CITY COUNCIL
AGENDA
MONDAY, NOVEMBER 25, 2024
REGULAR MEETING – 7:00 PM
CLOSED SESSION 6:30 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBERS
1016 S. LIVERMORE AVENUE
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia
TV29:
Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Robert W Carling, Vice Mayor
Ben Barrientos, Council Member
Evan Branning, Council Member
Brittni Kiick, Council Member
Livermore City Council Agenda November 25, 2024
1 1. CLOSED SESSION - 6:30 PM
Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session my be continued to the end of the Regular Meeting.
1.1 Anticipated Litigation – To meet with the City Attorney pursuant to Government Code section 54956.9(e) because there is significant exposure to litigation against the City based on existing facts and circumstances. (One Case)
§ 54956.9(e)(2) – Facts and circumstances including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs.
1.2 Conference with Real Property Negotiator. To meet with Paul Spence Assistant City Manager and Andy Ross Economic Development Manager, the City’s negotiators pursuant to Government Code section 54956.8, regarding the sale and purchase of real property at Assessor’s Parcel No. 99B-5300-2-13. The City's negotiators may negotiate with Stephen Wawryk and Danielle Davenport on behalf of Western Title Insurance Company. The instructions will concern price and terms of payment, acquisition, and maintenance.
2. CALL TO ORDER
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Beautification Committee annual update presented by Chair Karen Jefferson.
Recommendation:
Staff recommends City Council accept the Beautification Committee annual update.
Staff Report
3.2 Presentation of the 2024 Beautification Awards.
Recommendation:
Staff recommends City Council accept the Beautification Committee Awards presentation.
ROLL CALL
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Brittni Kiick
Vice Mayor Robert W. Carling
Mayor John Marchand
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
Livermore City Council Agenda November 25, 2024
2 Staff Report
4. OPEN FORUM
In conformance with the Brown Act, no City Council action can occur on items presented during Open Forum.
To provide public comment in person, please submit a speaker card. When your name is called, walk to the lectern to address City Council.
Comments are limited to a maximum of 3 minutes per person, per item. The Mayor may reduce the amount of time based on the number of persons wishing to speak.
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Open Forum will conclude after 30 minutes; however, if there are additional speakers, Open Forum will reconvene before the meeting adjourns.
5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar. The one comment limit applies regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
5.1 Approval of draft minutes - October 28, 2024 Regular Meeting Recommendation:
Staff recommends the City Council approve the draft minutes.
Staff Report
Attachments:
1. DRAFT 2024-10-28
5.2 Introduce an omnibus ordinance and waive the first reading making administrative, technical, and other non-substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code
Recommendation:
Staff recommends the City Council introduce an omnibus ordinance and waive the first reading amending various sections of the Livermore Municipal Code and Livermore Development Code to make administrative, technical, and other non-substantive amendments.
Staff Report
Attachments:
Livermore City Council Agenda November 25, 2024
3 1. Omnibus Ordinance
5.3 Resolution authorizing the execution of an agreement with Siemens Industry, Inc. to monitor the fire alarm and burglar alarm systems and inspect, test, and repair the fire alarm and sprinkler systems in multiple city buildings in an amount not-to-exceed $550,000 for a twoyear term ending December 31, 2026.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Siemens Industry, Inc. to monitor the fire alarm and burglar alarm systems and inspect, test, and repair the fire alarm and sprinkler systems in multiple city buildings in an amount notto-exceed $550,000 for a two-year term ending December 31, 2026.
Staff Report
Attachments:
1. Cooperative Purchasing Contract
2. Resolution
3. Exhibit A - Agreement
5.4 Resolution accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8358 located at Chestnut Street and North N Street for the construction of 44 townhomes by Taylor Morrison of California, LLC for permanent maintenance and authorizing release of security, and accepting offer of dedication for public utility and emergency vehicle access easement.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Accepting Tract Map 8358 public improvements for permanent maintenance;
2. Accepting, on behalf of the public, all real property offered for dedication within Tract 8358, including Public Utility Easement (PUE), and Emergency Vehicle Access Easement (EVAE); and
3. Authorizing release of security provided for construction of the public improvements.
Staff Report
Attachments:
1. Vicinity Map
2. Resolution
5.5 Resolution authorizing execution of a second amendment to the agreement with Cannon Corporation for additional commissioning support during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019-31, increasing the not-to-exceed contract amount from $231,026 to $324,171, with a term ending December 31, 2027.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Authorizing the City Manager to execute a second amendment to the agreement with Cannon Corporation increasing the not-to-exceed contract amount from $231,026 to $324,171 for additional commissioning support services during construction of the WRP Livermore City Council Agenda November 25, 2024
4 Primary and Secondary Treatment Improvements, Project No. 2019-31; and
2. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed amendment.
Staff Report
Attachments:
1. Site Plan
2. Resolution
3. Exhibit A - Second Amendment to Agreement with Cannon Corporation
5.6 Resolution authorizing receipt of funds in the amount of $82,179 from the California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant program, authorizing the execution of a Memorandum of Understanding, and the appropriation of the $82,179 grant award.
Recommendation:
Staff recommends the City Council adopt a resolution:
1. Authorizing acceptance of funds, in the amount of $82,179, for a California Department of Justice, Office of Attorney General, Tobacco Law Enforcement grant as follows: FY 2024-25 = $26,327, FY 2025-26 = $27,379, and FY 2026-27 = $28,473;
2. Authorizing the City Manager to execute the grant agreement; and
3. Approving a supplemental appropriation of $26,327 in the Police Department's budget for FY 2024-25 to support the execution of year one of the grant.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Department of Justice, Office of Attorney General MOU
5.7 Resolution authorizing the execution of Project and Program Grant Agreements with Las Positas College Foundation, Livermore Art Association, and Livermore Valley Performing Arts Center dba Livermore Valley Arts, consistent with the City's Public Art Policy.
Recommendation:
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:
Las Positas College Foundation in the amount of $10,000 for 2025 LPC Literary Arts Festival
Livermore Arts Association in the amount of $5,800 for 2025 Spring Arts Program Livermore Valley Performing Arts Center dba Livermore Valley Arts in the amount of $10,000 for four events in the Cultural Celebration Series Staff Report
Attachments:
1. Resolution
2. Exhibit A - Las Positas College Foundation
Livermore City Council Agenda November 25, 2024
5 3. Exhibit B - Livermore Art Association
4. Exhibit C - Livermore Valley Arts
5.8 Resolution authorizing the execution of a grant agreement with Livermore Downtown Inc. in the amount of $90,000 for FY 2024-25.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the execution of a grant agreement with Livermore Downtown Inc. for grant activities from July 1, 2024, to June 30, 2025, in the amount of $90,000.
Staff Report
Attachments:
1. Resolution
2. Exhibit A - Agreement
5.9 Resolution authorizing the City Manager to sign all documents necessary to authorize a reduction, by an amount not to exceed $125,000, of the principal and accrued interest owed on the promissory note with Ms. Heather Legan for the City-restricted property located at 318 S. Livermore, Unit 112, sufficient to allow for a market-priced sale and repayment of all tax and first mortgage liens owed, real estate and escrow fees, basic repair costs and provide $5,000 of proceeds to the seller for rehousing.
Recommendation:
Staff recommends City Council adopt a resolution authorizing the City Manager to sign all documents necessary to authorize a reduction, by an amount not to exceed $125,000, of the principal and accrued interest owed on the Promissory Note with Ms. Heather Legan for the City-restricted property located at 318 S. Livermore, Unit 112, sufficient to allow for a marketpriced sale and repayment of all tax and first mortgage liens owed, real estate and escrow fees, basic repair costs and provide $5,000 of proceeds to the seller for rehousing.
Staff Report
Attachments:
1. Resolution
5.10 Resolution authorizing execution of a quitclaim deed to Karamjit Singh Nijjar for re-granting abutter's rights at the new driveway location for the Fairfield Inn project located at 220 North Greenville Road.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing execution of a quitclaim deed to Karamjit Singh Nijjar for re-granting abutter's rights at the new driveway location for the Fairfield Inn project located at 220 North Greenville Road (also known as Parcel 1 of Parcel Map 8123 filed December 30, 2023) at the location specified in the quitclaim deed.
Staff Report
Attachments:
1. Vicinity Map
Livermore City Council Agenda November 25, 2024
6 2. Re-granting Abutter's Rights - Driveway Locations
3. Resolution
4. Exhibit A - Quitclaim Deed, Abutter's Rights
5.11 Resolution authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for seven replacement Ford Hybrid Police Interceptor Utilities in an amount not-toexceed $459,558.
Recommendation:
Staff recommends the City Council authorize issuance of a purchase order to 72 Hour LLC dba National Auto Fleet Group in Watsonville, California in an amount not-to-exceed $459,558 for seven 2025 hybrid Ford Police Interceptor Utilities.
Staff Report
Attachments:
1. National Auto Fleet Group Sourcewell Contract
2. City of Livermore PD 2025 Quote
3. Resolution
6. PUBLIC HEARINGS
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
6.1 THIS ITEM IS BEING CONTINUED TO A DATE TO BE DETERMINED. Resolution authorizing the City Manager to execute a Power Purchase Agreement with Ava Community Energy to install solar and battery storage at critical municipal facilities.
Recommendation:
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Power Purchase Agreement with Ava Community Energy to install solar and battery storage at critical municipal facilities.
Staff Report
6.2 Hearing to consider a proposed Vesting Tentative Tract Map and Site Plan Design Review for a 44-unit single-family residential subdivision (Garaventa Hills), consisting of 38 single-family detached units and 6 duet/couplet units and an Environmental Impact Report (EIR).
Recommendation:
The Planning Commission and staff recommend the City Council take the following actions to authorize the development of the Garaventa Hills residential project:
1. Adopt a resolution certifying the Environmental Impact Report pursuant to the California Environmental Quality Act;
2. Adopt a resolution approving Subdivision (SUB) 13-001 and Site Plan Design Review (SPDR) 13-005, subject to conditions, and authorizing the applicant to provide six affordable duet units as proposed and to make an equivalency payment to satisfy the remaining fractional portion of the affordable housing requirement; and, Livermore City Council Agenda November 25, 2024
7 3. Direct the Planning Manager to file a Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Staff Report
Attachments:
1. Location Map
2. 11-12-24 Planning Commission Staff Report
3. 12-4-18 Planning Commission Report with Attachments 4 5 6 7
4. 11-12-24 Planning Commission Comments Received
5. 4-22-19 City Council Report
6. DRAFT Special Planning Commission Meeting Minutes 11.12.24
7. CEQA Resolution
8. Exhibit A PC Reso 36-24, CEQA
9. Exhibit B - Garaventa Hills RP EIR
10. Exhibit C - Facts and Findings
11. Exhibit D - MMRP
12. Project Resolution - City Council
13. Exhibit A- PC Reso 37-24, SUB13-001, SPDR13-005 project
14. Exhibit B - Development Plans
15. Exhibit C - Conditions of Approval
7. MATTERS FOR CONSIDERATION
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
7.1 Resolution sunsetting the Livermore-Dublin Liaison Committee, the Livermore-Pleasanton Liaison Committee, and the Intergovernmental Committee.
Recommendation:
Staff recommends the City Council adopt a resolution sunsetting the Livermore-Dublin Liaison Committee, the Livermore-Pleasanton Liaison Committee, and the Intergovernmental Committee.
Staff Report
Attachments:
1. Resolution
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS
9. ADJOURNMENT
To a Regular City Council meeting on Monday, December 9, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
10. SUPPLEMENTAL MATERIALS
10.1 Supplemental materials received prior to the meeting.
Livermore City Council Agenda November 25, 2024
8 Staff Report
Attachments:
1. Supplemental Materials
10.2 Supplemental materials received at the meeting.
Staff Report
Attachments:
1. Items Received at the Meeting
11. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Open Forum is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
Public Hearings - The topic of the hearing is typically summarized by staff, followed by a presentation by the applicant, and questions from the City Council. The Mayor will then open the hearing to the public and offer an opportunity for public comments. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of the presentation of the item.
Other Agenda Items are also open for public input including Consent Calendar or Matters for Consideration items. These comments are also subject to the 3-minute limit.
Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Livermore City Council Agenda November 25, 2024
9 Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.
However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
The City will be using YouTube and TV29 as two tools to provide the public access to view City Council meetings. No public comment will be accepted via YouTube.
TV29: tv29live.org Comcast Cable 29
YouTube: http://youtube.com/c/CityofLivermoreCalifornia If you would like to deliver written materials to the City Council as part of your public comment, please provide 10 copies to the City Clerk with your speaker card.
The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.
Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda November 25, 2024
10 CITY COUNCIL STAFF REPORT ITEM NO. 3.1
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Beautification Committee annual update presented by Chair Karen Jefferson.
RECOMMENDED ACTION
Staff recommends City Council accept the Beautification Committee annual update.
SUMMARY
DISCUSSION
ATTACHMENTS
Prepared by: Marisa Gan
Acting Public Works Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
11 CITY COUNCIL STAFF REPORT ITEM NO. 3.2
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Presentation of the 2024 Beautification Awards.
RECOMMENDED ACTION
Staff recommends City Council accept the Beautification Committee Awards presentation.
SUMMARY
DISCUSSION
ATTACHMENTS
Prepared by: Marisa Gan
Acting Public Works Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
12 CITY COUNCIL STAFF REPORT ITEM NO. 5.1
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Approval of draft minutes - October 28, 2024 Regular Meeting
RECOMMENDED ACTION
Staff recommends the City Council approve the draft minutes.
SUMMARY
DISCUSSION
ATTACHMENTS
1. DRAFT 2024-10-28
Prepared by: Debbie Elam
City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
13 OCTOBER 28, 2024 Minutes CM/75/1
MINUTES
CITY COUNCIL
OCTOBER 28, 2024
________________________________________________________________
CLOSED SESSION
CALL TO ORDER – The Closed Session of the City Council was called to order by Mayor John Marchand at 6:45 pm, held in person at 1016 S. Livermore Avenue.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL
REGARDING CLOSED SESSION ITEMS.
Mayor Marchand opened the public comment period.
There were no more speakers, the public comment period was closed.
1. ADJOURN TO CLOSED SESSION
1.1 Conference with Legal Counsel - Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated. (One Case) Bun v. City of Livermore, United States District Court Case No. 17-CV06418-EMC, Ninth Circuit Court of Appeals Case No. 22-16229. ________________________________________________________________
REGULAR MEETING
2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.
ROLL CALL – Present: Mayor John Marchand, Vice Mayor Robert W. Carling, and Council Members, Ben Barrientos, Evan Branning, and Brittni Kiick.
PLEDGE OF ALLEGIANCE
REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Jason Alcala stated pursuant to California Government Code section 54957.1(a) I am reporting that in the matter of Bun v. Livermore, the City Council voted unanimously to accept a settlement agreement and full and final ATTACHMENT 1
14 CM/75/2 Minutes OCTOBER 28, 2024
release of all claims signed by the plaintiff that releases the City of Livermore in exchange for a payment on behalf of the City in the amount $550,000.
The case involved a complaint for damages arising from an arrest in 2015.
3. PROCLAMATIONS AND PRESENTATIONS
3.1 Confirm Advisory Body appointments to the Airport Commission, Beautification Committee, and the Commission for the Arts, and direct the City Clerk to administer the oath of office.
Airport Commission
Reappointment to regular terms ending November 1, 2028. • Christopher Dombrowski (Pilot)
• Jon Lavine
• Victoria Schellenberger
Beautification Committee
Appointment to an unexpired term ending June 1, 2025, and a regular term ending June 1, 2029.
• John Stein
Commission for the Arts
Reappointment to regular terms ending January 1, 2029
• Laurence Milder
• Natalia Custodio
• Thomasin Dewhurst
Appointment to regular terms ending January 1, 2029
• Cynthia Mccahon
• Tracy Sahn
Mayor Marchand opened the public comment period.
David McGuigan provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF VICE MAYOR CARLING, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL CONFIRMED THE APPOINTMENTS.
City Clerk Debbie Elam administered the oath of office.
3.2 Livermore Human Services Commission Annual Update presented by Tracy Nakamura, Chair, Livermore Human Services Commission.
Human Services Commission Chair Tracy Nakamura presented the update.
ATTACHMENT 1
15 OCTOBER 28, 2024 Minutes CM/75/3
3.3 Presentation of the 2024 Helen Putnam Award for Excellence in Intergovernmental Collaboration, presented by the League of California Cities East Bay Division Representative Sam Caygill.
Sam Caygill, League of California Cities East Bay Division Representative presented the Helen Putnam Award for Excellence in Intergovernmental Collaboration to the city.
3.4 Presentation of the 2024 Beacon Spotlight Award for Sustainability Best Practices, presented by the League of California Cities East Bay Division Representative Sam Caygill.
Sam Caygill, League of California Cities East Bay Division Representative presented the 2024 Beacon Spotlight Award for Sustainability Best Practices to the city.
3.5 Proclamation honoring Tri-Valley Haven during Domestic Violence Awareness Month, presented to Christine Dillman, Executive Director, and to Andleeb Ali, Shelter Manager.
Mayor Marchand presented the proclamation to Andleeb Ali, Shelter Manager of Tri-Valley Haven honoring Tri-Valley Haven during Domestic Violence Month.
4. OPEN FORUM
Mayor Marchand opened the public comment period.
David McGuigan provided a comment.
Council Member Kiick left the dais at 7:38 pm.
Council Member Kiick returned to the dais at 7:44 pm.
Greg Scott provided a comment.
Trish Munro provided a comment.
There were no more speakers, and the public comment period was closed.
5. CONSENT CALENDAR
Mayor Marchand re-ordered the agenda and moved Item 5.13 from the Consent Calendar for separate discussion and action after Item 7.3 Mayor Marchand opened the public comment period.
Item 5.8 Greg Scott provided a comment.
Items 5.3, 5.4, 5.5, and 5.6 Alan Marling provided a comment.
ATTACHMENT 1
16 CM/75/4 Minutes OCTOBER 28, 2024
Ruby Lopez-Villarreal provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL MEMBER BRANNING, AND CARRIED ON A 4-0 VOTE, WITH COUNCIL
MEMBER BARRIENTOS ABSTAINING DUE TO ABSENCE AT THE OCTOBER 14, 2024 MEETING, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEM 5.1.
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY VICE MAYOR CARLING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL APPROVED CONSENT CALENDAR ITEMS 5.2-5.12.
5.1 Approval of draft minutes for October 10, 2024
5.2 Adoption of Ordinance 2166 amending Livermore Development Code Section 11.01.020 definition of “Public and quasi-public” use to include emergency shelters and supportive housing associated with another public or quasi-public use.
5.3 Adoption of Ordinance 2167 amending Section 2.04.030 Compensation Limits for the Mayor and City Council Members of the Livermore Municipal Code to adjust the monthly compensation for the Mayor and City Council Members consistent with Measure W.
5.4 Resolution 2024-178 authorizing Resolution authorizing the filing of an application for Alameda County Transportation Commission administered funding of $1,725,000, committing necessary matching funds of $575,000, and stating assurances to complete the project for the Arroyo Road Trail Project 2019-55.
5.5 Resolution 2024-179 authorizing the filing of an application for Alameda County Transportation Commission administered funding of $1,650,000, committing necessary matching funds of $550,000, and stating assurances to complete the project for the 2022 ATP Bike Lane Improvements Project 2021-14.
5.6 Resolution 2024-180 authorizing the filing of an application for Alameda County Transportation Commission administered funding of $825,000, committing necessary matching funds of $275,000, and stating assurances to complete the project for the Stanley Boulevard at Isabel Ave Connector Ramp Crossing Improvements Project 2021-33.
5.7 Resolution 2024-181 establishing new maximum income limits for extremely low-, very low-, low-, median and moderate-income households which shall apply to the City’s first-time homebuyer and affordable rental programs; and, establishing maximum for-sale housing prices for the Affordable Homeownership Program which will be effective for homes sold through the program beginning ATTACHMENT 1
17 OCTOBER 28, 2024 Minutes CM/75/5
January 1, 2025, and establishing updated annual rent limits for City-restricted affordable units effective immediately upon adoption by City Council.
5.8 Resolution 2024-182 authorizing a supplemental appropriation of unspent carry-forward budget totaling $283,846 from the Community Development Block Grant Fund, for the Emergency Shelter Rebuild Project.
5.9 Resolution 2024-183 approving allocation of the Tourism and Special Event Grant monies for July 1, 2024-June 30, 2025, and authorizing the execution of grant agreements consistent with the City's Tourism and Special Events Grant Program.
5.10 Resolution 2024-184 accepting the Livermore Downtown Inc. 2023-2024 Annual Report
5.11 Resolution 2024-185 accepting the Livermore Valley Wine Heritage District 2023-2024 Annual Report.
5.12 Resolution 2024-186 accepting the FY 2023-24 Year-end Budget Report, carrying over previously appropriated but unspent funds, and allocating excess General Fund resources to City's asset replacement and repair including public safety facilities, Livermore-Pleasanton Fire Department (LPFD) equipment replacement, and general liability and workers compensation funds.
ITEM 5.13 WAS MOVED BY THE MAYOR TO BE HEARD AFTER ITEM 7.3
6. PUBLIC HEARINGS
6.1 Hearing to consider the Housing and Human Services needs and Housing and Human Services Grant Priorities for Fiscal Years 2025-27.
Recommendation: The Human Services Commission and staff recommended the City Council adopt a resolution approving the Housing and Human Services Grant Priorities for Fiscal Years 2025-27.
Management Analyst Amy Walker presented the staff report.
Mayor Marchand opened the public hearing.
Greg Scott provided a comment.
There were no more speakers, and the hearing was closed.
ON THE MOTION OF COUNCIL MEMBER BRANNING, SECONDED BY
COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2024-187 approving the Housing and Human Service Grant Priorities for Fiscal Years 2025-27
ATTACHMENT 1
18 CM/75/6 Minutes OCTOBER 28, 2024
7. MATTERS FOR CONSIDERATION
7.1 Resolution accepting the Altamont Landfill Open Space Committee's recommendation to expend funds from the Open Space Account for a grant in the amount of $56,000 to allow the Alameda County Resources Conservation District and the California Rangeland Trust to conduct an outreach program to educate Alameda County ranchers about permanent conservation easements. The grant also includes monies to establish a revolving fund to help landowners cover up-front appraisal costs.
Recommendation: Staff recommended the City Council the City Council adopt a resolution:
1. Determining that the Open Space Committee’s recommended expenditure of Open Space Account funds, and their expenditure for the funding of the outreach program and revolving fund for appraisal costs, is not a project under the California Environmental Quality Control Act (CEQA);
2. Finding the Open Space Committee’s recommendation for the expenditure of $56,000 from the Open Space Account to fund the grant request by the Alameda County Resources Conservation District and California Rangeland Trust to conduct outreach and establish a revolving fund for appraisal costs, is consistent with the Livermore General Plan;
3. Determining that the expenditure is consistent with the Settlement Agreement and the Open Space Committee’s priorities;
4. Accepting the Altamont Landfill Open Space Committee's proposed expenditure of $56,000 from the Altamont Landfill Settlement Agreement Open Space Account; and
5. Directing staff to place future Altamont Landfill Open Space Committee funding concurrences on the consent calendar, consistent with the Alameda County Board of Supervisor's practice.
Associate Planner Jennifer Ackerman presented the staff report.
Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER BARRIENTOS, SECONDED BY COUNCIL MEMBER KIICK AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2024-188 accepting the Altamont Landfill Open Space Committee’s recommendation to expend funds for the Alameda County Resources Conservation District and California Rangeland Trust grant request in the amount of $56,000 to conduct an outreach program to educate Alameda County ranchers about permanent conservation easements. The grant also includes monies for a revolving fund to cover upfront appraisal costs.
7.2 Resolution approving an amendment to the City Manager's ATTACHMENT 1
19 OCTOBER 28, 2024 Minutes CM/75/7
employment contract.
Recommendation: The Evaluation Subcommittee recommended the City Council adopt a resolution approving an amendment to the City Manager's employment contract.
7.3 Resolution approving an amendment to the City Attorney’s employment contract.
Recommendation: The Evaluation Subcommittee recommended the City Council adopt a resolution approving an amendment to the City Attorney’s employment contract.
Administrative Service Director Tina Olson presented the staff report.
Mayor Marchand opened the public comment period.
Item 7.2 Greg Scott provided a comment.
There were no more speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTIONS:
Resolution 2024-189 approving 2024 amendment to the City Manager’s employment contract.
Resolution 2024-190 approving 2024 amendment to the City Attorney’s employment contract.
5.13 Resolution amending the City of Livermore Salary Plan to reflect salary increases to Executive Management (excluding the Police Chief), the City Attorney, and City Manager effective November 18, 2024, and retitling the current Systems Administrator (Job Class 2210) to Network Engineer.
Mayor Marchand opened the public comment period.
There were no speakers, and the public comment period was closed.
ON THE MOTION OF COUNCIL MEMBER KIICK, SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5-0 VOTE, THE CITY COUNCIL ADOPTED THE FOLLOWING RESOLUTION:
Resolution 2024-191 amending the City of Livermore Salary Plan to reflect salary increases to Executive Management (excluding the Police Chief), the City Attorney, and City Manager effective November 18, 2024, and retitling the current Systems Administrator (Job Class 2210) to Network Engineer.
ATTACHMENT 1
20 CM/75/8 Minutes OCTOBER 28, 2024
8. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY
MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS
THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF
RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL
MEMBERS WHO DID NOT PROVIDE A SUMMARY IN THE SUPPLEMENTAL PACKET ARE INCLUDED BELOW.
Bankhead Theater Council Member Barrientos noted his attendance at the Canadian Brass show on October 13, 2024, and American Authors show on October 25, 2024, and encouraged others to attend performances at the theater.
Livermore Downtown Inc. Council Member Branning noted his attendance at the Board Meeting on October 15, 2024.
League of California Cities Council Member Branning noted his attendance at the Annual Conference October 16-18, 2024.
Livermore Amador Valley Transportation Authority (LAVTA) Council Member Branning noted his attendance at the Projects and Services Committee meeting on October 28, 2024.
Livermore Pride Council Member Kiick noted her attendance at the 5th Annual Pride Fest event on October 19, 2024.
City of Livermore/National Aeronautics and Space Administration (NASA) Council Member Kiick encouraged the community to attend the NASA moon tree planting event on October 30, 2024.
City Council directed staff to review the Laguna Beach electric vehicle master plan and what other cities are doing to incorporate electric vehicles into their fleets.
City Council directed staff to review current safety regulations regarding e-bikes and e-scooters with the Livermore Valley Joint Unified School District and determine if additional regulations are needed.
Asbury Methodist Church, Vice Mayor Carling noted his attendance at the celebration of Palestinian culture on October 26, 2024.
9. ADJOURNMENT – at 8:52 pm in memory of Antiono Balcarcel to a Regular City Council Meeting on Monday, November 25, 2024 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
APPROVED:
JOHN P. MARCHAND, MAYOR
ATTACHMENT 1
21 OCTOBER 28, 2024 Minutes CM/75/9
ATTEST:
DEBORAH L. ELAM, CITY CLERK
ATTACHMENT 1
22 CITY COUNCIL STAFF REPORT ITEM NO. 5.2
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Jason Alcala, City Attorney
SUBJECT: Introduce an omnibus ordinance and waive the first reading making administrative, technical, and other non-substantive changes to various sections of the Livermore Municipal Code and the Livermore Development Code
RECOMMENDED ACTION
Staff recommends the City Council introduce an omnibus ordinance and waive the first reading amending various sections of the Livermore Municipal Code and Livermore Development Code to make administrative, technical, and other non-substantive amendments.
SUMMARY
The proposed omnibus ordinance will make several minor changes to the Livermore Municipal Code and the Livermore Development Code (collectively “Livermore Municipal Code” since it is technically part of the Municipal Code). Generally, these changes correct grammatical errors, clarify language, conform the codes to current state law, conform codes to administrative practices and facts, and to make other administrative, technical, and non-substantive amendments. Additionally, the omnibus ordinance provides an opportunity to update and clarify the Livermore Municipal Code to reflect current practices.
DISCUSSION
An omnibus ordinance is a consolidation of changes on one substantive matter, or as in this case, a consolidation of changes on several minor matters. These items are compiled by staff and combined into one ordinance for the sake of convenience and efficiency. Rather than adopting several ordinances to cover each individual section change to the code, an omnibus allows for the adoption of a single ordinance to make several changes to different sections. An omnibus is advantageous when considering matters that do not ordinarily require lengthy deliberations or are non-substantive. The City annually considers an omnibus ordinance in order to keep the Livermore Municipal Code up to date, accurate, and reflective of City practices. This omnibus ordinance is a consolidation of changes spanning multiple chapters and sections of the Municipal Code, as described in the accompanying ordinance.
Brief explanations of the recommended changes.
23 In brief, the proposed amendments are as follows
1. Municipal Code
Section 2.68.220 - Grammatical correction
Section 2.68.350 - Grammatical corrections
Section 3.08.150 - Change to reflect City practice for business license exemption for one-day educational performances offered to the public by a governmental entity Section 6.12.040 - Change to reflect City practice and timing for the issuance of dog license Section 10.24.010 - Clean-up to reflect the General Plan’s elimination of interim truck route after completing of the Isabel Interchange project in 2012, and Resolution No. 2012-050 Title 13 - Correcting position titles and eliminating gender specific pronouns
2. Development Code
Multiple sections - Changes the permit requirements for the “Large family day care” land use in the Child Day Care Facility category from ZUP to P consistent with California Health & Safety Code section 1597.45
ENVIRONMENTAL DETERMINATION
The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act (CEQA) and, therefore, is not subject to the provisions requiring environmental review.
FISCAL AND ADMINISTRATIVE IMPACTS
The business license exemption for one-day educational performances offered to the public by a governmental entity will have a de minimis impact on business license tax revenue and increase staff’s efficiency for the library’s public educational performances.
COMMUNITY PILLAR
5: City That Works
GOAL
15: Uphold the integrity of Livermore's Municipal Code, Development Code, and regulations
ATTACHMENTS
1. Omnibus Ordinance
24 Prepared by: Jason Alcala
City Attorney
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
25 1
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
AN OMNIBUS ORDINANCE AMENDING THE LIVERMORE MUNICIPAL CODE AND
THE LIVERMORE DEVELOPMENT CODE TO CORRECT GRAMMATICAL ERRORS,
CLARIFY LANGUAGE, CONFORM THE CODES TO CURRENT STATE LAW,
CONFORM CODES TO ADMINSTRATIVE PRACTICES AND FACTS, AND TO MAKE
OTHER ADMINISTRATIVE, TECHNICAL, AND NON-SUBSTANTIVE AMENDMENTS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Purpose. This omnibus ordinance makes several changes to the Livermore Municipal Code and the Livermore Development Code to correct grammatical errors, clarify language, conform the codes to current state law, conform codes to administrative practices and facts, and to make other administrative, technical, and nonsubstantive amendments.
Section 2. Instruction to Publisher. The code amendments made by this ordinance are reflected as follows: Deletions are reflected in this ordinance using a strikethrough, and new language is underlined. However, language with a strikethrough, and the underlines, will not be codified. The codification of this ordinance will only reflect the final language.
Section 3. Amendment – Municipal Code. The Livermore Municipal Code is hereby amended as follows:
A. Subsection b of Subsection 2 of Section B in Section 2.68.220 Contract approval authorities is hereby amended to read as follows to correct a grammatical error:
“Public works contracts for resulting from informal bidding procedures up to the amount specified in California Public Contract Code Section 22032(b), as set forth in LMC 2.68.530, and change orders to public works contracts consistent with LMC 2.68.590.” B. Subsection a of Subsection 4 of Section B in Section 2.68.220 Contract approval authorities is hereby amended to read as follows to clarify the language:
“Contracts for goods and general services that have a compensation amount up to $150,000, and amendments those to goods and general services contracts consistent with LMC 2.68.230.” 26 2
C. Subsection b of Subsection 4 of Section B in Section 2.68.220 Contract approval authorities is hereby amended to read as follows to clarify the language:
“Contracts for professional services that have a compensation amount up to $100,000, and amendments those to professional services contracts consistent with LMC 2.68.230.”
D. Subsection 3 of Section B in Section 2.68.350 Competitive negotiation following a request for proposals is hereby amended to read as follows to correct grammatical errors:
“Evaluation of Proposals. Submitted proposals shall be evaluated in accordance with the evaluation criteria and process identified in the solicitation document, which may include: evaluation of the written submittals; interviews, presentations and/or product demonstrations as applicable; reference checks; and, other factors as necessary to determine a rank ranked order of proposals.”
E. Section 3.08.150 Exemptions – Nonprofit activities is amended to add subsection C to read as follows to apply the existing business license exemptions for educational activities in subsection A, and business license exemptions for nonprofits in subsection B, to the provider of one-day educational performances offered to the public by governmental entity, including public libraries:
“C. No business license shall be required from the provider of a one-day educational performance offered to the public by a governmental entity, which includes public libraries.”
F. Subsections A, C, and D in Section 6.12.040 License – Time for fee payment are hereby amended to read as follows to adjust the timing for dog license renewals from quarterly to monthly, and to pro-rate a license to half the usual fee when a license cannot be renewed for a full year due to a rabies vaccination expiration date:
“A. The dog owner shall pay the license fee required by this chapter on an annual basis. The annual period can
commence on January 1st, April 1st, July 1st or October 1st.” “C. Licenses issued between January 1st and March 31st of each year will be effective until and including December 31st of the ensuing year, or in the case of a three-year license, the 31st day of December of the third year. Likewise, licenses issued between April 1st and June 30th will be effective until March 31st of the ensuing year or the third year, licenses issued between July 1st and September 30th will be effective until June 30th of the following year or the third year, and licenses 27 3
issued between October 1st and December 31st of each year will be effective until September 30th of the following year or the third year. License renewals will be processed monthly. A new or renewed license will expire on the last day of the issuance month of the following year for a one-year license or of the third year for a three-year license. The license expiration date cannot be subsequent to the last day of the month of the rabies vaccination expiration.”
“D. Proration of fees may apply in special circumstances. If a license cannot be issued for a full year due to the rabies vaccination expiration date, the fee may be pro-rated to half of the full annual fee.”
G. Section 10.24.010 Truck routes designated is amended to read as follows to eliminate the interim truck route designation for “Kitty Hawk Road between Jack London Boulevard and Airway Boulevard, and for Airway Boulevard between Kitty Hawk Road and Interstate 580” consistent with Resolution No. 2012-050 and General Plan Figure 5-3 and the Changes to Truck Routes section on page 5-53 in the General Plan Circulation Element now that the Isabel Interchange was completed and State Route 84 was transferred to Isabel Avenue in 2012:
“Isabel Avenue, Kitty Hawk Road between Jack London Boulevard and Airway Boulevard, Airway Boulevard between Kitty Hawk Road and Interstate 580, and East Stanley Boulevard west of Isabel Avenue, within the corporate limits of the City, are hereby declared to be and are established as truck routes, which shall remain unrestricted by any ordinance or regulation of the City as to weight limits or types of vehicles, so long as this section shall remain in effect.”
H. The following sections in Title 13 Public Services are amended to read as follows to replace gender specific references from “he” to “City Manager” and as otherwise needed to reflect gender neutrality, to reflect the change in title from to the former position title “water resources manager” to the current position title “water resources division manager,” to update the reference from “Director” to specifically refer to the “Public Works Director,” and to reflect the current titles for other authorized enforcement officials:
13.04.010 “The municipal water department is created, and the operation shall be under the general direction of the
City Manager. He The City Manager shall have the
authority to organize the water system into one or more city departments, or to integrate part or all of the water system into other city departments and to delegate his
28 4
authority and responsibility to subordinate officials and employees.”
13.08.180, subsection A. “Notice. If the water resources division manager determines that this chapter has been
violated and an emergency shutoff is not warranted,
the water resources division manager shall send a
written notice to the customer explaining the violation.
If, within 10 days of receipt of the written notice, the customer has not remedied the violation or requested
an administrative hearing, water service to the
premises shall be discontinued until the violation has
been remedied.”
13.08.180, subsection C. “Emergency Shutoffs. In case of fire, or alarm of fire, or any situation which in the opinion of the water resources division manager has the potential to
contaminate the City’s water supply, or in making
emergency repairs, the City shall have the right to shut off water from any consumer or number of consumers
without notice, and to keep it shut off as long as it may be necessary. An emergency shutoff may be appealed
pursuant to the procedure outlined in
LMC 13.08.180(B).”
13.09.020 “The water resources division manager shall be responsible for the protection of the public potable
water distribution system from contamination or
pollution due to the backflow or back-siphonage of
contaminants or pollutants through the water service
connection. If, in the judgment of the water resources
division manager, an approved backflow prevention
assembly is required at the City’s water service
connection to any customer’s premises, for the safety
of the water system, the water resources division
manager or his or her designated agent shall give
notice in writing to that customer to install an approved backflow prevention assembly at each service
connection to the customer’s premises. The customer
shall immediately install an approved assembly at his
or her own expense. The customer’s failure, refusal, or inability to immediately install the assembly shall
constitute a ground for discontinuing water service to
the premises until the assembly has been properly
installed.”
29 5
13.09.030 “The customer may appeal the finding of the water resources division manager that this chapter has been
violated to the City Manager pursuant to the procedure
outlined in LMC 13.08.180(B).”
13.09.040, subsection A. “ “Approved” means accepted by the water resources division manager as meeting an
applicable specification stated or cited in this chapter, or as suitable for the proposed use.”
13.09.040, subsection T. “ “Water resources division manager” means the water resources division manager or his or
her designee.”
13.09.090, subsection B. “On any premises where the water resources division manager determines there is water
or a substance that would be objectionable but not
hazardous to health, if introduced into the public water system, the public water system shall be protected by
an approved double check valve assembly.”
13.09.100 “A customer at any premises where backflow prevention assemblies are installed shall conduct certified
inspections and operational tests at least once per year.
When the water resources division manager perceives
a hazard, he or she may require certified inspections at more frequent intervals. These inspections and tests
shall be at the expense of the water user and shall be
performed by a certified tester approved by the water
resources division manager. The customer shall notify
the water resources division manager in advance when
the tests are to be undertaken so that he or she may
observe the tests. These devices shall be repaired,
overhauled, or replaced at the expense of the customeruser whenever said devices are found to be defective.”
13.09.110 “All backflow prevention assemblies installed before the date upon which the ordinance codified in this chapter
becomes effective, which do not meet the requirements
of this chapter but were approved devices for their
current uses at the time of installation and which have been properly maintained, shall, except for the
inspection and maintenance requirements under LMC
13.09.100, be excluded from the requirements of this
chapter if the water resources division manager
determines that such devices will satisfactorily protect the public water system. Whenever the existing device
30 6
is moved from the present location or when the water
resources division manager finds that the maintenance
constitutes a hazard to health, the unit shall be replaced by a backflow prevention device from the University of
Southern California approved backflow assembly list,
approved by the water resources division manager, and
that meets the requirements of Title 17 of the California Code of Regulations.”
13.25.220 “Violations of any provision of this chapter may result in the immediate suspension of any development permit
previously issued for the property upon which said
violation occurred, until compliance with all the
requirements of this chapter is demonstrated to the
satisfaction of the Public Works Director.”
13.32.120, subsection D. “Any waters or wastes with a pH less than 6.0 or greater than 10.5. The water resources
division manager may, at his or her discretion, establish a pH range of 5.0 to 10.5 for specific industrial users provided certain conditions are met, however at no time shall the pH drop below 5.0.”
13.45.020, subsection 1, of subsection A. “ “Authorized enforcement official” means any of the following city officials: Director of Public Works Director, water resources division
manager, water resources assistant manager, water
reclamation plant laboratory supervisor, water
reclamation plant, source control coordinator, and
source control inspectors. Inspector, water reclamation plant collection system supervisor and water
reclamation plant senior operator.”
Section 4. Amendments – Development Code. The Livermore Development Code is hereby amended to read as follows for several code sections to change the permit requirements for the “Large family day care” land use in the Child Day Care Facility category from ZUP to P consistent with California Health & Safety Code section 1597.45:
A. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T3N Use Table in Subsection H in Section
3.02.070 T3 Neighborhood (T3N) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1, 3 Specific Use
Regulations
Permit
Required
Services: General
31 7
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center
6.02.020
P
ZUP P
CUP
B. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4N Use Table in Subsection I in Section
3.02.080 T4 Neighborhood (T4N) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1, 2 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center
6.02.020
P
ZUP P
CUP
C. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4N-O Use Table in Subsection H in Section
3.02.090 T4 Neighborhood-Open (T4N-O) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1, 3 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
6.02.020
P
ZUP P
D. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4MS-O Use Table in Subsection H in Section
3.02.100 T4 Main Street-Open (T4MS-O) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
32 8
Land Use Type 1 ,2 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center
6.02.020
P
ZUP P
CUP
E. The permit requirements for the Child Day Care Facility land use in the Services: General category for the T4MS Use Table in Subsection H in Section
3.02.110 T4 Main Street (T4MS) Standards is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1, 2 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility
Small family day care home
Large family day care home
Family day care center
6.02.020
P
ZUP P
CUP
F. The permit requirements for the Child Day Care Facility land use in the Services: General category for the R-R Use Table in Subsection H in Section
3.03.030 Residential Rural (R-R) Zone is hereby amended in part to change its Subsection from “H” to “I” and to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1 Specific Use
Regulations
Permit
Required .
R-R-1
R-R-3
R-R-5
Services: General
Child Day Care Facility:
Small family day care home
6.02.020
P P
33 9
Large family day care home
Family day care center
ZUP
P
CUP
ZUP
P
CUP
G. The permit requirements for the Child day Care Facility land use in the Services: General category for the R-S Use Table in Subsection G in Section
3.03.040 Suburban Residential (R-S) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:
Small family day care home
Large family day care home
Day care center
6.02.020
P
ZUP P
CUP
H. The permit requirements for the Child Day Care Facility land use in the Services: General category for the R-L Use Table in Subsection G in Section
3.03.050 Residential Low Density (R-L) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:
Small family day care home
Large family day care home
Day care center
6.02.020
P
ZUP P
CUP
I. The permit requirements for the Child Day Care Facility permit requirement in the Services: General category for the MFR Use Table in Subsection H in Section 3.03.060 Multiple Family Residential (MFR) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
34 10
Land Use Type 1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:
Small family day care home
Large family day care home
Day care center
6.02.020
P
ZUP P
CUP
J. The permit requirements for the Child Day Care Facility land use in the Services: General category for the Suburban Multiple Residential (RG) Zone - Use Table in Subsection I in Section 3.03.070 Suburban Multiple Residential (RG) Zone is hereby amended in part to read as follows, with the other language in the table remaining unchanged:
Land Use Type 1 Specific Use
Regulations
Permit
Required
Services: General
Child Day Care Facility:
Small family day care home
Large family day care home
Day care center
6.02.020
P
ZUP P
CUP
Section 5. Environmental. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review.
Section 6. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Section 7. Publication. This ordinance shall be published once in a newspaper of general circulation of the city of Livermore within fifteen days after its adoption.
Section 8. Effective date. This ordinance shall take effect 30 days after its adoption.
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on November 25, 2024, by the following vote:
35 11
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
The ordinance was adopted at the regular meeting of the City Council held on ______________________, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Jason R. Alcala_________________ Deborah L. Elam Jason R. Alcala
City Clerk City Attorney
36 CITY COUNCIL STAFF REPORT ITEM NO. 5.3
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Judy Erlandson, Acting Public Works Director
SUBJECT: Resolution authorizing the execution of an agreement with Siemens Industry, Inc. to monitor the fire alarm and burglar alarm systems and inspect, test, and repair the fire alarm and sprinkler systems in multiple city buildings in an amount not-to-exceed $550,000 for a two-year term ending December 31, 2026.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing execution of an agreement with Siemens Industry, Inc. to monitor the fire alarm and burglar alarm systems and inspect, test, and repair the fire alarm and sprinkler systems in multiple city buildings in an amount not-to-exceed $550,000 for a two-year term ending December 31, 2026.
SUMMARY
Siemens Industry, Inc. currently provides burglar alarm monitoring, fire alarm monitoring and testing, and fire sprinkler inspection and repair at various City facilities. In order to protect the City’s investment in a variety of structures and protect the life and safety of its employees and the general public, staff recommends continuing service for inspection, monitoring, and repair of these systems.
DISCUSSION
The Maintenance Division of the Public Works Department is tasked with maintaining all City facilities.
The current agreement with Siemens Industry, Inc. to perform a combination of burglar alarm monitoring, fire alarm monitoring, fire alarm testing and inspection, fire sprinkler testing, and repair of the fire alarm and fire sprinkler systems at more than 25 City-owned facilities expires December 31, 2024. The proposed agreement will allow for continued fire alarm monitoring and testing and fire sprinkler inspection at all City facilities.
Livermore Municipal Code Section 2.68.370 allows for an exemption to the quotation and bidding requirements if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City's. Siemens holds a Sourcewell cooperative purchasing contract #030421-SIE. The City is currently a Sourcewell participating agency and therefore can take advantage of these 37 competitively bid rates. This cooperative purchasing process meets the requirements of the Livermore Municipal Code. This agreement will ensure that the City continues to receive the lowest rates possible for existing services.
FISCAL AND ADMINISTRATIVE IMPACTS
The total not-to-exceed cost for this two-year agreement is $550,000, which is currently budgeted in a variety of operating funds including the General Fund, Airport, Water, and Sewer enterprise funds.
COMMUNITY PILLAR
5: A City That Works
GOAL
14: Develop and maintain the City’s infrastructure, facilities, and property
ATTACHMENTS
1. Cooperative Purchasing Contract
2. Resolution
3. Exhibit A - Agreement
Prepared by: Marisa Gan
Acting Public Works Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
38 030421-SIE
Rev. 10/2020 1
Solicitation Number: RFP #030421
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Siemens Industry, Inc., 1000 Deerfield Parkway, Buffalo Grove, IL 60089-4547 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Facility Security Systems, Equipment, and Software with Related Services from which Vendor was awarded a contract.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires April 22, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment and Products furnished are free from liens and encumbrances at the time of delivery, and are free from defects in materials and workmanship. Vendor warrants that it will perform the Services in a professional and workmanlike manner. The warranties do not apply to software furnished by Vendor. The sole and exclusive warranties for any software are set forth in the applicable Software License. If the Services or Product fail to meet the warranty standards set forth in Article 2.B within the applicable warranty period defined herein, and Sourcewell or the Participating Entity (as applicable) promptly reports such non-conformance to Vendor during the above mentioned warranty period, Vendor shall at its own expense as Sourcewell or the Participating Entity’s (as applicable) sole and exclusive remedies for breach of the warranties: (i) for Services, re-perform the relevant Services or, in Vendor’s sole discretion, refund Sourcewell or the Participating Entity (as applicable) the pro rata portion of the fees paid to Vendor under this Agreement allocable to the nonconforming Services; and (ii) for Product, at Vendor’s discretion, repair or replace the Product, or its non-conforming parts, within a reasonable time period, or refund of all or part of the purchase price. The warranty on repaired or replaced Product Services or parts is limited to the remainder of the original warranty period. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended as set forth in the manufacturer’s product documentation. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity to the extent legally permissible.
Unless Vendor agrees otherwise in writing, Sourcewell or the Participating Entity (as applicable) will be responsible for any costs associated with: (i) gaining access to the Product or Services; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit Vendor to perform its warranty obligations; (iii) transportation to and from the Vendor factory or repair facility; and (iv) damage to equipment components or parts resulting in whole or in part from non-compliance by the Sourcewell or the Participating Entity (as applicable) with Article 2.B or from their deteriorated condition. All exchanged Products replaced under this warranty will become the property of Vendor.
Sourcewell or the Participating Entity (as applicable) must provide written notice of any claims for breach of the Warranties by: (i) for Services, within three (3) months from completion of the Services; and (ii) for Product, the earlier of twelve (12) months from initial operation of the
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Product or eighteen (18) months from shipment. Additionally, absent written notice within the applicable Warranty period, any use or possession of the Product or Services after expiration of the applicable Warranty period is conclusive evidence that the applicable Warranties have been satisfied.
THE WARRANTIES IN THIS ARTICLE 2.B ARE VENDOR'S SOLE AND EXCLUSIVE WARRANTIES AS TO VENDOR PRODUCTS AND SERVICES. VENDOR MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
D. LICENSE INTELLECTUAL PROPERTY IN THE PRODUCTS. “Software” means software that is licensed by Vendor to Sourcewell and/or Participating Entities under this Agreement, including any related Documentation. “Documentation” means the explanatory printed or electronic functional specification materials provided by Vendor for the Software, including but not limited to license specifications, instructions for the use of the Software and technical specifications. Subject to the default license in this Article 2.D and any agreement otherwise in the Order, for Software provided under an Order, Sourcewell and/or Participating Entities agrees to comply with any end-user license agreement (“EULA”) accompanying such Software and attached to such Order. Vendor hereby grants to Sourcewell and/or Participating Entities a worldwide, irrevocable, nonexclusive, perpetual, paid-up and royalty free license for software embedded in any Products that is not subject to a separate license or EULA (including installed applications). The license rights and restrictions, warranty, and delivery terms of the separate license or EULA shall govern over any conflicting terms in this Agreement. The license allows Sourcewell and/or Participating Entities only to use such software as embedded in the applicable Product and related Documentation. Vendor hereby assigns and passes through to Sourcewell and/or Participating Entities all of the third-party manufacturers’ and licensors’ warranties and indemnities for the Products. No other Intellectual Property rights are conveyed in such software unless otherwise agreed in writing by Vendor. Vendor shall retain all other Intellectual Property rights in all Products, Software and Services not expressly licensed herein. “Intellectual Property” or “IP” means all intellectual property rights throughout the world, whether existing under statute or at common law or equity, now or hereafter in force or recognized, including: (a) copyrights, trade secrets, trademarks and service marks, patents, inventions, designs, logos and trade dress, “moral rights,” mask works, publicity rights, and privacy rights; and (b) any application or right to apply for the rights referred to in this Section
2.D, and all renewals, extensions and restorations.
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3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within twenty-one days of Sourcewell or the Participating Entity (as applicable) receipt of the Equipment and/or Products. Participating Entities reserve the right to inspect the Equipment and Products within one week’s time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
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Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities
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to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, in accordance with all applicable laws, and in accordance with Participating Entity policies and procedures that are provided to Vendor reasonably in advance of arriving at the site, unless is determines that it cannot abide the same in which case, it may decline the work without liability..
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
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D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase and Vendor, by their mutual consent.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Reasonably timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
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x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Administrative Fee is a 2% fee to be paid by Vendor to Sourcewell, which is 2% of the actual sales price of the total project(s) consummated under this Agreement between Vendor and Sourcewell and Vendor and the Participating Entities.
The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal, which is 2% of the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, where there is no good faith dispute of the amount of or requirement to pay such fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
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Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Participating Entities (as applicable), including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees, alleging bodily injury, death or damage to a third-party’s tangible property, caused by Vendor’s negligent acts or omissions. No part of Sourcewell and/or its Participating Entities’ site or other property thereof is considered third-party property.
Warranty remedies are the exclusive ones for claims of property damages resulting from alleged breaches of the required warranties hereunder. The indemnitee must provide the Vendor with prompt written notice of any third-party claims covered by this Article.
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Vendor is not liable for any type of indirect, special, liquidated, exemplary, collateral, incidental or consequential damages. These limitations of liability are effective even if vendor has been advised by buyer of the possibility of such damages.
12. GOVERNMENT DATA PRACTICES
To the extent required by applicable law, Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. c. Such use of the Trademarks (and any sublicense granted under this Article 13) is subject to the prior approval of the grantor of such use rights and is revocable at will by the grantor.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.
Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
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b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. Vendor shall receive reasonable notice of any applicable claim and reasonable assistance by the indemnified party in defending such claims. Vendor shall have the exclusive authority to defend and resolve the claim without adverse interference. In the case of claims for infringement, Vendor shall have the opportunity to remedy the alleged infringement. Vendor shall not be liable for infringement to the extent it is not responsible for the same. The remedy for infringement claims set forth in this Section are the exclusive remedies for the same.
5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract, without regard to its conflict of law principles. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less
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broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
ATTACHMENT 1
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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Siemens Industry, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Dana Soukup
Title: Chief Procurement Officer Title: RSS RAM President Date: ________________________ Date: ________________________ By: __________________________
Peter Kamps
Title: RSS RAM Head of Finance
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
ATTACHMENT 1
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Bid Number: RFP 030421 Vendor Name: Siemens Industry, Inc.
ATTACHMENT 1
75 Bid Number: RFP 030421 Vendor Name: Siemens Industry, Inc. 74 Artificial Intelligence (AI)
and robotic surveillance
solutions
Yes
No
Siemens has multiple partners and 3rd party suppliers that provide these solutions as needed for Siemens' projects.
75 Facial recognition and
thermal screening solutions
Yes
No
Siemens is at the forefront of biometric technology that comprises fingerprint and facial recognition and iris scans. Siemens can incorporate multiple layers of control to provide the highest level of security for special areas. We also have the ability to implement enterprise-level access control solutions. We can tie together multiple sites across large geographic areas, helping automate the management of your systems. 76 Training, consultative,
monitoring, and
administrative or technical
support services, and
supplies
Yes
No
Siemens offers training, consulting, and technical support services for all products and services.
Table 15: Industry Specific Questions
Line
Item Question Response *
77 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
If awarded a contract Siemens will use measurements of success that are related to customer satisfaction and market share overall and in specific customer vertical markets (education, healthcare, etc.). Contract revenue is also an important metric to ensure the sales teams remain motivated to use the Contract. *
78 Describe any safeguards included in your
proposed solutions that protect
participating entities' sensitive information.
Siemens utilizes its own security products to ensure the secure transfer of data across networks. Additionally, Siemens follows all industry accepted standards for IT network security. The Siemens sales teams have been trained in the importance of the confidentiality of customer data. If a customer's data is so sensitive that it cannot be transferred electronically, Siemens will put a mitigation plan in place to only transfer data using secured hardcopy files.
*
79 Explain your organization's approach to
cyber security as it relates to your
proposed solutions.
As a global player in multiple industries, Siemens has gained a considerable amount of expertise in cybersecurity and offers a highly competitive approach to helping you secure your vital systems. We have cybersecurity certifications with many federal agencies, including GSA and DoD RMF-accreditation, and work side by side with agencies to ensure ongoing compliance. Our worldwide corporate network is secure, and we are committed to doing the same for our partners and customers.
For example, each key component of the Siemens Building Automation System has successfully undergone rigorous cyber certification testing. The cyber certification, established by the GSA IT Security team, allows our system to communicate directly with the GSA network.
*
80 Describe how emerging technologies are
or will be incorporated in your proposed
solutions.
Siemens is a leading technology innovator and we continuously invest heavily in R&D to upgrade our products and solutions. We are on the forefront of digitalization, integration, artificial intelligence, cloud-based analytics, and IoT and are rapidly incorporating these improvements and productivity accelerators into our portfolio.
*
81 Explain how your organization has
adapted to provide effective service during
the ongoing COVID-19 pandemic.
Siemens developed a COVID response strategy in partnership with our customers, suppliers and internal resources called the COVID 'Comeback with Confidence Campaign'. Siemens played a critical role in the construction temporary hospitals in New York very early in the pandemic. We have worked closely with the Food and Drug Administration to test and create innovative digital manufacturing processes to quickly and efficiently produce medical devices. The Siemens 'Reopen America' initiative focuses on 3 key areas: 1. Technology to create a safer indoor space (from physical distancing solutions to air purifying); 2. Keeping manufacturing facilities online and local government services running (real-time location applications to ensure social distancing and perform contact tracing); 3. Anti-body testing supporting national vaccine rollout (Siemens Healthineers are manufacturing 50 million COVID antibody tests per month). More information can be found at:
https://new.siemens.com/us/en/company/press/siemens-stories/smart-infrastructure/comeback-with-confidence.html *
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
ATTACHMENT 1
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Bid Number: RFP 030421 Vendor Name: Siemens Industry, Inc.
ATTACHMENT 1
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Bid Number: RFP 030421 Vendor Name: Siemens Industry, Inc.
ATTACHMENT 1
78 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SIEMENS INDUSTRY, INC. FOR BURGLAR ALARM, FIRE
ALARM, AND FIRE SPRINKLER SERVICES IN AN AMOUNT NOT-TOEXCEED $550,000 FOR A TWO-YEAR TERM The City of Livermore currently owns and operates a variety of facilities with burglar alarms, fire alarms, and fire sprinkler systems. To keep these systems functioning, the City requires services to monitor the burglar and fire alarm systems, and to inspect, test, and repair the fire alarm and sprinkler systems.
Livermore Municipal Code section 2.68.360 permits the purchase of certain goods and services through qualifying cooperative purchasing programs. Livermore Municipal Code section 2.68.370 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.
Siemens Industry, Inc. holds a Sourcewell (formerly National Joint Powers Alliance) competitively bid cooperative purchasing contract for facility security, fire, and building automation systems. This cooperative purchasing program meets the requirements of the Livermore Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it authorizes the City Manager, or her designee, to execute an agreement with Siemens Industry, Inc., attached hereto as Exhibit A, for monitoring burglar and fire alarm systems, and for inspecting, testing, and repairing fire alarm and sprinkler systems, in an amount not-to-exceed $550,000 for a two-year term.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 25, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’ Toole________________ Deborah L. Elam Molly A. O’Toole
City Clerk Deputy City Attorney
Exhibit A – Agreement with Siemens Industry, Inc.
79 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 Siemens Industry, Inc. (“Contractor”), a Delaware corporation.
RECITALS
City requires services to monitor the fire alarm and burglar alarm systems, and to inspect, test, and repair the fire alarm and sprinkler systems.
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 monitor the fire alarm and burglar alarm systems, and to inspect, test, and repair the fire alarm and sprinkler systems 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: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
80 (e) Comply with all laws in effect that are related to Contractor and the Services; (f) Coordinate the Services with Jason Calkins-Public Works SupervisorFacilities (“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: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
81 5. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $550,000 ("not-to-exceed amount"). City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit “A” up to the not-to-exceed amount. Except as provided in the body of this Agreement, the hourly rates or task amounts are intended to be Contractor’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, travel expenses, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Contractor, its agents, and employees to provide the Services.
(b) City shall pay Contractor no later than 30 days after City receives a written invoice from Contractor and verifies the Services were performed for the payment requested.
6. Term. The term of this Agreement commences on January 1, 2025, and terminates upon the completion of the Services or December 31, 2026, whichever occurs first.
7. Termination by City. City may terminate any portion or all of the Services by giving Contractor at least 30 calendar-days written notice. Upon receipt of a termination notice, Contractor shall immediately stop all work in progress on the 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.
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.
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
82 11. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by the City or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents and designated volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the services contemplated by this Agreement, or in connection with Contractor’s failure to comply with any of its obligations contained in this Agreement, except for such Liability caused by the sole active negligence or willful misconduct of City. Contractor’s obligations to hold harmless, indemnify, and defend shall not be excused because of Contractor’s inability to evaluate Liability or because Contractor evaluates Liability and determines that Contractor is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Contractor must respond within 30 days to the tender of any claim for defense and indemnity by the City. (a) 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.
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 Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
83 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.
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:
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
84 TO CITY: Attention: Jason Calkins-Public Works Supervisor-Facilities City of Livermore
3500 Robertson Park Road
Livermore, California 94550
TO CONTRACTOR: Attention: Mehdi Eskandar
Siemens Industry, Inc.
46897 Bayside Parkway, Suite 200
Fremont, CA 94538
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
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
85 In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date first written above.
CONTRACTOR: Dated:
____________________________ ___________________________ By: Viviana Seri
Title: Branch General Manager
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: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10 10/30/2024 | 12:30 AM PDT
EXHIBIT A
86 EXHIBIT A
SCOPE OF WORK
1 Siemens Industry, Inc. (“Contractor”) shall provide all the necessary labor, equipment, materials, supplies, and vehicles to perform the following services:
Burglar and Fire Alarm Monitoring Service
Contractor shall coordinate and administer off-site monitoring of burglar alarm, fire alarm and life safety systems via Contractor or a third-party UL Listed Central Monitoring Station. The fire procedures used in monitoring are in accordance with NFPA 72 and local authorities and can only be altered by the authority having jurisdiction such as the City or the Livermore Pleasanton Fire Department. Daily system tests are standard in fire monitoring to ensure the communication path is operational.
Fire Alarm System Testing and/or Inspection During Business Hours Monday to Friday 8:00 AM to 5:00 PM
Contractor shall perform testing and/or inspection of the covered fire life systems identified in this agreement by certified specialists using testing protocols specified by NFPA that are required for the facility and according to the listed frequency periods.
Necessary documentation detailing the results of the testing and inspection, including a list of deficiencies that are evident of being a potential fire and life safety compliance issue, shall be provided by Contractor to City upon completion of the tests.
Three (3) Quarterly NFPA25 sprinkler system inspections During Business Hours Monday to Friday
8:00 AM to 5:00 PM
Contractor shall perform the required quarterly inspection of the sprinkler systems throughout the City using NFPA 25/ Title 19 of the California Code of Regulations recommended functional test frequencies and methods.
One (1) Annual NFPA25 Sprinkler testing and inspections During Business Hours Monday to Friday
8:00 AM to 5:00 PM
Contractor shall perform the required annual test and inspection of the sprinkler systems, using NFPA 25/ Title 19 of the California Code of Regulations recommended functional test frequencies and methods. To complete the fire sprinkler inspections, Contractor must have access to all areas of the buildings the day of the inspection. Any return trips due to lack of access, shall be charged as additional cost. Any deficiencies and or repairs shall be noted and billed separately.
Emergency Onsite Response
Respond Onsite Within Next Business Day Monday to Friday 8:00 AM to 5:00 PM
Emergency Onsite Response shall be provided to reduce the costs and disruptions of downtime when an unexpected problem occurs. Contractor shall provide this service between scheduled service calls and respond onsite within the next business day, Monday to Friday, between 8:00 AM and 5:00 PM for critical emergencies conditions, upon receiving notification of an emergency. Critical emergencies are failures at a Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
87 EXHIBIT A
SCOPE OF WORK
2 system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non-emergency conditions are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions may be incorporated into the next scheduled service call or earliest availability.
Written Report of All Services Performed
Contractor shall complete a service report for each visit detailing the purpose of the call and summarizing the work that was performed.
COMPENSATION:
Refer to specific rate tables on following pages. Note, compensation for quarterly and annual sprinkler testing and inspection services are billed as one lump sum per facility as listed in the specific rate tables on the following pages.
Hourly rates for on-call work are subject to increase in line with any Sourcewell agreement rate increases. Pricing will need to be updated with Sourcewell rates should they change throughout the second year of this agreement. Pricing is based on performing fire alarm and sprinkler inspections in conjunction with one another. If the City requires the scope of work to be performed on separate visits, the pricing will be adjusted.
Holidays are defined as the following days: New Year's Day (January 1), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November), Day after Thanksgiving Day (fourth Friday in November), December 24, December 25, New Year's Eve (December 31).
No compensation shall be granted for travel time or parts procurement time.
Compensation for fixed price services (fire sprinkler testing and fire alarm testing) have been priced based on Contractor being able to perform work at multiple buildings in succession and that they are provided access by City in a timely manner.
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
88 EXHIBIT A
SCOPE OF WORK
3 Fire Alarm Testing 2025 2026
FA1 AIRWAY PUMP STATION: 930 Airway Blvd (no monitoring) $ 696.08 $ 734.37 FA2 ALTAMONT PUMP STATION: 8638 Patterson Rd (8756 Patterson Pass Road) $ 665.77 $ 702.39 FA3 CIVIC CENTER MEETING HALL-1016 S. Livermore Ave $ 1,526.09 $ 1,610.02 FA4 LIVERMORE MAINTENANCE SERVICE CENTER-3500 Robertson Park Rd. $ 3,796.82 $ 4,005.64 FA5 LABORATORY BUILDING $ 1,585.29 $ 1,672.48
FA6 LAVWMA PUMP STATION $ 665.77 $ 702.39
FA7 AIRPORT ADMINISTRATION BUILDING-680 Terminal Circle $ 1,520.44 $ 1,604.06 FA8 AIRPORT BUILDING N10-299 W. Jack London $ 1,100.31 $ 1,160.82 FA9 AIRPORT ELECTRICAL VAULT-636 Terminal Circle $ 503.66 $ 531.36 FA10 AIRPORT HANGER S1-636 Terminal Circle $ 503.66 $ 531.36 FA11 AIRPORT HANGER S2-636 Terminal Circle $ 4,184.25 $ 4,414.39 FA12 CITY HALL-1052 S. Livermore $ 2,479.57 $ 2,615.94
FA13 FIRE STATION #6-4550 East St. $ 1,898.42 $ 2,002.84 FA14 FIRE STATION #7-951 Rincon Ave. $ 1,208.78 $ 1,275.27 FA15 FIRE STATION #8-5750 Scenic Ave. $ 1,065.43 $ 1,124.03 FA16 FIRE STATION #9-1919 Cordoba Street $ 1,520.44 $ 1,604.06 FA17 FIRE STATION #10-330 Airway Ave. $ 689.64 $ 727.57 FA18 LIBRARY CIVIC CENTER-1188 S. Livermore Ave. $ 9,608.30 $ 10,136.75 FA19 LIBRARY RINCON-725 Rincon Ave. $ 503.66 $ 531.36
FA20 LIBRARY SPRINGTOWN-998 Bluebell Drive $ 503.66 $ 531.36 FA21 MULTI-SERVICE CENTER-3311 Pacific Ave. $ 2,495.04 $ 2,632.27 FA22 POLICE DEPARTMENT-1110 S. Livermore $ 1,937.16 $ 2,043.70 FA23 VALLEY CENTER PARKING-2350 Railroad Ave. $ 1,867.42 $ 1,970.12 FA24 OAKVILLE PUMP STATION: 6145 Oakville Lane (no monitoring) $ 696.08 $ 734.37 FA25 RAILROAD DEPOT-2500 Railroad Avenue $ 1,537.61 $ 1,622.18 FA26 I STREET GARAGE-175 I Street $ 1,190.67 $ 1,256.16 FA27 L STREET GARAGE- L Street $ 1,190.67 $ 1,256.16
FA28 VASCO PUMP STATION: 6186 Northfront Rd $ 665.77 $ 702.39 FA29 WATER BUILDING $ 1,585.29 $ 1,672.48
FA30 WATER RESOURCES ADMIN BUILDING-101 W. Jack London Blvd $ 2,402.38 $ 2,534.51 FA31 TRASH ENCLOSURE BLDG- 2100 VETERANS WAY $ 1,026.00 $ 1,082.43 Fire Alarm Testing Annual Cost 52,820.12 $ $ 55,725.23
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
89 EXHIBIT A
SCOPE OF WORK
4 Alarm Monitoring 2025 2026
AM1 AIRPORT ADMINISTRATION BUILDING-680 Terminal Circle $ 816.94 $ 861.88 AM2 AIRPORT ELECTRICAL VAULT F/S $ 693.17 $ 731.30
AM3 AIRPORT HANGARS NORTH 10 F/S $ 1,400.52 $ 1,477.55
AM4 AIRPORT HANGARS SOUTH 2 - 13 F/S $ 693.17 $ 731.30
AM5 AIRPORT SOUTH HANGAR S1 $ 693.17 $ 731.30
AM6 ALTAMONT PUMP STATION: 8638 Patterson Rd(8756 Patterson Pass Road) (not UL-Listed) $ 480.63 $ 507.06 AM7 CITY HALL BURG $ 663.78 $ 700.29
AM8 CITY HALL FIRE $ 693.17 $ 731.30
AM9 CIVIC CENTER MEETING HALL FIRE-1016 S. Livermore $ 816.94 $ 861.88 AM10 CIVIC CENTER MEETING HALL BURG- 1016 S. Livermore $ 1,107.15 $ 1,168.04 AM11 COMMUNICATIONS TOWER $ 480.63 $ 507.06
AM12 FIRE STATION #6 FIRE $ 693.17 $ 731.30
AM13 FIRE STATION #7 FIRE $ 480.63 $ 507.06
AM14 FIRE STATION #8 FIRE $ 693.17 $ 731.30
AM15 FIRE STATION #9 FIRE $ 816.94 $ 861.88
AM16 FIRESTATION #10 FIRE $ 693.17 $ 731.30
AM17 LAVWMA PUMP STATION (not UL-Listed) $ 480.63 $ 507.06 AM18 MAIN TERMINAL BURG $ 663.78 $ 700.29
AM19 MAINTENANCE SERVICE CENTER BURG $ 663.78 $ 700.29
AM20 MAINTENANCE SERVICE CENTER FIRE $ 693.17 $ 731.30
AM21 MAINTENANCE SERVICE CENTER FIRE BUILDING 3 $ 693.17 $ 731.30 AM22 MULTI SERVICE CENTER BURG $ 663.78 $ 700.29
AM23 MULTI SERVICE CENTER FIRE $ 693.17 $ 731.30
AM24 PARKING GARAGE FIRE $ 693.17 $ 731.30
AM25 POLICE DEPARTMENT BURG $ 202.20 $ 213.32
AM26 POLICE DEPARTMENT FIRE $ 693.17 $ 731.30
AM27 RAILROAD DEPOT-2500 RAILROAD AVENUE $ 816.94 $ 861.88 AM28 I STREET PARKING GARAGE-175 I Street $ 1,400.52 $ 1,477.55 AM29 L STREET GARAGE- L Street $ 1,400.52 $ 1,477.55
AM30 LIBRARY CIVIC CENTER BURG $ 663.78 $ 700.29
AM31 LIBRARY CIVIC CENTER FIRE $ 693.17 $ 731.30
AM32 LIBRARY RINCON BURG $ 663.78 $ 700.29
AM33 LIBRARY RINCON FIRE $ 693.17 $ 731.30
AM34 LIBRARY SPRINGTOWN BURG $ 663.78 $ 700.29
AM35 LIBRARY SPRINGTOWN FIRE $ 480.63 $ 507.06
AM36 TREVARNO PUMP STATION $ 480.63 $ 507.06
AM37 VASCO PUMP STATION: 6186 Northfront Rd (not UL-Listed) $ 480.63 $ 507.06 AM38 WATER RESOURCE BUILDING: 101 W. Jack London Blvd (not UL-Listed) $ 480.63 $ 507.06 AM39 TRASH ENCLOSURE BLDG- 2100 VETERANS WAY $ 1,193.00 $ 1,258.62 Alarm Monitoring Annual Cost 28,167.61 $ $ 29,716.84
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
90 EXHIBIT A
SCOPE OF WORK
5 Fire Sprinkler Testing 2025 2026
FS1 AIRPORT ADMINISTRATION BUILDING (new, 680 Terminal Circle) $ 2,333.22 $ 2,461.55 FS2 AIRPORT ADMINISTRATION BUILDING AND HANGARS (old, 636 Terminal Circle) $ 14,686.49 $ 15,494.25 FS3 AIRWAY PUMP STATION: 930 Airway Blvd $ 893.68 $ 942.83 FS4 ALTAMONT AIRWAY PUMP STATION-8638 Patterson Rd $ 893.68 $ 942.83 FS5 DOOLAN COMMUNICATION TOWER (Fire Suppression System, 3801 Doolan Road) $ 1,444.25 $ 1,523.68 FS6 LABORATORY BUILDING $ 2,164.93 $ 2,284.00
FS7 LAVWMA PUMP STATION $ 893.68 $ 942.83
FS8 OAKVILLE PUMP STATION: 6145 Oakville Lane $ 893.68 $ 942.83 FS9 VASCO PUMP STATION: 6186 Northfront Rd $ 893.68 $ 942.83 FS10 WATER BUILDING $ 2,479.51 $ 2,615.89
FS11 WATER RESOURCES BUILDING-101 W. Jack London Blvd $ 2,541.32 $ 2,681.09 FS12 FIRE STATION #6 $ 1,179.13 $ 1,243.98
FS13 FIRE STATION #7 $ 1,179.13 $ 1,243.98
FS14 FIRE STATION #8 $ 1,179.13 $ 1,243.98
FS15 FIRE STATION #9 $ 2,499.08 $ 2,636.53
FS16 FIRE STATION #10 $ 1,179.13 $ 1,243.98
FS17 POLICE STATION $ 2,358.26 $ 2,487.97
FS18 LIBRARY CIVIC CENTER-1188 S. LIVERMORE $ 2,358.26 $ 2,487.97 FS19 LIBRARY RINCON $ 2,358.26 $ 2,487.97
FS20 CITY HALL- 1052 S. LIVERMORE $ 1,768.70 $ 1,865.98 FS21 MAINTENANCE SERVICE YARD (COMPRISED OF 9 SEPARATE BUILDINGS) $ 10,612.16 $ 11,195.82 FS22 PARKING GARAGE $ 2,358.26 $ 2,487.97
FS23 CIVIC CENTER MEETING HALL-1016 S. Livermore $ 2,846.14 $ 3,002.68 FS24 RAILROAD DEPOT $ 2,906.63 $ 3,066.50
FS25 I STREET GARAGE- 175 I STREET $ 2,116.13 $ 2,232.52 FS26 L STREET GARAGE- L Street $ 2,116.13 $ 2,232.52
FS27 TRASH ENCLOSURE BLDG- 2100 VETERANS WAY $ 1,776.00 $1,873.68 Sprinkler Service Annual Cost 70,908.66 $ $ 74,808.64
2025 2026
TOTAL ANNUAL COST FOR ROUTINE SERVICE $ 151,896.40 $ 160,250.70 All proposed costs above are based on performing fire alarm and sprinkler inspections in conjunction of one another. If the City requires the SOW (scope of work) to be performed on separate visits, pricing will need to be adjusted to account for fire alarm technician at FACP for all of the buildings which will increase the overall cost. Scope is per NFPA72 & NFPA25/ title 19 requirements and testing methods. Pricing will need to be updated with Sourcewell rates should they change throughout the 2nd year of this agreement. Above listed price per building/service is a rough breakdown per customer's request. Pricing adjustments will be needed should the total scope of services/buildings change. Pricing is also based on the City providing adequate personnel to provide access during inspections. Any delays in excess of 15 mins may need to be billed on a change order.
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
91 EXHIBIT A
SCOPE OF WORK
6 RATES FOR ADDITONAL MAINTENANCE WORK
FIRE TECH HOURLY RATES FOR ADDITIONAL WORK 2025 2026
Regular Time $ 198.36 $ 208.89
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) $ 297.54 $ 313.90 Sundays/Holidays (Double Time) $ 396.72 $ 418.54
FIRE PROJECT MANAGEMENT HOURLY RATES FOR ADDITIONAL WORK Regular Time $ 236.76 $ 249.78
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) $ 355.14 $ 374.67 Sundays/Holidays (Double Time) $ 473.52 $ 499.56
SPRINKLER FITTER HOURLY RATES FOR ADDITIONAL WORK
Regular Time $ 275.15 $ 290.28
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) $ 412.73 $ 435.43 Sundays/Holidays (Double Time) $ 550.30 $ 580.57
SECURITY TECH HOURLY RATES FOR ADDITIONAL WORK
Regular Time $ 207.32 $ 218.72
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) $ 310.98 $ 328.08 Sundays/Holidays (Double Time) $ 414.64 $ 437.45
SECURITY PROJECT MANAGEMENT TECH HOURLY RATES FOR ADDITIONAL WORK Regular Time $ 240.60 $ 253.83
After-Hours (Mon-Fri 8AM-5PM & Sat 8AM-5PM) $ 360.90 $ 380.75 Sundays/Holidays (Double Time) $ 481.21 $ 507.68
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
92 EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
93 2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as ISO Form CG 20 10 04 13. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Livermore before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
3. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Consultant’s/Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party before expiration of the policy unless notice is delivered in accordance with policy provisions.
6. It shall be a requirement under this agreement that any available insurance proceeds broader than, or in excess of, the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
7. Certificate Holder section of the insurance certificate should read: City of Livermore, 1052 S. Livermore Avenue, Livermore, CA 94550 Verification of Coverage
Consultant/Contractor shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
Docusign Envelope ID: 01A1EEE0-E479-4CFD-95CC-60B1725A1F10
EXHIBIT A
94 CITY COUNCIL STAFF REPORT ITEM NO. 5.4
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution accepting public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract Map 8358 located at Chestnut Street and North N Street for the construction of 44 townhomes by Taylor Morrison of California, LLC for permanent maintenance and authorizing release of security, and accepting offer of dedication for public utility and emergency vehicle access easement.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1. Accepting Tract Map 8358 public improvements for permanent maintenance;
2. Accepting, on behalf of the public, all real property offered for dedication within Tract 8358, including Public Utility Easement (PUE), and Emergency Vehicle Access Easement (EVAE); and
3. Authorizing release of security provided for construction of the public improvements.
SUMMARY
On July 13, 2020, final Tract Map 8358 was approved by the City Council with a Subdivision Improvement Agreement and security for the construction of public infrastructure to serve 44 townhomes. The public improvements for the project include Chestnut Street and North N Street frontage improvements with public utility work. The developer, Taylor Morrison of California, LLC, has completed the public improvements to the satisfaction of the City Engineer. The City Council can now accept Tract Map 8358 public improvements for permanent maintenance, release security, and accept previously rejected offers of dedication.
DISCUSSION
Tract Map 8358 consists of 44 townhomes and is located at Chestnut Street at North N Street within the Downtown Specific Plan area. On July 13, 2020, final Tract Map 8358 was approved by City Council with a Subdivision Improvement Agreement and security for public improvements. At that meeting, Council also rejected the offers of dedication for the following easements made on Tract Map 8358:
Public Utility Easement (PUE), and
95 Emergency Vehicle Access Easement (EVAE).
The City Council retained the right to accept the offers of dedication at a later date when the improvements were complete.
Taylor Morrison of California, LLC has fulfilled all of the obligations as described in the Conditions of Approval and Subdivision Improvement Agreement for Tract Map 8358 to the satisfaction of the City Engineer. The public improvements for the project include Chestnut Street and North N Street frontage improvements with public utility work. The City Council can now accept Tract Map 8358 for permanent maintenance, accept offers of dedication that were previously rejected, and release the security that was provided as surety for these public improvements as specified in the Subdivision Improvement Agreement.
FISCAL AND ADMINISTRATIVE IMPACTS
The estimated annual operations and replacement costs for the public infrastructure, including sidewalk, curb and gutter, pavement and public utilities is approximately $10,000. These costs will be partially offset by property taxes generated by the project. Utility maintenance will be funded with user fees. As part of the Downtown Landscape Maintenance District, homeowners within this tract will also be assessed annually to provide a portion of funds to maintain public amenities within the Downtown Specific Plan.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
9: Facilitate new development consistent with the City's General Plan
ATTACHMENTS
1. Vicinity Map
2. Resolution
Prepared by: Debbie Salgado
Senior Civil Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
96 Vicinity Map
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. 2,000 Livermore IT, GIS Services 333.3
1: NAD_1983_StatePlane_California_III_FIPS_0403_Feet
166.67 Feet 0 333.3
4/6/2020 10:55:11
AM
Prepared:
Notes:
Scale:
ATTACHMENT 1
97 RESOLUTION NO. _______
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
EXEMPT FROM FILING FEES PURSUANT TO
GOV. CODE § 27383
CITY CLERK
CITY OF LIVERMORE
1052 S. LIVERMORE AVENUE
LIVERMORE, CA 94550
Space Above This Line For Recorder’s Use Only
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS CONSTRUCTED
PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 8358 LOCATED AT CHESTNUT STREET AND NORTH N STREET FOR THE CONSTRUCTION OF 44 TOWNHOMES BY TAYLOR MORRISON OF CALIFORNIA, LLC FOR PERMANENT MAINTENANCE; AUTHORIZING RELEASE OF SECURITY;
AND ACCEPTING OFFER OF DEDICATION OF PUBLIC UTILITY AND
EMERGENCY VEHICLE ACCESS EASEMENTS
(Taylor Morrison of California, LLC - Tract 8358)
On July 13, 2020, the City Council adopted Resolution No. 2020-109 approving Tract Map 8358 and authorizing the execution of a Subdivision Improvement Agreement with Taylor Morrison of California, LLC for the construction of public infrastructure to serve 44 townhomes. The Subdivision Improvement Agreement for Tract Map 8358 was recorded under Series No. 2020190961, dated August 6, 2020, Official Records of Alameda County, California.
The City Engineer of the City of Livermore has filed with the City Clerk a report in writing that all public improvements constructed pursuant to the Subdivision Improvement Agreement for Tract 8358 have been completed by Taylor Morrison of California, LLC to the City of Livermore’s standards and are now ready for acceptance by the City of Livermore for permanent maintenance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. The City Council hereby accepts all public improvements required to have been constructed pursuant to the Subdivision Improvement Agreement for Tract 8358, recorded under Series No. 2020190961, dated August 6, 2020, Official Records of 98 RESOLUTION NO. _______
Alameda County, California (“Subdivision Improvement Agreement”).
2. The faithful performance bond guaranteeing the Subdivision Improvement Agreement is hereby released.
3. The labor and materials bond guaranteeing the Subdivision Improvement Agreement shall, six months after the date of this resolution, be reduced to an amount equal to the amount of all claims filed and of which notice has been given to the City of Livermore. The balance of the bond shall be released upon the settlement of all such claims and obligations for which the security was given.
4. The security for the guarantee and warranty of the work under the Subdivision Improvement Agreement shall remain in effect for one year from the date of this resolution. The contractor/developer is required to reconstruct any deficiencies that occur and to repair or replace defective materials during the maintenance period.
5. Pursuant to Government Code sections 7050 and 66477.2, the City hereby rescinds its earlier action taken on July 13, 2020 to reject the offer of dedication of the Public Utility Easement and Emergency Vehicle Access Easement, and accepts the offer of dedication of the Public Utility Easement and Emergency Vehicle Access Easement for public purposes made on Tentative Tract Map 8358, recorded in the Office of the County Recorder on August 6, 2020, under Series Number 2020190961.
The City Clerk is directed to record this resolution in the office of the Alameda County Recorder.
On motion of Council Member ___________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on November 25, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
______________________________ /s/ Molly A. O’Toole_________________ Deborah L. Elam Molly A. O’Toole
City Clerk Deputy City Attorney
99 CITY COUNCIL STAFF REPORT ITEM NO. 5.5
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution authorizing execution of a second amendment to the agreement with Cannon Corporation for additional commissioning support during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019-31, increasing the not-to-exceed contract amount from $231,026 to $324,171, with a term ending December 31, 2027.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1. Authorizing the City Manager to execute a second amendment to the agreement with Cannon Corporation increasing the not-to-exceed contract amount from $231,026 to $324,171 for additional commissioning support services during construction of the WRP Primary and Secondary Treatment Improvements, Project No. 2019-31; and
2. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed amendment.
SUMMARY
The WRP Primary and Secondary Treatment Improvements Project No. 2019-31 involves rehabilitation and process improvements to the primary and secondary treatment processes at the City of Livermore (City) Water Reclamation Plant (WRP). The existing primary and secondary treatment facilities are monitored and controlled by the WRP supervisory control and data acquisition (SCADA) system.
Construction of the improvements to the WRP primary and secondary treatment facilities requires integration of these improvements into the existing SCADA system. This second amendment with Cannon Corporation provides for additional commissioning support services required to address unforeseen programming conditions and to accommodate the construction schedule for the project. This second amendment in the amount of $93,145 increases the total amount of the professional services agreement from $231,026 to $324,171.
DISCUSSION
100
Both the 2012 WRP Master Plan and the 2016 WRP Asset Management Plan identify aging infrastructure within the Water Reclamation Plant (WRP) primary and secondary treatment systems.
Process improvements are also recommended in the 2012 WRP Master Plan. The WRP Primary and Secondary Treatment Improvements Project No. 2019-31 (project) involves constructing the highest priority improvements. The areas of proposed improvements are shown on Attachment 1.
The project includes replacing the following equipment:
Influent screw pumps,
Pre-aeration tank blowers and gates,
Primary sedimentation tank sludge collection mechanisms, skimmers, and gates, Primary effluent pumps,
Odor control treatment system and equipment covers,
Secondary Clarifier No. 2 sludge collection mechanism, bridge, and gates, and Two motor control centers.
Additional improvements include the following:
Repairing the concrete and coating channels and tanks in the headworks and primary treatment systems and Secondary Clarifier No. 2,
Upsizing the odor control treatment system, adding additional odor covers, and increasing ventilation,
Partial replacement of various electrical boxes throughout the WRP, and Associated electrical conduit duct, paving, instrumentation, and controls work.
The existing primary and secondary treatment facilities are monitored and controlled by the WRP supervisory control and data acquisition (SCADA) system. Construction of the improvements to the WRP primary and secondary treatment facilities will require integration of these improvements into the existing SCADA system.
On August 3, 2022, the City entered into a professional services agreement with Cannon Corporation (Consultant) to provide programming support to integrate the new and replaced equipment into the existing SCADA system during construction of the project. On November 29, 2023, the City and Cannon Corporation amended the agreement to increase the scope of services to include additional programming support services. The original and amended scope of services included six (6) site visits to support commissioning. To date, the Consultant has conducted eight (8) site visits, with additional site visits required through the completion of construction. Additional commissioning support services are required to address unforeseen programming conditions and to accommodate the construction schedule for the project, which involves more commissioning events than was anticipated. The additional commissioning support is required to address the following unforeseen activities:
Programming Allen Bradley E-300 smart overloads in MCC-A, Changes to the Primary Effluent Pumps programming logic, Integrating temporary controls for the wastewater bypass system, Reverse engineering the existing PLC programming to develop control strategy narratives not available with existing WRP documentation.
Accordingly, staff recommends that the original agreement and first amendment should be further 101
amended to address these additional commissioning support services required through the completion of construction. The second amendment in the amount of $93,145 increases the total amount of the professional services agreement from $231,026 to $324,171.
FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the WRP Primary and Secondary Treatment Improvements Project No. 2019-31 in the 2023-2028 5-Year Capital Improvement Plan covers the cost of this second amendment and all other project costs; therefore, no additional appropriations are necessary. Funding is from the Water Resources Replacement Fund 239 and the Sewer Connection Fees Fund 241.
COMMUNITY PILLAR
1: A Safe Community That Thrives.
GOAL
11: Operate and maintain municipal water systems that provide safe, efficient delivery of potable and recycled water, collect and treat wastewater, and comply with all federal, state, and local regulations.
GUIDING DOCUMENT
Fiscal Year 2023-2028 5-Year Capital Improvement Plan.
ATTACHMENTS
1. Site Plan
2. Resolution
3. Exhibit A - Second Amendment to Agreement with Cannon Corporation Prepared by: Vincent Sendaydiego
Junior Engineer
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
102
SITE PLAN
Location of Primary and
Secondary Improvements
ATTACHMENT 1
103
RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT
TO THE PROFESSIONAL SERVICES AGREEMENT WITH CANNON CORPORATION
FOR ADDITIONAL COMMISSIONING SUPPORT DURING CONSTRUCTION OF THE
WRP PRIMARY AND SECONDARY TREATMENT IMPROVEMENTS PROJECT NO. 2019-31, INCREASING THE NOT-TO-EXCEED CONTRACT AMOUNT FROM $231,026 TO $324,171, WITH A TERM ENDING DECEMBER 31, 2027 On August 3, 2022, the City of Livermore (“City”) entered into an agreement with Cannon Corporation to provide programming support during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019-31. On November 29, 2023, the City and Cannon Corporation amended the agreement to increase the scope of services to include additional programming support services to incorporate standardization and improved applications required for the City’s Water Reclamation Plant (“WRP”) supervisory control and data acquisition (“SCADA”) system.
Staff recommends the agreement be further amended to increase the amount of the agreement by $93,145 to a not-to-exceed total amount of $324,171 for additional commissioning support services required to address unforeseen programming conditions and to accommodate the construction schedule for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Council:
1. Authorizes the City Manager to execute a second amendment to the professional services agreement with Cannon Corporation, attached hereto as Exhibit A, increasing the not-to-exceed contract amount from $231,026 to $324,171 for additional commissioning support services during construction of the WRP Primary and Secondary Treatment Improvements Project No. 2019-31; and
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed amendment.
On motion of Council Member _________________________, seconded by Council Member ________________________, the foregoing resolution was passed and adopted on November 25, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
104
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_________________________ /s/ Tara Mazzanti_____________ Deborah L. Elam Tara Mazzanti
City Clerk Assistant/City Attorney
Exhibit A – Second Amendment to Agreement with Cannon Corporation 105
Amendment - Professional Services Agreement Page 1
Rev. 09/19/23
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT is made and entered into this ____ day of ________, 2024, by and between the City of Livermore (“City”), a municipal corporation, and Cannon Corporation (“Consultant”), a California corporation.
RECITALS
On August 3, 2022, City and Consultant entered into an agreement for Consultant to provide professional PLC/SCDA programming services to City (“Original Agreement”). Section 21 of the Original Agreement requires that any modifications to it must be in writing and signed by the parties.
On November 29, 2023, City and Consultant amended the Original Agreement to add to the scope of services and to increase compensation by $118,126. This was the First Amendment to the Original Agreement.
City and Consultant now desire to amend the Original Agreement and First Amendment to add to the scope of services and increase compensation by $93,145.
This is the Second amendment to the Original Agreement.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. The Original Agreement is amended as follows:
A. Section 3 of the Original Agreement is amended to read as follows:
Description of Services.
Consultant shall provide all necessary labor, materials, equipment, and supplies to integrate SCADA control and monitoring of the City’s WRP Primary and Secondary Improvements Project into the existing WRP SCADA network, to implement the Rockwell Automation PlantPAx templates for both PLC and SCADA applications, and to provide commissioning support for Allen Bradley E-300 smart overloads, Primary Effluent Pumps logic changes, bypass temporary controls integration, and development of control strategies as more particularly set forth in Exhibit “A” to the Original Agreement, Exhibit “A-1” to the First Amendment, and Exhibit “A-2” to this Second Amendment (collectively “the Services”).
B. Section 5(a) of the Original Agreement is amended to read as follows:
The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $324,171 (“not-to-exceed amount”).
Docusign Envelope ID: 651CE4CF-BD12-41FD-AEF2-35DCA6F87860 EXHIBIT A Page 1 of 5
106
Amendment - Professional Services Agreement Page 2
Rev. 09/19/23
1. The compensation payable by the City to Consultant for the Services required by Exhibit “A” to the Original Agreement SHALL NOT EXCEED the sum of $112,900.
2. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-1” to the First Amendment SHALL NOT EXCEED the sum of $118,126.
3. The compensation payable by the City to the Consultant for the Services required by Exhibit “A-2” to the Second Amendment SHALL NOT EXCEED the sum of $93,145.
City shall compensate Consultant for the Services rendered at the hourly rates, task amounts, or travel expenses set forth in Exhibit “A” to the Original Agreement, Exhibit “A-1” to the First Amendment, and Exhibit “A2” to this Second Amendment up to the not-to-exceed amount. Except as provided in the body of the Agreement, the hourly rates, task amounts, or travel expenses are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Service.
2. These amendments are prospective and only apply to the Services rendered by Consultant after the execution of this Amendment. Unless otherwise stated herein, this Amendment does not relieve the parties of the terms and conditions of the Original Agreement as written and in effect at the time the Services were rendered.
3. Except as amended above, the Original Agreement remains in full force and effect.
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107
Amendment - Professional Services Agreement Page 3
Rev. 09/19/23
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:
____________________________ ___________________________ Jeff Spannbauer, PE
Director, Automation & Electrical Engineering Division
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-2" - Additional Scope of Services
Docusign Envelope ID: 651CE4CF-BD12-41FD-AEF2-35DCA6F87860 9/24/2024 | 8:24 AM PDT
EXHIBIT A Page 3 of 5
108
Exhibit A-2 Page 1
EXHIBIT “A-2”
(Additional Scope of Services)
Consultant shall assist the City with the WRP Primary and Secondary Treatment Improvements project (CIP 2019-31) by providing additional commissioning support outside of the original scope. A detailed description of the Additional Scope of Services, Compensation, and Schedule follows.
ADDITIONAL SCOPE OF SERVICES:
The original scope of services included six (6) site visits to support commissioning. To date, the Consultant has conducted eight (8) site visits, with additional site visits required through the completion of construction. The additional commissioning support was required to address unforeseen programming conditions and to accommodate the construction schedule, which included temporary control conditions to accommodate continued plant operations during construction. The additional commissioning support included activities related to the following:
• Programming Allen Bradley E-300 smart overloads in MCC-A. • Changes to the Primary Effluent Pumps programming logic. • Integrating temporary controls for the wastewater bypass system. • Reverse engineering the existing PLC programming to develop control strategy narratives not available with existing WRP documentation.
Consultant shall provide all necessary labor, materials, equipment, and supplies to perform eight (8) additional site visits (two past and six future) for ongoing commissioning support.
COMPENSATION:
City shall compensate Consultant for the services described in the Additional Scope of Services on a time and materials basis with a not-to-exceed amount of $93,145. A detailed breakdown of the estimated cost is included in the following table and rates are included at the end of this Exhibit A-2.
Additional Scope of Services
Task 8 – Additional Commissioning Support Site Visits $ 93,145 Total – Additional Scope of Services $ 93,145
SCHEDULE:
Consultant shall commence with the Additional Scope of Services upon execution of the amendment to the agreement and will provide the services described in the Scope of Services for the duration of the project or December 31, 2027, whichever occurs first.
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109
Exhibit A
-2 Page 2
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110
CITY COUNCIL STAFF REPORT ITEM NO. 5.6
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Jeramy Young, Police Chief
SUBJECT: Resolution authorizing receipt of funds in the amount of $82,179 from the California Department of Justice, Office of Attorney General, Tobacco Law Enforcement Grant program, authorizing the execution of a Memorandum of Understanding, and the appropriation of the $82,179 grant award.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1. Authorizing acceptance of funds, in the amount of $82,179, for a California Department of Justice, Office of Attorney General, Tobacco Law Enforcement grant as follows: FY 2024-25 = $26,327, FY 2025-26 = $27,379, and FY 2026-27 = $28,473;
2. Authorizing the City Manager to execute the grant agreement; and
3. Approving a supplemental appropriation of $26,327 in the Police Department's budget for FY 2024-25 to support the execution of year one of the grant.
SUMMARY
The Police Department applied for, and was awarded, a Tobacco Law Enforcement Grant from the State of California Department of Justice, Office of Attorney General in the amount of $82,179 for the period November 1, 2024 through June 20, 2028.
DISCUSSION
On July 8, 2019, the City Council adopted Ordinance 2088, which added Chapter 5.50 Tobacco Retail Licensing to the Livermore Municipal Code (LMC). LMC 5.50 requires the licensure of tobacco retailers and bans sales of all tobacco products within 1,000 feet of youth populated areas including schools. On February 26, 2024, the City Council amended LMC 5.50 to update retailer definitions, add inspection capabilities, and seizure of evidence capabilities.
In response to this ordinance, and to facilitate its enforcement, the Livermore Police Department applied for, and was awarded, a Tobacco Law Enforcement Grant from the State of California Department of Justice which allows funding for officer overtime to conduct the following activities as a requirement of 111
the grant:
Tobacco related enforcement operations at licensed retailer locations Minor decoy operations
“Shoulder tap” operations to identify adults purchasing tobacco for minors Monitoring of tobacco retailer licenses, premises inspections and compliance checks Undercover buy operations
Enforcement Officer education about tobacco laws and ordinances Working with the Alameda County District Attorney's Office Investigator for prosecution of tobacco retailers violating state law
FISCAL AND ADMINISTRATIVE IMPACTS
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 $26,327 appropriation to the Police Department's FY 2024- 25 budget in account 240-32100-45100 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 Justice, Office of Attorney General will be handled by the supervisor of the Crime Prevention Unit Sergeant and Lieutenant, and financial reporting by the Police Business Manager.
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 - Department of Justice, Office of Attorney General MOU Prepared by: Deirdre Ramsey
Business Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
112
RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING RECEIPT OF FUNDS IN THE
AMOUNT OF $82,179 FROM THE STATE OF CALIFORNIA DEPARTMENT OF
JUSTICE, OFFICE OF ATTORNEY GENERAL, TOBACCO LAW ENFORCEMENT
GRANT PROGRAM AND AUTHORIZING EXECUTION OF THE MEMORANDUM OF
UNDERSTANDING
The City of Livermore has been awarded $82,179 in grant funds from the State of California Department of Justice (DOJ), Office of Attorney General to further its commitment to enforcement efforts related to the responsible sale of tobacco products.
The City of Livermore Police Department intends to utilize the grant funds to conduct tobacco related enforcement operations, minor decoy operations, shoulder tap operations, monitoring tobacco retailer licenses, premise inspections and compliance checks, undercover buy operations, officer enforcement education, and prosecution of tobacco retailers violating state law.
Funding for this grant must be appropriated in the FY 2024-25, FY 2025-26, and FY 2026-27 budgets and will be received on a reimbursement basis from the State of California.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby authorizes the City Manager, on behalf of the City of Livermore, to execute the Memorandum of Understanding, attached hereto as Exhibit A, for receipt of grant funds from the State of California Department of Justice, Office of Attorney General and authorizes the City Manager to execute any amendment to the agreement necessary to ensure receipt of grant funds.
BE IT FURTHER RESOLVED by the City Council of the City of Livermore that it hereby authorizes the receipt of State of California Department of Justice, Office of Attorney General grant funds, in the amount of $82,179, consistent with the terms and conditions of the grant and authorizes a supplemental appropriation in the amount of $26,327 for FY 2024-25.
On motion of Council Member ___________________, seconded by Council Member ____________________, the foregoing resolution was passed and adopted on November 25, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
113
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Katherine Mirassou________ Deborah L. Elam Katherine Mirassou
City Clerk Deputy City Attorney
Exhibit A - Department of Justice, Office of Attorney General MOU DOJ-PROP56-2024- 25-1-034
114
Tobacco Grant Program
Grant Services Branch – Local Assistance
Division of Operations
Livermore Police Department DOJ-PROP56-2024-25-1-034
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Livermore Police Department (“Grantee”), for the purpose of disbursing grant funds to Grantee for reimbursement of expenditures in compliance with the California Code of Regulations and the Fiscal Year 2024-25 Grantee Handbook.
Commencing January 1, 2023, the California Code of Regulations, Title 11, Division 1, Chapter 5:
Department of Justice Tobacco Grant Program (“TGP Regulations”) shall govern the policies and procedures of the Tobacco Grant Program.
The TGP Regulations, Request for Proposals, Grantee Handbook (dated April 2024), and Summary of Award document are hereby incorporated by reference into this MOU. Grantee will expend funds for the purposes identified in the approved Summary of Award document. Reimbursements are to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016, approved by the voters as Proposition 56.
COST REIMBURSEMENT
DOJ agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document. Reimbursements for line items in the approved Budget Detail will be made upon receipt of invoices from Grantee and approval of the invoices by DOJ, in accordance with the reimbursement procedures set forth in the TGP Regulations and Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed, if the Budget Act of the current fiscal year and/or any subsequent years covered under the MOU does not appropriate sufficient funds, the MOU shall be of no further force and effect.
In the event this situation occurs, DOJ shall have no liability to reimburse/pay any funds to Grantee, or to furnish any other considerations under this MOU. As well, Grantee shall not be obligated to continue performing the provisions of this MOU, for which the Grantee would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, DOJ shall have the option to either cancel this MOU with no liability occurring to DOJ or offer an addendum to the Grantee to reflect the reduced amount.
EXHIBIT A
115
Livermore Police Department DOJ-PROP56-2024-25-1-034
PROJECT BREACH-TERMINATION
Failure of a Grantee to comply with this MOU or the TGP Regulations shall be treated by DOJ as a breach of contract. If an act of noncompliance occurs, DOJ may take actions described within the TGP Regulations, including termination. DOJ may terminate this MOU and be relieved of any obligation to disburse grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.
MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing and signed by the duly authorized representatives of the parties.
Assignment – This MOU is not assignable by Grantee in whole or in part.
Indemnification – Grantee agrees to indemnify and hold harmless DOJ, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.
Certifications – Grantee certifies that it does not receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products. Grantee further certifies that grant funds will not supplant existing state or local funds dedicated for the same purpose.
TERMS
Grant Duration: 11/1/2024 – 6/30/2028
Award Amount
Category of Expenditure Budget
FY 2024-2025
Budget
FY 2025-2026
Budget
FY 2026-2027
Budget
FY 2027-2028
Personal Services $26,327 $27,379 $28,473 $
Operating Expenses and
Equipment $0 $0 $0 $
Administrative Costs (Not to
Exceed 5%) $0 $0 $0 $
TOTAL AWARD AMOUNT $82,179
The time limit for reimbursements against this award ends 6/30/2028. Requests for reimbursement received after 7/15/2028 cannot be considered by DOJ.
GRANTEE CONTACT INFORMATION
Deirdre Ramsey, Police Business Manager
Livermore Police Department
1110 S Livermore Avenue
Livermore, CA 94550
925-371-4718
[email protected]
EXHIBIT A
116
Livermore Police Department DOJ-PROP56-2024-25-1-034
AUTHORIZATION
DOJ and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be e-mailed to [email protected], care of the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties. ___________________________________ ___________________ NAME: Marianna Marysheva Date
Title: City Manager
Agency: City of Livermore
APPROVED AS TO FORM:
___________________________________ ___________________ NAME: Katherine Mirassou Date
Title: Deputy City Attorney
Agency: City of Livermore
___________________________________ ___________________ NAME: Deborah L. Elam Date
Title: City Clerk
Agency: City of Livermore
______________________________ ___________________
JENNIFER IVERY JOHNSON, Grant Manager Date
Division of Operations
California Department of Justice
___________________________________ ___________________ NICOLE LEARNED, Administrative Manager Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, Chief Date
Division of Operations
California Department of Justice
EXHIBIT A
117
TOBACCO GRANT PROGRAM
GRANTEE HANDBOOK
APRIL 2024
ROB BONTA
Attorney General
OFFICE OF THE ATTORNEY GENERAL
EXHIBIT A
118
HANDBOOK FOR GRANTS MADE BY THE CALIFORNIA DEPARTMENT OF JUSTICE (DOJ) TO LOCAL AGENCIES UNDER PROPOSITION 56, THE HEALTHCARE, RESEARCH AND PREVENTION TOBACCO TAX ACT OF 2016 (ACT)
All items contained in this Handbook are subject to change.
EXHIBIT A
119
1 TABLE OF CONTENTS
GRANT TERMS AND CONDITIONS ....................................................................... 3 Award Acceptance ............................................................................................................. 3 Required Opening Documents.............................................................................................................. 3 Grant Agreement.................................................................................................................................. 4 Start of Grant Activities......................................................................................................................... 4 Declination of Award ............................................................................................................................ 4 Performance Compliance, Audit, and Responsibility........................................................... 4 Reviews of Performance and Compliance ............................................................................................ 4 Non-Assignment.................................................................................................................................... 4 Procurement of Goods or Services....................................................................................................... 4 Supplanting ........................................................................................................................................... 5 Overpayment of Funds ......................................................................................................................... 5 Project Income...................................................................................................................................... 5 Non-Use of Funds.................................................................................................................................. 5 Non-Compliance ................................................................................................................................... 6 Withholding of 10% Pending Closeout ................................................................................................. 6 Audits.................................................................................................................................................... 6 DOJ Grant Management..................................................................................................... 7 Access.................................................................................................................................................... 7 Funding.............................................................................................................................. 7 Cost Criteria....................................................................................................................... 7 Allowable .............................................................................................................................................. 7 Reasonable............................................................................................................................................ 8 Allocable................................................................................................................................................ 8 Project Costs...................................................................................................................... 8 Personal Services (Personnel)............................................................................................................... 8 Operating Expenses and Equipment..................................................................................................... 8 Administrative Costs...........................................................................................................................10 Restricted Items............................................................................................................... 10 Record and Materials Maintenance.................................................................................. 11
EXHIBIT A
120
2 Records Retention Period ...................................................................................................................11 Records to Maintain............................................................................................................................11 Tobacco Products................................................................................................................................11 Equipment...........................................................................................................................................11 Use of Submitted Data ..................................................................................................... 11 Public Records Act Notice................................................................................................. 12 GRANT MANAGEMENT .....................................................................................13 Invoicing .......................................................................................................................... 13 Invoice Packages................................................................................................................................. 13 Other Requirements ...........................................................................................................................13 Invoicing Frequency and Deadlines ....................................................................................................13 Reporting Requirements.................................................................................................. 14 Quarterly Progress Reports.................................................................................................................14 Enforcement Data Requirement.........................................................................................................14 Reporting Frequency and Deadlines...................................................................................................14 Modifications................................................................................................................... 14 Budget Modifications..........................................................................................................................14 Grant Modifications............................................................................................................................15 Extensions...........................................................................................................................................15 Closeout .......................................................................................................................... 15 DEFINITIONS .....................................................................................................16
EXHIBIT A
121
3 GRANT TERMS AND CONDITIONS
By accepting these funds, your agency agrees to comply with, and be bound by, the conditions set forth in the Memorandum of Understanding (MOU) and documents incorporated by reference including the Request for Proposals (RFP), Program Regulations, Summary of Award, and this Handbook.
AWARD ACCEPTANCE
REQUIRED OPENING DOCUMENTS
Agencies must complete and submit each of the following documents in order to receive reimbursement from DOJ. Documents should be sent via email to [email protected].
Letter of Intent
Your award is not final upon initial notification. A Letter of Intent (LOI) to accept the award will be attached to the award notification. An awarded agency must affirm that either (1) it will seek a resolution to accept the award, if your agency has a governing body, or (2) no governing body exists and no resolution is required.
In order to officially accept the award, an awarded agency must return the completed, signed LOI within 15 calendar days of the date of the award letter.
Governing Body Resolution
If the awarded agency has a governing body from which it requires approval, the agency must submit a resolution from this governing body to DOJ in order to formally accept the grant. Once notified of selection, the awarded agency should promptly request the resolution to avoid funding delays.
The resolution must authorize the applicant to enter into agreement with DOJ, incur grant-related expenses, and receive reimbursement for those expenses. Also, the resolution should expressly authorize future amendments, if any, for the purpose of increasing funding provided in the original Grant Agreement, without an additional resolution from the governing body.
Government Taxpayer ID Form
The Governmental Taxpayer ID form is required in order for DOJ to reimburse your agency for grant expenses.
Summary of Award
The Summary of Award must be completed to reflect any reductions, restrictions, or requested revisions communicated by DOJ.
Memorandum of Understanding (MOU)
In order to be eligible for reimbursement of expenditures under the grant and start grant activities, an MOU between DOJ and the awarded agency is required. The MOU must be approved by a duly authorized representative of your agency or your agency’s governing body.
The MOU and other accompanying documents must be returned to DOJ via email to [email protected] within 90 calendar days of receipt.
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4 GRANT AGREEMENT
The Grant Agreement represents the final agreement between DOJ and a Grantee that sets forth the terms and conditions of the Grant. The Grant Agreement includes the executed MOU, Request for Proposals (RFP) and associated documents, Summary of Award, Budget Detail, and this Handbook.
START OF GRANT ACTIVITIES
As noted above, prompt action to obtain the Governing Body Resolution (if the agency has a governing body) is imperative to start activities in a timely manner.
Once DOJ has signed the fully-executed MOU and verified that all required opening documents have been completed, the Grantee may begin funded activities and be eligible for reimbursement of expenditures.
DECLINATION OF AWARD
DOJ will consider an award declined in one the following instances:
• Failure to return the LOI within 15 calendar days of the date of the Award Letter; • Failure to execute the MOU and any other required documents within 90 calendar days of the date sent by DOJ; or
• Written notification from the awarded agency that they do not wish to accept the grant award.
PERFORMANCE COMPLIANCE, AUDIT, AND RESPONSIBILITY
REVIEWS OF PERFORMANCE AND COMPLIANCE
Grants and funding are subject to performance compliance reviews by DOJ and/or its designee in the form of site visits and other meetings, interviews with Grantees, contractors and other stakeholders, and review of relevant documents.
NON-ASSIGNMENT
The Grantee is the responsible agency and may not transfer or assign the grant to another entity.
PROCUREMENT OF GOODS OR SERVICES
The Grantee shall follow its own written procurement policies and procedures when procuring goods or services for activities relating to performance of the grant. All documents related to the procurement of goods or services shall be maintained by the Grantee for the records retention period of five years and copies shall be provided to DOJ when requesting reimbursement.
Use of Contractors
Grantees may contract for services under the following conditions:
• Contractor services must be clearly included within the Grantee’s approved Summary of Award and limited to the purpose of achieving the grant objectives specified.
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5 • Grantees shall have a written agreement with each contractor and, prior to execution, shall submit a copy of the agreement to DOJ for review of alignment with the Summary of Award and provisions of the Grant Agreement as applicable.
• Grantees are responsible for ensuring that each contractor complies with the Grant Agreement, including, if applicable, collecting and reporting of progress and inspection data and disallowance of supplanting and restricted items.
• Contracting shall not affect the Grantee’s overall responsibility for the management of a Project, and the Grantee shall reserve sufficient rights and control to enable it to fulfill its responsibilities for the grant.
SUPPLANTING
Supplanting is prohibited. Supplanting is defined as using grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.
If DOJ or the California State Auditor identifies that supplanting has occurred, DOJ may pursue remedies for non-compliance.
OVERPAYMENT OF FUNDS
If an agency is inadvertently reimbursed for more than the amount expended, the overpayment of funds must be returned to DOJ. If the grant for which the funds are being returned is still active (within the term of the MOU), then the returned funds can be shown as a credit on the next claim submitted for reimbursement. If the grant term has ended, the agency must return the funds within 90 days of notice of overpayment. Checks should be made payable to the California Department of Justice and mailed to:
California Department of Justice
Division of Operations
Tobacco Grant Program – 8th floor
P.O. Box 160187
Sacramento, CA 95816
PROJECT INCOME
Income generated from a project, if any, may be reinvested by the Grantee into the project for which the grant was awarded, returned to DOJ, or DOJ may approve other uses by the Grantee in accordance with the general purposes of the grant. Project income does not include fines, penalties, legal costs, attorney’s fees, or other property collected as a result of enforcement actions by the Grantee.
NON-USE OF FUNDS
Grantees are expected to start operations within six months of the execution date of the MOU, or approved start date, and are responsible for advising DOJ if they are unable to do so.
Grantees who have not started their project and expended any funds within the first year of the beginning of the grant term shall forfeit their award.
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6 NON-COMPLIANCE
In the event a Grantee fails to comply with any of the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement, DOJ will notify the Grantee in writing.
In the event DOJ and a Grantee are unable to resolve a Grantee’s non-compliance with the terms and conditions of the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund or Grant Agreement within 30 calendar days of the written notice, DOJ may take one or more of the following actions:
• Withhold payments
• Recover funds paid to the Grantee
• Impose additional conditions on the Grantee
• Terminate the Grant Agreement
• Disqualify the Grantee from consideration for future grants WITHHOLDING OF 10% PENDING CLOSEOUT
DOJ may withhold the final reimbursement claim(s) or 10% of the grant amount, whichever is more, pending approval by DOJ of the final Quarterly Progress Report (QPR).
AUDITS
Grantees and sub-recipients are subject to audit by both the California State Auditor and DOJ (Rev. & Tax. Code, § 30130.56, subdiv. (a)). In addition to formal audits, DOJ may conduct site visits and request other meetings with reasonable notice. Grantees are expected to be available for these meetings. All documentation related to the receipt and use of grant funds shall be made open to inspection upon request by the California State Auditor and/or DOJ.
Grantees are subject to a financial compliance review in the form of an audit, an agreed-uponprocedure, and/or both. A review will be conducted in accordance with the Generally Accepted Government Auditing Standards and Revenue and Tax Code, sections 30130.56 and 30130.57, subdivisions (e)(1), (f) & (g), designed to accomplish any one or more of the following: to monitor compliance with the requirements of the grant program and the terms and conditions of the grant agreement; to assess the quantity, quality, timeliness and cost of services the Grantee produces and delivers under the terms and conditions of the grant agreement; and to assess the performance of any contract entered into by a Grantee relating to a grant.
Grounds for Audit Exception
One or more of the following shall be grounds for an audit exception, which may require the refund of amounts paid with grant funds:
(1) Failure to fully complete the work or services described in the Summary of Award document; (2) Failure to assess the performance of any contract entered into by a Grantee; or
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7 (3) Failure to maintain documents, records, receipts, and financial accounts supporting the expenditures reimbursed with grant funds.
DOJ GRANT MANAGEMENT
Each agency will be assigned a Grant Program Officer from DOJ for assistance with implementation and oversight of the agency’s specific grant program throughout the life cycle of the grant. Grant Program Officers will maintain regular communications with their agencies and will provide administrative direction and guidance.
ACCESS
Upon reasonable notice, Grantees shall allow DOJ access to the records of the project, the project sites (if applicable), and any employees or contractors who may reasonably have information related to the project. Also, upon reasonable notice, Grantees shall allow DOJ to accompany the Grantee on projectrelated activities.
FUNDING
All expenses claimed for reimbursement, including contracted services, must already be paid by the Grantee. Expenses incurred by subcontractors as part of the project must be invoiced to and paid by the Grantee for reimbursement. DOJ will not reimburse any amount greater than the actual cost of the expenses to the Grantee.
Goods and services must be received, invoiced, and paid by the Grantee during the Grant Term in order to be eligible for reimbursement. Any funds spent after the expiration of the Grant Agreement cannot be reimbursed, regardless of when they were obligated or problems with vendor fulfillment.
COST CRITERIA
ALLOWABLE
In general, costs must meet all of the following general criteria to be allowable. An allowable cost must:
• Be reasonable for the performance of the grant, and allocable to the grant • Be accorded consistent treatment
• In the event a cost is assigned in one way and another cost incurred for the same purpose in like circumstances was previously allocated in the agency’s budget in another way, the Grantee shall provide a description of both the current and the prior assignments. The description shall be sufficient for DOJ to ascertain whether or not funds have been supplanted. • Be adequately documented
• Comply with the California Healthcare, Research and Prevention Act and terms and conditions of the Grant Agreement
• Not be disallowed under the terms of the Grant Agreement
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8 • Comply with applicable laws and regulations
REASONABLE
A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost.
In determining the reasonableness of a given cost, consideration will be given to:
• Whether the cost is generally recognized as ordinary and necessary for the proper and efficient performance of the grant
• The requirements of the grant program and the terms and conditions of the grant agreement • Market prices for comparable goods or services for the geographic area • Whether the Grantee deviates from its established practices and policies regarding the incurrence of costs, which may unjustifiably increase a cost
ALLOCABLE
A cost is allocable to the grant if the cost is incurred for grant-related activities.
Unless otherwise provided for in the grant agreement, if a cost is incurred for the performance of grantrelated activities and also for other non-grant-related activities, and benefits both grant and non-grant activities, the proportion that is incurred for the performance of grant-related activities may be approximated using reasonable and properly documented methods and assigned to the grant.
PROJECT COSTS
Project costs may include the reasonable and necessary cost of tobacco-enforcement related items required to conduct grant-related operations. Specific costs that may be supported by funds awarded under the Tobacco Grant Program are as follows:
PERSONAL SERVICES (PERSONNEL)
Salaries, overtime, and benefits are allowable expenses as approved within the Grantee’s budget.
Amounts claimed must be based on actual wages and supported by payroll and attendance records kept by the agency and must be made available to DOJ upon request.
OPERATING EXPENSES AND EQUIPMENT
Equipment
Equipment that directly supports the applicant’s project proposal may be purchased using grant funds if approved within the Grantee’s budget. Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term. Acceptable documentation for equipment purchases include copies of receipts and proof of payment (copies of checks or credit card statements).
Maintenance of property records related to equipment is required.
Travel
Travel by Grantees for tobacco-related grant activities (if approved within the Grantee’s budget) shall be in accordance with the State of California’s written travel policies, and subject to any further
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9 requirement in the grant agreement. Travel that directly supports the applicant’s project may be reimbursed using grant funds subject to limitations indicated below.
Out-of-state travel requires prior approval and may be subject to additional restrictions.
Travel Cost and Reimbursement Limitations
Travel may be billed and reimbursed only as allowed by the State of California’s established travel reimbursement rates in effect as of the date(s) of travel and must be included in the approved budget.
Travel expenditures that exceed the State's allowable rates will be reimbursed only up to the amount allowed and the Grantee will be responsible for the balance.
Travel costs may only consist of the reasonable and necessary charges for commercial fares, public transportation, private vehicle, overnight and day parking of private or rental vehicles, bridge and road tolls, meals, lodging, and incidentals, incurred for travel necessary for the performance of the grant.
Documentation of Travel Expenses
Travel costs shall be substantiated by receipts made available to DOJ upon request for reimbursement.
Acceptable documentation of travel expenses includes copies of receipts for meals, lodging, etc., and if applicable, completed agency mileage forms. All receipts must show ‘paid’.
Training
Each grant recipient should send at least one representative to a workshop offered by the Tobacco Grant Program during the first year of each grant award.
All trainings must be Tobacco Grant-related. If the training is not offered by DOJ and specifically related to the Grant Agreement, then prior approval must be sought. To obtain prior approval for training, the Grantee must submit specific training information (e.g., flyer, agenda, registration notification, etc.) to confirm it covers tobacco-related content. No portion of training covering non-tobacco topics (e.g. alcohol, cannabis, or other drugs) will be reimbursable. Acceptable documentation for reimbursement of training expenses includes copies of receipts, proof of payment, and training information and approval notification from DOJ as noted above. Any travel associated with the training must comply with travel requirements noted above.
Other Expenses
Supplies and Materials
Supplies and materials that directly support the applicant’s project and are not restricted items may be purchased using grant funds. Items in this category must not meet the definition of Equipment and may be consumable.
All items which include artwork and/or anti-tobacco messaging require pre-approval from DOJ. As a guideline, the anti-tobacco logo/message must be the prominent feature and should be at least 25% larger than any other logo/message in the design. If there is a front and back to an item, the antitobacco logo/message must be placed on the front.
Examples of allowable supplies/materials (if approved in the budget) include but are not limited to:
• Education materials (pamphlets, brochures, flyers).
• Community outreach items (e.g., pop-up tent, table, tablecloth, prize wheel).
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10 • Promotional materials with an anti-tobacco message (e.g., hats, t-shirts, pencils/pens, water bottles, draw string/reusable bags, lanyards). The anti-tobacco messaging should be predominant and can be an image and/or text. Approval of logo/messaging is required from DOJ prior to purchase of the items.
Operating Costs
Examples of allowable operating costs (if approved in the budget) include, but are not limited to:
• Contracts and inter-agency agreements.
• Cell phone, including monthly service costs, allocable to grant project activities. • Media campaigns (prior approval of logos, language/statements to be used, pictures/graphics, etc., must be obtained from DOJ prior to expenditure of funds). • Office equipment (e.g., laptop/PC/printer) allocable to the grant project activities. • Video/Audio recording devices (for enforcement operations). • “Buy Money” used in the course of enforcement operations.
ADMINISTRATIVE COSTS
Administrative costs, if included in the Grantee’s budget, are limited to no more than 5% of direct project expenses (See Rev. & Tax. Code, § 30130.57, subd. (f) and (g)).
RESTRICTED ITEMS
Grant funds shall not be used to purchase items that are considered restricted and/or intended for personal use. Examples include but are not limited to:
• Ammunition
• Awards
• Award certificates
• Balloons
• Briefcases
• Calendars (decorative)
• Cleaning supplies
• Coffee pots and supplies
• Drones
• Facilities lease/rent
• Facilities renovations
• Firearms and related accessories (scopes, holsters, racks, etc.) • Food, beverages, and any other consumables (including for meetings/conferences) • Gift Cards
• Hand sanitizers
• K9
• Kleenex/tissue papers
• Luggage
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11 • Luggage carriers
• Pepper spray
• Personalized products used to advertise an agency and/or programs (e.g., pens, magnets) that are not specific to an anti-smoking/anti-tobacco campaign • Picture frames
• Plastic eating utensils
• Portable fans
• Portable heaters
• Refrigerators
• Ribbons
• Uniforms and standard complement items (battle dress uniforms, vests, boots, etc.) • Vehicles and/or vehicle trailer purchases (vehicle usage, leases, fees, and mileage reimbursement are allowable)
If there is a question about whether an item will be approved for reimbursement, then prior approval from the Tobacco Grant Program should be sought.
RECORD AND MATERIALS MAINTENANCE
RECORDS RETENTION PERIOD
Your agency must maintain grant records for the retention period established by your agency for those types of records OR for five years after a grant is closed out by DOJ, whichever is longer.
RECORDS TO MAINTAIN
Your agency must maintain records relating to the application, grant agreement, budget, and performance of projects. These records include, but are not limited to, reports of enforcement activities, educational programs, policy programs; personnel activity records; payroll records; travel claims; receipts; documents showing the calculation or methodology for determining whether funds were supplanted; and documents showing the calculation or methodology for determining administrative costs.
TOBACCO PRODUCTS
Grantees shall retain and preserve the tobacco products purchased or otherwise obtained during the course of performing a project, and the purchase records for such tobacco products, in accordance with the Grantee’s written policies regarding retention, destruction or forfeiture of such items.
EQUIPMENT
Grantees shall maintain property records for the records retention period for each item of tangible property considered as equipment.
USE OF SUBMITTED DATA
Data submitted pursuant to the Grant Agreement may be compiled for DOJ use.
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12 PUBLIC RECORDS ACT NOTICE
Grant documents, including correspondence, are considered public records and subject to the disclosure requirements of the California Public Records Act (CPRA) as solely determined by DOJ.
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13 GRANT MANAGEMENT
INVOICING
INVOICE PACKAGES
Submit invoices using DOJ-provided forms with all required attachments via email to [email protected].
A complete invoice package must include:
• The invoice cover page signed by the agency representative; • The invoice detail pages; and
• Documentation of costs incurred and their subsequent payment for all Operating Expenses and Equipment (Section B) claimed. Goods and services received must be shown to have been paid in full.
Grantee must be in possession of supporting documentation for all claimed expenses prior to requesting reimbursement.
OTHER REQUIREMENTS
Prior to authorizing reimbursement on invoices submitted, DOJ will compare expenses claimed against all required reporting.
INVOICING FREQUENCY AND DEADLINES
Invoices, or requests for reimbursement, must be submitted quarterly (in arrears) by the deadlines listed below. If the date falls on a weekend or holiday, the reimbursement package will be due on the next business day:
Table 1. Invoicing Timeline
Quarter Date Range Covered
(based on payment dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15
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14 REPORTING REQUIREMENTS
QUARTERLY PROGRESS REPORTS
Quarterly progress reports (QPRs) must be submitted electronically using a unique link and instructions sent by DOJ via email prior to each report due date. Grantees are expected to describe grant activities undertaken pursuant to the grant during the reporting period.
ENFORCEMENT DATA REQUIREMENT
Grantees performing tobacco retail enforcement or inspections must provide supplemental data regarding these activities on the same schedule as QPRs. This data must be submitted separately to [email protected] using the DOJ-provided form.
REPORTING FREQUENCY AND DEADLINES
Reports referenced below must be submitted quarterly by the deadlines listed below. If the date falls on a weekend or holiday, the report will be due on the next business day.
Table 2. Reporting Timeline
Quarter Date Range Covered
(based on activity dates)
Due Date
Summer July 1 – September 30 October 15
Fall October 1 – December 31 January 15
Winter January 1 – March 31 April 15
Spring April 1 – June 30 July 15
MODIFICATIONS
Grantees seeking to modify any aspect of their grant should first contact their Grant Program Officer by emailing [email protected] for assistance. Specific cut-off dates and limitations may apply.
BUDGET MODIFICATIONS
A Budget Modification is limited to moving funds from one fiscal year to another and/or realigning funds between existing line items up to a 10% increase of the original amount awarded for any single line item across all fiscal years. Budget Modification requests require the submission of the Modification Request form and a revised Budget Detail.
Up to three Budget Modifications are allowed per fiscal year during the Grant Term.
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15 GRANT MODIFICATIONS
A Grant Modification involves change to the Grant Agreement that exceeds the scope of a Budget Modification. Requests for a Grant Modification may propose changes to the use of grant funds, project description, project timeline, or other changes related to the project or budget. Grant Modification requests require submission of the Modification Request form including written justification of the need for changes and description of how the proposed changes align with the grant award. Requests modifying the budget require submission of a revised Budget Detail. Requests modifying goals and activities require submission of a revised Summary of Award.
Only one Grant Modification is allowed during the Grant Term.
EXTENSIONS
DOJ cannot reimburse for any expenses paid after the end date of the Grant Term as specified in the MOU. Flexibility to expend funds across four fiscal years is built into the MOUs. DOJ will not consider requests to extend the Grant Term unless received by DOJ at least six months prior to the end date of the MOU.
CLOSEOUT
DOJ shall conduct closeout review activities prior to closing out each grant to ensure that all necessary administrative actions and projects have been completed by the Grantee. Closeout review activities include, but are not limited to, review of required reporting, verification that any performance issues are resolved, and verification that any audit or agreed-upon-procedure findings are resolved.
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16 DEFINITIONS
The following definitions apply to the Tobacco Grant Program:
Administrative Costs
The necessary and reasonable indirect expenses as allowed under the terms and conditions of the grant agreement.
Application
An application is a request by an eligible agency to receive a grant from DOJ pursuant to Revenue and Taxation Code section 30130.57, subdivision(e)(1).
Contractor
An entity or person, including a consultant, that enters into a contract with a Grantee to perform an approved grant-related activity. May also be referred to as a “Partner.” DOJ
The California Department of Justice.
Equipment
An item that has a per-unit acquisition cost of $5,000 or more and a useful life of at least one year.
Equipment should be purchased within the first year of the project in order to maximize its utility during the grant term.
Grant
An award of financial assistance made to a Grantee, the principal purpose of which is the transfer of funds to carry out a project of public benefit authorized and intended by Revenue and Taxation Code section 30130.57, subdivision (e)(1), a Proposal, and the Grant Agreement between the Grantee and DOJ.
Grant Agreement
The final agreement entered into between DOJ and a Grantee, which sets forth the terms and conditions of the Grant. The grant agreement includes the executed MOU, Request for Proposals and associated documents, Summary of Award document, Budget Detail, and this Handbook.
Grant Program Officer
A DOJ staff member assigned as the primary point-of-contact for Grantees with regards to the implementation and administration of the grant. Formerly titled “Grant Administrator.” Grant Term
The period of time provided for in the Grant Agreement. Previously referred to as “Grant Duration.” Grantee
A local agency to which a Grant is awarded.
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17 Inspection Data
Information regarding retailer inspection or enforcement activity by a Grantee under the terms of the grant agreement, including, but not limited to, information about retailer location, retailer violations, retailer inspections, and retail-related citations, licensing actions, administrative proceedings, diversion proceedings, and prosecutions. Inspection data includes information regarding such activities whether or not a violation was found or a citation was issued. A grant agreement may contain further information about what constitutes inspection data, how it is to be gathered and retained by a Grantee, and how and when it is to be reported to DOJ.
Letter of Intent (LOI)
A document affirming an awarded agency’s intent to accept the grant award.
Local Law Enforcement Agency
A local government entity, such as a county, city, district, public authority, public agency, and any other political subdivision or public corporation that can support and hire law enforcement peace officers (as defined in Penal Code section 830) and is authorized to:
(1) Investigate or conduct an official inquiry into enforcement of state and local laws, ordinances, regulation, and policies related to the illegal sales and marketing of tobacco products to minors and youth, or
(2) Prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of tobacco products to minors and youth.
Project
An undertaking that is planned to conduct activities and achieve stated goals and objectives for which funds were awarded by DOJ to a Grantee from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.
Quarterly Progress Reports (QPRs)
Reports of grant-related activity performed in accordance with the approved project. Submission of these reports is required on a quarterly basis.
Records Retention Period
The period of time after the grant is closed out that a Grantee must maintain records related to the grant, which is at least five years from the date the grant is closed by DOJ.
Request for Proposals (RFP)
A solicitation for project proposals from eligible Local Law Enforcement Agencies.
Summary of Award
Document that contains the Grantee’s approved goals/objectives and budget narrative reflective of any reductions and/or revisions.
Supplant
Using grant funds to pay for costs that are already funded within your agency’s budget, or for which other funding has already been received, in order to reallocate existing funding to other purposes. The
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18 effect of supplanting would be to reduce the total amount that would have been available for the purpose stated in the application or grant agreement.
Tobacco Products
The same meaning as in Revenue and Taxation Code section 30121.
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CALIFORNIA DEPARTMENT OF JUSTICE
TITLE 11. LAW
DIVISION 1. ATTORNEY GENERAL
CHAPTER 5. DEPARTMENT OF JUSTICE TOBACCO GRANT PROGRAM
FINAL TEXT OF PROPOSED REGULATIONS
Article 1. General Provisions
§ 500. Applicability and Scope.
This chapter shall be known as the Department of Justice Tobacco Grant Program regulations.
The regulations apply to Grants funded by the Department of Justice from the California Healthcare, Research and Prevention Tobacco Tax Act of2016 Fund.
Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 501. Definitions.
The following definitions shall apply wherever the terms are used throughout this Chapter. (a) "Administrative costs" has the same meaning as that in California Code of Regulations, title 2, section 61217.
(b) "Applicant" means a Local Law Enforcement Agency that has submitted an Application for a Grant.
(c) "Application" means a submitted proposal by an Applicant for a Grant. (d) "Budget" means approximate cost of the Project, prepared for expense and planning purposes only.
(e) "Cigarette" has the same meaning as that in Revenue and Taxation Code section 30130.50, subdivision (a).
(f) "Department" means the California Department ofJustice. (g) "Equipment" means any tangible item with a per-unit acquisition cost of $5,000 or more and a useful life of at least one year.
(h) "Grant" means an award of funds made by the Department, in the form of reimbursement to the Grantee for actual expenditures incurred in performing the Project, as authorized by Revenue