Agenda packet — Livermore City Council, July 22, 2024 (part 3 of 11)

designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) , except for such Liability caused by the City, and that no defense shall be required where such Liability arises out of the actual or alleged acts or omissions in Consultant’s performance of professional services. Consultant’s obligations to hold harmless and indemnify shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for indemnity by the City.
(a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

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

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EXHIBIT A
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Professional Services Agreement
Rev. 09/19/23

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

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

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

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

20. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls.

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

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

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

TO CITY: Attention: Erik Peterson, Finance Manager
City of Livermore
1052 S Livermore Avenue
Livermore, California 94550
TO CONSULTANT: Attention: Ahmad Gharaibeh, CPA, Partner Eide Bailly LLP
1900 S Norfolk St., Ste. 225
San Mateo, CA 94403
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EXHIBIT A
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Professional Services Agreement
Rev. 09/19/23

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

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

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

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
********************************************************************************************* Signatures and Attachment List on the Next Page
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EXHIBIT A
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONSULTANT: Dated:

Ahmad Gharaibeh
Partner
CITY OF LIVERMORE: Dated:

Marianna Marysheva
City Manager
APPROVED AS TO FORM:

Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:

Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Professional Services Agreement Page 7
Rev. 09/19/23
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EXHIBIT A
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EXHIBIT A
1 May 3, 2024
To Management of the City of Livermore
Livermore, California
This letter outlines the fees for the various projects to be contracted between Eide Bailly LLP (Eide Bailly) and the City of Livermore (City).

Scope of Engagement
We will work with you to provide the following services:
• Audit the Annual Comprehensive financial Report of the City. • Audit of the financial statements of the Livermore-Pleasanton Fire Department Joint Powers Authority • Audit of the financial statements of Measure F fund and compliance requirements applicable to the Measure F Funds
• Audit of the financial statements of Measure B fund and compliance requirements applicable to the Measure B Funds
• Audit of the financial statements of Measure BB fund and compliance requirements applicable to the Measure BB Funds
• Audit of the City’s major federal programs
• Audit of the City’s Compliance with the Transportation Development Act • Agreed Upon Procedures related to the City’s GANN limit • Assistance in preparing the California State Controller’s Financial Transaction Report • Assistance in drafting the financial statements of the projects noted above.

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EXHIBIT A
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EXHIBIT A
2 Our fees for the projects listed above are as follows:

Project 2024 2025 2026
Audit of Annual Comrehensive Financial Report $ 91,953 $ 93,792 $ 95,668 Assist in compling the City's Financial Statements 35,000 35,000 35,000 Audit of Livermore-Pleasanton Fire Department JPA 10,612 10,824 11,041 Audit of Measure F 1,592 1,624 1,656
Audit of Measure B 1,592 1,624 1,656
Audit of Measure BB 1,592 1,624 1,656
Signle Audit * 6,367 6,494 6,624
Audit of Transportation Development Act 1,592 1,624 1,656 GANN Agreed Upon Procedures 796 812 828
Compilting the City's Financial Transaction Report 4,245 4,330 4,416 $ 155,341 $ 157,748 $ 160,201
* Per federal program
We appreciate the opportunity to be of service to you and look forward to working with you and your staff.

Respectfully,
__________________________
Ahmad Gharaibeh, CPA
Partner
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EXHIBIT A
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EXHIBIT B

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

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

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

3. Workers’ Compensation and Employer's Liability:

4. Professional Liability/Errors and Omissions:
$3,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.

Deductibles and Self-Insured Retention
Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A-: VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.

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

1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special Docusign Envelope ID: 160DCF32-9DA2-437F-B819-56F74E464CE4

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limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

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

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

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

7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences.

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EXHIBIT A
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CITY COUNCIL STAFF REPORT ITEM NO. 5.15
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution authorizing the execution of Project and Program Grant Agreements with Livermore Pride, Livermore Valley Opera (LVO) and Thomasin Dewhurst Fine Art consistent with the City's Public Art Policy.

RECOMMENDED ACTION
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

1. Livermore Pride, in the amount of $10,000 for Art Programming at the 5th Annual Livermore Pride Fest.

2. Livermore Valley Opera (LVO), in the amount of $10,000 for LVO's Education and Community Engagement Program.

3. Thomasin Dewhurst Fine Art, in the amount of $10,000 for a visual arts collaboration between Arts and Science in the form of a mural project and event.

SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval.

In March 2024, a total of five (5) applications were received for Project and Program funds. The Commission for the Arts and staff recommend the City Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following three (3) applicants:

Livermore Pride, Livermore Valley Opera (LVO), and Thomasin Dewhurst Fine Art.

DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding art and cultural programming. In 2008, the City Council created the Project and Program Grant Program to provide funding from the Public Art Fund for local organizations and artists providing cultural enrichment 540
experiences in Livermore.

The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval. Opportunities for funding were posted on the City website and social media.

On March 1, 2024, staff received a total of five (5) applications, which were reviewed by a subcommittee of the Commission for the Arts. The subcommittee reviewed the applications and presented its funding recommendations to the full Commission at its regular meeting on March 26, 2024. The following three applications were recommended for funding: Livermore Pride, Livermore Valley Opera, and Thomasin Dewhurst Fine Art.

Agency Project Funds Requested Grant
Recommendation
Livermore Pride
A Variety of Art
Programming at the
5th Annual Livermore
Pride Fest
$10,000 $10,000
Livermore Valley
Opera (LVO)
Education and
Community
Engagement Program
$10,000 $10,000
Thomasin Dewhurst
Fine Art
Visual Arts
Collaboration Between
Arts and Science
Mural Project and
Event
$10,000 $10,000
Livermore Pride's Art Programming at the 5th Annual Pride Fest includes live music, spoken word, DJ music, dance, drag, physical arts, and new media. LVO's Education and Community Engagement program includes an opera reduction performance for elementary schools, master classes at middle schools, high schools, and the community college, as well as opera recitals scheduled at a senior community center and library. Thomasin Dewhurst Fine Arts' project engages adult and youth artists to create a mural and event celebrating Livermore's innovations in clean air transportation.

FISCAL AND ADMINISTRATIVE IMPACTS
The Project and Program Grants are funded with Public Art Fee funds (F608). Funds have been included in the FY 2024-25 budget. No further appropriation is needed at this time.

COMMUNITY PILLAR
4: Inclusive and Inviting Spaces & Places
GOAL
1: Further enhance Livermore's unique sense of place

ATTACHMENTS

1. Resolution
541

2. Exhibit A - Livermore Pride Agreement

3. Exhibit B - Livermore Valley Opera Agreement

4. Exhibit C - Thomasin Dewhurst Fine Art Agreement
Prepared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
542
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF PUBLIC ART

FUND PROJECT AND PROGRAM GRANT AGREEMENTS WITH
LIVERMORE PRIDE IN THE AMOUNT OF $10,000,
LIVERMORE VALLEY OPERA IN THE AMOUNT OF $10,000, AND
THOMASIN DEWHURST FINE ART IN THE AMOUNT OF $10,000
The City Council created the Public Art Fund for the purpose of funding public art and cultural programming consistent with the public art policy administered by the Commission for the Arts. The Project and Program Grant program was created by the City Council for use of the Public Art Fund for the purpose of encouraging programs for the cultural enrichment of the residents of, and visitors to, Livermore.

The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and September. The Commission for the Arts received a total of five applications for March 2024. Following a review of those five applications, the Commission for the Arts recommends funding three of the five Project and Program applications.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute the following Project and Program Grant Agreements:

1. Livermore Pride, in the amount of $10,000 for a variety of Arts Programming at the 5th Annual Pride Fest, attached hereto as Exhibit A;

2. Livermore Valley Opera, in the amount of $10,000 for Education and Community Engagement Program, attached hereto as Exhibit B; and

3. Thomasin Dewhurst Fine Art, in the amount of $10,000 for a visual arts collaboration between Arts and Science in the form of a mural project and event, attached hereto as Exhibit C.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 22, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
543
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Livermore Pride Agreement
Exhibit B – Livermore Valley Opera Agreement
Exhibit C – Thomas Dewhurst Fine Art Agreement
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Project and Program Grant Agreement Page 1
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND

LIVERMORE PRIDE
FOR FISCAL YEAR 2024-25

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2024, between the City of Livermore, a municipal corporation (“City”), and Livermore Pride, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.

C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.

D. Grantee has applied to City for funding for a project or program to support art programming for the 5th Annual Livermore Pride Fest (“Project”).

E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.

F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:

EXHIBIT A
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Project and Program Grant Agreement Page 2
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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: The 5th Annual Pride Fest to be held on October 19, 2024.

1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.

2. Service Objective: provide funds for performers of live music, spoken word, DJ music, dance, drag, physical arts and new media across two, logistics and infrastructure. (“Activities”).

3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

B. Budget
City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.

C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.

Substandard performance as determined by City will constitute non-compliance with this Agreement.

II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.

III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.

The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.

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EXHIBIT A
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D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.

E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.

F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.

City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.

G. Suspension, Termination, Return of Funds

1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.

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City shall give Grantee written notice of any failure to comply with the Agreement.

If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.

Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.

2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.

Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.

Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.

VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping

1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and

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EXHIBIT A
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c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.

2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.

3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.

4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.

B. Reporting and Payment Procedures

1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.

2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.

3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.

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B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.

Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.

Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.

These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.

C. Subcontracts

1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.

2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.

3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.

D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.

E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.

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VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.

XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.

XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
***********************************************************************************************************

SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE

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EXHIBIT A
552
Project and Program Grant Agreement Page 9
Rev. 10/2023
IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.

Livermore Pride
a California non-profit corporation
“Grantee”
By: Dated:

PRINT NAME: David Hurst
TITLE: Chair of the Board

CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Brandon Cardwell
Innovation & Economic Development Director
APPROVED AS TO FORM:
_ ____________

DEPUTY/ASSISTANT/CITY ATTORNEY
Attachments:

Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements

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EXHIBIT B

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:

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

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

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

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

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

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

3. Any failure to comply with reporting or other provisions of the policy,

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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

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

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Project and Program Grant Agreement Page 1
Rev. 10/2023

AGREEMENT BETWEEN CITY OF LIVERMORE
AND

LIVERMORE VALLEY OPERA
FOR FISCAL YEAR 2024-25

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2024, between the City of Livermore, a municipal corporation (“City”), and Livermore Valley Opera, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

D. Grantee has applied to City for funding for a project or program to support the Livermore Valley Opera's (LVO) Education and Community Engagement Program (“Project”).

E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.

AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:

I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Cultural Arts Master Plan, and herein. The Project will include the following activities DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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Rev. 10/2023
eligible under the Project and Program Grant Program: to support LVO's Education and Community Engagement Program, a continuation and expansion of the ongoing education and community engagment program.

2. Service Objective: Grant funds will be used to provide a reduction of a full opera presented at elementary schools with four singers and piano accompanist, master classes at middle and high school choruses twice a year with one singer and piano accompanist, opera recital at a senior community twice a year with two singers and one piano accompanist, and an opera recital at the library twice a year with two singers and a piano accompanist. (“Activities”).

B. Budget

City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.

Substandard performance as determined by City will constitute non-compliance with this Agreement.

III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.

The City shall disburse the Project & Program Grant in three installments: 30 percent in DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.

IV. NOTICES
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:

City: City of Livermore
Attn: Theresa De La Vega, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Livermore Valley Opera
Attn: Keith Sawyer

V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.

B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.

Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.

C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.

D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.

G. Suspension, Termination, Return of Funds

DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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Rev. 10/2023
City shall give Grantee written notice of any failure to comply with the Agreement.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.

VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping

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funded by this Agreement.

3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.

B. Reporting and Payment Procedures

3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

B. Conflict of Interest
DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.

These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.

C. Subcontracts

1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.

3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.

VIII. SEVERABILITY
DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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Rev. 10/2023
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.

SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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Rev. 10/2023
IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.

Livermore Valley Opera
a California non-profit corporation
“Grantee”
By:___________________________ Dated:____________________________ PRINT NAME: Keith Sawyer
TITLE: President

DEPUTY/ASSISTANT/CITY ATTORNEY
Attachments:

Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7 5/17/2024 | 9:44 AM PDT

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INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:

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

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

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

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

3. Any failure to comply with reporting or other provisions of the policy, DocuSign Envelope ID: 7659426D-D4DE-4A05-B7D3-1CF78D35B5B7

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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.

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

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

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CITY COUNCIL STAFF REPORT ITEM NO. 5.16
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Resolution authorizing the execution of an agreement with All City Management Services, Inc. to provide crossing guard services for a five-year term, in an amount notto-exceed $1,516,644.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with All City Management Services, Inc. to provide crossing guard services in an amount notto-exceed $1,516,644 for a five-year term for the period July 1, 2024, through June 20, 2029.

SUMMARY
On August 8, 2005, the City Council adopted Resolution 2005-172 authorizing the City to contract with a vendor to provide crossing guard services for the Livermore Valley Joint Unified School District. This eliminated the function from being performed by the Police Department staff as well as making the vendor responsible for all aspects of the program, including hiring, training, deployment, supervision and management of the guards, purchasing and maintaining all associated equipment as well as monitoring the sites and providing alternate guards in case of absences. The current agreement with our vendor All City Management Services, Inc. expired on June 30, 2024.

DISCUSSION
Crossing Guards are supplied for both the regular school year and for the summer school program for a total estimated 8,100 hours of guard service per year. The City Council re-affirmed the City's commitment to the Crossing Guard Program in a June 2002 policy decision.

On June 3, 2024, public notice for Request for Proposal and Qualifications (RFP & Q) 24-353515 was issued for Crossing Guard Services and closed on June 17, 2024. Two vendors submitted proposals Cross Safe and All City Management Services, Inc.. Proposed hourly rates were as follows:

All City Management Services, Inc. Everything Parking, Inc. (dba Park Inc.) 699
Fiscal Year Hourly Rate Annual Rate Fiscal Year Hourly Rate Annual Rate FY 2024-25 $34.59 $280,179 FY 2024-25 $50.15 $306,918
FY 2025-26 $35.86 $290,466 FY 2025-26 $50.15 $306,918
FY 2026-27 $37.56 $304,236 FY 2026-27 $50.15 $306,918
FY 2027-28 $38.84 $314,604 FY 2027-28 $50.15 $306,918
FY 2028-29 $40.39 $327,159 FY 2028-29 $50.15 $306,918
Total Agreement
Value
$1,516,644
Total Agreement
Value
$1,534,590
During the term of the agreement, All City Management Services, Inc. proposal reflects a savings of $17,946.

All City Management Services (ACMS), Inc. provided five municipality references where they currently perform crossing guard services in the area. Staff is familiar with ACMS customer service and responsiveness due to the prior five-year agreement with them.

ACMS is the vendor with the lowest cost for services and has the highest qualifications for crossing guard services.

The recommended agreement, which is for a five-year period from July 1, 2024, through June 30, 2029, includes the following provisions:

ACMS to provide crossing guard services at 15 locations ACMS to assume complete responsibility for all agreement functions including recruitment, background checks, training, payroll, supervision, and insurance ACMS to maintain alternate guards, cellular and paging options, and a 24-hour toll-free phone number top ensure adequate and immediate back-up for any crossing guard absent from duty for any reason

FISCAL AND ADMINISTRATIVE IMPACTS
The total value of the proposal submitted by the vendor is $1,516,644 over five years. The current Police Department budget has sufficient funding available for the program through FY 2024-25. Costs in subsequent years will be budgeted in the Police Department General Fund budget.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
2: Public Safety

ATTACHMENTS

1. Resolution
700

2. Exhibit A - Agreement
Prepared by: Deirdre Ramsey
Business Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
701
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ALL CITY MANAGEMENT SERVICES, INC., FOR CROSSING
GUARD SERVICES IN AN AMOUNT NOT-TO-EXCEED $1,516,644,

FOR A FIVE-YEAR TERM
On August 8, 2005, the City Council adopted Resolution 2005-172 authorizing the City of Livermore (“City”) to contract with a vendor to provide crossing guard services for the Livermore Valley Joint Unified School District, to free up Livermore Police Department staff and resources previously used to manage the crossing guard services. The current contract for crossing guard services expired on June 30, 2024.

Crossing guards are supplied for both the regular school year and for the summer school program for a total estimated 8,100 hours of guard service per year.

On June 3, 2024, the City issued a Request for Proposals for crossing guard services. Two proposals were submitted, and after careful consideration and review of all submittals, All City Management Services, Inc. was selected as the best value for the award of a services agreement for crossing guard services due to their high qualifications and lower costs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, or her designee, to execute the Agreement for Services with All City Management Services, Inc., attached hereto as Exhibit A, in an amount not-to-exceed $1,516,644, for crossing guard services for the term of July 1, 2024, through June 30, 2029.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 22, 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 – All City Management Services Agreement
702

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

RECITALS
City requires services to provide crossing guard services at designated locations in the City of Livermore.

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

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

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

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

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

3. Description of Services. Contractor shall provide services to provide professional crossing-guards at designated locations within the City of Livermore as more particularly set forth in Exhibit "A" (collectively “the Services”).

4. Contractor’s Responsibilities. Contractor shall:
(a) Diligently perform the Services in a manner commensurate with industry, professional, and community standards;
(b) Provide the resources necessary to complete the Services in a timely manner;
(c) Obtain a business license from the City of Livermore, and keep it in effect for the term of this Agreement;
(d) Obtain and keep in effect all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Contractor to practice its profession and to provide the Services;
Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
703
(e) Comply with all laws in effect that are related to Contractor and the Services; (f) Coordinate the Services with the Chief of Police (“Project Manager”), or such other person designated as the Project Manager by City; (g) Be available to the Project Manager, and other parties referred to Contractor by the Project Manager, to answer questions or inquiries related to the Services; (h) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested. Contractor shall not submit an invoice to City more frequently than once a calendar month; (i) Keep and maintain invoices and records related to the Services in an organized manner. At a minimum, the records must be kept for at least 3 years from the date of final payment to Contractor and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment.

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

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

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
704

5. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $1,516,644 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.
(b) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.
(c) Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. The Contractor shall provide City with 60 days-notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.

6. Term. The term of this Agreement commences on July 1, 2024, and terminates upon the completion of the Services or June 30, 2029, whichever occurs first.

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

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

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

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
705

10. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’s employees who require access to the information to perform the Services. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are destroyed or returned to City.

11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including reasonable, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the services contemplated by this Agreement, or in connection with Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City. (a) Modification for Construction Contracts. To the extent this Agreement is a “construction contract” covered by California Civil Code section 2782, then Contractor’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Contractor’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e).

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

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

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

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

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
706

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

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

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

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

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

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

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
707

TO CITY: Attention: Deirdre Ramsey
Livermore Police Department
1052 S Livermore Avenue
Livermore, California 94550
TO CONTRACTOR: Attention: Demetra Farwell
All-City Management Services, Inc.
10440 Pioneer Blvd, Suite #5
Santa Fe Springs, CA 90670

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

27. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and Attachment List on the Next Page
Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
708
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.

CONTRACTOR: Dated:
____________________________ ___________________________ By: Baron Farwell
Title: CEO, CFO
CITY OF LIVERMORE: Dated:
____________________________ ____________________________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
___________________________
Deputy/Assistant/City Attorney
APPROVED AS TO INSURANCE:
_______________________
Risk Manager/Analyst
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2 7/16/2024 | 12:45 PM PDT

EXHIBIT A
709

EXHIBIT A
Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
710
All CCTITir �A<GIEIMITEF:TI! §IEffiYlICCJE§
June 11, 2024
City of Livermore
Olivia Mahedy, Administrator
Request for Proposal #24-353515
1110 S. Livermore Avenue, Livermore, CA 94550
Dear Ms. Mahedy:

On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the community of Livermore. We are proud to have managed the School Crossing Guard program for the City of Livermore for nineteen (19) years.

We have received the Bid Proposal with services to begin on or around July 1, 2024. We have reviewed the Scope of Work, General Conditions and General Services Agreement. We acknowledge the City has requested the awarded vendor to sign the GSA without modification.

Based upon a comprehensive review of the Bid Proposal with Exhibits, we agree with the terms and conditions set forth with the following exceptions to Exhibit A and Exhibit C.

Exhibit A: General Services Agreement; Section 5 - Compensation and Payment A, we would like to request a slight revision to this section. GSA; Section 7; Termination by City, we would like both parties to have the option for early termination, if needed. GSA; Section 11 - Defense, Indemnity, and Hold Harmless, we would like to have this section include shared liability.

Exhibit C: Insurance Requirements, we would like to discuss a revision to the General Liability per occurrence and Auto Liability per occurrence limits. Please see our exceptions pages included in our bid response for additional information.

Our goal is simple, to continue to relieve the City of Livermore of the day-to-day responsibilities of managing a Crossing Guard Program. As your full services contractor, we assume complete responsibility for the day to day operations of the Crossing Guard programs we manage. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, and management of the program.

We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also will continue to establish communication with each school in the City of Livermore program to ensure proper scheduling.
10440 Pioneer Blvd Suite 5 • Santa Fe Springs, Ca 90670 • 310-202-8284 • 800-540-9290 • FAX 310-202-8325 Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
711
We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well as the development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards.

We are certainly excited about the possibility of continuing to provide Crossing Guard services for the City of Livermore. If you have any questions, please feel free to contact me at 800 540-9290.

Sin�, �
Dav}�er
Marketing & Contracts Manager
[email protected]
10440 Pioneer Blvd Suite 5 • Santa Fe Springs, Ca 90670 • 310-202-8284 • 800-540-9290 • FAX 310-202-8325 Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
712
AILJ1 (CJTII1[ �AGJIDMITEm §JEm.WIKCJE§

COMPANY PROFILE
All City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985.

We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently have over 8,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide.

One defining issue that distinguishes ACMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 310+ agencies.

Ultimately our clients become the beneficiaries of our single-minded approach toward this industry.

The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections.

One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experience and understanding of the Crossing Guards currently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management.

With over 36 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service.

All City Management Services, Inc. has not lost a client agency due to failure or refusals to complete a contract and has not lost a client agency due to the level of service provided.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
713
AJUL (CJTil)Y �A«1rJE™11Em §JEffiWTI<CIE§
Comptroller
John Varner
Payroll / Accounting
Managers
Payroll Specialists /
Accounting Specialists
Expense Management
Accounts Pavable
Client Satisfaction
I
I
l
I
[
[
Owner
Baron Farwell
Chief Operations Officer
Brian Brooks
V.P. of Operations
Patricia Pohl
National Operations I
Mana_ger
Operations Mangers
Area Supervisors l
Crossing Guards I
I
Director of Marketing
Harlan Sims
Marketing Manager I
Marketing Assistants
I Business Deve�
opment/ I
Contractmg
f Client Satisfaction l I Client Satisfaction I
Director, Admin Services
D. Farwell
I Admin. Manager
HR Coordinator
I Vendor Relationships
I Inventory
I Insurance
Client Satisfaction
Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
714
ML <Cr:rn IMl&MACGIEOOJEMr §JEIBWJICCJE§
City of Livermore
Vice President of Operations
Patricia Pohl
310 877 7045 cell
[email protected]
National Operations Manager
Kim Brooks
913 333 2563 cell
[email protected]
Operations/Program Manager
Alan Stone
415 844 0223 cell
[email protected]
Area Supervisor
Yuan Zhou
925 436 9977 cell
[email protected]
Up to 15 Crossing Guards
Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
715
Field Management Personnel
The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community serviced by the City of Livermore will continue to benefit from a team concept which consists of Area Supervisor, Program Manager, National Operations Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each.

Area Supervisor (Yuan Zhou): Yuan will continue to serve as Area Supervisor, he will handle all aspects of the daily supervision of the program of fifteen (15) Crossing Guards and alternate pool. With support from the Regional Manager, he will typically recruit, hire, train and provide personnel management for all the sites he oversees and interfaces with school staff as needed. In addition to communicating with the School staff, he is responsible for ensuring each employee receives the proper number of Site Performance Evaluations and completes the Certification mandates. Yuan will be available by telephone on all occasions for discussion with staff and will be locally available for meetings in person upon 24-hour written or telephonic notice. Yuan Zhou reports directly to the Regional Manager.

Regional Manager (Alan Stone): Alan will continue to serve as Regional Manager and directly manage your Area Supervisor and provide training and support. He will also interface with the City representatives and School staff as needed. He will continue to assist in the hiring of the Area Supervisor and Crossing Guards as well as the development and implementation of training programs and certification standards. Alan has considerable experience as a Regional Manager including programs in City of Benicia, City of Los Altos, County of Alameda, Antioch Unified School District, and Marin County Transportation Authority. He will ensure compliance with Company standards and the City's expectations. Alan Stone reports directly to the National Operations Manager.

National Operations Manager (Kim Brooks): Kim has over 6 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Vice President of Operations to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations.

Vice President of Operations (Pat Pohl): Pat has over 27 years of industry experience. She is responsible for overall contract compliance. Works with the National Operations Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
716
Approach and Management Plan
ACMS employs a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and National Operations Manager will continue to work together with input from the City of Livermore to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional Manager and Area Supervisor to implement the management plan.

The Regional Manager along with your local Area Supervisor has responsibility for the direct management of the Crossing Guards and together they will ensure the City's operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision-making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children.

Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by the local Area Supervisor and Regional Manager. In addition to verbal training and counseling, these managers are supported by the use of Field Training Check Lists, Field Training Cards, Site Performance Evaluations, and independent Field Observations. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City representative.

Background checks will be completed on all potential employees as allowed by California state law. Successful completion of the live-scan fingerprint based criminal background check, former employer reference check, and Security verification via E-Verify is required prior to the employee being hired. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decisions based on criminal records.

After pre hire screening ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our School Crossing Guard Employee Manual.

Internal minimum passing standards along with the City's established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to:
• Conduct in violation of California Penal Code or which requires registration under California Penal Code
• Conduct which requires registration under the California Health and Safety Code. • Any offense involving the use of force or violence upon another person.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
717
• Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession, or use of a controlled substance.
• Conspiracy or attempt to commit any of the aforementioned offenses. • Any registered sex offender or narcotics offender.

ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to the City within two (2) hours to advise them of the nature of the complaint.

ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint.

Communications with individual school sites is facilitated by the Field Supervisor. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange.

Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes.

Additionally, schools are provided with large magnets which can be easily displayed, making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes.

The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site ( or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines.

ACMS Area Supervisors are in the field daily when crossings are covered by the guards, and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS has developed a Crossing Guard "App" that is geo-fenced, which only allows guards to clock in once they are actually on site. This "App" will indicate when a crossing guard is on site and more importantly, allows ACMS to quickly identify when a guard is not on site. This "App" will allow ACMS to not only quickly determine where staffing efforts are needed most but will also improve our billing and invoicing accuracy. Our billing/invoicing is tied to our payroll and by having a more efficient process for timekeeping, should eliminate potential billing . .
maccurac1es.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
718
Recruitment and Staffing
ACMS Managers would assess additional staffing needs of the program after meeting with your agency and again following our initial orientation and training meeting. We would then focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed.

We have developed a comprehensive plan for the recruitment of new Crossing Guards.

As a part of our Staffing strategy, we encourage a very aggressive recruitment program.

We utilize soft advertising, local media advertising, targeted flyers, on-site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy.

We often work closely with school districts in some of our recruitment drives.

Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance.

Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards.
♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards.
♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of ensuring the safety of children with our presence. As such, we cannot allow the children's safety to be compromised by failing to call or no show for duty.

Supervisor Teams - The Livermore crossing guard program would continue to benefit from our presence in nearby cities such as: City Pleasanton, City of Dublin, and City of Fremont, and City of Tracy. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share alternate guards with each other.

This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
719
Employee Retention: To enhance employee satisfaction and support our retention efforts, ACMS reviews guards wage rates annually in an effort to continually remain competitive in the local labor market. If contractual and budget requirements allow; we plan to offer a small wage increase annually based upon performance and tenure.

We also provide publicized employee recognition through our Crossing Guard of the Year programs and Length of Service Awards. Additionally, we provide local Area Supervisors with a small budget for employee socials.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
720
Training
Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 3 8 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence.

The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero-tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees.

Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook/or School Crossing Guards". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employee's progress is closely noted on the detailed steps outlined on the Field Training Check List to ensure the employees' field competence. This cross-modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory, and kinesthetic learner. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it's important to note that the low ratio of students to trainer allows for accurate assessments of the employees readiness to move forward.

The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocketsized card (listing all steps for a safe cross) allows the employee to self-evaluate their performance prior to the time they have all steps of the procedures memorized.

Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both sideby-side sessions as well as unannounced observations without the knowledge of the employee.

The standard issue equipment and clothing includes:
• ANSI II compliant high-visibility retro-reflective vest marked with the required insignia of a Crossing Guard
• MUTCD compliant 18" STOP/STOP paddle
• Picture Identification Card with emergency contact information • Company-issued cap or visor with corporate logo
• Whistle for emergency alert to vehicles and pedestrians • High-visibility ANSI II compliant wind-breaker jacket Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
721
Proposed Hourly Rate
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but be not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Livermore, CA Crossing Guard Program.

Proposed Hourly Rate 2024/2025: Thirty-four Dollars and Fifty-nine Cents ($34.59) per hour, per guard. This pricing is based upon 15 crossing guards compensated an average of 3.0 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 8,100 hours, we project a Not to Exceed Price of $280,179.

Proposed Hourly Rate 2025/2026: Thirty-five Dollars and Eighty-six Cents ($35.86) per hour, per guard. Based upon 8,100 hours, we project a Not to Exceed Price of $290,466.

Proposed Hourly Rate 2026/2027: Thirty-seven Dollars and Fifty-six Cents ($37.56) per hour, per guard. Based upon 8,100 hours, we project a Not to Exceed Price of $304,236.

Proposed Hourly Rate 2027/2028: Thirty-eight Dollars and eighty-four Cents ($38.84) per hour, per guard. Based upon 8,100 hours, we project a Not to Exceed Price of $314,604.

Proposed Hourly Rate 2028/2029: Forty Dollars and Thirty-nine Cents ($40.39) per hour, per guard.

Based upon 8,100 hours, we project a Not to Exceed Price of $327,159.

Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Livermore would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City.

The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
722
Crossing Guard Locations
Provide one Crossing-Guard at each location listed below to assist pedestrians in safely crossing City streets:

1. East Avenue at Estates Street

2. Livermore Avenue at Junction Avenue/Elm Street

3. Portola Avenue at Enos Way

4. El Caminito at Wagoner Drive

5. Garaventa Ranch Road at Hawk Street

6. Olivina Avenue at Albatross Avenue

7. Jack London Boulevard at Arlington Road

8. Concannon Boulevard at El Padro Drive

9. Frankfurt Way at Warsaw Avenue

10. Murdell Lane at mid-block crosswalk

11. El Caminito at El Padro Drive

12. Irene Way at Diane Lane

13. Junction Avenue at Chestnut Street

14. Scenic Avenue at Mount Diablo Way

15. North Vasco at Garaventa Ranch Road
Each site shall be staffed every school day for 1.5 hours each morning prior to school start times and 1 hour each afternoon at school release times, including selected summer school sites. The City will notify the contractor in advance of selected summer school locations.

The City reserves the right to add, delete, or revise the schedule or locations at any time with a 30-day notification.

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
723

EXHIBIT B

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

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

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

3. Workers’ Compensation and Employer's Liability:

Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability.”
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

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

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
724

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

Docusign Envelope ID: D875E1CD-776B-43B5-A6B2-D1FD843860A2

EXHIBIT A
725
CITY COUNCIL STAFF REPORT ITEM NO. 5.17
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Resolution authorizing acceptance of funds in the amount of $64,074, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2024-25 and authorizing the City Manager to execute the grant agreement.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:

1. Authorizing acceptance of funds, in the amount of $64,074, for a State of California Department of Alcoholic Beverage Control grant in Fiscal Year 2024-25;

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

3. Approving a supplemental appropriation of $64,074 in the Police Department's budget to support the execution of the grant.

SUMMARY
The Police Department applied for, and was awarded, a grant from the State of California Department of Alcoholic Beverage Control in the amount of $64,074. Authorized expenditures are categorized in the following areas:

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

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

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

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

5. Provide briefing trainings to general patrol staff for better knowledge and implementation on ABC 726
laws. This would be done at least twice through the grant period. Training will focus on applicable laws and investigative steps required for successful prosecution.

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

FISCAL AND ADMINISTRATIVE IMPACT
Funding for this grant was not included in the FY 2024-25 budget because the grant opportunity was not present during the budget planning period. A $64,074 appropriation to the Police Department’s FY 2024- 25 budget will be required; however, the grant will be received on a reimbursement basis from the State of California. There is no City required match and no financial obligation beyond the grant period.

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

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
2: Provide proactive and effective public safety and crime prevention through direct enforcement, education, and partnerships.

ATTACHMENTS

1. Resolution

2. Exhibit A - Grant Agreement
Prepared by: Deirdre Ramsey
Business Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
727
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING RECEIPT OF FUNDS IN THEAMOUNT OF $64,074 FOR

THE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL

GRANT AWARD AND AUTHORIZING EXECUTION OF THE GRANT AGREEMENT The City of Livermore has been awarded $64,074 in grant funds from the State of California Department of Alcoholic Beverage Control (ABC) to further its commitment to education and enforcement efforts related to the responsible sale and consumption of alcoholic beverages.

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

Funding for this grant must be appropriated in the FY 2024-25 budget and will be received on a reimbursement basis from the State of California.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the receipt of State of California Department of Alcoholic Beverage Control grant funds, in the amount of $64,074 for Fiscal Year 2024-25, consistent with the terms and conditions of the grant and authorizes a supplemental appropriation in the amount of $64,074 for FY 2024-25.

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

On motion of Council Member ___________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on July 22, 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 - Department of Alcoholic Beverage Control Grant Agreement 728
Docusign Envelope ID: ABA6E3E5-0CCF-4A37-BC2B-DE966CBF215A

APPROVED AS TO FORM APPROVED AS TO INSURANCE

EXHIBIT A
7/12/
729

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2024 through June 30, 2025.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least four (4) Minor Decoy operations.

2. Conduct at least four (4) IMPACT operations.

3. Conduct at least four (4) General Enforcement operations.

4. Conduct at least four (4) Special Event operations (Rodeo/Half marathon, Beerfest, car show) Docusign Envelope ID: ABA6E3E5-0CCF-4A37-BC2B-DE966CBF215A

EXHIBIT A
730

5. Conduct at least two (2) Community Outreach meetings.

6. Conduct at least eight (8) Briefing trainings.

7. Host at least one (1) LEAD training.

8. Provide at least two (2) press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

8. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

9. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:

Livermore Police Department
Matt Williams, Sergeant
1110 S. Livermore Avenue
Livermore, CA 94550
(925) 371-4973
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Direct all fiscal inquiries to:

Livermore Police Department
John Reynolds, Captain
1110 S. Livermore Avenue
Livermore, CA 94550
(925) 371-4715
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Docusign Envelope ID: ABA6E3E5-0CCF-4A37-BC2B-DE966CBF215A

EXHIBIT A
731

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (24-APP19) and must not exceed the contract total authorized amount of $64,074.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2024.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2024 and on or before the project termination date, June 30, 2025. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

Docusign Envelope ID: ABA6E3E5-0CCF-4A37-BC2B-DE966CBF215A

EXHIBIT A
732
II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Officers ($101.11/hourly) $40,038.00
Sergeant ($125.80/hourly) $21,386.00
Benefits – n/a $0.00
TOTAL Personnel $61,424.00
B. Operating Expenses (receipts required)
n/a $0.00
TOTAL Operating $0.00
C. Equipment (receipts required, must be purchased by 12/31) n/a $0.00
TOTAL Equipment $0.00
D. Travel Costs
Registration, lodging, per diem $2,650.00
TOTAL Travel $2,650.00
GRANT TOTAL $64,074.00
Docusign Envelope ID: ABA6E3E5-0CCF-4A37-BC2B-DE966CBF215A

EXHIBIT A
733
III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

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EXHIBIT A
734

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of theState.

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EXHIBIT A
735

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

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EXHIBIT A
736
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.

See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

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EXHIBIT A
737

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub.

Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)
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EXHIBIT A
738

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2024, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

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EXHIBIT A
739
CITY COUNCIL STAFF REPORT ITEM NO. 5.18
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Resolution establishing fees for a concealed carry weapons (CCW) permit and appropriating $15,000 of the fee revenue to cover the costs to implement the CCW permit program.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving the listed rates for obtaining a concealed carry weapon (CCW) permit and appropriating $15,000 of the fee revenue to cover the costs to implement the CCW permit program.

SUMMARY
The responsibility of reviewing concealed carry weapons (CCW) applications resides with both the local Police Chief and the County Sheriff. In response to the 2022 United States Supreme Cout ruling in New York Rifle and Pistol Association v. Bruen, which changed the factors an agency can permissibly consider when reviewing an application, the Alameda County Sheriff’s Office (ACSO) will only accept CCW applications from individuals who reside in unincorporated Alameda County. Therefore, the Livermore Police Department (LPD) is now required to review applications for and issue new, renewal, and modification/duplicate CCW permits to individuals whose primary residence is in the City of Livermore. Under state law, local agencies issuing CCWs may establish fee structures that reflect reasonable costs associated with receiving, processing, and issuing CCWs. The LPD developed a fee schedule for the review of applications for and the issuance of new CCW permits, permit renewals, permit modifications/duplicate permits.

DISCUSSION
On June 23, 2022, the United States Supreme Court (USSC) issued a ruling in New York Rifle and Pistol Association v. Bruen and held that the ability to carry a firearm in public was a constitutional right guaranteed by the Second Amendment. The Court held that states using "may-issue criteria" that relied on arbitrary evaluations of “need” made by local authorities are unconstitutional. The ruling invalidated California’s requirement that an applicant show “good cause” to obtain a CCW permit as unconstitutional.

In response to the USSC’s ruling in the New York Rifle and Pistol Association v. Bruen, the State of 740
California enacted the 2023-24 CCW Senate bill (SB2) to implement changes to the CCW process, including establishing objective criteria that apply when reviewing a CCW application.

Until May 1, 2024, the ACSO processed and issued CCW’s to individuals whose primary residence was within the Livermore city limits. As of May 1, 2024, ACSO only accepted CCW applications from individuals who reside in unincorporated Alameda County leaving the responsibility to local city governments within Alameda County for issuance within their jurisdictions. Therefore, after May 1, 2024, the LPD is tasked with reviewing applications for and issuing new, renewal, and modification/duplicate CCW permits to individuals whose primary residence is within the city limits. ACSO provided the LPD with CCW data for Livermore and there were approximately 120 CCW permits issued to individuals whose primary residence is in the City of Livermore and approximately another 200 applications waiting to be processed.

The process and issuance of the CCW’s will comply with state law, which the criteria for approval are:

1. Not a disqualified person

2. At least 21 years of age

3. Resident of the City of Livermore

4. Completed a specified training course.

5. The firearm is registered with California Department of Justice (CADOJ).

Standard CCW permits are valid for two years, Judicial Officer CCW permits are valid for three years, and Reserve Police Officer CCW permits are valid for four years.

LPD created an application, background, and licensing process. The process will consist of an initial online application, a criminal history check (Live Scan), a background investigation that will be conducted by LPD staff, a psychological evaluation paid for by the applicant, applicant provided certificate of a Department of Justice (DOJ) approved16-hour CCW training course, and final review and issuance of the CCW permit. The on-line application process will be managed by a third-party vendor, Permitium, with oversight by Livermore Police Department staff.

Under state law, local agencies issuing CCWs may establish fee structures that reflect reasonable costs associated with receiving, processing, and issuing CCWs. The LPD developed a fee schedule to cover reviewing applications for and issuing of new CCW permits, permit renewals, and permit modifications/duplicate permits. The CCW permitting fees represent a cost recovery effort to cover the amount each type of permit assumes, absorbs an annual cost of $3553 for Permitium, City staff time of three hours for a new permit background, and one hour for permit renewals including DOJ background check, and one-half hour for modifications/duplicates. The applicant will pay an initial fee of $93.00, which will be paid to Permitium for the Live Scan criminal history check though DOJ. The fee schedule is as follows:

Standard Permit
(2 year)
Judicial Permit
(3 year)
Reserve Officer Permit
(4 year)
Initial Fee
Paid upon submission of
application
$93.00 $93.00 $93.00
741
Issuance Fee
Paid upon approval of
permit
$387.00 $387.00 $387.00
Renewal Fee
Paid upon submission of
application
$94.00 $94.00 $94.00
Modification/Duplicate
Fee
Paid upon submission of
application
$47.00 $47.00 $47.00
The 2023-24 CCW Senate bill (SB2) requires issuing authorities to undertake a more detailed investigation and review of CCW applications than previous law; therefore, the LPD will likely incur significant workload costs. To offset the anticipated workload of CCW applications and the 90-day timeline requirement to determine whether the applicant is qualified or disqualified, the LPD requires hiring four Special Projects Coordinators (SPCs) to complete the CCW backgrounds. The SPC positions will be filled by retired law enforcement peace officers who meet the eligibility requirements for hire.

FISCAL AND ADMINISTRATIVE IMPACTS
The proposed CCW fees are intended to cover the reasonable staff and equipment costs associated with the CCW permit process and will not result in any significant revenue generation. There will be an anticipated monthly cost of approximately $1,250 or $15,000 annually for four special project coordinators (SPCs) to process and background each CCW applicant (each SPC will work approximately six hours/month on backgrounds related to CCW applicants). The proposed CCW fees will cover those costs to issue the CCW permit.

The estimated expenses and revenue have not been included in the Police Department's FY 2024-25 budget and will require an appropriation of $15,000 to hire the four SPCs.

COMMUNITY PILLAR
5: A City That Works
GOAL
17: Maintain strong financial policies that protect and enhance the City’s long-term fiscal strength.

ATTACHMENTS

1. Resolution
Prepared by: Joseph Draghi
Police Lieutenant
742
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
743
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING FEES FOR A CONCEALED CARRY
WEAPONS PERMIT AND APPROPRIATING $15,000 OF THE FEE

REVENUE TO IMPLEMENT THE PERMIT PROGRAM
Following the 2022 United States Supreme Court ruling in New York Rifle and Pistol Association v. Bruen, which changed the factors in which an agency can permissibly consider when reviewing a Concealed Carry Weapon (CCW) permit application, the Alameda County Sheriff’s Office (ACSO) will only accept CCW permit applications from individuals who reside in unincorporated Alameda County. Therefore, the Livermore Police Department (LPD) is now required to review applications for and issue new, renewal, and modification/duplicate CCW permits to individuals whose primary residence is in the City of Livermore.

Based on the application processing and applicant background checks necessary for issuing a permit, the estimated cost of the permit process and issuance is $93.00 for the initial application, $387.00 for the issuance of the permit, $94.00 for a permit renewal, and $47.00 for a modification or duplicate permit. The fee amounts are calculated to recover costs for issuing the permits, including the annual cost for the third-party vendor that will manage the online application process, and the City staff time required, 3 hours for the issuance of new permits, 1 hour for permit renewal, and

0.5 hours for permit modification/duplicate issuance. The fee amount assumes LPD will process approximately 120 CCW permits and year, based on the data received from ACSO.

Additionally, there will be an anticipated monthly cost of approximately $1,250 or $15,000 annually for four special project coordinators (SPCs) to process and background each CCW applicant (each SPC will work approximately six hours/month on backgrounds related to CCW applicants). The proposed CCW fees will cover those costs to issue the CCW permit. The estimated expenses and revenue have not been included in the Police Department's FY 2024-25 budget and will therefore require an appropriation of $15,000 to hire the four SPCs.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts fees for Concealed Carry Weapon permits in the amounts of $93.00 for an initial permit application, $387.00 for issuance of the permit, $94.00 for a permit renewal, and $47.00 for a modification or duplicate permit.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby appropriates $15,000 to the Police Department’s FY 2024-25 budget to hire 4 SPCs to process CCW applications.
744
RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 22, 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
745
CITY COUNCIL STAFF REPORT ITEM NO. 5.19
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Jason Alcala, City Attorney
SUBJECT: Resolution authorizing the City Manager to execute all documents and forms for the City to participate in settlement agreements for the National Prescription Opiate Litigation.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute all documents and forms necessary for the City of Livermore to participate in settlement agreements for the National Prescription Opiate Litigation.

SUMMARY
Numerous lawsuits by states and local political subdivisions throughout the country have been brought against manufacturers, distributors, pharmaceutical companies, marketers, pharmacy chains, and others for their contributions to the current opioid epidemic. Those lawsuits have been consolidated in a master case entitled In Re: National Prescription Opiate Litigation (United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804).

The City Council has previously authorized the City Manager to execute documents for Livermore to participate in the national settlements with distributors, manufacturers, and pharmacy chains, and to participate in the California agreements regarding the distribution and use of settlement funds allocated to Livermore. National settlements continue to be negotiated with additional parties, and most recently with the regional supermarket pharmacy Kroger Co.

The proposed resolution authorizes the City Manager to execute the required forms and documents necessary for Livermore to participate in the existing and all future settlement agreements for the National Prescription Opiate Litigation, subject to the City Attorney’s approval of the agreements as to form and subject to the City Manager’s determination whether Livermore should receive a direct payment of all or a portion of its allocation after considering the costs to receive, administer, and expend the funds locally for opioid remediation.

DISCUSSION
746
The federal government has acknowledged there is an opioid epidemic in the United States. The U.S.

Department of Health and Human Services reports that in the late 1990's pharmaceutical companies reassured the medical community that patients would not become addicted to opioid pain relievers and healthcare providers began to prescribe them at greater rates. It is also reported that increased prescription of opioid medications led to widespread misuse of both prescription and non-prescription opioids before it became clear that the medications could indeed be highly addictive.

Numerous lawsuits have been filed throughout the country seeking to address the effects from the public health crisis caused by the opioid epidemic. Many of those lawsuits have been consolidated in a master case entitled In Re: National Prescription Opiate Litigation (United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804).

The National Prescription Opiate Litigation lawsuits allege that manufacturers, distributors, pharmaceutical companies, marketers, pharmacy chains, regional supermarket pharmacies, and others contributed to the current opioid epidemic by grossly misrepresenting the risk of long-term use of those drugs and by failing to properly monitor suspicious orders for those drugs.

The City Council has previously authorized the City Manager to execute all documents and forms necessary for Livermore to join the National Prescription Opiate Litigation settlement agreements with the following:

Distributors
AmerisourceBergen Corporation
Cardinal Health, Inc.

McKesson Corporation
Manufacturers
Johnson & Johnson
Janssen Pharmaceuticals, Inc.

Ortho-McNeil-Janssen Pharmaceuticals, Inc.

Janssen Pharmaceutica, Inc.

Pharmacy Chains
Allergen
CVS
Walgreens
Walmart
Livermore’s participation in the national settlement agreements is also covered by the agreements the City Council authorized the City Manager to execute with the State of California for the distribution and use of settlement funds.

Subsequently, on April 10, 2023, the City Council further authorized the City Manager to register the City of Livermore to participate in the National Prescription Opiate Litigation settlement agreements with the pharmacy chains. Now, the City has the opportunity to participate in the National Prescription Opiate Litigation settlement agreement Kroger Co. for the regional supermarket pharmacy’s contribution to the opioid epidemic and its remediation.

The settlement agreements and documents including summaries and FAQs for each can be found at the following two websites, one hosted by the National Prescription Opiate Litigation parties, and the other hosted California Attorney General:
https://nationalopioidsettlement.com/
https://oag.ca.gov/opioids
Livermore has received the following allocations totaling $95,394 from the settlement agreements in FY 2023-24:

Settlement Payment 1 Payment 2 Payment 3 FY 23-24 Total Distributor $0* $26,445 $14,856 $41,301
Janssen $10,631 $24,802 $18,660 $54,093
Pharmacy Chains* $0 $0 $0 $0
*Livermore joined the settlement after the first Distributor payment was issued. *Livermore has not received any Pharmacy Chain payments as the settlements are in the process of being finalized.

In June, La Familia was awarded a $7.6 million State Behavioral Health Continuum Infrastructure Program (BHCIP) grant for the new construction and renovation of a Substance Use Disorder (SUD) facility on Tesla Road in Unincorporated Alameda County. The planned 16 bed facility is made up of four sobering beds, four detox beds, and eight SUD treatment beds for Tri-Valley residents. Staff is in the early stages of determining how the Opioid Settlement funds can support La Familia's SUD facility. Once determined, staff will return to Council for approval. To date the city has not allocated any Opioid Settlement funds.

RECOMMENDATION
Staff recommends the City Council adopt a resolution ratifying and confirming the City Manager’s authority to execute all documents and forms necessary for Livermore to participate in the National Prescription Opiate Litigation settlement agreements with the distributors, manufacturers, and pharmacy chains, and also authorizing the City Manager to execute all required forms and documents necessary for the City of Livermore to participate in any and all future settlement agreements for the National Prescription Opiate Litigation, subject to:
the City Attorney’s approval of the agreements as to form, and the City Manager’s determination whether Livermore should receive a direct payment of all or a portion of its allocation after considering the costs to receive, administer, and expend the funds 748
locally for opioid remediation.

Staff further recommends that the City Council’s delegation of authority restrict the use and expenditure of settlement proceeds from the National Prescription Opiate Litigation to the purposes set forth in those agreements.

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts other than staff time to execute and process the documents. The actual amount of settlement funds to be allocated to the City of Livermore is uncertain due to the incentives, adjustments, administrative costs, number of participating states and subdivisions (as well as their status as litigating subdivisions), and other factors that will affect the distribution. The City Manager, in her discretion, will determine whether Livermore should receive a direct payment of all or a portion of its allocation after considering the costs to receive, administer, and expend the funds locally for opioid remediation.

COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
8: Expand and improve access to human services

ATTACHMENTS

1. Resolution
Prepared by: Jason Alcala
City Attorney
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
749
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS

AND FORMS NECESSARY FOR THE CITY OF LIVERMORE TO PARTICIPATE IN THE

SETTLEMENT AGREEMENTS FOR THE NATIONAL PRESCRIPTION OPIATE LITIGATION,

AND DELEGATING AUTHORITY TO THE CITY MANAGER TO DETERMINE WHETHER TO

ACCEPT OR REDIRECT SETTLEMENT FUNDS ALLOCATED TO LIVERMORE Numerous lawsuits have been filed throughout the country seeking to address the effects from the public health crisis caused by the opioid epidemic. Many of those lawsuits have been consolidated in a master case entitled In Re: National Prescription Opiate Litigation (United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804).

The City Council has previously authorized the City Manager all documents and forms necessary for Livermore to join the National Prescription Opiate Litigation settlement agreements with the following:

Distributors
AmerisourceBergen Corporation
Cardinal Health, Inc.

McKesson Corporation
Manufacturers
Johnson & Johnson
Janssen Pharmaceuticals, Inc.

Ortho-McNeil-Janssen Pharmaceuticals, Inc.

Janssen Pharmaceutica, Inc.

As directed by the City Council on November 8, 2021, the City of Livermore registered its desire to participate in the settlements to help secure funds for the State of California, County of Alameda, and itself to combat the effects of the opioid crisis. That registration enabled the city to join two settlement agreements with the distributors and manufacturers that were approved by the City Council by Resolution Nos. 2021-208 and 2021-209, respectively. 750
RESOLUTION NO. ________
Subsequently, on April 10, 2023, the City Council further authorized the City Manager to register the City of Livermore to participate in the National Prescription Opiate Litigation settlement agreements with the pharmacy chains.

Council now desires to adopt a resolution ratifying and confirming the City Manager’s authority to execute all documents and forms necessary for Livermore to participate in the National Prescription Opiate Litigation settlement agreements with the distributors, manufacturers, and pharmacy chains, and also authorizing the City Manager to execute all required forms and documents necessary for the City of Livermore to participate in any and all future settlement agreements for the National Prescription Opiate Litigation, subject to:
(i) the City Attorney’s approval of the agreements as to form, and (ii) the City Manager’s determination whether Livermore should receive a direct payment of all or a portion of its allocation after considering the costs to receive, administer, and expend the funds locally for opioid remediation.

The City Council’s delegation of authority restricts the use and expenditure of settlement proceeds from the National Prescription Opiate Litigation to the purposes set forth in those agreements.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is hereby authorized to execute all documents and forms necessary for the City of Livermore to participate in settlement agreements for the National Prescription Opiate Litigation, and hereby ratifies and affirms the actions taken by the City Manager on behalf of the City of Livermore to participate in the National Prescription Opiate Litigation settlement agreements with the distributors, manufacturers, and pharmacy chains.

BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to make the determination in their discretion whether Livermore should receive a direct payment of all or a portion of its allocation, after considering the costs to receive, administer, and expend the funds locally for opioid remediation.

On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on July 22, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
751
CITY COUNCIL STAFF REPORT ITEM NO. 5.20
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Rescind Resolution 170-82 designating Tri-Valley Community Television Corporation as the official body to receive cable television funds.

RECOMMENDED ACTION
Staff recommends that the City Council rescind Resolution 170-82 as it does not conform with current practices and is unnecessary to the management of Public, Education, and Government (PEG) funds.

SUMMARY
At the July 26, 1982, meeting of the Livermore City Council, Tri-Valley Community Television was designated as the appropriate body to receive Public, Education, and Government (PEG) funds. Since that time, the Tri-Valley cities of Pleasanton, Dublin, and Livermore have allocated a portion of each city's PEG funds to Tri-Valley Community Television to assist in the production of community television capital expenses. Federal law mandates that cable companies provide funding to communities with PEG channels. PEG funding is a designated funding source created to assist local agencies in capital expenses required to produce community television for residents. Rescinding the resolution will keep PEG funding with the City and allow staff to spend it on PEG-eligible facility and equipment expenses pursuant to City Council direction.

DISCUSSION
Upon review of current practices, staff determined that Resolution 170-82 is no longer accurate or necessary to expend PEG funds. Rescinding Resolution 170-82 will allow staff to efficiently use PEG funds at the direction of the City Council on the Civic Center Meeting Hall as necessary to produce PEG programming, ensure the City owns all equipment in the Civic Center Meeting Hall, maintain PEG eligible equipment on an appropriate schedule as determined by the City's Administrative Services Department, and continue to provide TV30 a portion of PEG funding for capital expenses that allow them to produce quality content for residents.

FISCAL AND ADMINISTRATIVE IMPACT
752
There is no fiscal or administrative impact with this item.

COMMUNITY PILLAR
1: A City That Works
GOAL
1: Create opportunities for the Mayor and City Council to effectively engage with regional partners and members of the Community.

ATTACHMENTS

1. Resolution

2. Exhibit A - Resolution 170-82
Prepared by: Marie Weber
Deputy City Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
753
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION REPEALING RESOLUTION NO. 170-82
Since 1972, the City of Livermore (“City”), along with Dublin and Pleasanton, has utilized the services of Tri-Valley Community Television (“TVCT”) to administer government and community television services in the Tri-Valley area.

On July 26, 1982, the City Council adopted Resolution No. 170-82, designating TVCT as the official body to receive cable television grant funds, also known as Public, Educational, and Governmental (“PEG”) funds, due to the City of Livermore.

The TVCT Board of Directors approves the organization's annual operating budget, which includes a proportional share of PEG funding to cover TVCT’s capital expenses. That amount is only a portion of PEG funding received by the City.

Since adopting Resolution 170-82, the City has passed the board-approved amount of PEG funds to TVCT annually to cover the City’s share of the organization's capital expenses.

On July 1, 2023, the City signed formal agreements with TVCT for the operating (23-0448) and capital budget (24-0068) expenditures.

Since the adoption of agreements 23-0448 and 24-0068, City staff has recognized the need to reflect that the City is the official body receiving cable television grant funds to create more efficient and fiscally responsible practices, including:

1. Using PEG funding to maintain the technological needs of the new Civic Center Meeting Hall.

2. Purchasing all PEG-qualified capital expenditures in city-owned facilities to maintain City ownership of equipment.

3. Continue to cover the proportional cost of annual capital funding to TV30 at the direction of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby repeals Resolution No. 170-82 to reflect that the City of Livermore is the official body receiving the PEG fees due to the City.

On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on July 22, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
754
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason R. Alcala
Deborah L. Elam Jason R. Alcala
Acting City Clerk City Attorney
Exhibit A – Resolution 170-82
755

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE

STATE OF CALIFORNIA
RESOLUTION NO. 170- 82

RESOLUTION DESIGNATING THE TRI- VALLEY COMMUNITY

TELEVISION CORPORATION AS THE OFFICIAL BODY TO

RECEIVE CABLE TELEVISION GRANT FUNDS
WHEREAS, the City of Pleasanton and Viacom entered into an agreement extending the cable television franchise to July 15, 1985; and
WHEREAS, pursuant to the terms of the above agreement, a nonprofit corporation was to be formed to receive funds and to assist in the programing of community service television, said nonprofit corporation requiring approval by the City of Pleasanton with the concurrence of the City of Livermore; and
WHEREAS, Tri-Valley Community Television has been duly
incorporated as a nonprofit corporation with its purpose being to provide community service television and represents all the tri-valley interests; and
WHEREAS, at this time, it is appropriate for the City Council to designate Tri- Valley Community Television as the official body to receive funds and develop community service television pursuant to the Viacom cablevision extension agreement entered into with the City of Pleasantoni
NOW, THEREFORE, BE IT RESOLVED by the Livermore City Council that the City of Livermore designates Tri- Valley Community Television as the nonprofit corporation to receive funds and to develop community service television pursuant to the Viacom cablevision extension agreement with the City of Pleasanton.

BE IT FURTHER RESOLVED that the City Manager is directed to advise the City of Pleasanton of this action noting the City of Livermore' s concurrence with the City of Pleasanton' s Resolution No. 82- 228.

BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon concurrence of the City of Livermore of this designation.

APPROVED AS TO FORM:

ASSISTANT CITY ATTORNEY

EXHIBIT A
756

EXHIBIT A
757
CITY COUNCIL STAFF REPORT ITEM NO. 5.21
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Paul Spence, Assistant City Manager
SUBJECT: Resolution of continued local emergency in response to impacts from a series of severe storm events last year.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution of continued local emergency in response to impacts from a series of severe storm events last year.

SUMMARY
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 a series of severe storm events.

On February 27, April 24, June 12, July 24, September 11, October 23, and December 11, 2023, and January 22, 2024, and March 11, 2024, and April 15, 2024, and June 10, 2024 the City Council adopted resolutions of continued local emergency. California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

DISCUSSION
On January 4, 2023, the Executive Department of the State of California issued Executive Order N-2-23 proclaiming a State of Emergency for the Atmospheric River that started on December 27, 2022. On January 10, 2023, the City Council ratified a proclamation by the Emergency Services Director of the existence of a local emergency due to conditions of extreme peril to the safety of persons and property that arose within the City of Livermore caused by a series of severe rainstorms and high wind commencing in December 2022 and continuing through January 2023.

Proclamation 23-01 was ratified, as required, by the City Council within seven days (Resolution No. 2023-001). Once ratified, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-06). 758
On March 1, 2023, the Executive Department of the State of California issued a proclamation of State of Emergency due to a severe winter storm event beginning in February 2023 bringing damaging winds and historic precipitation that caused federal and state highways and road closures, and continued to threaten critical infrastructures, power outages, etc.

On March 24, 2023, the Alameda County Director of Emergency Services proclaimed a state of emergency due to conditions of continuing peril that have been presented by winter storms that resumed on February 23, 2023, continuing through March 2023, causing extensive damage and local expenses throughout the County.

On February 27, April 24, June 12, July 24, and September 11, October 23, and December 11, 2023, and on January 22, March 11, and April 15, 2024, and June 10, 2024 the City Council adopted resolutions of continued local emergency (Resolution Nos. 2023-026, and 2023-072, and 2023-111, and 2023-150, and 2023-159, and 2023-187, and 2023-223, and 2024-012, and 2024-031, and 2024-053, and 2024-091 respectively).

Staff recommends that the City Council continue the emergency proclamation to reflect the fact that emergency repairs have not been fully implemented and on-going work is required to recover from the damage. Continuing the emergency proclamation allows staff to seek reimbursement of the eligible costs of this work from federal and state agencies through the public assistance program.

Work includes removing sediment and debris from creeks and trails, repairing creek banks that have been washed away, repairing damaged trails, and pedestrian bridge abutments. Staff estimates about 30 damaged sites totaling approximately $9,000,000.

FISCAL AND ADMINISTRATIVE IMPACTS
The continuance of a Local Emergency allows the City to access federal, state and county resources, including potential financial reimbursements.

COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
1: Oversee the City's emergency preparedness, management, and response efforts

ATTACHMENTS

1. Resolution
Prepared by: Herbert Cole
Management Analyst
759
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
760
RESOLUTION NO. _______

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF CONTINUED LOCAL EMERGENCY
(Severe Storm Events – December 2022 through March 2023) 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). The emergency services proclamation concerns conditions of extreme peril to the safety of persons and property which have arisen within the City of Livermore caused by a series of severe rainstorms and high winds commencing in December 2022, and continuing through January 2023. On February 27, 2023, the City Council adopted a resolution of continued local emergency (Resolution No. 2023-026).

On March 1, 2023, California Governor, Gavin Newsom, proclaimed a state of emergency due to the severe winter storms that struck in late February as the result of an atmospheric river system forecast to continue through mid-March. The Governor issued his proclamation in response to a series of atmospheric river systems that impacted the State since late December 2022, that forced closures and damaged highways and roads, and caused other impacts that local agencies did not have time to mitigate, and that the continuing storms were expected to exacerbate those conditions.

The Governor adopted a subsequent proclamation on March 28, 2023, to apply his March 1st proclamation to Alameda County. The Governor's proclamation directed the California Office of Emergency Services to provide assistance to local governments for the protection of public health and the environment, allowed for the mobilization of the California National Guard, allowed for state-owned properties to be made available for staging debris, and modified the hours-of-service limits in the California Vehicle Code and California Code of Regulations for fuel transportation and relief efforts.

Given the declaration of emergency by the State of California and Alameda County, as well as the existing damage and impacts from the prior storms, and in anticipation of additional storms and wind, the need for continued debris removal, emergency response protective measures, and permanent repairs, continue to present conditions that are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Livermore.

Although efforts have been made to remedy the emergency conditions, City staff report that the emergency conditions identified by the proclamation still exist. City staff recommends continuing the declaration of emergency since it is required to be active in 761
RESOLUTION NO. _______
order to remain eligible to apply for and receive funding for costs to respond to and repair damages caused by the storm events.

Once a proclamation of local emergency is adopted, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it has reviewed the January 4, 2023 proclamation of local emergency that the City Council ratified on January 10, 2023 (Resolution No. 2023-001) and continued on February 27, 2023 (Resolution No. 2023-026) and on April 24, 2023 (Resolution No. 2023-072), and on June 12, 2023 (Resolution No. 2023-111), and on July 24, 2023 (Resolution No. 2023-150), and on September 11, 2023 (Resolution No. 2023-159), and on October 23, 2023 (Resolution 2023-187), and on December 11, 2023 (Resolution No. 2023-223), and on January 22, 2024 (Resolution 2024-012), and on March 11, 2024 (Resolution 2024-031) and on April 15, 2024 (Resolution 2024-053), and on June 10, 2024 (Resolution 2024-091) as well as the subsequent proclamations of emergency in March 2023 by both the State of California and the County of Alameda due to the continuing systems of storms affecting the State and local areas, and hereby finds that conditions warrant continued maintenance of that proclamation of local emergency.

On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on July 22, 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
762
CITY COUNCIL STAFF REPORT ITEM NO. 5.22
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: THIS ITEM WAS CONTINUED FROM THE JULY 8, 2024 CITY COUNCIL MEETING.

Resolution accepting the recommendation of the Altamont Landfill Open Space Committee to authorize the City's grant request, finding the acquisition of the Hartford Hills Property is categorically exempt from CEQA, authorizing the City Manager to enter into a Purchase and Sale Agreements for open space land, and appropriating funds from the Dougherty Valley Settlement Agreement account. Location: Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3-2).

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 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 acquisition is 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 a Purchase and Sale Agreement and execute all documents necessary to acquire the Hartford Hills Property (82 acres – APNs: 902-9-3-1, 902-9-3- 2); 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).

SUMMARY
The City is proposing to purchase in fee title the 82-acre Hartford Hills Property for purposes of open space preservation and conservation. The property has significant biological, scenic and recreational value. The property is outside of the City limits and outside the North Livermore Urban Growth Boundary 763
in unincorporated Alameda County. The total acquisition cost including transaction costs is $1,960,000.

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 following three properties for open space and conservation purposes. • 82-acre Hartford Hills property
• 32-acre Altamont Hills Property
• 125.5-acre Greenville Road Property
Staff has negotiated purchase and sale agreements with two out of the three properties. The City Council approved the Greenville Road Property acquisition at the July 8, 2024, City Council meeting. The Hartford Hills acquisition was continued to the July 22, 2024, City Council meeting. The City Council continued the item to allow Citizens for Balanced Growth (CBG) one more week with a deadline of July 12 to meet and confer with City staff, as required by the Dougherty Valley Settlement Agreement.

City staff has requested meetings with CBG numerous times since December 2023, but CBG has continually declined to meet but has requested information from the City. City staff provided all the information that it could that was available to the public. City staff sent a final request letter on April 9 (Attachment 5) offering CBG a final deadline to meet before moving the property acquisition forward to Planning Commission (for a Consistency Determination) and City Council. CBG declined to meet City staff by this deadline.

After the City Council meeting on July 8, staff did send out an e-mail to CBG on Tuesday, July 9 to request a meeting. CBG responded on July 9, that they could not meet this week and requested more information, but said they are as committed as ever to scheduling the required consult. Staff provided responses to CBG's information requests in a July 11 email and offered to meet with CGB on July 12.

CGB did not take the opportunity to meet with staff on July 12.

On March 15, 2024, the Altamont Landfill Open Space Committee approved the City of Livermore's sponsored grant applications for the Hartford Hills Property and the Greenville Road Property including a third grant request for the Altamont Hills Property (32-acres - APN: 99B-5680-4).

On April 16, 2024, 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 for the Hartford 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
764

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
• 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. The City Council approved the Greenville Road Property acquisition at the July 8, 2024, meeting and continued the Hartford Hills Property acquisition to the July 22, 2024, meeting.
• 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) - Property Acquisition approved by the City Council on 7/8/2024.

Funding for the Hartford Hills acquisition would come from the Altamont Landfill Settlement Agreement Open Space Fund, Vasco Road Landfill Open Space Fund, and the Dougherty Valley Settlement Agreement Fund.

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 765
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 (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 the 82-acre Hartford Hills Property for open space preservation and conservation. The property has significant biological, scenic and recreational value.

The property is outside of the City limits and outside the North Livermore Urban Growth Boundary in unincorporated Alameda County (see attachments 2 and 3). The total cost to purchase including transaction costs is $1,960,000.
766

STAFF ANALYSIS
The Hartford Hills Property is located in unincorporated Alameda County and outside of the North Livermore Urban Growth Boundary. The property is strategically located to preserve the open space buffers around Livermore and satisfy the City’s General Plan and Active Transportation Plan objectives.

The property has a City General Plan Land Use designation of Large Parcel Agriculture (LPA) and Alameda County zoning designation of Agriculture (A).

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 property as permanently preserved open space. Staff proposes that the City acquire the property in fee title.

Preserving the subject property as open space in perpetuity would reinforce the Urban Growth Boundary, permanently preclude suburban expansion, and preserve natural lands in these areas. Acquiring the property 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 a purchase agreement with the property owner. On April 16, 2024, the Planning Commission adopted resolutions finding the property acquisition 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 property.

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 (Property Acquisition approved by the City Council on 7/8/2024)
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. 767
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:
“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-andconfer 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 2023 and January, February, and March of 2024. City staff made a final request to meet-andconfer by April 24, 2024 (see attachment 5). Despite these repeated requests to meet-and-confer, CBG has not met with City staff. At the July 8, 2024, City Council meeting, CBG was given an additional week to meet-and-confer with staff by July 12, 2024. CBG has declined to meet with staff as described above in the Summary section. Based on the response from CBG, and consistent with the Dougherty Agreement, staff may conclude 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 - $1,960,000).

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.
768
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 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.

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 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 (Exhibit A to the Purchase Agreement Resolution and the Planning Commission meeting minutes (Attachment 4).

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 Hartford Hills Property acquisition is 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 769
sources used in the acquisitions:
• The Altamont Landfill Settlement Open Space Fund for East Acquisition Priority Area expenditures would be reduced by $980,000 which would be used to acquire the Hartford Hills Property. These expenditures would reduce the fund from its current balance of approximately $20,332,000 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.

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.

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, City staff will work with its open space consultants and land conservancy partners (e.g. Tri-Valley Conservancy) to establish permanent conservation easements and restore and enhance habitat on these properties through the sale of mitigation credits. The sale of mitigation credits 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
770

4. Planning Commission Meeting Minutes

5. Letter to Citizens for Balanced Growth

6. Resolution - Hartford Hills Concurrence of Funds

7. Resolution - CEQA Hartford Hills Property

8. Resolution - Hartford Hills Authorizing City Manager

9. Exhibit A - Planning Commission Resolution

10. Exhibit B - Hartford Hills Purchase and Sale Agreement

11. Resolution - Hartford Hills Acquisition Funding
Prepared by: Kam Purewal
Associate Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
771
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
772
ATTACHMENT 1
2 Table 2 – Hartford Hills Property ALOSC Grant Request 773
Proposed Property Acquisitions
2 1

1. Hartford Hills Property

2. Greenville Road Property
ATTACHMENT 2
*Not exact property lines.
(see location maps for each
property)
*Greenville Road
Property Acquisition
approved by the City
Council on 7/8/2024.
774
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. 16,000 Livermore IT, GIS Services 2,666.7
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 1,333.33 Feet 0 2,666.7
4/3/2024 10:19:19
AM
Prepared:

Notes:

Scale:

ATTACHMENT 3
Hartford Hills Property
1 2
775
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
776

PLANNING COMMISSION
APRIL 16, 2024
________________________________________________________________

REGULAR MEETING

1. CALL 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.

ROLL CALL – Present: Chairperson Jacob Anderson, Vice-Chairperson Yolanda Fintschenko, Commissioner Steven Dunbar, Commissioner Daniel Leary, Commissioner Tracy Kronzak.

PLEDGE OF ALLEGIANCE

3. OPEN FORUM – NONE.

4. CONSENT CALENDAR

4.1 Approval of the March 5, 2024 Planning Commission Draft Meeting Minutes.

Recommendation:

Staff recommends the Planning Commission approve the draft minutes.

ON THE MOTION OF COMMISSIONER DUNBAR, SECONDED BY
COMMISIONER FINTSCHENKO AND CARRIED ON A 5-0 VOTE, THE
PLANNING COMMISSION APPROVED THE CONSENT CALENDAR.

5. PUBLIC HEARINGS – NONE.

6. MATTERS FOR CONSIDERATION – NONE

6.1 Consideration of General Plan Consistency Determinations for the acquisition of three properties for open space and conservation purposes.

Recommendation:

Staff recommends the Planning Commission adopt three separate resolutions approving Consistency Determination (CD) 24-001, Consistency Determination (CD) 24-002, and Consistency Determination ATTACHMENT 4
777
(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 nonmotorized 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 pointed out benefits of the parcels including providing a permanent buffer to urban sprawl, preserving 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 stormwater and flood control issues in alignment with the City’s Climate ATTACHMENT 4
778
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; purchasing 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 supported acquisition of parcels; and the relationship 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 General Plan but they would likely comply with the updated General Plan. He stated the acquisition would also fulfill the requirements of the Conservation and Open 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 06-24 approving Consistency Determination (CD) 24-001 for the acquisition of approximately 82 acres (Hartford Hills 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: 99b5685-12)

7. MATTERS INITIATED BY PLANNING COMMISSION AND STAFF
Commissioner Dunbar expressed concern with bicycle safety.

ATTACHMENT 4
779
The Commissioners commended Senior Assistant City Attorney Kim Cilley and wished her well in future endeavors.

Senior Assistant City Attorney Kim Cilley stated no appeal was filed in the Forum Mobility decision.

8. ADJOURNMENT – 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 4
780
ATTACHMENT 5
781
ATTACHMENT 5
782
ATTACHMENT 5
783
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).
784
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 22, 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
785
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 City of Livermore (“City”) 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 22, 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 RESOLVED bythe 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. 786
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. 787
RESOLUTION NO.

On motion of Council Member ________________, seconded by Council Member _________________, the foregoing resolution was passed and adopted on July 22, 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
788
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 City of Livermore (“City”) 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‘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.

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.

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.
789
RESOLUTION NO. ________
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 (CEQA) 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.

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). 790
RESOLUTION NO. ________
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 22, 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
791

EXHIBIT A
792

EXHIBIT A
793

EXHIBIT A
794

PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
This Purchase 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 Estates, Ltd., 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 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 (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 (“Purchase 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 five (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

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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 Escrow.

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 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.

4.3. Seller shall 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 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 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 terms 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. 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.

6. Possession. Possession of the Property shall be delivered to Buyer on Close of Escrow in its “asis” 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 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, 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.

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 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. 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, 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; 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 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. 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, 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 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 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.

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.

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.

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, DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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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: City 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: Hartford Hills Estates, Ltd.

Attn:Richard H. Kulka
2821 Darnby Drive
Oakland, CA 94611
Service 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
DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

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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 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 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. This 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. 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. Itshall 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.

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 Buyer’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 NonMaterial 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.

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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:

Hartford 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 Officer
Attachments:

Exhibit A - Legal Description
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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

EXHIBIT B
806

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
DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

EXHIBIT B
807
DocuSign Envelope ID: 3B8478E7-7174-4D45-8DE7-C53869ECBF54

EXHIBIT B
808
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. At the July 8, 2024, City Council meeting, CBG was given an additional week to meet-and-confer with staff by July 12, 2024. CBG has declined to meet with staff within this deadline. Based on the response from CBG and consistent with the Agreement, staff may conclude 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 City 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.
809
RESOLUTION NO. ________
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, hereby:

1. 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 22, 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
810
CITY COUNCIL STAFF REPORT ITEM NO. 5.23
DATE: July 22, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing an agreement with Attitude Aviation Inc. for the use of airport property for equipment, materials, and vehicle storage, for a term up to five years and a Base Rental Rate of $21,582 per year.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to sign an agreement with Attitude Aviation Inc. for the use of airport property for equipment, materials, and vehicle storage, for a term up to five years and a Base Rental Rate of $21,582 per year.

SUMMARY
Attitude Aviation has requested the City enter into a License Agreement for the use of airport property on a month-to-month basis for the storage of construction equipment, materials, and associated vehicles.

Staff recommends the City Council adopt a Resolution approving a License Agreement with Attitude Aviation Inc, d.b.a Gradetech, Inc (Attitude Aviation) for the use of airport property for equipment, materials, and vehicle storage authorizing the City Manager to sign.

DISCUSSION
Attitude Aviation is a fixed base operator on the airport who also does business as Gradetech Inc, a general construction company. Attitude Aviation has requested the use of airport property under a License Agreement for the purpose of storing construction equipment, materials, and associated vehicles. The use of the property is non- aeronautical in an aeronautical zoned area; however, the Federal Aviation Administration (FAA) allows this type of use provided the property is leased at fair market value and is month-to-month. This License Agreement is month-to-month and assessed at fair market value based on other like uses at the Airport per FAA regulation.

As a part of this agreement, Attitude Aviation will be making improvements to the fence and gated areas.

Staff recommends the City Council adopt a resolution approving a License Agreement with Attitude 811
Aviation Inc, d.b.a Gradetech, Inc (Attitude Aviation) for the use of airport property for equipment, materials, and vehicle storage authorizing the City Manager to sign.

FISCAL IMPACTS
After the initial term of the agreement in exchange for onsite improvements, the City will realize an increase in Airport revenue by $21,582 per year.

COMMUNITY PILLAR
5: A City that Works
GOAL
14: Develop, operate, and maintain the City's infrastructure

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement
Prepared by: Benedict Stuth
Acting Airport Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
812
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH ATTITUDE AVIATION, INC. FOR THE USE OF PROPERTY AT THE

LIVERMORE MUNICIPAL AIRPORT FOR A TERM UP TO FIVE YEARS AND A BASE RENTAL RATE OF $21,582 PER YEAR
The City of Livermore wishes to enter into a license agreement for the use of airport property known and referred to as “the Boneyard” to store construction equipment, materials, and vehicles at the Livermore Municipal Airport with Attitude Aviation, Inc./Grade Tech, Inc.

The license agreement is a month-to-month agreement, can be terminated in thirty (30) days, and is set at fair market value per Federal Aviation Administration (FAA) requirements under FAA Grant Assurance obligations of which the City of Livermore is encumbered by.

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

1. Approves the License Agreement for the use of a portion of property at the Livermore Municipal Airport known as the “Boneyard” for the purposes of storing construction equipment, materials, and vehicles with Attitude Aviation, Inc., dba Gradetech, Inc.

2. Authorizes the City Manager to execute the License Agreement, attached hereto as Exhibit A, on behalf of the City of Livermore.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 22, 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 – License Agreement with Attitude Aviation, Inc./Gradetech, Inc 813
License Agreement 1

LICENSE AGREEMENT
with
Attitude Aviation, Inc
THIS REVOCABLE LICENSE AGREEMENT, effective this _________ day of_____________, 2024 is entered into by and between the City of Livermore, a municipal corporation (“City”) and Attitude Aviation, Inc., a California corporation (“Licensee”).

RECITALS
A. The City is the owner of property located on West Jack London Blvd identified as being a portion of Parcel B of Parcel Map 3750 recorded February 10, 1982, in book 131 of maps pages 86 & 87 under Record Series 82-020636, APN 904-0012-001- 00, as further depicted in Exhibit A (“Property”)
B. Licensee desires to store paving and grading equipment in addition to construction materials on the Property described above. Licensee acknowledges the described parcel above is identified for aeronautical use and proposed use will be for nonaeronautical purposes. This agreement is made on a month-to-month basis, not to exceed a period of five years. Further, this agreement is for the licensing of a portion of the area referred to as the “Bone Yard” (“License Area”) as depicted in Exhibit A.

C. Licensee acknowledges that it represents both Attitude Aviation Inc and Gradetech, Inc both California Corporations and that principally the area qualified under this agreement will be solely utilized by Gradetech, Inc and its employees and that insurance coverages as required under this agreement will cover the operations of Gradetech, Inc.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree that the aforementioned recitals are true and correct and incorporated herein, and further agree as follows:
1) Description of Licensed Premises
The City agrees to make available to Licensee the License Area as indicated on the attached Exhibit B, located on West Jack London Blvd with the Property in Livermore, California (“Premises”), approximately 51,386 square feet used for vehicle and construction equipment parking and storage, including materials storage limited to general construction materials as noted in Section 2. Additionally, the licensee agrees to erect additional fencing and gate as outlined in Exhibit F, the License Agreement Fencing Plan.

DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
814
License Agreement 2
2) Use of the Licensed Premises
The Licensee agrees to use the Premises for the purpose of storing vehicle paving and grading equipment necessary for, and in support of Licensee’s business operations. Additionally, the Licensee may use the premises for storage of construction materials limited to sand, gravel, base materials, wood, or any other construction material provided materials do not contain oils, adhesives, solvents, paint, or any other material deemed as hazardous that have the potential ability to leech into the soil or in amounts which can reasonably block access and or use to any portion of the site. The Airport, City, or their designated representative may cause, direct, or notify any materials on and or in the soil within the premises they deem as hazardous or in violation of a licensed use at their discretion to be removed and at the sole cost of the Licensee. Directives or notifications to remove materials by the Airport, City, or their designated representative shall be completed within 48 hours of notification by mail or email. If, after this period, materials have not been removed, the Licensee will incur fees in the amount of $250.00 per day in liquidated damages until the removal of said materials is completed. The Airport, at its discretion, may cause to have the materials removed by a third party, the cost of which will be fully borne by the licensee in addition to the daily liquidated damages until the materials are removed. Failure to comply with any such directive will result in a default of this lease as noted in Section 12. Licensee shall not use Premises for storage of personal vehicles. Licensee shall construct and maintain, fencing and a gate to the licensed Premise as shown in Exhibit B. Access to the site will solely be from Jack London Blvd, as shown on Exhibit A Licensee will immediately notify and obtain the written consent of City for any proposed changes to the scope of use of the Premises.
a. Licensee shall comply with all federal, state and local laws, requirements and policies now or hereafter in effect relating to hazardous materials and environmental conditions concerning the use of the property including, but not limited to, soil and groundwater conditions and shall not contaminate the Airport or the subsurface with any hazardous material.
b. Licensee shall prevent petroleum products and other deleterious waste from entering into the sewage and storm water drainage system serving the Airport. Licensee agrees to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) of the Federal Clean Water Control Act regarding permits for stormwater discharges. Licensee is responsible for ensuring full compliance with the California and federal stormwater laws and regulations.
c. Upon vacating the premises at the end of this agreement, or any extensions thereof, the Licensee is required to return the site to its original condition including, but not limited to cleanup or removal of any hazardous material or site improvements, both above and below ground. Acceptance of the premises back will be based on City inspections and concurrence. d. City retains the right to inspect, at its sole discretion, the site to ensure all requirements for storing any hazardous materials, storm water requirements, and potential points of contaminants or hazardous conditions are being maintained to the city’s satisfaction. Any and all determinations made by the DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
815
License Agreement 3
City as a result of these inspections will be required by the Licensee to remediate at the City’s discretion and the Licensees cost. 3) Effective Date of License Agreement, Rental Amount, and Term This License Agreement shall begin on the effective date written above or on the date of the last signature of this agreement, whichever is sooner. Licensee expressly waives all interest in and any claim for relocation assistance when and if City requires the Premises.

The premises, as depicted in Exhibits A and B, shall have a base rental consideration as follows:

Base Rental Rate: $21,582.00 per year ($0.42/sqft/year) The licensee may offset rent in the first eighteen months of this agreement, and no subsequent months, an amount equal to the installation cost of fencing and gates divided equally over the initial eighteen month period. The costs must be part of an official quote or estimate provided by a contractor currently licensed in the State of California and listed in the Department of Industrial Relations database, with appropriate insurance requirements as stipulated by the City prior to erection of the fence; and,
In no event will the offset result in payment back to the Licensee from the airport should the cost outlined in the quote or estimate be greater than what is owed in rental consideration during the first eighteen months of this agreement. Additionally, any offset amount greater than the initial base rent in the first eighteen months of this agreement will not result in a credit towards subsequent months as an offset.

On July 1st, following the initial twelve months of the license agreement, and every July 1st thereafter, the rental rates will be subject to an annual adjustment based on the San Francisco Bay Area Consumer Price Index, February to February of the current year. Licensee shall be responsible for and pay the costs of all direct and incidental costs associated with the use of the space.

The term of this agreement is on a month-to-month basis.

Because rent is being offset in exchange for installation of fencing and gating for the subject property, the fencing/gating, as installed, will become the property of the airport in full following the initial eighteen months of this agreement. Any attempt to remove fencing from the outset, or at any time throughout the life of this agreement, is strictly prohibited without prior permission of the airport manager.

DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
816
License Agreement 4
4) Notices
Communication and details concerning this Agreement shall be directed to the following Agreement representatives:

City: Airport Manager
City of Livermore
1052 S. Livermore Avenue
Livermore, CA 94550
Licensee: Mr. Sam Rivinius, President
Attitude Aviation, Inc.
299 West Jack London Blvd.

Livermore, CA 94551
Mr. Sam Rivinius, President
Gradetech, Inc
299 W. Jack London Blvd.

Livermore, CA 94551
5) Insurance Requirements for Licensees
For the duration of this License, Licensee shall procure and maintain, at its own cost, insurance in the amounts and under the terms set forth in the attached Exhibit C against claims for injuries to persons or damages to property which may arise from or in connection with the Premises, any improvements and/or the use of the Premises by the Licensee, its agents, representatives, or employees. Gradetech will maintain and provide evidence of auto liability and workers compensation insurance, while Attitude Aviation will provide general liability insurance. Licensee agrees to comply with any changes in the amounts and terms of such insurance as may be required from time to time by the City’s Risk Manager, upon reasonable written notice.
6) Indemnity
Licensee agrees to and shall defend, indemnify, protect and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, damage, injury, accident, casualty, liability, claim, cost or expense (including, but not limited to, reasonable attorneys' fees) of any kind or character to any person or property arising from or related to any act or omission of Licensee, its employees, agents or contractors, the Licensee’s use of the Premises, the Licensee’s installation and maintenance of improvements on the Premises, or as a result of this License. City shall not be responsible for any loss or theft of any property on the Premises. To the greatest extent permitted by law, Licensee waives all claims or demands against City for any loss, damage or injury to Licensee or Licensee's property in connection with this License or the operation or use of the Licensee’s property by Licensee or its agents, servants, contractors or employees and agrees to so indemnify and hold City harmless.

DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
817
License Agreement 5
7) Maintenance Responsibility and Modification of Premises Licensee agrees that any special power or other equipment hookups are subject to City approval prior to installation. Specialized cleaning or disposal needs based upon the Licensee’s use of the space shall be paid by the Licensee. Licensee shall maintain the Premises in a safe and clean manner for the duration of the License.

The Licensee expressly waives the right to make repairs at the expense of the City.

Maintenance and repair of the site is the sole responsibility of the Licensee and the site is accepted by the licensee in as-is condition.

Additionally, the Licensee shall be responsible for any and all repairs or maintenance to the licensed and any adjacent premises, facility, or infrastructure caused by negligent, careless, or willful acts of the Licensee, its employees, equipment, or visitors.

The premises may be modified by the licensee provided any such modifications are requested by the licensee of the City in writing. Any and all documentation or permitting required to accommodate modifications are at the sole determination of the City, shall be provided to the City, and deemed satisfactory by the City in writing or issuance of any permit and attached to this agreement prior to any modification(s) taking place. Modifications to the premises may or may not require amendment to this agreement. Any determination of an amendment under this section shall be at the sole discretion of the City.
8) Terms Binding on Successors
All the terms, covenants, and conditions of this License shall inure to the benefits of and be binding upon successors and assigns of the parties hereto. The Licensee shall not assign, sublease, or transfer any of the rights, licenses, and privileges herein contained in this License without the written consent of the City. 9) Grant Agreement Covenants and Federal Provisions
Licensee, its heirs, personal representatives, successors-in-interest, and assigns, as a part of the consideration hereof, shall operate under the following conditions:
a. This license shall be subordinate and subject to the Grant Lease, dated June 14, 1965, and the Amendment thereto, dated July 26, 1965, by and between the United States of America, Federal Aviation Administration, and City, and subsequent grants and leases.
b. Licensee acknowledges that the City is subject to Federal Grant Agreement obligations as a condition precedent to both the granting of funds for improvement of the Livermore Municipal Airport and ensuring compliance with FAA rules, regulations and procedures; and accordingly agrees to, and agrees to be bound by, the Airport Sponsor Assurances provided by the Federal Aviation Administration. Licensee shall DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
818
License Agreement 6
comply with the most recent Airport Sponsor Assurances attached as Exhibit D to this License and which may be amended from time to time and incorporated by reference.

To the extent any provision of this Agreement conflicts with any requirement of the Airport Sponsor Assurances, the Airport Sponsor Assurances shall control.

In the event a conflict between this section 9(b) and any other within this agreement arises, those sections will be considered invalid and no longer in force or effect. In the event the invalidation of any section also substantially invalidates this agreement (at the interpretation of the City, which may be validated by the FAA upon request), the agreement must be amended to cure the conflict. If the licensee cannot come to agreement with any such amendment, the agreement in its entirety will be terminated with the licensed premises immediately being surrendered back to the City and all mitigations required upon vacation of the premises will take effect to the satisfaction of the City.
c. Licensee shall comply with all required Federal Contract Provisions attached hereto as Exhibit E.

Licensee’s non-compliance with any provisions under this section shall constitute a material breach and subject to points (1) and (2) below. Additionally, in the event of a breach of any of the nondiscrimination covenants, (49 CFR Part 21) the City or the United States shall have the right to:
(1) terminate this License; or
(2) seek judicial enforcement of said covenants.
11) Right to Amend due to FAA.

In the event that the Federal Aviation Administration (“FAA”) or City finds that any provision of this License violates the Airport Sponsor Assurances, which would require modifications or changes in this License as a condition precedent to the granting of funds for the improvement of the Airport or lands and improvements, or any component related to Airport compliance with federal rules, regulations, or assurances, Licensee agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions or requirements of this License as may be required to obtain such funds or ensure compliance. 12) Termination
A. Termination at Will: This License may be terminated by either party, for any reason, with one (1) month written notice.

B. Termination for Cause: The City may immediately terminate this License for cause by providing written notice to Licensee following:
i. City’s discovery that the Premises is being used in violation of Section 2, above; or,
ii. City’s discovery of any condition on the Premises which endangers the public’s health, safety and welfare; and
DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
819
License Agreement 7
iii. Licensee’s fails to cure, remedy, or otherwise correct the condition within 48 hours’ notice of default by City.
13) Right and Remedies
The City shall have all rights and remedies available under California law including, but not limited to, actions for damages and specific performance, for any breach of Licensee's obligations hereunder.
14) Lien Free Condition
Licensee shall not cause or permit any liens to be placed against the Premises or against Licensor's other property as a result of Licensee's exercise of rights under this License Agreement. In the event of the filing of any such liens, Licensee shall promptly cause such liens to be removed.
15) Alteration in Writing
This License Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this License. No alteration or variation of this License Agreement shall be valid unless made in writing and signed by both City and Licensee. 16) Entire Agreement
This License Agreement, including any attachments hereto, constitutes the entire agreement of the parties relating to the subject matter of this License Agreement and correctly sets forth the rights, duties and obligations of each party to the other. 17) Attachments and Exhibits
All attachments/exhibits referred to in and attached to this License Agreement are incorporated by reference as though set forth in full.
**Signatures on Next Page**
DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
820
License Agreement 8
IN WITNESS WHEREOF, the parties have executed this License Agreement the day and year first above written.

CITY OF LIVERMORE ATTITUDE AVIATION, INC.

By: ___________________________ By: ___________________________ Marianna Marysheva Sam Rivinius
City Manager Attitude Aviation, President
Gradetech, President
Date: __________________________ Date: _________________________ APPROVED AS TO FORM:

Assistant/City Attorney
Exhibits:

Exhibit A – Property Map
Exhibit B – License Map
Exhibit C – Insurance Requirements
Exhibit D – Federal Aviation Administration Grant Assurances Exhibit E – Federal Contract Provisions
Exhibit F – License Agreement Fencing Plan
DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9 5/23/2024 | 2:47 PM CDT

EXHIBIT A
821
Boneyard Aerial Site Plan
Information Technologies, GIS Division, City of Livermore 472.9
NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 236.47 472.9 Feet Notes
6000)
00)
00)
NORTH Legend Bone Yard Boundary License Area Boundary Property Boundary W JACK LONDON BLVD ISABEL AVE DISCOVERY DR

W JACK LONDON BLVD

BONE YARD
City of Livermore,
APN: 904-0002-006-00
City of Livermore,
APN: 904-0003-001-02
City of Livermore,
APN: 904-0005-002-10
WATER

RECLAMATION
PLANT
Property:

Parcel B of Parcel Map 3750 recorded
February 10, 1982 in book 131 of maps
pages 86 & 87 Record Series 82-020636

33.44 Acres
APN: 904-0012-001-00
Parcel A of Parcel Map 3750 recorded February 10, 1982 in book 131 of maps pages 86 & 87 Record Series 82-020636
APN: 904-0004-006-00 EXHIBIT A - PROPERTY
80'-0" 355'-0"
License Area
Access Route
License Area
See Exhibit B
DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
822
Enlarged Aerial Site Plan
Information Technologies, GIS Division, City of Livermore 118.2
NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 59.12 118.2 Feet Notes
NORTH Bone Yard Boundary License Area Boundary Legend
WATER

RECLAMATION
PLANT

BONE YARD
EXHIBIT B - LICENSE AREA 262'-0"
55'-0" 80'-0"86'-0"
216'-0"
Property Line
188'-0"
License Area
Approximately 51,386 S.F. 179'-0"
DocuSign Envelope ID: 1CF63831-F5E3-47E6-A13D-206394BA3DD9

EXHIBIT A
823

EXHIBIT C

INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Licensee/Lessee shall maintain limits no less than:

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

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

3. Workers’ Compensation and Employer's Liability:

4. Property Insurance:

Total value of all tenant improvements, betterments, and contents.

The City of Livermore shall be named as loss payee as its interest may appear. The insurer shall waive all rights against City.

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

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

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

Page 1 ends

Livermore City CouncilJuly 22, 2024

Livermore City Council
July 22, 2024