORTHEASTERN CORNER OF THE LAND CONVEYED BY ABSOLAR JOSE AND WIFE TO HENRY PRALL, BY DEED RECORDED OCTOBER 19, 1896, IN BOOK 609 OF DEEDS, PAGE 324, IN THE OFFICE OF THE

COUNTY RECORDER OF SAID ALAMEDA COUNTY, RUNNING THENCE SOUTH ALONG THE EASTERN BOUNDARY LINE OF SAID LAND 40.26 CHAINS TO THE SOUTHERN BOUNDARY LINE OF SAID SECTION 33; THENCE SOUTH 89° 45' EAST 20.30 CHAINS, MORE OR LESS, TO THE SOUTHEASTERN CORNER OF SAID SECTION 33; AND THENCE NORTH ALONG THE EASTERN BOUNDARY LINE OF SAID SECTION 33,

40.26 CHAINS TO THE POINT OF COMMENCEMENT.

BEING A PORTION OF SECTION 33 TOWNSHIP 2 SOUTH RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN.

EXCEPT THAT CERTAIN PORTION OF PARCEL ONE WHICH WAS DESCRIBED IN A DEED OF PARTIAL RECONVEYANCE DATED APRIL 2, 1975, WHICH LAND SO RECONVEYED IS DESCRIBED AS FOLLOWS:

BEGINNING AT THE QUARTER SECTION CORNER COMMON TO SECTIONS 33 AND 34, IN TOWNSHIP 2 SOUTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN, RUNNING THENCE NORTH 89° 45' WEST 700.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY BOUNDARY LINE OF SAID SECTION 33, A DISTANCE OF 454.26 FEET; THENCE SOUTH 89° 45' EAST 350 FEET; THENCE SOUTHERLY, PARALLEL TO THE EASTERLY BOUNDARY LINE OF SECTION 33, A DISTANCE OF 2202.90 FEET TO THE SOUTHERN BOUNDARY LINE OF SECTION 33; THENCE SOUTH 89° 45' EAST 350 FEET, MORE OR LESS, ALONG SAID SOUTHERN BOUNDARY LINE OF SECTION 33, TO THE SOUTHEASTERN CORNER OF SAID SECTION 33; AND THENCE NORTH ALONG THE EASTERN BOUNDARY LINE OF SECTION 33, A DISTANCE OF 2657.15 FEET, TO THE POINT OF COMMENCEMENT, CONTAINING TWENTY-FIVE (25) ACRES OF LAND, MORE OR LESS.

PARCEL 3:

A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS BY PEDESTRIANS,

ANIMALS AND VEHICLES OF ALL KINDS AND FOR INSTALLATION OF PUBLIC UTILITY SERVICES File Number: 0110-7126431
DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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INCLUDING, BUT NOT LIMITED TO UNDERGROUND PIPES, CABLES, WIRES AND CONDUITS FOR

WATER, GAS, ELECTRICITY, POWER, SEWERS, CABLE TELEVISION, TELEPHONE AND STORM DRAINAGE FACILITIES, IN, UNDER, OVER AND ACROSS A STRIP OF LAND OF THE UNIFORM WIDTH OF SIXTY (60) FEET LYING WITHIN THE TWENTY-FIVE (25) ACRE PARCEL OF LAND HERETOFORE RECONVEYED FROM THE LIEN OF THE DEED OF TRUST DESCRIBED HEREIN, WHICH 60 FOOT (60') STRIP OF LAND IS DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE EASTERN BOUNDARY LINE OF SECTION 33 IN TOWNSHIP 2 SOUTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN, DISTANT THEREON 454.26 FEET SOUTHERLY FROM THE QUARTER SECTION CORNER COMMON TO SECTIONS 33 AND 34, RUNNING THENCE NORTH 89° 45' WEST, 350 FEET, MORE OR LESS, TO THE WESTERLY BOUNDARY LINE OF THE LAND RECONVEYED BY THE PARTIAL RECONVEYANCE; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERN BOUNDARY OF SECTION 33, A DISTANCE OF 60 FEET; THENCE SOUTH 89° 45' EAST 350 FEET, MORE OR LESS, TO THE EASTERN BOUNDARY OF SECTION 33; THENCE-NORTHERLY ALONG THE EASTERN BOUNDARY OF SECTION 33, A DISTANCE OF 60 FEET TO THE POINT OF COMMENCEMENT.

BEING A PORTION OF SECTION 33, TOWNSHIP 2 SOUTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MÉRIDIAN.

APN: 902-0009-003-01
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RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE

AND SALE AGREEMENT FOR THE ACQUISITON OF THE GREENVILLE ROAD PROPERTY (125.5 ACRES – APN 99B-5685-12)
In July and November of 2023, the City Council authorized staff to enter negotiations with the property owner to acquire in fee title for open space and conservation purposes. The property is located outside of the city limits and outside of the North Livermore Urban Growth Boundary.

On March 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore’s (“City”) grant applications for the acquisition of the Greenville Road Property. On April 16, 2024, in accordance with Government Section 65402(a), the Livermore Planning Commission adopted a resolution and determined the City’s acquisition of the Greenville Road Property is in conformance with Livermore’s 2003 General Plan and implements the General Plan goals, objectives, policies, and strategies outlined below.

Goal CC-1 - Preserve and enhance Livermore’s natural setting.

Objective CC-1.1 - Use open space to protect and enhance local community character and identity, to preserve rural characteristics, and to provide an edge to urban growth.

The City’s acquisition will also implement the following General Plan goals, objectives, and policies regarding Open Space and Conservation:

Goal OSC-1 - Conserve the value and function of Livermore’s open space as a biological resource.
176
RESOLUTION NO. ________
Objective OSC-1.1 - Maintain biodiversity within the Planning Area with special emphasis on species that are sensitive, rare, declining, unique, or represent valuable biological resources.

Objective OSC-5.1 - Provide a comprehensive system of parks and recreation facilities in Livermore.

The proposed land acquisition will implement the following General Plan Land Use goals and objectives related to the North Livermore Urban Growth Boundary:

Objective LU-5.1 - Maintain an Urban Growth Boundary to protect open space and agricultural uses in North Livermore.

The proposed land acquisitions will implement the following General Plan Strategy related to the Climate Action Plan:

S-1.4 - Preserve open spaces. Continue the City’s open space preservation efforts to preserve open space as conservation or working land to maintain carbon sequestration and other benefits.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it has considered the Record Evidence and adopted a resolution finding the acquisition of the Greenville Road Property (125.5 acres – APN: 99B-5685-12) to be exempt from the California Environmental Quality Act in accordance with CEQA Guidelines Section 15313, which exempts acquisitions of lands for the purpose of conservation.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk.
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RESOLUTION NO. ________
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager to execute a Purchase and Sale Agreement and all other documents necessary for the acquisition of the Greenville Road Property (Exhibit B).

The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on July 8, 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 – Planning Commission Resolution
Exhibit B – Greenville Road Property Purchase and Sale Agreement 178

EXHIBIT A
179

EXHIBIT A
180

EXHIBIT A
181

PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS

This Pur chase and Sale Agreement and Escrow Instructions (“Agreement”) dated as of _____________, 2 0 2 4 (the “ Effective Date”), is made by and between the City of Livermore, a municipal corporation (“Buyer”) and Mike Fuller Motorsports, Inc., (“Seller”).

RECITALS
A. Seller is the owner of the Property (as defined in Section 1 below) pursuant to that certain Grant Deed dated 7/30/2019 and recorded on 7/30/2019, in the Official Records of Alameda County, California as Instrument No. 2019145519.

B. Buyer wishes to purchase the Property from Seller, and Seller wishes to sell the Property to Buyer, each upon the terms and conditions in this Agreement.

1. Purchase of the Property. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller the following (collectively, the “Property”):

1.1. Real Property . That certain real property located in Alameda County, California, consisting of approximately a total of (125.5) acres of land, relating to APN: 99B -5685- 12, as more particularly described in Exhibit A attached hereto, together with all privileges, rights, easements, and appurtenances belonging to such real property (collectively, the “Real Property”).

1.2. Improvements. Any and all improvements, buildings, facilities, fixtures, structures, fences, and parking areas located on the Real Property (collectively, the “Improvements”).

1.3. All Other Tangible and Intangible Rights and Assets. All other rights and assets, tangible or intangible and wherever located, which relate to the Real Property.

2. Purchase Price. The purchase price for the Property (“Purchase Price”) shall be $2,100,000 Two Million One Hundred Thousand Dollars (purchase price), and shall be payable as follows:

2.1. Deposit. Within five (5) business days of Effective Date , Buyer shall deposit into Escrow 50% of the sum of One Million Fifty Thousand Dollars ($1,050,000) in cash (“ Deposit”).

In the event that Buyer
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exercises the option, in its sole discretion, to terminate this Agreement, the Escrow Holder shall be, and is hereby irrevocably instructed by Seller and Buyer, to immediately pay to Buyer the full amount of the Deposit and any interest earned thereon without further instructions.

3. Escrow; Closing Conditions.

3.1. Escrow. Upon full execution and delivery of this Agreement, Buyer shall promptly open an escrow account (“E scrow”) with First American Title Company, located at 4900 Hopyard Road, Suite 110, Pleasanton, CA 94588 (“Escrow Holder” ). This Agreement shall,
to the extent possible, serve as escrow instructions. The parties agree to execute such additional escrow instructions as may be required by Escrow Holder, which instructions shall be consistent with this Agreement. The “Close
of Escrow” shall occur as soon as practicable after the satisfaction of all condition’s precedent specified in this Agreement, but in any event, on or before thirty (30) business days following the Effective Date.

3.2. Fees. Buyer shall pay all of Escrow Holder’s fees, including escrow charges and fees.

Buyer shall pay the costs of a CLTA Standard Owner’s Policy of Title Insurance with respect to the Real Property insuring Buyer in the full amount of the Purchase Price, all documentary transfer taxes, and recording fees. Buyer shall pay for the costs of any endorsements to the Title Policy (as hereinafter defined) and the incremental cost of an ALTA Extended Owner’s Policy of Title Insurance if Buyer desires to obtain suc h a policy. As used herein, “Title Policy” shall mean a CLTA Standard Owner’s Policy of Title Insurance and, if applicable, an ALTA Extended Owner’s Policy of Title Insurance, subject only to the Permitted Exceptions (as hereinafter defined) and containing such endorsements as Buyer may require in its sole discretion.

3.3. Deposit of Documents into Escrow.

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3.3.2. Buyer shall execute and/or deliver the following to the Escrow Holder for delivery or disbursement to Seller on Close of Escrow:
a. The Purchase Price;
b. Escrow Holder’s costs and expenses, as herein provided; and c. Any other documents, instruments or agreements reasonably required to be delivered hereunder to Escrow Holder or to Seller in order to consummate the transactions contemplated by this Agreement.

3.4. Close of Escrow. Escrow Holder shall do all of the following upon Close of Escrow:

3.4.1. Record the Grant Deed, with a Certificate of Acceptance, in the Official Records of Alameda County, California;

3.4.2. Cause the Title Policy to be issued to Buyer within a reasonable time after Close of Escrow; and

3.4.3. Disburse the Purchase Price to Seller less the amount of any other closing expense payable by Seller pursuant to the terms of this Agreement.

4. Title Matters; Insurance.

4.1. Title. Title to the Property shall be conveyed to Buyer free and clear of all liens, claims and encumbrances except as permitted in this Section (the “Permitted Exceptions”).

4.2. Approval of Exceptions. Within five (5) business days after Escrow is opened, or as soon thereafter as reasonably possible, Seller shall cause Escrow Holder to deliver to Buyer a preliminary title report with respect to the Real Property (the “ Preliminary Report ”) together with copies of all recorded documents shown as exceptions thereto. Buyer shall notify Seller (“Buyer’s Title Objection Notice ”) within ten (10) business days after the Effective Date of any objections to the preliminary title report. If Buyer, in its sole and absolute discretion, disapproves of any of the exceptions shown on the Preliminary Report, Buyer must deliver Buyer’s Title Objection Notice to Seller, which shall outline the Disapproved Exceptions, those items that appear on the Preliminary Report to which the Buyer objects. The term “Permitted Exceptions” shall mean (i) the title exceptions that are not disapproved of by Buyer in Buyer’s Title Objection Notice or (ii) the title exceptions for which Escrow Holder is irrevocably committed to insure against by the issuance of endorsements to the Title Policy, which endorsements must be acceptable to Buyer in its sole discretion. Notwithstanding anything else contained in this Agreement, the following shall be Permitted Exceptions: real estate taxes, assessments, vault charges and water and sewer charges not currently due and payable, subject to adjustment as provided in Section 7 of this Agreement.

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Permitted Exceptions; or (ii) Seller is willing to use commercially reasonable efforts to deliver title to the Real Property subject only to the Permitted Exceptions within a specified period of time not to exceed thirty (30) business days from the date of such Seller’s Title Notice (“Extension Date”). Failure by Seller to deliver Seller’s Title Notice to Buyer within the five (5) business day period specified above shall constitute Seller’s agreement to use commercially reasonable efforts to deliver title at Close of Escrow subject only to the Permitted Exceptions. If in Seller’s Title Notice, Seller has deemed that it is unwilling or unable to deliver title to the Real Property subject only to the Permitted Exceptions, Buyer shall have the option, by notice to Seller within five (5) business days after receipt of Seller’s Title Notice, but in no event after the expiration of the Review Period (as defined in Section 5.1 below), to either (i) accept such title to the Real Property as Seller can provide, or (ii) to terminate this Agreement and have the Deposit returned if permitted by Section 2.1 hereof. If for any reason whatsoever, Seller remains unable or unwilling to deliver title subject only to the Permitted Exceptions by the Extension Date, and if Buyer shall still be unwilling to accept such title to the Real Property as Seller can provide, then either party may terminate this Agreement without further liability. If, after the date hereof, any additional items come into existence which would show as exceptions to title insurance in the Title Policy, and Seller fails to remove same prior to the Close of Escrow, Buyer shall have the choice of: (i) terminating this Agreement and the Escrow and thereafter neither Seller nor Buyer shall have any further obligations under this Agreement; or (ii) completing the purchase of the Property in accordance with the terms of this Agreement.

5. Due Diligence Investigation.

5.3. Access to Property . Seller agrees to grant Buyer and Buyer's employees, agents, consultants, and other authorized representatives the right to reasonable access to the Property at reasonable times during the Term of this Agreement subject to twenty-four hours’ notice to the Seller of Buyer’s intent to access the Property.

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6. Possession. Possession of the Property shall be delivered to Buyer on Close of Escrow in its “as-is” condition, free of all tenancies and subject to the representations and warranties and covenants of Seller contained herein.

7. Prorations. All utility costs, real property taxes and assessments, water charges and assessments, bond payments and other expenses affecting the Property shall be prorated as of Close of Escrow. If, at the time of the Close of Escrow, the tax rate or the assessed valuation of the Property has not been fixed, the apportionment of taxes will be upon the basis of the most recently established tax rate applied to the latest assessed valuation (subject to adjustment as hereinafter provided). If any expenses (other than taxes) for the Property cannot be determined finally as of Close of Escrow, such expense will be prorated on the best available information. Adjustments to the prorations will be made from time to time after Close of Escrow to take account of final information as to expenses estimated as of the Close of Escrow or to adjust expenses that were not included in the prorations done at the Close of Escrow, and Buyer or Seller, as applicable, will pay the other on demand such amounts as may be appropriate based on such adjustments, together with interest at twelve percent (12%) per annum from the date of demand if such amount remains unpaid more than ten (10) business days after demand. Any reproration of expenses must be completed within one hundred eighty (180) calendar days after Close of Escrow or, in the case of taxes, within ninety (90) calendar days after the tax (or adjustment of tax) is billed, and neither Buyer nor Seller will be entitled to request a payment on account of reprorations after such date. Notwithstanding the foregoing, Seller shall remain fully liable for the payment of any taxes assessed against the Property and attributable to any period prior to Close of Escrow, irrespective of when such taxes are billed by the relevant taxing authorities. In addition, Buyer specifically acknowledges that Seller shall be entitled to any refund of real and personal property taxes, installments of bonds and special taxes and assessments attributable to the Property and allocable to the period prior to Close of Escrow (“Refunds”). Any such Refunds shall be paid to Seller regardless of when they are received.

8. Real Estate Brokers. Each party hereby agrees to indemnify, protect and defend the other (by counsel acceptable to the party seeking indemnification) against and hold the other harmless from and against any and all damages, liabilities, loss, cost and expense, including, but not limited to, reasonable attorneys’ fees and court costs, resulting from any claims for any such real estate commission, finder’s fee or other real estate brokerage- type commission by a ny person or entity based upon such acts. The foregoing indemnities shall survive Close of Escrow or any earlier termination of this Agreement.

9. Representations, Warranties, and Covenants of Seller . Seller represents, warrants and covenants to Buyer that:

9.1. Seller’s Warranty of Authority. Seller has the full power and authority to execute and enter into this Agreement and the authority to consummate the transactions contemplated in this Agreement.

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9.2. Non-Foreign Person. Seller is not a “foreign person” within the meaning of Internal Revenue Code section 1445.

9.3. Enforceability. This Agreement constitutes the valid and binding agreement of Seller, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency and creditors’ rights laws generally.

9.4. Due Diligence Deliverables . True, correct and complete copies of all Due Diligence Deliverables prepared by third parties will be delivered to Buyer within five (5) business days following receipt by Seller; provided, however, that Seller makes no warranty express or implied as to th e correctness of the contents of such Due Diligence Deliverables. True and correct copies of all other Due Diligence Deliverables prepared by Seller will be delivered to Buyer not later than three (3) business days following the execution and delivery of this Agreement by Seller and Buyer.

9.5. Notices. Except as disclosed to Buyer in the Due Diligence Deliverables, Seller has not received any notices from or sent any notices to any federal, state, or local governmental authority having jurisdiction over the Property or any other third party regarding, without limitation, environmental conditions, the presence or absence of hazardous materials, zoning, land use, suitability for a particular purpose, or compliance with law. To Seller’s knowledge, the Property is in compliance with all laws, rules and regulations, including, without limitation, any state or federal environmental laws, e.g., CERCLA, RCRA, FWPCA, TSCA, HMTA.

9.6. Leases; Agreements. Seller represents it is not a party to any lease, license or other agreement granting possessory rights with respect to the Property, and that there are no tenants on the Property. As of the Close of Escrow, Seller shall not be a party to any lease agreement, license, or other agreement granting possessory rights with respect to the Property and there shall be no tenants on the Property. To the extent Seller is a party to any lease agreement, license, or other agreement granting possessory rights with respect to the Property, Seller shall provide Buyer with Estoppel Certificates and copies of all leases, licenses or other such agreements n o later than five (5) business days after the Effective Date. From and after the Effective Date, Seller shall not create any leases or other agreements affecting the Property without Buyer’s prior written consent.

9.7. Contracts. Within five (5) business days after the Effective Date, Seller shall deliver to Buyer true and correct copies of any contracts and agreements affecting the Property. As of the Close of Escrow, no contracts or agreements that are binding on the owner of the Property shall remain in effect. From and after the Effective Date, Seller shall not enter into any new contracts or agreements relating to the Property without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed and shall be deemed given if the term of such contract or agreement shall expire prior to the Close of Escrow.

9.8. Actions, Suits or Proceedings. There are no actions, suits, or proceedings, pending, or, to Seller’s knowledge, threatened, before any commission, board, bureau, DocuSign Envelope ID: C127CC93-68A1-402F-B78D-7AADA245C9BC

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agency, arbitrator, court, or tribunal affecting, or that would affect, the Property or the right to occupy or utilize the Property.

9.9. No Bankruptcy Proceedings. Seller is not the subject of any bankruptcy, insolvency, or probate proceeding.

9.10. Taxes and Assessments. Seller represents it has paid all taxes, charges, and assessments (special or otherwise) billed, due and payable for all years up through and including the 2023-2024 tax year required to be paid to any taxing authority or other association, which, if unpaid, could in any way constitute a lien against the Property or any part thereof. Seller has not received any notice from any taxing authority, governmental agency or other association:
(i) asserting that Seller has failed to file or has improperly filed any tax return or report re
quired to be filed or of any charges now owing by it which could in any way now or hereafter constitute a lien or claim against the Property or any part thereof; or (ii) regarding any pending or contemplated taxes, assessments, charges or fees which affect or will affect the Property other than customary property taxes/assessments, as reflected in the Title Report. No action or proceeding is now pending by a governmental agency or authority or other association for the assessment or collection of any such taxes, charges or assessments against Seller.

10. Representations and Warranties of Buyer. Buyer hereby represents to Seller that at the date of execution hereof and at and as of Close of Escrow, Buyer is a municipal corporation and has the legal capacity to understand and execute this Agreement and all related documents.

11. Survival. All of the representations and warranties of Buyer and Seller made in conjunction with and pursuant to this Agreement shall survive Close of Escrow, but only for a period of ninety (90) calendar days. No claim shall be allowed on any such representation or warranty unless notice of the claim and a detailed statement of the basis for the claim is delivered by the claimant to the other party within such period.

12. Conditions of Closing.

12.1. Buyer’s Conditions . Buyer’s obligations to purchase the Property on Close of Escrow are expressly conditioned upon each of the following:

12.1.1. Title Insurance. Seller shall be prepared to convey to Buyer good and marketable title to the Real Property subject only to the Permitted Exceptions, and the Escrow Holder shall be irrevocably committed to issuing the Title Policy.

12.1.2. Buyer’s Inspection. There shall have been no material adverse change in the condition of the Property between the end of the Review Period and the Close of Escrow.

12.1.3. Closing Warranties. The representations and warranties of Seller contained in this Agreement being true, correct and complete on and as of Close of Escrow as if the same were made on such date.

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12.1.4. Delivery Into Escrow. Seller having delivered to Escrow all items required by this Agreement and having complied with all other covenants and conditions of this Agreement to be performed or complied with by Seller.

12.2. Seller’s Conditions. Seller’s obligation to sell the Property on Close of Escrow is expressly conditioned upon each of the following:

12.2.1. Closing Warranties. The representations and warranties of Buyer contained in this Agreement being true, correct and complete on and as of Close of Escrow as if the same were made on such date.

14. Indemnification.

14.1. Seller’s Indemnification. From and after Close of Escrow, Seller shall indemnify, defend, protect, and hold harmless Buyer, Buyer’s past, present, and future parents, subsidiaries, and affiliates, and their respective directors, officers, shareholders, partners, members, managers, trustees, employees, agents, attorneys, representatives, affiliates, predecessors in interest, successors and assigns (collectively, the “ Buyer Indemnified Parties”), from and against any and all claims, demands, liabilities, costs, expenses, damages and losses, cause or causes of action and suit or suits of any nature whatsoever (including reasonable attorneys’ fees, expert fees, and costs) arising from any misrepresentation or breach of warranty or covenant by Seller in this Agreement, or for any activity or event involving Seller’s activities on the Property occurring prior to Close of Escrow. This indemnity does not apply, however, to any item, matter, occurrence or condition which was disclosed in writing to or known to Buyer (including its agents, consultants and representatives) or any other of the Buyer Ind emnified Parties with authorization to act on behalf of Buyer prior to the expiration of the Review Period.

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whatsoever (including reasonable attorneys’ fees and costs) (“ Losses”) arising out of Buyer’s ownership and/or operation of the Property following Close of Escrow, or from any misrepresentation or breach of warranty or covenant by Buyer in this Agreement; provided, however, Buyer shall not indemnify any of the Seller Indem nified Parties for any Losses resulting from: (i) any of the Seller Indemnified Parties’ negligence, negligence per se, or intentional misconduct; or (ii) any Environmental Clean Up Claims.

If to Buyer: C
ity of Livermore
1052 S. Livermore Ave.

Livermore, CA 94550
Attn: Stephen Riley
(Acting) Planning Manager
Telephone: (925) 960-4461
Facsimile: (925) 960-4149
If to Seller: M
ike Fuller Motorsports Inc.
4120 Foothill Road
Pleasanton, CA 94588

Ser
vice by mail shall be deemed complete on the date of actual delivery as shown on the addressee’s return receipt. Service by facsimile transmission shall be deemed served upon receipt of the facsimile transmission by the addressee, provided it is received prior to 5:00 PM local time by the recipient on a business day (and if not so received by such time, then it shall be deemed given on the next business day) and the sender receives written confirmation of transmission; provided that the sender shall also send the original by mail delivery or overnight courier. The addresses to which notices and demands shall be delivered or sent may be changed from time to time by notice to the other party.

16. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and permitted assigns.

17. Time is of the Essence. Time is of the essence in this Agreement.

18. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect. However, unless such stricken term, provision, covenant or condition goes to the essence of the consideration bargained for by a party, the remaining terms, provisions, covenants and conditions of this Agreement shall DocuSign Envelope ID: C127CC93-68A1-402F-B78D-7AADA245C9BC

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continue iMike in full force and effect, and to the extent required, shall be modified to preserve their validity.

19. Entire Agreement. This Agreement constitutes the sole and only agreement between Buyer and Seller concerning the Property and their rights and duties in connection with the Property.

Any prior or other agreements or representations between Buyer and Seller regarding such matters shall be null and void, unless otherwise expressly set forth in this Agreement.

20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit brought hereon shall be brought in the state or federal courts sitting in Alameda County, California, the parties hereby waiving any claim or defense that such forum is not convenient or proper.

21. Counterparts. This Agreement may be executed and delivered (including by facsimile transmission) in counterparts and all counterparts so executed shall constitute one agreement binding on all parties hereto. It shall not be necessary for each party to execute the same counterpart hereof.

22. Assignment. Seller may assign this Agreement and all rights and obligations hereunder without Buyer’s consent to any parent, subsidiary or affiliate of Seller. Buyer shall have no right to assign its rights under this Agreement to any other person or entity.

24. BUYER’S REMEDIES. IF THE SALE OF THE PROPERTY IS NOT CONSUMMATED

BECAUSE OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF SELLER (INCLUDING SELLER’S BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH IN SECTION 9 OF THIS AGREEMENT OR SELLER’S

FAILURE TO DELIVER ANY OF THE DOCUMENTS DESCRIBED IN SECTIONS 3, 9, & 12 OF THIS AGREEMENT OR DUE TO THE FAILURE OF A CONDITION FOR BUYER’S BENEFIT SET FORTH IN SECTIONS 9, OR 12, AND BUYER IS

READY, WILLING AND ABLE TO CLOSE, BUYER, AS ITS SOLE AND

EXCLUSIVE REMEDY, MAY EITHER (A) TERMINATE THIS AGREEMEN T IN

ITS ENTIRETY BY DELIVERY OF NOTICE OF TERMINATION TO SELLER,

WHEREUPON THE DEPOSIT SHALL BE IMMEDIATELY RETURNED TO
BUYER, OR (B) CONTINUE THIS AGREEMENT PENDING BUYER’S ACTION

FOR SPECIFIC PERFORMANCE HEREUNDER PROVIDED APPROPRIATE

PROCEEDINGS ARE PROMPTLY COMMENCED BY BUYER (BUT IN ANY EVENT WITHIN (30) BUSINESS DAYS AFTER DISCOVERY OF SUCH DEFAULT)

AND PROSECUTED WITH DILIGENCE AND CONTINUITY WHEREUPON

SELLER SHALL PAY TO BUYER ALL REASONABLE FEES, COSTS AND EXPENSES INCURRED BY BUYER IN CONNECTION WITH BUYER’S ACTION

FOR SPECIFIC PERFORMANCE IF SUCCESSFUL AND ANY OTHER AMOUNTS

WHICH MAY BE PAYABLE PURSUANT TO THE TERMS
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AND CONDITIONS OF THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED

IN THIS AGREEMENT, BUYER HEREBY WAIVES ANY AND ALL REMEDIES FOR SELLER’S FAILURE IN PERFORMANCE, INCLUDING, WITHOUT LIMITATION,

ANY RIGHT TO OBTAIN DAMAGES FROM SELLER, INCLUDING, WITHOUT

LIMITATION, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY

DAMAGES, AND BUYER ACKNOWLEDGES THAT SELLER SHALL IN NO EVENT BE LIABLE THEREFOR.

Seller’s Initials B
uyer’s Initials

25. Condemnation. If prior to Close of Escrow any Non- Material Part (as defined below) of the Real Property is taken by eminent domain or a notice or threat of any eminent domain proceedings with respect to any Non- Material Part of the Real Property is received by the Seller, this Agreement shall remain in force, and Buyer shall be entitled to all awards or damages by reason of any exercise of the power of eminent domain or condemnation with respect to or for the taking of the Real Property or any part thereof. If, prior to Close of Escrow, all or any part of the Real Property, other than a Non-Material Part, is taken by eminent domain or a notice or threat of any eminent domain proceedings with respect to the Real Property or any part thereof, then Seller shall within five (5) business days thereafter give notice thereof to Buyer and Buyer shall have the option to (i) complete the purchase hereunder, or (ii) terminate this Agreement, in which event the Deposit shall be immediately refunded to Buye
r, and thereafter neither party shall have any further liability hereunder. Buyer shall deliver written notice of its election to the Seller within fifteen (15) business days after the date upon which the Buyer receives written notice from Seller of such eminent domain proceedings or notice or threat thereof. If notice of condemnation is received by Buyer and Buyer fails to deliver said written notice of its election within said time period, such failure shall constitute a waiver by Buyer of its right to terminate this Agreement. If this Agreement is not so terminated, any negotiation for, or agreement to, and all contests of any offers and awards relating to eminent domain proceedings shall be conducted with the joint approval and consent of the Seller and the Buyer, and Buyer shall be entitled to all awards or damages by reason of any exercise of the power of eminent domain or condemnation with respect to or for the taking of the Real Property or any part thereof. For purposes hereof a taking of a Non-Material Part of the Real Property shall be deemed to have occurred if it results in a taking of less than ten percent (10%) of the gross acreage of the Real Property.

DocuSign Envelope ID: C127CC93-68A1-402F-B78D-7AADA245C9BC

EXHIBIT B
192
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

BUYER:

CITY OF LIVERMORE
By:

Name: Marianna Marysheva
Title: City Manager
APPROVED AS TO FORM:
______________________________________
Deputy/Assistant/City Attorney
SELLER:

Mike Fuller Motorsports Inc.

By:

Name:

Title:

AGREED AND ACCEPTED BY:

Firs
t American Title Company
By: Dated: ______________
Authorized Signatory
Kellie Sanders
Michael L. Fuller
President
DocuSign Envelope ID: C127CC93-68A1-402F-B78D-7AADA245C9BC

EXHIBIT B
193
DocuSign Envelope ID: C127CC93-68A1-402F-B78D-7AADA245C9BC

EXHIBIT B
194
DocuSign Envelope ID: C127CC93-68A1-402F-B78D-7AADA245C9BC

EXHIBIT B
195
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING FUNDS FROM THE DOUGHERTY VALLEY SETTLEMENT AGREEMENT (FUND 925) FOR THE AMOUNT OF $980,000 TO

ACQUIRE THE HARTFORD HILLS PROPERTY
(82 ACRES – APNS 902-9-3-1, 902-9-3-2)
As part of the Dougherty Valley Settlement Agreement, a fund was established to settle Water Litigation. The fund was created to support habitat preservation. The Agreement contains the following clause in section 6(d)(i) for the expenditure of funds from the settlement:
“City staff will meet and confer with [Citizens for Balanced Growth] prior to formulating its recommendations for acquisitions.”
City of Livermore (“City”) staff has made numerous attempts to meet-and-confer with Citizens for Balanced Growth concerning the recommendations being prepared by City staff to the City Council regarding the expenditure of settlement funds for acquisition of the Properties by the City of Livermore for conservation and preservation purposes.

Those requests were made in December 2023 and January, February, and March 2024, but Citizens for Balanced Growth has not met with City staff. A final request was made to meet-and-confer with City staff by April 24, 2024. Citizens for Balanced Growth did not meet with City staff. Based on the lack of communication and response from and consistent with the Agreement, staff has concluded that Citizens for Balanced Growth does not support the expenditure of Dougherty Valley settlement funds for the acquisition of the Hartford Hills Property.

In July and November of 2023, the City Council authorized staff to enter negotiations with the property owner to acquire in fee title for the Hartford Hills Property for open space and conservation purposes. The property owner representatives and the City have negotiated terms for the acquisition of the property. The City Council is responsible for appropriating funds from the Dougherty Valley Settlement Agreement (Fund 925).

The funding authorization is not a project under the California Environmental Quality Act (CEQA) and CEQA Guidelines section 15378, because an approval of the expenditure of funds would not approve a physical development project, would not physically change the environment, and would help preserve natural habitat. Therefore, no environmental review is required.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, as follows:
196
RESOLUTION NO. ________

1. The City Council authorizes the allocation of $980,000 from the Dougherty Valley Settlement Agreement (Fund 925) for the acquisition of the Hartford Hills Property (82 acres - APNs: 902-9-3-1 and 902-9-3-2).

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 8, 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
197
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPROPRIATING FUNDS FROM THE OPEN SPACE
ACQUISITION AND MANAGEMENT ACCOUNT (FUND 642) FOR THE AMOUNT OF $856,000 TO ACQUIRE THE GREENVILLE ROAD PROPERTY (125.5 ACRES – APN:99B-5685-12)
In July and November of 2023, the City Council authorized City of Livermore (“City”) staff to enter negotiations with the property owner to acquire in fee title for the Greenville Road Property (125.5 acres – APN: 99B-5685-12) for open space and conservation purposes. The property owner representatives and the City have negotiated terms for the acquisition of the property. The City Council is responsible for appropriating funds from the Open Space Acquisition and Management Account (Fund 642).

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

1. The City Council authorizes the allocation of $856,000 from the Open Space Acquisition and Management Account (Fund 642) for the acquisition of the Greenville Road Property (125.5 acres – APN: 99B-5685-12) for open space and conservation purposes.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 8, 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
198

CITY COUNCIL STAFF REPORT
ITEM NO. 5.6

DATE:

July
8, 2024
TO:

Honorable Mayor and City Council
FROM:

Jeramy Young, Police Chief
SUBJECT:

Resolution authorizing an agreement with the County of Alameda Probation Department, accepting funding for the term of July 1, 2024 - June 30, 2026, for Horizons Family Counseling to provide mental health-related services and programs in an amount not-to- exceed $1,502,000.

RECOMMENDED ACTION

SUMMARY
For the past ten years, the City of Livermore has received annual funding from the County of Alameda, Probation Department to partially fund Horizons Family Counseling services. On July 1, 2024, Horizons Family Counseling will be awarded as a recipient of a new services agreement with an annual funding of no more than $751,000 for a two-year term (July 1, 2024 - June 30, 2026). This funding would support both salaries and supplies for the term of the agreement.

DISCUSSION
Over the past forty years, Horizons Family Counseling has provided mental health related services for community members of the Tri-Valley. Horizons Family Counseling services include individual/family psychotherapy, crisis intervention, case management, diversion, educational trainings, and community outreach. Over the last few years, there has been an influx of mental health challenges that has led to a marked increase in the number of young people seeking professional mental support.

Funding from the County of Alameda allows Horizons to continue to provide high-quality, safe, effective, affordable, and confidential services for families within the Tri-Valley. In addition, the funding allows Livermore Valley Joint Unified School District students to receive free school-based counseling on-site. 199

Mental health is crucial for a person's overall well-being and quality of life. It impacts a person's thoughts, emotions, and behaviors and influences stress management, relationships, and decision-making. With continued funding from the County of Alameda, Horizons will be able to fulfill its mission and vision that every young person is resilient and feels supported and connected to family and community.

FISCAL AND ADMINISTRATIVE IMPACTS

The grant shall not exceed $751,000 annually for the two-year term, which funds a portion of Horizons Family Counseling personnel costs and supplies that would otherwise be funded by the General Fund.

This funding is included in the FY 2024-25 budget.

COMMUNITY PILLAR

1: A Safe Community That Thrives

GOAL

4: Partner with the community to enhance collaborative problem solving and to improve the quality of life in Livermore.

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Asceneth
Paez-Arroyo
Youth and Family Services Manager -
Clinical

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH

COUNTY OF ALAMEDA PROBATION DEPARTMENT ACCEPTING FUNDING IN AN AMOUNT NOT-TO-EXCEED $1,502,000 FOR HORIZONS TO PROVIDE

MENTAL HEALTH RELATED SERVICES FOR A TERM OF TWO YEARS
The City of Livermore has been awarded $1,502,000 for the period of July 1, 2024 to June 30, 2026. Historically, Horizons Family Counseling has been in multiple contracts with the County of Alameda for several years. As such, the relationship and collaborative efforts have allowed Horizons to achieve its goal of serving 342 youth and families over the past five years.

Funding from the County of Alameda allows Horizons to continue to provide high quality, safe, effective, affordable, and confidential services for families within the Tri-Valley. In addition, the funding provides Livermore Valley Joint Unified School District students access to receive free school-based counseling on site.

Mental health is crucial for a person’s overall well-being and quality of life. Mental health impacts a person’s thoughts, emotions, and behaviors while influencing stress management, relationships, and decision-making. With continued funding from the County of Alameda, Horizons Family Counseling will be able to fulfill its mission and vision that every young person is resilient and feels supported and connected to family and community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager to execute the County of Alameda’s Standard Services Agreement, attached hereto as Exhibit A, for the term of July 1, 2024 to June 30, 2026, in the amount of $1,502,000.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 8, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Agreement with Alameda County
201
110-23 Master Contract No. 902171
Procurement Contract No. 25592

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Livermore City CouncilJuly 8, 2024

Livermore City Council
July 8, 2024