3. Description of Services. Contractor shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work , which are collectively defined as “the Services” for the purposes of this Agreement.
4. Contractor’s Responsibilities. Contractor, at its own cost and expense, shall:
(a) Coordinate the Services with Jason Calkins, Public Works Supervisor - Facilities (“Project Manager”), or such other person designated as the Project Manager by City;
(b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner commensurate with industry, trade, and community standards. Consultant shall follow the highest industry standards when performing the Services required hereunder and covenants that all goods, materials, and equipment will be both of good quality as well as fit for the purpose intended. For the purposes of this Agreement the phrase “highest industry standards” means those standards recognized by one or more first -class contractors performing similar Services under similar circumstances within City’s region; (c) Provide the resources and assign competent C ontractor p ersonnel necessary to complete the Services in a timely manner;
(d) I
mmediately remove and replace, without any cost to City, any member of Contractor’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Contractor to remove and replace, and City agrees to advise Contractor of the reason for the direction for the removal and replacement; (e) Provide all f acilities, go ods, materials, a nd equipment t hat may be necessary for Contractor’s personnel to provide the Services; (f) Obtain and keep in effect during the term of this Agreement all necessary licenses,
permits, qualifications, insurance, registrations, and approvals legally required and
required by trade, craft, or classification for Contractor to provide the Services, including
obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) O btain and complete the appropriate City forms for the City to pay Contractor electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at [email protected] or by calling Accounts Payable staff at (925) 960- 4345. If Contractor opts -out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act; (h) P
rovide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
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(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Contractor shall certify the correctness of any invoice or invoices for Services provided. Contractor shall not submit an invoice to City more frequently than once a calendar month;
(k) 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 three years from the date of City’s 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 to take possession, then Contractor and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Contractor by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three 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;
(n) Correct all errors in the Services. If Contractor fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Contractor or deduct that cost from the compensation payable to Contractor; and, (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services.
5. Taxes, Fees and Assessments. Contractor is solely responsible for the payment of any taxes, fees, assessments, and other charges, including penalties and interest, that may be imposed by law and arise from or incurred by Contractor’s performance of the Services. Contractor shall defend, indemnify, and hold harmless the Indemnified Parties defined in Section 20 below against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against Contractor. The indemnity in this Section 5 are in addition to and do not in any way limit Contractor’s obligations in Section 20 below.
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168
6. Prevailing Wages.
(a) Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations (collectively “Prevailing Wage Laws”) that require the payment of prevailing wage rates (§§ 1771, 1774, and 1775), employment of apprentices (§§ 1777.5 and 1775.6), certified payroll records (§ 1776), hours of labor (§§ 1813 and 1815), registration and debarment of contractors and subcontractors (§ 1777.1), and the performance of other requirements on public works and maintenance projects as defined the Prevailing Wage Laws. (b) The prevailing wage rates for crafts, classifications, and types of workers are available online at http://www.dir.ca.gov/DLSR , and Contractor is responsible for determining whether the workers are entitled to the payment of prevailing wages and Contractor must pay no less than the specified rates to all entitled workers performing the Services. The schedule of per diem wages is based upon a working day of eight hours.
The rate for holiday and overtime work must be at least time and one-half. (c) Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the Prevailing Wage Laws including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.
(d) 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. (e) Work on public works and maintenance projects as defined by the Prevailing Wage Laws is subject to compliance monitoring and enforcement by the California Department of Industrial Relations pursuant to California Labor Code section 1771.4. No contractor may be awarded a contract for public works and maintenance projects as defined by the Prevailing Wage Laws unless currently registered with the California Department of Industrial Relations pursuant to California Labor Code section 1725.5.
(f) Contractor agrees to indemnify, defend, and hold City harmless from any claim that prevailing wages should have been paid, and Contractor shall be liable for the payment of the same and penalties thereon. It is Contractor’s responsibility to be familiar with the California Labor Code and the Prevailing Wages Laws, and failure or neglect of Contractor to understand the California Labor Code shall and Prevailing Wage Laws in no way relieve Contractor from any obligations thereunder or under this Agreement. (g) Contractor acknowledges that failure to pay prevailing wages to an entitled worker performing the Services may result in the Contractor being ineligible to contract with City.
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169
7. F amiliarity with Services. Contractor represents that it: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be performed; and, (iii) fully understands the facilities, difficulties, and restrictions associated with performing the Services. If Services involve work on City property, Contractor further represents that it has investigated the property and is fully acquainted with its condition. If Contractor discovers any latent or unknown conditions that materially affect performance of the Services, then Contractor shall immediately notify City of such discovery and shall not proceed with the Services except at Contractor’s risk until Contractor receives written instructions from the Project Manager.
8. Service Warranties.
(a) Contractor warrants that it possesses all capital and other equipment, labor, goods, materials, supplies, and licenses necessary to carry out and complete the Services in compliance with any and all federal, state, county, and city laws, ordinances, and regulations.
(b) Contractor warrants, in addition to all warranties provided or implied by law or public policy, that all Services (including but not limited to all goods, materials, and equipment supplied by the Services) shall be free from defects in design and workmanship. During the term of this Agreement and for one year following its completion, expiration, or termination, Contractor agrees to replace or repair any Services (including but not limited to all goods, materials, and equipment supplied by the Services) that fail due to defects in material or workmanship, which replacement or repair shall be completed by Contractor within 30 days of notice of the failure by City.
9. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.
10. Preservation of City Property. Contractor shall provide, install, and utilize suitable safeguards, approved by City, to protect City property from injury or damage when providing the Services. If City property is injured or damaged as a result of Contractor’s Services, then the Contractor shall, at its own cost and expense, replace or restore that property to a condition as good as when Contractor began providing the Services, which work shall be completed within a reasonable time. In all situations arising out of this Agreement, City and Contractor shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
11. Inspection. Contractor shall furnish City every reasonable opportunity for City to ascertain that the Services by Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work performed and all goods, materials, and equipment provided shall be subject to City inspection and approval. City inspection of such work, goods, materials, and equipment shall not relieve Contractor of any of its obligations to fulfill the requirements in this Agreement.
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170
12. Audit. In addition to the requirements in Section 4(k) above, Contractor shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of three years after the date of final payment to Contractor. Contractor agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy, or transcribe any of C
ontractor’s records pertaining to this Agreement at any time during normal business hour
s. Contractor shall reimburse City for all reasonable costs of the audit, including t
ravel time and auditor costs, should such audit reveal an overcharge of five (5) percent or
more. Any overcharge will be considered a breach of this Agreement and could result in cause for termination.
13. Term. The term of thi s A greement commences on November 1, 2025, and terminates upon the completion of the Services or October 31, 2030, whichever occ urs first. This Agreement may be extended for one additional five-year term by mutual written agreement of the parties.
14. 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 Contractor shall then 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 and subject to Section 15.
15. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $3,300,000.00 ("not-to-exceed amount"). (b) City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Contractor for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Contractor and City acknowledge that compensation paid by City to Contractor pursuant to this Agreement is based upon Contractor’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Contractor and City further agree that compensation paid by City to Contractor is intended to include the costs of contributions to any pensions or annuities, or both, to which Contractor and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Contractor under this Agreement. As provided in this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Contractor’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 Contractor, its agents, and employees to provide the Services, including all taxes Contractor is required to pay.
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171
(d) 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.
(e) City shall pay Contractor via the Automated Clearing House or as otherwise instructed by Contractor pursuant to Section 4(g) above.
16. Ownership.
(a) Contractor shall bear the risk of loss or damage to any goods, materials, or equipment associated with the Services until delivered to and accepted by City. (b) 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.
(c) All goods, materials, and equipment purchased for or produced as a result of the Services, including all warranties therefore, are City’s property and Contractor shall deliver them to City upon demand.
17. Intellectual Property, Copyright, and Right of Use. All items created by Contractor for City under this Agreement are works made for hire, and Contractor shall give City the copyright and all intellectual property rights to all items developed, prepared, and delivered as part of the Services. Contractor agrees that all aspects of the Services and items created thereby will be original works of creation and will not use, in whole or in part, any work created by any other party, except when expressly disc losed by Contractor to City and Contractor obtains a license to such items fo r 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.
18. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor ’s personnel 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 returned to City or confirmed destroyed in a manner satisfactory to City.
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172
19. D efense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents , and designated volunteers (collectively “ Indemnified Parties”) 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) (collecti vely “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services, 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 the Indemnified Parties . 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 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).
20. Insurance. Without limiting Contractor’s indemnification of the Indemnified Parties, Contractor shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements a gainst claims and Liability 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.
21. Force Majeure; Service Delays. Should Contractor’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then Contractor’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Contractor. Nothing in this section restricts City’s authority in Section 14 to terminate this Agreement.
22. 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.
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23. 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.
24. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor. Contractor shall not offer, encourage, or accept any financial interest in any part of Contractor's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Contractor represents that it has not performed any work for that private party during the twelve-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.
25. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code implementing the California Political Reform Act and shall prepare and file an economic disclosure statement if the S ervices involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Contractor ’s financial interest s. While it is Contractor ’s sole responsibility to evaluate its conflict s of interest, Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
26. Levine Act Compliance . California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that total s more than $50 0 within the twelve months preceding the decision or within the twelve months following the date of the final decision.
Contractor shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.
27. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycled products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
• Sustainable Purchasing | StopWaste - Home, Work, School • Reducing Waste at Work | StopWaste - Home, Work, School • Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
28. Non-Exclusive Agreement . This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified contractors to provide, services that are the same or similar to the Services.
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29. B usiness Entity Status. Contractor is responsible for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Contractor to provide the Services. By entering into this Agreement, Contractor represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Contractor , including any licensing agencies and trade industries. If Contractor is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
30. Authority to Execute Agreement . Contractor has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Contractor has received and accepted the authority to sign and execute this Agreement on behalf of Contractor. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Contractor, enforceable against Contractor in accordance with its terms, which authorization is ratified and confirmed upon Contractor’s acceptance of the first compensation payment by City
31. No Subcontracting and No Assignment. Contractor’s unique personal competence, experience, specialized personal knowledge, trade skills, and reputation were a substantial inducement to City for the award of this Agreement to Contractor, therefore no part of the Services may be assigned or subcontracted 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.
32. 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, Contractor must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
33. Work Eligibility . Contractor warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Contractor for the performance of the Services.
34. Non-Discrimination. In performance of the Services, Contractor agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classification when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Ci vil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
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35. C onstruction of Language.
(a) 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 any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 14, 20, 31, and 35 through 38 for notices, consent, or modifications.
For the notices, consent, and modifications in Sections 14, 20, 31, and 35 through 38 the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures
36. 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.
37. 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, with a courtesy copy delivered by email to the email addresses below:
TO CITY: Attention: Jason Calkins
Public Works Supervisor - Facilities
City of Livermore / Public Works
3500 Robertson Park Road
Livermore, CA, 94550
Email: [email protected]
[email protected]
[email protected]
[email protected]
TO CONTRACTOR: Attention: Amy Giamona
TriValley Janitorial Service & Supply, Inc.
313 Earhart Way
Livermore, CA, 94551
United States
Email: [email protected]
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38. W aiver. Failure to insist upon the strict performance of any term or condition 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.
39. 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.
40. Survival. The terms, conditions, and obligations in Sections 2, 5, 6, 8, 11, 12, 16 through 19, 31, 32, 35, and 38 through 41 shall survive the completion or termination of this Agreement.
41. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.
42. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws . You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
43. 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 Exhibit List on the Next Page
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177
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the dat e set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of the City after it was signed by Contractor.
CONTRACTOR: Dated:
____________________________________________________________ Amy Giamona
President
CITY OF LIVERMORE: Dated:
_____________________________________________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:
___________________________
Risk Manager/Analyst
Exhibits:
Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT A
178
EXHIBIT A
SCOPE OF WORK
Tri Valley Janitorial Service & Supply , Inc. (“Contractor”) shall provide all labor, consumables, and materials to perform the services outlined in this scope of work for the City of Livermore (“City”).
Conditions of Work
1. This Agreement does not obligate City to any particular amount of work to be completed by Contractor.
2. All employees of Contractor shall wear identification badges and aprons clearly identifying them as employees of Contractor at all times while on City premises for the purpose of completing work.
3. All employees of Contractor assigned to perform services in the Police Department must submit to and pass a Livescan fingerprinting and background check.
4. City reserves the right to halt work at any time for noncompliance with this Agreement, or unsafe work conditions or practices.
5. Contractor shall keep worksites reasonably clear of debris and protect the safety of the public and City employees at all times. Contractor shall promptly remove all materials and spoils from each job site upon completion of the work.
6. All debris or spoils generated by the work of Contractor shall be properly disposed of by Contractor.
7. All employees must be at least eighteen years of age and thoroughly trained and qualified in the work assigned to them. Employees must also be physically capable of the duties assigned to them, including lifting/moving heavy items, climbing ladders, etc.
8. Work may be required at any City-owned or operated facility within the City of Livermore as directed by the Project Manager or their designee.
9. Only authorized employees of the Contractor may perform the services. The use of unauthorized personnel by Contractor may result in termination of service with 30 calendar-days notice pursuant to Section 14 of the Agreement. Contractor and its employees may not allow on City premises any person who is not an employee of Contractor. All paperwork, documents, magnetic media, and any other media at City offices are considered to be confidential and privileged.
Contractor’s employees are not authorized to read or make use of any paperwork on or in any desks or offices.
10. Contractor shall respond to requests for on-call clean up service within a maximum time of two (2) hours.
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EXHIBIT A
SCOPE OF WORK
BUILDINGS AND ADRESSES
Janitorial services shall be provided at the following City of Livermore locations, unless otherwise directed by the Project Manager or their designee:
1 Airport- 6 offsite single use
restrooms located at various
airplane hangars.
Located within the
Livermore Municipal Airport
2 Airport Terminal 680 Terminal Circle
3 City Hall 1052 S. Livermore Ave
4 Civic Center Meeting Hall 1016 S. Livermore Ave
5 Library-Civic Center 1188 S. Livermore Ave
6 Library-Rincon 725 Rincon Ave
7 Library-Springtown 998 Bluebell Dr
8 Police Station 1110 S. Livermore Ave
9 Multi-Service Center 3311 Pacific Ave
10 Maintenance Service Center 3500 Robertson Park Rd
11 Fire Station 6 - 2 Single
occupancy bathrooms
4550 East Ave
12 Livermore Valley Plaza
Restrooms
2490 Railroad Ave
13a Livermore Valley Parking
Garage
2350 Railroad Ave
13b I St Parking Garage 175 N. I St
13c L St Parking Garage 2023 Veterans Way
14 Water Resources Division 101 W. Jack London Blvd
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
180
EXHIBIT A
SCOPE OF WORK
CLEANING FREQUENCY, DAYS, AND START TIMES
This is a summary of facilities and the designated cleaning days, cleaning frequencies, and service start times.
BUILDING NUMBER
OF DAYS
PER WEEK
CLEANING
DAYS
SERVICE
START TIME
COMMENTS
1 Airport- 6
Hangar
Bathrooms
3 Monday,
Wednesday,
Friday
Anytime
2 Airport
Terminal 7
Monday
through
Sunday
Start after 12:00
AM Sunday
through
Thursday, start
after 2:00 AM
Friday and
Saturday nights.
3 City Hall 5
Monday
through
Friday
Start after 6:00
PM
Building alarm
automatically sets
at 11:58 PM each
night
4 Civic Center
Meeting
Hall
5 Monday
through
Friday
After 5:00 PM
On the Second
and Fourth
Monday of the
month, service
must start after
11:00 PM due to
Council meetings
5 Library-
Civic Center 7
Monday
through
Sunday
Monday through
Thursday:
After10:00 PM.
Friday,
Saturday,
Sunday, After
7:00 PM
6 Library-
Rincon 5
Monday
through
Friday
Start after 9:00
PM
7 Library
Springtown 2 Tuesday and
Thursday
Start after 9:00
PM
8 Police
Department 7
Monday
through
Sunday
Start after 5:00
PM
Including all City
holidays except
Christmas and
New Years
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
181
EXHIBIT A
SCOPE OF WORK
CLEANING FREQUENCY, DAYS, AND START TIMES (continued)
BUILDING NUMBER OF
DAYS PER
WEEK
CLEANING
DAYS
SERVICE
START TIME
COMMENTS
9 Multi-Service
Center 5
Monday
through
Friday
Start after 6:30
PM
10 Maintenance
Service
Center
5 Monday
through
Friday
Any time after
5:00 PM
Admin Building
and Fleet Shop
Bathrooms,
Fuel Island
Bathrooms/ Fuel
Pump Area
11 Fire Station
6-bathrooms
1 Wednesday Anytime
between 12:00
PM and 6:00
PM
12 Bankhead
Plaza Public
Bathrooms
3 Monday,
Wednesday,
Friday
Anytime
May need to
restock/clean
bathrooms on
Saturday night
after 9 PM during
weekend long
downtown special
events. Prior
notice will be
provided by the
City.
13a Livermore
Valley
Parking
Garage
5 Monday
through
Friday
Anytime Usually done by
Day Porter
13b I St Parking
Garage 5
Monday
through
Friday
Anytime Usually done by
Day Porter
13c L St Parking
Garage 5
Monday
through
Friday
Anytime Usually done by
Day Porter
14 Water
Resources
Buildings
5 Monday
through
Friday
Start after 5:00
PM 7 buildings
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
182
EXHIBIT A
SCOPE OF WORK
1. AIRPORT HANGAR BATHROOMS
Six offsite bathrooms
Cleaning Days: Monday, Wednesday, Friday
Service Start Time: Anytime
Area Item Work Description Daily Weekly Monthly
Bathroom Floor A. Sweep and wet mop A
Bathroom Sinks, Fixtures,
Mirrors,
Countertops.
A. Wipe, disinfect
A
Bathroom Door Handles A. Wipe, disinfect A
Bathroom Toiletries A. Stock toilet paper,
paper towel rolls,
soap, sanitary
napkins.
A
Bathroom Walls A. Wipe down walls A
Bathroom Trash A. Empty trash can and
reline with a new bag
if ripped or soiled
A
Bathroom Light Switches A. Wipe and disinfect A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
183
EXHIBIT A
SCOPE OF WORK
2. AIRPORT TERMINAL BUILDING
Cleaning Days: Monday through Sunday
Service Start Time: Sunday through Thursday 12:00 AM/Friday and Saturday: 2:00 AM Area Item Work Description Daily Weekly Monthly
Bathroom Floors A. Sweep and wet mop A
Bathroom Sinks, Toilets,
Urinals, Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathroom Door Handles A. Clean and disinfect
A
Bathroom Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, sanitary
napkins (if
applicable)
B. Empty sanitary
napkin containers
and wipe down
exterior of container,
empty trash
receptacles and
replace bags
A, B
Bathroom Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child
safe disinfectant
A B, D C
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
184
EXHIBIT A
SCOPE OF WORK
2. AIRPORT TERMINAL BUILDING (continued)
Area Item Work Description Daily Weekly Monthly
Offices,
Public
Areas
Floors A. Sweep hard floors,
vacuum carpeted
floors and wet mop
hard floors
A
Offices,
Public
Areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs and
wipe surfaces of
meeting tables
B. Vacuum upholstery,
wipe down non-fabric
public furniture
A B
Offices,
Public
Areas
Trash
A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics
bags if torn or soiled
A
Offices,
Public
Areas
Meeting Rooms A. Wipe down tables and
chair arms
B. Clean sinks and
counter tops, plumbing
fixtures, refill paper
towel rolls in
dispensers as needed
B A
Offices,
Public
Areas
Light Switches A. Wipe and disinfect
A
Offices,
Public
Areas
Dusting A. Dust plants, window
ledges, cubicle top
plates, HVAC air vents
A
Offices,
Public
Areas
Drinking
Fountains
A. Clean, disinfect
A
Offices,
Public
Areas
Exterior entry/exit
doors and
windows located
on either side of
the door
A. Spot clean glass, wipe
door handles
B. Wipe down metal door
trim surfaces, remove
cobwebs
A B
Exterior of
Building
Cobwebs A. Remove cobwebs from
exterior windows and
exterior doors to a
height of eight feet
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
185
EXHIBIT A
SCOPE OF WORK
3. CITY HALL
Cleaning Days: Monday through Friday
Service Start Time: After 6:00 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms
/Locker
rooms
Floors A. Sweep and wet mop
and vacuum carpet A
Bathrooms
/Locker
rooms
Sinks, Toilets,
Urinals,
Plumbing
fixtures,
Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Shower Area
in locker
rooms
A. Wipe down interior of
shower, fixtures, and
curtain
A
Bathrooms Toiletries and
Trash
A. Stock toilet paper, paper
towel rolls, soap,
sanitary napkins (if
applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and replace
bags daily
A, B
Bathrooms Walls and
Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child safe
disinfectant
A B, D C
Offices,
Public
Areas
Floors A. Sweep and wet mop
hard floors, vacuum
carpeted floors
A
Offices,
Public
Areas
Exterior
entry/exit
doors and
windows
located on
either side of
the door
A. Spot clean glass, wipe
door handles
B. Wipe down metal door
trim surfaces, remove
cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
186
EXHIBIT A
SCOPE OF WORK
3. CITY HALL (continued)
Area Item Work Description Daily Weekly Monthly
Offices,
Public
Areas
Interior office
doors and the
windows located
on either side of
the door
A. Spot clean glass
B. Wipe down metal door
trim surfaces, door
handles, remove
cobwebs
A B
Offices,
Public
Areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs
B. Vacuum upholstery,
wipe down non-fabric
public furniture.
A B
Offices,
Public
Areas
Trash
A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics bags
if torn or soiled
A
Offices,
Public
Areas
Meeting Rooms
A. Wipe down tables and
chair arms
B. Clean sinks and counter
tops, plumbing fixtures,
refill paper towel rolls in
dispensers as needed.
B A
Offices,
Public
Areas
Light Switches
A. Wipe and disinfect
A
Offices,
Public
Areas
Dusting
A. Dust plants, window
ledges, cubicle top
plates, HVAC air vents
A
Offices,
Public
Areas
Stairwells
A. Wipe down handrails
B. Wipe down flat surfaces
and walls
A B
Interior Kitchenettes A. Clean countertops,
plumbing fixtures, sinks. A
Public
Areas
Interior
Windowsills
below eight feet
high
A. Wipe surfaces and
remove cobwebs A
Offices,
Public
Areas
Floors
A. Sweep and wet mop
hard floors, vacuum
carpeted floors
A
Offices,
Public
Areas
Drinking
Fountains
A. Clean, disinfect
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
187
EXHIBIT A
SCOPE OF WORK
3. CITY HALL (continued)
Area Item Work Description Daily Weekly Monthly
Exterior
of
Building
Trash A. Remove trash from all
exterior trash
receptacles
B. Pick up litter around the
building perimeter*
A B
Exterior
of
Building
Exterior
Windows and
Doors on
Ground Floor
A. Remove cobwebs
A
Elevator Interior A. Vacuum flooring, wipe
down buttons and
handrails
A
*See map in Exhibit C-Facility Litter Pickup Boundaries
4. CIVIC CENTER MEETING HALL
Cleaning Days: Monday through Friday
Service Start Time: After 5:00 PM/Start time on 2nd and 4th Mondays is 11PM due to City Council Meetings.
Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Urinals,
Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, replace sanitary
napkins (if applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child safe
disinfectant
A B, C D
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
188
EXHIBIT A
SCOPE OF WORK
4. CIVIC CENTER MEETING HALL (continued)
Area Item Work Description Daily Weekly Monthly
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Interior doors
and windows on
either side of
the door
A. Spot clean glass
B. Wipe down metal
door trim surfaces,
door handles, remove
cobwebs
A B
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Furniture,
including tables
and chairs in
Mendenhall
Room, Council
Chambers,
Sessions Room
A. Wipe down arms of
chairs and wipe
surfaces of meeting
tables
B. Vacuum upholstery
and spot clean as
needed.
A B
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Trash A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics
bags if torn or soiled
A
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Meeting Rooms A. Wipe down tables and
chair arms, sinks and
counter tops,
plumbing fixtures,
refill paper towel rolls
in dispensers as
needed.
A
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Light Switches A. Wipe and disinfect
A
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Dusting A. Dust display cases,
window ledges, HVAC
air vents A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
189
EXHIBIT A
SCOPE OF WORK
4. CIVIC CENTER MEETING HALL (continued)
Area Item Work Description Daily Weekly Monthly
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Floors A. Sweep and wet mop
hard floors, vacuum
carpeted flooring A
Public Area Drinking
Fountains
A. Clean, disinfect
A
Chambers,
Sessions
Room,
Hallway,
Meeting Room
Interior
Windowsills
below eight
feet high
A. Wipe surfaces and
remove cobwebs
A
Exterior of
Building
Trash A. Remove trash from all
exterior trash
receptacles
B. Pick up litter around
the building
perimeter*
A B
Exterior of
Building
Exterior
Windows
Located on
Ground Floor
A. Remove cobwebs
A
*See map in Exhibit C-Facility Litter Pickup Boundaries
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
190
EXHIBIT A
SCOPE OF WORK
5. LIBRARY-CIVIC CENTER
Cleaning Days: Monday through Sunday
Service Start Time: Monday through Thursday 10:00 PM
Friday through Sunday: 7:00 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Urinals,
Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, replace sanitary
napkins (if applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child
safe disinfectant
A B, D C
Offices,
Public
Areas
Floors A. Sweep and wet mop
hard floors, vacuum
carpeted floors
A
Offices,
Public
Areas
Interior office
doors and the
windows located
on either side of
the door
A. Spot clean glass
B. Wipe down metal
door trim surfaces,
door handles, remove
cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
191
EXHIBIT A
SCOPE OF WORK
5. LIBRARY-CIVIC CENTER (continued)
*See map in Exhibit C-Facility Litter Pickup Boundaries Area Item Work Description Daily Weekly Monthly
Offices,
Public
Areas
Furniture
(excluding
employee
desks and desk
chairs)
A. Wipe down arms of public
area chairs and wipe
surfaces of meeting tables
B. Vacuum upholstery, wipe
down non-fabric public
furniture.
A B
Offices,
Public
Areas
Trash A. Empty bins into
appropriate trash, recycle,
and organics containers.
Replace trash and
organics bags if torn or
soiled
A
Offices,
Public
Areas
Meeting Rooms A. Wipe down tables and
chair arms, sinks and
counter tops, plumbing
fixtures, refill paper towel
rolls in dispensers as
needed.
A
Offices,
Public
Areas
Light Switches A. Wipe and disinfect
A
Public
Area
Drinking
Fountains
A. Clean, disinfect A
Offices,
Public
Areas
Dusting A. Dust plants, window
ledges, cubicle top plates,
HVAC air vents
A
Public
Areas
Interior
Windowsills in
common areas
below eight
feet high
A. Wipe surfaces and remove
cobwebs
A
Exterior of
Building
Trash A. Remove trash from all
exterior trash receptacles
B. Pick up litter around the
building perimeter*
A, B
Exterior of
Building
Exterior
Windows/Doors
Located on
Ground Floor to
eight feet high
A. Remove cobwebs
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
192
EXHIBIT A
SCOPE OF WORK
6. LIBRARY-RINCON
Cleaning Days: Monday through Friday
Service Start Time: After 9:00 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Urinals, Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, sanitary napkins
(if applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child
safe disinfectant
A B, D C
Offices,
Public
Areas
Floors A. Sweep hard floors,
vacuum carpeted
floors
B. Wet mop hard floors
A, B
Public
Area
Drinking
Fountains
A. Clean, disinfect A
Offices,
Public
Areas
Exterior entry/exit
doors and
windows located
on either side of
the door
A. Spot clean glass, wipe
door handles
B. Wipe down metal door
trim surfaces, remove
cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
193
EXHIBIT A
SCOPE OF WORK
6. LIBRARY-RINCON (continued)
Area Item Work Description Daily Weekly Monthly
Offices,
Public
Areas
Interior office doors
and the windows
located on either
side of the door
A. Spot clean glass
B. Wipe down metal door
trim surfaces, door
handles, remove
cobwebs
A B
Offices,
Public
Areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs and
wipe surfaces of
meeting tables
B. Vacuum upholstery,
wipe down non-fabric
public furniture.
A B
Offices,
Public
Areas
Trash A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics
bags if torn or soiled
A
Offices,
Public
Areas
Light Switches A. Wipe and disinfect
A
Offices,
Public
Areas
Dusting A. Dust plants, window
ledges, cubicle top
plates, HVAC air vents
up to eight feet high
A
Offices,
Public
Areas
Interior Windowsills
in common areas
below 8’ high
A. Wipe surfaces and
remove cobwebs A
Exterior
of
Building
Trash A. Remove trash from all
exterior trash
receptacles
B. Pick up litter around
the building perimeter*
A B
Exterior
of
Building
Exterior Windows
on Ground Floor up
to eight feet high
A. Remove cobwebs
A
*See map in Exhibit C-Facility Litter Pickup Boundaries
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
194
EXHIBIT A
SCOPE OF WORK
7. LIBRARY-SPRINGTOWN
Cleaning Days: Tuesday and Thursday
Service Start Time: After 9:00 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Urinals, Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, sanitary
napkins (if
applicable)
B. Empty sanitary
napkin containers
and wipe down
exterior of container,
empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child
safe disinfectant
A B, D C
Offices,
Public
Areas
Floors A. Sweep hard floors,
vacuum carpeted
floors
B. Wet mop hard floors
A, B
Offices,
Public
Areas
Exterior entry/exit
doors and
windows located
on either side of
the door
A. Spot clean glass,
wipe door handles
B. Wipe down metal
door trim surfaces,
remove cobwebs
A B
Offices,
Public
Areas
Interior office
doors and the
windows located
on either side of
the door
A. Spot clean glass
B. Wipe down metal
door trim surfaces,
door handles,
remove cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
195
EXHIBIT A
SCOPE OF WORK
7. LIBRARY-SPRINGTOWN (continued)
Area Item Work Description Daily Weekly Monthly
Offices,
Public
Areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs
and wipe surfaces of
meeting tables
B. Vacuum upholstery,
wipe down non-
fabric public
furniture.
A B
Offices,
Public
Areas
Trash A. Empty bins into
appropriate trash,
recycle, and
organics containers.
Replace trash and
organics bags if torn
or soiled
A
Offices,
Public
Areas
Light Switches A. Wipe and disinfect
A
Offices,
Public
Areas
Dusting A. Dust plants, window
ledges, cubicle top
plates, HVAC air
vents up to eight feet
high
A
Offices,
Public
Areas
Interior Windowsills
in common areas
below eight feet
high
A. Wipe surfaces and
remove cobwebs A
Exterior
of
Building
Trash A. Remove trash from
all exterior trash
receptacles
B. Pick up litter around
the building
perimeter*
A B
Exterior
of
Building
Exterior Windows
on Ground Floor
A. Remove cobwebs
A
*See map in Exhibit C-Facility Litter Pickup Boundaries
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
196
EXHIBIT A
SCOPE OF WORK
8. POLICE DEPARTMENT
Cleaning Days: Monday through Sunday
Service Start Time: After 5:00 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms
/Locker
rooms
Flooring A. Sweep and wet mop
hard floors, vacuum
carpeted floors
A
Bathrooms
/Locker
rooms
Sinks, Toilets,
Urinals,
Plumbing
fixtures,
Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms
/Locker
rooms
Door Handles A. Clean and disinfect
A
Bathrooms
/Locker
rooms
Shower Area in
locker rooms
A. Wipe down interior of
shower, fixtures, and
curtain
A
Bathrooms
/Locker
rooms
Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls, soap,
sanitary napkins (if
applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms
/Locker
rooms
Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child safe
disinfectant
A B, D C
Offices,
Public
Areas
Floors A. Sweep hard floors,
vacuum carpeted floors
B. Wet mop hard floors
A, B
Offices,
Public
Areas
Exterior
entry/exit doors
and windows
on either side
of the door
A. Spot clean glass, wipe
door handles
B. Wipe down metal door
trim surfaces, remove
cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
197
EXHIBIT A
SCOPE OF WORK
8. POLICE DEPARTMENT (continued)
Area Item Work Description Daily Weekly Monthly
Offices,
Public
Areas
Interior office
doors and the
windows located
on either side of
the door
A. Spot clean glass
B. Wipe down metal door
trim surfaces, door
handles, remove
cobwebs
A B
Offices,
Public
Areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs and
wipe surfaces of meeting
tables
B. Vacuum upholstery, wipe
down non-fabric public
furniture.
A, B
Offices,
Public
Areas
Trash A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace trash
and organics bags if torn
or soiled
A
Offices,
Public
Areas
Meeting Rooms A. Wipe down tables and
chair arms, sinks and
counter tops, plumbing
fixtures, refill paper towel
rolls in dispensers as
needed.
A
Offices,
Public
Areas
Light Switches A. Wipe and disinfect
A
Public
Area
Drinking
Fountains
A. Clean, disinfect
A
Offices,
Public
Areas
Dusting A. Dust plants, window
ledges, cubicle top
plates, HVAC air vents
up to 8’ high
A
Offices,
Public
Areas
Stairwells A. Wipe down handrails
B. Wipe down flat surfaces
and spot clean walls
A B
Offices,
Public
Areas
Interior
Windowsills in
common areas
below eight feet
high
A. Wipe surfaces and
remove cobwebs
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
198
EXHIBIT A
SCOPE OF WORK
8. POLICE DEPARTMENT (continued)
Area Item Work Description Daily Weekly Monthly
Exterior of
Building
Trash A. Remove trash from
exterior trash
receptacle located by
entrance to building
B. Pick up litter around
the building
perimeter*
A B
Exterior of
Building
Exterior
Windows
Located on
Ground Floor
below 8’ high
A. Remove cobwebs
A
Elevator Interior A. Vacuum flooring, wipe
down buttons and
handrails
A
*See map in Exhibit C-Facility Litter Pickup Boundaries
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
199
EXHIBIT A
SCOPE OF WORK
9. MULTI-SERVICE CENTER
Cleaning Days: Monday through Friday
Service Start Time: After 6:30 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Urinals, Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, sanitary
napkins (if
applicable)
B. Empty sanitary
napkin containers
and wipe down
exterior of container,
empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
D. Wipe baby changing
stations with child
safe disinfectant
A B, D C
Offices,
public
areas
Floors A. Sweep hard floors,
vacuum carpeted
floors
B. Wet mop hard floors
A, B
Offices,
public
areas
Exterior entry/exit
doors and
windows located
on either side of
the door
A. Spot clean glass,
wipe door handles
B. Wipe down metal
door trim surfaces,
remove cobwebs
A B
Offices,
public
areas
Interior office
doors and the
windows located
on either side of
the door
A. Spot clean glass
B. Wipe down metal
door trim surfaces,
door handles,
remove cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
200
EXHIBIT A
SCOPE OF WORK
9. MULTI-SERVICE CENTER (continued)
Area Item Work Description Daily Weekly Monthly
Offices,
public
areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs and
wipe surfaces of
meeting tables
B. Vacuum upholstery,
wipe down non-fabric
public furniture.
A B
Offices,
public
areas
Trash A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics
bags if torn or soiled
A
Offices,
public
areas
Light Switches A. Wipe and disinfect
A
Offices,
public
areas
Dusting A. Dust plants, interior
window ledges, cubicle
top plates, HVAC air
vents up to eight feet
high
A
Offices,
public
areas
Interior
Windowsills in
common areas
below eight feet
high
A. Wipe surfaces and
remove cobwebs
A
Exterior
of
Building
Trash A. Remove trash from all
exterior trash
receptacles
B. Pick up litter around
the building perimeter*
A B
Exterior
of
Building
Exterior Windows
and Doors Located
on Ground Floor
A. Remove cobwebs
A
*See map in Exhibit C-Facility Litter Pickup Boundaries
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
201
EXHIBIT A
SCOPE OF WORK
10. MAINTENANCE SERVICE CENTER
Bathrooms are in Admin Building, Fleet Shop, and Fuel Island Cleaning Days: Monday through Friday
Service Start Time: After 5:00 PM
Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Urinals,
Plumbing
fixtures,
Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls, soap,
sanitary napkins (if
applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
A B C
Offices,
public
areas in
admin
building
Floors A. Sweep hard floors,
vacuum carpeted
floors
B. Wet mop hard floors
A, B
Offices,
public
areas
in admin
building
Exterior
entry/exit doors
and windows
located on
either side of
the door
A. Spot clean glass, wipe
door handles
B. Wipe down metal door
trim surfaces, remove
cobwebs
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
202
EXHIBIT A
SCOPE OF WORK
10. MAINTENANCE SERVICE CENTER (continued)
Area Item Work Description Daily Weekly Monthly
Offices, public
areas in admin
building
Interior office
doors and the
windows on
either side of
the door
A. Spot clean glass
B. Wipe down metal
door trim surfaces,
door handles, remove
cobwebs
A B
Offices, public
areas in admin
building
Furniture
(excluding
employee
desks and
desk chairs)
A. Wipe down arms of
public area chairs
and wipe surfaces of
meeting tables
B. Wipe down non-fabric
public furniture.
A B
Offices, public
areas in admin
building
Trash A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics
bags if torn or soiled
A
Offices, public
areas in admin
building
Light Switches A. Wipe and disinfect
A
Offices, public
areas in admin
building
Dusting A. Dust plants, interior
window ledges,
cubicle top plates,
HVAC air vents
A
Offices, public
areas in admin
building
Interior
Windowsills in
common areas
below eight
feet high
A. Wipe surfaces and
remove cobwebs
A
Meeting
room/lunch-
rooms/kitchen
in admin
building
Tables/Counter
tops/Sink
A. Wipe down table
surfaces, clean sink
and counter tops A
FUEL ISLAND DUTIES
Area Item Work Description Daily Weekly Monthly
Fuel
Island
Fuel Island A. Empty trash can if
full, replace paper
towel rolls if empty.
A
Fuel island bathrooms will need to be cleaned on all City Holidays except Christmas Day and New Years Day, unless the Project Manager notifies Contractor otherwise.
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
203
EXHIBIT A
SCOPE OF WORK
11. FIRE STATION 6 (two bathrooms ONLY)
Cleaning Day: Wednesday
Service Start Time: Anytime between 12:00 PM and 6:00 PM Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep and wet mop A
Bathrooms Sinks, Toilets,
Plumbing
fixtures, Mirrors
A. Clean and disinfect,
clean mirrors to be
streak free A
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls and Light
Switches
A. Wipe, disinfect light
switches
B. Remove cobwebs
C. Wipe down walls
A, B C
Exterior Entry Door A. Remove cobwebs
from main entry area,
wipe down
windows/door
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
204
EXHIBIT A
SCOPE OF WORK
12. BANKHEAD PLAZA PUBLIC RESTROOMS
Women’s restroom has three stalls. Men’s restroom has two stalls.
Cleaning Days: Monday, Wednesday, Friday (Saturday night during weekend long special event)
Service Start Time: After 5:00 PM/9:00 PM after weekend Special Events* Area Item Work Description Daily Weekly Monthly
Bathrooms Floors A. Sweep, remove litter,
and wet mop A
Bathrooms Sinks, Toilets,
Urinal,
Plumbing
fixtures, Mirrors,
Countertops
A. Clean and disinfect,
clean mirrors to be
streak free A, B
Bathrooms Door Handles A. Clean and disinfect A
Bathrooms Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, sanitary
napkins (if applicable)
B. Empty sanitary napkin
containers and wipe
down exterior of
container, empty trash
receptacles and
replace bags daily
A, B
Bathrooms Walls A. Wipe down walls
B. Remove cobwebs A, B
*Contractor may need to service either Saturday night after 9:00 PM or before 7:00 AM on Sunday morning if there is an event that is held on the weekend. Prior notification will be provided by Project Manager.
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
205
EXHIBIT A
SCOPE OF WORK
13a-13c. PARKING GARAGES
Services are for the Livermore Valley Parking Garage, I St Garage, and L St Garage.
Cleaning Days: Monday through Friday
Service Start Time: Anytime
Area Item Work Description Daily Weekly Monthly
Elevators Elevator A. Sweep, remove litter,
wet mop, spot clean
glass/interior walls,
push buttons
B. Wipe down handrails
C. Wipe down metal
areas of the elevator
exterior on each
landing
A, B C
Stairwells Stairs and
Landings
A. Remove litter, sweep
up broken glass and
debris
A
Each
Floor of
Garages
Parking Areas A. Remove all litter from
the entire parking area
of each floor
A
Each
Floor of
Garages
Trash Cans A. Empty and reline each
trash can located in
various areas and on
each elevator landing
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
206
EXHIBIT A
SCOPE OF WORK
14. WATER RESOURCES BUILDINGS
Cleaning Days: Monday through Friday
Service Start Time: Anytime after 5:00 PM
MUST MOP ALL HARD FLOORS WITH HOT WATER
Area Item Work Description Daily Weekly Monthly
Bathrooms,
Locker Room
Area
Floors A. Sweep and HOT
MOP A
Bathroom Waterless
Urinal
A. Clean waterless
urinal with special
cleaner as per
manufacture
procedures
A
Bathrooms,
Locker Room
Area
Sinks, Toilets,
Urinals,
Plumbing
fixtures,
Mirrors,
Countertops
A. Clean and
disinfect, clean
mirrors to be
streak free A
Bathrooms,
Locker Room
Area
Showers A. Clean and disinfect
floors, walls,
shower fixtures
A
Bathrooms,
Locker Room
Area
Door Handles A. Clean and disinfect
A
Bathrooms,
Locker Room
Area
Toiletries and
Trash
A. Stock toilet paper,
paper towel rolls,
soap, sanitary
napkins (if
applicable)
B. Empty sanitary
napkin containers
and wipe down
exterior of
container, empty
trash receptacles
and replace bags
daily
A, B
Bathrooms,
Locker Room
Area
Walls and
Light Switches
A. Wipe, disinfect
light switches
B. Remove cobwebs
and wipe down
walls
A B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
207
EXHIBIT A
SCOPE OF WORK
14. WATER RESOURCES BUILDINGS (continued)
Area Item Work Description Daily Weekly Monthly
Offices, Public
Areas
Interior office
doors and the
windows on
either side of the
door
A. Spot clean glass
B. Wipe down metal
door trim surfaces,
door handles,
remove cobwebs
A B
Offices, Public
Areas
Furniture
(excluding
employee desks
and desk chairs)
A. Wipe down arms of
public area chairs
and wipe surfaces of
meeting tables
B. Wipe down non-
fabric public furniture.
A B
Offices, Public
Areas
Trash A. Empty bins into
appropriate trash,
recycle, and organics
containers. Replace
trash and organics
bags if torn or soiled
A
Offices, Public
Areas
Light Switches A. Wipe and disinfect
A
Offices, Public
Areas
Dusting A. Dust plants, interior
window ledges,
cubicle top plates,
HVAC air vents
A
Offices,
Public Areas
Interior
Windowsills in
common areas
below eight feet
high
A. Wipe surfaces and
remove cobwebs
A
Meeting
Rooms/Lunch-
Rooms/
Kitchens
Tables/Counter
tops/Sink
A. Wipe down table
surfaces, clean sink
and counter tops
B. Wipe down chairs
A B
Offices, Public
Areas
Floors A. Sweep and HOT
MOP hard floors,
vacuum carpeted
floors
A
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
208
EXHIBIT A
SCOPE OF WORK
14. WATER RESOURCES BUILDINGS (continued)
Area Item Work Description Daily Weekly Monthly
Exterior of
Building
Exterior
Windows on
Ground Floor
below eight feet
tall
A. Remove cobwebs
A
Elevator Floor, Buttons,
Handrails
A. Wipe down and
disinfect button and
handrails
B. Vacuum carpeted
flooring
A, B
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
209
EXHIBIT A
SCOPE OF WORK
DAY PORTER TIMETABLE, LOCATION, AND DUTIES
Times are approximate.
Time Location Duties
8:00am-11:00am
All Parking Garages and
Bankhead Plaza
Bathrooms
Garages- Empty garbage cans, pick up
litter on each floor, clean elevators.
Bankhead Bathrooms- Check toiletries,
mop floors, empty garbage cans, clean
counters, toilets, urinal, plumbing fixtures,
wipe down door handles, wipe down
mirrors.
11:30am-Noon Maintenance Service
Center
Admin building/Fleet Shop Bathrooms-
Check toiletries, soap, and empty garbage
cans if needed, only in bathrooms.
Fuel Island- Change out water to window
cleaning container, check stock of paper
towel dispenser on fuel island, empty
trash can.
Fuel Island bathrooms- Check stock of
toiletries/soap, empty trash if needed.
12:30pm-1:30pm City Hall
Check bathrooms for stock of toiletries,
soap, empty bathroom garbage cans if
needed. Check exterior garbage cans and
empty if full. Pick up litter around building
once a week. Spot clean all entry doors
and windows.
1:30pm-2:30pm Police Department
Check all bathrooms for toiletries, soap,
and empty garbage containers as needed.
Empty garbage can outside the main
entry if needed and wipe down exterior
water fountain bowl.
2:30pm-4:30pm Civic Center Library
Check all bathrooms for toiletries, empty
garbage if needed, check soap
dispensers, mop floors and clean
toilets/urinals daily. Spot clean entrance
doors, pick up litter around designated
building perimeter each day. Empty
exterior garbage containers daily.
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
210
EXHIBIT A
SCOPE OF WORK
PAPER PURCHASING REQUIREMENTS
All paper products purchased by Contractor to perform the services of this Agreement must comply with California’s SB 1383 Paper Purchasing Requirements. They must meet (or exceed) the following post-consumer recycled-content (PCRC) standards:
• Toilet tissue shall contain at least 45% PCRC
• Paper towels shall contain at least 40% PCRC
• Toilet seat covers shall contain at least 20% PCRC
• Facial tissue shall contain at least 10% PCRC
Contractor shall provide electronic usage reports to the Project Manager for paper products on a quarterly basis and upon the request of the Project Manager. These reports shall be submitted in a Microsoft Excel electronic file.
CITY OBSERVED HOLIDAYS
• New Years Eve
• New Years Day
• Martin Luther King Day
• Presidents Day
• Memorial Day
• Fourth of July
• Labor Day
• Veterans Day
• Thanksgiving Day
• Day after Thanksgiving Day
• Christmas Eve
• Christmas Day
On City observed holidays, only the following buildings/areas will still need to be serviced:
• Police Department- Clean first floor and bathrooms on second floor only. The only days the Police Department will not need janitorial service is Christmas Day and New Years Day.
• Fuel Island at the Maintenance Service Center- Clean and restock bathrooms on any holiday observed on a Monday. If the holiday is observed on any other day, the service can be provided the next business day.
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
211
EXHIBIT B
FEE SCHEDULE
Contractor shall be compensated for the services identified in Exhibit A to this Agreement as follows:
1. Maximum Not to Exceed amount.
A. The maximum Contractor shall be paid on this Agreement is the not -to- exceed amount set forth in Paragraph 15(a) of the Agreement, which is $3,300,000.00 (”not-to-exceed amount”). The not-to-exceed amount includes all payments to be made pursuant to this Agreement, including City- approved reimbursable expenses, if any. Nothing in this Agreement requires City to pay for work not identified in Exhibit A.
B. Standard Reimbursable Items: Contractor shall only be compensated for the reimbursable expenses identified in Exhibit B, which may include items listed in subsection (1) of this Paragraph B of Exhibit B but shall expressly exclude items listed below in Section (1)(C) of this Exhibit B. Reimbursable expenses will be reimbursed without markup. Reimbursable expenses shall not exceed the amount set forth in Section (1)(A) of this Exhibit B and a copy of the original invoice(s) for the items listed below in subsection (1) of this Paragraph B shall be attached to invoices submitted to City for reimbursement. Payments shall be based upon work performed by Contractor for City. Additionally, items such as telephone, fax, postage, or freight are already included in the monthly pricing rate and are not separately reimbursable. Contractor shall be reimbursed its direct expenses, which are the actual cost of the items that are reasonable, necessary, and actually incurred by Contractor in performing the Services.
1. City shall compensate Contractor for consumables including, but not limited to bathroom paper products, hand soap, floor cleaning solution, liners for refuse receptacles, air freshener, and floor cleaning solution (“Consumables”).
C. Items Ineligible for Reimbursement: The items listed below are not eligible for reimbursement:
1. T ravel time , procurement time, or disposal time, which is already included in the rates set forth in the table attached hereto and made a part of this Exhibit B.
2. Any purchase or rental of equipment, tools, software, or electronic applications to complete tasks in Exhibit A.
3. Hourly labor in addition to the monthly pricing unless both the type of hourly rate and number of hours to be worked are approved by Project Manager in writing in advance.
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
212
EXHIBIT B
FEE SCHEDULE
4. Markup of Consumables.
5. Markup added to the actual cost of expenses, fees, or charges for printing, reproduction, or binding of documents.
6. Markup added to the actual costs of any filing fees, permit fees, or other fees paid or advanced by Contractor.
D. Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. City will pay Contractor based on invoices for acceptable work performed until the not -to-exceed amount is reached.
Thereafter, Contractor must complete the Services based on the Agreement without additional compensation unless there is a material change to the Scope of Work by a written amendment executed pursuant to Paragraph 36 of this Agreement.
2. Pricing
A. City shall compensate Contractor for the s ervices according to the rates included in the table attached to and made part of this Exhibit B.
1. Starting on January 1, 2027, the monthly pricing, day porter rates, and hourly labor rates specified in Exhibit B shall be increased once every twelve months ; the monthly pricing, day porter rates, and hourly labor rates shall be increased by three percent (3%) or the percentage increase in the Consumer Price Index for all Urban Consumers (“CPI -U”) in the San Francisco- Oakland-Hayward, California area from the prior calendar year’s CPI-U rate in October, whichever is greater . The monthly pricing, day porter rates, and hourly labor rates outlined in the table attached hereto in Exhibit B are valid through December 31, 2026.
B. City shall compensate Contractor for Consumables based on actual usage.
City will only compensate Contractor for Consumables used for services performed solely in the City to provide services based on this Agreement.
The Consumables invoiced must match the quarterly Consumables usage reports.
3. Invoices
Contractor shall submit one invoice with monthly pricing and itemized Consumables and materials once per month for its work performed including the location of the work and where the Consumables were used for billing purposes . A price sheet for the C onsumables shall also be included in each invoice. Invoices shall be delivered via email to [email protected].
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
213
EXHIBIT B
FEE SCHEDULE
Contractor shall provide receipts for Consumables and materials only upon request by the Project Manager. If said receipts are requested, Contractor must provide said receipts to be eligible for payment on those Consumables and materials costs.
Contractor shall itemize taxable Consumables and materials on invoices separately from the monthly pricing. Any invoices including hourly rates shall specify the applicable hourly rate(s) and the location of the facility(ies) where the additional work occurred.
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
214
EXHIBIT B
FEE SCHEDULE
MONTHLY PRICING FOR EACH BUILDING
Location Approx Square
Footage
Monthly Price
1 Airport - (6) Hangar
Bathrooms
~400 $1,100.00
2 Airport Terminal 3,900 $1,900.00
3 City Hall 53,128 $5,844.00
4 Civic Center
Meeting Hall
21,910 $2,410.00
5 Library-Civic Center 52,715 $7,985.00
6 Library-Rincon 4,200 $975.00
7 Library-Springtown 2,392 $775.00
8 Police Station 34,876 $7,905.00
9 Multi-Service
Center
10,000 $1,800.00
10 Maintenance
Service Center
8,126 $875.00
11 Fire Station 6
Meeting Room &
Bathroom
1,024 $375.00
12 Bankhead Plaza
Public Restrooms
300 $1,100.00
13 Parking Garages –
(3)
186,800 Rate included in
Day Porter pricing
14 Water Resources
Buildings
15,207 $2,500.00
Day Porter N/A $5,404.00
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
215
EXHIBIT B
FEE SCHEDULE
HOURLY LABOR PRICING
Any additional work completed outside of the regular tasks as described in Exhibit A shall be compensated at the below rates.
Hourly Labor Rate
Hourly Rate for Special Events.
Example: Airport Open House on 4th
of July/Bankhead Plaza Public
Bathrooms during weekend long
events
$31.75 (minimum 3-hour charge)
Holiday Janitorial Rate. Example:
Clean Fuel Island Bathrooms, and
Police Department
$42.90
Hourly Rate for On-Call Clean Up
Vomit/Feces inside City of
Livermore Buildings
$42.90 (minimum 3-hour charge)
Regular Hourly Rate for possible
Misc. Tasks During Business Hours
$31.75
Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
EXHIBIT A
216
Revised 9/21/2015 B3 – 3M
EXHIBIT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1 ,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
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.
2. The limits of insurance required in this agreement may be satisfied by a Docusign Envelope ID: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
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Revised 9/21/2015 B3 – 3M
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: 7E89DACC-5F2D-479A-A0C2-C58B7BC97B17
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.11
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Carl Brown, Public Works Director
SUBJECT:
Resolution awarding and authorizing the execution of an agreement with Mission Critical Specialists, Inc. to replace the uninterruptible power supply at City Hall, Police Station, and Civic Center Library in an amount not-to-exceed $300,000 for a one-year term ending October 31, 2026.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution awarding and authorizing execution of an agreement with Mission Critical Specialists, Inc. to replace the uninterruptible power supply at City Hall, Police Station, and Civic Center Library in an amount not-to-exceed $300,000 for a one-year term ending October 31, 2026.
DECISION TYPE
Administrative
SUMMARY
On July 8, 2025, City staff issued a Request for Proposal to replace the uninterruptible power supply at City Hall, Police Station, and the Civic Center Library. The project is Capital Improvement Project BL 202125. One service provider responded. Staff have completed their review of the proposal received and is recommending Mission Critical Specialists, Inc.
DISCUSSION
The Maintenance Division of the Public Works Department is tasked with providing uninterruptible power supply (UPS) units to City Hall, the Police Department, and the Civic Center Library. The UPS utilizes a battery backup as a power source for important computer hardware components in the event power is lost. The current UPS system is more than 18 years old and beyond the useful life of the equipment. The City has an existing agreement for maintenance and repair of the current UPS with Mission Critical Specialists, Inc. which was the only company that submitted a proposal to the City. 219
The service provider selection process included an initial review of the proposals, reference checks, and interviews. The criteria used for evaluation included:
• The ability, capacity, and skill of the proposer to provide the required services; • The character, integrity, reputation, judgment, and efficiency of the proposer; and, • Ability of the proposer to provide services and materials in a timely manner.
Mission Critical Specialists, Inc. was the sole bid received and represents the best value bid as they have a history of reliability, responsiveness, and expertise to complete the scope of work.
Staff recommends the City accept the bid from Mission Critical Specialists, Inc. and initiate a new agreement beginning on November 1, 2025 through October 31, 2026.
FISCAL AND ADMINISTRATIVE IMPACTS
The cost of this contract is $300,000 which is allocated in the Capital Improvement Project BL 202125 and fully funded in FY 2025-26.
COMMUNITY PILLARS
5: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure
ATTACHMENTS
1. Resolution
2. Exhibit A - Agreement
Prepared by: Marisa Gan
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
220
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AWARDING AN AGREEMENT TO MISSION CRITICAL
SPECIALISTS, INC. FOR REPLACEMENT OF THE
UNINTERRUPTIBLE POWER SUPPLY SYSTEMS AT CITY HALL, THE
POLICE DEPARTMENT, AND THE CIVIC CENTER LIBRARY IN AN
AMOUNT NOT-TO-EXCEED $300,000 FOR A ONE-YEAR TERM
(UPS Replacements at Civic Center – Project BL202125)
The Maintenance Division of the Public Works Department is tasked with providing uninterruptible power supply (“UPS”) units to City Hall, the P olice Department, and the Civic Center Library . The current UPS system is more than eighteen years old and has exceeded its useful life.
The City of Livermore issued a Request for Proposals for the replacement of the UPS units at City Hall, the Police Department, and the Civic Center Library . One proposal was submitted by Mission Critical Specialists, Inc., which is the best value and only bidder for the project.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it:
1. Awards to Mission Critical Specialists, Inc. , the agreement, attached hereto as Exhibit A, for replacement of the UPS units at City Hall, the Police Department, and the Civic Center Library , in an amount not -to-exceed $300,000 for a one-year term.
2. Authorizes the City Manager, or her designee, to execute an agreement with Mission Critical Specialists, Inc. , attached hereto as Exhibit A, for replacement of the UPS units at City Hall, the Police Department, and the Civic Center Library , in an amount not-to-exceed $300,000 for a one-year term.
3. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving minor changes to the proposed agreement.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
221
2 RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – Agreement with Mission Critical Specialists, Inc. 222
25-0522
AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Livermore (“City”), a municipal corporation, and Mission Critical Specialists, Inc. (“Contractor”), a California corporation.
RECITALS
City requires services to replace the uninterruptible power supply at City Hall, the Police Station, and the Civic Center Library.
Contractor represents and warrants that 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 representations and warranties as inducement to award this Agreement to 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 and defined below in Section 3 Description of Services subject to the terms and conditions in this Agreement.
2. Relationship of Parties – Independent Contractors.
(a) The relationship of the parties shall be that of independent contractors.
Contractor is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Contractor and its personnel performing the Services on behalf of Contractor are not City officers or employees. Contractor’s personnel shall at all times be under Contractor’s exclusive direction, control, supervision, and management.
Contractor, at its own cost and expense, is responsible for all workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the delivery of the Services by Contractor’s personnel. (c) Contractor and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall not incur or have the power
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to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Contractor shall provide the services described in the recitals and more particularly set forth in Exhibit A Scope of Work , which are collectively defined as “the Services” for the purposes of this Agreement.
4. Contractor’s Responsibilities. Contractor, at its own cost and expense, shall:
(a) Coordinate the Services with Jason Calkins, Public Works Supervisor - Maintenance (“Project Manage r”), or such other person designated as the Project Manager by City;
(b) At all times faithfully, competently, and diligently perform the Services to the best of its ability, experience, and talent in a courteous manner commensurate with industry, trade, and community standards. Consultant shall follow the highest industry standards when performing the Services required hereunder and covenants that all goods, materials, and equipment will be both of good quality as well as fit for the purpose intended. For the purposes of this Agreement the phrase “highest industry standards” means those standards recognized by one or more first-class contractors performing similar Services under similar circumstances within City’s region; (c) Provide the resources and assign competent Contractor personnel necessary to complete the Services in a timely manner;
(d) Immediately remove and replace, without any cost to City, any member of Contractor’s personnel providing the Services to City, in its sole discretion and at any time during this Agreement, directs Contractor to remove and replace, and City agrees to advise Contractor of the reason for the direction for the removal and replacement; (e) Provide all facilities, goods, mate rials, and equipment that may be necessary for Contractor’s personnel to provide the Services; (f) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally required and required by trade, craft, or classification for Contractor to provide the Services, including obtaining a business license from the City of Livermore, and keep them all in effect for the term of this Agreement;
(g) Obtain and complete the appropriate City forms for the City to pay Contractor electronically via the Automated Clearing House (ACH). Those forms may be obtained by email at accountspayable@livermo reca.gov or by calling Accounts Payable staff at (925) 960-4345. If Contractor opts-out of electronic payment, it must likewise complete the appropriate City forms that can be obtained from those same sources for payment by check. The authority granted by those forms will remain in force and effect until the City receives written notification of changes, which changes shall not take effect for at least ten business days to afford City a reasonable opportunity to act;
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(h) Provide City with a complete Request for Taxpayer Identification Number and Certification Form W-9 using the form most recently issued by the Internal Revenue Service;
(i) Comply with all applicable state and federal laws, as well as Alameda County and City of Livermore ordinances, regulations, and adopted codes, when providing the Services;
(j) Only invoice City for the Services rendered. Contractor’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Contractor shall certify the correctness of any invoice or invoices for Services provided. Contractor shall not submit an invoice to City more frequently than once a calendar month;
(k) 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 three years from the date of City’s 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 to take possession, then Contractor and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(l) Be available to the Project Manager, City staff, and other parties referred to Contractor by the Project Manager to answer questions or inquiries related to the Services or invoices;
(m) Prepare and submit a written report to the Project Manager, within three 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;
(n) Correct all errors in the Services. If Contractor fails to make such correction in a timely manner, then City may make the correction and then charge the cost thereof to Contractor or deduct that cost from the compensation payable to Contractor; and, (o) Comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, when providing the Services.
5. Taxes, Fees and Assessments. Contractor is solely responsible for the payment of any taxes, fees, assessments, and other charges, including penalties and interest, that may be imposed by law and arise from or incurred by Contractor’s performance of the Services. Contractor shall defend, indemnify, and hold harmless the Indemnified Parties defined in Section 20 below against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against Contractor. The
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indemnity in this Section 5 are in addition to and do not in any way limit Contractor’s obligations in Section 20 below
6. Prevailing Wages.
(a) Contractor is aware of the requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code and applicable regulations (collectively “Prevailing Wage Laws”) that require the payment of prevailing wage rates (§§ 1771, 1774, and 1775), employment of apprentices (§§ 1777.5 and 1775.6), certified payroll records (§ 1776), hours of labor (§§ 1813 and 1815), registration and debarment of contractors and subcontractors (§ 1777.1), and the performance of other requirements on public works and maintenance projects as defined the Prevailing Wage Laws. (b) The prevailing wage rates for crafts, classifications, and types of workers are available online at http://www.dir.ca.gov /DLSR, and Contractor is responsible for determining whether the workers are entitled to the payment of prevailing wages and Contractor must pay no less than the specified rates to all entitled workers performing the Services. The schedule of per diem wages is based upon a working day of eight hours.
The rate for holiday and overtime work must be at least time and one-half. (c) Contractor shall ensure that all work for compensation is taken in compliance with the requirements of the Prevailing Wage Laws including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.
(d) 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. (e) Work on public works and maintenance projects as defined by the Prevailing Wage Laws is subject to compliance monitoring and enforcement by the California Department of Industrial Relations pursuant to California Labor Code section 1771.4. No contractor may be awarded a contract for public works and maintenance projects as defined by the Prevailing Wage Laws unless currently registered with the California Department of Industrial Relations pursuant to California Labor Code section 1725.5.
(f) Contractor agrees to indemnify, defend, and hold City harmless from any claim that prevailing wages should have been paid, and Contractor shall be liable for the payment of the same and penalties thereon. It is Contractor’s responsibility to be familiar with the California Labor Code and the Prevailing Wages Laws, and failure or neglect of Contractor to understand th e California Labor Code shall and Prevailing Wage Laws in no way relieve Contractor from any obligations thereunder or under this Agreement. (g) Contractor acknowledges that failure to pay prevailing wages to an entitled worker performing the Services may result in the Contractor being ineligible to contract with City.
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7. Familiarity with Services. Contractor represents that it: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be performed; and, (iii) fully understands the facilities, difficulties, and restrictions associated with performing the Services. If Services involve work on City property, Contractor further represents that it has investigated the property and is fully acquainted with its condition. If Contractor discovers any latent or unknown conditions that materially affect performance of the Services, then Contractor shall immediately notify City of such discovery and shall not proceed with the Services except at Contractor’s risk until Contractor receives written instructions from the Project Manager.
8. Service Warranties.
(a) Contractor warrants that it possesses all capital and other equipment, labor, goods, materials, supplies, and licenses necessary to carry out and complete the Services in compliance with any and all federal, state, county, and city laws, ordinances, and regulations.
(b) Contractor warrants, in addition to all warranties provided or implied by law or public policy, that all Services (including but not limited to all goods, materials, and equipment supplied by the Services) shall be free from defects in design and workmanship. During the term of this Agreement and for one year following its completion, expiration, or termination, Contractor agrees to replace or repair any Services (including but not limited to all goods, materials, and equipment supplied by the Services) that fail due to defects in material or workmanship, which replacement or repair shall be completed by Contractor within 30 days of notice of the failure by City.
9. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.
10. Preservation of City Property. Contractor shall provide, install, and utilize suitable safeguards, approved by City, to protect City property from injury or damage when providing the Services. If City property is injured or damaged as a result of Contractor’s Services, then the Contractor shall, at its own cost and expense, replace or restore that property to a condition as good as when Contractor began providing the Services, which work shall be completed within a reasonable time. In all situations arising out of this Agreement, City and Contractor shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
11. Inspection. Contractor shall furnish City every reasonable opportunity for City to ascertain that the Services by Contractor are being performed in accordance with the requirements and intentions of this Agreement. All work performed and all goods, materials, and equipment provided shall be subject to City inspection and approval. City inspection of such work, goods, materials, and equipment shall not relieve Contractor of any of its obligations to fulfill the requirements in this Agreement.
12. Audit. In addition to the requirements in Section 4(k) above, Contractor shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as
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licensed software and any electronic records shall be kept for a period of three years after the date of final payment to Contractor. Contractor agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy, or transcribe any of Contractor’s records pertaining to this Agreement at any time during normal business hours. Contractor shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could result in cause for termination.
13. Term. The term of this Agreement commences on November 1, 2025, and terminates upon the completion of the Services or October, 31, 2026, whichever occurs first.
14. 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 Contractor shall then 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 and subject to Section 15.
15. Compensation and Payment.
(a) The total compensation payable by City to Contractor for the Services SHALL NOT EXCEED the sum of $300,000.00 ("not-to-exceed amount"). (b) City shall compensate Contractor for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Contractor for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Contractor and City acknowledge that compensation paid by City to Contractor pursuant to this Agreement is based upon Contractor’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Contractor and City further agree that compensation paid by City to Contractor is intended to include the costs of contributions to any pensions or annuities, or both, to which Contractor and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Contractor under this Agreement. As provided in this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Contractor’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 Contractor, its agents, and employees to provide the Services, including all taxes Contractor is required to pay. (d) 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.
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(e) City shall pay Contractor via the Automated Clearing House or as otherwise instructed by Contractor pursuant to Section 4(g) above.
16. Ownership.
(a) Contractor shall bear the risk of loss or damage to any goods, materials, or equipment associated with the Services until delivered to and accepted by City. (b) 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.
(c) All goods, materials, and equipment purchased for or produced as a result of the Services, including all warranties therefore, are City’s property and Contractor shall deliver them to City upon demand.
17. Intellectual Property, C opyright, 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.
18. Confidentiality. Contractor shall not disclose any confidential or proprietary information received from City to anyone except Contractor’s personnel 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 returned to City or confirmed destroyed in a manner satisfactory to City.
19. Defense, Indemnity, and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to City, City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “Indemnified Parties”) 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, 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 the Indemnified Parties. 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 City.
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(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).
20. Insurance. Without limiting Contractor’s indemnification of the Indemnified Parties, Contractor shall procure and maintain at its own expense during the term of this Agreement policies of insurance in the amounts and under the terms set forth in Exhibit C Insurance Requirements against claims and Liability th at 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.
21. Force Majeure; Service Delays. Should Contractor’s performance of the Services be obstructed or delayed due to changes in the Services by City, by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain goods, materials, equipm ent, or labor due to federal government restrictions arising out of defense or war programs, then Contractor’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Contractor. Nothing in this section restricts City’s authority in Section 14 to terminate this Agreement.
22. 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.
23. 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.
24. Conflict of Interest. Contractor represents that no City employee or official has a financial interest in Contractor. Contractor shall not offer, encourage, or accept any financial interest in any part of Contractor's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Contractor represents that it has not performed any work for that private party during the twelve-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.
25. Economic Disclosure. Contractor shall comply with City’s local conflict of interest code implementing the California Political Reform Act and shall prepare and file
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an economic disclosure statement if the Services involve making, or participation in making, governmental decisions or financial decisions by City that may have a material effect on Contractor’s financial interests. Wh ile it is Contractor’s sole responsibility to evaluate its conflicts of interest, Contractor nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
26. Levine Act Compliance. California Government Code section 84308 (Levine Act) prohibits City officers from participating in any action related to a contract, license, permit, or entitlement if the officer receives political contributions from a party, or participant, or agent thereof, that totals more than $500 within the twelve months preceding the decision or within the twelve months following the date of the final decision.
Contractor shall review and complete as necessary the City’s California Levine Act Disclosure Statement that can be obtained from the City Clerk.
27. Use of Recycled Products. If fitness and quality are equal, then Consultant shall utilize recycl ed products consistent with the City’s Environmentally Preferrable Purchasing and Practices Policy, and as defined in California Public Contract Code Section 12200 for the Services, instead of nonrecycled products whenever recycled products are available at the same or a lesser cost than nonrecycled items. Information on recycled materials can be found here:
x Sustainable Purchasing | StopWaste - Home, Work, School x Reducing Waste at Work | StopWaste - Home, Work, School x Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing | US EPA
28. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified contractors to provide, services that are the same or similar to the Services.
29. Business Entity Status. Contractor is responsib le for filling all required documents and forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, as well as the California Business and Professions Code and any other state statute, to the extent such requirements apply to Contractor to provide the Services. By entering into this Agreement, Contractor represents that it is: authorized to do business in California; in good standing with the California Secretary of State; and, in good standing with all agencies having jurisdiction over Contractor, including any licensing agencies and trade industries. If Contractor is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
30. Authority to Execute Agreement. Contractor has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Contractor has received and accepted the authority to sign and execute this Agreement on behalf of Contractor. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Contractor, enforceable against Contractor in accordance with its terms, which authorization is ratified and confirmed upon Contractor’s acceptance of the first compensation payment by City
31. No Subcontracting and No Assignment. Contractor’s unique personal competence, experience, specialized perso nal knowledge, trade skills, and reputation were a substantial inducement to City for the award of this Agreement to Contractor,
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therefore no part of the Services may be assigned or subcontracted 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.
32. 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, Contractor must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
33. Work Eligibility. Contractor warrants that only personnel authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be provided by Contractor for the performance of the Services.
34. Non-Discrimination. In performance of the Services, Contractor agrees that it will not engage in discrimination in employment of persons because of such person’s race, color, religion, sex/gender, gender identity/expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, age, or any protected classificati on when providing the Services. Consultant further agrees to comply with all provisions of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities receiving federal financial assistance. Consultant further assures that it will take necessary actions to ensure compliance with these requirements in the performance of this Agreement.
35. Construction of Language.
(a) 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 ambiguit y 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 any exhibit hereto, the language in the body of the Agreement controls.
(b) For the purposes of this Agreement, the terms “writing” and “written” includes electronic documents and communication via email, but not when those terms are used in Sections 14, 20, 31, and 35 through 38 for notices, consent, or modifications.
For the notices, consent, and modifications in Sections 14, 20, 31, and 35 through 38 the terms “writing” and “written” means either a physically tangible document or an electronic document that satisfies the requirements in Livermore Municipal Code Section 2.64 Electronic Signatures
36. 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.
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37. 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, with a courtesy copy delivered by email to the email addresses below:
TO CITY: Attention: Jason Calkins
City of Livermore / Public Works
3500 Robertson Park Road
Livermore, CA, 94550
Email: [email protected]
[email protected]
[email protected]
[email protected]
TO CONTRACTOR: Attention: Matt Rey
Mission Critical Specialists, Inc.
6080 Enterprise Drive
Diamond Springs, CA, 95619
United States
Email: [email protected]
38. Waiver. Failure to insist upon the strict performance of any term or condition 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.
39. 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.
40. Survival. The terms, conditions, and obligations in Sections 2, 5, 6, 8, 11, 12, 16 through 19, 31, 32, 35, and 38 through 41 shall survive the completion or termination of this Agreement.
41. Jurisdiction and Venue. The interpretation, validity, and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, claim, or legal action of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda or in the United States District Court for the Northern District of California.
42. Electronic Signatures. By signing this document, you are agreeing that you have reviewed this disclosure information and consent to transact business using electronic communications, and to utilize electronic signatures in lieu of using paper documents pursuant to Livermore Municipal Code section 2.64 Electronic Signatures and all other applicable laws. You are not required to sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.
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43. 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 Exhibit List on the Next Page
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of the City after it was signed by Contractor.
CONTRACTOR: Dated:
____________________________________________________________ Dawn Gallagher
President
CITY OF LIVERMORE: Dated:
_____________________________________________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________________
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:
___________________________
Risk Manager/Analyst
Exhibits:
Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
Exhibit D – DIR Compliance Certification
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EXHIBIT A
235
EXHIBIT A
SCOPE OF WORK
Mission Critical Specialists, Inc. (“Contractor”) shall provide all necessary labor, equipment, vehicles, supplies, parts, and materials to provide the following summary of services in the City of Livermore, as detailed in more particularly in Exhibit B:
1. Replacement of the existing uninterruptible power supply (“UPS”) at three City facilities: City Hall, Police Station, and Civic Center Library;
2. Provide system design, me thod of procedure, drawings, plan check, City permit, and project management for the UPS replacement project;
3. Receive, offload, uncrate, and assemble the replacement equipment;
4. Provide startup services for the new UPS system; and,
5. Properly dispose of old equipment.
Terms of Work
1. This agreement does not obligate City to any particular amount of work to be completed by Contractor.
2. Contractor shall follow all applicable safety and environmental rules and regulations.
3. City reserves the right to halt work at any time for noncompliance with this agreement, or unsafe work conditions or practices.
4. Contractor shall keep worksites reasonably clear of debris and protect the safety of the public and City employees at all times. Contractor shall promptly remove all materials from each job site upon completion of the work.
5. Contractor shall provide City with prompt notification of any deficiencies found during site visits.
6. Contractor shall perform replacement work as required by City.
7. Contractor staff assigned to perform work at the Police Department location shall submit to and pass a background check.
8. All employees of Contractor shall wear uniforms or badges clearly identifying them as employees of Contractor while on City premises for the purpose of completing work.
9. Contractor shall not perform any repair work without prior written authorization from the Project Manager.
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EXHIBIT A
236
EXHIBIT B
FEE SCHEDULE
Contractor shall be compensated for the Services identified in Exhibit A to this Agreement as follows:
1. Maximum Not-To-Exceed Amount.
A. The maximum Contractor shall be paid on this Agreement is the not-to- exceed amount set forth in Paragraph 15(a) of the Agreement, which is $300,000 (“not-to-exceed amount”). The not-to-exceed amount includes all payments to be made pursuant to this Agreement, including City-approved reimbursable expenses, if any. Nothing in this Agreement requires City to pay for work not identified in Exhibit A.
B. Standard Reimbursable Items: Contractor shall only be compensated for the reimbursable expenses identified in Exhibit B, which shall expressly exclude items listed below in Section 1(C) of this Exhibit B. Reimbursable expenses will be reimbursed without markup. Reimbursable expenses shall not exceed the amount set forth in Section (1)(A) of this Exhibit B. Payments shall be based upon work performed by Contractor for City and accepted by the Project Manager. Additionally, items such as telephone, fax, postage or freight are already included in the pricing for the Services and are not separately reimbursable. Contractor shall be reimbursed its direct expenses, which are the actual cost of the items that are reasonable, necessary, and actually utilized by Contractor in performing the Services.
C. Items Ineligible for Reimbursement: The items listed below are not eligible for reimbursement:
(i) Any purchase or rental of, or for the time to procure, equipment, tools, software, or electronic applications to complete tasks in Exhibit A.
(ii) Contractor’s travel time or travel expenses.
(iii) Markup of: (a) any parts and materials costs; (b) expenses, fees, or charges for printing, reproduction, or binding of documents; or (c) any filing fees, permit fees, or other fees paid or advanced by the Contractor.
D. Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. City will pay Contractor based on invoices for acceptable work performed and approved until the not-to-exceed amount is reached. Thereafter, Contractor must complete the Services based on the Agreement without additional compensation unless there is a material change to the Scope of Work by a written amendment executed pursuant to Paragraph 36 of the Agreement.
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EXHIBIT A
237
EXHIBIT B
FEE SCHEDULE
E. If the Services are completed before the not-to-exceed amount is reached, Contractor’s compensation will be based on Contractor’s invoices previously submitted for acceptable work performed and approved by the Project Manager.
2. Pricing
A. City shall compensate Contractor for the Services according to the rates included in the following pages attached to and made part of this Exhibit B.
B. Compensation shall be granted as approved by the Project Manager.
Contractor shall not exceed published pricing as included in this Agreement unless authorized by the Project Manager in writing prior to the procurement of materials or the commencement of the task.
C. Contractor shall only bill for work after completion.
3. Invoices
Contractor shall provide invoices that include breakdown of costs including labor hourly rate, number of labor hours, date(s) of service, parts base cost for each part, and sales tax, if any.
Invoices shall be delivered via email to:
[email protected].
Contractor shall provide receipts for parts, materials, and disposal costs only upon request by the Project Manager or administrative staff. If said receipts are requested, Contractor must provide said receipts to be eligible for payment on the labor or those parts, materials, or disposal costs.
Contractor shall itemize taxable parts and materials on invoices.
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EXHIBIT A
238
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
QUOTE # PQ03672
PREPARED FOR PREPARED BY
Jason Calkins Dan Gallagher
City of Livermore July 31, 2025
1110 S. Livermore Ave
Livermore, CA 94550
UPS Replacement – Police
Mission Critical Specialists, Inc. (MCS) is pleased to provide you with the following quotation to replace the aged, end-of-life 30kVA redundant UPS system supporting critical loads at the police department with a new 30kVA redundant UPS system. Equipment description and scope of work referenced below:
EQUIPMENT
MCS will furnish the following equipment to the Livermore Police Department:
MANUFACTURE DESCRIPTION QUANTITY
Riello 30KVA30kW 208V Input / Output UPS Module 2
Riello UPS 208V / 208V Paralleling Bypass Cabinet 1
Riello Internal Battery with 8-Minutes of Runtime 2
SYSTEM OVERVIEW
The existing uninterruptible power supply system consists of a redundant 30kVA/24kW Liebert UPS system with two UPS modules each with a single string of VRLA batteries connected to an output cabinet feeding the critical load. The 2011 system is one year from its’ end-of-life as parts are becoming increasingly difficult to obtain as this unit is no longer in production.
SCOPE OF WORK
The scope of this project is to replace the UPS system with redundant Riello 30kVA30kW UPS modules, battery systems and a paralleling / bypass cabinet.
MCS will provide system design, method of procedure, drawings, plan check, city permit, onsite labor and project management for the UPS replacement project. Detailed Scope of work referenced below:
EXHIBIT B
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EXHIBIT A
239
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
MCS will receive, off-load, uncrate and assemble the replacement equipment for the UPS replacement project.
¾ Provide detailed MOP and script for UPS replacement project ¾ Provide equipment layout and single line diagram of new system ¾ Provide UPS technical support services
o Provide Liebert UPS transfer activities
o UPS system shutdown
¾ During an approved window, shutdown the existing UPS systems and their associated battery systems
¾ Disconnect and remove UPS input feeders from panel “UPS-1” ¾ Remove UPS output feeders from UPS paralleling cabinet ¾ Disconnect and remove DC feeders from UPS to battery cabinet ¾ Remove feeders from parallel cabinet to load
¾ Remove UPS modules, parallel and battery cabinets from room ¾ Provide rigging and installation of the following equipment:
o (Qty-2) UPS modules
o (Qty-2) Battery cabinets
o (Qty-1) paralleling / bypass cabinet
¾ Provide conduit and cabling from new UPS-1 to panel “UPS-1” ¾ Provide conduit and cabling from panel “UPS-1” to UPS-2 ¾ Provide conduit and cabling from new UPS-1 and 2 output to new paralleling / bypass cabinet ¾ Intercept existing load conductors and connect to new paralleling cabinet ¾ Provide startup services of new UPS system
¾ Transfer critical load onto new UPS system
¾ Dispose of all old equipment from site
COST
Engineering, Design & Drawings $ 4,240.00
Plan Check & Permits $ 2,700.00
UPS Modules, Battery Cabinets & Paralleling Cabinet $ 60,280.00 Off-Loading & Un-crating $ 2,580.00
UPS Transfers & Shutdown $ 1,290.00
Rental Equipment $ 2,165.00
Disconnect & Removal of Existing UPS System $ 5,160.00
Rigging & Installation Services $ 4,840.00
Electrical Material $ 7,425.00
Electrical Labor $ 7,740.00
Start-up Services $ 6,200.00
EXHIBIT B
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EXHIBIT A
240
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
Logistics & Coordination $ 5,230.00
Disposal $ 1,250.00
Estimated Sales Tax 10.25% $6,939.76
Estimated Freight $2,700.00
Notations: Based on off-hours window. Total Cost: $ 120,739.76
EXHIBIT B
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EXHIBIT A
241
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
QUOTE # PQ03674
PREPARED FOR PREPARED BY
Jason Calkins Dan Gallagher
City of Livermore July 31, 2025
1052 S. Livermore Ave
Livermore, CA 94550
UPS Replacement – City Hall
Mission Critical Specialists, Inc. (MCS) is pleased to provide you with the following quotation to replace the aged, end-of-life 50kVA/40kW Mitsubishi UPS system supporting critical load at City Hall. This system is 24 years old, 9 years past the design life of the system, parts are no longer available for this UPS.
EQUIPMENT
MCS will furnish the following equipment to the Livermore City Hall:
MANUFACTURE DESCRIPTION QUANTITY
Riello 50KVA50kW 208V Input / Output UPS Module 1
Riello 480V / 208V External Maintenance Bypass Cabinet 1 Riello Battery Cabinet with 8-Minutes of Runtime 1
SYSTEM OVERVIEW
The existing uninterruptible power supply system consists of a 24-year-old 50kVA/40kW Mitsubishi UPS system with a single string of VRLA batteries and step-down transformer.
SCOPE OF WORK
The scope of this project is to replace the UPS system with a single module Riello 50kVA50kW UPS module, battery cabinet and a bypass cabinet with a 480/208V step-down transformer. MCS will provide system design, method of procedure, drawings, plan check, city permit, onsite labor and project management for the UPS replacement project. Detailed Scope of work referenced below:
MCS will receive, off-load, uncrate and assemble the replacement equipment for the UPS replacement project.
¾ Provide detailed MOP and script for UPS replacement project ¾ Provide equipment layout and single line diagram of new system ¾ Provide UPS technical support services
EXHIBIT B
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EXHIBIT A
242
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
o Provide Mitsubishi UPS transfer activities
o UPS system shutdown
¾ During an approved window disconnect and remove UPS input feeders from panel “EDP” ¾ Disconnect and remove DC feeders from UPS to battery cabinet ¾ Remove feeders from UPS module to panel “UPSA”
¾ Remove UPS module, transformer and battery cabinet from room ¾ Provide rigging and installation of the following equipment:
o (Qty-1) UPS module
o (Qty-1) Battery cabinet
o (Qty-1) Bypass / transformer cabinet
¾ Provide conduit and cabling from bypass to panel “EDP” ¾ Provide conduit and cabling from panel “UPSA” to bypass / transformer cabinet ¾ Provide conduit and cabling from UPS input / output to new bypass / transformer cabinet ¾ Provide startup services of new UPS system
¾ Transfer critical load onto new UPS system
¾ Dispose of all old equipment from site
COST
Engineering, Design & Drawings $ 3,050.00
Plan Check & Permits $ 2,690.00
UPS Module, Battery Cabinet & Bypass / Transformer Cabinet $ 62,845.00 Off-Loading & Un-crating $ 2,580.00
UPS Transfers & Shutdown $ 1,140.00
Rental Equipment $ 2,165.00
Disconnect & Removal of Existing UPS System $ 5,160.00
Rigging & Installation Services $ 6,450.00
Electrical Material $ 5,390.00
Electrical Labor $ 7,740.00
Start-up Services $ 2,200.00
Logistics & Coordination $ 6,010.00
Disposal $ 625.00
Estimated Sales Tax 10.25% $6,994.60
Estimated Freight $1,900.00
Notations: Based on off-hours window. Total Cost: $ 116,939.60
EXHIBIT B
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EXHIBIT A
243
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
QUOTE # PQ03673
PREPARED FOR PREPARED BY
Jason Calkins Dan Gallagher
City of Livermore July 31, 2025
1188 S. Livermore Ave
Livermore, CA 94550
UPS Replacement – Library
Mission Critical Specialists, Inc. (MCS) is pleased to provide you with the following quotation to replace the aged, end-of-life 20kVA UPS system currently off-line at the library. This system is 8 years past the design life of the system, parts are no longer available for this UPS.
EQUIPMENT
MCS will furnish the following equipment to the Livermore Library:
MANUFACTURE DESCRIPTION QUANTITY
Riello 20KVA/20kW 208V Input / Output UPS Module 1
Riello External Maintenance Bypass Cabinet 1
Riello Internal Battery System with 9-Minutes of Runtime 1
SYSTEM OVERVIEW
The existing uninterruptible power supply system consists of a 23-year-old 20kVA/16kW Liebert UPS system with a single string of VRLA batteries with no maintenance bypass. This system is currently off- line as replacement parts are no longer available for repairs.
SCOPE OF WORK
The scope of this project is to replace the UPS system with a single module Riello 20kVA20kW UPS module, battery cabinet and a bypass cabinet. MCS will provide system design, method of procedure, drawings, plan check, city permit, onsite labor and project management for the UPS replacement project.
Detailed Scope of work referenced below:
MCS will receive, off-load, uncrate and assemble the replacement equipment for the UPS replacement project.
¾ Provide detailed MOP and script for UPS replacement project ¾ Provide equipment layout and single line diagram of new system
EXHIBIT B
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EXHIBIT A
244
530.621.4785
6080 Enterprise Drive A, Diamond Springs, CA 94619
¾ Provide UPS technical support services
o Provide Liebert UPS transfer activities
o UPS system shutdown
¾ During an approved window disconnect and remove UPS input feeders from panel “EL” ¾ Disconnect and remove DC feeders from UPS to battery cabinet ¾ Remove feeders from UPS module to panel “Pnl UPS”
¾ Remove UPS module and battery cabinet from room
¾ Provide rigging and installation of the following equipment:
o (Qty-1) UPS module
o (Qty-1) Bypass cabinet
¾ Provide conduit and cabling bypass to panel “EL”
¾ Provide conduit and cabling from panel “Pnl UPS” to bypass cabinet ¾ Provide conduit and cabling from new UPS input / output to new bypass cabinet ¾ Provide startup services of new UPS system
¾ Transfer critical load onto new UPS system
¾ Dispose of all old equipment from site
COST
Engineering, Design & Drawings $ 3,040.00
Plan Check & Permits $ 2,700.00
UPS Module, Battery Cabinet & Bypass Cabinet $ 22,650.00 Off-Loading & Un-crating $ 2,580.00
UPS Transfers & Shutdown $ 1,140.00
Rental Equipment $ 2,165.00
Disconnect & Removal of Existing UPS System $ 2,580.00
Rigging & Installation Services $ 3,870.00
Electrical Material $ 3,460.00
Electrical Labor $ 3,870.00
Start-up Services $ 2,200.00
Logistics & Coordination $ 4,455.00
Disposal $ 625.00
Estimated Sales Tax 10.25% $2252.95
Estimated Freight $1,900.00
Notations: Based on off-hours window. Total Cost: $ 59,487.95
EXHIBIT B
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EXHIBIT A
245
Revised 9/21/2015 B3 – 3M
EXHIBIT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
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.
2. The limits of insurance required in this agreement may be satisfied by a
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246
Revised 9/21/2015 B3 – 3M
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 insur ance 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 sect ion 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.
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EXHIBIT A
247
EXHIBIT D
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EXHIBIT A
248
CITY COUNCIL STAFF REPORT
ITEM NO. 6.12
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing the execution of an agreement with Noll and Tam Architects in an amount not-to-exceed $302,140 and a term ending December 31, 2030, to provide plans, specifications, and engineering services during construction for the Civic Center Library Teen Space Improvement Project BL202418.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute an agreement with Noll and Tam Architects in an amount not-to-exceed $302,140 and a term ending December 31, 2030, to provide design and construction support services for the Civic Center Library Teen Space Improvement Project BL202418.
DECISION TYPE
Administrative
SUMMARY
The Civic Center Library currently lacks designated spaces tailored to the needs and interests of teen patrons. The Teen Space Improvement Project will renovate an approximately 1,700 square foot portion of the Civic Center Library to create a glass enclosed teen zone. The project includes new carpets, furniture, and electrical enhancements. The project also includes safety and storage improvements. This agreement with Noll and Tam Architects, in an amount not to exceed $302,140, provides design and construction support services.
DISCUSSION
At present, the Civic Center Library does not offer dedicated zones or programming areas for the teen demographic which represents an opportunity for targeted engagement and broadened access to tailored programming. The new teen zone will provide an area for teens to collaborate and work without disturbing other library patrons along with additional required storage and safety improvements. New improvements include group study areas and a student lounge through a newly separated teen center 249
room. This includes constructing new walls within the existing library to create a teen room, including the associated changes to electrical, HVAC and lighting, painting, carpet, casework, and furniture. New furniture will be selected for the teen area. The work will also include designing new doors and a storage area behind the service areas to provide greater security for library staff.
In 2024, City staff issued a request for proposals for various City capital improvement projects and Noll and Tam Architects was selected as the most qualified candidate for the Civic Center Library Teen Space Improvement Project after internal evaluations of the proposals were received. The total fee of $302,140 is approximately 19% of the total estimated construction cost of $1,600,000 which is typical for design, bidding and construction support services for this type of tenant improvement which can be up to 20% of the construction cost.
FISCAL AND ADMINISTRATIVE IMPACTS
The budget for the Civic Center Library Teen Space Improvement Project in the current 2025-30 five- year Capital Improvement Plan covers the cost of this agreement and other project costs including construction, change orders, construction management, project management, and materials testing. No additional appropriations are required. A total of $2,500,000 is allocated for this project as part of the 2025-30 Capital Improvement Plan. The project funding comes from the CIP Government Reserves fund and Library Donations.
COMMUNITY PILLAR
4. Inclusive & Inviting Spaces & Places
GOAL
8: Improve Library facilities to increase safety, comfort, and functionality.
ATTACHMENTS
1. Location Map
2. Resolution
3. Exhibit A - Agreement
Prepared by: Fan Yu
Senior Engineering Technician
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
250
ATTACHMENT 1
251
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH NOLL AND TAM ARCHITECTS IN AN AMOUNT
NOT-TO-EXCEED $302,140 AND A TERM ENDING DECEMBER 31,
2030, TO PROVIDE PLANS, SPECIFICATIONS AND ENGINEERING
SERVICES DURING CONSTRUCTION FOR THE CIVIC CENTER
LIBRARY
(TEEN SPACE IMPROVEMENT PROJECT BL202418)
The Teen Space Improvement Project will renovate an approximately 1,700 square feet portion of the Civic Center Library to create a glass enclose d teen zone.
The p roject includes new carpets, furniture, and electrical enhancements. The project also includes safety and storage improvements.
In 2024, City of Livermore staff issued a request for proposals for various City capital improvement project s and Noll and Tam Architects was selected as the most qualified candidate for the Civic Center Library Teen Space Improvement Project after internal evaluations of the proposals were received.
This agreement with Noll and Tam Architects, in an amount not to exceed $302,140, provides design and construction support services which include new walls within the existing library to create a teen room, including the associated changes to electrical, HVAC and lighting, painting, carpet, casework, and furniture. The work will also include designing new doors and a storage area behind the service areas to provide greater security for the staff.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:
1. Authorizes the City Manager to execute an agreement with Noll and Tam Architects, attached hereto as Exhibit A, in an amount not -to-exceed $ 302,140 and a term ending December 31, 2030, to provide design and construction support services for the Civic Center Library Teen Space Improvement Project BL202418.
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Senior Assistant City Attorney
Exhibit A - Noll & Tam Agreement
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CITY COUNCIL STAFF REPORT
ITEM NO. 6.13
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Resolution authorizing California Statewide Communities Development Authority to form a Community Facilities District for the Isabel Crossing (Tract 8659) project in accordance with Development Agreement (DA22-001).
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1 .
Authorizing the California Statewide Communities Development Authority (CSCDA) to form a Community Facilities District (CFD) to allow for financing of impact fees and public infrastructure for the Isabel Crossing (Tract 8659) project to satisfy the CFD provisions under Development Agreement (DA22-001);
2 .
Determining that Section 2.68 of the Municipal Code Contracts and Purchasing does not apply to the project; and
3 .
Direct the City Engineer to review
to review the bid(s) solicited by the Developer and to confirm that, for each facility, the amount paid to the Developer under the Acquisition Agreement does not exceed the actual cost of the facility.
DECISION TYPE
Administrative
SUMMARY
The California Statewide Communities Development Authority (CSCDA) is a joint powers agency that provides financing for development infrastructure costs and impact fees to property owners through, among other things, the formation of CFDs and the issuance of bonds. CSCDA will impose a special tax on the participating owner's property to repay bonds after conducting the necessary CFD formation proceedings. The Developer of the Isabel Crossing (Tract 8659) project has requested that the CFD for the project be formed and administered by CSCDA. To meet the terms of Development Agreement 22- 001 the City is being asked to consider adopting a resolution to authorize CSCDA to form such a CFD.
DISCUSSION
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CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. 530 cities, counties, and special districts throughout California are members of CSCDA including the City of Livermore. One of the financing programs administered by CSCDA is the Statewide Community Infrastructure Program (SCIP). The City joined SCIP in 2005 for the purpose of providing a program to finance impact fees for commercial projects. In April of 2024, the City adopted an updated SCIP Resolution to expand SCIP for Livermore projects by modifying its original SCIP Resolution to allow for CFDs and the financing of impact fees for residential projects. By adding CFDs, developers can now finance a broader range of impact fees than those under traditional assessment districts. CFDs also allow the developer more flexibility in adjusting tax rates by specific product type, assist in forming separate improvement areas when projects need to be phased, and provide for more public facilities to be financed. This subject Resolution will allow CSCDA to form a CFD specifically for the Isabel Crossing project.
THE ISABEL CROSSING DEVELOPMENT PROJECT CFD
Isabel Portola Owner, LLC (Harridge Development Group) (the Developer) received approval for Tentative Tract Map 8659 in July of 2024, otherwise known as the Isabel Crossing project. The project involves developing a 45-acre vacant parcel located at the southwest corner of the Isabel Avenue and Portola Avenue intersection--implementing the core of the Isabel Neighborhood Specific Plan. Exhibit A of the attached resolution shows the project location. The project includes 1,299 residential units, with 363 affordable units, 70,000 square feet of commercial space, a 1.5-acre neighborhood park, new bike lanes, street improvements, public art, utilities and access to the future Valley Link Train Station. Total costs of the project's public infrastructure and fees are estimated at $125 million. The developer is looking to fund approximately $85 million with CFD bonds. The construction estimated to be financed by the CFD includes the on-site backbone infrastructure for the core of the Isabel Neighborhood Specific Plan that includes the public main streets, sewer, storm drain and water utilities.
Pursuant to Development Agreement 22-001, the Developer has requested the City to coordinate with CSCDA to form a CFD to finance fees and infrastructure for the project. The CFD will be subject to an overall tax rate of 1.8% and bonds with a duration of up to 35 years. Approval of this resolution will allow CSCDA to form a CFD in accordance with the terms of the Development Agreement. It is also expected that CSCDA will enter into agreements with other agencies such as the Livermore Area Recreation and Parks District, the Tri-Valley Transportation JPA, and Livermore Joint Unified School District, to finance their respective impact fees if they should choose to participate.
Under the Mello-Roos Act, a CFD may only finance the construction of public improvements whose construction has been completed before the formation of the CFD. For those projects completed after CFD formation, a CFD may finance the construction of the public improvements if constructed under the authority of the local agency that will own the improvements.
Because the Developer intends to bid the project in the next couple of months ahead of CFD formation, to comply with the Mello-Roos Act, the City Council must find that the construction of this project does not constitute a public works contract under Municipal Code 2.68 that is subject to the local bidding process and must direct the City Engineer to
review the bid(s) solicited by the Developer and to confirm that, for each facility, the amount paid to the Developer under the Acquisition Agreement does not exceed the actual cost of the facility.
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THE CSCDA CFD PROGRAM
With the formation of the CFD, selected public infrastructure and development impact fees for the project will be financed by the issuance of bonds by CSCDA. CSCDA will form the district and impose a special tax on the Developer's property to repay the bonds. With respect to impact fees, the Developer will pay the impact fees at the time of permit issuance and will be reimbursed from the CFD bond proceeds. For the public infrastructure, the Developer will be required to enter into an acquisition agreement with the City, which will outline how the Developer will be reimbursed for infrastructure improvements once they are certified complete by the City. The acquisition agreement will be presented to City Council for approval at a later date following CFD formation.
By choosing to form this CFD, the Developer benefits by having special taxes imposed on their property to fund the infrastructure and fees for the project through low-cost, long-term financing thereby freeing up capital for other purposes. For home buyers, paying for the costs of public infrastructure through a special tax is superior to having those costs "rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. The City benefits from the CFD formation by CSCDA by minimizing staff costs to administer the CFD and by not having to repay the bonds issued by CSCDA or the special taxes imposed on the participating properties. CSCDA handles all district formation, administration, bond issuance, and bond administration functions as well as continuing disclosure requirements. After approval of the resolution, the City administrative duties that remain will be to execute a closing certificate, execute and administer an acquisition agreement, review the chosen bid by the Developer, monitor the payment of impact fees, and monitor construction of the project infrastructure for completion.
Providing financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development impact fees on new development. The availability of financing encourages developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time.
The proposed resolution authorizes CSCDA to form a CFD within the City's boundaries for the Isabel Crossing project, conduct special tax proceedings and levy special taxes against the property of the Developer. The resolution also authorizes miscellaneous related actions and makes certain findings and determinations required by law.
FISCAL AND ADMINISTRATIVE IMPACTS
The costs to the City associated with this action are administrative and minimal. The costs are comprised of staff time to process an acquisition agreement, to review the chosen construction bid by the Developer, to monitor the completion of project infrastructure, and to report construction progress to CSCDA so they can provide reimbursement to the Developer from CFD bond proceeds. The City will receive payment of impact fees for the project as usual. The Developer will pay the cost of constructing the public infrastructure and reimburse the City for the administrative costs associated with the CFD.
COMMUNITY PILLAR
2: Economy That Prospers
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GOAL
4: Implement the Isabel Neighborhood Specific Plan
ATTACHMENTS
1. Resolution
2. Exhibit A - District Boundary
3. Exhibit B - Authorized Improvements and Fees
Prepared by: Debbie Salgado
Senior Civil Engineer
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE
RESOLUTION AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY TO FORM A COMMUNITY FACILITIES DISTRICT FOR THE ISABEL CROSSING (TRACT 8659) PROJECT IN ACCORDANCE WITH DEVELOPMENT AGREEMENT DA22-001
The City of Livermore is a municipal corporation duly organized and existing under the laws of the State of California . The California Statewide Communities Development Authority (the “Authority”) is a California joint-exercise of powers authority lawfully formed and operating within California pursuant to a joint powers agreement (the “Joint Powers Agreement”) dated June 1, 1988 and entered into under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code . The City is a party to the Joint Powers Agreement and is, therefore, a member (“Program Participant”) of the Authority . Both the Authority and the City are “local ag encies” under the Act (defined below).
The Joint Powers Agreement establish ed the Authority as an agency authorized to issue bonds to finance projects within the territorial limits of its Program Participants .
The Joint Powers Agreement authorizes the A uthority to undertake financing programs under any applicable provisions of California law to promote economic development, stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its Program Participants.
On September 22, 2022, as amended on May 10, 2024, the City received an application from Isabel Portola Owner, LLC (Harridge Development Group) (“Developer”) to develop the approximately 45 -acre vacant parcel located southwest of the Isabel Avenue and Portola Avenue intersection, implementing the Isabel Neighborhood Specific Plan (“Development Project”). The Development Project includes 1,299 residential units, including 363 units affordable to individuals and families of lower, median, and moderate incomes; approximately 90,000 square feet of ground floor commercial, office, and amenity space ; an approximately 1.5 -acre neighborhood park with an additional approximately 0.5 acres of public plaza space, new bike lanes, street improvements, street trees, p ublic art, and utility infrastructure . The Development Project will promote economic development, the stimulation of economic activity, and the increase of the tax base within the City.
Section 65864 of the Government Code (implemented by Chapter 9.04 of the Livermore Development Code) allows local jurisdictions and private parties to enter into Development Agreements to vest certain development rights and to meet local public purpose. The City Council approved Development Agreement 22 -001 for the Isabel Crossing Project with the Developer pursuant to Ordinance No. 2161, which was introduced on July 22, 2024, and adopted on September 9, 2024. Pursuant to the terms and provisions of the Development Agreement, the Developer has requested the City to coordinate with the Authority to form a community facilities district for the Development Project under the Act (defined below) . Coordination with the Authority to form a 278
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community facilities district is consistent with the requirements of Section 9 (c) of the Development Agreement.
The “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code (the “Act”) is an applicable provision of California law available to, among other things, finance public improvements necessary to meet increased demands placed upon local agencies as a result of development . The Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Act . The City desires to enter into such an agreement with the Authority to authorize the Authority to form a community facilities district within the territorial limits of the City to finance public improvements and fees required of the Development Project.
Under the Act , a community facilities district may only finance the purchase of facilities whose construction has been completed, as determined by the legislative body, before the resolution of formation to establish the district is adopted pursuant to Section 53325.1 of the Act, except that a district may finance the purchase of facilities completed after the adoption of the resolution of formation if the facility was constructed as if it had been constructed under the direction and supervision, or under the authority of, the local agency that will own or operate the facility.
Nothing herein constitutes the City’s approval of any applications, Development Project entitlements, and/or permits, and such, to the extent required in the future, are subject to and contingent upon City Council approval following, to the extent applicable, environmental review in compliance with the California Environmental Quality Act .
Further, nothing herein affects, without limitation, requirements for and/or compliance with all applicable and/or necessary improvement standards, land use requirements or subdivision requirements relating to the Development Project or any portion thereof, which obligations are and shall remain independent and subsisting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore as follows:
Section 1. The actions authorized hereby are municipal affairs of the City .
The recitals above are true, correct, and material to the adoption of this resolution.
Section 2. This resolution constitute s full “local approval,” under Section 9 of the Joint Powers Agreement, and under the Authority’s Local Goals and Policies (see below), for the Authority to undertake and conduct procee dings in accordance herewith and under the Act to form a community facilities district (the “Community Facilities District”) with boundaries , including area permitted to be annexed in to the Community Facilities District from time to time, substantially as shown on Exhibit A, attached hereto, and incorporated by this reference , to authorize a special tax within the Community Facilities District, to designate one or more improvement areas therein, and to issue bonds for the Community Facilities District.
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Section 3. The terms and provisions of this resolution shall, when approved by the Authority, constitute a joint community facilities agreement between the City and the Authority under the Act. As, without this resolution, the Authority has no power to conduct proceedings under the Act to form the Community Facilities District, adoption by the Commission of the Authority of the Resolution of Intention to form the Community Facilities District under the Act shall constitute acceptance of the terms hereof by the Authority. If the Authority does not accept the terms of the joint community facilities agreement as contained in this resolution, the Authority shall have no power to conduct proceedings under the Act to form the Community Facilities District.
Section 4. This resolution and the agreement it embodies are beneficial to the residents of the City, and of the future residents of the area within the Community Facilities District.
Section 5. The City has previously adopted goals and policies as required by Section 53312.7 of the Act. Further, the City Council has been provided with a copy of the Authority’s adopted Local Goals and Policies as required by Section 53312.7 of the Act. The City hereby agrees that the Authority may utilize either the City’s goals and policies or the Authority’s goals and policies in forming and administering the Community Facilities District and the Authority may act in lieu of the City in all respects thereunder ; provided that the Authority shall apply the minimum requirements specified in the Development Agreement.
Section 6. Pursuant to the Act and this resolution, the Authority may conduct proceedings under the Act to form the Community Facilities District and to have it authorize the financing of all facilities and fees authorized to be funded pursuant to the Development Agreement, described generally as set forth on Exhibit B, attached hereto, and incorporated by this reference. All of the facilities, whether to be financed directly or through fees, are facilities that have an expected useful life of five years or longer and are facilities that the City or other local public agencies, as the case may be, are authorized by law to construct, own or operate, or to which they may contribute revenue. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the City are referred to as the “City Improvements.” The fees are referred to as the “Fees,” and the Fees paid or to be paid to the City are referred to as the “City Fees.” Section 7. All of the City Improvements including the improvements to be constructed or acquired with the proceeds of City Fees are necessary to meet increased demands placed upon the City of Livermore as a result of development occurring or expected to occur within the Community Facilities District , including the Development Project.
Section 8. The Authority will apply the special tax collections initially as required by any funding and /or acquisition agreement and the documents under which any bonds are issued; and thereafter, to the extent not provided in the bond documents, may pay its own reasonable administrative costs incurred in the administration of the Community Facilities District. The Authority will remit any special tax revenues remaining after the final retirement of all bonds to the City in the proportions specified in the 280
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Authority’s proceedings. The City will apply any such special tax revenues it receives for authorized City Improvements or City Fees and its own administrative costs only as permitted by the Act. The City and the Authority acknowledge that nothing in this resolution prevents the City from recovering its costs associated with supporting the formation of the Community Facilities District and /or the review, permitting, inspection, acquisition audit and acquisition of City Improvements and/or the administration of the City’s fee programs through means other than the collection of special taxes.
Section 9. The Authority will form and administer the Commu nity Facilities District, including employing and paying all consultants, annually levying the special tax and all aspects of paying and administering the bonds, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The City will cooperate in a commercially reasonable manner with the Authority in respect to the requirements of the Internal Revenue Code as related to the City Improvements and City Fees, and to the extent information is required of the City to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the bonds, although the City will not participate in nor be considered to be a participant in the pr oceedings respecting the Community Facilities District (other than as a party to the agreement embodied by this resolution) nor will the City be or be considered to be an issuer of the bonds. Specifically, the City is not responsible for the formation of t he Community Facilities District, the levy and collection of the special taxes, the issuance of bonds secur ed by the special taxes, or providing disclosures pertaining to such special taxes and bonds.
Section 10. In the event the Authority completes issuance and sale of bonds, and bond proceeds become available to finance the City Improvements and City Fees, the Authority shall establish and maintain a fund (which may comprise multiple funds and accounts) to be known as the Acquisition and Construction Fund (the “Acquisition and Construction Fund”). The portion of bond proceeds which is intended to be utilized to finance the Improvements and Fees shall be deposited in the Acquisition and Construction Fund. The Authority may establish such subaccounts within said fund as it determines is necessary to administer the bond proceeds.
Section 11. As respects the Authority, the City agrees the Authority shall have no responsibility for the construction or acquisition of the City Improvements and for the administration and expenditure of the City Fees including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, ins pection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, and punch list administration.
Section 12. The City agrees to indemnify and to hold the Authority, its other members, and it s other members’ officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction 281
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and installa tion of the City Improvements and the improvements to be financed or acquired with the City Fees.
Section 13. To the fullest extent permitted by law, t he Authority shall hold harmless, indemnify, and defend with counsel selected by or otherwise acceptable to the City, the City and its elected and appointed officials, officers, directors, employees, agents, and designated volunteers (collectively “City Indemnified Parties”) 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: (1) the formation of the Community Facilities District; (2) the authorization of the levy of special taxes and the issuance of bonds; (3) the administration of the district and any bonds; (4) the levy of special taxes and the issuance of bonds; (5) the issuance and administration of any bonds, and the initial and continuing disclosure obligations related to suc h bonds; and /or (6) the Authority’s performance of, or failure to comply with , any of its obligations in this joint community facilities agreement embodied in this resolution. The Authority’s obligations to hold harmless, indemnify, and defend shall not be excused because of the Authority’s inability to evaluate Liability or because the Authority evaluates Liability and determines that the Authority is not liable to the claimant. These obligations shall survive the completion or termination of the joint com munity facilities agreement embodied in this resolution. The obligation of the Authority to defend, indemnify, and hold harmless the City Indemnified Parties is material to the adoption of this resolution. As provided in Section 3 above, if the Authority d oes not accept the terms of the joint community facilities agreement as contained in this resolution, the Authority shall have no power to conduct proceedings under the Act to form the Community Facilities District.
Section 14. As respects the Authority, the City agrees that once it determines that all City Improvements are constructed according to the approved plans , specifications, standards, the relevant subdivision improvement agreement(s) , the Subdivision Map Act, and the Livermore Development Code , and the Ci ty and the Developer have put in place their agreed upon arrangements for the funding of maintenance of the City Improvements , the City will accept for permanent maintenance the City Improvements and indemnify and hold harmless the Indemnified Parties to t he extent provided in Section 12 from any and all claims arising out of the use and maintenance of the City Improvements. The City reserves the right, as respects the Developer, to require the Developer by contract with the City to assume any portion or all of this responsibility.
Section 15. The City acknowledges the requirement of the Act that if the City Improvements are not completed prior to the adoption, by the Authority Commission, of the Resolution of Formation of the Community Facilities District, the City Improvements must be constructed as if they had been constructed under the direction and supervision, or under the authority of, the City. The City acknowledges that this means all City Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California. The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The City reserves the right, as respects the 282
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Developer, to assign appropriate responsibility for compliance with this paragraph to the Developer.
Section 16. The City intends to enter into a separate agreement with the Developer for the acquisition and financing of City Improvements and the financing of City Fees with funding sources from the C ommunity Facilities District (“Acquisition Agreement”), which will include the process by which the Developer will be reimbursed for its payment of City Fees financed with the proceeds of bonds issued for the Community Facilities District . The City Council will consider and/or approve such an agreement at a later date.
Section 17. After completion of the City Improvements and appropriate arrangements for the maintenance of the City Improvements, or any discrete portion thereof as provided in Section 5 3313.51 of the Act to the satisfaction of the City, and in conjunction with the City’s acceptance thereof, acquisition of the City Improvements shall be undertaken as provided in a separate Acquisition Agreement that the City shall enter into with the Developer.
Section 18. Because the facilities to be financed by the Community Facilities District will be completed after the adoption of the resolution of formation, the Act requires the facilities to be constructed as if they had been constructed under the directio n and supervision, or under the authority of, the City. The City Council hereby determines that because the Acquisition Agreement (as defined in Section 16) provides for the acquisition of the facilities to be financed by the Community Facilities District, the Acquisition Agreement is not a public works contract and the construction of the facilities is not subject to the Public Contracts Code. The City Council further determines that Chapter 2.68, Contracts and Purchasing , of the Livermore Municipal Code d oes not apply to the construction of the facilities because the facilities are not a public project that is contracted for or procured by the City. In compliance with the Act, the City Council hereby directs the City Engineer to review the bid(s) solicite d by the Developer and to confirm that, for each facility, the amount paid to the Developer under the Acquisition Agreement does not exceed the actual cost of the facility.
Section 19. The terms of the Agreement embodied by this resolution may be amended by a writing duly authorized, executed , and delivered by the City and the Authority, and approved by the City Council and the Authority, except that no amendment may be made after the issuance of the bonds by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery, and administration of all outstanding bonds.
Section 20. No person or entity, including the Developer, shall be deemed to be a third-party beneficiary of this resolution, and nothing in this resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the City (and their respective successors and assigns) any rights, remedies, obligations, or liabilities under or by reason of this resolution.
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Section 21. Except as otherwise provided herein, this resolution shall remain in force until all bonds have been retired and the authority to levy the special tax conferred by the Community Facilities District proceedings has ended or is otherwise terminated.
Section 22. The City Council hereby authorizes and directs the City Manager and other appropriate City staff to cooperate with the Authority and its consultants and to do all things reasonably necessary and appropriate to carry out the intent of this resolution and the Community Facilities District financing, and to execute any and all certificates and documents in connection with the bond issuance and to execute any and all documents as shall be approved by the City Manager, or their designee, after consultation with the City Attorney, or their designee, and the Authority’s bond counsel.
Section 23. The City Council hereby directs the City Clerk to deliver a certified copy of this resolution to the Authority’s Bond Counsel, Orrick, Herrington & Sutcliffe LLP.
Section 24. This resolution shall take effect upon its adoption.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney
Exhibit A – Community Facilities District Boundaries
Exhibit B – Authorized Improvements and Fees
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EXHIBIT A
EXHIBIT A
COMMUNITY FACILITIES DISTRICT BOUNDARIES
The property eligible for inclusion in the Community Facilities District comprises generally the real property in the City of Livermore, County of Alameda, State of California, described as follows:
PARCELS 1, 2, 3, 4, 5, 6 AND 7, PARCEL MAP 9770, FILED SEPTEMBER 10, 2008 IN BOOK 310, PAGES 3 THROUGH 8, INCLUSIVE, OF MAPS, ALAMEDA COUNTY RECORDS.
The map on the following page describes such boundaries generally. A legible copy of the map may be found on file with the City Clerk’s Office and the Community Development Department, Engineering Division - 1052 S. Livermore Ave., Livermore, CA 94550. 285
EXHIBIT A
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EXHIBIT B
EXHIBIT B
AUTHORIZED IMPROVEMENTS AND FEES
Eligible facilities and fees that may be financed include all improvements and fees authorized under the Act and the Development Agreement. This may include, but not limited to, the following:
Transportation Improvements
Eligible roadway improvements include, but are not limited to: acquisition of land and easements; roadway design; project management; bridge crossings and culverts; pedestrian trails and tunnels; clearing, grubbing, and demolition; grading, soil import/export, paving (including slurry seal), and decorative/enhanced pavement concrete and/or pavers; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including onsite and off -site), enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, bus and transit improvements including transfer stations and regional public transit improvements; masonry walls; traffic control and agency fees; and other improvements related thereto. Eligible improvements for the roads listed herein also include any and all necessary underground potable and recycled water, sanitary sewer, and storm drainage system improvements.
Water System Improvements
Authorized facilities include any and all water facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: water storage, treatment and distribution facilities including waterlines and appurtenances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters; booster pump stations & power; stand-by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.
Recycled Water System Improvements
Authorized facilities include any and all recycled water system facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: treatment and distribution facilities including pipelines and appurte nances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutters; booster pump stations; stand -by generators; site lighting, drainage, sanitary sewer , and water service; landscaping and irrigation; access gates, and fencing; and striping and signage. 287
EXHIBIT B
Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: excavation and grading, pipelines and appurtenances, outfalls and water quality measures, detention/retention basins, drainage pretreatment facilities, drainage ways/channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and other improvements related thereto.
Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie -in to existing main lines ; force mains; lift stations; upgrades to existing lift stations; odor-control facilities; and permitting related thereto; and related sewer system improvements.
Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space required for development within the CFD. These facilities include, but may not be limited to: grading, turf, shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing (including soundwalls), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements. Authorized facilities include acquisition of any and all parkland as well as open space/bike trail/public access easements required for development within the CFD.
Electrical System Improvements
Authorized facilities include any and all electrical supply and distribution facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: design, distribution lines, vaults, conduit, trenching, transformers and installation of cabling.
Other Public Improvements
Authorized facilities include any and all public facilities and infrastructure designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: community center facilities, library facilities, police facilities, fire suppression and response facilities, other public safety facilities, corporation yards, municipal service centers, public parking garages, and other public buildings.
Fees and Charges
Authorized facilities include the direct funding of any of the above -mentioned facility types for which the City collects a development impact fee, capacity charge, fair share contribution, or other development-related fee.
288
CITY COUNCIL STAFF REPORT
ITEM NO. 6.14
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution approving the Memorandum of Understanding between the City of Livermore and the Association of Livermore Employees.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the execution of the Memorandum of Understanding (MOU) between the City of Livermore and the Association of Livermore Employees for the period of October 1, 2025, through September 30, 2029.
DECISION TYPE
Administrative
SUMMARY
The Association of Livermore Employees (ALE) Memorandum of Understanding expired on September 30, 2025. ALE currently represents approximately 230 full-time equivalent positions and is the exclusive bargaining unit for the City's miscellaneous employees. On June 16, 2025, negotiations with ALE on a successor agreement commenced. The City and ALE met eleven (11) times on the terms to be contained in the successor MOU.
As a result of the meetings between the City and ALE, the parties reached a tentative agreement, subject to City Council approval, on terms and conditions of employment as set forth in Attachment 1 - Redlined Memorandum of Understanding.
DISCUSSION
The following is a summary of the proposed substantive changes to the previous ALE MOU which expired on September 30, 2025.
289
Term
October 1, 2025 - September 30, 2029 (4 years)
General Wage Adjustment
General wage adjustments will be provided to all employees holding classifications assigned to ALE as follows:
Effective October 6, 2025 - 5%
Effective October 5, 2026 - 3%
Effective October 4, 2027 - 3%
Effective October 2, 2028 - 3%
Recognition of Increased
Medical Costs
In recognition of increases in medical costs, the MOU includes the following increases to base salary:
Effective October 6, 2025 - 1%
Effective October 5, 2026 - 1%
Health Care Benefits
Effective December 1, 2025, the City will pay up to $100 per month towards the premiums for the dental and vision plans selected by employees who are enrolled in a City medical plan.
Support Dog Handler Pay
Increase Support Dog Handler Pay to $400 per month.
Bilingual Pay
Increase Conversational Bilingual Pay to $60 per pay period.
Increase Conversational and Written Bilingual Pay to $75 per pay period.
Safety Shoes
Eligible employees may be reimbursed up to $225 per calendar year for the purchase of safety shoes.
FISCAL AND ADMINISTRATIVE IMPACTS
The increase in the City's cost to salaries and benefits for the Association of Livermore Employees for the first year of the contract is $1,854,123. By the fourth year of the MOU the salary and benefit modifications will be $5,022,777 greater than the FY 2024-25 budget for ALE employees. Council's approval of the MOU includes the appropriation of the following funds to cover the increase costs of the MOU:
Fund #
Fund
FY 2025-26 ALE
Allocation
FY 2026-27 ALE
Allocation
100
General Fund
$1,115,210
$1,837,514
200
Low Income Housing
Fund
7,565
12,465
210
Horizons
32,321
53,255
283
City Street Sweeping Fee
6,767
11,150
310
Downtown LMD
8,665
14,277
311
Other LMD
33,330
54,917
550
County Measure D
8,298
13,673
600
Airport
44,650
73,569
610
Stormwater
29,126
48,925
620
Wastewater
323,660
550,591
640
Water
113,887
200,623
700
General Liability
6,643
10,945
710
Workers Comp Insurance
6,643
10,945
720
Information Technology
39,272
64,708
290
730
Fleet & Equipment
Services
49,464
81,502
740
Facilities Rehab Program
28,623
47,161
Total
$1,854,124
$3,086,220
COMMUNITY PILLAR:
5. A City That Works
GOAL:
8. Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization.
ATTACHMENTS
1. Redlined Memorandum of Understanding
2. Resolution
3. Exhibit A - ALE MOU 2025-2029
Prepared by: Eddie
Jimenez
Human Resource Analyst I
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
291
MASTER
M E M O R A N D U M O F
U N D E R S T A N D I N G
on
WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT
ASSOCIATION OF LIVERMORE EMPLOYEES
and
CITY OF LIVERMORE
TERM OF AGREEMENT
October 1, 20251 – September 30, 20295
ATTACHMENT 1
292
TABLE OF CONTENTS
Table of Contents
CHAPTER 1. ADMINISTRATION .......................................................................................................... 1 ARTICLE I. PARTIES TO UNDERSTANDING .............................................................................. 1 ARTICLE II. RECOGNITION ....................................................................................................... ..... 1 ARTICLE III. STATE LAW COMPLIANCE ...................................................................................... 1 ARTICLE IV. CITY COUNCIL APPROVAL ..................................................................................... 1 ARTICLE V. TERMS OF UNDERSTANDING ................................................................................. 1 CHAPTER 2. SALARIES AND OTHER COMPENSATION ................................................................. 1 ARTICLE I. SALARIES............................................................................................................ ......... 1 ARTICLE II. OVERTIME COMPENSATION ................................................................................... 2 ARTICLE III. CALL BACK PAY .................................................................................................... .... 3 ARTICLE IV. STANDBY PAY ....................................................................................................... ..... 3 ARTICLE V. TELEPHONE PAY....................................................................................................... . 3 ARTICLE VI. COURT APPEARANCES ............................................................................................. 3 ARTICLE VII. WORK IN A HIGHER CLASS ..................................................................................... 4 ARTICLE VIII. UNIFORM ALLOWANCE ..................................................................................... 54 ARTICLE IX. TUITION REFUND PLAN ........................................................................................... 5 ARTICLE X. LICENSES AND CERTIFICATIONS .......................................................................... 5 ARTICLE XI. DEFERRED COMPENSATION ................................................................................... 6 ARTICLE XII. SUPPORT SERVICES TRAINING OFFICER PAY ................................................. 66 ARTICLE XIII. HOLIDAY-IN-LIEU PAY ...................................................................................... 76 ARTICLE XIV. SAFETY SHOES .................................................................................................... 76 ARTICLE XV. PRESCRIPTION SAFETY GLASSES ......................................................................... 7 ARTICLE XVI. BILINGUAL PAY .................................................................................................. 77 ARTICLE XVII. SHIFT DIFFERENTIAL....................................................................................... 87 ARTICLE XVIII. SPECIAL E QUIPMENT OPERATORS PAY ..................................................... 88 ARTICLE XIX. PAID LUNCH BREAK .......................................................................................... 98 ARTICLE XX. SUPPORT DOG HANDLER ...................................................................................... 98 CHAPTER 3. LEAVES ........................................................................................................................... 98 ARTICLE I. VACATION ................................................................................................................. 98 ARTICLE II. PERSONAL LEAVE ............................................................................................... 1110 ARTICLE IV. FAMILY ILLNESS ................................................................................................. 1110 ARTICLE V. BERE AVEMENT LEAVE ...................................................................................... 1111 ARTICLE VI. IMMEDIATE FAMILY .......................................................................................... 1211 ARTICLE VII. PARENTAL LEAVE ............................................................................................... 1211 ARTICLE VIII. HOLIDAYS ........................................................................................................ . 1211 CHAPTER 4. INSURANCES AND HEALTH CARE ....................................................................... 1413 ARTICLE I. HEALTH CARE BENEFITS .................................................................................. 1413 ARTICLE III. LONG TERM DI SABILITY INSURANCE ........................................................... 1514 ARTICLE IV. LONG TERM CARE INSURANCE ....................................................................... 1514 CHAPTER 5. RETIREMENT ............................................................................................................. 1514 ARTICLE I. PERS RETIREMENT PLAN .................................................................................. 1514 ATTACHMENT 1
293
ARTICLE II. RETIREE HEALTH BENEFIT ............................................................................... 1615 CHAPTER 6. MISCELLANEOUS ...................................................................................................... 1818 ARTICLE I. EMPLOYEE COMMITTEE .................................................................................... 1818 ARTICLE II. DISCIPLINARY ACTION ...................................................................................... 1818 CHAPTER 7. AGENCY SECURITY ................................................................................................. 2020 ARTICLE I. REPRESENTATION ............................................................................................... 2020 ARTICLE II. MEETING FACILITIES ......................................................................................... 2120 ARTICLE III. BULLETIN BOARDS ............................................................................................. 2120 ARTICLE IV. CLASSIFICATION SPECIFICATIONS ................................................................ 2121 ARTICLE V. NO DISCRIMINATION .......................................................................................... 2121
ATTACHMENT 1
294
1 CHAPTER 1. ADMINISTRATION
ARTICLE I. PARTIES TO UNDERSTANDING
This Memorandum of Understanding is entered into by and between the CITY OF LIVERMORE, a municipal corporation hereinafter referred to as "CITY," and ASSOCIATION OF LIVERMORE EMPLOYEES, hereinafter referred to as “ALE” pur suant to Government Code 3500, et seq. This Memorandum of Understanding applies to those classes of employment set forth in Appendix A attached hereto and made a part hereof.
ARTICLE II. RECOGNITION
ASSOCIATION OF LIVERMORE EMPLOYEES is the formally recognized employee organization for the clerical, technical, professional, and public service employees in the classifications listed in Appendix A. The City Manager or designate d representative is the representative of the City of Livermore in employer-employee relations matters.
The City agrees to notify ALE each month of all new employees hired into positions represented by ALE.
The City shall provide each newly hired represen ted employee with a copy of the Memorandum of Understanding and the ALE dues form.
ARTICLE III. STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provision of Section 3500, et seq., of the Government Code of the State of California, and the City of Livermore City Council Resolution 977 in that the parties have met and c onferred in good faith regarding wa ges, hours, and other terms and conditions of employment for the employees in said representation unit, a nd have freely exchanged information, opinions, and proposals and have endeavored to reach ag reement on all matte rs relating to the employment conditions and employer-employee relations of such employees.
ARTICLE IV. CITY COUNCIL APPROVAL
This Memorandum of Understanding shall be presented to the Live rmore City Council as the joint recommendation of the undersigned pa rties for salary and employee bene fit adjustments for the period commencing October 1, 20251 and ending September 30, 20295 except as provided in Chapter 1, Article V.
ARTICLE V. TERMS OF UNDERSTANDING
It is mutually recommended that the modificati ons shown in this Memo randum of Understanding (hereinafter referred to as Understanding) be made applicable on the dates indi cated and in conjunction with the existing unmodified rules, regulations, and or dinances of the City, shall constitute the wages, hours, and working conditions for those employees represented by Association of Livermore Employees for the period October 1, 20251 and ending September 30, 20295.
CHAPTER 2. SALARIES AND OTHER COMPENSATION
ARTICLE I. SALARIES
ATTACHMENT 1
295
2 Effective October 611, 20251, salaries shall be set according to the classifications and to the salary ranges assigned to each of the classifications listed in Appendix A, attached hereto, reflecting an increase of five percent (5%)two percent (2.0%). The City and ALE separately agree to market-based equity adjustments for certain classifications.
Salaries for the remaining contract years will be adjusted as follows:
10/105/20262 3%3.5%
10/094/20273 3%2.5%
10/072/20284 3%2.0%
In recognition of rising medical costs, the City will increase base monthly salaries cumulatively as follows:
Effective October 6, 2025 – 1%
Effective October 5, 2026 – 1%
Effective October 11, 2021 - $60.45
Effective October 10, 2022 - $62.88
Effective October 9, 2023 - $64.78
Effective October 7, 2024 - $66.40
These amounts will be pro-rated for part-time employees.
ARTICLE II. OVERTIME COMPENSATION
Overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA). In addition, for those employees who are considered nonexem pt for the purposes of the FLSA, overtime shall be paid for: (a) hours worked in excess of eight (8) hours in a regularly scheduled day or over such hours normally scheduled and worked in a day when assigned to a shift in excess of eight (8 ) hours; and (b) hours not regularly scheduled and worked in a day (such overtime shall be compensated at the rate of one and one- half (1½) times the employee's straight time rate of pay).
Sub-article (b) of this article shall not apply where an employee whose regular work schedule is less than eight (8) hours per day exceeds his/hertheir regular daily work schedule as the result of his/hertheir request for a temporary schedule adjustment, provided that overtime shall be paid to any such employee for time worked in excess of eight (8) hours in a day. An em ployee may make such a te mporary adjustment in work schedule no more than once per pay period.
At the option of the employee, compensatory time o ff may be taken in lieu of overtime payment in accordance with the FLSA Section 7(o). Such time off shall be mutually agreeable to the employee and the supervisor taking into account (a) the normal schedule of work; (b) the anticipated peak hour workload based on past experience; (c) any emergency requirements for staff and services; (d) availability of qualified substitutes; and (e) whether scheduling th e use of compensatory time off would require the payment of overtime to others. The fact that granting compensatory time off would require the payment of overtime to others shall not be the sole reason an employee is denied compensatory time off.
All accrued compensatory time off in excess of one hundred (100) hours must be liquidated by monetary payment.
ATTACHMENT 1
296
3 Mutual agreements to set aside this MOU, (non-FL SA) overtime may be made, in writing, between the employee and the employee’s department head or designee. Such mu tual agreement may be made only in the following situations:
1. to accommodate an employee’s personal request for an alternate or flexible work schedule (such as a 9/80, 4/10, etc.); and/or
2. to accommodate an employee’s personal request to take time off during their normally scheduled work period (to include work pe riods normally scheduled for less than (8) eight hours, normally scheduled for (8) eight hours, and no rmally scheduled for more than (8) eight hours as part of an alternate or flexible wo rk schedule) and to make up the time in the same FLSA work period.
ARTICLE III. CALL BACK PAY
When an employee, who is consid ered nonexempt for the purposes of the Fair Labor Standards Act (FLSA), has completed his/hertheir normal shift for the day, is on a regu lar day off, or is on paid leave, and is called back to work, the employee shall, upon reporting, receive a minimum of three (3) hours work at the overtime rate (time and one-half), or if three (3) hours of work is not furnished, a minimum of three (3) hours of pay at the overtime rate. This provision does not apply to instances in which the employee is called to report before his/hertheir regular starting time, and is furnished work until the end of his/hertheir normal shift.
ARTICLE IV. STANDBY PAY
A Fair Labor Standards Act (FLSA) non-exempt employee who is assign ed in writing to be on standby shall receive two (2) hours of pay at the employee's regular straight-time rate of pay on their regularly scheduled workday and three hours (3) of pay at the employee’s regular straight-time rate of pay on their regularly scheduled days off and fixed City holidays.
Employees assigned to a standby period must report to work within one (1) hour of being called back to work. Employees called back to work shall be paid as designated in Article III, Call Back Pay.
ARTICLE V. TELEPHONE PAY
When an employee who is consider ed non-exempt for the purposes of the Fair Labor Standards Act (FLSA) has completed his or her normal shift for the day, is on a regular day(s) off, or on paid leave and is called by the employee's supervisor, department head or designee, such employee shall receive compensation as follows: An employee who is contacted outside his or her normal work hours to conduct City business will be paid twenty (20) minutes or for each minute exceeding 20 minutes at the overtime rate (time and one-half). More than one telephone call may be taken within the twenty (20) minute period without incurring additional compensation. If the employee is recalled after the initial twenty (20) minute period a new twenty (20) minute minimum will begin.
This provision does not apply to calls involving staffing availability, shift assignments, or shift coverage.
ARTICLE VI. COURT APPEARANCES
In Person Appearances
An employee who is required to appear in person at court in connection with the employee's usual official duties, or in connectio n with a case in which the City is a party , during the hours other th an the normal scheduled workday off-duty time, shall receive a minimum of three (3) hours of pay at the overtime rate.
ATTACHMENT 1
297
4 Employees required to appear in co urt on their normal day off or who are assigned to work a graveyard shift, shall receive a minimum of four (4) hours of pay at the overtime rate.
In the event the court appearance exceeds the minimum time provisions above, the employee shall be paid for all time worked at the overtime rate.
Remote Appearances
When a court appearance is for telephone, video, other remote testimony, or placed on standby by the District Attorney’s Office, the employee shall receive a minimum of two (2) hours at the overtime rate. In the event the court appearance exceeds the minimum time provision above, the employee shall be paid for all time worked at the overtime rate.
Court Cancellation
In the event an employee is required to appear in court in person or remotely pursuant to a subpoena and such appearance is cancelled within twenty-four (24) hours prior to the scheduled appearance, such employee shall receive (a) two (2) hours paid at the overtime rate for in person testimony and (b) one (1) hour paid at the overtime rate for remote appearances. In order to receive such compensation, the employee shall make a reasonable effo rt to determine if such court appearance has been cancelled more than twenty-four (24) hours prior to the scheduled appearance.
ARTICLE VII. WORK IN A HIGHER CLASS
When an employee has been assigned in writing by his/hertheir department head to perform substantially the duties of a higher paid classification, and if the employee has worked in such classification for a minimum of three (3) consecutive workdays, the employee shall receive a minimum of five percent (5%) above their regular rate of pay or the minimum of the higher classification, whichever is greater, beginning from the first completed workday for performing substantially the duties of the higher paid classification, provided that these duties are clearly not included in the job description of the employee's regular classification. In no event shall the employee receive a rate in excess of Step E or top of the range of the higher paid classification.
When an employee has been assigned in writing by th eir department head to perform substantially the duties of a higher paid classification in a different bargaining unit due to a vacancy or coverage for an extended leave of absence and the assignment is expected to exceed 30 calendar days, the employee shall receive a minimum of seven and one-half percent (7.5%) above their regular rate of pay or the minimum of the higher classification, whiche ver is greater, beginning from th e first completed workday, provided that these duties are clearly not included in the job description of the employee’s regular classification. In no event shall the employee receive a rate in excess of Step E or top of the range of the higher paid classification.
An employee who otherwise would receive higher pay under this provision shall not be denied such pay based on lack of a written assignment if his/hertheir department head requested performance of the duties of the higher paid classificati on and knew that the employee pe rformed the requested duties. If an employee requests in good fait h not to be assigned to perform the du ties of a higher pa id classification, the City shall consider the request befo re the duties are assigned to the employee. In no event shall the employee receive a rate in excess of Step E of the higher paid classification.
ATTACHMENT 1
298
5 An employee assigned to work in any higher classification including a higher classification that is outside the ALE bargaining unit, will r eceive callout, telephone, and standby pay, when provided in the ALE MOU, to be calculated at the wage rates set forth in this Article.
ARTICLE VIII. UNIFORM ALLOWANCE
The Uniform Allowance for regular full-time employees shall be Eight Hundred Fifty Dollars ($850) for Public Safety Dispatchers, Senior Public Safety Di spatchers, Supervising Public Safety Dispatchers, Police Clerks, Senior Police Clerks, Supervisi ng Police Clerks, Animal Control Officers, Police Identification Technician, Supervising Property and Evidence TechnicianSpecialist, Community Service Specialists, Crime and Intelligence Analysts, Supervising Crime and Intelligence Analyst,and Crime Prevention Specialist, and Crisis Intervention Specialist.
The Uniform Allowance shall be paid in equal amounts each pay period as earned.
Employees shall be given a three (3) month noticing period for uniform modifications.
Those employees who, as an existing practice, are provided uniforms from their department shall continue to receive such uniforms during the term of the agreement.
ARTICLE IX. TUITION REFUND PLAN
The Tuition Refund Plan established by the City July 1, 1971 was made available to employees of the ALE Representation Unit in lieu of previously disc ussed education in centive pay plan. An eligible employee may be reimbursed for seventy-five per cent (75%) of the cost of tuition and books for educational courses related to the employee's work assignment which are attended during off-duty hours.
In order to be eligible for tuition reimbursement, the employee must comply with the provisions outlined in Administrative Regulation No. 14 on Tuition Reimbursement.
ARTICLE X. LICENSES AND CERTIFICATIONS
The City will reimburse employees for the cost of st ate or other licensing or certification when such licensing or certification is verified by the department head to be a requirement for the job. If an employee fails a test required to gain certif ication, the City will not pay for cost s associated specifically with the retesting portion of the certification fee.
Regulations and procedures covering course work for certifications are covered in the City of Livermore Personnel Rules and Regulations, Administrative Regulation 14, "Tuition Reimbursement" and Chapter 2, Article IX, Tuition Refund Plan of the MOU, except as follows. Reimbursement for course work required to maintain a required license or certification will be made at the rate of 100% upon verification by the department head that the course work is required to maintain certification.
Reimbursements will be effective for eligible employ ees employed by the City of Livermore for classes taken after April 30, 1995.
Commercial Drivers’ License Pay
An employee working in a classification listed below, who holds a valid California Commercial Drivers’ License (CDL), and who is required to maintain th e CDL license, shall receive Thirty Five Dollars ($35.00) per pay period. Such pay sh all be in addition to payment ma de by the City for the cost of obtaining the license as provided above.
ATTACHMENT 1
299
6 The classifications are:; Electricia n; Groundskeeper I, II, III & Supervising; Maintenance Trainee and Maintenance Worker I, II, & III; Mechanic; Senior Mechanic; Wastewater Collections Systems Trainee and Wastewater Collections Systems Worker I, II, & III; Water Distribution Operator Trainee, I, II, & III; Water Resources Coordinator; Wat er Resources Instrument Control Technician; Water Resources Mechanic I & II; and any other classification determined by the City to require a CDL.
Public Works Maintenance Division employees in positions with job cla ssifications that do not require a commercial driver’s license and who participate in the voluntary ma intenance division standby program and maintain a commercial driver’s license, and who may provide services associated with commercial driving to the City as part of the standby program, ar e to receive commercial driver’s license (CDL) pay at $35.00 per pay period in accordance with pay received by other City commercial drivers.
An employee whose license is suspended or revoked sh all promptly notify their supervisor; in such an event, the above payment shall ter minate effective the first day of th e pay period afte r suspension or revocation. Payment shall be rein stated when the employee presents a valid California Commercial Drivers’ License.
An employee in violation of Administrative Regulation #18 (Policy on Drug and Alcohol Pursuant to the Department of Transportation Regulations) and w ho is prohibited from performing safety-sensitive functions shall not receive payment for their CDL for the period of time they are unable to perform driving functions.
ARTICLE XI. DEFERRED COMPENSATION
Eligible employees shall be able to participate in the deferred comp ensation program that the City may establish, administer, revise, sponsor, or make available to eligible employees.
Effective April 1, 2019, the City will contribute up to $75 per pay period (i.e . an additional $25 per pay period) to each employee’s deferred compensation account if the employee contri butes at least an equal amount.
The City shall contribute seventy-five dollars ($75.00) per pay period to an employee’s deferred compensation account, provided the employee contributes seventy-five dollars ($75.00) per pay period.
The contribution and matching amounts will be pro-rated for part-time employees.
In addition, effective the first full pay period in Oc tober 2025, the City’s matching contribution shall be as follows:
The City shall contribute twen ty-five dollars ($25.00) per pay period provided the employee contributes twenty-five dollars ($25.00) per pay period. The City shall contribute fifty dollars ($50.00) per pay period provided the employee contributes fifty dollars ($50.00) per pay period.
The contribution and matching amounts will be pro-rated for part-time employees.
ALE will have at least one representative and one alternate on the Deferred Compensation Committee established by the City.
ARTICLE XII. SUPPORT SERVICES TRAINING OFFICER PAY
Employees who are assigned by the Police Chief or designee as a Support Services Training Officer shall be paid Ninety Dollars ($90.00) per pay period for each full pay period they remain so assigned.
ATTACHMENT 1
300
7 ARTICLE XIII. HOLIDAY-IN-LIEU PAY
In lieu of all holidays authorized or observed by the City, Public Safety Dispatchers, Senior Public Safety Dispatchers, Supervising Public Safety Dispatcher s, Community Service Specialists (assigned to the Patrol Division), Crisis Intervention Specialist, Water Resource Operators-Trainee, Water Resources Operators – Grade I, Water Resources Operators – Grade II, Water Resources Operators – Grade III, and Senior Water Resources Operators, and Water Resources Supervising Operator shall receive holiday-in- lieu pay. Holiday-in-lieu pay shall be paid each pay period. The amount of such pay shall be seven and one half percent (7.5%) of the employee’s base hourly rate of pay in effect during the pay period.
ARTICLE XIV. SAFETY SHOES
Public Works Department employees that are required to wear safety shoes or boots, and employees in the Engineering Technician, Neighborhood Preservati on Officer, and Building Inspector series who perform field work, shall receive be eligible for an annual Safety Shoe reimbursementAllowance of Two Hundred Dollars ($200) per fiscal year; such allowance will be paid in July of each year . An employee may be reimbursed up to Two Hundred and Twenty -Five Dollars ($225.00) pe r calendar year for the purchase of safety shoes.
New employees will receive a pro-rated Safety Shoe Allowance at the time they are hired. The amount they receive will be based on the number of months th ey will work until the next benefit is paid. If an employee is hired between the 1st and the 15th of the month, they would receive credit for that month. If an employee is hired after the 16th of the month, the benefit would start with the first of the next month.
The type of safety footwear will be determined within the safety standards established by the employee's department head or designee.
An employee, upon advance request to the supervisor, may be exempt from wearing such safety shoes.
Any such exemption must be authorized by a supervisory representative of the employee's department, be based on the written advice of a medical doctor, or such other reason(s) as may be determined by the City, and not exceed a total of twenty (20) working days in any period of twelve (12) consecutive months.
ARTICLE XV. PRESCRIPTION SAFETY GLASSES
In accordance with the California Code of Administrative Regulation, subchapter 7, Group 2, Article 10, section 3382 (eye and face protection), employees working in locations where there is a risk of receiving eye injuries such as punctures, abrasions, contusions, or burns as a result of contact with flying particles, hazardous substances, projections, or injurious light rays (such as in a welding operation) which are inherent in the work environment, shall be eligible for reimbursement for safety prescription glasses in the amounts and frequency stated below.
An employee may be reimbursed up to One Hundred and Fifty Dollars ($150.00) per calendar year for the purchase of safety prescripti on glasses. Such safety glasses must meet the requirements set forth in the American National Standard, Practice for Occupational and Educational Eye and Face Protection, Z87.1- 1989, and any other regulations that may be established regarding safety prescription glasses.
The decision of the Administrative Services Director in determining eligibility for prescription safety glasses shall be final and not subject to grievance or appeal.
ARTICLE XVI. BILINGUAL PAY
ATTACHMENT 1
301
8 Employees identified by the department head and approved by the Administrative Services Director, who utilize one of the languages in the paragraph below while performing their assigned duties and are certified as competent at the conversational level shall receive Sixty Dollars ($60.00) per pay period starting with the first pay period after being certified for as long as they remain certified.
Employees identified by the department head and approved by the Administrative Services Director, who utilize one of the languages in the paragraph below while performing their assigned duties and are certified as competent at the conversational and written level, shall receive Seventy-Five Dollars ($75.00) per pay period starting with the first pay period after being certified for as long as they remain certified.
Bilingual pay shall apply to the following languages: Spanish, Vietnamese, Arabic, Farsi, Mandarin, Cantonese, Cambodian, Sign Language and other languages as determined by the Administrative Services Director.
Employees receiving bilingual pay are subject to periodic re-certification as a condition of receiving such payments.
Employees who are certified by their Department Head and approved by the Ad ministrative Services Director and who use one of the fo llowing languages at both the written and conversational level while performing their assigned duties shall receive Sixty Dollars ($60.00) per pay period starting with the first pay period after their certification for as long as they remain certified.
Employees who are certified by their Department Head and approved by the Ad ministrative Services Director who use one of the following languages at the conversational level while performing their assigned duties shall receive Thirty-Five Dollars ($35.00) per pay period starting with the first pay period after their certification for as long as they remain certified.
Employees who received Bilingual Pay in the last pay period of March 2007 shall receive such pay at the written and conversational level (Sixty Dollars [$60.00] per pay period) during the term of this agreement, as long as they remain certified. Employees are subject to periodic recerti fication as a condition of receiving Bilingual pay.
Bilingual pay shall apply to the following languages: Spanish, Vietna mese, Arabic (including Persian, Iranian and Farsi), Chinese, Cambodian, Sign La nguage, and other languages as determined by the Administrative Services Director.
ARTICLE XVII. SHIFT DIFFERENTIAL
Employees assigned to city faciliti es operating on a twenty-f our hour, seven day a week schedule shall receive a shift differential of Two Dollars and Fifty Cents ( $2.50) per hour for all hours worked on the shift for employees whose regular schedule requires that the employee work at least 4 hours between the hours of 4:00 p.m. and 6:00 a.m.
ARTICLE XVIII. SPECIAL EQUIPMENT OPERATORS PAY
Public Works Department employees assigned to ope rate a water tank truck, a street sweeper, a motor patrol grader, an aerial lift truck, a crane truck, a front end loader, a tractor, an asphalt grinder, a yard goat, a skid steer, a fork lift, a leaf loader, a back hoe, or a vehicle or combinati on of vehicles requiring a Commercial Driver’s License in the performance of his/hertheir job duties will receive Twelve Dollars ($12.00) per day. Such pay shall be in addition to all other compensation and it will be paid provided that ATTACHMENT 1
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9 the employee is assigned to such equipment fifty percent (50%) or more of the employee’s workday and does actually operate such equipment.
ARTICLE XIX. PAID LUNCH BREAK
ARTICLE XIX. PAID LUNCH BREAK
Employees in the following classifi cations shall receive a 30 minute paid lunch break while working a regularly scheduled shift: Animal Control Officer, Community Service Specialist, Public Safety Dispatcher, Senior Public Safety Dispatcher, Supervising Public Safety Dispatcher, Senior Police Clerk, Supervising Police Clerk, Property and Evidence Specialist, Supervisi ng Property and Evidence Specialist, Crisis Intervention Specialist, Supervising Crime and Intelligence Analyst, WR Operator – Trainee, WR Operator – Grade I, WR Operator – Grade II, WR Operator – Grade III, WR Senior Operator, and WR Supervising Operator.
It is understood that such designated employees shall be required to remain on duty for the full number of hours of the work shift, including meal periods, if necessary, to respond to public service requirements.
Meal periods for employees in the classifications designated above shall be considered as included within the hours of the scheduled work shift. As staffing levels permit, employees may leave their workstation while remaining on their facility or campus premises on a paid lunch break. Employees must immediately return to their workstation when called.
ARTICLE XX. SUPPORT DOG HANDLER
The Support Dog Handler is a volunt ary and collateral assignment for a full-time non-managerial professional employee of the police department. The selection criteria for and roles and responsibilities of a Support Dog Handler, including, but not limited to caring for the health and welfare of the Support Dog, training, and required Support Dog activities and de ployments, are covered unde r the Livermore Police Department Policy Manual Policy No. 1057. The Chief of Police will have the sole authority to continue or terminate the Support Dog program based on the Department’s needs.
Employees assigned as a Support Dog Handler shall be compensated for routine time spent in the care, feeding, grooming, and other needs of the dog at the rate of Four Hundred Dollars ($400.00) per month.
The Support Dog Handler is entitled to overtime comp ensation as set forth in this Memo randum of Understanding (MOU) when engaged in Support D og activities outside the Support Dog Handler’s regularly scheduled shift beyond the normal care, f eeding, and grooming needs of the dog, or when the performance of Support Dog activities requires the S upport Dog Handler to perf orm their regular job duties outside the regularly scheduled shift. Examples of these activities include community events, court appearances, or to provide comfort to a crime victim.
CHAPTER 3. LEAVES
ARTICLE I. VACATION
Eligible full-time employees shall accrue vacation as follows. Eligible part-time employees shall accrue a pro-rata amount based on their status as a three-quarter or half time budget allocation:
Years of Service Accrual Rate Per Pay Period
First year* 3.10 hours
Second through fifth 4.62 hours
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10 Sixth through tenth 5.23 hours
Eleventh through fifteenth 6.19 hours
Sixteenth through nineteenth 6.93 hours
Twentieth or more 7.40 hours
*Probationary employees must satisfactorily complete their probationary period before being advanced to the second year accrual rate. An employee whose position requires a probationary period that exceeds twelve months shall be advanced to the second year rate upon completion of one year of service.
Vacation Accumulation
Employees may accumulate up to th ree hundred forty (340) hours of vacation. Accrual will terminate after employee accumulates the 340 maximum vacation hours.
Vacation Selection
During the term of this Memorandu m of Understanding, the City shal l meet and confer with ALE over any proposed change to the methodology by which ALE represented employees in 24/7 departments schedule vacations, including but not limited to any proposed change to the length of vacation allowed.
Vacation Cash Out
An employee may receive a cash payment for unused vacation hours provided the employee has used a minimum of forty (40) hours vacation leave during the twelve months preceding the cash out date, retains a minimum balance of forty (40) hours of vacati on, and cashes out a minimum of forty (40) hours.
Payments shall be made in June and December of each year. This paragraph shall sunset on December 31, 2021.
Effective January 1, 2022, all employees will be eligible to cash out up to eighty-five (85) hours of vacation semi-annually during the mont hs of June and December each year. Employees must retain a minimum balance of forty (40) hours of vacation at the time of each cash out.
During the month of December each year, employees must make an irrevocable election to cash out vacation in the following calendar year. Failure to submit an irrevocable election form shall be the same as electing not to cash out vacation leave during the following calendar year.
The employee will be responsible to make sure they have used the required number of hours and that the elected vacation hours to be cashed out are available at the time of each cash out. If an employee has not met the leave usage requirement or does not have enough vacation hours, the employee will not be eligible for vacation cash out during the year. The requirement to use vacation will sunset on December 31, 2021.
For vacation requested before the vacation cash out election date that was subsequently cancelled by the department after the vacation cash out election date, an employee may make a request to the City Manager to transfer the vacation hours they would have used to their vacation bank if their vacation balance is above 240 hours.
The City Manager may suspend the payout provision if she/hethey determines that a demonstrated fiscal crisis exists.
The City shall meet with ALE and explain, prior to suspension of the payout provision, if the City Manager intends to determine that a demonstrated fiscal crisis exists. This meeting shall not constitute formal meet and confer and impasse procedures do not apply.
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11 ARTICLE II. PERSONAL LEAVE
Personal leave for eligible employees shall be credited and taken in accordance with the Personal Leave Policy governing personal leave days. Each payroll year eligible employees will be credited with personal leave as follows:
Sixteen (16) hours with an increase of eight (8) hours for each five (5) years of service to a maximum of 40 hours for each eligible em ployee whose position is budgeted for forty (40) hours per week.
Twelve (12) hours with an increas e of six (6) hours for each fi ve (5) years of service to a maximum of 30 hours for each eligible employee whose position is budgeted for thirty (30) hours but less than forty (40) hours per week.
Eight (8) hours with an increase of (4) hours for each five (5) years of service to a maximum of 20 hours for each eligible employee whose position is budgeted for twenty (20) hours but less than thirty (30) hours per week.
For employees hired after June 26, 2017, Personal leave shall be credited and taken in accordance with the Personal Leave Policy go verning personal leave days. Each payroll year eligible employees will be credited with personal leave as follows:
Sixteen (16) hours for each el igible employee whose positio n is budgeted for forty (40) hours per week.
Twelve (12) hours for each eligible employee whose position is budgeted for thirty (30) hours but less than forty (40) hours per week.
Eight (8) hours for each eligible employee whose position is budgeted for twenty (20) hours but less than thirty (30) hours per week.
Employees not in a paid status at the beginning of the payroll year will not be credited with personal leave until their return to work.
ARTICLE III. SICK LEAVE
Sick leave accrual and usage shal l be established by the City Pers onnel Rules and Regulations and as modified by the Master Memorandum of Understanding between ALE and the City.
ARTICLE IV. FAMILY ILLNESS
An employee may use sick leave for absences cause d by the illness or injury of a member of the employee’s immediate family (as defined below under Article VI Immediate Family) which requires the presence of the employee. For the purpose of this section, an employee may us e up to one-half of their annual sick leave accrual.
ARTICLE V. FUNERAL BEREAVEMENT LEAVE
In the event of a death in the immediate family (as defined below under Article VI. Immediate Family) of an employee, the employee shall, upon request, be granted time off, with pay, the equivalent of three (3) ATTACHMENT 1
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12 regularly scheduled workdays. The. immediate family shall be defi ned as any of the following of the employee, the employee’s spouse, or the employee’s domestic partner:
Spouse or registered domestic partner
Child(ren)
Parents
Siblings
Grandparents
Grandchildren
A relative residing in the employee’s household or dependent on the employee for full support.
In the event of the death of an employee’s non- immediate family, an em ployee may use up to the equivalent of three (3) regularly scheduled workdays of accumulated sick leave. The non-immediate family shall be defined as any of the following of the employee, the employee’s spouse, or the employee’s domestic partner:
Aunt or Uncle
In the event of a death of an aunt or uncle of an employee, the employee shall, upon request, be allowed to use the equivalent of three (3) regularly scheduled workdays of sick leave..
Employees may supplement the paid bereavement leave above with ac crued leave (including vacation, personal leave, compensatory time, or sick leave) to reach a total of five (5) workdays of time off per incident of bereavement. The days of leave need not be consecutive. Employees may schedule additional time off, as needed, using accrued vacation, personal leave, or compen satory time off with the approval of their supervisor.
When unusual circumstances exist, an extension may be granted upon recommendation of the employees' Department Head. Such extension may not exceed sixteen (16) additional sick leave hours.
At the request of the City, the employee will furnish a death certificate and proof of relationship.
ARTICLE VI. IMMEDIATE FAMILY
The immediate family is defined as the employee’s spouse, parents of employee or spouse, or registered domestic partner, children, step-children who reside in the employee’s household, brothers of employee or spouse, sisters of employee or spouse, grandparents of employee or spouse, grandchildren of employee or spouse, foster parent, foster child or relative living within the employee’s household and registered domestic partner. An employee may register a domestic partner by meeting the requirements set forth in the City of Livermore Declaration of Domestic Partnership form. Th e form will be filed with Human Resources and kept in the employee’s confidential medical file in Human Resources.
ARTICLE VII. PARENTAL LEAVE
Any employee who becomes a parent by adoption or fo ster care placement of a child or any employee who becomes a parent due to the birth of a child will be entitled to the use of up to one-half their annual sick leave accrual. Such leave wi ll be in addition to and may be combined with that allowed under the City’s Personnel Rules and Regulations, Chapter 11, Section 11.04, Sub-section C.
ARTICLE VIII. HOLIDAYS
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13 Eligible employees shall be entitled to take all author ized holidays off with pay . If a holiday falls on an employee’s scheduled day off, the employee shall receive an in-lieu day off, not to exceed eight (8) hours pay, in the same pay period or the next pay period., or receive an in-lieu day off, or days pay when required to work on a scheduled work day, not to exceed eight (8) hours pay for any one (1) day and the appropriate pro-rata amount for part-time employees . If it is not feasible to gran t an in-lieu day off, the employee shall be compensated eight (8) hours at the rate of one and one-half (1-1/2) times the employee’s straight time rate of pay for any one (1) holiday. Part-time employees will be compensated the appropriate pro- rata amount based on eight (8) hours as full time.
When an employee is scheduled to and does work on a day observed as a holiday, the employee shall receive one and one half (1½) times pay for all hours worked, in addition to the pay for the holiday. or, in lieu thereof, compensatory time, as long as the hours worked on the holiday aren’t required to be reported as Regular hours to CalPERS, for each hour and each one-tenth (1/10) part of an hour worked in addition to their regular pay for the holiday.
Part-time employees who are regularly scheduled to work eight (8) hours or more and are entitled to take an authorized holiday off, may elect to take time off without pay in lieu of using vacation or compensatory time in order to supplement the hours required for that regularly scheduled work day. The intent of this exception is to allow the employee to minimize the use of vacation or compensatory time when accounting for hours on holidays. Should an employee elect to take time off without pa y under this section, the employee will continue to receive all other benefits and compensatio n at their normal rates without interruption.
In order to be eligible for holiday time off or pay in lieu thereof, the employee must be in an approved pay status on both their scheduled workday immediately preceding and their scheduled workday immediately following the holiday.
The authorized holidays are:
(1) New Year's Day
(2) Martin Luther King, Jr. Day (third Monday of January) (3) President's Day (thi rd Monday of February)
(4) Memorial Day (last Monday of May)
(5) Independence Day
(6) Labor Day (first Monday of September)
(7) Veteran's Day
(8) Thanksgiving Day
(9) Day after Thanksgiving Day
(10) December Twenty-fourth (24th)
(11) December Twenty-fifth (25th)
(12) December Thirty-first (31st)
When a holiday listed above falls on a Saturday, the preceding Friday shall be considered the holiday, and when a holiday listed above falls on a Sunday, the following Monday shall be considered the holiday.
Exception:
When December 25 and January 1 fall on Saturd ay, Sunday or Monday, the December 24, 25, 31 and January 1 holidays shall be observed as follows:
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14 When December 25 and January 1 fall on Saturday, the preceding Thursday and Friday shall be considered holidays.
When December 25 and January 1 fall on Sunday, the preceding Friday and the following Monday shall be considered holidays.
When December 25 and January 1 fall on Monday, that Monday and the preceding Friday shall be considered holidays.
ARTICLE IX. DONATION OF LEAVE TIME TO OTHER EMPLOYEES
This is a system whereby a member covered by this agreement may donate accumulated time off from compensatory time or vacation accruals to another member. The City shall limit such donations to situations where the reason of the donation of leave time is necessitated by the illness or injury of the recipient and who is threatened with loss of earnings due to the exhaustion of the recipients leave benefits.
All such donations shall only be used in those situations where the recipient member is expected to return to full duty. This agreement shall not prevent members from donating such time to City employees not covered by this agreement.
CHAPTER 4. INSURANCES AND HEALTH CARE
CHAPTER 4. INSURANCES AND HEALTH CARE
ARTICLE I. HEALTH CARE BENEFITSHEALTH, MEDICAL AND DENTAL CARE
BENEFITS
Effective January 1, 2017, tThe City will provide a monthly contribution of One Thousand Nine Hundred and Fifty Dollars ($1,950.00) from which anthe employee may pay medical, dental, and/or vision premiums., Any unused portion of the employee’s benefit amount will be added as taxable income to the employee’s earnings. or other costs for health care programs as the City shall establish revise, sponsor, or make available to all eligible employees. Contribution amounts are prorated for employees who work part-time.
Effective December 1, 2025, the City will pay up to One Hundred Dollars ($100.00) per month towards the premiums for the dental and vision plans selected by employees who are currently enrolled in a City medical plan. This contribution will be prorated for employees who work part-time.
If an employee requests to cancel/waive the City medical insurance coverage, the employee must present proof of medical, dental, and/or vision insurance coverage through another group provider. The employee will be required to certify their coverage on an annual basis during the open enrollment period to continue receiving the benefit.Any employee requesting a waiver of medical, dental, and/or vision coverage will be required to meet all rules and conditions covering the administration of the health plans. An employee who has cancelled or waived insurance provided by the City and experiences a qualifying event, such as the loss of medical coverage through another provider, may be eligible to enroll in the City’s insurance program as long as they meet the enrollment requirements.
Any unused portion of the City’s contribution will be added as taxable income to the employee’s earnings.
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15 The City will meet with ALE representatives to discu ss health insurance issues at least twice per year.
Whenever possible, no less than thir ty days before the scheduled open enrollment period, the City will provide written notice to ALE of an y proposed changes to premiums, pl an design, insurance carriers or other changes to the City’s medica l, dental, and other insurance bene fits and/or carriers available to members. At ALE’s request, the City will meet and discuss with ALE representatives any proposed changes to health, medical, dental, and other insurance programs including carriers or insurance broker(s), offered by the City to its members.
ARTICLE II. LIFE INSURANCE
Effective no later than 60 (sixty) days following adoption by the City Council, each eligible employee shall receive Sixty Thousand Dollars ($60,000) of basic life insurance coverage paid for by the City under the provisions of the Life Insura nce Program as established, administered, revised, sponsored, and made available to all eligible employees by the City.
Eligible enrolled employees may purchase supplemental life insurance starting at $30,000 of coverage in increments of $10,000 to the lesser of $300,000 or five (5) times the empl oyees base salary, pursuant to California law.
ARTICLE III. LONG TERM DISABILITY INSURANCE
The City will select, administer, re vise, and sponsor a Long Term Disability Insurance program with a maximum monthly benefit of $5,000 pe r month and make the pr ogram or plan availa ble to all eligible employees. Effective sixty days following adopti on by the City Council, the City shall contribute an amount not to exceed Forty-Two Dollars and Fift y Cents ($42.50) per month per individual employee toward the monthly premium cost of enrolled employees, and in no even t shall the City be obligated to contribute an amount in excess of the actual cost, if lesser, for an individual employee. If, during this contract period, the LTD premium exceeds $42.50 per month, the City will meet and confer with ALE to discuss how to address the increase.
ARTICLE IV. LONG TERM CARE INSURANCE
Effective January 1, 2008, the City will select, administer, revise and sponsor a voluntary long term care insurance program and make the plan available to eligible employees. The employee shall pay any and all required premiums for this plan. This program may be terminated at any time in the event that the plan fails to meet the minimum enrollment requirement established by the insurance carrier. The insurance carrier’s rules regarding eligibility shall be applicable.
CHAPTER 5. RETIREMENT
ARTICLE I. PERS RETIREMENT PLAN
The City of Livermore contracted with the Calif ornia State Employees’ Reti rement System for an employee’s retirement plan effective January 1, 1952. The retirement plan is now titled California Public Employees’ Retirement System (PERS), local miscell aneous member category. Said plan was first amended effective November 1, 1959, and subsequently further amended as follows:
AMENDMENT EFFECTIVE DATE SUPERSEDED
Three Year Final Compensati on July 1, 1967 June 18, 1990 ATTACHMENT 1
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16 1959 Survivor Benefits July 1, 1967 June 18, 1990 Credit for Unused Sick Leave November 22, 1978
Third Level 1959 Survivor Bene fits June 18, 1990 March 25, 1999 One Year Final Compensation June 18, 1990
2% @ 55 Full Formula June 26, 1995 October 3, 2003
Employer Paid Member Contributio n (EPMC) June 24, 1996 April 8, 2013 Fourth Level Survivor Benefit March 25, 1999
Death Benefit/Remarriage March 25, 1999
Military Service Cr edit October 3, 2003
2.7% @ 55 Full Formula October 3, 2003
2% @ 60 Full Formula December 30, 2012
2% @ 62 Full Formula January 1, 2013
Effective December 30, 2012, newly hired classic miscellaneous CalPERS members, as defined under the Public Employees’ Pension Reform Act (PEPRA), are covered by the 2%@60 retirement formula with the Three Year Final Compensation provision. Such newly hired employees under this second tier will be responsible for the entire 7% (seven percent) employee paid member contribution.
As a result of the passage and enactment of PEPRA effective in January 2013, employees covered under this Memorandum and determined to be new members to CalPERS, shall make retirement contributions consistent with the provisions of PEPRA. Such provisions include a mandatory member retirement contribution of 50% of the total normal cost for the plan with a retirement formula of 2%@62 and the highest average annual compensation earned during three (3) consecutive years of CalPERS service.
ARTICLE II. RETIREE HEALTH BENEFIT
Eligibility Criteria
The following eligibility criteria will apply to A LE employees who retire on or after October 3, 2003. It shall not apply to any former employees who retired prior to October 3, 2003.
1. The employee must have retired within 120 days of their last day of employm ent with the City of Livermore, except in a case of a husband and wife spouses who both work for the City (see “Husband and WifeMarried Employees”) and
2. The employee must have obtained a minimum of te n (10) years of servic e credit working for a CalPERS covered employer, which includes a minimum of five (5) years of full-time employment or equivalent with the City of Livermore. The tota l years of service worki ng for a CalPERS covered employer will be validated by CalPERS and/or the employee’s former employers at the time of retirement.
Industrial Disability Retirement
An employee who retires from the C ity of Livermore with an industr ial disability retirement from CalPERS and who is totally disabled will be eligible for this benefit regardless of his or her length of service.
Husband and WifeMarried Employees
If both husband and wifespouses are employees of the City of Livermore, both must be retired before they become eligible for the reti ree health benefit. The above described eligibility requirement of retirement within one hundred and twenty (120) days of employment with the City is appl icable to only the second ATTACHMENT 1
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17 spouse to retire. When both are retired, each will be eligible for the benefit amount. If the retirees divorce, each will continue to receive the health benefit.
Reimbursement Amount
The percentage used to calculate the reimburseme nt amount will be based on the percentage schedule listed below and the active Kaiser Plan A 2-Party H ealth Plan premium rate for an employee and one dependent. If the City institutes the CalPERS medical plan, the CalPERS Kaiser (CA) Bay Area Region premium rate for an employee and one dependent would replace the active Kaiser Plan A 2-Party rate.
The retiree health benefit will reim burse the cost of medi cal insurance; this does not include premium costs for dental, vision, or other similar forms of health services.
CalPERS Years of Service City’s Contribution
10 70% (effective 1/1/06)
15 80% (effective 1/1/06)
20 90% (effective 1/1/06)
25+ 100%
The reimbursement amount will be for the actual cost of the monthly premium for medical insurance for the retiree and one dependent. The reimbursement amount shall not exceed the maximum amount that the retiree qualifies for based on the active Kaiser Plan A 2-Party premium rate for the employee plus one dependent and his or her years of service.
Effective for employees retiring after December 31, 2005 and before ra tification of this Memorandum, the benefit amount for retiree health insurance shall not exceed the Kaiser Plan A 2-Party premium rate for an active employee and one dependent or One Thousand Six Hundred Seventy Three Dollars ($1,673.00) per month minus the dental premium for an active employee and one dependent enrolled in the base dental plan, whichever is less. The City will adjust the benefit amount of $1,673 in January of each year by an amount equal to the increase, if a ny, in the Health Net PPO Family premium rate. The twelve month cost of such an increase shall not exceed one percent (1%) of the annual base salary budgeted amount for all ALE positions.
Effective for employees retiring af ter ratification of th is Memorandum and befo re January 1, 2017, the benefit amount for retiree health insurance shall not exceed the Kaiser Plan A 2-Party premium rate for an active employee and one dependent or One T housand Five Hundred Eighty One Dollars ($1,581.00) per month, whichever is less. The City will adjust the benefit amount of $1,581 in January of each year by an amount equal to the increase, if any, in the Health Net PPO Family premium rate. The twelve month cost of such an increase shall not exceed one percent (1%) of the annual base salary budgeted amount for all ALE positions.
Effective for employees retiring on or after January 1, 2017 and before October 1, 2025, the benefit amount for retiree health insurance shall be $1,950 per month or the monthly health benefit contribution for active employees provided pursuant to Chapter 4, Article I, whichever is greater.
Effective for employees retiring on or after October 1, 2025, the benefit amount for retiree health insurance shall be $1,950 per month.
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18 Upon the retiree’s eligibility for Me dicare, the City will reimburse an amount including the cost of Medicare Parts A and B, if the employee is required to obtain such parts to secure medical coverage. The total amount of the reimbursement will not exceed the maximum amount for which the retiree qualifies.
A surviving spouse of a deceased retiree will be eligib le to receive reimbursement in an amount equal to 50% of the reimbursement amount in effect at the time of death of the retiree. The surviving spouse must have been married to the retiree at the time of retireme nt. Eligibility for th is benefit will cease upon remarriage or death of the spouse.
Administration
The City Manager will determine what form of evidence and frequency of its submission to the City is necessary for verification of retiree medical insura nce coverage. Additionally, the City Manager will be responsible for establishi ng all procedures and policies necessary for administering th e program in an orderly and equitable manner.
Retirement Health Savings Account
Employees hired on or after April 1, 2007 shall not be eligible for th e above Retiree Health Benefit set forth in Article II. An employee shall receive a retirement health savings account with a City contribution of four percent (4%) of the employee’s base salary.
CHAPTER 6. MISCELLANEOUS
ARTICLE I. EMPLOYEE COMMITTEE
The City recognizes the establishment of an Em ployee's Committee to be comprised of seven (7) representatives from all classifications represented by ALE within the Police Department. No more than two (2) employees from the same classification will be allowed to serve on the committee at the same time. The representative(s) should be rotated, if possible, on a calendar year basis.
The committee shall be gi ven the opportunity to meet no more th an once each month with the Chief of Police to discuss departmental issues affecting the employees in the above listed classifications. The committee shall request the meeting at least one week in advance of th e meeting and the request will be accompanied by an agenda listing and explaining the sp ecific issue(s) to be discussed. No meeting will take place if no agenda, with at least one item for discussion, is presented with the meeting request. The Police Department agrees to release, with pay, al l (7) of the committee members from work, if on duty, for a period not to exceed one and one-half (1½) hours for attendance at the scheduled meeting. The Chief of Police and the committee may mutually agree to discontinue this committee at such time as each agrees it is no longer necessary to meet and they may, upon mutual agreement, reconvene the committee.
In furtherance, to increase the communication within the Police Depa rtment, ALE shall notify the Chief of Police, at the beginning of each calendar year, of the name of its Police Department member who is designated to receive all proposed changes to the Police Department General Orders and Division Orders.
This member will also attend department monthly staff meetings on behalf of ALE, with pay.
ARTICLE II. DISCIPLINARY ACTION
Section A
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19 Disciplinary action shall be in accordance with Chapter 13 of the City’s Personnel Rules and Regulations except as amended herein.
Section B
Disciplinary action in the form of suspension of more than five (5) days, a reduction in pay equal to more than a five (5) day suspension, a demotion, or termination of employment may be submitted for arbitration by ALE. Disciplinary actions submitted for arbitration under this provision shall be in lieu of an appeal to the City Manager pursuant to Personnel Rule 13.
Should the parties fail to agree on a neutral arbitrator, they shall requ est a list of seven (7) qualified arbitrators from the State of California Mediation and Conciliation Service. The parties shall alternately strike names from the list until one name remains. Th e party to strike the first name shall be determined by a coin toss.
The selected arbitrator shall conduct a hearing, make record of the hearing, and issue a final and binding decision which may be to uphold, modify or rescind the disciplinary action.
The cost of the arbitrator and all incidental costs (such as court reporter fees, transcription fees, etc.) shall be shared equally between the City and ALE.
Section C
A request to arbitrate a disciplinary action pursuant to Section B above shall be made in writing by ALE to the Administrative Services Director within ten (10) calendar days of the date of ALE’s receipt of the “notice of discipline.”
Section D
The individual issuing a “notice of intended discipline” requiring a “Skelly Meeting” (disciplinary actions of a suspension of more than five (5) days or reductions in pay equal to more than a five (5) day suspension, demotion or termination) shall not be appointed the “Skelly” meeting officer.
Section E
ALE shall be provided with a copy of the “notice of discipline” for a disciplinary action subject to arbitration as set forth in Section B above, and for a disciplinary action that may be appealed to the City Manager as set forth in Personnel Rule 13.03
ARTICLE III. EMPLOYEE PERFORMANCE EVALUATIONS
Annual step salary increases shall not be denied or delayed due to lack of a performance evaluation.
Performance of duties in a higher paid classification shall not adversely affect an employee’s performance evaluation.
ARTICLE IV. WORK SCHEDULES
Employees in the Dispatch Unit , and Community Service Specialists, and Animal Control Officers who work a 4/11 shift schedule have a regular work schedule that shall consist of an average of 2,080 hours per year. The 4/11 shift schedule requires that employees work an additional seventy-two (72) hours per year to meet the 2,080 hours worked per year requirement.
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20 In order to meet the seventy-two (72) hour requirement, twenty (20) hours will be scheduled as continuous professional training and fifty-two (52) hours will be scheduled as additional training, public appearances, special events staffing or to cover staffing needs of the Police Department.
An employee may elect by January 15 of each year to apply up to eigh t (8) hours of available accrued vacation, compensation time, or pers onal leave toward meeting the seventy-two (72) hour requirement.
The City will notify employees of the leave election options and selection deadline by December 1 of each year. If a so notified employee does not make a leave election by January 15, the default election will be for the employee to work the fifty-two (52) hours. New employees will be required to work the additional hours needed based on the employees hire date.
The tracking period for the additional hours worked per year is based on the payroll calendar year. Hours will be pro-rated for part-time employees.
ARTICLE V. FATIGUE RECOVERY TIME
An employee who has worked sixteen (16) or more hours within a twenty-four (24) hour period and/or has worked on call-back within six (6) hours of the scheduled start time of his/hertheir next regular shift and feels theyhe/she cannot work safely because of fatigue shall notify his/hertheir supervisory immediately. The employee will be provided with a maximum of eight (8) consecutive hours of rest time, based on the requested rest time election of the employee, between the time the employee leaves the work site to when he/shethey reports back to work, subject to the following conditions.
An employee called to report within three hours of theirhis/her regular starting time will not be provided rest time under this provision unless, at the time theyhe/she areis called to report, either (a) the employee already has worked on call-back within six (6) hours of the scheduled start time of theirhis/her next regular shift, or (b) the employee has worked sixteen (16) or more hours within a twenty-four (24) hour period.
If any portion of the up to eight (8) hours of rest falls within the employee’s next scheduled work shift, an employee who requests rest time u nder this provision may be paid fo r up to three (3) hours at the employee’s straight time pay and may elect to take accrued personal, vacation, and/or compensatory time off leave for any remaining portion of the up to eight (8) hours.An employee who requests rest time under this provision may elect to take accrued personal, vacation, and/or CTO leave for any portion of the up to eight (8) hours of rest that falls within the employee’s next scheduled work shift.
For rest break and meal period purposes, the work day of an employee returning from rest time under this provision will be deemed to have started upon the em ployee’s return to work, and employee’s quit time will be the same as if he/shethey had reported for work at his/hertheir normal start time.
The City may suspend providing rest time under this provision for the duration of an emergency declared by the City Council.
CHAPTER 7. AGENCY SECURITY
ARTICLE I. REPRESENTATION
City employees who are official representatives of ALE will be given reasonabl e time off with pay and benefits during their regularly scheduled work hours to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being ATTACHMENT 1
314
21 considered. The use of official time for this purpos e will be reasonable and shall not interfere with the performance of City services as determined by the employee's department head.
ALE may select six (6) representa tives from its general membership or Board members to engage in investigating and assisting employees in the resolu tion of grievances. Additionally, ALE may select up to six (6) representatives from its general membership or Board members to engage in negotiations with City representatives.
ALE shall promptly advise the Administrative Serv ices Director in writi ng of the names of the representatives. Except in emergency situations, each employee will submit a written request for time off to their department head or designee, at least th ree (3) working days prior to scheduled meetings.
Supervising employees shall not represent non-supervising employees who are in the supervisor's line of supervisory responsibility in regards to disciplinary matters in grievance procedures.
ARTICLE II. MEETING FACILITIES
ALE is allowed to reserve City meeting and conference rooms for use during lunch periods and other non- working hours. Use of such meeting places will be made available in conformity with City rules and are subject to the limitations of prior commitments.
ARTICLE III. BULLETIN BOARDS
ALE will be allowed reasonable access to City bulletin boards for the purpose of posting, transmitting, or distributing notices or announcements regarding ALE membership meetings, results of elections, reports of minutes of ALE meetings, social events, and recreational events. Any ot her materials must be submitted to the Administrative Services Director or designee for approval five (5) working days prior to the requested posting date. All posted materials must be dated, and unless special arrangements are made, ALE will remove all posted materials, thirty-one (31) calendar days after the publication date.
ARTICLE IV. CLASSIFICATION SPECIFICATIONS
The City agrees to provide ALE an opportunity to review new and revi sed classification specifications seven (7) working days prior to finalization by Human Resources.
ARTICLE V. NO DISCRIMINATION
ALE shall not discriminate on the basis of race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, physical or mental disability, marital status or political opinion or affiliation for ALE activity to the extent prohibited by applicable State and Federal Law. The City will not discriminate against an employee for engaging in ALE membership or activity to the extent prohibited by applicable State and Federal law.
ATTACHMENT 1
315
22 Executed this ______ day of ______________________________, 202 51, by the Employee-Employer representatives whose signatures appear below for their respective organizations.
Employee Representatives Employer Representative
City of Livermore
Association of Livermore Employees
By ____________________________ By __________________________________ Jonathan BrowningMichael Pato, Interim President Marianna BurchMarc Roberts, City Manager
By ______________________________________ By __________________________________ Renea DawesNick Bagakis, NegotiatorSecretary Tina OlsonDouglas Alessio, Admin. Services Dir.
By ______________________________________ By __________________________________ Lisajoy CalegariJonathan Browning, Negotiator Kristen Hilton, Human Resources Manager
By ______________________________________ By __________________________________ Braden ChristensenRenea Dawes, Negotiator Natalie Villasenor, Human Resources Senior Analyst
By ______________________________________ By __________________________________ Marco TorresKathy Hughes, Negotiator Kaylin Larson, Human Resources Analyst II
By ______________________________________ By __________________________________ Denni Smiley, Negotiator Eddie Jimenez, Human Resources Analyst ATTACHMENT 1
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1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LIVERMORE AND THE
ASSOCIATION OF LIVERMORE EMPLOYEES
The Association of Livermore Employees (ALE) Memorandum of Understanding expired on September 30, 2025. The City and ALE met and negotiated a successor Master Memorandum of Understanding.
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that:
1. The amendments to the Master of Memorandum of Understanding (MOU) between the City of Livermore and the Association of Livermore Employees for the period of October 1, 2025, through September 30, 2029, as reflected in the attached Exhibit A, is hereby approved, and the City Manager is au thorized to execute that MOU on behalf of the City of Livermore.
2. Appropriate funds in the amount of $1,854,124 for FY 2025-26 and $3,086,220 for FY 2026-27, as shown in the table below:
Fund # Fund
FY 2025 -26
ALE
Allocation
FY 2026 -27
ALE
Allocation
100 General Fund $1,115,210 $1,837,514
200
Low Income Housing
Fund 7,565 12,465
210 Horizons 32,321 53,255
283
City Street Sweeping
Fee 6,767 11,150
310 Downtown LMD 8,665 14,277
311 Other LMD 33,330 54,917
550 County Measure D 8,298 13,673
600 Airport 44,650 73,569
610 Stormwater 29,126 48,925
620 Wastewater 323,660 550,591
640 Water 113,887 200,623
700 General Liability 6,643 10,945
710
Workers Comp
Insurance 6,643 10,945
720 Information Technology 39,272 64,708
730
Fleet & Equipment
Services 49,464 81,502
740 Facilities Rehab Pgm 28,623 47,161
317
2 RESOLUTION NO. ________
Total $1,854,124 $3,086,220
On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Deborah L. Elam Kimberly Cilley
City Clerk City Attorney
Exhibit A – Master Memorandum of Understanding – Association of Livermore Employees
318
M
ASTER
M
E M O R A N D U M O F U N D E R S T A N D I N G
on
W
AGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT
AS
SOCIATION OF LIVERMORE EMPLOYEES
a
nd
CI
TY OF LIVERMORE
T
ERM OF AGREEMENT
O
ctober 1, 2025 – September 30, 2029
EXHIBIT A
319
TABLE OF CONTENTS
CHAPTER 1. ADMINISTRATION ...................................................................................................... 1 ARTICLE I. PARTIES TO UNDERSTANDING ....................................................................... 1 ARTICLE II. RECOGNITION ..................................................................................................... 1 ARTICLE III. STATE LAW COMPLIANCE ............................................................................... 1 ARTICLE IV. CITY COUNCIL APPROVAL .............................................................................. 1 ARTICLE V. TERMS OF UNDERSTANDING .......................................................................... 1
CHAPTER 2. SALARIES AND OTHER COMPENSATION ............................................................ 2 ARTICLE I. SALARIES ............................................................................................................. 2 ARTICLE II. OVERTIME COMPENSATION............................................................................ 2 ARTICLE III. CALL BACK PAY ................................................................................................. 3 ARTICLE IV. STANDBY PAY ..................................................................................................... 3 ARTICLE V. TELEPHONE PAY ................................................................................................ 3 ARTICLE VI. COURT APPEARANCES ...................................................................................... 3 ARTICLE VII. WORK IN A HIGHER CLASS .............................................................................. 4 ARTICLE VIII. UNIFORM ALLOWANCE .................................................................................... 5 ARTICLE IX. TUITION REFUND PLAN .................................................................................... 5 ARTICLE X. LICENSES AND CERTIFICATIONS ................................................................... 5 ARTICLE XI. DEFERRED COMPENSATION............................................................................ 6 ARTICLE XII. SUPPORT SERVICES TRAINING OFFICER PAY ............................................ 6 ARTICLE XIII. HOLIDAY-IN-LIEU PAY ..................................................................................... 6 ARTICLE XIV. SAFETY SHOES .................................................................................................... 7 ARTICLE XV. PRESCRIPTION SAFETY GLASSES .................................................................. 7 ARTICLE XVI. BILINGUAL PAY .................................................................................................. 7 ARTICLE XVII. SHIFT DIFFERENTIAL ....................................................................................... 8 ARTICLE XVIII. SPECIAL EQUIPMENT OPERATORS PAY ....................................................... 8 ARTICLE XIX. PAID LUNCH BREAK .......................................................................................... 8 ARTICLE XX. SUPPORT DOG HANDLER ................................................................................. 8
CHAPTER 3. LEAVES ........................................................................................................................... 9 ART
ICLE I. VACATION ............................................................................................................ 9 ARTICLE II. PERSONAL LEAVE ............................................................................................ 10 ARTICLE IV. FAMILY ILLNESS .............................................................................................. 11 ARTICLE V. BEREAVEMENT LEAVE ................................................................................... 11 ARTICLE VI. IMMEDIATE FAMILY ....................................................................................... 11 ARTICLE VII. PARENTAL LEAVE............................................................................................ 12 ARTICLE VIII. HOLIDAYS .......................................................................................................... 12
CHAPTER 4. INSURANCES AND HEALTH CARE ....................................................................... 13 ARTICLE I. HEALTH CARE BENEFITS ............................................................................... 13 ARTICLE III. LONG TERM DISABILITY INSURANCE ........................................................ 14 ARTICLE IV. LONG TERM CARE INSURANCE .................................................................... 14
EXHIBIT A
320
CHAPTER 5. RETIREMENT .............................................................................................................. 14 ARTICLE I. PERS RETIREMENT PLAN ............................................................................... 14 ARTICLE II. RETIREE HEALTH BENEFIT ............................................................................ 15
CHAPTER 6. MISCELLANEOUS ....................................................................................................... 17 ARTICLE I. EMPLOYEE COMMITTEE ................................................................................ 17 ARTICLE II. DISCIPLINARY ACTION ................................................................................... 17
CHAPTER 7. AGENCY SECURITY .................................................................................................. 19 ARTICLE I. REPRESENTATION ............................................................................................ 19 ARTICLE II. MEETING FACILITIES ...................................................................................... 20 ARTICLE III. BULLETIN BOARDS .......................................................................................... 20 ARTICLE IV. CLASSIFICATION SPECIFICATIONS ............................................................. 20 ARTICLE V. NO DISCRIMINATION ...................................................................................... 20
EXHIBIT A
321
1 CHAPTER 1. ADMINISTRATION
ARTICLE I. PARTIES TO UNDERSTANDING
This Memorandum of Understanding is entered into by and between the CITY OF LIVERMORE, a municipal corporation hereinafter referred to as "CITY," and ASSOCIATION OF LIVERMORE EMPLOYEES, hereinafter referred to as “ ALE” pursuant to Government Code 3500, et seq. This Memorandum of Understanding applies to those classes of employment set forth in Appendix A attached hereto and made a part hereof.
ARTICLE II. RECOGNITION
ASSOCIATION OF LIVERMORE EMPLOYEES is the formally recognized employee organization for the clerical, technical, professional, and public service employees in the classifications listed in Appendix A. The City Manager or designated representative is the representative of the City of Livermore in employer-employee relations matters.
The City agrees to notify ALE each month of all new employees hired into positions represented by ALE.
The City shall provide each newly hired represented employee with a copy of the Memorandum of Understanding and the ALE dues form.
ARTICLE III. STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provision of Section 3500, et seq., of the Government Code of the State of California, and the City of Livermore City Council Resolution 977 in that the parties have met and conferred in good faith regardi ng wages, hours, and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
ARTICLE IV. CITY COUNCIL APPROVAL
This Memorandum of Understanding shall be presented to the Livermore City Council as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing October 1, 2025, and ending September 30, 2029, except as provided in Chapter 1, Article V.
ARTICLE V. TERMS OF UNDERSTANDING
It is mutually recommended that the modifications shown in this Memorandum of Understanding (hereinafter referred to as Understanding) be made applicable on the dates indicated and in conjunction with the existing unmodified rules, regulations, and ordinan ces of the City, shall constitute the wages, hours, and working conditions for those employees represented by Association of Livermore Employees for the period October 1, 2025 and ending September 30, 2029.
EXHIBIT A
322
2 CHAPTER 2. SALARIES AND OTHER COMPENSATION
ARTICLE I. SALARIES
Effective October 6, 2025, salaries shall be set according to the classifications and to the salary ranges assigned to each of the classifications listed in Appendix A, attached hereto, reflecting an increase of five percent (5%) . The City and ALE separately agree to market -based equity adjustments for certain classifications.
Salaries for the remaining contract years will be adjusted as follows:
10/5/2026 3%
10/4/2027 3%
10/2/2028 3%
In recognition of rising medical costs, the City will increase base monthly salaries cumulatively as follows:
Effective October 6, 2025 – 1%
Effective October 5, 2026 – 1%
ARTICLE II. OVERTIME COMPENSATION
Overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA). In addition, for those employees who are considered nonexempt for the purposes of the FLSA, overtime shall be paid for: (a) hours worked in excess of eight (8) hours in a regularly scheduled day or over such hours normally scheduled and worked in a day when assigned to a shift in excess of eight (8) hours; and (b) hours not regularly scheduled and worked in a day (such overtime shall be compensated at the rate of one and one- half (1½) times the employee's straight time rate of pay).
Sub-article (b) of this article shall not apply where an employee whose regular work schedule is less than eight (8) hours per day exceeds their regular daily work schedule as the result of their request for a temporary schedule adjustment, provided that overtime shall be paid to any such employee for time worked in excess of eight (8) hours in a day. An employee may make such a temporary adjustment in work schedule no more than once per pay period.
At the option of the employee, compensatory time off may be taken in lieu of overtime payment in accordance with the FLSA Section 7(o). Such time off shall be mutually agreeable to the employee and the supervisor taking into account (a) the normal schedule of work; (b) the anticipated peak hour workload based on past experience; (c) any emergency requirements for staff and services; (d) availability of qualified substitutes; and (e) whether scheduling the use of compensatory time off would require the payment of overtime to others. The fact that granting compensatory time off would require the payment of overtime to others shall not be the sole reason an employee is denied compensatory time off.
All accrued compensatory time off in excess of one hundred (100) hours must be liquidated by monetary payment.
EXHIBIT A
323
3 Mutual agreements to set aside this MOU, (non -FLSA) overtime may be made, in writing, between the employee and the employee’s department head or designee. Such mutual agreement may be made only in the following situations:
1. to accommodate an employee’s personal request for an alternate or flexible work schedule (such as a 9/80, 4/10, etc.); and/or
2. to accommodate an employee’s personal request to take time off during their normally scheduled work period (to include work periods normally scheduled for less than (8) eight hours, normally scheduled for (8) eight hours, and normally scheduled for more than (8) eight hours as part of an alternate or flexible work schedule) and to make up the time in the same FLSA work period.
ARTICLE III. CALL BACK PAY
When an employee, who is considered nonexempt for the purposes of the Fair Labor Standards Act (FLSA), has completed their normal shift for the day, is on a regular day off, or is on paid leave, and is called back to work, the employee shall, upon reporting, receive a minimum of three (3) hours work at the overtime rate (time and one -half), or if three (3) hours of work is not furnished, a minimum of three (3) hours of pay at the overtime rate. This provision does not apply to instances in which the employee is called to report before their regular starting time, and is furnished work until the end of their normal shift.
ARTICLE IV. STANDBY PAY
A Fair Labor Standards Act (FLSA) non -exempt employee who is assigned in writing to be on standby shall receive two (2) hours of pay at the employee's regular straight -time rate of pay on their regularly scheduled workday and three hours (3) of pay at the employee’s regular straight-time rate of pay on their regularly scheduled days off and fixed City holidays.
Employees assigned to a standby period must report to work within one (1) hour of being called back to work. Employees called back to work shall be paid as designated in Article III, Call Back Pay.
ARTICLE V. TELEPHONE PAY
When an employee who is considered non- exempt for the purposes of the Fair Labor Standards Act (FLSA) has completed his or her normal shift for the day, is on a regular day(s) off, or on paid leave and is called by the employee's supervisor, department head or designee, such employee shall receive compensation as follows: An employee who is contacted outside his or her normal work hours to conduct City business will be paid twenty (20) minutes or for each minute exceeding 20 minutes at the overtime rate (time and one-half). More than one telephone call may be taken within the twenty (20) minute period without incurring additional compensation. If the employee is recalled after the initial twenty (20) minute period a new twenty (20) minute minimum will begin.
This provision does not apply to calls involving staffing availability, shift assignments, or shift coverage.
ARTICLE VI. COURT APPEARANCES
In Person Appearances
An employee who is required to appear in person at court in connection with the employee's usual official duties, or in connection with a case in which the City is a party , during off- duty time, shall receive a minimum of three (3) hours of pay at the overtime rate.
EXHIBIT A
324
4 Employees required to appear in court on their normal day off or who are assigned to work a graveyard shift, shall receive a minimum of four (4) hours of pay at the overtime rate.
In the event the court appearance exceeds the minimum time provisions above, the employee shall be paid for all time worked at the overtime rate.
Remote Appearances
When a court appearance is for telephone, video, other remote testimony, or placed on standby by the District Attorney’s Office, the employee shall receive a minimum of two (2) hours at the overtime rate. In the event the court appearance exceeds the minimum time provision above, the employee shall be paid for all time worked at the overtime rate.
Court Cancellation
In the event an employee is required to appear in court in person or remotely pursuant to a subpoena and such appearance is cancelled within twenty -four (24) hours prior to the scheduled appearance, such employee shall receive (a) two (2) hours paid at the overtime rate for in person testimony and (b) one (1) hour paid at the overtime rate for remote appearances. In order to receive such compensation, the employee shall make a reasonable effort to determine if such court appearance has been cancelled more than twenty- four (24) hours prior to the scheduled appearance.
ARTICLE VII. WORK IN A HIGHER CLASS
When an employee has been assigned in writing by their department head to perform substantially the duties of a higher paid classification, and if the employee has worked in such classification for a minimum of three (3) consecutive workdays, the employee shall receive a minimum of five percent (5%) above their regular rate of pay or the minimum of the higher classification, whichever is greater, beginning from the first completed workday, provided that these duties are clearly not included in the job description of the employee's regular classification. In no event shall the employee receive a rate in excess of Step E or top of the range of the higher paid classification.
When an employee has been assigned in writing by their depar tment head to perform substantially the duties of a higher paid classification in a different bargaining unit due to a vacancy or coverage for an extended leave of absence and the assignment is expected to exceed 30 calendar days, the employee shall receive a minimum of seven and one-half percent (7.5%) above their regular rate of pay or the minimum of the higher classification, whichever is greater, beginning from the first completed workday, provided that these duties are clearly not included in the job description of the employee’s regular classification. In no event shall the employee receive a rate in excess of Step E or top of the range of the higher paid classification.
An employee who otherwise would receive higher pay under this provision shall not be denied such pay based on lack of a written assignment if their department head requested performance of the duties of the higher paid classification and knew that the employee performed the requested duties. If an employee requests in good faith not to be assigned to perform the duties of a higher paid classification, the City shall consider the request before the duties are assigned to the employee.
An employee assigned to work in any higher classification including a higher classification that is outside the ALE bargaining unit, will receive callout, telephone, and standby pay, when provided in the ALE MOU, to be calculated at the wage rates set forth in this Article.
EXHIBIT A
325
5 ARTICLE VIII. UNIFORM ALLOWANCE
The Uniform Allowance for regular full-time employees shall be Eight Hundred Fifty Dollars ($850) for Public Safety Dispatchers, Senior Public Safety Dispatchers, Supervising Public Safety Dispatchers, Police Clerks, Senior Police Clerks, Supervising Police Clerks, Animal Control Officers, Police Identification Technician, Supervising Property and Evidence Specialist, Community Service Specialists, Crime and Intelligence Analysts, Supervising Crime and Intelligence Analysts, Crime Prevention Specialist, and Crisis Intervention Specialist.
The Uniform Allowance shall be paid in equal amounts each pay period as earned.
Employees shall be given a three (3) month noticing period for uniform modifications.
Those employees who, as an existing practice, are provided uniforms from their department shall continue to receive such uniforms during the term of the agreement.
ARTICLE IX. TUITION REFUND PLAN
The Tuition Refund Plan established by the City July 1, 1971 was made available to employees of the ALE Representation Unit in lieu of previously discussed education incentive pay plan. An eligible employee may be reimbursed for seventy- five percent (75%) of the cost of tuition and books for educational courses related to the employee's work assignment which are attended during off-duty hours.
In order to be eligible for tuition reimbursement, the employee must comply with the provisions outlined in Administrative Regulation No. 14 on Tuition Reimbursement.
ARTICLE X. LICENSES AND CERTIFICATIONS
The City will reimburse employees for the cost of state or other licensing or certification when such licensing or certification is verified by the department head to be a requirement for the job. If an employee fails a test required to gain certification , the City will not pay for costs associated specifically with the retesting portion of the certification fee.
Regulations and procedures covering course work for certifications are covered in the City of Livermore Personnel Rules and Regulations, Administrative Regulation 14, "Tuition Reimbursement" and Chapter 2, Article IX, Tuition Refund Plan of the MOU, except as follows. Reimbursement for course work required to maintain a required license or certification will be made at the rate of 100% upon verification by the department head that the course work is required to maintain certification.
Reimbursements will be effective for eligible employees employed by the City of Livermore for classes taken after April 30, 1995.
Commercial Drivers’ License Pay
An employee working in a classification listed below, who holds a valid California Commercial Drivers’ License (CDL), and who is required to maintain the CDL license, shall receive Thirty Five Dollars ($35.00) per pay period. Such pay shall be in addition to payment made by the City for the cost of obtaining the license as provided above.
The classifications are:; Electrician; Groundskeeper I, II, III & Supervising; Maintenance Trainee and Maintenance Worker I, II, & III; Mechanic; Senior Mechanic; Wastewater Collections Systems Trainee and Wastewater Collections Systems Worker I, II, & III; Water Distribution Operator Trainee, I, II, & III;
EXHIBIT A
326
6 Water Resources Coordinator; Water Resources Instrument Control Technician; Water Resources Mechanic I & II; and any other classification determined by the City to require a CDL.
Public Works Maintenance Division employees in positions with job classification s that do not require a commercial driver’s license and who participate in the voluntary maintenance division standby program and maintain a commercial driver’s license, and who may provide services associated with commercial driving to the City as part of the standby program, are to receive commercial driver’s license (CDL) pay at $35.00 per pay period in accordance with pay received by other City commercial drivers.
An employee whose license is suspended or revoked shall promptly notify their supervisor; in such an event, the above payment shall terminate effective the first day of the pay period after suspension or revocation. Payment shall be reinstated when the em ployee presents a valid California Commercial Drivers’ License.
An employee in violation of Administrative Regulation #18 (Policy on Drug and Alcohol Pursuant to the Department of Transportation Regulations) and who is prohibited from performing safety- sensitive functions shall not receive payment for their CDL for the period of time they are unable to perform driving functions.
ARTICLE XI. DEFERRED COMPENSATION
Eligible employees shall be able to participate in the deferred compensation program that the City may establish, administer, revise, sponsor, or make available to eligible employees.
The City shall contribute seventy -five dollars ($75.00) per pay period to an employee’s deferred compensation account, provided the employee contributes seventy-five dollars ($75.00) per pay period.
In addition, effective the first full pay period in October 2025, the City’s matching contribution shall be as follows:
• The City shall contribute twenty -five dollars ($25.00) per pay period provided the employee contributes twenty-five dollars ($25.00) per pay period. • The City shall contribute fifty dollars ($50.00) per pay period provided the employee contributes fifty dollars ($50.00) per pay period.
The contribution and matching amounts will be pro-rated for part-time employees.
ALE will have at least one representative and one alternate on the Deferred Compensation Committee established by the City.
ARTICLE XII. SUPPORT SERVICES TRAINING OFFICER PAY
Employees who are assigned by the Police Chief or designee as a Support Services Training Officer shall be paid Ninety Dollars ($90.00) per pay period for each full pay period they remain so assigned.
ARTICLE XIII. HOLIDAY-IN-LIEU PAY
In lieu of all holidays authorized or observed by the City, Public Safety Dispatchers, Senior Public Safety Dispatchers, Supervising Public Safety Dispatchers, Community Service Specialists ( assigned to the Patrol Division ), Crisis Intervention Specialist, Water Resource Operators- Trainee, Water Resources Operators – Grade I, Water Resources Operators – Grade II, Water Resources Operators – Grade III, Senior Water Resources Operators, and Water Resources Supervising Operator shall receive holiday-in-
EXHIBIT A
327
7 lieu pay. Holiday-in-lieu pay shall be paid each pay period. The amount of such pay shall be seven and one half percent (7.5%) of the employee’s base hourly rate of pay in effect during the pay period.
ARTICLE XIV. SAFETY SHOES
Public Works Department employees that are required to wear safety shoes or boots, and employees in the Engineering Technician, Neighborhood Preservation Officer , and Building Inspector series who perform field work, shall be eligible for an annual Safety Shoe reimbursement. An employee may be reimbursed up to Two Hundred and Twenty-Five Dollars ($225.00) per calendar year for the purchase of safety shoes.
The type of safety footwear will be determined within the safety standards established by the employee's department head or designee.
An employee, upon advance request to the supervisor, may be exempt from wearing such safety shoes.
Any such exemption must be authorized by a supervisory representative of the employee's department, be based on the written advice of a medical doctor, or such other reason(s) as may be determined by the City, and not exceed a total of twenty (20) working days in any period of twelve (12) consecutive months.
ARTICLE XV. PRESCRIPTION SAFETY GLASSES
In accordance with the California Code of Administrative Regulation, subchapter 7, Group 2, Article 10, section 3382 (eye and face protection), employees working in locations where there is a risk of receiving eye injuries such as punctures, abrasions, contusions, or burns as a result of contact with flying particles, hazardous substances, projections , or injurious light rays (such as in a welding operation) which are inherent in the work environment, shall be eligible for reimbursement for safety prescription glasses in the amounts and frequency stated below.
An employee may be reimbursed up to One Hundred and Fifty Dollars ($150.00) per calendar year for the purchase of safety prescription glasses. Such safety glasses must meet the requirements set forth in the American National Standard, Practice for Occupational and Educational Eye and Face Protection, Z87.1- 1989, and any other regulations that may be established regarding safety prescription glasses.
The decision of the Administrative Services Director in determining eligibility for prescription safety glasses shall be final and not subject to grievance or appeal.
ARTICLE XVI. BILINGUAL PAY
Employees identified by the department head and approved by the Administrative Services Director, who utilize one of the languages in the paragraph below while performing their assigned duties and are certified as competent at the conversational level shall receive Sixty Dollars ($60.00) per pay period starting with the first pay period after being certified for as long as they remain certified.
Employees identified by the department head and approved by the Administrative Services Director, who utilize one of the languages in the paragraph below while performing their assigned duties and are certified as competent at the conversational and written level, shall receive Seventy-Five Dollars ($75.00) per pay period starting with the first pay period after being certified for as long as they remain certified.
Bilingual pay shall apply to the following languages : Spanish, Vietnamese, Arabic, Farsi, Mandarin, Cantonese, Cambodian, Sign Language and other languages as determined by the Administrative Services Director.
EXHIBIT A
328
8 Employees receiving bilingual pay are subject to periodic re-certification as a condition of receiving such payments.
ARTICLE XVII. SHIFT DIFFERENTIAL
Employees assigned to city facilities operating on a twenty -four hour, seven day a week schedule shall receive a shift differential of Two Dollars and Fifty Cents ($2.50) per hour for all hours worked on the shift for employees whose regular schedule requires that the employee work at least 4 hours between the hours of 4:00 p.m. and 6:00 a.m.
ARTICLE XVIII. SPECIAL EQUIPMENT OPERATORS PAY
Public Works Department employees assigned to operate a water tank truck, a street sweeper, a motor patrol grader, an aerial lift truck, a crane truck, a front end loader, a tractor, an asphalt grinder, a yard goat, a skid steer, a fork lift, a leaf loader, a back hoe, or a vehicle or combination of vehicles requiring a Commercial Driver’s License in the performance of their job duties will receive Twelve Dollars ($12.00) per day. Such pay shall be in addition to all other compensation and it will be paid provided that the employee is assigned to such equipment fifty percent (50%) or more of the employee’s workday and does actually operate such equipment.
ARTICLE XIX. PAID LUNCH BREAK
Employees in the following classifications shall receive a 30 minute paid lunch break while working a regularly scheduled shift: Animal Control Officer, Community Service Specialist, Public Safety Dispatcher, Senior Public Safety Dispatcher, Supervising Public Safety Dispatcher, Senior Police Clerk, Supervising Police Clerk, Property and Evidence Specialist, Supervising Property and Evidence Specialist, Crisis Intervention Specialist, Supervising Crime and Intelligence Analyst, WR Operator – Trainee, WR Operator – Grade I, WR Operator – Grade II, WR Operator – Grade III, WR Senior Operator, and WR Supervising Operator.
It is understood that such designated employees shall be required to remain on duty for the full number of hours of the work shift, including meal periods, if necessary, to respond to public service requirements.
Meal periods for employees in the classifications designated above shall be considered as included within the hours of the scheduled work shift. As staffing levels permit, employees may leave their workstation while remaining on their facility or campus premises on a paid lunch break. Employees must immediately return to their workstation when called.
ARTICLE XX. SUPPORT DOG HANDLER
The Support Dog Handler is a voluntary and collateral assignment for a full -time non -managerial professional employee of the police department. The selection criteria for and roles and responsibilities of a Support Dog Handler, including, but not limited to caring for the health and welfare of the Support Dog, training, and required Support Dog activities and deployments, are covered under the Livermore Police Department Policy Manual Policy No. 1057. The Chief of Police will have the sole authority to cont inue or terminate the Support Dog program based on the Department’s needs.
Employees assigned as a Support Dog Handler shall be compensated for routine time spent in the care, feeding, grooming, and other needs of the dog at the rate of Four Hundred Dollars ($400.00) per month.
The Support Dog Handler is entitled to overtime compensation as set forth in this Memorandum of Understanding (MOU) when engaged in Support Dog activities outside the Support Dog Handler’s regularly scheduled shift beyond the normal care, feeding, and grooming needs of the dog, or when the
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9 performance of Support Dog activities requires the Support Dog Handler to perform their regular job duties outside the regularly scheduled shift. Examples of these activities include community events, court appearances, or to provide comfort to a crime victim.
CHAPTER 3. LEAVES
ARTICLE I. VACATION
Eligible full-time employees shall accrue vacation as follows. Eligible part -time employees shall accrue a pro-rata amount based on their status as a three-quarter or half time budget allocation:
Years of Service Accrual Rate Per Pay Period
First year* 3.10 hours
Second through fifth 4.62 hours
Sixth through tenth 5.23 hours
Eleventh through fifteenth 6.19 hours
Sixteenth through nineteenth 6.93 hours
Twentieth or more 7.40 hours
*Probationary employees must satisfactorily complete their probationary period before being advanced to the second year accrual rate. An employee whose position requires a probationary period that exceeds twelve months shall be advanced to the second year rate upon completion of one year of service.
Vacation Accumulation
Employees may accumulate up to t hree hundred forty (340 ) hours of vacation. Accrual will terminate after employee accumulates the 340 maximum vacation hours.
Vacation Selection
During the term of this Memorandum of Understanding, the City shall meet and confer with ALE over any proposed change to the methodology by which ALE represented employees in 24/7 departments schedule vacations, including but not limited to any proposed change to the length of vacation allowed.
Vacation Cash Out
An employee may receive a cash payment for unused vacation hours provided the employee has used a minimum of forty (40) hours vacation leave during the twelve months preceding the cash out date, retains a minimum balance of forty (40) hours of vacation, and cashes out a minimum of forty (40) hours.
Payments shall be made in June and December of each year. This paragraph shall sunset on December 31, 2021.
Effective January 1, 2022, all employees will be eligible to cash out up to eighty -five (85) hours of vacation semi-annually during the months of June and December each year. Employees must retain a minimum balance of forty (40) hours of vacation at the time of each cash out.
During the month of December each year, employees must make an irrevocable election to cash out vacation in the following calendar year. Failure to submit an irrevocable election form shall be the same as electing not to cash out vacation leave during the following calendar year.
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10 The employee will be responsible to make sure they have used the required number of hours and that the elected vacation hours to be cashed out are available at the time of each cash out. If an employee has not met the leave usage requirement or does not have enough vacation hours, the employee will not be eligible for vacation cash out during the year. The requirement to use vacation will sunset on December 31, 2021.
For vacation requested before the vacation cash out election date that was subsequently cancelled by the department after the vacation cash out election date, an employee may make a request to the City Manager to transfer the vacation hours they would have used to their vacation bank if their vacation balance is above 240 hours.
The City Manager may suspend the payout provision if they determine that a demonstrated fiscal crisis exists.
The City shall meet with ALE and explain, prior to suspension of the payout provision, if the City Manager intends to determine that a demonstrated fiscal crisis exists. This meeting shall not constitute formal meet and confer and impasse procedures do not apply.
ARTICLE II. PERSONAL LEAVE
Personal leave for eligible employees shall be credited and taken in accordance with the Personal Leave Policy governing personal leave days. Each payroll year eligible employees will be credited with personal leave as follows:
Sixteen (16) hours with an increase of eight (8) hours for each five (5) years of service to a maximum of 40 hours for each eligible employee whose position is budgeted for forty (40) hours per week.
Twelve (12) hours with an increase of six (6) hours for each five (5) years of service to a maximum of 30 hours for each eligible employee whose position is budgeted for thirty (30) hours but less than forty (40) hours per week.
Eight (8) hours with an increase of (4) hours for each five (5) years of service to a maximum of 20 hours for each eligible employee whose position is budgeted for twenty (20) hours but less than thirty (30) hours per week.
For employees hired after June 26, 2017, Personal leave shall be credited and taken in accordance with the Personal Leave Policy governing personal leave days. Each payroll year eligible employees will be credited with personal leave as follows:
Sixteen (16) hours for each eligible employee whose position is budgeted for forty (40) hours per week.
Twelve (12) hours for each eligible employee whose position is budgeted for thirty (30) hours but less than forty (40) hours per week.
Eight (8) hours for each eligible employee whose position is budgeted for twenty (20) hours but less than thirty (30) hours per week.
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11 Employees not in a paid status at the beginning of the payroll year will not be credited with personal leave until their return to work.
ARTICLE III. SICK LEAVE
Sick leave accrual and usage shall be established by the City Personnel Rules and Regulations and as modified by the Master Memorandum of Understanding between ALE and the City.
ARTICLE IV. FAMILY ILLNESS
An employee may use sick leave for absences caused by the illness or injury of a member of the employee’s immediate family (as defined below under Article VI Immediate Family) which requires the presence of the employee. For the purpose of this section, an employee may use up to one -half of their annual sick leave accrual.
ARTICLE V. B EREAVEMENT LEAVE
In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted time off, with pay, the equivalent of three (3) regularly scheduled workdays. The immediate family shall be defined as any of the following of the employee, the employee’s spouse, or the employee’s domestic partner:
• Spouse or registered domestic partner
• Child(ren)
• Parents
• Siblings
• Grandparents
• Grandchildren
• A relative residing in the employee’s household or dependent on the employee for full support.
In the event of the death of an employee’s non- immediate family, an employee may use up to the equivalent of three (3) regularly scheduled workdays of accumulated sick leave. The non- immediate family shall be defined as any of the following of the employee, the employee’s spouse, or the employee’s domestic partner:
• Aunt or Uncle
Employees may supplement the paid bereavement leave above with accrued leave (including vacation, personal leave, compensatory time, or sick leave) to reach a total of five (5) workdays of time off per incident of bereavement. The days of leave need not be consecutive. Employees may schedule additional time off, as needed, using accrued vacation, personal leave, or compensatory time off with the approval of their supervisor.
ARTICLE VI. IMMEDIATE FAMILY
The immediate family is defined as the employee’s spouse, parents of employee or spouse, or registered domestic partner, children, step-children who reside in the employee’s household, brothers of employee or spouse, sisters of employee or spouse, grandparents of employee or spouse, grandchildren of employee or spouse, foster parent, foster child or relative living within the employee’s household and registered domestic partner. An employee may register a domestic partner by meeting the requirements set forth in
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12 the City of Livermore Declaration of Domestic Partnership form. The form will be filed with Human Resources and kept in the employee’s confidential medical file in Human Resources.
ARTICLE VII. PARENTAL LEAVE
Any employee who becomes a parent by adoption or foster care placement of a child or any employee who becomes a parent due to the birth of a child will be entitled to the use of up to one -half their annual sick leave accrual. Such leave will be in addition to and may be combined with that allowed under the City’s Personnel Rules and Regulations, Chapter 11, Section 11.04, Sub-section C.
ARTICLE VIII. HOLIDAYS
Eligible employees shall be entitled to take all authorized holidays off with pay. If a holiday falls on an employee’s scheduled day off, the employee shall receive an in-lieu day off, not to exceed eight (8) hours pay, in the same pay period or the next pay period.. Part -time employees will be compensated the appropriate pro-rata amount based on eight (8) hours as full time.
When an employee is scheduled to and does work on a day observed as a holiday, the employee shall receive one and one half (1½) times pay for all hours worked, in addition to the pay for the holiday.
Part-time employees who are regularly scheduled to work eight (8) hours or more and are entitled to take an authorized holiday off, may elect to take time off without pay in lieu of using vacation or compensatory time in order to supplement the hours required for that regularly scheduled work day. The intent of this exception is to allow the employee to minimize the use of vacation or compensatory time when accounting for hours on holidays. Should an employee elect to take time off without pay under this section, the employee will continue to receive all other benefits and compensation at their normal rates without interruption.
In order to be eligible for holiday time off or pay in lieu thereof, the employee must be in an approved pay status on both their scheduled workday immediately preceding and their scheduled workday immediately following the holiday.
The authorized holidays are:
(1) New Year's Day
(2) Martin Luther King, Jr. Day (third Monday of January) (3) President's Day (third Monday of February)
(4) Memorial Day (last Monday of May)
(5) Independence Day
(6) Labor Day (first Monday of September)
(7) Veteran's Day
(8) Thanksgiving Day
(9) Day after Thanksgiving Day
(10) December Twenty-fourth (24th)
(11) December Twenty-fifth (25th)
(12) December Thirty-first (31st)
When a holiday listed above falls on a Saturday, the preceding Friday shall be considered the holiday, and when a holiday listed above falls on a Sunday, the following Monday shall be considered the holiday.
Exception:
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13 When December 25 and January 1 fall on Saturday, Sunday or Monday, the December 24, 25, 31 and January 1 holidays shall be observed as follows:
When December 25 and January 1 fall on Saturday, the preceding Thursday and Friday shall be considered holidays.
When December 25 and January 1 fall on Sunday, the preceding Friday and the following Monday shall be considered holidays.
When December 25 and January 1 fall on Monday, that Monday and the preceding Friday shall be considered holidays.
ARTICLE IX. DONATION OF LEAVE TIME TO OTHER EMPLOYEES
This is a system whereby a member covered by this agreement may donate accumulated time off from compensatory time or vacation accruals to another member. The City shall limit such donations to situations where the reason of the donation of leave time is necessitated by the illness or injury of the recipient and who is threatened with loss of earnings due to the exhaustion of the recipients leave benefits.
All such donations shall only be used in those situations where the recipient member is expected to return to full duty. This agreement shall not prevent members from donating such time to City employees not covered by this agreement.
CHAPTER 4. INSURANCES AND HEALTH CARE
ARTICLE I. HEALTH CARE BENEFITS
The City will provide a monthly contribution of One Thousand Nine Hundred and Fifty Dollars ($1,950.00) from which an employee may pay medical, dental, and/or vision premiums. Any unused portion of the employee’s benefit amount will be added as taxable income to the employee’s earnings.
Contribution amounts are prorated for employees who work part-time.
Effective December 1, 2025, the C ity will pay up to One Hundred Dollars ($100.00) per month towards the premiums for the dental and vision plans selected by employees who are currently enrolled in a City medical plan. This contribution will be prorated for employees who work part-time.
If an employee requests to cancel/waive the City medical insurance coverage, the employee must present proof of medical insurance coverage through another group provider. The employee will be required to certify their coverage on an annual basis during the open enrollment period to continue receiving the benefit. An employee who has cancelled or waived insurance provided by the City and experiences a qualifying event, such as the loss of medical coverage through another provider, may be eligible to enroll in the City’s insurance program as long as they meet the enrollment requirements.
The City will meet with ALE representatives to discuss health insurance issues at least twice per year.
Whenever possible, no less than thirty days before the scheduled open enrollment period, the City will provide written notice to ALE of any proposed changes to premiums, plan design, insurance carriers or other changes to the City’s medical, dental, and other insurance benefits and/or carriers available to
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14 members. At ALE’s request, the City will meet and discuss with ALE representatives any proposed changes to health, medical, dental, and other insurance programs including carriers or insurance broker(s), offered by the City to its members.
ARTICLE II. LIFE INSURANCE
Effective no later than 60 (sixty) days following adoption by the City Council, each eligible employee shall receive Sixty Thousand Dollars ($60,000) of basic life insurance coverage paid for by the City under the provisions of the Life Insurance Program as established, administered, revised, sponsored, and made available to all eligible employees by the City.
Eligible enrolled employees may purchase supplemental life insurance starting at $30,000 of coverage in increments of $10,000 to the lesser of $300,000 or five (5) times the employees base salary, pursuant to California law.
ARTICLE III. LONG TERM DISABILITY INSURANCE
The City will select, administer, revise, and sponsor a Long Term Disability Insurance program with a maximum monthly benefit of $5,000 per month and make the program or plan available to all eligible employees. Effective sixty days following adoption by the City Council, the City shall contribute an amount not to exceed Forty- Two Dollars and Fifty Cents ($42.50) per month per individual employee toward the monthly premium cost of enrolled employees, and in no event shall the City be obligated to contribute an amount in excess of the actual cost, if lesser, for an individual employee. If, during this contract period, the LTD premium exceeds $42.50 per month, the City will meet and confer with ALE to discuss how to address the increase.
ARTICLE IV. LONG TERM CARE INSURANCE
Effective January 1, 2008, the City will select, administer, revise and sponsor a voluntary long term care insurance program and make the plan available to eligible employees. The employee shall pay any and all required premiums for this plan. This program may be terminated at any time in the event that the plan fails to meet the minimum enrollment requirement established by the insurance carrier. The insurance carrier’s rules regarding eligibility shall be applicable.
CHAPTER 5. RETIREMENT
ARTICLE I. PERS RETIREMENT PLAN
The City of Livermore contracted with the California State Employees’ Retirement System for an employee’s retirement plan effective January 1, 1952. The retirement plan is now titled California Public Employees’ Retirement System (PERS), local miscellaneo us member category. Said plan was first amended effective November 1, 1959, and subsequently further amended as follows:
AMENDMENT EFFECTIVE DATE SUPERSEDED
Three Year Final Compensation July 1, 1967 June 18, 1990 1959 Survivor Benefits July 1, 1967 June 18, 1990
Credit for Unused Sick Leave November 22, 1978
Third Level 1959 Survivor Benefits June 18, 1990 March 25, 1999 One Year Final Compensation June 18, 1990
2% @ 55 Full Formula June 26, 1995 October 3, 2003
Employer Paid Member Contribution (EPMC) June 24, 1996 April 8, 2013
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15 Fourth Level Survivor Benefit March 25, 1999
Death Benefit/Remarriage March 25, 1999
Military Service Credit October 3, 2003
2.7% @ 55 Full Formula October 3, 2003
2% @ 60 Full Formula December 30, 2012
2% @ 62 Full Formula January 1, 2013
Effective December 30, 2012, newly hired classic miscellaneous CalPERS members, as defined under the Public Employees’ Pension Reform Act (PEPRA), are covered by the 2%@60 retirement formula with the Three Year Final Compensation provision. Such newly hired employees under this second tier will be responsible for the entire 7% (seven percent) employee paid member contribution.
As a result of the passage and enactment of PEPRA effective in January 2013, employees covered under this Memorandum and determined to be new members to CalPERS, shall make retirement contributions consistent with the provisions of PEPRA. Such provisions include a mandatory member retirement contribution of 50% of the total normal cost for the plan with a retirement formula of 2%@62 and the highest average annual compensation earned during three (3) consecutive years of CalPERS service.
ARTICLE II. RETIREE HEALTH BENEFIT
Eligibility Criteria
The following eligibility criteria will apply to ALE employees who retire on or after October 3, 2003. It shall not apply to any former employees who retired prior to October 3, 2003.
1. The employee must have retired within 120 days of their last day of employment with the City of Livermore, except in a case of spouses who both work for the City (see “Married Employees”) and
2. The employee must have obtained a minimum of ten (10) years of service credit working for a CalPERS covered employer, which includes a minimum of five (5) years of full-time employment or equivalent with the City of Livermore. The total years of service working for a CalPERS covered employer will be validated by CalPERS and/or the employee’s former employers at the time of retirement.
Married Employees
If both spouses are employees of the City of Livermore, both must be retired before they become eligible for the retiree health benefit. The above described eligibility requirement of retirement within one hundred and twenty (120) days of employment with the City is applicable to only the second spouse to retire.
When both are retired, each will be eligible for the benefit amount. If the retirees divorce, each will continue to receive the health benefit.
Reimbursement Amount
The percentage used to calculate the reimbursement amount will be based on the percentage schedule listed below and the active Kaiser Plan A 2 -Party Health Plan premium rate for an employee and one dependent. If the City institutes the CalPERS medical plan, the CalPERS Kaiser (CA) Bay Area Region premium rate for an employee and one dependent would replace the active Kaiser Plan A 2- Party rate.
The retiree health benefit will reimburse the cost of medical insurance; this does not include premium costs for dental, vision, or other similar forms of health services.
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16 CalPERS Years of Service City’s Contribution 10 70% (effective 1/1/06)
15 80% (effective 1/1/06)
20 90% (effective 1/1/06)
25+ 100%
The reimbursement amount will be for the actual cost of the monthly premium for medical insurance for the retiree and one dependent. The reimbursement amount shall not exceed the maximum amount that the retiree qualifies for based on the active Kaiser Plan A 2-Party premium rate for the employee plus one dependent and his or her years of service.
Effective for employees retiring after December 31, 2005 and before ratification of this Memorandum, the benefit amount for retiree health insurance shall not exceed the Kaiser Plan A 2- Party premium rate for an active employee and one dependent or One Thousand Six Hundred Seventy Three Dollars ($1,673.00) per month minus the dental premium for an active employee and one dependent enrolled in the base dental plan, whichever is less. The City will adjust the benefit amount of $1,673 in January of each year by an amount equal to the increase, if any, in the Health Net PPO Family premium rate. The twelve month cost of such an increase shall not exceed one percent (1%) of the annual base salary budgeted amount for all ALE positions.
Effective for employees retiring after ratification of this Memorandum and before January 1, 2017, the benefit amount for retiree health insurance shall not exceed the Kaiser Plan A 2 -Party premium rate for an active employee and one dependent or One Thous and Five Hundred Eighty One Dollars ($1,581.00) per month, whichever is less. The City will adjust the benefit amount of $1,581 in January of each year by an amount equal to the increase, if any, in the Health Net PPO Family premium rate. The twelve month cost of such an increase shall not exceed one percent (1%) of the annual base salary budgeted amount for all ALE positions.
Effective for employees retiring on or after January 1, 2017 and before October 1, 2025, the benefit amount for retiree health insurance shall be $1,950 per month or the monthly health benefit contribution for active employees provided pursuant to Chapter 4, Article I, whichever is greater.
Effective for employees retiring on or after October 1, 2025, the benefit amount for retiree health insurance shall be $1,950 per month.
Upon the retiree’s eligibility for Medicare, the City will reimburse an amount including the cost of Medicare Parts A and B, if the employee is required to obtain such parts to secure medical coverage. The total amount of the reimbursement will not exceed the maximum amount for which the retiree qualifies.
A surviving spouse of a deceased retiree will be eligible to receive reimbursement in an amount equal to 50% of the reimbursement amount in effect at the time of death of the retiree. The surviving spouse must have been married to the retiree at the time of retirement. Eligibility for this benefit will cease upon remarriage or death of the spouse.
Administration
The City Manager will determine what form of evidence and frequency of its submission to the City is necessary for verification of retiree medical insurance coverage. Additionally, the City Manager will be
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17 responsible for establishing all procedures and policies necessary for administering the program in an orderly and equitable manner.
Retirement Health Savings Account
Employees hired on or after April 1, 2007 shall not be eligible for the above Retiree Health Benefit set forth in Article II. An employee shall receive a retirement health savings account with a City contribution of four percent (4%) of the employee’s base salary.
CHAPTER 6. MISCELLANEOUS
ARTICLE I. EMPLOYEE COMMITTEE
The City recognizes the establishment of an Employee's Committee to be comprised of seven (7 ) representatives from all classifications represented by ALE within the Police Department. No more than two (2) employees from the same classification will be allowed to serve on the committee at the same time. The representative(s) should be rotated, if possible, on a calendar year basis.
The committee shall be given the opportunity to meet no more than once each month with the Chief of Police to discuss departmental issues affecting the employees in the above listed classifications. The committee shall request the meeting at least one week in advance of the meeting and the request will be accompanied by an agenda listing and explaining the specific issue(s) to be discussed. No meeting will take place if no agenda, with at least one item for discussion, is presented with the meeting reques t. The Police Department agrees to release, with pay, all (7) of the committee members from work, if on duty, for a period not to exceed one and one-half (1½) hours for attendance at the scheduled meeting. The Chief of Police and the committee may mutually agree to discontinue this committee at such time as each agrees it is no longer necessary to meet and they may, upon mutual agreement, reconvene the committee.
In furtherance, to increase the communication within the Police Department, ALE shall notify the Chief of Police, at the beginning of each calendar year, of the name of its Police Department member who is designated to receive all proposed changes to the Police Department General Orders and Division Orders.
This member will also attend department monthly staff meetings on behalf of ALE, with pay.
ARTICLE II. DISCIPLINARY ACTION
Section A
Disciplinary action shall be in accordance with Chapter 13 of the City’s Personnel Rules and Regulations except as amended herein.
Section B
Disciplinary action in the form of suspension of more than five (5) days, a reduction in pay equal to more than a five (5) day suspension, a demotion, or termination of employment may be submitted for arbitration by ALE. Disciplinary actions submitted for arbitration under this provision shall be in lieu of an appeal to the City Manager pursuant to Personnel Rule 13.
Should the parties fail to agree on a neutral arbitrator, they shall request a list of seven (7) qualified arbitrators from the State of California Mediation and Conciliation Service. The parties shall alternately strike names from the list until one name remains. The party to strike the first name shall be determined by a coin toss.
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18 The selected arbitrator shall conduct a hearing, make record of the hearing, and issue a final and binding decision which may be to uphold, modify or rescind the disciplinary action.
The cost of the arbitrator and all incidental costs (such as court reporter fees, transcription fees, etc.) shall be shared equally between the City and ALE.
Section C
A request to arbitrate a disciplinary action pursuant to Section B above shall be made in writing by ALE to the Administrative Services Director within ten (10) calendar days of the date of ALE’s receipt of the “notice of discipline.”
Section D
The individual issuing a “notice of intended discipline” requiring a “Skelly Meeting” (disciplinary actions of a suspension of more than five (5) days or reductions in pay equal to more than a five (5) day suspension, demotion or termination) shall not be appointed the “Skelly” meeting officer.
Section E
ALE shall be provided with a copy of the “notice of discipline” for a disciplinary action subject to arbitration as set forth in Section B above, and for a disciplinary action that may be appealed to the City Manager as set forth in Personnel Rule 13.03
ARTICLE III. EMPLOYEE PERFORMANCE EVALUATIONS
Annual step salary increases shall not be denied or delayed due to lack of a performance evaluation.
Performance of duties in a higher paid classification shall not adversely affect an employee’s performance evaluation.
ARTICLE IV. WORK SCHEDULES
Employees in the Dispatch Unit, Community Service Specialists, and Animal Control Officers who work a 4/11 shift schedule have a regular work schedule that shall consist of an average of 2,080 hours per year.
The 4/11 shift schedule requires that employees work an additional seventy- two (72) hours per year to meet the 2,080 hours worked per year requirement.
In order to meet the seventy-two (72) hour requirement, twenty (20) hours will be scheduled as continuous professional training and fifty-two (52) hours will be scheduled as additional training, public appearances, special events staffing or to cover staffing needs of the Police Department.
An employee may elect by January 15 of each year to apply up to eight (8) hours of available accrued vacation, compensation time, or personal leave toward meeting the seventy- two (72) hour requirement.
The City will notify employees of the leave election options and selection deadline by December 1 of each year. If a so notified employee does not make a leave election by January 15, the default election will be for the employee to work the fifty-two (52) hours. New employees will be required to work the additional hours needed based on the employees hire date.
The tracking period for the additional hours worked per year is based on the payroll calendar year. Hours will be pro-rated for part-time employees.
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19 ARTICLE V. FATIGUE RECOVERY TIME
An employee who has worked sixteen (16) or more hours within a twenty- four (24) hour period and/or has worked on call-back within six (6) hours of the scheduled start time of their next regular shift and feels they cannot work safely because of fatigue shall notify their supervisory immediately. The employee will be provided with a maximum of eight (8) consecutive hours of rest time, based on the requested rest time election of the employee, between the time the employee leaves the work site to when they r eports back to work, subject to the following conditions.
An employee called to report within three hours of their regular starting time will not be provided rest time under this provision unless, at the time they are called to report, either (a) the employee already has worked on call-back within six (6) hours of the scheduled start time of their next regular shift, or (b) the employee has worked sixteen (16) or more hours within a twenty-four (24) hour period.
If any portion of the up to eight (8) hours of rest falls within the employee’s next scheduled work shift, an employee who requests rest time under this provision may be paid for up to three (3) hours at the employee’s straight time pay and may elect to take accrued personal, vacation, and/or compensatory time off leave for any remaining portion of the up to eight (8) hours.
For rest break and meal period purposes, the work day of an employee returning from rest time under this provision will be deemed to have started upon the employee’s return to work, and employee’s quit time will be the same as if they had reported for work at their normal start time.
The City may suspend providing rest time under this provision for the duration of an emergency declared by the City Council.
CHAPTER 7. AGENCY SECURITY
ARTICLE I. REPRESENTATION
City employees who are official representatives of ALE will be given reasonable time off with pay and benefits during their regularly scheduled work hours to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose will be reasonable and shall not interfere with the performance of City services as determined by the employee's department head.
ALE may select six (6) representatives from its general membership or Board members to engage in investigating and assisting employees in the resolution of grievances. Additionally, ALE may select up to six (6) representatives from its general membership or Board members to engage in negotiations with City representatives.
ALE shall promptly advise the Administrative Services Director in writing of the names of the representatives. Except in emergency situations, each employee will submit a written request for time off to their department head or designee, at least three (3) working days prior to scheduled meetings.
Supervising employees shall not represent non-supervising employees who are in the supervisor's line of supervisory responsibility in regards to disciplinary matters in grievance procedures.
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20 ARTICLE II. MEETING FACILITIES
ALE is allowed to reserve City meeting and conference rooms for use during lunch periods and other non- working hours. Use of such meeting places will be made available in conformity with City rules and are subject to the limitations of prior commitments.
ARTICLE III. BULLETIN BOARDS
ALE will be allowed reasonable access to City bulletin boards for the purpose of posting, transmitting, or distributing notices or announcements regarding ALE membership meetings, results of elections, reports of minutes of ALE meetings, social events, and recreational events. Any other materials must be submitted to the Administrative Services Director or designee for approval five (5) working days prior to the requested posting date. All posted materials must be dated, and unless special arrangements are made, ALE will remove all posted materials, thirty-one (31) calendar days after the publication date.
ARTICLE IV. CLASSIFICATION SPECIFICATIONS
The City agrees to provide ALE an opportunity to review new and revised classification specifications seven (7) working days prior to finalization by Human Resources.
ARTICLE V. NO DISCRIMINATION
ALE shall not discriminate on the basis of race, color, ancestry, national origin, religious creed, sex, sexual orientation, age, physical or mental disability, marital status or political opinion or affiliation for ALE activity to the extent prohibited by applicable State and Federal Law. The City will not discriminate against an employee for engaging in ALE membership or activity to the extent prohibited by applicable State and Federal law.
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Attachment A
Dispatcher schedules when changing Teams
Change from A to B
Team
Change from B to A
Team
Day 1 11 Day 1
Day 2 11 Day 2
Day 3 11 Day 3
Day 4 11 Day 4
Day 5 Day 5 11
Day 6 Day 6 11
Day 7 Day 7 11
Day 8 Day 8 11
Day 9 11 Day 9
Day 10 11 Day 10
Day 11 11 Day 11
Day 12 11 Day 12
Shift Change Day 13 Day 13 11
Day 14 Day 14 11
Day 15 11 Day 15
Day 16 11 Day 16
Day 17 Day 17 11
Day 18 Day 18 11
Day 19 Day 19 11
Day 20 Day 20 11
Day 21 11 Day 21
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EXHIBIT A
344
CITY COUNCIL STAFF REPORT
ITEM NO. 6.15
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution approving the City of Livermore Salary Plan as of October 6, 2025, in accordance with California Code of Regulations, Title 2, Section 570.5.
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving the City of Livermore Salary Plan as of October 6, 2025, in accordance with California Code of Regulations, Title 2, Section 570.5.
DECISION TYPE
Administrative
SUMMARY
Staff recommends the following changes to the Salary Plan:
1 .
Incorporate wage related adjustments associated with the approval of the Association of Livermore Employees (ALE) Memorandum of Understanding;
2 .
Add new 1.0 FTE Information Technology Technician;
3 .
Retitle Supervising Librarian to Library Manager (Class Code 2205); 4 .
Adjust salaries for the Retired Annuitant classifications to match those associated with the Association of Livermore Employees;
5 .
Incorporate wage related adjustments based on a recent compensation study and review of internal alignment and add two new classifications of
Water Resources Coordinator - Source
Control (Class Code 5172) and
Water Resources Coordinator - Maintenance (Class Code 5173);
While the ALE MOU is effective October 1, 2025, the wage and benefit increases are effective October 6, 2025, which is the first full pay period after October 1, 2025.
DISCUSSION
Staff recommends the following changes to the Salary Plan:
345
1 .
The adoption of the resolution of the Memorandum of Understanding between the City of Livermore and the Association of Livermore Employees, also on the October 13, 2025 agenda, requires salary schedule modifications to reflect wage increases effective October 6, 2025. 2 .
The addition of a new 1.0 FTE Information Technology Technician to the Information Technology Division of the Administrative Services Department. This position will enhance IT support and ensure reliable coverage at City Hall. It will improve response times, increase efficiency, and allow current IT staff to distribute workload more effectively. 3 .
The Library is requesting to retitle the classification of Supervising Librarian to Library Manager.
This title change will more closely reflect the duties and responsibilities of this position. 4 .
CalPERS requires the salaries of a retired annuitant to be within the range of what is paid to an active employee. The salary ranges for the retired annuitant classifications that are associated with the ALE group need to be adjusted to match the new salaries. The affected classifications are: Retired Annuitant - Associate Civil Engineer, Retired Annuitant - Senior Planner, Retired Annuitant - Associate Planner, Retired Annuitant - Public Safety Dispatcher, Retired Annuitant - Administrative Clerk I, Retired Annuitant - Library Clerk. 5 .
The City recently completed a compensation study and internal alignment review. As a result, the salaries of 43 classifications in the Association of Livermore Employees need to be adjusted and one classification in the Livermore Management Group, as reflected in the attached resolution. In addition, two new classifications of Water Resources Coordinator - Source Control and Water Resources Coordinator - Maintenance need to be added to the salary plan to maintain the appropriate salary differential between a journey level and lead level classification.
FISCAL AND ADMINISTRATIVE IMPACTS
The fiscal impact of the changes to the salary schedules for the Association of Livermore Employees are outlined in the staff report.
The fiscal impact of adding a new 1.0 FTE Information Technology Technician is $160,120. The cost will be offset by reductions in Temporary Salaries and Contractual Services budgets.
The fiscal impact of the salary revisions for the 43 Association of Livermore Employees classifications and one Livermore Management Group classification identified through the compensation study and internal alignment review is $518,430 and will be absorbed into the existing budget of the affected City funds, which are primarily the Water and Sewer funds.
COMMUNITY PILLAR
5: A City that Works
GOAL
8: Attract, develop, engage, and retain a diverse and highly skilled workforce across the organization
ATTACHMENTS
1. Resolution
2. Exhibit A - Salary Plan Dated October 6, 2025
346
Prepared by: Kaylin Larson
HR Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
347
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION APPROVING THE CITY OF LIVERMORE SALARY
PLAN DATED OCTOBER 6, 2025, IN ACCORDANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
The proposed City of Livermore Salary Plan , attached hereto as Exhibit A, is intended to incorporate the following changes:
Wage related adjustments associated with the approval of the Association of Livermore Employees Memorandum of Understanding
Add new 1.0 FTE Information Technology Technician
Retitled Supervising Librarian to Library Manager (Class Code 2205) Adjust salaries for the Retired Annuitant classifications to match those associated with the Association of Livermore Employees:
o Retired Annuitant–Assoc. Civil Engineer (Class Code 8510) $64.16-$77.65/hr o Retired Annuitant–Senior Planner (Class Code 8525) $62.91-$76.12/hr o Retired Annuitant–Associate Planner (Class Code 8520) $55.99-$72.58/hr o Retired Annuitant–Public Safety Dsptch (Class Code 8535) $46.44-$56.45/hr o Retired Annuitant–Administrative Clerk I (Class Code 8560) $31.89-$38.41/hr o Retired Annuitant–Library Clerk (Class Code 8565) $31.89 - $38.41/hr
Based on a recent compensation study and review of internal alignment, the salary ranges for the following classifications in the Association of Livermore Employees shall be adjusted and added:
Junior Accountant (Class Code 4020) $ 8,010.19 - $ 9,736.44 Junior Engineer (Class Code 4090) $ 8,682.14 - $10,553.19 Junior Civil Engineer (Class Code 4091) $ 9,116.25 - $11,080.85 Assistant Engineer (Class Code 4092) $ 9,867.00 - $11,993.40 Assistant Civil Engineer (Class Code 4093) $10,360.35 - $12,593.07 Crime & Intelligence Analyst (Class Code 4150) $ 8,922.88 - $10,845.82 Information Technology Technician (Class Code 4210) $ 7,672.43 - $ 9,325.89 Sr Information Technology Tech (Class Code 4211) $ 8,439.68 - $10,258.48 Permit Technician (Class Code 4250) $ 6,566.31 - $ 7,981.39 Permit Technician II (Class Code 4251) $ 7,009.68 - $ 8,520.30 Public Safety Dispatcher (Class Code 4300) $ 8,050.58 - $ 9,785.52 Senior Public Safety Dispatcher (Class Code 4301) $ 8,440.67 - $10,259.69 Supervising Public Safety Dispatcher (Class Code 4302) $ 9,285.55 - $11,286.64 Airport Service Attendant (Class Code 5000) $ 6,458.37 - $ 7,850.19 Senior Airport Service Attendant (Class Code 5001) $ 6,925.85 - $ 8,418.38 Facilities Maintenance Worker Trne. (Class Code 5030) $ 5,563.60 - $ 6,762.59 Facilities Maintenance Worker I (Class Code 5031) $ 6,224.31 - $ 7,565.69 Facilities Maintenance Worker II (Class Code 5032) $ 6,671.30 - $ 8,109.01 348
2 RESOLUTION NO. ________
Senior Facilities Maintenance Worker (Class Code 5033)$ 7,001.25 - $ 8,510.06 Supvr Facilities Maintenance Worker (Class Code 5034) $ 7,872.74 - $ 9,569.36 Traffic Signal Technician Trainee (Class Code 5081) $ 6,979.63 - $ 8,483.78 Traffic Signal Technician (Class Code 5080) $ 7,451.21 - $ 9,056.99 Senior Traffic Signal Technician (Class Code 5082) $ 8,142.62 - $ 9,897.40 WR Laboratory Technician (Class Code 5110) $ 8,066.90 - $ 9,805.37 WR Mechanic I (Class Code 5120) $ 7,928.64 - $ 9,637.31 WR Mechanic II (Class Code 5121) $ 8,936.04 - $10,861.81 WR Operator Trainee (Class Code 5130) $ 7,560.49 - $ 9,189.83 WR Operator – Grade I (Class Code 5131) $ 8,694.57 - $10,568.30 WR Operator – Grade II (Class Code 5132) $ 9,129.29 - $11,096.72 WR Operator – Grade III (Class Code 5133) $ 9,859.64 - $11,984.45 WR Senior Operator (Class Code 5134) $10,352.67 - $12,583.67 WR Supervising Operator (Class Code 5135) $11,476.83 - $13,950.16 WR Source Control Inspector (Class Code 5141) $ 9,162.51 - $11,137.09 WW Collections Systems Trainee (Class Code 5150) $ 5,549.01 - $ 6,744.86 WW Collections Systems Worker I (Class Code 5151) $ 6,381.36 - $ 7,756.59 WW Collections Systems Worker II (Class Code 5152) $ 7,019.50 - $ 8,532.25 WW Collections Systems Worker III (Class Code 5153) $ 7,721.45 - $ 9,385.47 WD Operator Trainee (Class Code 5160) $ 5,988.95 - $ 7,279.61 WD Operator I (Class Code 5161) $ 6,702.22 - $ 8,146.59 WD Operator II (Class Code 5162) $ 7,672.03 - $ 9,325.41 WD Operator III (Class Code 5163) $ 8,266.85 - $10,048.41 WD Senior Operator (Class Code 5164) $ 8,680.14 - $10,550.76 WD Supervising Operator (Class Code 5165) $ 9,511.51 - $11,561.30 Add new classifications of Water Resources Coordinator – Source Control (Class Code 5172) with monthly steps of $9,620.63 - $10,1010.67 - $10,606.75 - $11,137.09 - $11,693.94
Add new classifications of Water Resources Coordinator – Maintenance (Class Code 5173) with monthly steps of $ 9,382.84 - $9,851.98 - $10,344.58 - $10,861.84 - $11,404.90
Based on a review of internal alignment, the salary ranges for the following classifications in the Livermore Management Group shall be adjusted:
Water Resources Operations Mngr (Class Code 2225) $12,311.95 - $15,389.94
NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that in accordance with California Code of Regulations, Title 2, Section 570.5, it hereby approves the Salary Plan dated October 6, 2025.
349
3 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Deborah L. Elam Kimberly Cilley
City Clerk City Attorney
Exhibit A – Salary Plan
350
Salary
Plan
October 6, 2025
EXHIBIT A
351
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
4001 ACCOUNT CLERK 73,090.22 76,587.90 80,249.62 84,094.43 88,131.50 6,090.85 6,382.33 6,687.47 7,007.87 7,344.29
1,405.58 1,472.84 1,543.26 1,617.20 1,694.84
35.1395 36.8211 38.5816 40.4300 42.3709
4000 ACCOUNT CLERK, JUNIOR 65,744.90 69,032.14 72,483.75 76,107.94 79,913.34 5,478.74 5,752.68 6,040.31 6,342.33 6,659.45
1,264.33 1,327.54 1,393.92 1,463.61 1,536.80
31.6081 33.1885 34.8480 36.5904 38.4199
4002 ACCOUNT CLERK, SENIOR 79,423.91 83,227.43 87,221.12 91,414.52 95,817.58 6,618.66 6,935.62 7,268.43 7,617.88 7,984.80
1,527.38 1,600.53 1,677.33 1,757.97 1,842.65
38.1846 40.0132 41.9332 43.9493 46.0661
4020 ACCOUNTANT, JUNIOR* 96,122.29 100,928.40 105,974.82 111,273.56 116,837.24 8,010.19 8,410.70 8,831.24 9,272.80 9,736.44
1,848.51 1,940.93 2,037.98 2,139.88 2,246.87
46.2126 48.5233 50.9494 53.4969 56.1718
4010 ACCOUNTING TECHNICIAN 84,282.47 88,328.93 92,577.71 97,038.92 101,723.21 7,023.54 7,360.74 7,714.81 8,086.58 8,476.93
1,620.82 1,698.63 1,780.34 1,866.13 1,956.22
40.5204 42.4658 44.5085 46.6533 48.9054
4030 ADMINISTRATIVE 88,251.03 92,495.92 96,953.04 101,633.03 106,547.01 ASSISTANT 7,354.25 7,707.99 8,079.42 8,469.42 8,878.92
1,697.14 1,778.77 1,864.48 1,954.48 2,048.98
42.4284 44.4692 46.6120 48.8620 51.2245
4052 ADMINISTRATIVE CLERK I 66,339.50 69,488.81 72,795.58 76,267.68 79,913.39 5,528.29 5,790.73 6,066.30 6,355.64 6,659.45
1,275.76 1,336.32 1,399.92 1,466.69 1,536.80
31.8940 33.4081 34.9979 36.6672 38.4199
4051 ADMINISTRATIVE CLERK II 71,041.79 74,426.20 77,979.83 81,711.18 85,629.06 5,920.15 6,202.18 6,498.32 6,809.27 7,135.76
1,366.19 1,431.27 1,499.61 1,571.37 1,646.71
34.1547 35.7818 37.4903 39.2842 41.1678
4040 ADMINISTRATIVE 88,251.03 92,495.92 96,953.04 101,633.03 106,547.01 TECHNICIAN 7,354.25 7,707.99 8,079.42 8,469.42 8,878.92 1,697.14 1,778.77 1,864.48 1,954.48 2,048.98
42.4284 44.4692 46.6120 48.8620 51.2245
5000 AIRPORT SERVICE 77,500.47 81,375.49 85,444.26 89,716.47 94,202.29 ATTENDANT* 6,458.37 6,781.29 7,120.36 7,476.37 7,850.19 1,490.39 1,564.91 1,643.16 1,725.32 1,811.58
37.2598 39.1228 41.0790 43.1329 45.2896
5001 AIRPORT SERVICE 83,109.87 87,265.36 91,628.63 96,210.06 101,020.56 ATTENDANT SENIOR* 6,925.82 7,272.11 7,635.72 8,017.51 8,418.38 1,598.27 1,678.18 1,762.09 1,850.19 1,942.70
39.9567 41.9545 44.0522 46.2548 48.5676
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
EXHIBIT A
352
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4060 ANIMAL CONTROL 87,564.16 91,774.70 96,195.76 100,837.87 105,712.09 OFFICER 7,297.01 7,647.89 8,016.31 8,403.16 8,809.34
1,683.93 1,764.90 1,849.92 1,939.19 2,032.92
42.0982 44.1225 46.2480 48.4798 50.8231
5010 ASSET MANAGEMENT 117,633.38 123,347.40 129,347.09 135,646.79 142,261.44 SPECIALIST 9,802.78 10,278.95 10,778.92 11,303.90 11,855.12 2,262.18 2,372.07 2,487.44 2,608.59 2,735.80
56.5545 59.3016 62.1861 65.2148 68.3949
4130 BUILDING INSPECTOR I 103,556.88 108,567.07 113,827.74 119,351.46 125,151.36 8,629.74 9,047.26 9,485.65 9,945.96 10,429.28
1,991.48 2,087.83 2,189.00 2,295.22 2,406.76
49.7870 52.1957 54.7249 57.3805 60.1689
4131 BUILDING INSPECTOR II 111,210.76 116,603.64 122,266.15 128,211.78 134,454.69 9,267.56 9,716.97 10,188.85 10,684.32 11,204.56
2,138.67 2,242.38 2,351.27 2,465.61 2,585.67
53.4667 56.0594 58.7818 61.6403 64.6417
4132 BUILDING INSPECTOR III 114,439.09 119,993.38 125,825.37 131,948.96 138,378.74 9,536.59 9,999.45 10,485.45 10,995.75 11,531.56
2,200.75 2,307.57 2,419.72 2,537.48 2,661.13
55.0188 57.6891 60.4930 63.4370 66.5282
4133 BUILDING INSPECTOR, 119,993.38 125,825.37 131,948.96 138,378.74 145,130.02 SENIOR 9,999.45 10,485.45 10,995.75 11,531.56 12,094.17 2,307.57 2,419.72 2,537.48 2,661.13 2,790.96
57.6891 60.4930 63.4370 66.5282 69.7741
4093 CIVIL ENGINEER, 124,324.14 130,540.35 137,067.37 143,920.74 151,116.78 ASSISTANT* 10,360.35 10,878.36 11,422.28 11,993.40 12,593.07 2,390.85 2,510.39 2,635.91 2,767.71 2,906.09
59.7712 62.7598 65.8978 69.1927 72.6523
4100 CIVIL ENGINEER, 133,473.47 139,979.49 146,810.81 153,983.68 161,515.20 ASSOCIATE 11,122.79 11,664.96 12,234.23 12,831.97 13,459.60 2,566.80 2,691.91 2,823.28 2,961.22 3,106.06
64.1699 67.2978 70.5821 74.0306 77.6515
4091 CIVIL ENGINEER, JUNIOR* 109,394.94 114,864.69 120,607.92 126,638.32 132,970.24 9,116.25 9,572.06 10,050.66 10,553.19 11,080.85
2,103.75 2,208.94 2,319.38 2,435.35 2,557.12
52.5937 55.2234 57.9846 60.8838 63.9280
4140 COMMUNITY 76,825.79 80,667.08 84,700.43 88,935.45 93,382.22 SERVICE SPECIALIST 6,402.15 6,722.26 7,058.37 7,411.29 7,781.85 1,477.42 1,551.29 1,628.85 1,710.30 1,795.81
36.9355 38.7823 40.7214 42.7574 44.8953
4141 COMMUNITY 80,632.31 84,663.93 88,897.13 93,341.99 98,009.09 SERVICE SPECIALIST II 6,719.36 7,055.33 7,408.09 7,778.50 8,167.42 1,550.62 1,628.15 1,709.56 1,795.04 1,884.79
38.7655 40.7038 42.7390 44.8760 47.1198
EXHIBIT A
353
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4150 CRIME & INTELLIGENCE 107,074.59 112,428.32 118,049.73 123,952.22 130,149.83 ANALYST* 8,922.88 9,369.03 9,837.48 10,329.35 10,845.82 2,059.13 2,162.08 2,270.19 2,383.70 2,502.88
51.4782 54.0521 56.7547 59.5924 62.5720
4152 CRIME & INTELLIGENCE 125,577.30 131,856.17 138,448.98 145,371.43 152,640.00 ANALYST, SUPERVISING 10,464.78 10,988.01 11,537.42 12,114.29 12,720.00 2,414.95 2,535.70 2,662.48 2,795.60 2,935.38
60.3737 63.3924 66.5620 69.8901 73.3846
4160 CRIME PREVENTION 83,469.20 87,474.99 91,681.06 96,097.45 100,734.65 SPECIALIST 6,955.77 7,289.58 7,640.09 8,008.12 8,394.55 1,605.18 1,682.21 1,763.10 1,848.03 1,937.20
40.1294 42.0553 44.0774 46.2007 48.4301
4170 CRISIS INTERVENTION 100,608.08 111,892.53 117,402.91 123,188.80 129,263.99 SPECIALIST 8,384.01 9,324.38 9,783.58 10,265.73 10,772.00 1,934.77 2,151.78 2,257.75 2,369.02 2,485.85
48.3693 53.7945 56.4437 59.2254 62.1462
4050 DIVISION CLERK 74,809.86 78,382.70 82,134.16 86,073.20 90,209.20 6,234.16 6,531.89 6,844.51 7,172.77 7,517.43
1,438.65 1,507.36 1,579.50 1,655.25 1,734.79
35.9663 37.6840 39.4876 41.3814 43.3698
4180 ECONOMIC DEVELOPMENT 96,146.19 100,953.50 106,001.18 111,301.24 116,866.30 SPECIALIST 8,012.18 8,412.79 8,833.43 9,275.10 9,738.86 1,848.97 1,941.41 2,038.48 2,140.41 2,247.43
46.2241 48.5353 50.9621 53.5102 56.1857
5090 ELECTRICIAN 108,422.10 113,843.21 119,535.37 125,512.14 131,787.75 9,035.18 9,486.93 9,961.28 10,459.35 10,982.31
2,085.04 2,189.29 2,298.76 2,413.70 2,534.38
52.1260 54.7323 57.4689 60.3424 63.3595
4092 ENGINEER, ASSISTANT* 118,403.94 124,324.14 130,540.35 137,067.37 143,920.74 9,867.00 10,360.35 10,878.36 11,422.28 11,993.40
2,277.00 2,390.85 2,510.39 2,635.91 2,767.71
56.9250 59.7712 62.7598 65.8978 69.1927
4090 ENGINEER, JUNIOR* 104,185.67 109,394.95 114,864.70 120,607.93 126,638.32 8,682.14 9,116.25 9,572.06 10,050.66 10,553.19
2,003.57 2,103.75 2,208.94 2,319.38 2,435.35
50.0893 52.5937 55.2234 57.9846 60.8838
4080 ENGINEERING SPECIALIST 117,633.37 123,347.39 129,347.08 135,646.78 142,261.43 9,802.78 10,278.95 10,778.92 11,303.90 11,855.12
2,262.18 2,372.07 2,487.44 2,608.59 2,735.80
56.5545 59.3016 62.1861 65.2148 68.3949
4070 ENGINEERING 101,339.05 106,238.33 111,382.58 116,784.05 122,455.59 TECHNICIAN, ASSIST 8,444.92 8,853.19 9,281.88 9,732.00 10,204.63 1,948.83 2,043.04 2,141.97 2,245.85 2,354.92
48.7207 51.0761 53.5493 56.1462 58.8729
EXHIBIT A
354
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4071 ENGINEERING 108,585.61 113,847.21 119,371.90 125,172.83 131,263.81 TECHNICIAN, ASSOC 9,048.80 9,487.27 9,947.66 10,431.07 10,938.65 2,088.18 2,189.37 2,295.61 2,407.17 2,524.30
52.2046 54.7342 57.3903 60.1793 63.1076
4072 ENGINEERING 112,759.16 118,229.46 123,973.26 130,004.26 136,336.81 TECHNICIAN, SENIOR 9,396.60 9,852.46 10,331.11 10,833.69 11,361.40 2,168.45 2,273.64 2,384.10 2,500.08 2,621.86
54.2111 56.8411 59.6025 62.5021 65.5465
5030 FACILITIES MAINTENANCE 66,763.23 70,101.39 73,606.46 77,286.78 81,151.12 TRAINEE* 5,563.60 5,841.78 6,133.87 6,440.57 6,762.59
1,283.91 1,348.10 1,415.51 1,486.28 1,560.60
32.0977 33.7026 35.3877 37.1571 39.0150
5031 FACILITIES MAINTENANCE 74,691.77 78,426.36 82,347.68 86,465.06 90,788.31 WORKER I* 6,224.31 6,535.53 6,862.31 7,205.42 7,565.69
1,436.38 1,508.20 1,583.61 1,662.79 1,745.93
35.9095 37.7050 39.5902 41.5697 43.6482
5032 FACILITIES MAINTENANCE 80,055.65 84,058.43 88,261.35 92,674.42 97,308.14 WORKER II* 6,671.30 7,004.87 7,355.11 7,722.87 8,109.01 1,539.53 1,616.51 1,697.33 1,782.20 1,871.31
38.4883 40.4127 42.4333 44.5550 46.7828
5033 FACILITIES MAINTENANCE 84,015.01 88,215.76 92,626.55 97,257.88 102,120.77 WORKER, SENIOR* 7,001.25 7,351.31 7,718.88 8,104.82 8,510.06 1,615.67 1,696.46 1,781.28 1,870.34 1,963.86
40.3918 42.4114 44.5320 46.7586 49.0965
5034 FACILITIES MAINTENANCE 94,472.84 99,196.48 104,156.30 109,364.11 114,832.32 WORKER, SUPERVISING* 7,872.74 8,266.37 8,679.69 9,113.68 9,569.36 1,816.79 1,907.62 2,003.01 2,103.16 2,208.31
45.4196 47.6906 50.0751 52.5789 55.2079
4190 FAMILY THERAPIST 101,942.27 106,871.72 112,047.64 117,482.34 123,188.80 8,495.19 8,905.98 9,337.30 9,790.20 10,265.73
1,960.43 2,055.23 2,154.76 2,259.28 2,369.02
49.0107 51.3806 53.8691 56.4819 59.2254
5040 FLEET SERVICES WORKER 65,984.63 69,116.20 72,404.34 75,856.88 79,482.05 5,498.72 5,759.68 6,033.70 6,321.41 6,623.50
1,268.94 1,329.16 1,392.39 1,458.79 1,528.50
31.7234 33.2289 34.8098 36.4697 38.2125
4200 GIS SPECIALIST 117,633.37 123,347.37 129,347.07 135,646.77 142,261.42 9,802.78 10,278.95 10,778.92 11,303.90 11,855.12
2,262.18 2,372.06 2,487.44 2,608.59 2,735.80
56.5545 59.3016 62.1861 65.2148 68.3949
5050 GROUNDSKEEPER 65,984.59 69,116.13 72,404.28 75,856.81 79,481.99 TRAINEE 5,498.72 5,759.68 6,033.69 6,321.40 6,623.50
1,268.93 1,329.16 1,392.39 1,458.78 1,528.50
31.7234 33.2289 34.8098 36.4696 38.2125
EXHIBIT A
355
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5051 GROUNDSKEEPER I 73,750.06 77,269.89 80,965.70 84,846.32 88,920.97 6,145.84 6,439.16 6,747.14 7,070.53 7,410.08
1,418.27 1,485.96 1,557.03 1,631.66 1,710.02
35.4568 37.1490 38.9258 40.7915 42.7505
5052 GROUNDSKEEPER II 79,003.59 82,786.12 86,757.75 90,927.98 95,306.70 6,583.63 6,898.84 7,229.81 7,577.33 7,942.23
1,519.30 1,592.04 1,668.42 1,748.62 1,832.82
37.9825 39.8010 41.7105 43.7154 45.8205
5053 GROUNDSKEEPER III 82,881.53 86,857.94 91,033.16 95,417.16 100,020.36 6,906.79 7,238.16 7,586.10 7,951.43 8,335.03
1,593.88 1,670.35 1,750.64 1,834.95 1,923.47
39.8469 41.7586 43.7659 45.8736 48.0867
5055 GROUNDSKEEPER, 93,124.26 97,612.79 102,325.78 107,274.40 112,470.45 SUPERVISING 7,760.36 8,134.40 8,527.15 8,939.53 9,372.54 1,790.85 1,877.17 1,967.80 2,062.97 2,162.89
44.7713 46.9292 49.1951 51.5742 54.0723
4210 INFORMATION 92,069.18 96,672.64 101,506.27 106,581.58 111,910.66 TECHNOLOGY TECHNICIAN* 7,672.43 8,056.05 8,458.86 8,881.80 9,325.89 1,770.56 1,859.09 1,952.04 2,049.65 2,152.13
44.2640 46.4772 48.8011 51.2411 53.8032
4211 INFORMATION TECHNOLOGY 101,276.10 106,339.90 111,656.90 117,239.74 123,101.72 TECHNICIAN, SENIOR* 8,439.68 8,861.66 9,304.74 9,769.98 10,258.48 1,947.62 2,045.00 2,147.25 2,254.61 2,367.34
48.6904 51.1250 53.6812 56.3653 59.1835
5054 LANDSCAPE MAINTENANCE 88,543.95 92,803.47 97,275.97 101,972.10 106,903.04 SPECIALIST 7,378.66 7,733.62 8,106.33 8,497.68 8,908.59 1,702.77 1,784.68 1,870.69 1,961.00 2,055.83
42.5692 44.6171 46.7673 49.0251 51.3957
4230 LIBRARIAN I 79,868.92 83,694.71 87,711.77 91,929.69 96,358.49 6,655.74 6,974.56 7,309.31 7,660.81 8,029.87
1,535.94 1,609.51 1,686.76 1,767.88 1,853.05
38.3985 40.2378 42.1691 44.1970 46.3262
4231 LIBRARIAN II 88,420.21 92,673.55 97,139.56 101,828.86 106,752.63 7,368.35 7,722.80 8,094.96 8,485.74 8,896.05
1,700.39 1,782.18 1,868.07 1,958.25 2,052.94
42.5097 44.5546 46.7017 48.9562 51.3234
4221 LIBRARY ASSISTANT 75,262.27 78,857.70 82,632.93 86,596.90 90,759.10 6,271.86 6,571.48 6,886.08 7,216.41 7,563.26
1,447.35 1,516.49 1,589.09 1,665.33 1,745.37
36.1838 37.9124 39.7274 41.6331 43.6342
4222 LIBRARY ASSISTANT, 84,282.47 88,328.93 92,577.71 97,038.92 101,723.21 SUPERVISING 7,023.54 7,360.74 7,714.81 8,086.58 8,476.93 1,620.82 1,698.63 1,780.34 1,866.13 1,956.22
40.5204 42.4658 44.5085 46.6533 48.9054
EXHIBIT A
356
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4220 LIBRARY CLERK 66,339.50 69,488.81 72,795.58 76,267.68 79,913.39 5,528.29 5,790.73 6,066.30 6,355.64 6,659.45
1,275.76 1,336.32 1,399.92 1,466.69 1,536.80
31.89399 33.40808 34.99788 36.66715 38.41990
5060 MAINTENANCE 65,984.59 69,116.13 72,404.28 75,856.81 79,481.99 TRAINEE 5,498.72 5,759.68 6,033.69 6,321.40 6,623.50
1,268.93 1,329.16 1,392.39 1,458.78 1,528.50
31.72336 33.22891 34.80975 36.46962 38.21250
5061 MAINTENANCE 73,750.06 77,269.89 80,965.70 84,846.32 88,920.97 WORKER I 6,145.84 6,439.16 6,747.14 7,070.53 7,410.08
1,418.27 1,485.96 1,557.03 1,631.66 1,710.02
35.45676 37.14899 38.92582 40.79150 42.75047
5062 MAINTENANCE 79,003.59 82,786.11 86,757.75 90,927.98 95,306.70 WORKER II 6,583.63 6,898.84 7,229.81 7,577.33 7,942.23
1,519.30 1,592.04 1,668.42 1,748.62 1,832.82
37.98250 39.80101 41.71046 43.71538 45.82053
5063 MAINTENANCE 82,881.53 86,857.94 91,033.16 95,417.16 100,020.36 WORKER III 6,906.79 7,238.16 7,586.10 7,951.43 8,335.03 1,593.88 1,670.35 1,750.64 1,834.95 1,923.47
39.84689 41.75863 43.76594 45.87363 48.08671
5070 MECHANIC 95,257.31 100,020.17 105,021.18 110,272.24 115,785.85 7,938.11 8,335.01 8,751.76 9,189.35 9,648.82
1,831.87 1,923.46 2,019.64 2,120.62 2,226.65
45.79678 48.08662 50.49095 53.01550 55.66627
5071 MECHANIC SENIOR 103,393.20 108,562.86 113,991.00 119,690.55 125,675.08 8,616.10 9,046.90 9,499.25 9,974.21 10,472.92
1,988.33 2,087.75 2,192.13 2,301.74 2,416.83
49.70827 52.19368 54.80337 57.54353 60.42071
4240 NEIGHBORHOOD 108,585.61 113,847.21 119,371.90 125,172.83 131,263.81 PRESERVATION OFFICER 9,048.80 9,487.27 9,947.66 10,431.07 10,938.65 2,088.18 2,189.37 2,295.61 2,407.17 2,524.30
52.20462 54.73424 57.39034 60.17925 63.10760
5020 PARTS AND INVENTORY 77,134.06 80,823.08 84,696.57 88,763.72 93,034.25 CONTROL WORKER 6,427.84 6,735.26 7,058.05 7,396.98 7,752.85 1,483.35 1,554.29 1,628.78 1,706.99 1,789.12
37.08368 38.85725 40.71950 42.67487 44.72800
4250 PERMIT TECHNICIAN* 78,795.70 82,735.48 86,872.25 91,215.86 95,776.65 6,566.31 6,894.62 7,239.35 7,601.32 7,981.39
1,515.30 1,591.07 1,670.62 1,754.15 1,841.86
37.88255 39.77667 41.76550 43.85378 46.04647
4251 PERMIT TECHNICIAN II* 84,116.10 88,321.91 92,738.01 97,374.91 102,243.65 7,009.68 7,360.16 7,728.17 8,114.58 8,520.30
1,617.62 1,698.50 1,783.42 1,872.59 1,966.22
40.44043 42.46246 44.58558 46.81486 49.15560
EXHIBIT A
357
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4260 PLAN CHECK ENGINEER 133,362.24 139,862.68 146,688.13 153,854.89 161,379.98 11,113.52 11,655.22 12,224.01 12,821.24 13,448.33
2,564.66 2,689.67 2,820.93 2,958.75 3,103.46
64.11646 67.24167 70.52314 73.96870 77.58653
4120 PLANNER, ASSISTANT 108,260.07 113,505.41 119,013.02 124,796.00 130,868.12 9,021.67 9,458.78 9,917.75 10,399.67 10,905.68
2,081.92 2,182.80 2,288.71 2,399.92 2,516.69
52.04811 54.56991 57.21780 59.99808 62.91737
4121 PLANNER, ASSOCIATE 124,796.00 130,868.12 137,243.86 143,938.39 150,967.64 10,399.67 10,905.68 11,436.99 11,994.87 12,580.64
2,399.92 2,516.69 2,639.31 2,768.05 2,903.22
59.99808 62.91737 65.98263 69.20115 72.58060
4122 PLANNER, SENIOR 130,868.15 137,243.88 143,938.41 150,967.66 158,348.38 10,905.68 11,436.99 11,994.87 12,580.64 13,195.70
2,516.70 2,639.31 2,768.05 2,903.22 3,045.16
62.91738 65.98263 69.20116 72.58061 76.12903
4270 POLICE CLERK 72,820.08 76,293.40 79,940.42 83,769.79 87,790.59 6,068.34 6,357.78 6,661.70 6,980.82 7,315.88
1,400.39 1,467.18 1,537.32 1,610.96 1,688.28
35.00965 36.67952 38.43289 40.27394 42.20701
4271 POLICE CLERK, SENIOR 76,293.49 79,940.49 83,769.86 87,790.67 92,012.55 6,357.79 6,661.71 6,980.82 7,315.89 7,667.71
1,467.18 1,537.32 1,610.96 1,688.28 1,769.47
36.67956 38.43293 40.27397 42.20705 44.23680
4272 POLICE CLERK, SUPERVISING 89,921.31 94,249.70 98,794.51 103,566.59 108,577.24 7,493.44 7,854.14 8,232.88 8,630.55 9,048.10
1,729.26 1,812.49 1,899.89 1,991.67 2,088.02
43.23140 45.31236 47.49736 49.79163 52.20060
4280 POLICE IDENTIFICATION 91,602.23 96,014.66 100,647.73 105,512.45 110,620.42 TECHNICIAN 7,633.52 8,001.22 8,387.31 8,792.70 9,218.37 1,761.58 1,846.44 1,935.53 2,029.09 2,127.32
44.03953 46.16089 48.38833 50.72714 53.18289
4290 PROPERTY AND EVIDENCE 77,420.30 81,123.64 85,012.18 89,095.11 93,382.22 SPECIALIST 6,451.69 6,760.30 7,084.35 7,424.59 7,781.85 1,488.85 1,560.07 1,634.85 1,713.37 1,795.81
37.22130 39.00175 40.87124 42.83419 44.89530
4291 PROPERTY AND EVIDENCE 87,399.93 91,602.25 96,014.68 100,647.76 105,512.47 SPECIALIST, SUPERVISING 7,283.33 7,633.52 8,001.22 8,387.31 8,792.71 1,680.77 1,761.58 1,846.44 1,935.53 2,029.09
42.01920 44.03954 46.16090 48.38835 50.72715
4300 PUBLIC SAFETY DISPATCHER* 96,606.90 101,437.25 106,509.11 111,834.57 117,426.29 8,050.58 8,453.10 8,875.76 9,319.55 9,785.52
1,857.83 1,950.72 2,048.25 2,150.66 2,258.20
46.44563 48.76791 51.20630 53.76662 56.45495
EXHIBIT A
358
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
4301 PUBLIC SAFETY 101,288.03 106,352.43 111,670.05 117,253.55 123,116.23 DISPATCHER, SENIOR* 8,440.67 8,862.70 9,305.84 9,771.13 10,259.69 1,947.85 2,045.24 2,147.50 2,254.88 2,367.62
48.69617 51.13098 53.68752 56.37190 59.19050
4302 PUBLIC SAFETY 111,426.61 116,997.94 122,847.83 128,990.23 135,439.74 DISPATCHER, SUPERVISING* 9,285.55 9,749.83 10,237.32 10,749.19 11,286.64 2,142.82 2,249.96 2,362.46 2,480.58 2,604.61
53.57048 56.24901 59.06146 62.01453 65.11526
4310 PURCHASING SPECIALIST, 94,387.29 99,064.42 103,975.41 109,131.95 114,546.31 SUPERVISING 7,865.61 8,255.37 8,664.62 9,094.33 9,545.53 1,815.14 1,905.09 1,999.53 2,098.69 2,202.81
45.37850 47.62713 49.98818 52.46728 55.07034
4320 RECYCLING SPECIALIST 96,740.72 101,410.09 106,312.94 111,460.92 116,866.27 8,061.73 8,450.84 8,859.41 9,288.41 9,738.86
1,860.40 1,950.19 2,044.48 2,143.48 2,247.43
46.50996 48.75485 51.11199 53.58698 56.18571
5081 TRAFFIC SIGNAL 83,755.52 87,943.30 92,340.47 96,957.49 101,805.37 TECHNICIAN TRAINEE* 6,979.63 7,328.61 7,695.04 8,079.79 8,483.78 1,610.68 1,691.22 1,775.78 1,864.57 1,957.80
40.26708 42.28043 44.39446 46.61418 48.94489
5080 TRAFFIC SIGNAL 89,414.51 93,885.24 98,579.50 103,508.47 108,683.89 TECHNICIAN* 7,451.21 7,823.77 8,214.96 8,625.71 9,056.99 1,719.51 1,805.49 1,895.76 1,990.55 2,090.07
42.98775 45.13713 47.39399 49.76369 52.25187
5082 TRAFFIC SIGNAL 97,711.38 102,596.95 107,726.80 113,113.14 118,768.80 TECHNICIAN, SENIOR* 8,142.62 8,549.75 8,977.23 9,426.10 9,897.40 1,879.07 1,973.02 2,071.67 2,175.25 2,284.02
46.97663 49.32546 51.79173 54.38132 57.10038
4110 TRANSPORTATION 133,473.47 139,979.49 146,810.81 153,983.68 161,515.20 ENGINEER, ASSOCIATE 11,122.79 11,664.96 12,234.23 12,831.97 13,459.60 2,566.80 2,691.91 2,823.28 2,961.22 3,106.06
64.16994 67.29783 70.58212 74.03062 77.65154
5150 WASTEWATER COLLECTIONS 66,588.13 69,917.54 73,413.42 77,084.09 80,938.29 SYSTEMS TRAINEE* 5,549.01 5,826.46 6,117.79 6,423.67 6,744.86 1,280.54 1,344.57 1,411.80 1,482.39 1,556.51
32.01352 33.61420 35.29491 37.05966 38.91264
5151 WASTEWATER COLLECTIONS 76,576.35 80,405.17 84,425.43 88,646.70 93,079.03 SYSTEMS WORKER I* 6,381.36 6,700.43 7,035.45 7,387.23 7,756.59 1,472.62 1,546.25 1,623.57 1,704.74 1,789.98
36.81555 38.65633 40.58915 42.61861 44.74953
5152 WASTEWATER COLLECTIONS 84,233.99 88,445.69 92,867.97 97,511.37 102,386.94 SYSTEMS WORKER II* 7,019.50 7,370.47 7,739.00 8,125.95 8,532.25 1,619.88 1,700.88 1,785.92 1,875.22 1,968.98
40.49711 42.52197 44.64806 46.88047 49.22449
EXHIBIT A
359
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5153 WASTEWATER COLLECTIONS 92,657.38 97,290.25 102,154.76 107,262.50 112,625.63 SYSTEMS WORKER III* 7,721.45 8,107.52 8,512.90 8,938.54 9,385.47 1,781.87 1,870.97 1,964.51 2,062.74 2,165.88
44.54682 46.77416 49.11287 51.56851 54.14694
5160 WATER DISTRIBUTION 71,867.45 75,460.82 79,233.86 83,195.55 87,355.33 OPERATOR TRAINEE* 5,988.95 6,288.40 6,602.82 6,932.96 7,279.61 1,382.07 1,451.17 1,523.73 1,599.91 1,679.91
34.55166 36.27924 38.09320 39.99786 41.99775
5161 WATER DISTRIBUTION 80,426.65 84,447.98 88,670.38 93,103.90 97,759.09 OPERATOR I* 6,702.22 7,037.33 7,389.20 7,758.66 8,146.59 1,546.67 1,624.00 1,705.20 1,790.46 1,879.98
38.66666 40.59999 42.62999 44.76149 46.99956
5162 WATER DISTRIBUTION 92,064.41 96,667.63 101,501.01 106,576.06 111,904.87 OPERATOR II* 7,672.03 8,055.64 8,458.42 8,881.34 9,325.41 1,770.47 1,858.99 1,951.94 2,049.54 2,152.02
44.26174 46.47482 48.79856 51.23849 53.80042
5163 WATER DISTRIBUTION 99,202.21 104,162.32 109,370.44 114,838.96 120,580.91 OPERATOR III* 8,266.85 8,680.19 9,114.20 9,569.91 10,048.41 1,907.73 2,003.12 2,103.28 2,208.44 2,318.86
47.69337 50.07804 52.58194 55.21104 57.97159
5164 WATER DISTRIBUTION 104,161.67 109,369.75 114,838.24 120,580.15 126,609.16 SENIOR OPERATOR* 8,680.14 9,114.15 9,569.85 10,048.35 10,550.76 2,003.11 2,103.26 2,208.43 2,318.85 2,434.79
50.07773 52.58161 55.21069 57.97123 60.86979
5165 WATER DISTRIBUTION 114,138.14 119,845.05 125,837.30 132,129.17 138,735.63 SUPERVISING OPERATOR* 9,511.51 9,987.09 10,486.44 11,010.76 11,561.30 2,194.96 2,304.71 2,419.95 2,540.95 2,667.99
54.87411 57.61781 60.49870 63.52364 66.69982
5170 WATER RESOURCES 104,722.83 109,832.89 115,198.47 120,832.33 126,747.88 COORDINATOR 8,726.90 9,152.74 9,599.87 10,069.36 10,562.32 2,013.90 2,112.17 2,215.36 2,323.70 2,437.46
50.34751 52.80427 55.38388 58.09247 60.93648
5171 WATER RESOURCES 113,734.33 119,421.05 125,392.10 131,661.70 138,244.78 COORDINATOR - ELECTRICAL & 9,477.86 9,951.75 10,449.34 10,971.81 11,520.40 INSTRUMENTATION 2,187.20 2,296.56 2,411.39 2,531.96 2,658.55
54.67997 57.41397 60.28466 63.29889 66.46384
5172 WATER RESOURCES 115,447.61 121,219.99 127,280.99 133,645.04 140,327.29 COORDINATOR - 9,620.63 10,101.67 10,606.75 11,137.09 11,693.94 SOURCE CONTROL* 2,220.15 2,331.15 2,447.71 2,570.10 2,698.60
55.50366 58.27884 61.19278 64.25242 67.46504
5173 WATER RESOURCES 112,594.10 118,223.80 124,134.99 130,341.74 136,858.83 COORDINATOR - 9,382.84 9,851.98 10,344.58 10,861.81 11,404.90 MAINTENANCE* 2,165.27 2,273.53 2,387.21 2,506.57 2,631.90
54.13178 56.83837 59.68028 62.66430 65.79751
EXHIBIT A
360
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5100 WR INSTRUMENT 103,503.40 108,678.57 114,112.50 119,818.13 125,809.04 CONTROL TECHNICIAN 8,625.28 9,056.55 9,509.38 9,984.84 10,484.09 1,990.45 2,089.97 2,194.47 2,304.19 2,419.40
49.76125 52.24931 54.86178 57.60487 60.48512
5110 WR LABORATORY 96,802.84 101,642.98 106,725.13 112,061.39 117,664.46 TECHNICIAN* 8,066.90 8,470.25 8,893.76 9,338.45 9,805.37 1,861.59 1,954.67 2,052.41 2,155.03 2,262.78
46.53983 48.86682 51.31016 53.87567 56.56945
5120 WR MECHANIC I* 95,143.69 99,900.87 104,895.91 110,140.71 115,647.75 7,928.64 8,325.07 8,741.33 9,178.39 9,637.31
1,829.69 1,921.17 2,017.23 2,118.09 2,224.00
45.74216 48.02926 50.43073 52.95226 55.59988
5121 WR MECHANIC II* 107,232.48 112,594.10 118,223.80 124,134.99 130,341.74 8,936.04 9,382.84 9,851.98 10,344.58 10,861.81
2,062.16 2,165.27 2,273.53 2,387.21 2,506.57
51.55408 54.13178 56.83837 59.68028 62.66430
5131 WR OPERATOR - GRADE I* 104,334.79 109,551.53 115,029.11 120,780.57 126,819.60 8,694.57 9,129.29 9,585.76 10,065.05 10,568.30
2,006.44 2,106.76 2,212.10 2,322.70 2,438.84
50.16096 52.66900 55.30246 58.06758 60.97096
5132 WR OPERATOR - GRADE II* 109,551.53 115,029.11 120,780.57 126,819.60 133,160.58 9,129.29 9,585.76 10,065.05 10,568.30 11,096.72
2,106.76 2,212.10 2,322.70 2,438.84 2,560.78
52.66900 55.30246 58.06758 60.97096 64.01951
5133 WR OPERATOR - GRADE III* 118,315.66 124,231.44 130,443.01 136,965.16 143,813.42 9,859.64 10,352.62 10,870.25 11,413.76 11,984.45
2,275.30 2,389.07 2,508.52 2,633.95 2,765.64
56.88253 59.72665 62.71299 65.84863 69.14107
5130 WR OPERATOR - TRAINEE* 90,725.90 95,262.20 100,025.31 105,026.58 110,277.91 7,560.49 7,938.52 8,335.44 8,752.22 9,189.83
1,744.73 1,831.97 1,923.56 2,019.74 2,120.73
43.61822 45.79913 48.08909 50.49355 53.01823
5134 WR SENIOR OPERATOR* 124,231.44 130,443.01 136,965.16 143,813.42 151,004.09 10,352.62 10,870.25 11,413.76 11,984.45 12,583.67
2,389.07 2,508.52 2,633.95 2,765.64 2,903.92
59.72665 62.71299 65.84863 69.14107 72.59812
5141 WR SOURCE CONTROL 109,950.10 115,447.60 121,219.98 127,280.98 133,645.03 INSPECTOR* 9,162.51 9,620.63 10,101.67 10,606.75 11,137.09 2,114.43 2,220.15 2,331.15 2,447.71 2,570.10
52.86063 55.50365 58.27884 61.19278 64.25242
5140 WR SOURCE CONTROL 93,055.10 97,707.85 102,593.24 107,722.90 113,109.04 TECHNICIAN 7,754.59 8,142.32 8,549.44 8,976.91 9,425.75 1,789.52 1,879.00 1,972.95 2,071.59 2,175.17
44.73803 46.97493 49.32367 51.78986 54.37935
EXHIBIT A
361
CLASS
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
CITY OF LIVERMORE
ASSOCIATION OF LIVERMORE EMPLOYEES
EFFECTIVE 10/06/2025
SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
5135 WR SUPERVISING 137,721.92 144,608.02 151,838.42 159,430.34 167,401.86 OPERATOR* 11,476.83 12,050.67 12,653.20 13,285.86 13,950.16 2,648.50 2,780.92 2,919.97 3,065.97 3,219.27
66.21246 69.52309 72.99924 76.64920 80.48166
4330 YOUTH SERVICES CASE 92,600.60 97,230.63 102,092.16 107,196.77 112,556.61 COORDINATOR 7,716.72 8,102.55 8,507.68 8,933.06 9,379.72 1,780.78 1,869.82 1,963.31 2,061.48 2,164.55
44.51952 46.74550 49.08277 51.53691 54.11375
*Received Market/Internal equity Adjustments
EXHIBIT A
362
CLASS SALARY RANGE @ ANNUAL, MONTHLY, WEEKLY, HRLY RATES
CODE CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
3110 POLICE OFFICER 126,894.64 133,239.37 139,901.34 146,896.41 154,241.23 10,574.55 11,103.28 11,658.45 12,241.37 12,853.44
2440.28 2562.30 2690.41 2824.93 2966.18
61.00704 64.05739 67.26026 70.62327 74.15444
3100 POLICE SERGEANT 157,895.87 165,790.66 174,080.19 182,784.20 191,923.41 13,157.99 13,815.89 14,506.68 15,232.02 15,993.62
3036.46 3188.28 3347.70 3515.08 3690.83
75.91148 79.70705 83.69240 87.87702 92.27087
3120 POLICE TRAINEE 44.44605 - - - -
(Non-Sworn)
CITY OF LIVERMORE
POLICE OFFICERS ASSOCIATION
EFFECTIVE 05/05/2025
2. LPOA May 5, 2025
7/11/2025 Page 1 of 1
EXHIBIT A
363
Class
Code Classification Monthly Salary Range
$15,314.56 - $19,143.20
2030 Assistant Community Development Director
2045 Assistant Public Works Director
2060 City Engineer
$14,246.41 - $17,808.01
2025 Assistant City Engineer
2050 Building Official
2090 Finance Manager
2125 Maintenance and Golf Operations Manager
2145 Planning Manager
2220 Water Resources Division Manager
$13,652.80 - $17,066.00
2005 Airport Manager
2095 Housing & Human Services Manager
2115 Information Technology Manager
$13,402.20 - $16,752.75
2200 Senior Transportation Engineer
$12,860.47 - $16,075.59
2140 Permit Center Manager
$12,834.62 - $16,043.27
2190 Senior Civil Engineer
$12,681.30 - $15,851.63
2040 Assistant Library Director
2070 IT Operations Manager
2165 Police Support Services Manager
2170 Principal Planner
$12,311.95 - $15,389.94
2055 City Clerk
2100 Housing Programs Manager
2105 Human Services Programs Manager
2225 Water Resources Operations Manager*
2231 Water Resources Technical Programs Manager P.E.
2240 Youth and Family Services Manager - Clinical
$12,059.41 - $15,074.26
2085 Economic Development Manager
$11,624.21 - $14,530.26
2035 Assistant Finance Manager
2120 Inspection & Neighborhood Preservation Manager
2230 Water Resources Technical Programs Manager
CITY OF LIVERMORE
MANAGEMENT SALARY SCHEDULE
$8,398 - $19,145/month
Effective July 14, 2025
EXHIBIT A
364
Class
Code Classification Monthly Salary Range
CITY OF LIVERMORE
MANAGEMENT SALARY SCHEDULE
$8,398 - $19,145/month
Effective July 14, 2025
$11,381.38 - $14,226.72
2215 Water Distribution Operations Manager
$11,049.87 - $13,812.34
2000 Accounting Supervisor
2110 Information Technology Coordinator
2195 Management Analyst, Senior
2150 Police Business Services Manager
2175 Public Works Manager
2210 Network Engineer
$10,932.58 - $13,665.73
2065 Construction Inspection Manager
$10,882.69 - $13,603.36
2155 Police Facility & Equipment Manager
$10,637.34 - $13,296.68
2006 Assistant Airport Manager
2180 Public Works Supervisor
$10,327.52 - $12,909.40
2020 Assistant City Clerk
2135 Management Analyst II
2160 Police Media & Community Relations Analyst
$9,155.01 - $11,443.76
2205 Library Manager**
$8,398.68 - $10,498.35
2080 Deputy City Clerk
2130 Management Analyst I
*Internal Equity Adjustment effective 10/6/2025
**Retitled
EXHIBIT A
365
Class
Code Classification
2405 Assistant Administrative Services Director (Conf) $15,314.56 - $19,143.20 2440 Assistant City Attorney, Senior (Confidential) $16,511.22 - $20,639.03 2442 Assistant City Attorney (Confidential) $15,314.56 - $19,143.20 2400 Assistant to the City Manager (Confidential) $13,543.31 - $16,929.14 2444 Deputy City Attorney (Confidential) $10,882.69 - $13,603.36 2420 Human Resources Manager (Confidential) $14,246.41 - $17,808.01 2450 Human Resources Analyst, Senior (Conf) $11,049.87 - $13,812.34 2411 Human Resources Analyst II (Confidential) $10,327.52 - $12,909.40 2410 Human Resources Analyst I (Confidential) $8,398.68 - $10,498.35 2460 Management Analyst, Senior (Confidential) $11,049.87 - $13,812.34 2431 Management Analyst II (Confidential) $10,327.52 - $12,909.40 2430 Management Analyst I (Confidential) $8,398.68 - $10,498.35 2465 Risk Manager (Confidential) $12,473.31 - $15,591.64
CITY OF LIVERMORE
Monthly Salary Range
Effective July 14, 2025
$8,398 - $20,640/month
MANAGEMENT CONFIDENTIAL SALARY SCHEDULE
EXHIBIT A
366
Class
Code Classifications
2600 Administrative Receptionist $5,562.90 - $6,953.62
2610 Administrative Specialist I $6,438.89 - $8,048.61
2611 Administrative Specialist II $7,241.68 - $9,052.10 2620 Executive Assistant $9,270.46 - $11,588.07
2630 Human Resources Clerk I $6,438.89 - $8,048.61
2631 Human Resources Clerk II $7,083.50 - $8,854.37
2640 Human Resources Technician $7,772.46 - $9,715.57
2650 Law Office Supervisor $9,270.46 - $11,588.07
2660 Legal Assistant $7,698.58 - $9,623.23
Monthly Salary Range
CITY OF LIVERMORE
CONFIDENTIAL SALARY SCHEDULE
$5,560 - $11,590/month
Effective July 14, 2025
EXHIBIT A
367
CITY OF LIVERMORE
POLICE MANAGEMENT SALARY SCHEDULE
$16,350 - $25,350/month
Effective July 14, 2025
Class
Code Classification Salary Range
3000 Police Captain $20,276.58 - $25,345.73
3010 Police Lieutenant $16,350.16 - $20,437.70
EXHIBIT A
368
Class
Code Classification Monthly Salary Range
1215 Administrative Services Director $16,846.32 - $21,057.90 1200 Assistant City Manager $18,172.50 - $22,715.62
1220 Community Development Director $16,846.32 - $21,057.90 1205 Deputy City Manager $14,447.69 - $18,059.62
1210 Deputy City Manager/City Clerk $14,447.69 - $18,059.62 1225 Innovation & Economic Development Dir $16,846.32 - $21,057.90 1230 Library Services Director $16,846.32 - $21,057.90
1235 Police Chief* $22,925.22 - $28,656.53
1240 Public Works Director $16,846.32 - $21,057.90
*10% Salary Adjustment effective 07/14/2025
CITY OF LIVERMORE
EXECUTIVE MANAGEMENT SALARY SCHEDULE
$16,846 - $26,052/month
Effective November 18, 2024
EXHIBIT A
369
CITY OF LIVERMORE
APPOINTED MANAGEMENT
Class
Code Classification Annual Salary Effective
1000 City Manager $370,656 11/18/2024
1100 City Attorney $315,269 11/18/2024
EXHIBIT A
370
CITY OF LIVERMORE
UNCLASSIFIED AND HOURLY SALARY SCHEDULE
Class
Code Classification Hourly Salary Range Effective Date 8200 Department Assistant $16.50 - $30.00 12/30/24
8205 Field/Maintenance Aide $16.50 - $30.00 12/30/24
8210 Law Clerk $16.50 - $26.00 12/30/24
8230 Temporary Librarian $22.00 - $32.00 01/01/24
8235 Temporary Library Assistant $20.00 - $30.00 01/01/24 8240 Temporary Library Clerk $18.00 - $28.00 01/01/24
8215 Library Aide $16.50 - $20.00 12/30/24
8220 Police Cadet $16.50 - $26.00 12/30/24
8225 Special Projects Coordinator $20.00 - $100.00 12/20/21
EXHIBIT A
371
CITY OF LIVERMORE
RETIRED ANNUITANTS
Class
Code Classification Hourly Salary Range Effective Date 8500 Retired Annuitant - Assistant City Engineer $82.19 - $102.73 07/28/25 8505 Retired Annuitant - Senior Civil Engineer $74.05 - $92.55 07/28/25 8510 Retired Annuitant - Associate Civil Engineer $64.16 - $77.65 10/06/25 8515 Retired Annuitant - Planning Manager $82.19 - $102.73 07/28/25 8525 Retired Annuitant - Senior Planner $62.91 - $76.12 10/06/25 8520 Retired Annuitant - Associate Planner $59.99 - $72.58 10/06/25 8530 Retired Annuitant - Police Officer $61.01 - $74.15 07/28/25 8535 Retired Annuitant - Public Safety Dispatcher $46.44 - $56.45 10/06/25 8540 Retired Annuitant - Senior Management Analyst $63.75 - $79.68 07/28/25 8545 Retired Annuitant - Senior Human Resources Analyst $63.75 - $79.68 07/28/25 8550 Retired Annuitant - Public Works Supervisor $61.37 - $76.71 07/28/25 8555 Retired Annuitant - Management Analyst II $59.58 - $74.47 07/28/25 8560 Retired Annuitant - Administrative Clerk I $31.89 - $38.41 10/06/25 8565 Retired Annuitant - Library Clerk $31.89 - $38.41 10/06/25
EXHIBIT A
372
CITY COUNCIL STAFF REPORT
ITEM NO. 6.16
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Aaron Lacey, Interim Fire Chief
SUBJECT:
Resolution accepting the Federal Emergency Management Agency (FEMA) 2024 Assistance to Firefighters Grant (AFG), appropriating $519,207, and entering into an agreement with FEMA to use the funds for three Emergency Medical Technicians (EMTs) to advance to the rank of Firefighter Paramedics
RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution:
1 .
Authorizing the City Manager, on behalf of and for the Livermore-Pleasanton Fire Department JPA (LPFD) in her capacity as a Joint Executive Director for LPFD, to execute any agreements and accept a $472,006 grant from FEMA; and
2 .
Authorizing appropriation of $519,207 including the $472,006 FEMA grant and $47,201 for the required match in LPFD's FY 2025-26 Operating Fund budget for the purpose of advancing EMTs to Firefighter Paramedics.
DECISION TYPE
Administrative
SUMMARY
The LPFD is seeking authorization from the City Council to accept grant funds from the Federal Emergency Management Agency (FEMA). FEMA has awarded LPFD $472,006 to provide funding for EMTs to advance to the rank of Firefighter Paramedics. The required funding match of $47,201 will be shared equally between the cities of Livermore and Pleasanton as JPA partners.
DISCUSSION
The Livermore-Pleasanton Fire Department was officially formed in 1996, to meet the needs of two neighboring communities. Since that time, demand for service has drastically increased with the influx of population and traffic on our roadways. In 2024, the department responded to 11,184 Emergency Medical Service (EMS) incidents that required paramedic intervention. EMS calls make up 65% of 373
LPFD’s total annual calls.
As the competition for paramedic-level fire service professionals has increased, it has become increasingly difficult to hire and retain paramedic-level firefighters compared to non-paramedic firefighters. One identified solution to help mitigate the dwindling pool of candidates is to train existing firefighters to become paramedics. Doing so is costly in both time and funding. Recognizing that the project is likely cost prohibitive without grant funding, the Department applied for the FEMA funded grant in December 2024. This grant will cover tuition fees, supplies, and associated personnel costs of developing three of our emergency medical technician firefighters to the paramedic level. On September 24, 2025, the department was notified that the grant was awarded in the amount of $472,006, with a matching requirement of $47,201. These funds must be used by the end of the grant term on September 29, 2027, with no financial obligation to continue the program after the performance period.
FISCAL AND ADMINISTRATIVE IMPACTS
The fiscal impact of accepting this grant is an increase of $472,006 in revenues, and increase of $519,207 in expenditures, and an increased combined contribution from Livermore and Pleasanton of $47,201 in the LPFD JPA Operating Fund (Fund 900). Staff recommend that the City Council appropriate an additional $472,006 in grant revenue and $519,207 in expenditures in the Fiscal Year 2025-26 LPFD JPA Operating budget. The terms of this grant require the LPFD to submit regular reporting to receive reimbursement of grant-related expenditures.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL CATEGORY
Goal 5: Ensure effective fire suppression, prevention, emergency medical and disaster services to meet the evolving needs of our communities and other changing conditions.
GUIDING DOCUMENT
LPFD Strategic Plan
ATTACHMENTS
1. Grant Award Letter
2. Resolution
Prepared by: Gina Eleccion
Business Manager
374
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
375
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/23/2025
Gina Eleccion
LIVERMORE PLEASANTON FIRE DEPARTMENT
3560 NEVADA ST
PLEASANTON, CA 94566
EMW-2024-FG-02986
Dear Gina Eleccion,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY)
2024 Assistance to Firefighters Grant (FG) Grant funding opportunity has been approved in the amount of $472,006.36 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $47,200.64 for a total approved budget of $519,207.00. Please see the FY 2024 FG Notice of Funding Opportunity for information on how to meet this cost share requirement.
Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:
Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2024 FG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.
Sincerely,
Stacey Street
Deputy Assistant Administrator
Grants Program Directorate
ATTACHMENT 1
376
Summary Award Memo
Program: Fiscal Year 2024 Assistance to Firefighters Grant Recipient: LIVERMORE PLEASANTON FIRE DEPARTMENT
UEI-EFT: KJN1GEH83KF3
Award number: EMW-2024-FG-02986
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Fire fighters
Grant Program's purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2024 Assistance to Fire fighters Grant funding is incorporated into
the terms and conditions of this award. This includes any documents submitted as part of the application.
Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.
The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):
ATTACHMENT 1
377
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2024 FG NOFO.
Approved request details:
Training
Object Class Total
Personnel $449,757.00
Fringe benefits $0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Contractual $69,450.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $472,006.36
Non-federal $47,200.64
Total $519,207.00
Program Income $0.00
ATTACHMENT 1
378
Paramedic
DESCRIPTION
Overtime - $107,341 Backfill - $42,578
QUANTITY UNIT PRICE TOTAL
3 $149,919.00 $449,757.00
BUDGET CLASS
Personnel
Paramedic
DESCRIPTION
Tuition for the Paramedic Training Program (includes books, fees, certifications, exams, uniforms, supplies, background check) - $16,615 CAESMA Initial License Application and National Registry Testing - $535 Field Internship Fee - $6,000
QUANTITY UNIT PRICE TOTAL
3 $23,150.00 $69,450.00
BUDGET CLASS
Contractual
ATTACHMENT 1
379
Agreement Articles
Program: Fiscal Year 2024 Assistance to Firefighters Grant Recipient: LIVERMORE PLEASANTON FIRE DEPARTMENT
UEI-EFT: KJN1GEH83KF3
Award number: EMW-2024-FG-02986
Table of contents
ATTACHMENT 1
380
Article
1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certi
fications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS Article
9 Civil Rights Act of 1964 – Title VI
Article
10 Civil Rights Act of 1968
Article
11 Communication and Cooperation with the Department of Homeland Security and Immigration O
fficials
Article
12 Copyright
Article
13 Debarment and Suspension
Article
14 Drug-Free Workplace Regulations
Article
15 Duplicative Costs
Article
16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
17 Energy Policy and Conservation Act
Article
18 Equal Treatment of Faith-Based Organizations
Article
19 Anti-Discrimination
Article
20 False Claims Act and Program Fraud Civil Remedies
Article
21 Federal Debt Status
Article
22 Federal Leadership on Reducing Text Messaging while Driving Article
23 Fly America Act of 1974
Article
24 Hotel and Motel Fire Safety Act of 1990
Article
25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 ATTACHMENT 1
381
Article
26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
27 Lobbying Prohibitions
Article
28 National Environmental Policy Act
Article
29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254 Article
30 Non-Supplanting Requirement
Article
31 Notice of Funding Opportunity Requirements
Article
32 Patents and Intellectual Property Rights
Article
33 Presidential Executive Orders
Article
34 Procurement of Recovered Materials
Article
35 Rehabilitation Act of 1973
Article
36 Reporting Recipient Integrity and Performance Matters Article
37 Reporting Subawards and Executive Compensation
Article
38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
39 SAFECOM
Article
40 Subrecipient Monitoring and Management
Article
41 System for Award Management and Unique Entity Identifier Requirements Article
42 Termination of a Federal Award
Article
43 Terrorist Financing
Article
44 Trafficking Victims Protection Act of 2000(TVPA)
Article
45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56 Article
46 Use of DHS Seal, Logo and Flags
Article
47 Whistleblower Protection Act
Article
48 Environmental Planning and Historic Preservation (EHP) Review Article
49 Applicability of DHS Standard Terms and Conditions to Tribal Nations Article
50 Acceptance of Post Award Changes
ATTACHMENT 1
382
Article
51 Disposition of Equipment Acquired Under the Federal Award Article
52 Prior Approval for Modification of Approved Budget
Article
53 Indirect Cost Rate
Article
54 Build America, Buy America Act (BABAA) Required Contract Provision & Self- Certi
fication
Article
55 Award Performance Goals
Article
56 Non-Applicability of Specific Agreement Articles
Article
57 Payment Information (Updated)
Article
58 Termination of the Federal Award (Updated)
Article
59 Non-Applicability of Specific Agreement Articles
ATTACHMENT 1
383
Article 1 Assurance, Administrative Requirements, Cost Principles, Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program and the DHS
financial assistance office (DHS FAO) may require
applicants to certify additional assurances. Applicants are required to fill out the assurances, as instructed.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in e
ffect as of the federal award date and located in Title 2, Code of Federal Regulations, Part 200 and adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must acknowledge and agree to provide DHS access to records, accounts, documents, information, facilities, and sta
ff pursuant to 2 C.F.R. § 200.337. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal award and permit access to facilities and personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS o
fficials and maintain appropriate
backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements required by law, federal regulation, Notice of Funding Opportunity, federal award speci
fic terms and conditions, and/or DHS Component program
guidance. Organization costs related to data and evaluation are allowable. The de
finition of data and evaluation costs is in 2 C.F.R. § 200.455(c), the full text of which is incorporated by reference. V. Recipients must complete DHS Form 3095 within 60 days of receipt of the Notice of Award for the first award under
which this term applies. For further instructions and to access the form, please visit: https://www.dhs.gov/civil-rightsresources-recipients-dhs- financial-
assistance.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal award funds.
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when performing project activities outside the United States obtain all appropriate licenses, permits, or approvals.
ATTACHMENT 1
384
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (codified as amended at Title 42, U.S. Code § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal
financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codi fied as
amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable Information
(1) Recipients who collect personally identifiable information (PII) as part of carrying out the scope of work under a federal award are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. (2) De
finition. DHS defines “PII” as any
information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual.
Recipients may also
find the DHS Privacy Impact Assessments: Privacy
Guidance and Privacy Template as useful resources respectively.
ATTACHMENT 1
385
Article 8 CHIPS and Science Act of 2022, Public Law 117-167 CHIPS (1) Recipients of DHS research and development (R&D) awards must report to the DHS Component research program office any finding or determination of sex based and sexual harassment and/or an administrative or disciplinary action taken against principal investigators or co-investigators to be completed by an authorized organizational representative (AOR) at the recipient institution. (2) Noti
fication. An AOR must disclose the following information to agencies within 10 days of the date/the finding is made, or 10 days from when a recipient imposes an administrative action on the reported individual, whichever is sooner. Reports should include: (a) Award number, (b) Name of PI or Co-PI being reported, (c) Awardee name, (d) Awardee address, (e) AOR name, title, phone, and email address, (f) Indication of the report type: (i) Finding or determination has been made that the reported individual violated awardee policies or codes of conduct, statutes, or regulations related to sexual harassment, sexual assault, or other forms of harassment, including the date that the
finding was made. (ii) Imposition of an administrative or disciplinary action by the recipient on the reporting individual related to a finding/determination or an investigation of an alleged violation of recipient policy or codes of conduct, statutes, or regulations, or other forms of harassment. (iii) The date and nature of the administrative/disciplinary action, including a basic explanation or description of the event, which should not disclose personally identi
fiable information regarding any complaints or
individuals involved. Any description provided must be consistent with the Family Educational Rights in Privacy Act. (3) De
finitions. (a) An “authorized
organizational representative (AOR)” is an administrative official who, on behalf of the proposing institution, is empowered to make certifications and representations and can commit the institution to the conduct of a project that an agency is being asked to support as well as adhere to various agency policies and award requirements. (b) “Principal investigators and co-principal investigators” are award personnel supported by a grant, cooperative agreement, or contract under Federal law. (c) A “reported individual” refers to recipient personnel who have been reported to a federal agency for potential sexual harassment violations. (d) “Sex based harassment” means a form of sex discrimination and includes harassment based on sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. (e) “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly a
ffects an individual’ s
employment, unreasonably interferes with an individual’ s work performance, or creates an intimidating, hostile, or offensive work environment, whether such activity is carried out by a supervisor or by a co-worker, volunteer, or contractor.
ATTACHMENT 1
386
Article 9 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the bene
fits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 7.
Article 10 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L.
No. 90284 (codi
fied as amended at 42 U.S.C. § 3601 et seq.) which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection. therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex, as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-
floor units in buildings without elevators)
—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)
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Article 11 Communication and Cooperation with the Department of Homeland Security and Immigration Officials
(1) All recipients and other recipients of funds under this award must agree that they will comply with the following requirements related to coordination and cooperation with the Department of Homeland Security and immigration o
fficials: (a) They must comply with the requirements of 8 U.S.C. §§ 1373 and 1644. These statutes prohibit restrictions on information sharing by state and local government entities with DHS regarding the citizenship or immigration status, lawful or unlawful, of any individual. Additionally, 8 U.S.C. § 1373 prohibits any person or agency from prohibiting, or in any way restricting, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status of any individual: 1) sending such information to, or requesting or receiving such information from, Federal immigration o
fficials; 2) maintaining such information; or 3) exchanging such information with any other Federal, State, or local government entity; (b) They must comply with other relevant laws related to immigration, including prohibitions on encouraging or inducing an alien to come to, enter, or reside in the United States in violation of law, 8 U.S.C. § 1324(a)(1)(A)(iv), prohibitions on transporting or moving illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(ii), prohibitions on harboring, concealing, or shielding from detection illegal aliens, 8 U.S.C. § 1324(a)(1)(A)(iii), and any applicable conspiracy, aiding or abetting, or attempt liability regarding these statutes; (c) That they will honor requests for cooperation, such as participation in joint operations, sharing of information, or requests for short term detention of an alien pursuant to a valid detainer. A jurisdiction does not fail to comply with this requirement merely because it lacks the necessary resources to assist in a particular instance; (d) That they will provide access to detainees, such as when an immigration o fficer seeks to
interview a person who might be a removable alien; and (e) That they will not leak or otherwise publicize the existence of an immigration enforcement operation. (2) The recipient must certify under penalty of perjury pursuant to 28 U.S.C. § 1746 and using a form that is acceptable to DHS, that it will comply with the requirements of this term. Additionally, the recipient agrees that it will require any subrecipients or contractors to certify in the same manner that they will comply with this term prior to providing them with any funding under this award. (3) The recipient agrees that compliance with this term is material to the Government’s decision to make or continue with this award and that the Department of homeland Security may terminate this grant, or take any other allowable enforcement action, if the recipient fails to comply with this term.
Article 12 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
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Article 13 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689 set forth at 2 C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations prohibit recipients from entering into covered transactions (such as subawards and contracts) with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
Article 14 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of the Drug- Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Article 15 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be included as a cost or used to meet cost sharing requirements of any other federal award in either the current or a prior budget period. See 2 C.F.R. § 200.403(f). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal award terms and conditions.
Article 16 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. No. 92-318 (codi
fied as amended at 20 U.S.C. §
1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the bene fits of, or be
subjected to discrimination under any educational program or activity receiving federal
financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17. Recipients of a federal award from the Federal Emergency Management Agency (FEMA) must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.
Article 17 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. No. 94-163 (1975) (codi
fied as amended at 42
U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
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Article 18 Equal Treatment of Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to bene
ficiaries. Recipients must comply with the equal
treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statutes, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs.
Article 19 Anti-Discrimination
Recipients must comply with all applicable Federal anti-discrimination laws material to the government’s payment decisions for purposes of 31 U.S.C. § 372(b)(4). (1) De
finitions. As used in this clause – (a) DEI means “diversity, equity, and inclusion.” (b) DEIA means “diversity, equity, inclusion, and accessibility.” (c) Discriminatory equity ideology has the meaning set forth in Section 2(b) of Executive Order 14190 of January 29, 2025. (d) Federal anti- discrimination laws mean Federal civil rights law that protect individual Americans from discrimination on the basis of race, color, sex, religion, and national origin. (e) Illegal immigrant means any alien, as de fined in 8 U.S.C. §
1101(a)(3), who has no lawful immigration status in the United States.(2) Grant award certi
fication. (a) By accepting the grant award, recipients are certifying that: (i) They do not, and will not during the term of this financial assistance award, operate any programs that advance or promote DEI, DEIA, or discriminatory equity ideology in violation of Federal anti-discrimination laws; and (ii) They do not engage in and will not during the term of this award engage in, a discriminatory prohibited boycott. (iii) They do not, and will not during the term of this award, operate any program that bene fits illegal
immigrants or incentivizes illegal immigration. (3) DHS reserves the right to suspend payments in whole or in part and/or terminate
financial assistance
awards if the Secretary of Homeland Security or her designee determines that the recipient has violated any provision of subsection (2). (4) Upon suspension or termination under subsection (3), all funds received by the recipient shall be deemed to be in excess of the amount that the recipient is determined to be entitled to under the Federal award for purposes of 2 C.F.R. § 200.346. As such, all amounts received will constitute a debt to the Federal Government that may be pursued to the maximum extent permitted by law.
Article 20 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§ 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
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Article 21 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and bene
fit overpayments. See OMB Circular A-
129.
Article 22 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving recipient-owned, recipient-rented, or privately owned vehicles when on o
fficial government business or when performing any work for or on behalf of the Federal Government. Recipients are also encouraged to conduct the initiatives of the type described in Section 3(a) of Executive Order 13513.
Article 23 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certi
fied air carriers can be found at: Certificated Air Carriers List | US Department of Transportation, https://www.transportation.gov/policy/aviation- policy/certi
ficated-aircarriers-list)for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
Article 24 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded entirely or in part by federal award funds complies with the fire
prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a.
Article 25 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
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Article 26 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal
financial assistance take
reasonable steps to provide meaningful access to persons with limited English pro
ficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help- department-supported-organizationsprovide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
Article 27 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide that none of the funds provided under a federal award may be expended by the recipient to pay any person to in
fluence, or attempt to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modi fication.
Per 6 C.F.R. Part 9, recipients must file a lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or available on Grants.gov as the Grants.gov Lobbying Form and
file a lobbying disclosure form as described in
Appendix B to 6 C.F.R. Part 9 or available on Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
Article 28 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, Pub. L. No. 91-190 (1970) (codi
fied as amended at 42
U.S.C. § 4321 et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and ful
fill the social, economic, and other needs of present and future generations of Americans.
Article 29 National Security Presidential Memorandum-33 (NSPM-33) and provisions of the CHIPS and Science Act of 2022, Pub. L. 117-167, Section 10254
(1) Recipient research institutions (“covered institutions”) must comply with the requirements in NSPM-33 and provisions of Pub. L.117-167, Section 10254 (codi
fied at 42 U.S.C. § 18951) certifying that the institution has established and operates a research security program that includes elements relating to:
(a) cybersecurity; (b) foreign travel security; (c) research security training; and (d) export control training, as appropriate. (2) De
finition. “Covered institutions”
means recipient research institutions receiving federal Research and Development (R&D) science and engineering support “in excess of $50 million per year.”
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Article 30 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must ensure that federal funds supplement but do not supplant non-federal funds that, in the absence of such federal funds, would otherwise have been made available for the same purpose.
Article 31 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this federal award are incorporated by reference. All recipients must comply with any such requirements set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms and conditions and any such terms of the federal award, the condition in the NOFO shall be invalid to the extent of the inconsistency. The remainder of that condition and all other conditions set forth in the NOFO shall remain in e
ffect.
Article 32 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonpro
fit Organizations and Small Business
Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
Article 33 Presidential Executive Orders
Recipients must comply with the requirements of Presidential Executive Orders related to grants (also known as federal assistance and financial
assistance), the full text of which are incorporated by reference.
Article 34 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codi
fied as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962) and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
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Article 35 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the bene
fits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance.
Article 36 Reporting Recipient Integrity and Performance Matters If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of the federal award, then the recipient must comply with the requirements set forth in the government-wide federal award term and condition for Recipient Integrity and Performance Matters is in 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by reference.
Article 37 Reporting Subawards and Executive Compensation For federal awards that total or exceed $30,000, recipients are required to comply with the requirements set forth in the government-wide federal award term and condition on Reporting Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated by reference.
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Article 38 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
(1) Recipients of a federal award from a financial assistance program that provides funding for infrastructure are hereby notified that none of the funds provided under this federal award may be used for a project for infrastructure unless: (a) all iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) all manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. (2) The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or a
ffixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the
finished infrastructure project but are not an
integral part of the structure or permanently affixed to the infrastructure project. (3) Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. (a) When the Federal agency has determined that one of the following exceptions applies, the federal awarding o
fficial may waive the
application of the domestic content procurement preference in any case in which the agency determines that: (i) applying the domestic content procurement preference would be inconsistent with the public interest; (ii) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in su
fficient and reasonably available quantities
or of a satisfactory quality; or (iii) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. (b) A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America O
ffice. (c) There may be instances where a
federal award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. (4) De
finitions. The definitions applicable to this
term are set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.
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Article 39 SAFECOM
Recipients receiving federal awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. The SAFECOM Guidance is updated annually and can be found at Funding and Sustainment | CISA.
Article 40 Subrecipient Monitoring and Management
Pass-through entities must comply with the requirements for subrecipient monitoring and management as set forth in 2 C.F.R. §§ 200.331-333.
Article 41
System for Award Management and Unique Entity Identifier Requirements
Recipients are required to comply with the requirements set forth in the governmentwide federal award term and condition regarding the System for Award Management and Unique Entity Identi
fier Requirements in 2 C.F.R. Part
25, Appendix A, the full text of which is incorporated reference.
Article 42 Termination of a Federal Award
(1) By DHS. DHS may terminate a federal award, in whole or in part, for the following reasons: (a) If the recipient fails to comply with the terms and conditions of the federal award; (b) With the consent of the recipient, in which case the parties must agree upon the termination conditions, including the e
ffective date, and in the case of partial termination, the portion to be terminated; or (c) Pursuant to the terms and conditions of the federal award, including, to the extent authorized by law, if the federal award no longer e
ffectuates the program goals or agency priorities. (3) By the Recipient. The recipient may terminate the federal award, in whole or in part, by sending written noti
fication to DHS stating the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if DHS determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, DHS may terminate the federal award in its entirety. (4) Notice.
Either party will provide written notice of intent to terminate for any reason to the other party no less than 30 calendar days prior to the e ffective date of the
termination. (5) Compliance with Closeout Requirements for Terminated Awards. The recipient must continue to comply with closeout requirements in 2 C.F.R. §§ 200.344200.345 after an award is terminated.
Article 43 Terrorist Financing
Recipients must comply with Executive Order 13224 and applicable statutory prohibitions on transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible for ensuring compliance with the Executive Order and laws.
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Article 44 Trafficking Victims Protection Act of 2000(TVPA) Recipients must comply with the requirements of the government-wide federal award term and condition which implements Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The federal award term and condition is in 2 C.F.R. § 175.105, the full text of which is incorporated by reference.
Article 45 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 107-56
Recipients must comply with the requirements of Pub. L. 107-56, Section 817 of the USA PATRIOT Act, which amends 18 U.S.C. §§ 175–175c.
Article 46 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of
flags, or likenesses of DHS agency
officials. This includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.
Article 47 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections in 10 U.S.C § 470141 U.S.C. § 4712.
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Article 48 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that could have an impact on the environment are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; Endangered Species Act; National Historic Preservation Act of 1966, as amended; Clean Water Act; Clean Air Act; National Flood Insurance Program regulations; and any other applicable laws, regulations and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website. Speci fic
applicant guidance on how to submit information for EHP review depends on the individual grant program. Applicants should contact their grant Program O
fficer to be put into contact with EHP staff responsible for assisting their specific grant program. The FEMA EHP review process must be completed before funds are released to carry out the proposed project, otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. DHS/FEMA may also need to perform a project closeout review to ensure the applicant complied with all required EHP conditions identi
fied in the initial review. If ground
disturbing activities occur during construction, the applicant will monitor the ground disturbance, and if any potential archaeological resources are discovered, the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. EO 11988, Floodplain Management, and EO 11990, Protection of Wetlands, require that all federal actions in or a
ffecting the floodplain or wetlands be reviewed for opportunities to relocate, and be evaluated for social, economic, historical, environmental, legal, and safety considerations. FEMA’s regulations at 44 C.F.R. Part 9 implement the EOs and require an eight-step review process if a proposed action is in a
floodplain or wetland or has the potential to affect or be affected by a floodplain or wetland. The regulation also requires that the federal agency provide public notice of the proposed action at the earliest possible time to provide the opportunity for public involvement in the decision-making process (44 C.F.R. § 9.8). Where there is no opportunity to relocate the federal action, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages to the
floodplain or wetland.
Article 49 Applicability of DHS Standard Terms and Conditions to Tribal Nations The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and
flow down to sub-recipients as a
matter of law, regulation, or executive order. If the requirement does not apply to Tribal Nations, or there is a federal law or regulation exempting its application to Tribal Nations, then the acceptance by Tribal Nations, or acquiescence to DHS Standard Terms and Conditions does not change or alter its inapplicability to a Tribal Nation. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribal Nations where it does not already exist.
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Article 50 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made, or if an administrative change must be made to the award package, recipients will be noti
fied of the change in writing. Once the notification has
been made, any subsequent requests for funds will indicate recipient acceptance of the changes to the award. Please email FEMA Grant Management Operations at: [email protected] for any questions.
Article 51 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the non-state recipient or subrecipient (including subrecipients of a State or Tribal Nation), must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313(e). State recipients must follow the disposition requirements in accordance with State laws and procedures. 2 C.F.R. section 200.313(b). Tribal Nations must follow the disposition requirements in accordance with Tribal laws and procedures noted in 2 C.F.R. section 200.313(b); and if such laws and procedures do not exist, then Tribal Nations must follow the disposition instructions in 2 C.F.R. section 200.313(e).
Article 52
Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, a written request must be submitted and approved by FEMA as required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(i) regarding the transfer of funds among direct cost categories, programs, functions, or activities. For awards with an approved budget where the federal share is greater than the simpli
fied acquisition threshold (currently
$250,000) and where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved, transferring funds among direct cost categories, programs, functions, or activities is unallowable without prior written approval from FEMA. For purposes of awards that support both construction and non-construction work, 2 C.F.R. section 200.308((f)(9) requires the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. Any deviations from a FEMA approved budget must be reported in the
first Federal Financial Report (SF-425) that is submitted following any budget deviation, regardless of whether the budget deviation requires prior written approval.
Article 53 Indirect Cost Rate
2 C.F.R. section 200.211(b)(16) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for the award is stated in the budget documents or other materials approved by FEMA and included in the award
file.
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Article 54 Build America, Buy America Act (BABAA) Required Contract Provision & Self-Certification
In addition to the DHS Standard Terms & Conditions regarding Required Use of American Iron, Steel, Manufactured Products, and Construction Materials, recipients and subrecipients of FEMA
financial assistance for programs that
are subject to BABAA must include a Buy America preference contract provision as noted in 2 C.F.R. section 184.4 and a self-certi fication as required
by the FEMA Buy America Preference in FEMA Financial Assistance Programs for Infrastructure (FEMA Interim Policy #207-22-0001). This requirement applies to all subawards, contracts, and purchase orders for work performed, or products supplied under the FEMA award subject to BABAA.
Article 55 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its
final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.
Article 56 Non-Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Articles do not apply to this grant award:
1. Communication and Cooperation with the Department of Homeland Security and Immigration O
fficials.
2. Paragraph (2)(a)(iii) of Anti-Discrimination.
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Article 57 Payment Information (Updated)
Recipients will submit payment requests in FEMA GO for FY25 awards under this program.
Instructions to Grant Recipients Pursuing Payments
FEMA reviews all grant payments and obligations to ensure allowability in accordance with 2 C.F.R. § 200.305. These measures ensure funds are disbursed appropriately while continuing to support and prioritize communities who rely on FEMA for assistance. Once a recipient submits a payment request in FEMA GO, FEMA will review the request. If FEMA approves a payment, it will process the payment through FEMA GO and the payment will be delivered pursuant to the recipients SAM.gov
financial information. If FEMA disapproves
a payment, FEMA will inform the recipient.
Processing and Payment Timeline
FEMA must comply with regulations governing payments to grant recipients.
See 2 C.F.R. § 200.305. For grant recipients other than States, 2 C.F.R. § 200.305(b)(3) stipulates that FEMA is to make payments on a reimbursement basis within 30 days after receipt of the payment request, unless FEMA reasonably believes the request to be improper. For state recipients, 2 C.F.R. § 200.305(a) instructs that federal grant payments are governed by Treasury- State Cash Management Improvement Act (CMIA) agreements ("Treasury- State agreement") and default procedures codi
fied at 31 C.F.R. part 205 and
Treasury Financial Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies." See 2 C.F.R. § 200.305(a).
Treasury-State agreements generally apply to "major federal assistance programs" that are governed by 31 C.F.R. part 205, subpart A and are identi
fied in the Treasury-State agreement. 31 C.F.R. §§ 205.2, 205.6. Where a federal assistance (grant) program is not governed by subpart A, payment and funds transfers from FEMA to the state are subject to 31 C.F.R. part 205, subpart B. Subpart B requires FEMA to "limit a funds transfer to a state to the minimum amounts needed by the state and must time the disbursement to be in accord with the actual, immediate cash requirements of the state in carrying out a federal assistance program or project. The timing and amount of funds transfers must be as close as is administratively feasible to a state's actual cash outlay for direct program costs and the proportionate share of any allowable indirect costs." 31 C.F.R. § 205.33(a). Nearly all FEMA grants are not "major federal assistance programs." As a result, payments to states for those grants are subject to the "default" rules of 31 C.F.R. part 205, subpart B.
If additional information is needed, a request for information will be issued by FEMA to the recipient; recipients are strongly encouraged to respond to any additional FEMA request for information inquiries within three business days. If an adequate response is not received, the request may be denied, and the entity may need to submit a new reimbursement request; this will re-start the 30-day timeline.
ATTACHMENT 1
401
Submission Process
All non-disaster grant program reimbursement requests must be reviewed and approved by FEMA prior to drawdowns.
For all non-disaster reimbursement requests (regardless of system), please ensure submittal of the following information:
1. Grant ID / Award Number
2. Total amount requested for drawdown
3. Purpose of drawdown and timeframe covered (must be within the award performance period)
4. Subrecipient Funding Details (if applicable).
• Is funding provided directly or indirectly to a subrecipient? • If no, include statement "This grant funding is not being directed to a subrecipient."
• If yes, provide the following details:
• The name, mission statement, and purpose of each subrecipient receiving funds, along with the amount allocated and the specific role or activity being reimbursed.
• Whether the subrecipient’s work or mission involves supporting aliens, regardless of whether FEMA funds support such activities. • Whether the payment request includes an activity involving support to aliens? • Whether the subrecipient has any diversity, equity, and inclusion practices.
5. Supporting documentation to demonstrate that expenses are allowable, allocable, reasonable, and necessary under 2 C.F.R. Part 200 and in compliance with the grant’s NOFO, award terms, and applicable federal regulations.
ATTACHMENT 1
402
Article 58 Termination of the Federal Award (Updated)
1. Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 sets forth a term and condition entitled “Termination of a Federal Award. ” The
termination provision condition listed below applies to the grant award and the term and condition in Paragraph C.XL of the FY 2025 DHS Standard Terms and Conditions, v.3 does not.
2. Termination of the Federal Award by FEMA
FEMA may terminate the federal award in whole or in part for one of the following reasons identified in 2 C.F.R. § 200.340:
a. If the recipient or subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the recipient, in which case FEMA and the recipient must agree upon the termination conditions. These conditions include the e
ffective date and, in the case of partial termination, the portion to be terminated.
c. If the federal award no longer effectuates the program goals or agency priorities. Under this provision, FEMA may terminate the award for these purposes if any of the following reasons apply:
i. If DHS/FEMA, in its sole discretion, determines that a specific award objective is ineffective at achieving program goals as described in this NOFO; ii. If DHS/FEMA, in its sole discretion, determines that an objective of the award as described in this NOFO will be ine
ffective at achieving program goals
or agency priorities;
iii. If DHS/FEMA, in its sole discretion, determines that the design of the grant program is
flawed relative to program goals or agency priorities;
iv. If DHS/FEMA, in its sole discretion, determines that the grant program is not aligned to either the DHS Strategic Plan, the FEMA Strategic Plan, or successor policies or documents;
v. If DHS/FEMA, in its sole discretion, changes or re-evaluates the goals or priorities of the grant program and determines that the award will be ine ffective
at achieving the updated program goals or agency priorities; or vi. For other reasons based on program goals or agency priorities described in the termination notice provided to the recipient pursuant to 2 C.F.R. § 200.341. vii. If the awardee falls out of compliance with the Agency’ s statutory or
regulatory authority, award terms and conditions, or other applicable laws.
3. Termination of a Subaward by the Pass-Through Entity ATTACHMENT 1
403
The pass-through entity may terminate a subaward in whole or in part for one of the following reasons identified in 2 C.F.R. § 200.340:
a. If the subrecipient fails to comply with the terms and conditions of the federal award.
b. With the consent of the subrecipient, in which case the pass-through entity and the subrecipient must agree upon the termination conditions. These conditions include the e
ffective date and, in the case of partial termination, the portion to be terminated.
c. If the pass-through entity’s award has been terminated, the pass-through recipient will terminate its subawards.
4. Termination by the Recipient or Subrecipient
The recipient or subrecipient may terminate the federal award in whole or in part for the following reasons identified in 2 C.F.R. § 200.340: Upon sending FEMA or the pass-through entity a written notification of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if FEMA or the pass-through entity determines that the remaining portion of the federal award will not accomplish the purposes for which the federal award was made, FEMA or the pass- through entity may terminate the federal award in its entirety.
5. Impacts of Termination
a. When FEMA terminates the federal award prior to the end of the period of performance due to the recipient’s material failure to comply with the terms and conditions of the federal award, FEMA will report the termination in SAM.gov in the manner described at 2 C.F.R. § 200.340(c).
b. When the federal award is terminated in part or its entirety, FEMA or the pass-through entity and the recipient or subrecipient remain responsible for compliance with the requirements in 2 C.F.R. §§ 200.344 and 200.345.
6. Notification Requirements
FEMA or the pass-through entity must provide written notice of the termination in a manner consistent with 2 C.F.R. § 200.341. The federal award will be terminated on the date of the noti
fication unless stated otherwise in the
notification.
7. Opportunities to Object and Appeals
Where applicable, when FEMA terminates the federal award, the written noti
fication of termination will provide the opportunity, and describe the process, to object and provide information challenging the action, pursuant to 2 C.F.R. § 200.342.
8. Effects of Suspension and Termination
ATTACHMENT 1
404
The allowability of costs to the recipient or subrecipient resulting from financial obligations incurred by the recipient or subrecipient during a suspension or after the termination of a federal award are subject to 2 C.F.R. § 200.343.
Article 59 Non-Applicability of Specific Agreement Articles Notwithstanding their inclusion in this award package, the following Agreement Article does not apply to this grant award:
Termination of a Federal Award
The intent of this provision is to clarify that Paragraph C.XL (Termination of a Federal Award) of the FY 2025 DHS Standard Terms and Conditions does not apply to this award. Instead, the Agreement Article titled “Termination of the
Federal Award”, or “Termination of the Federal Award (Updated)” applies to this grant award.
ATTACHMENT 1
405
Obligating document
1. Agreement
No.
EMW-2024-FG-
02986
2. Amendment
No.
N/A
3. Recipient
No.
946000359
4. Type of
Action
AWARD
5. Control No.
WX02143N2025T
6. Recipient Name and
Address
LIVERMORE PLEASANTON
FIRE DEPARTMENT
3560 NEVADA ST
PLEASANTON, CA 94566
7. Issuing FEMA Office
and Address
Grant Programs
Directorate
500 C Street, S.W.
Washington DC, 20528-
7000
1-866-927-5646
8. Payment Office
and Address
FEMA, Financial
Services Branch
500 C Street, S.W.,
Room 723
Washington DC, 20742
9. Name of Recipient
Project O
fficer
Gina Eleccion
9a. Phone
No.
9259187597
10. Name of FEMA Project
Coordinator
Assistance to Firefighters
Grant Program
10a. Phone
No.
1-866-274-
0960
11. Effective Date of
This Action
09/23/2025
12. Method of
Payment
OTHER - FEMA
GO
13. Assistance
Arrangement
COST SHARING
14. Performance
Period
09/30/2025
to
09/29/2027
Budget Period
09/30/2025
to
09/29/2027
15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listing No.
Accounting
Data
(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action
+ or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
FG 97.044
2025-FF-
GB01 -
P410-xxxx-
4101-D
$0.00 $472,006.36$472,006.36$47,200.64
Totals$0.00 $472,006.36$472,006.36$47,200.64
b. To describe changes other than funding data or financial changes, attach schedule and check here:
N/A
16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements ATTACHMENT 1
406
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title)
Stacey Street, Deputy Assistant Administrator Grants Program Directorate
DATE
09/23/2025
ATTACHMENT 1
407
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ACCEPTING THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 2024 ASSISTANCE TO FIREFIGHTERS GRANT (AFG) IN THE AMOUNT OF $472,006 AND APPROPRIATING $519,207 IN THE LIVERMORE-PLEASANTON FIRE
DEPARTMENT JOINT POWERS AUTHORITY (LPFD JPA) OPERATING BUDGET FOR FISCAL YEAR 2025-26
The community demand for Advanced Life Support (ALS) levels of service provided by paramedics has significantly increased; and
The FEMA 202 4 Assistance to Firefighters Grant provides funding to enhance the skills of the LPFD’s workforce and provides an opportunity to meet the growing demand for ALS services within the community; and
The Federal Emergency Management Agency (FEMA) has awarded LPFD the 2024 Assistance to Firefighters Grant (AFG) for a $ 519,207 project to provide training for emergency medical technicians (EMTs); and
This grant has been approved by FEMA for $ 472,006 in Federal funding. As a condition of this grant, LPFD is required to contribute non-Federal funds equal to 10% of the Federal funds awarded, or $47,201, for a total project cost of $519,207; and
The 10% match of Federal funds, or $47,201, will be shared equally between the cities of Livermore and Pleasanton, as LPFD JPA partners.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:
1. Authorizes LPFD to accept the grant funds from Federal Emergency Management Agency (FEMA) in the amount of $472,006.
2. Authorizes the City Manager , on behalf of LPFD in her capacity as a Joint Executive Director for LPFD, and the Administrative Services Director, on behalf of LPFD in her capacity as the Treasurer for LPFD, to execute a grant agreement between LPFD and FEMA.
3. Authorizes the appropriation of $472,006 in grant revenues and $519,207 in grant expenditures in the LPFD JPA Operating Budget for Fiscal Year 202 5-26 to train existing EMTs to become firefighter paramedics.
4. Authorizes the City Manager, both in her capacity as the City Manager of the City of Livermore and as a Joint Executive Director for LPFD, to take whatever actions are necessary and appropriate to carry out the p urpose and intent of this resolution , including approving minor changes to the proposed grant agreement. 408
2 RESOLUTION NO. ________
On motion of Council Member __________, seconded by Council Member ___________, the foregoing resolution was passed and adopted on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
________________________ /s/ Daniel R. Gonzales
Deborah Elam Daniel R. Gonzales
City Clerk Deputy City Attorney
409
CITY COUNCIL STAFF REPORT
ITEM NO. 7.1
DATE:
October 13, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Adoption of an ordinance amending and revising the Building Code, Property Maintenance Code, Fire Code, Electrical Code, Mechanical Code, Plumbing Code, Residential Code, Swimming Pool and Spa Code, Wildland Urban Interface Code, and the Green Building Standards Codes in the City's Municipal Code, to adopt by reference and amend the 2025 California Building Standards Code and the codes set forth therein.
No amendments are proposed to the California Residential Code or other codes currently governing residential structures. All provisions related to residential construction remain substantially similar to current regulations, with only editorial revisions that do not affect regulatory requirements.
RECOMMENDED ACTION
Staff recommends the City Council
adopt an ordinance
, with an effective date of January 1, 2026:
1 .
Revising and amending Chapter 15.02 (Building Code), 15.04 (Property Maintenance Code),
15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.12 (Plumbing Code),
15.14 (Residential Code), 15.26 (Green Building Standards Code), 15.92 (Swimming Pool and Spa Code), and 15.94 (Wildland Urban Interface Code) in The Livermore Municipal Code. 2 .
Adopting new Chapters 15.02 (Building Code), 15.06 (Fire Code), 15.08 (Electrical Code), 15.10 (Mechanical Code), 15.14 (Residential Code), 15.26 (Green Building Standards Code), and 15.94 (Wildland Urban Interface Code) of the Livermore Municipal Code by adopting and amending the 2025 Editions of the California Building, Fire, Electrical, Mechanical, Plumbing, Residential, Wildland Urban Interface, and Green Building Standards Codes. 3 .
Adopting new Chapter 15.04 (Property Maintenance Code) and 15.92 (Swimming Pool and Spa Code), of the Livermore Municipal Code by adopting and amending the 2024 edition of the International Property Maintenance Code and the 2024 edition of the International Swimming Pool and Spa Code.
4 .
Find that all codes adopted herein related to residential structures are “substantially similar” to the
one currently in place and the Residential Code will not be amended before June 2031 in compliance with AB 130 and AB 306.
DECISION TYPE
410
Legislative
SUMMARY
This item represents the second reading of Consent Calendar Item 6.4, which was first introduced at the September 8 Council meeting. The information presented is identical to the original item.
State law mandates all local jurisdictions enforce the California State Building Standards (Title 24 of the California Code of Regulations) in the construction and maintenance of all buildings and structures.
These standards include provisions of the nationally recognized model Building, Fire, Electrical, Mechanical and Plumbing Codes. These standards are updated on a triennial basis. The City currently enforces the 2022 California Building Standards Code. The State recently published the 2025 version of the Codes; per State law, local jurisdictions must enforce these codes with an effective date of January 1, 2026. Local amendments are permitted if they are no less restrictive than the State Code and are determined to be reasonably necessary in order to meet local climatic, geological, topographical, and environmental conditions.
This proposed ordinance amends and revises the old codes and amends and adopts the new 2025 California Building Standards Code. In addition, staff has identified a few minor administrative amendments within the Building, Fire, Electrical, and Residential codes that help to clarify the intent of pertinent code sections. These minor amendments are consistent with amendments made in previous code adoptions. Exhibit K highlights notable amendments to the code.
The recent passage of Assembly Bills AB 130 and AB 306 have placed a moratorium on local amendments to the Residential Code until 2031. This code adoption does not include any new local amendments to the Residential Code or Green Building Standards Code; it is “substantially similar” to
the one in place.
DISCUSSION
Under State law, various State agencies have statutory authority to develop building standards, also known as building codes. These standards are updated every three years and are adopted into Title 24 of the California Code of Regulations through the California Building Standards Commission. The California Building Standards are based primarily on model codes developed by national code development organizations known as the International Code Council (Building, Fire, Residential, Swimming Pool and Spa, Wildland Urban Interface, and Property Maintenance Codes), the National Fire Protection Association (Electrical Code), and the International Association of Plumbing and Mechanical Officials (Plumbing and Mechanical Codes). The one exception to this is the Green Building Standards Code, which is developed in its entirety by the State.
As with the State Building standards, the model codes are also updated every three years. Both the model codes and state standards are developed with extensive local government input. Livermore participates in these efforts by providing testimony on behalf of the city, region and state during national model code hearings. The City also represents local government through participation on statewide seismic design, disabled access, and code advisory committees.
Livermore is a founding member city of the Tri-Chapter Uniform Code Adoption committee, a committee 411
comprised of Bay Area cities, whose goal is to promote regional consistency in the local amendment process. These efforts have helped to maintain regional consistency, promoting user-friendly and easily understood construction codes throughout the Bay Area.
In addition, local jurisdictions can adopt code amendments that establish requirements above the minimum State building code requirements. These amendments are called “reach codes” and must be filed with and approved by the California Building Standards Commission (CBSC). A jurisdiction can adopt a reach code at any time; however, the most streamlined approach is to adopt the reach code concurrently with the new state building code.
Livermore’s Draft Climate Action Plan (CAP) calls for the City to adopt reach codes for all-electric buildings and electric vehicle charging in new construction. Conversations with the community during outreach for the CAP revealed overall support for these requirements in new construction. The community expressed concern about applying these requirements to additions or renovations in existing buildings due to costly upgrades that may be required, particularly in older homes with limited electrical capacity. Requiring new construction to be all-electric and to install electrical infrastructure for EV charging upfront is a more cost-effective approach.
Although the recent passage of AB 130 and AB 306 has limited the adoption of new local code amendments, the City of Livermore maintains a robust Reach Code that amended the 2022 Green Building Standards Code. This local Reach Code can remain in effect if it is unchanged from the 2022 update. The City's Reach Code established requirements for all-electric buildings in new construction and enhanced electric vehicle (EV) charging infrastructure, with limited, practical exceptions. These provisions are designed to maximize public health and environmental benefits by promoting all-electric buildings, which improve both indoor and outdoor air quality and reduce greenhouse gas emissions, particularly when powered by carbon-free and renewable energy sources. In addition, the Reach Code positions Livermore to meet the anticipated growth in electric vehicle usage by ensuring adequate charging infrastructure in new development. The Reach Code requirements do not apply to renovations or additions to existing buildings.
Exhibit K highlights the Reach Code provisions, which remain unchanged from 2022, as well as other notable amendments to the code in the areas of Building, Plumbing and Fire.
FISCAL AND ADMINISTRATIVE IMPACTS
The cost of new codebooks and the training of staff are incorporated into the related plan review and permit fee structure.
COMMUNITY PILLAR
1: A Safe Community that Thrives
GOAL
14: Update Development Standards, Codes, and Ordinances
ATTACHMENTS
412
1. Ordinance
2. Exhibit A - Chapter 15.02, Building Code
3. Exhibit B - Chapter 15.04, Property Maintenance Code
4. Exhibit C - Chapter 15.06, Fire Code
5. Exhibit D - Chapter 15.08, Electrical Code
6. Exhibit E - Chapter 15.10, Mechanical Code
7. Exhibit F - Chapter 15.12, Plumbing Code
8. Exhibit G - Chapter 15.14, Residential Code
9. Exhibit H - Chapter 15.26, Green Building Standards Code
10. Exhibit I - Chapter 15.92, Swimming pool and Spa Code
11. Exhibit J - Chapter 15.94, Wildland-Urban Interface Code
12. Exhibit K - Notable Amendments to Building Standards Code
Prepared by: Franc Moufarrej
Chief Building Official
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
413
1 ORDINANCE NO. _____
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
AN ORDINANCE REVISING AND AMENDING CHAPTERS 15.02 BUILDING CODE,
15.04 PROPERTY MAINTENANCE CODE, 15.06 FIRE CODE, 15.08 ELECTRICAL CODE, 15.10 MECHANICAL CODE, 15.12 PLUMBING CODE,
15.14 RESIDENTIAL CODE, 15.26 GREEN BUILDING STANDARDS CODE, 15.92 SWIMMING POOL AND SPA CODE, AND 15.94 WILDLAND URBAN INTERFACE
CODE IN THE LIVERMORE MUNICIPAL CODE, AND ADOPTING BY REFERENCE,
AND AMENDING BASED UPON LOCAL CLIMATIC, GEOLOGICAL, AND TOPOGRAPHICAL CONDITIONS, THE 2025 CALIFORNIA BUILDING STANDARDS CODE SET FORTH IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS AND THE FOLLOWING CODES ADOPTED THEREIN - THE 2024 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, THE INTERNATIONAL FIRE CODE, THE
INTERNATIONAL PROPERTY MAINTENANCE CODE, THE INTERNATIONAL
RESIDENTIAL CODE, THE INTERNATIONAL SWIMMING POOL AND SPA CODE,
THE INTERNATIONAL WILDLAND URBAN INTERFACE CODE,THE UNIFORM PLUMBING CODE, THE UNIFORM MECHANICAL CODE, THE 2023 EDITION OF THE NATIONAL ELECTRICAL CODE, AND THE 2025 CALIFORNIA GREEN
BUILDING STANDARDS CODE
Health and Safety Code Sections 17958 and 17958.5 allow the City of Livermore ("City"), by ordinance, to make modifications or changes to the State Building Standards Code and other regulations adopted pursuant to Health and Safety Code Section 17922.
Health and Safety Code Section 17958.5 requires that such changes be determined to be reasonably necessary becaus e of local climatic, geological, or topographical conditions.
Health and Safety Code Section 17958.7 requires that the City, before making any modifications or changes pursuant to Health and Safety Code Sections 17958 and 17958.5, make an express finding that each such modification or change is needed.
Such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the California Building Standards Commission.
The City Council hereby de termines that the proposed ordinance establishes requirements greater than those set forth in the 2025 edition of the California Building Standards Code codified in Title 24 of the California Code of Regulations, as adopted by the City of Livermore and set forth in chapters 15.02 Building Code,
15.04 Property Maintenance Code, 15.06 Fire Code, 15.08 Electrical Code,
15.10 Mechanical Code, 15.12 Plumbing Code, 15.14 Residential Code, 15.26 Green Building Standards Code, 15.92 Swimming Pool and Spa Code, 15.9 4 Wildland Urban Interface Code in the Livermore Municipal Code.
414
2 ORDINANCE NO. _____
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:
Section 1. Findings. Amendments of the 2024 International Building Code, the 2024 International Fire Code, the 2024 Uniform Plumbing Code, the 2024 International Residential Code , The 2024 International Swimming Pool and Spa Code, The 2023 National Electrical Code, and the 20 25 California Green Building Standards Code are necessary to serve the public interest by reducing the risk to life and property of the citizens of Livermore because of the following conditions:
1. Average yearly rainfall for the City is approximately 16" -18". This rainfall normally occurs from October to April. During the summer months, there is generally no measurable precipitation. Temperatures for this dry period average from 80° to 100° Fahrenheit and are frequently accompanied by light to gusty westerly winds. The City is surrounded by 2300 acres of grasslands, which, in conjunction with the dry and windy climatic conditions, create a hazardous situation that has led to extensive grass and brush fires in recent years. With more development extending from the urban core into the grass covered areas, wind driven fires could lead to severe consequences, as has been the case on several occasions in similar areas of the State. Therefore, additions to the Livermore Building and Fire Codes are necessary.
2. Uniquely for a city of its size, the City is bisected by several topographical features, including two major creeks (Arroyo Las Positas and Arroyo Mocho), one railroad line (Union Pacific) and Interstate, 580. As a result, the City is divided into discrete districts, such as the Springtown area north of the freeway and the residential area southwest of the Arroyo Mocho. Traffic between these districts is channeled into several major thoroughfares which must cross the creeks, railroad tracks, and freeway, by means of bridges, overpasses or underpasses. Heavy traffic congestion on the City's major streets already act as a barrier to timely responses for fire equipment and emergency services. In the event of an accident or other emergency at one of the key points of intersection between a road and creek, or freeway, sections of the City could become isolated, or response time could be sufficiently slowed so as to increase the risk of substantial injury or damage. For example, a routine accident at Holmes Street bridge or First Street overpass would greatly reduce response times to the northeastern or southwestern portions of the City. With the inability of emer gency services to guarantee rapid response to various sections of the City, it is necessary to mitigate this problem by requiring additional built-in automatic fire protection systems, which will provide for early detection and initial fire control until the arrival of the firefighting equipment and other emergency services.
The Livermore Valley is subject to ground tremors from large seismic events on the San Andreas, Hayward, and Calaveras faults, the major active faults in the San Francisco Bay Area. In the Valley itself, and adjacent to the City of Livermore, is the active Greenville Fault. The largest recorded earthquake in this immediate area occurred on the San Andreas Fault on October 17, 1989, a 7.1 magnitude. The area also had a sequence of earthquakes on the Greenville Fault in January and February of 1980; these earthquakes 415
3 ORDINANCE NO. _____
had a magnitude of from 5.5 to 5.9 on the Richter Scale. The Mount Diablo thrust fault is also a potentially active fault in the northern end of the valley. Several smaller faults in or around the City include the Las Positas Fault, the Tesla Fault, and the Livermore Fault.
The U.S. Geological Survey (USGS) has identified a 70% probability of a major earthquake occurring in the region within the next 30 years. Recent earthquake damage studies, including the 1994 Northridge earthquake, have indicated the lack of adequate design and detailing as a contributing factor to damages that reduced the protection of the life-safety of building occupants.
The potential for earthquakes influences fire protection planning in several ways. First, a major seismic event would create a city -wide demand on fire protection service which would be beyond the response capacity of the fire department. This potential problem can be mitigated by requiri ng initial fire control through the installation of automatic fire protection systems.
In addition, the City is adjacent to the Lawrence Livermore National Laboratory and Sandia Laboratory; two facilities engaged in nuclear, energy and scientific research .
Because of the presence at both sites of radioactive and other hazardous materials, the fire department's energy in the wake of an earthquake would have to be focused on stabilizing any problems at these facilities.
This also supports the need for other structures in the City to be capable of at least initial fire suppression capacity. Finally, as demonstrated above, structural damage to the overpass or bridges connecting the City's various areas would seriously delay emergency vehicle access to these areas.
Livermore is located in the Livermore Valley, which has local topographical conditions affecting air quality. The Livermore Valley is a sheltered inland valley near the eastern border of the Bay Area. The western side of the valley is bordered by hil ls of 1,000 to 1,500 feet in elevation with two gaps connecting the valley to the central Bay area, the Hayward Pass, and Niles Canyon. The eastern side of the valley is also bordered by hills of 1,000 to 1,500 feet in elevation with one major passage to t he San Joaquin Valley at the Altamont Pass, and several secondary passages. To the north lies the Black Hills and Mt. Diablo. A northwest to southeast channel connects the Diablo Valley to the Livermore Valley. The south side of the Livermore Valley is bor dered by mountains approximately 3,000 to 3,500 feet high. Maximum summer temperatures in the Livermore Valley range from the high -80s to th e low-90s, with extremes in the 100s. Winter maximum temperatures range from the high-50s to the low-60s, while minimum temperatures range from the mid-to-high 30s, with extremes in the high teens and low-20s.
The Livermore Valley does have violations of federal and state air quality standards based on these local topographical conditions, as well as local climatic conditions. These local topographical and climatic conditions, combined with the local environmental condition as set forth in the Climate Change Element of the Livermore General Plan (2009), adopted herein by this reference, are the basis for the amendments to the California Building Standards Code. These conditions contribute to the Bay Area's status as a "nonattainment area" under the federal Clean Air Act for ozone and particulate matter and therefore, these air quality considerations require additional Green Building measures to amend the 202 2 Green Building Standards Code (CAL Green) and adopt additional 416
4 ORDINANCE NO. _____
measures "Reach Codes" for electrification and Electric Vehicle charging as applicable, to improve indoor air quality, reduce energy usage, decrease greenhouse gas emissions, and expand clean and renewable energy.
1. Section 609.3 of the 2024 Uniform Plumbing Code is amended to prohibit the Installation of water distribution piping under concrete floor slabs within buildings, due to the corrosive nature (on this piping) of the soil within various areas of the City.
2. Article 210.12 of the National Electrical Code is amended to include Arc Fault Circuit Interruption (AFCI) protection to panel changeouts to mitigate fire hazards related to arcing.
For the above reasons, taken individually and cumulatively, the City Council of the City of Livermore finds that there are building and fire hazards, as well as environmental considerations, peculiar to Livermore that require the increased fire protection, structural design, and green building standards set forth in this ordinance.
Section 2. Adoption by Reference and Amendments. The 2025 California Building Standards Code set forth in Title 24 of the California Code of Regulations, and the following codes adopted therein - the 2024 editions of the International Building Code, the International Fire Code, the International Property Maintenance Code, the International Residential Code, the Uniform Plumbing Code, the Uniform Mechanical Code, The Swimming Pool and Spa Code, The Wildland Urban Interface Code, the 2023 edition of the National Electrical Code, and the 2025 California Green Building Code, and amendments thereto set forth in the following chapters of the Livermore Municipal Code that are revised and amended to read as set forth in the corresponding exhibits attached hereto:
Exhibit A: Chapter 15.02, Building Code
Exhibit B: Chapter 15.04, Property Maintenance Code
Exhibit C: Chapter 15.06, Fire Code
Exhibit D: Chapter 15.08, Electrical Code
Exhibit E: Chapter 15.10, Mechanical Code
Exhibit F: Chapter 15.12, Plumbing Code
Exhibit G: Chapter 15.14, Residential Code
Exhibit H: Chapter 15.26, Green Building Standards Code Exhibit I: Chapter 15.92, Swimming Pool and Spa Code
Exhibit J: Chapter 15.94, Wildland Urban Interface Code
Section 3. 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 4. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
417
5 ORDINANCE NO. _____
Section 5. 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 6. Effective date . This Ordinance shall take effect 30 days after its adoption, but the revised and amended codes will not take effect for enforcement until 12:01 a.m. on January 1, 2026, when the 2025 California Building Standards Code becomes effective. Until that date and time, the chapters amended and revised by this ordinance will remain in full force and effect for enforcement
The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 8, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
The ordinance was adopted at the regul ar meeting of the City Council held on October 13, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Daniel Gonzales________________ Deborah L. Elam Daniel Gonzales
City Clerk Deputy City Attorney
Exhibit A: Chapter 15.02, Building Code
Exhibit B: Chapter 15.04, Property Maintenance Code
Exhibit C: Chapter 15.06, Fire Code
Exhibit D: Chapter 15.08, Electrical Code
Exhibit E: Chapter 15.10, Mechanical Code
Exhibit F: Chapter 15.12, Plumbing Code
Exhibit G: Chapter 15.14, Residential Code
Exhibit H: Chapter 15.26, Green Building Standards Code Exhibit I: Chapter 15.92, Swimming Pool and Spa Code
Exhibit J: Chapter 15.94, Wildland Urban Interface Code
418
EXHIBIT A
Chapter 15.02
BUILDING CODE
Sections:
15.02.010
15.02.020
15.02.030
15.02.040
15.02.050
15.02.060
15.02.070
15.02.080
15.02.090
15.02.100
15.02.110
15.02.120
15.02.130
15.02.140
15.02.150
15.02.160
15.02.170
15.02.180
15.02.010
Title for Citation.
Documents adopted by reference.
Amendments to International Building Code.
CBC Chapter 1, Division II, Title Block amended - Title block.
CBC Chapter 1, Division II, Section 101 amended - General.
CBC Chapter 1, Division II, Section 103 amended - Building and Safety.
CBC Chapter 1, Division 11, Section 105.2 amended - Work exempt from permit.
CBC Chapter 1, Division II, Section 106 amended - Floor and Roof Design Loads.
CBC Chapter 1, Division II, Section 109 amended - Fees.
CBC Chapter 1, Division II, Section 110.3.6 amended - Lath and gypsum board inspections.
CBC Chapter 1, Division II, Section 110.3.9 amended - Energy efficiency inspections.
CBC Sections 903 and 904 amended - Fire Protection Systems.
CBC Section 1505.1 amended - Fire Classification, Roof coverings.
CBC Section 1705.3 amended - Concrete Construction, exception 1.
CBC Section 1905.6.2 amended - Seismic Design Categories C, D, E and F
CBC Section 3109 adopted - Swimming Pools, Spas and Hot Tubs CBC Chapter 31B adopted - Public Pools
Residential building permits issuance limitations.
Title for citation.
This chapter shall be known as the "Building Code," may be cited as such and will be referred to in this chapter as "this code."
15.02.020 Documents adopted by reference.
The International Building Code, 2024 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Code Council is hereby adopted, together with Chapter 1 Division II, Scope and Administration and Appendices Chapters C and J, except as set forth in this chapter. 419
EXHIBIT A
15.02.030 Amendments to International Building Code.
The International Building Code (IBC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.
Reference numbers herein are taken from the 2025 California Building Code.
15.02.040 CBC Chapter 1, Division II Scope and Administration amended - Title block.
CBC Chapter 1, Division II, Title block shall be amended to read:
15.02.040 CBC Chapter 1, Division II Title Block shall be amended to read:
CHAPTER 1, DIVISION II
LIVERMORE BUILDING CODE ADMINISTRATIVE PROVISIONS
15.02.050 CBC Chapter 1, Division II, Section 101 amended - General.
CBC Chapter 1, Division II, Section 101 is amended to read:
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Livermore Building Code, hereinafter referred to as "this code."
101.2 Scope.
The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
Exception: Detached one -and two -family dwellings and multiple single -family dwelling (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than 3 stories above grade plane in height, shall comply with this code or the California Residential Code.
101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted. 420
EXHIBIT A
101.3 Purpose.
The purpose of this code is to establish the minimum requirements to provide a reasonable level of safety, health and general welfare through structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation, energy conservation, and for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
101.4 Referenced codes.
The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Gas.
The provisions of the Livermore Plumbing Code and/or the Livermore Mechanical Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.2 Mechanical.
The provisions of the Livermore Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy related systems.
101.4.3 Plumbing.
The provisions of the Livermore Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Livermore Plumbing Code shall apply to private sewage disposal systems.
101.4.4 Property maintenance.
The provisions of the Livermore Property Maintenance and Building Codes shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners , operators and occupants; and occupancy of existing premises and structures.
421
EXHIBIT A
101.4.5 Fire prevention.
The provisions of the Livermore Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 Energy.
The provisions of the Livermore Energy Code, Title 24, Part 6 shall apply to all matters governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings.
The provisions of the Livermore Existing Building Code shall apply to all matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Wildland -urban interface. The provisions o f Part 7 , the Livermore Wildland-Urban Interface code shall apply to buildings and structures built in the wildland-urban interface (WUI) or a Fire Hazard Severity Zone.
15.02.060 CBC Chapter 1, Division II, Section 103 amended - Building and Safety.
CBC Chapter 1, Division 11, Section 103 is amended to read:
SECTION 103
BUILDING AND SAFETY DIVISION
103.1 Creation of enforcement agency.
The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of this code.
103.2 Appointment.
The building official shall be appointed by the city manager.
103.3 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. 422
EXHIBIT A
15.02.070 CBC Chapter 1, Division II, Section 105.2 amended - Work exempt from permit.
CBC Chapter 1, Division 11, Section 105.2 is amended to read:
Delete all reference to Electrical, Gas, Mechanical, and Plumbing repairs, appliances and fixtures. These items are addressed in the Livermore Electrical, Mechanical and Plumbing Codes.
15.02.080 CBC Chapter 1, Division II, Section 106 amended - Floor and Roof Design Loads.
CBC Chapter 1, Division II, Section 106 is deleted.
15.02.090 CBC Chapter 1, Division II, Section 109 amended - Fees.
CBC Chapter 1, Division II, Section 109 is amended to read:
Fees are to be set by resolution of the Livermore City Council.
All permit fees, development fees and other city fees, including, but not limited to, the tax on construction and traffic impact fees, may be waived for any permit issued for the repair of any structure as required by Chapter 15.24 (Unreinforced Masonry Building Hazard Reduction Program). Fees may be waived for reconstruction of any building removed in accordance with Chapter 15.24 when such building is replaced to replicate the structure to be removed.
15.02.100 CBC Chapter 1, Division II, Section 110.3.6 amended - Lath and gypsum board inspections.
CBC Chapter 1, Division II, Section 110.3.6 is amended to read:
110.3.6 Lath and gypsum board inspection.
The Exception is deleted.
15.02.110 CBC Chapter 1, Division II, Section 110.3.9 amended - Energy efficiency inspections.
CBC Chapter 1, Division II, Section 110.3.9 is amended to read:
110.3.9 Energy efficiency inspections.
Inspections shall be made to determine compliance with Title 24, Part 6 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water -heating equipment efficiency.
423
EXHIBIT A
15.02.120 CBC Sections 903 and 904 amended - Fire Protection Systems.
Sections 903 and 904 are amended as amended in sections 903 and 904 of the Livermore Fire Code (LMC Chapter 15.06).
15.02.130 CBC Section 1505.1 amended - Fire Classification, Roof coverings.
Section 1505.1 is amended by adding the following paragraph:
Roof covering shall be fire retardant minimum Class B or higher for all buildings regardless of type of construction.
15.02.140 CBC Section 1705.3 amended - Concrete Construction, exception 1.
Section 1705.3, exception 1 is amended to read:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pounds per square inch (psi) (17.2Mpa).
15.02.150 CBC Section 1905.6.2 amended - Seismic Design Categories C, D, E and F
Section 1905.6.2 is amended to read:
1905. 6.2 Seismic Design Categories C, D, E and F. Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
1. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided that the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
Exception: In detached one- and two-family dwellings three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
2. Plain concrete footings supporting walls are permitted, provided that the footings have not fewer than two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. For footings that exceed 8 inches (203mm) in thickness, not fewer than one bar shall be provided at the top and bottom of the footing.
Continuity of reinforcement shall be provided at corners and intersections.
15.02.160 CBC Section 3109 adopted - Swimming Pools, Spas and Hot Tubs
CBC Section 3109 adopted in its entirety.
424
EXHIBIT A
15.02.170 CBC Chapter 31B adopted - Public Pools
CBC Chapter 31B adopted in its entirety.
15.02.180 Residential building permits issuance limitations.
The following language is inserted in accordance with the provisions of a voter-approved initiative ordinance, dated April 11, 1972.
A. The people of the city find and declare that it is in the best interest of the city, in order to protect the health, safety, and general welfare of the citizens of the city, to control residential building permits in the said city. Residential building permits include single -family residential, multiple residential, and trailer court building permits within the meaning of this code. Additionally, it is the purpose of this initiative measure to contribute to the solution of air pollution in the city.
B. The specific reasons for the proposed petition are that the undersigned believe that the resulting impact from issuing residential building permits at the current rate results in the following problems mentioned below. Therefore, no further residential building permits are to be issued by the said city until satisfactory solutions, as determined in the standards set forth, exist to all the following problems:
1. Educational facilities. No double sessions in the schools or overcrowded classrooms as determined by the California Education Code.
2. Sewage. The sewage treatment facilities and capacities meet the standards set by the Regional Water Quality Control Board.
3. Water supply. No rationing of water with respect to human consumption or irrigation and adequate water reserves for fire protection are existing. 425
EXHIBIT B
Chapter 15.04
PROPERTY MAINTENANCE CODE
Sections:
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.070
15.04.080
15.04.090
15.04.100
15.04.010
Title for citation.
Documents adopted by reference.
Amendments to the International Property Maintenance Code.
IPMC Chapter 1 amended.
IPMC Chapter 2 amended.
IPMC Chapter 3 amended.
IPMC Chapter 4 amended.
IPMC Chapter 5 amended.
IPMC Chapter 6 amended.
IPMC Chapter 7 amended.
Title for citation.
This chapter shall be known as the "property maintenance code," may be cited as such and will be referred to in this chapter as "this code."
15.04.020 Documents adopted by reference.
The International Property Maintenance Code, 2024 Edition, published by the International Code Council is hereby adopted. Where this chapter is inconsistent with state law then in that instance the provisions of the state law shall prevail.
15.04.030 Amendments to International Property Maintenance Code.
The International Property Maintenance Code (IPMC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.
15.04.040 IPMC Chapter 1 amended.
Chapter 1 is amended as follows:
Sections 102.3, 102.8, 103, 106, 109.7, 109.8, 110.4, 110.5, 110.6, 111 are deleted.
Each reference to the International Building Code is replaced with The California Building Code. Each reference to the International Existing Building Code is replaced by the California Existing Building Code. Each reference to the International Fire Code is replaced by the California Fire Code. Each reference to the International Fuel Gas and International Plumbing Codes is replaced by the California Plumbing Code. Each 426
EXHIBIT B
reference to the International Mechanical Code is replaced by the California Mechanical Code. Each reference to the International Residential Code is replaced by the California Residential Code. Each reference to the International Zoning Code is replaced by the Livermore Development Code.
15.04.050 IPMC Chapter 2 amended.
Chapter 2 is amended as follows:
Each reference to the International Building Code is replaced with The California Building Code. Each reference to the International Existing Building Code is replaced by the California Existing Building Code. Each reference to the International Fire Code is replaced by the California Fire Code. Each reference to the International Fuel Gas and International Plumbing Codes is replaced by the California Plumbing Code. Each reference to the International Mechanical Code is replaced by the California Mechanical Code. Each reference to the International Residential Code is replaced by the California Residential Code. Each reference to the International Zoning Code is replaced by the Livermore Development Code.
15.04.060 IPMC Chapter 3 amended.
Chapter 3 is amended as follows:
Sections 302.4, 302.8, 304.14, 304.18, and 309 are deleted.
Section 303.2 is amended to read:
Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant or licensee, upon which is situated a private or public swimming pool or spa, shall at all times maintain an enclosure and safety device in accordance with chapter 31 Section 3109 (Swimming Pools, Spas and Hot Tubs) and Chapter 31B (public swimming pools) of the California Building Code.
15.04.070 IPMC Chapter 4 amended.
Chapter 4 is amended as follows:
Sections 404.6 and 404.7 are deleted.
427
EXHIBIT B
15.04.080 IPMC Chapter 5 amended.
Chapter 5 is amended as follows:
Each reference to the International Plumbing Code shall be replaced with the California Plumbing Code
Section 506.3 Grease interceptors amend to read:
Grease interceptors shall comply with section 1014 of the California Plumbing Code.
15.04.090 IPMC Chapter 6 amended.
Chapter 6 is amended as follows:
Each reference to the International Mechanical Code is replaced by the California Mechanical Code.
15.04.100 IPMC Chapter 7 amended.
Chapter 7 is amended as follows:
Each reference to the International Building Code is replaced with The California Building Code. Each reference to the International Fire Code is replaced by the California Fire Code. Each reference to the International Residential Code is replaced by the California Residential Code.
428
EXHIBIT C
1 Chapter 15.06
FIRE CODE
INDEX
15.06.010 Title for citation.
15.06.020 Documents adopted by reference.
15.06.030 Amendments to the International Fire Code.
15.06.040 CFC Chapter 1, Division II, 103.1 amended - Creation of agency
15.06.050 CFC Chapter 1, Division II, Table 105.5.9 amended - Permit Amounts for Compressed Gases.
15.06.060 CFC Chapter 1, Division II, Table 105.5.11 amended - Permit Amounts for Cryogenic Fluids.
15.06.070 CFC Chapter 1, Division II, Section 105.5.18 Item 3 amended - Flammable and combustible liquids.
15.06.080 CFC Chapter 1, Division II, Section 105.5.18 Item 12 added - Permit Amounts for Hazardous Materials, Flammable and Combustible Liquids and Gases at Residential Occupancies.
15.06.090 CFC Chapter 1, Division II, Table 105.5.22 amended - Permit Amounts for Hazardous Materials.
15.06.100 CFC Chapter 1, Division II, Section 105.5.59 Item 4 added - Radioactive Materials.
15.06.110 CFC Chapter 1, Division II, Section 112 deleted - Means of Appeals.
15.06.120 CFC Chapter 1, Division II, 113.4 amended- Violation penalties
15.06.130 CFC Chapter 1, Division II, Section 116 added - Unauthorized Discharges.
15.06.140 CFC Chapter 2 Definitions amended - Hazardous Materials
15.06.150 CFC Chapter 2 Definitions amended - Health Hazard
15.06.160 CFC Chapter 2 Definitions added - Maximum Threshold Quantity
15.06.170 CFC Chapter 2 Definitions added - Moderately Toxic Gas
15.06.180 CFC Section 603.10 added - Multiple Sources of Non-Utility Electricity
15.06.190 CFC Section 611 added - Immersion Heaters.
15.06.200 CFC Section 901.6.4 added - Prevention of False Alarms
15.06.210 CFC Section 903.2 amended - Automatic Sprinkler Systems
15.06.220 CFC Section 903.3.1.2.3 amended - NFPA 13R Sprinkler Systems.
15.06.230 CFC Section 903.3.1.3 amended - NFPA 13D Sprinkler Systems.
15.06.240 CFC Section 3208.3.1 amended - Flue space protection.
15.06.250 CFC Section 5001.5.1.1 added - Hazardous Materials Management Plan (HMMP)
15.06.260 CFC Section 5001.5.2.1 added - Hazardous Materials Inventory Statement (HMIS)
15.06.270 CFC Section 5001.5.3 added - Hazardous Materials Business Plan (HMBP) Reporting Thresholds.
15.06.280 CFC Section 5003.2.10 added - Biodiesel and methanol equipment
15.06.290 CFC Section 5003.5.2 added - Ventilation ducting
15.06.300 CFC Section 5003.5.3 added - H Occupancies.
15.06.310 CFC Section 5003.14 added - Automatic Filling of Tanks 429
EXHIBIT C
2 15.06.320
15.06.330
15.06.340
15.06.350
15.06.360
15.06.370
15.06.380
15.06.390
15.06.400
15.06.410
15.06.420
15.06.430
15.06.440
15.06.450
15.06.460
15.06.470
15.06.480
15.06.490
15.06.500
15.06.510
15.06.520
15.06.530
15.06.540
15.06.550
15.06.560
15.06.570
15.06.580
15.06.590
15.06.600
15.06.610
15.06.620
15.06.630
15.06.640
15.06.650
15.06.660
15.06.670
15.06.680
CFC Section 5005.5 added - Emergency Alarms, supervision and monitoring
CFC Section 5601.1.3 added - Fireworks
CFC Section 5704.2.7.5.8 amended - Exception.
CFC Chapter 60 amended - Title
CFC Section 6004.1 amended - General
CFC Section 6004.1.2 amended - Gas Cabinets
CFC Section 6004.1.3 amended - Exhausted Enclosures
CFC Section 6004.1.4 added - Automatic shut-off valve
CFC Section 6004.1.5 added- Annual Maintenance
CFC Section 6004.1.6 added - Maximum threshold quantity CFC Section 6004.1.7 added - Reduced flow valve
CFC Section 6004.1.8 added - Fire extinguishing systems CFC Section 6004.1.9 added - Local gas shut off
CFC Section 6004.1.10 added - Exhaust ventilation monitoring CFC Section 6004.1.11 added - Emergency response plan
CFC Section 6004.1.12 added - Emergency Response Liaisons CFC Section 6004.1.13 added - Emergency Drills
CFC Section 6004.1.14 added - Cylinder leak testing
CFC Section 6004.1.15 added - Inert gas purge system
CFC Section 6004.1.16 added - Seismic shutoff valve
CFC Section 6004.1.17 added - Fittings and connections.
CFC Section 6004.2 amended - Indoor storage and use.
CFC Section 6004.2.1 amended - Applicability
CFC Section 6004.2.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.
CFC Section 6004.2.1.4 added - Quantities not exceeding minimum threshold quantity per control area.
CFC Section 6004.2.1.5 added - Quantities exceeding minimum threshold quantity per control area.
CFC Section 6004.2.2 amended - General indoor requirements CFC Section 6004.2.2.5 amended - Piping and controls - stationary tanks, Item 1
CFC Section 6004.2.2.7 amended - Treatment systems.
CFC Section 6004.2.2.10.1 amended - Alarms.
CFC Section 6004.3 amended - Outdoor storage and use.
CFC Section 6004.3.1 amended - Applicability
CFC Section 6004.3.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.
CFC Section 6004.3.1.4 added - Quantities not exceeding the minimum threshold quantity per control area.
CFC Section 6004.3.1.5 added - Quantities exceeding the minimum threshold quantity per control area.
CFC Section 6004.3.2 amended - General outdoor requirements.
CFC Section 6004.3.3 amended - Outdoor storage weather protection for portable tanks and cylinders.
430
EXHIBIT C
3 15.06.010 Title for citation
These regulations shall be known as the "Livermore Fire Code," hereinafter referred to as "this code."
15.06.020 Documents adopted by reference
A. The International Fire Code, 2024 Edition, as amended and set forth in the California Code of Regulations, Title 24, Part 9, published by the International Code Council, is hereby adopted, together with Appendices D, E (informational purposes), F, and H, except as set forth in this chapter.
1. Only those sections, including applicable amendments, of Chapter 4 and Chapter 11 adopted by the California Office of the State Fire Marshal (SFM) as identified in the applicable adoption matrix shall be adopted.
B. The International Fire Code (IFC) adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2025 California Fire Code.
C. These regulations shall be known as the Livermore Fire Code, hereinafter referred to as "this code."
D. Where there is a reference in the code to the "fire official," "fire code official" or "authority having jurisdiction," it shall mean the "Fire Chief' or, in the absence of the fire chief, the Fire Marshal.
15.06.030 Amendments to the International Fire Code
The 2024 International Fire Code (IFC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 2025 California Fire Code.
15.06.040 CFC Chapter 1, Division II, 103.1 amended - Creation of agency
Section 103.1 is amended to read:
The Livermore-Pleasanton Fire Department is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 431
EXHIBIT C
4 15.06.050 CFC Chapter 1, Division II, Table 105.5.9 amended - Permit Amounts for Compressed Gases
Table 105.5.9 is amended to read:
Type of Gas Amount (cubic feet at NTP)
Carbon dioxide used in carbon dioxide
enrichment systems
875 (100 lb.)
Carbon dioxide used in insulated carbon
dioxide beverage dispensing
applications
875 (100 lb.)
Corrosive 200
Flammable (except cryogenic fluids and
LPG)
200
Highly Toxic Any amount
Inert, carbon dioxide (not otherwise
permitted above), simple asphyxiant and
other gases with a 1,000 cubic foot
threshold for the HMBP program
1,000
Moderately Toxic Any amount
Oxidizing (including oxygen) 200
Pyrophoric Any amount
Toxic Any amount
All other gases not otherwise permitted
above subject to HMBP reporting (per
material)
200
15.06.060 CFC Chapter 1, Division II, Table 105.5.11 amended - Permit Amounts for Cryogenic Fluids.
Table 105.5.11 is amended to read:
Type of Cryogenic Fluid Cubic feet at NTP
Corrosive Any Amount
Flammable Any Amount
Inert, simple asphyxiant, and other gases
with a 1,000 cubic foot threshold for the
HMBP program
1,000
Oxidizing (including oxygen) 200
Physical or health hazard not indicated
above
Any amount
432
EXHIBIT C
5 All other materials not otherwise
permitted above subject to HMBP
requirements (per material)
200
15.06.070 CFC Chapter 1, Division II, Section 105.5.18 Item 3 amended - Flammable and combustible liquids.
Section 105.5.18 Item 3 is amended to read:
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons except for fuel oil in the fuel tanks of portable equipment.
15.06.080 CFC Chapter 1, Division II, Section 105.5.18 Item 12 added - Permit Amounts for Hazardous Materials, Flammable and Combustible Liquids and Gases at Residential Occupancies
Section 105.5.18 Item 12 is added to read:
12. Storage of flammable and combustible liquids and flammable gases at Group R occupancies are limited as follows:
12.1. Outside storage of flammable liquids (including gasoline) is limited to 30 gallons.
12.2. Outside storage of combustible liquids (including diesel and kerosene) is limited to 55 gallons.
Exception: Emergency generators used for life safety purposes.
12.3. Outside storage of compressed and liquefied flammable gas is limited to 15 gallons or 540 cubic feet.
Exceptions:
a. Emergency generators used for life safety purposes.
b. Fixed gas supply for occupancies not provided with natural gases services. Amounts over 1,000 gallons must be approved by the fire official.
12.4. Manufacture of Biodiesel and Methanol at Residential Occupancies.
The manufacture of biodiesel and methanol is prohibited in Residential Occupancies and in U Occupancies associated with Residential Occupancies both inside and outside buildings.
15.06.090 CFC Chapter 1, Division II, Table 105.5.22 amended - Permit Amounts for Hazardous Materials.
Table 105.5.22 is amended to add:
433
EXHIBIT C
6 Moderately toxic gas 20 cubic Feet
Irritants and
Sensitizers
550 gallons (liquids)
5000 pounds (solids)
Other materials
subject to HMBP
requirements
55 gallons (liquids)
500 pounds (solids)
15.06.100 CFC Chapter 1, Division II, Section 105.5.59 Item 4 added- Radioactive Materials.
Section 105.5.59 Item 4 is added to read:
4. Radioactive Materials. To store or handle more than one micro curie (37,000 Becquerel) of radioactive material not contained in a sealed source or more than 1 mill curie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required.
15.06.110 CFC Chapter 1, Division II, Section 112 deleted - Means of Appeals.
Section 112 is deleted.
15.06.120 CFC Chapter 1, Division II, 113.4 amended - Violation penalties
Section 113.4 is amended to read:
113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, or directive of the fire code official, or of a permit, or certificate used under provisions of this code, shall be punished in accordance with the fines and penalties established by the Livermore Municipal Code and/or, as specified by California Government Code, Section 36900.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
15.06.130 CFC Chapter 1, Division II, Section 116 added - Unauthorized Discharges.
Section 116 is added to read:
Unauthorized Discharges. The Livermore-Pleasanton Fire Department may charge fees to recover the cost of response to incidents involving the discharge or the threatened discharge of a hazardous (or suspected hazardous) material. 434
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7 15.06.140 CFC Chapter 2 Definitions amended - Hazardous Materials The definition of Hazardous Materials is amended as follows:
HAZARDOUS MATERIALS. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter and/or are compressed gases, whether the materials are in usable or waste condition.
15.06.150 CFC Chapter 2 Definitions amended - Health Hazard The definition of Health Hazard is amended as follows:
HEALTH HAZARD. A classification of chemical for which there is statistically significant evidence that acute or chronic health effects are capable of occurring in exposed persons. The term "health hazard" includes chemicals that are moderately toxic, toxic, highly toxic, or corrosive.
15.06.160 CFC Chapter 2 Definitions added - Maximum Threshold Quantity The definition of Maximum Threshold Quantity is added as follows:
Maximum Threshold Quantity. The following formula shall be used to calculate the maximum threshold quantity for toxic, highly toxic, and moderately toxic gases:
Max TQ (lbs.)= LC50 (ppm) x 2 lb.
For gas mixtures containing one or more toxic, highly toxic or moderately toxic components, the LC50 shall be calculated using CGA Standards P-20 and P-23.
15.06.170 CFC Chapter 2 Definitions added - Moderately Toxic Gas
The definition of Moderately Toxic Gas is added as follows:
Moderately Toxic Gas. A chemical or substance that has a medial lethal concentration (LC50) in air of more than 2,000 parts per million but not more than 5,000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.
15.06.180 CFC Section 603.10 added - Multiple Sources of Non-Utility Electricity Section 603.10 is added to read:
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8 603.10 Multiple Sources of Non-Utility Electricity. When a facility has more than one source of non-utility-based electrical utility power, including emergency and standby power systems, a written shutdown plan shall be provided. A copy of the plan will be posted at or near the main electrical panel in a location approved by the Fire Department. A copy of the plan will be provided in a format acceptable to the Fire Department.
15.06.190 CFC Section 611 added - Immersion Heaters.
Section 611 is added to read:
611 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats, and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.
15.06.200 CFC Section 901.6.4 added - Prevention of False Alarms
901.6.4 is added to read:
901.6.4 Prevention of False Alarms.
1. It is unlawful for any property owner or licensed contractor to fail to notify the police/fire department dispatch center prior to any test, installation, repair, modification, addition, or maintenance of any fire alarm or fire extinguishing system which could result in the transmission of an unwanted alarm.
2. The fire department may charge fees that reasonably constitute the cost of response to unwanted alarms when it is determined that the report is malicious or resulting from the failure to maintain a fire protection alarm system.
15.06.210 CFC Section 903.2 amended - Automatic Sprinkler Systems
903.2 is deleted and replaced with the following:
903.2 Where required.
1. Automatic fire extinguishing systems shall be provided in all new buildings and structures, including any detached or attached structure added to a parcel of land already containing automatic extinguishing system protected buildings.
Exception:
a. Detached U Occupancies, other than trash enclosures, that do not exceed 400 square feet of floor area.
b. Trash enclosures that have been exempted by the fire code official or that meet the following conditions:
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9 i. The enclosure, including the cover and door, are constructed of non-combustible materials.
ii. The enclosure does not exceed 180 square feet in size iii. The enclosure is stand-alone structure, be a minimum of 20 feet from adjacent buildings and a minimum of 10 feet from property line(s).
iv. The enclosure is used exclusively for waste garbage contained within approved trash containers. No outdoor storage is permitted within the trash enclosure,
c. Photo Voltaic Arrays covering parking stalls only.
2. Existing commercial or industrial buildings not currently provided with automatic fire extinguishing systems shall be provided with an automatic fire extinguishing system as follows:
a) When modification to the building results in a 50% or greater increase of the total floor area of the building or brings the over total of floor area of the building to more than 8,000 square feet, the entire building shall be provided with an automatic fire extinguishing system.
Exception:
Additions providing accessory storage space not greater than 500 square feet in area to an existing non-fire sprinklered building or solely for the purpose of providing accessibility shall not result in a requirement that the building be provided with an automatic extinguishing system.
b) When a change in occupancy classification results in an increased fire hazard or-risk to business operations, or increased life safety hazard of the occupants, the new occupancy and all fire areas that the new occupancy exits through shall be provided with an automatic extinguishing system.
Exception:
Public assembly occupancies not exceeding an occupant load of 150, whether occupying an entire building or a portion of a building that located in single story buildings.
3. Existing residential buildings not currently provided with automatic fire extinguishing systems shall be provided with an automatic fire extinguishing system as follows:
a. When a modification or modifications to the building results in a 50% or greater increase of the total original approved floor area of the building. b. In the garage when a new attached or detached garage is added, and the modification does not otherwise require the addition of an automatic fire protection system throughout the building.
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10 15.06.220 CFC Section 903.3.1.2.3 amended - NFPA 13R Sprinkler Systems.
Section 903.3.1.2.3 is amended to read:
903.3.1.2.3 Attics. Automatic fire sprinklers shall be provided in all attic areas.
15.06.230 CFC Section 903.3.1.3 amended - NFPA 13D Sprinkler Systems.
Section 903.3.1.3 is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems installed in one and two-family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80.
In addition to the provisions of NFPA 13D, the automatic fire sprinkler system shall be designed, and sprinklers shall be installed in the following additional locations:
1. Attic shall be provided intermediate temperature-rated residential fire sprinklers for detection coverage and located at a spacing equivalent to 30 feet by 30 feet centers and maximum of 15 feet from outside walls.
2. Fire sprinklers shall be provided in garages. Fire sprinklers shall be intermediate rated, quick response, with a maximum coverage of 130 square feet per sprinkler.
3. Any bathroom located under a stairway, regardless of the bathroom's size.
4. Any closet located under a stairway regardless of the closet's size or surfacing materials.
15.06.240 CFC Section 3208.3.1 amended - Flue space protection.
Section 3208.3.1 is amended to read:
3208.3.1 Flue space protection. Flue spaces required by Table 3208.3 above the first tier of storage in single-, double- or multiple-row rack storage installation shall be equipped with approved protection devices. Such devices shall not be removed or modified. Such devices must be repaired or replaced if damaged.
15.06.250 CFC Section 5001.5.1.1 added - Hazardous Materials Management Plan (HMMP)
Section 5001.1.1 is added to read:
Hazardous Materials Management Plan (HMMP). The HMMP shall comply with California Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and California Code of Regulations, Title 19, Division 2, Chapter 4.
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11 15.06.260 CFC Section 5001.5.2.1 added - Hazardous Materials Inventory Statement (HMIS).
Section 5001.2.1 is added to read:
Hazardous Materials Inventory Statement (HMIS). The HMIS shall comply with California Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and California Code of Regulations, Title 19, Division 2, Chapter 4.
15.06.270 CFC Section 5001.5.3 added - Hazardous Materials Business Plan (HMBP) Reporting Thresholds.
Section 5001.5.3 is added as follows:
In addition to the reporting requirements of California Health and Safety Code, Chapter
6.95, Sections 25500 through 25545, and California Code of Regulations, Title 19, Division 2, Chapter 4, regulated facilities are required to report any amount of highly toxic, toxic, and moderately toxic gases, oxidizing materials Class 4, oxidizing materials Class 3, unstable (reactive) Class 4, unstable (reactive) Class 3, pyrophoric materials, water reactive Class 3.
15.06.280 CFC Section 5003.2.10 added - Biodiesel and methanol equipment Section 5003.2.10 is added to read:
5003.2.10 Biodiesel and methanol equipment. Biodiesel and methanol manufacturing/processing equipment shall be listed or approved. Such equipment shall at a minimum adequately address electrical system, materials of construction, ventilation, seismic and process control and shut-down safety issues.
15.06.290 CFC Section 5003.5.2 added - Ventilation ducting.
Section 5003.5.2 is added to read:
5003.5.2 Ventilation ducting. Product conveying ducts for venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.
15.06.300 CFC Section 5003.5.3 added - H Occupancies.
Section 5003.5.3 is added to read:
5003.5.3 H Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. The identification label must include the product/waste name 439
EXHIBIT C
12 and flow direction indicator. Labels to be placed no less than once every 20 feet of piping and at changes of direction.
15.06.310 CFC Section 5003.14 added - Automatic Filling of Tanks.
Section 5003.14 is added to read:
5003.14 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with approved overfill protection that sends an alarm signal to a location that is normally occupied during normal business hours and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested in a manner acceptable to the fire code official on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.
Exception: Emergency generator tanks
15.06.320 CFC Section 5005.5 added - Emergency Alarms, supervision and monitoring
Section 5005.5 is added as follows:
5005.5 Emergency alarms, supervision and monitoring. Emergency alarms, supervision and monitoring shall be provided in accordance with Sections 5004.9 and 5004.10.
15.06.330 CFC Section 5601.1.3 amended - Fireworks.
Section 5601.1.3 is amended as follows:
5601.1.3 Fireworks. The possession, manufacturing, storage, sale, handling, and use of fireworks are prohibited.
Exceptions:
1. Exception 1 is deleted.
2. Exception 2 is deleted.
3. No amendment
4. Exception 4 is deleted.
5. Snap caps and party poppers classified by the California Office of the State Fire Marshal (SFM) as pyrotechnic devices.
15.06.340 CFC Section 5704.2.7.5.8 amended - Exception.
Section 5704.2.7.5.8, Exception, is amended to read:
Exception: Outside aboveground tanks with a capacity of 100 gallons (378 L) or less.
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13 15.06.350 CFC Chapter 60 Title
Chapter 60's title is hereby amended to read:
CHAPTER 60
HIGHLY TOXIC AND TOXIC MATERIALS
AND MODERATELY TOXIC GASES INCLUDING THOSE USED AS
REFRIGERANTS
15.06.360 CFC Section 6004.1 amended - General
Section 6004.1 is hereby amended to read:
6004.1 General. Materials that are stored and used as a gas whether or not the material meets the definition of a compressed gas, and that meet the definition of a highly toxic, toxic or moderately toxic gas shall comply with Section 6004.
Performance based design alternatives may be used for refrigeration systems.
Moderately toxic gases with an LC50 less than or equal to 3,000 parts per million shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.10.4.
Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by Section 6004.1.6, shall comply with the requirements for toxic gases in Sections 6004.2.2.1 through 6004.2.2.7.
The minimum threshold quantity for highly toxic, toxic and moderately toxic gases, vapors and mists for indoor and exterior storage and use are set forth in Table 6004.1.
Table 6004.1
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
15.06.370 CFC Section 6004.1.2 amended - Gas Cabinets
Section 6004.1.2 is amended to read:
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14 6004.1.2 Gas cabinets. Gas cabinets containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.6 and the following requirements:
[balance to remain the same]
15.06.380 CFC Section 6004.1.3 amended - Exhausted Enclosures Section 6004.1.3 is amended to read:
6004.1.3 Exhausted enclosures. Exhausted enclosures containing highly toxic, toxic or moderately toxic gases shall comply with Section 5003.8.5 and the following requirements:
[balance to remain the same]
15.06.390 CFC Sections 6004.1.4 added - Automatic shut-off valve
Section 6004.1.4 is added to read:
6004.1.4 Automatic shut-off valve. An automatic shut-off valve, which is of a fail-safe to close design, shall be provided to shut off the supply of highly toxic gases as close as possible to the supply container for any of the following:
1. Activation of a manual fire alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
15.06.400 CFC Section 6004.1.5 added - Annual Maintenance
Section 6004.1.5 is added to read:
6004.1.5 Annual Maintenance. All safety control systems at a facility shall be maintained in good working condition and tested not less frequently than annually.
Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Maintenance records and certifications shall be kept for a minimum of three years and shall be made available to any representative of the Livermore-Pleasanton Fire Department for inspection upon request.
15.06.410 CFC Section 6004.1.6 added - Maximum threshold quantity
Section 6004.1.6 is added to read:
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15 6004.1.6 Maximum threshold quantity. Toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area or H-Occupancy shall comply with the additional requirements for highly toxic gases of Section 6004 of this code.
Moderately toxic gases stored or used in quantities exceeding the maximum threshold quantity in a single vessel per control area or outdoor control area or H-Occupancy shall comply with the additional requirements for toxic gases of Section 6004 of this code.
15.06.420 CFC Section 6004.1.7 added - Reduced flow valve
Section 6004.1.7 is added to read:
6004.1.7 Reduced flow valve. All containers of materials other than lecture bottles containing highly toxic material and having a vapor pressure exceeding 29 psi shall be equipped with a reduced flow valve when available. If a reduced flow valve is not available, the container shall be used with a flow-limiting device. All flow limiting devices shall be part of the valve assembly and visible to the eye when possible; otherwise, they shall be installed as close as possible to the cylinder source.
Exception: When the process use rate is approximately equal to the maximum flow rate of the cylinder/tank valve.
15.06.430 CFC Section 6004.1.8 added - Fire extinguishing systems
Section 6004.1.8 Fire extinguishing systems is added to read:
6004.1.8 Fire extinguishing systems. Buildings and covered exterior areas for storage and use areas of materials regulated by this Chapter shall be protected by an automatic fire sprinkler system in accordance with NFPA 13. The design of the sprinkler system for any room or area where highly toxic, toxic and moderately toxic gases are stored, handled or used shall be in accordance with Section 5004.5.
15.06.440 CFC Section 6004.1.9 added - Local gas shut off
Section 6004.1.9 Local gas shut off is added to read:
6004.1.9 Local gas shut off. Manual activation controls shall be provided at locations near the point of use and near the source, as approved by the fire code official. The fire code official may require additional controls at other places, including, but not limited to, the entry to the building, storage or use areas, and emergency control stations. Manual activated shut-off valves shall be of a fail-safe-to-close design. 443
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16 15.06.450 CFC Section 6004.1.10 added - Exhaust ventilation monitoring
Section 6004.1.10 Exhaust ventilation monitoring is added to read:
6004.1.10 Exhaust ventilation monitoring. For highly toxic gases, toxic and moderately toxic gases exceeding minimum threshold quantities, a continuous monitoring system shall be provided to assure that the required exhaust ventilation rate is maintained. The system shall monitor actual air flow in the exhaust system. The monitoring system shall initiate a local alarm. The alarm shall be both visual and audible and shall be designed to provide warning both inside and outside of the interior storage, use, or handling area.
15.06.460 CFC Section 6004.1.11 added - Emergency response plan
Section 6004.1.11 Emergency response plan is added to read:
6004.1.11 Emergency response plan. If the preparation of an emergency response plan for the facility is not required by any other law, responsible persons shall prepare, or cause to be prepared, and filed with the fire code official, a written emergency response plan. If the preparation of an emergency response plan is required by other law, a responsible person shall file a copy of the plan with the fire code official.
15.06.470 CFC Section 6004.1.12 added - Emergency Response Liaisons
Section 6004.1.12 Emergency Response Liaisons is added to read:
6004.1.12 Emergency Response Liaisons. Responsible persons shall be designated and trained to be liaison personnel for the Livermore-Pleasanton Fire Department.
There persons shall aid the Fire Department in preplanning emergency responses and understanding the materials and operations utilizing the gases.
15.06.480 CFC Section 6004.1.13 added - Emergency Drills
Section 6004.1.13 Emergency Drills is added to read:
6004.1.13 Emergency Drills. Emergency drills of the on-site emergency response personnel and liaisons shall be conducted on a regular basis but not less than every six months. Records of drills conducted shall be maintained for three years.
15.06.490 CFC Section 6004.1.14 added - Cylinder leak testing
Section 6004.1.14 Cylinder leak testing is added to read:
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17 6004.1.14 Cylinder leak testing. Cylinders shall be tested for leaks immediately upon delivery and again immediately prior to departure. Testing shall be approved by the fire code official in accordance with appropriate nationally recognized industry standards and practices, if any. Appropriate remedial action shall be immediately undertaken when leaks are detected.
15.06.500 CFC Section 6004.1.15 added - Inert gas purge system
Section 6004.1.15 is added to read:
6004.1.15 Inert gas purge system. Gas systems shall be provided with dedicated inert gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas, provided the gases are compatible. Purge gas systems inside buildings shall be located in an approved gas cabinet unless the system operates by vacuum demand.
Exception: Refrigeration systems.
15.06.510 CFC Section 6004.1.16 added - Seismic shutoff valve Section 6004.1.16 is added to read:
6004.1.16 Seismic shutoff valve. An automatic seismic shut-off valve, which is of a fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and moderately toxic gases with an LC50 less than 3,000 parts per million upon a seismic event within 5 seconds of a horizontal sinusoidal oscillation having a peak acceleration of 0.3G (1.47m/sec2) and a period of 0.4 seconds.
15.06.520 CFC Section 6004.1.17 added - Fittings and connections.
Section 6004.1.17 is added to read:
6004.1.17 Fittings and connections. Fittings and connections shall be located in a gas cabinet, exhausted enclosure, gas room or exhausted valve manifold box.
Exception: Welded connections.
15.06.530 CFC Section 6004.2 amended - Indoor storage and use.
Section 6004.2 is amended to read:
The indoor storage or use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.4. 445
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18 15.06.540 CFC Section 6004.2.1 amended - Applicability
Section 6004.2.1 is amended to read:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1.1 through 6004.2.1.5.
15.06.550 CFC Section 6004.2.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.
Section 6004.2.1.1 is amended to read:
6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control area. The indoor storage or use of highly toxic and toxic compressed gases in amounts not exceeding the maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, 6004.2.1.4 and 6004.2.1.5.
15.06.560 CFC Section 6004.2.1.4 added - Quantities not exceeding minimum threshold quantity per control area.
Section 6004.2.1.4 is added to read:
6004.2.1.4 Quantities not exceeding minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, and 6004.1 and Chapter 50.
15.06.570 CFC Section 6004.2.1.5 added - Quantities exceeding minimum threshold quantity per control area.
Section 6004.2.1.5 is added to read:
6004.2.1.5 Quantities exceeding the minimum threshold quantity per control area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.2 and Chapter 50.
15.06.580 CFC Section 6004.2.2 amended - General indoor requirements. 446
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19 Section 6004.2.2 is amended to read:
6004.2.2 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic and moderately toxic compressed gases shall be in accordance with Sections 6004.2.2.1 through 6004.2.2.10.3.
Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).
15.06.590 CFC Section 6004.2.2.5 amended - Piping and controls -stationary tanks, Item 1
Section 6004.2.2.5 Piping and controls - stationary tanks, Item 1 is amended by deleting the exception
CFC Section 6004.2.2.5 Piping and controls -stationary tanks
1. Pressure relief devices shall be vented to a treatment system designed in accordance with Section 6004.2.2.7
Delete exception.
15.06.600 CFC Section 6004.2.2.7 amended - Treatment systems.
Section 6004.2.2.7 is amended to delete exception 2:
6004.2.2.7 Treatment systems - Delete Exception 2.
15.06.610 CFC Section 6004.2.2.10.1 amended - Alarms.
Section 6004.2.2.10.1 is amended to delete the exception:
6004.2.2.10.1 Alarms. Delete Exception.
15.06.620 CFC Section 6004.3 amended - Outdoor storage and use.
Section 6004.3 is amended to read:
6004.3 Outdoor storage and use. The outdoor storage or use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.1 through 6004.3.4.
The minimum threshold quantity for highly toxic, toxic and moderately toxic gases for outdoor storage and use are set forth in Table 6004.1.
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20 15.06.630 CFC Section 6004.3.1 amended - Applicability
Section 6004.3.1 is amended to read:
6004.3.1 Applicability. The applicability of regulations governing the outdoor storage and use of highly toxic, toxic, and moderately toxic gases shall be as set forth in Sections 6004.3.1.1 through 6004.3.1.5.
15.06.640 CFC Section 6004.3.1.1 amended - Quantities not exceeding the maximum allowable quantity per control area.
Section 6004.3.1.1 is amended to read:
6004.3.1.1 Quantities not exceeding the maximum allowable quantity per control area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding the threshold quantity per control area set forth in Table 5003.1.1(4) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.3.1.4 and 6004.3.1.5.
15.06.650 CFC Section 6004.3.1.4 added Quantities not exceeding the minimum threshold quantity per control area.
Section 6004.3.1.4 is added to read:
6004.3.1.4 Quantities not exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts not exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1 and Chapter 50.
15.06.660 CFC Section 6004.3.1.5 added - Quantities exceeding the minimum threshold quantity per control area.
Section 6004.3.1.5 is added to read:
6004.3.1.5 Quantities exceeding the minimum threshold quantity per control area. The outdoor storage or use of highly toxic, toxic and moderately toxic gases in amounts exceeding the minimum threshold quantity per control area set forth in Table 6004.1 shall be in accordance with Sections 6001, 6004.1, 6004.3 and Chapter 50. 448
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21 15.06.670 CFC Section 6004.3.2 amended - General outdoor requirements.
Section 6004.3.2 is amended to read:
6004.3.2 General outdoor requirements. The general requirements applicable to the outdoor storage and use of highly toxic, toxic and moderately toxic gases shall be in accordance with Sections 6004.3.2.1 through 6004.3.2.4.
Moderately toxic gases with an LC50 equal to or less than 3000 parts per million shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.
Moderately toxic gases with an LC50 more than 3000 parts per million but not greater than 5000 parts per million and exceeding the maximum threshold quantity, as determined by 6004.1.6, shall comply with the requirements for toxic gases in Sections 5001, 5003, 6001, 6004.1 and 6004.3.2.1 through 6004.3.2.4.
Moderately toxic gases shall not be considered as toxic gases for maximum allowable quantities determinations under Table 5003.1.1(2).
15.06.680 CFC Section 6004.3.3 amended - Outdoor storage weather protection for portable tanks and cylinders.
Section 6004.3.3 is amended to read:
6004.3.3 Outdoor storage weather protection for portable tanks and cylinders. Weather protection in accordance with Section 5004.13 shall be provided for portable tanks and cylinders located outdoors and not within gas cabinets or exhausted enclosures. The storage area shall be equipped with an approved automatic sprinkler system in accordance with Section 5004.5.
Delete Exceptions.
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EXHIBIT D
Chapter 15.08
ELECTRICAL CODE
Sections:
15.08.010
15.08.020
15.08.030
15.08.040
15.08.050
15.08.010
Title for citation.
Documents adopted by reference.
Amendments to the National Electrical Code.
Connection to energy source - Conditions.
Article 210.12 amended – Arc-Fault Circuit-Interrupter Protection
Title for citation.
This chapter shall be known as the "electrical code," may be cited as such and will be referred to in this chapter as "this code."
15.08.020 Documents adopted by reference.
The National Electrical Code, 202 3 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the National Fire Protection Association is hereby adopted.
15.08.030 Amendments to the National Electrical Code.
The National Electrical Code adopted by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter. Reference numbers herein are taken from the 202 5 California Electrical Code, Title 24 of the California Code of Regulations.
15.08.040 Connection to energy source - Conditions.
A. It is unlawful for any person, firm or corporation to make connection from a source of electrical energy or to supply electrical service to any electrical wiring or equipment, for the installation of which a permit is required, unless authorized by the building official.
B. When the electrical wiring and equipment is found to be in conformity with the provisions of this code, the building official shall indicate such approval by signing and dating the permit card and, if the building or premises containing the electrical installation has been approved by the building official for occupancy, the building official shall notify the serving electrical utility of such approval and shall authorize the connection of the installation to the source of supply. 450
EXHIBIT D
C. When a building has not been approved for occupancy, the building official may authorize temporary connection of approved electrical installation, or portions thereof, to a source of energy for purposes of testing equipment, providing light to facilitate completion of such building, or similar purposes, provided the owner has filed a statement with the building official certifying that the building will not be occupied for purposes other than doing work necessary to complete the building.
15.08.050 Article 210.12 amended – Arc-Fault Circuit-Interrupter Protection
Article 210.12 is amended to read:
Arc-fault circuit-interrupter (AFCI) protection shall be installed in accordance with 210.12(B) through (E) by any of the means described in 210.12 (A)(1) through (A)(6). The AFCI shall be listed and installed in a readily acc essible location. The requirements of Article 210.12 shall apply to panelboard changeouts.
451
EXHIBIT E
Chapter 15.10
MECHANICAL CODE
Sections:
15.10.010
15.10.020
15.10.030
15.02.040
15.02.050
15.02.060
15.02.070
15.10.010
Title for citation.
Document adopted by reference.
Amendments to Uniform Mechanical Code
CMC Chapter 1, Division II Scope And Administration Section 104.4.6 deleted - Retention of Plans.
CMC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees. CMG Chapter 1, Division II Administration Section 106.3 amended - Penalties.
CMC Chapter 1, Division II Scope And Administration Section 107.0 deleted - Board of Appeals.
Title for citation.
This chapter shall be known as the "mechanical code," may be cited as such and will be referred to in this chapter as "this code."
15.10.020 Document adopted by reference.
The Uniform Mechanical Code, 2024 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Association of Plumbing and Mechanical Officials together with Chapter 1 Division II, Administration is hereby adopted.
15.02.030 Amendments to Uniform Mechanical Code.
The Uniform Mechanical Code (UMC) adopted in this chapter by reference is amended by the following additions, deletions and amendments thereto as set forth in this chapter.
Reference numbers herein are taken from the 2025 California Mechanical Code (CMC).
15.02.040 CMC Chapter 1, Division II Scope And Administration Section 104.4.6 deleted - Retention of Plans.
Section 104.4.6 Retention of Plans is hereby deleted.
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EXHIBIT E
15.02.050 CMC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees.
Section 104.5 Fees is amended to read:
Fees are to be set by resolution of the Livermore City Council.
15.02.060 CMC Chapter 1, Division II Scope And Administration Section 106.3 amended - Penalties.
Section 106.3 Penalties is amended to read:
Any person, firm, or corporation violating a provision of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16 and 1.20.
15.02.070 CMC Chapter 1, Division II Scope And Administration Section 107.0 deleted - Board of Appeals.
Section 108.0 Board of Appeals is hereby deleted.
453
EXHIBIT F
Chapter 15.12
PLUMBING CODE
Sections:
15.12.010
15.12.020
15.12.030
15.12.040
15.12.050
15.12.060
15.12.070
15.12.080
15.12.090
15.12.010
Title for citation.
Document adopted by reference.
Amendments to Uniform Plumbing Code.
CPC Chapter 1, Division II S c o p e A nd Administration Section 104.4.6 deleted - Retention of Plans
CPC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees. CPC Chapter 1, Division II Scope And Administration Section 106.3 amended - Penalties.
CPC Chapter 1, Division II Scope And Administration Section 107.0 deleted -Board of Appeals.
CPC Chapter 1, Division II Scope And Administration Section 108 added - Disconnection.
CPC Section 609.3 amended - Under Concrete Slab
Title for citation.
This chapter shall be known as the "plumbing code," may be cited as such and will be referred to in this chapter as "this code."
15.12.020 Document adopted by reference.
The Uniform Plumbing Code, 202 4 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted,-except as hereinafter amended in this chapter.
15.12.030 Amendments to Uniform Plumbing Code.
The Uniform Plumbing Code (UPC) adopted herein by reference is hereby amended by the following additional deletions and amendments thereto as set forth in this chapter.
Reference numbers herein are taken from the 202 5 California Plumbing Code, (CPC) Title 24 of the California Code of Regulations.
15.12.040 CPC Chapter 1, Division II Scope And Administration Section 104.4.6 deleted - Retention of Plans.
Section 104.4.6 Retention of Plans is hereby deleted.
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EXHIBIT F
15.12.050 CPC Chapter 1, Division II Scope And Administration Section 104.5 amended - Fees.
Section 104.5 Fees is amended to read:
Fees are to be set by resolution of the Livermore City Council.
15.12.060 CPC Chapter 1, Division II Scope And Administration Section 106.3 amended - Penalties.
Section 106.3 Penalties is amended to read:
Any person, firm, or corporation violating a provision of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16 and 1.20.
15.12.070 CPC Chapter 1, Division II Scope And Administration Section 107.0 deleted - Board of Appeals.
Section 107.0 Board of Appeals is hereby deleted.
15.12.080 CPC Chapter 1, Division II Scope And Administration Section 108 added - Disconnection.
Section 108 Disconnection is added to read:
The building official is authorized to order discontinuance of utility service to any buildings or structure which has been declared by the building official to be unsafe to occupy. No person, firm or corporation shall reconnect or supply service to such building without first having received express authorization from the building official.
15.12.090 CPC Section 609.3 amended - Under Concrete Slab.
Section 609.3 is amended to read:
Water distribution systems shall not be installed under a concrete floor slab within a building.
455
EXHIBIT G
`
Chapter 15.14
RESIDENTIAL
CODE
Sections:
15.14.010
15.14.020
15.14.030
15.14.040
15.14.050
15.14.060
15.14.070
15.14.080
15.14.090
15.14.100
15.14.110
15.14.120
15.14.130
15.14.140
15.14.150
15.14.160
15.14.170
15.14.010
Title for citation.
Document adopted by reference.
Amendments to International Residential Code.
CRC Chapter 1, Division II amended - Title block.
CRC Chapter 1, Division II, Section 101.1 amended - Title CRC Chapter 1, Division II, Section R102 amended - Applicability CRC Chapter 1, Division II, Section 103 amended -Code Compliance Agency CRC Chapter 1, Division II, Section R105 amended - Permits.
CRC Chapter 1, Division II, Section R107 deleted - Temporary Structures and Uses
CRC Chapter 1, Division II, Section R108 amended - Fees CRC Chapter 1, Division II, Section R110 amended - Certificate of Occupancy
CRC Chapter 1, Division II, Section R112 deleted – Means of Appeals CRC Chapter 1, Division II, Section R113 amended - Violations CRC Chapter 1, Division II, Section R114 amended – Stop Work Order CRC Table R301.2 amended - Climatic and Geographic Design Criteria CRC Section R403.1.3 amended - Footing and stem wall reinforcing in Seismic Design Categories D0, D1, D2.
CRC Section R902.1 amended - Roofing Assemblies.
Title for citation.
This chapter shall be known as the "Residential Code," may be cited as such and will be referred to in this chapter as "this code."
15.14.020 Documents adopted by reference.
The International Residential Code, 202 5 Edition, as amended and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, published by the International Code Council is hereby adopted together with Chapter 1 Division II, Administration.
15.14.030 Amendments to International Residential Code.
The International Residential Code adopted herein by reference is hereby amended by the following additional deletions and amendments thereto as set forth in this chapter.
Reference numbers herein are taken from the 202 5 California Residential Code (CRC), Title 24 of the California Code of Regulations.
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EXHIBIT G
15.14.040 CRC Chapter 1, Division II amended -Title block.
CRC Chapter 1, Division II, Title block shall be amended to read:
CHAPTER 1, DIVISION II
LIVERMORE RESIDENTIAL CODE ADMINISTRATIVE PROVISIONS
15.14.050 CRC Chapter 1, Division II, Section 101.1 amended - Title.
CRC Chapter 1, Division II, Section 101.1 is amended to read:
R101.1 Title. These provisions shall be known as the "Residential Code for One-and Two family Dwellings of the "City of Livermore" and shall be cited as such and will be referred to hereinafter as "this code."
15.14.060 CRC Chapter 1, Division II, Section R102 amended - Applicability
R102.6 Existing Structures is amended to read:
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Livermore Property Maintenance Code or the Livermore Fire Code, or as deemed necessary by the building official for the general safety and welfare of the occupants and the public.
15.14.070 CRC Chapter 1, Division II, Section 103 amended – Code Compliance Agency.
CBC Chapter 1, Division II, Section 103 is amended to read:
SECTION 103
CODE COMPLIANCE AGENCY
R103.1 Creation of agency is amended to read:
The Building and Safety Division is hereby created and the official in charge thereof shall be known as the building official. The function of the Building and Safety Division shall be the implement ation, administration an d enforcement of the provisions of this code.
R103.2 Appointment is amended to read:
The building official shall be appointed by the city manager.
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EXHIBIT G
R103.3 Deputies is amended to read:
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.
15.14.080 CRC Chapter 1, Division II, Section R105 amended - Permits.
R105.2 Work exempt from permits is amended to read:
Delete all reference to Electrical, Gas, Mechanical, and Plumbing repairs, appliances and fixtures. These items are addressed in the Livermore Electrical, Mechanical and Plumbing Codes.
Delete:
The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however that if any concealed trap, drainpipe, water, soil , w aste or vent pipe becomes defective, and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement of valves, pipes or fixtures.
R105.2.1 Emergency repairs is deleted.
R105.2.2 Repairs is deleted.
15.14.090 CRC Chapter 1, Division II, Section R107 deleted - Temporary Structures And Uses
R107 Temporary Structures And Uses is deleted.
15.14.100 CRC Chapter 1, Division II, Section R108 amended - Fees
R108 Fees is amended to read:
Fees are to be set by resolution of the Livermore City Council. 458
EXHIBIT G
15.14.110 CRC Chapter 1, Division II, Section R110 amended- Certificate of Occupancy
R110.1 Use and change of occupancy is amended to read:
Newly constructed one or two family dwellings shall not be used or occupied until the building official has issued a certificate of occupancy therefore provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
15.14.120 CRC Chapter 1, Division II, Section R112 deleted – Means of Appeals
R112 Board of Appeals is deleted.
15.14.130 CRC Chapter 1, Division II, Section R113 amended – Violations
R113.2 Notice of violation is deleted.
R113.2 Prosecution of violation is deleted.
R113.4 Violation penalties is amended to read:
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code shall be subject to penalties prescribed in the Livermore Municipal Code Chapters
1.16 and 1.20.
15.14.140 CRC Chapter 1, Division II, Section R114 amended – Stop Work Order
R114.4 Failure to Comply is amended to read:
Any person who shall continue work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties prescribed in the Livermore Municipal Code Chapters 1.16 and 1.20. 459
EXHIBIT G
15.14.150 CRC Table R301.2 amended- Climatic and Geographic Design Criteria
Table R301.2 is amended to read:
TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
15.14.160 CRC Section R403.1.3 amended – Footing and stem wall reinforcing in Seismic Design Categories D0, D1, D2.
Section R403.1.3 is amended to read:
R403.1.3 Seismic Reinforcing. Concrete footings located in Seismic Design Categories D 0, 01 and 02, as established in Table R301.2, shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.
15.14.0170 CRC Section R902.1 amended – Roof Assemblies.
Section R902.1 is amended to read:
Roof coverings. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in Livermore. Roofing shall be tested and listed in accordance with UL790 or ASTM E 108. Where required, the roof assembly shall be listed and identified as to class by an approved testing agency.
460
EXHIBIT H
Chapter 15.26
GREEN BUILDING STANDARDS CODE
Sections:
15.26.010
15.26.020
15.26.030
15.26.040
15.26.050
15.26.060
15.26.070
15.26.080
15.26.090
15.26.100
15.26.110
15.26.120
15.26.130
15.26.140
15.26.150
15.26.160
15.26.170
15.26.180
15.26.190
15.26.200
15.26.210
15.26.220
15.26.230
15.26.240
15.26.250
15.26.260
Title for citation.
Document adopted by reference.
Amendments to California Green Building Standards Code.
GBSC Section 202 amended - Definitions
GBSC Section 304.1.2 added - Alternate methods.
GBSC Section 4.106.1 amended - General.
GSBC Section 4.106.4 amended - Electric vehicle (EV) charging for new construction.
GBSC section 4.106.4.1 amended- New one- and two-family dwellings and townhouses with attached private garages
GBSC section 4.106.4.2 amended-New multifamily dwellings, hotels and motels and new residential parking facilities
GBSC section 4.106.4.2.2 deleted – Multifamily dwellings GBSC section 4.106.4.2.2.1 amended - Electric vehicle charging stations (EVCS)
GBSC section 4.106.4.2.2.1.2 deleted - Accessible electric vehicle charging station Spaces
GBSC section 4.106.4.2.5 deleted - Electric vehicle ready space signage GBSC section 4.106.4.2.6 deleted – Hotels and motels
GBSC section 4.106.4.4 amended - Bicycle parking
GBSC Section 4.106.5 added - All-electric buildings
GBSC Section 4.106.5.1 added - New construction
GBSC Section 4.106.5.2 added - Requirements for combustion equipment.
GSBC Section 5.106.5.3 amended - Electric vehicle (EV) charging.
GSBC Section 5.106.5.3.1 amended - EV capable spaces.
GSBC Section 5.106.5.3.2 amended - Electric vehicle charging stations (EVCS)
GSBC Section 5.106.5.3.3 amended - Use of automatic load management systems (ALMS).
GSBC Section 5.106.5.3.4 amended - Accessible electrical vehicle charging stations (EVCS)
GSBC Section 5.106.13 added - All-electric buildings.
GSBC Section 5.106.13.1. added - New construction.
GSBC Section 5.106.13.2. added - Requirements for combustion equipment. 461
EXHIBIT H
15.26.010 Title for citation.
This chapter shall be known as the "Green Building Standards Code," may be cited as such and will be referred to in this chapter as "this code."
15.26.020 Documents adopted by reference.
The Green Building Standards Code, 2025 Edition, as set forth in the California Building Standards Code (GBSC), Title 24 of the California Code of Regulations, published by the State of California is hereby adopted.
15.26.030 Amendments to the California Green Building Standards Code.
The Green Building Standards Code adopted herein by reference is hereby amended by the following additions, deletions, and amendments thereto as set forth in this chapter.
15.26.040 GBSC Section 202 amended - Definitions.
Section 202 is amended to add, amend, or delete the following definitions:
Section 202 is amended to add the following definitions:
AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat -processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code. 462
EXHIBIT H
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40- ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE." iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on -site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
v. The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.
LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40 - ampere) at each parking space.
463
EXHIBIT H
LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40 - ampere) at each parking space.
Section 202 is amended to amend the following definitions:
AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
Section 202 is amended to delete the following definitions:
ELECTRIC VEHICLE (EV) READY SPACE. [HCD]
ELECTRIC VEHICLE (EV) CAPABLE SPACE.
LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD]
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EXHIBIT H
15.26.050 GBSC Section 304.1.2 added - Alternate methods.
Section 304.1.2 is added to read:
Alternate Methods. As an alternative to achieving compliance with the Green Building Standards Code requirements, a project may instead achieve compliance through; (i) the United States Green Building Council's Leadership in Energy and Environmental Design (LEED), (ii) Build It Green's Green Point Rating System; or (iii) another recognized and approved third party green building standards and rating system. Equivalency to the Green Building Standards Code shall be evaluated, detailed and certified by the design professional.
15.26.060 GBSC Section 4.106.1 amended - General.
Section 4.106.1 is amended to read:
General: Preservation and use of the available natural resources shall be accomplished through evaluation and careful planning to minimize negative effects on the site and adjacent areas. Preservation of slopes, management of storm water drainage and erosion controls shall comply with this section, and the provisions of the Stormwater Management and Control Program (Municipal Code chapter 13.45).
15.26.070 GSBC Section 4.106.4 amended - Electric vehicle (EV) charging for new construction.
Section 4.106.4 is amended to read:
New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Signage for EVCS and EV Ready spaces shall be identified by signage or pavement markings, in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
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EXHIBIT H
1.1. Where there is no local utility power supply, or the local utility is unable to supply adequate power.
1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.
3. Multifamily residential R-2 building projects that have approved entitlements before the code effective date.
15.26.080 GBSC section 4.106.4.1 amended- New one- and two-family dwellings and townhouses with attached private garages
Section 4.106.4.1 is amended to read:
One parking space provided per unit shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 2 EV Ready space.
Exception: Accessory Dwelling Units with new parking facilities shall provide one Level 2 EV Capable space.
Delete Exception and sub-section 4.106.4.1.1 Identification
15.26.090 GBSC section 4.106.4.2 amended- New multifamily dwellings, hotels and motels and new residential parking facilities
Section 4.106.4.2 is amended to read:
Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.
Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.2.
466
EXHIBIT H
EV Ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
15.26.100 GBSC section 4.106.4.2.2 deleted - Multifamily dwellings Section 4.106.4.2.2 is deleted.
15.26.110 GBSC section 4.106.4.2.2.1 amended - Electric Vehicle Charging Stations (EVCS)
Section 4.106.2.2.1 is amended to read:
Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section 4.106.4.2.2.1.1.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
15.26.120 GBSC section 4.106.4.2.2.1.2 deleted - Accessible electric vehicle charging station Spaces
Section 4.106.4.2.2.1.2 is deleted.
15.26.130 GBSC section 4.106.4.2.5 deleted - Electric Vehicle Ready Space Signage
Section 4.106.4.2.5 is deleted.
15.26.140 GBSC section 4.106.4.2.6 deleted – Hotels and motels
Section 4.106.4.2.6 is deleted.
15.26.150 GBSC section 4.106.4.4 amended - Bicycle parking
Section 4.106.4.4 is amended to read:
Bicycle parking shall comply with Livermore Development Code (LDC) section LDC 4.04.030.
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EXHIBIT H
15.26.160 GBSC Section 4.106.5 added - All-electric buildings.
Section 4.106.5 is added to read:
New construction buildings shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.
15.26.170 GBSC Section 4.106.5.1 added - New construction.
Section 4.106.5.1 is added to read:
New construction: All newly constructed buildings shall be all-electric buildings.
Building additions, alterations, repairs, and tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of new construction shall be made by the local enforcing agency.
Exceptions:
1. Multifamily residential building projects that have approved entitlements before the effective date of this ordinance may install fuel gas for water heating systems serving multiple dwelling units. The applicant shall comply with Section
4.106.5.2.
2. Accessory Dwelling Units (ADUs) that are constructed on a lot with an existing residence that utilizes fuel gas.