Agenda packet — Livermore City Council, January 26, 2026 (part 1 of 2)

CITY COUNCIL
AGENDA
MONDAY, JANUARY 26, 2026
REGULAR MEETING –
7:00 PM
CLOSED SESSION - 6:30 PM

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

CIVIC CENTER MEETING HALL

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

Comcast TV Channel 29
tv29live.org
John P Marchand, Mayor
Kristie Wang, Vice Mayor
Ben
Barrientos, Council Member
Evan Branning, Council Member
Steven Dunbar, Council Member
Livermore City Council Agenda
January 26, 2026

1 1.

CLOSED SESSION - 6:30 PM

Roll Call
Opportunity for the the Public to Address City Council Regarding Closed Session Items Adjourn to Closed Session
Note: This Closed Session may be continued to the end of the Regular Meeting.

1.1 Conference with Legal Counsel – Existing Litigation. To meet with legal counsel pursuant to Government Code section 54956.9(d)(1) to discuss litigation that has been formally initiated.

One Case.

Rojas v. AFF Trans, LLC, Eriksen v. AFF Trans, LLC, Alameda County Superior Court Case No. RG21102542 (Two cases consolidated into one); City of Livermore v. The Superior Court of Alameda County, First District Court of Appeals Case No. A175197.

2. CALL TO ORDER

3. PROCLAMATIONS AND PRESENTATIONS

3.1 Presentation of Military Banners to Families.

Recommendation:

Staff recommends City Council accept the Military Banners presentation to the families of the honorees.

Staff Report

Attachments:

1. 2025 Military Banner Program

3.2 Alameda County Transportation Commission (ACTC) Rail Safety Enhancement Program – Phase A Project update presented by Angelina Leong, Principal Program Analyst.

Recommendation:

Staff recommends the City Council receive the update.

Staff Report

ROLL CALL

Council Member Ben Barrientos
Council Member Evan Branning
Council Member Steven Dunbar
Vice Mayor Kristie Wang
Mayor John Marchand

PLEDGE OF ALLEGIANCE

REPORT OF ACTION TAKEN IN CLOSED SESSION

Livermore City Council Agenda
January 26, 2026

2 4.

ADVISORY BODY APPOINTMENTS - NONE

5. OPEN FORUM

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

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

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

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

6. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input must submit a speaker card found at the entrance of the Council Chambers. A speaker is limited to a single comment with a maximum of three minutes for the entire Consent Calendar. If Consent Calendar items are pulled for discussion by the City Council, a speaker will be allowed one comment per item on the items pulled for discussion and a separate comment for the remaining Consent Calendar.

6.1 Approval of draft minutes - January 12, 2026 Regular Meeting.

Recommendation:

Staff recommends the City Council approve the draft minutes.

Staff Report

Attachments:

1. DRAFT 2026-01-12

6.2 Resolution authorizing execution of a Memorandum of Understanding with Alameda County Transportation Commission and Construction and Maintenance Agreements with Union Pacific Railroad and Alameda County Transportation Commission for the construction of the L Street and Junction Avenue railroad crossings as part of the Rail Safety Enhancement Program – Phase A Project of Alameda County Transportation Commission and Livermore SM2025-22.

Recommendation:

Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with Alameda County Transportation Commission (Alameda CTC) for construction of the L Street and Junction Avenue railroad crossings as part of the Rail Safety Enhancement Program – Phase A Project of Alameda CTC and Livermore SM202522, a Construction and Maintenance (C&M) agreement with Union Pacific Railroad (UPRR) and Alameda CTC for L Street, and a C&M Agreement with UPRR and Alameda CTC for Junction Avenue.

Staff Report

Attachments:

Livermore City Council Agenda
January 26, 2026

3 1. Location Map

2. Resolution

3. Exhibit A - MOU

4. Exhibit B - L Street C&M Agreement

5. Exhibit C - Junction Avenue C&M Agreement

6.3 Resolution authorizing execution of an agreement with Block by Block-CA, Inc. in an amount not to exceed $642,315 for FY 2025-26 and FY 2026-27 to provide essential health and sanitation services through the Community Ambassador Program.

Recommendation:

Staff recommends City Council authorize the City Manager to execute an agreement between the City of Livermore and Block by Block-CA, Inc. in an amount not to exceed $642,315 for FY 2025-26 and FY 2026-27 to provide essential health and sanitation services through the Community Ambassador Program.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Agreement

6.4 Resolution authorizing the allocation of General Funds and Social Opportunity Endowment Funds in the total amount of $255,578 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use and distribute funds.

Recommendation:

The Human Services Commission and staff recommend the City Council adopt a resolution authorizing the allocation of $255,578 in funding for Fiscal Years 2025-27 as listed below and authorizing the City Manager to negotiate and execute all related documents, grant agreements, and modifications.
1 .

General Funds in the amount of $200,000
2 .

Social Opportunity Endowment (SOE) Funds in the amount of $55,578

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Human Services Grant Funding FY 2025-26 and FY 2026-2027 Recommendations

6.5 Resolution accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2025.

Recommendation:

Staff recommends the City Council adopt a resolution accepting the following reports for Fiscal Year 2024-25 as completed:
1 .

Annual Comprehensive Financial Report, and ratify and approve the audited financial statements presented therein in accordance with Government Code §37208; 2 .

Alameda County Transportation Commission Measure B Program Financial

Livermore City Council Agenda
January 26, 2026

4 Statements;
3 .

Alameda County Transportation Commission Measure BB Program Financial Statements;
4 .

Alameda County Transportation Commission Vehicle Registration Fee (VRF) Measure F Program Financial Statements;
5 .

Agreed Upon Procedures for Compliance with the Proposition 111 2024-25 Appropriations Limit Increment;
6 .

Memorandum of Internal Control; and
7 .

Required Communications.

Staff Report

Attachments:

1. Resolution

2. Exhibit A - Annual Comprehensive Financial Report

3. Exhibit B - ACTC Measure B Funds Financial Statements

4. Exhibit C - ACTC Measure BB Funds Financial Statements

5. Exhibit D - ACTC Vehicle Registration Fee Program (VRF) Financial Statements

6. Exhibit E - Independent Accountant's Report on Applying Agreed Upon Procedures Related to the Article XIII-B Appropriations Limit Calculation

7. Exhibit F - Independent Auditor's Report on Internal Control Over Financial Reporting on Compliance and Other Matters

8. Exhibit G - Required Communications

7. PUBLIC HEARINGS - NONE

8. MATTERS FOR CONSIDERATION - NONE

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, AND COUNCIL MEMBERS

10. ADJOURNMENT

To a Regular City Council meeting on Monday, February 9, 2026 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

11. SUPPLEMENTAL MATERIALS

11.1 Supplemental materials received prior to the meeting.

Staff Report

Attachments:

1. Supplemental Materials

12. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING

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

Open Forum
is an opportunity for the public to speak regarding items not listed on the agenda. Speakers are limited to a maximum of 3 minutes per person. To address the City Council in person, you must submit a speaker card to the City Clerk prior to the start of that

Livermore City Council Agenda
January 26, 2026

5 item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

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

Other Agenda Items
are also open for public input including Advisory Body Appointments, Consent Calendar, or Matters for Consideration items. These comments are also subject to the 3-minute limit. Public comment is not accepted on Proclamations and Presentations.

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

Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

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

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

Submission of Comments During the Meeting:

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

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

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

TV29:
tv29live.org
Comcast Cable 29
Livermore City Council Agenda
January 26, 2026

6 YouTube:
http://youtube.com/c/CityofLivermoreCalifornia

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

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

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

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

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

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

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE

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

Livermore City Council Agenda
January 26, 2026

7 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Carl Brown, Public Works Director
SUBJECT:

Presentation of Military Banners to Families.

RECOMMENDED ACTION

Staff recommends City Council accept the Military Banners presentation to the families of the honorees.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

1. 2025 Military Banner Program

Prepared by: Kathy Hughes
Administrative Assistant

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
8 2025 Military Banner Program
S
ponsor/Banner Recipeint Honoree
Chris & Michelle Padagas* Senior Airman Kieran Padagas Patricia Rubio* Sergeant First Class Margarito Rubio
Roberta Woodruff* Lance Corporal Joseph Schweig
Helena Graves* Captain Alexander Graves
Shirley Packard* Private E3 Sean Packard
The Gregory Family Seaman First Class Leonard Gregory
Ron & Marsha Gillette Quartermaster Third Class Keith Anderson The Alviso Family Sergeant Alfred Alviso
Michelle Mitchell & Paul Maciolek Sergeant Tec 4 William Mitchell The Wilson-Smylie Families Sergeant George Wilson
The Lee Family Lance Corporal Mark Lee
The Coffer & Littlefield Families Airman Second Class Robert Silva The Lisle Family Quartermaster Q First Class Eugene Lisle The Sousa Family Private E2 Enzo Barcelona
The Morgan Family Captain Michael Morgan
The DePeralta Family Hull Technician Chief Rudolfo DePeralta The City of Livermore Second Lieutenant Thomas Kelly
* Fa
milies will be present for presentation of banners.

ATTACHMENT 1
9 CITY COUNCIL STAFF REPORT
ITEM NO. 3.2

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Alameda County Transportation Commission (ACTC) Rail Safety Enhancement Program – Phase A Project update presented by Angelina Leong, Principal Program Analyst.

RECOMMENDED ACTION

Staff recommends the City Council receive the update.

DECISION TYPE
Not Applicable

SUMMARY

DISCUSSION

ATTACHMENTS

Prepared by: Ashley Zieba
Acting City Clerk

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Marianna A. Burch, City Manager
SUBJECT:

Approval of draft minutes - January 12, 2026 Regular Meeting.

RECOMMENDED ACTION

Staff recommends the City Council approve the draft minutes.

DECISION TYPE
Administrative

SUMMARY

DISCUSSION

ATTACHMENTS

1. DRAFT 2026-01-12

Prepared by: Ashley Zieba
Acting City Clerk

DRAFT MINUTES

CITY COUNCIL
JANUARY 12, 2025
________________________________________________________________

REGULAR MEETING

1. CLOSED SESSION - NONE

2. CALL TO ORDER – The meeting of the City Council was called to order by Mayor John Marchand at 7:00 pm, held in person at 1016 S. Livermore Avenue.

ROLL CALL – Present: Mayor John Marchand, Vice Mayor Kristie Wang, Council Members, Ben Barrientos, Evan Branning, and Steven Dunbar.

PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS AND PRESENTATIONS – NONE

4. ADVISORY BODY APPOINTMENTS

4.1 Confirmation of City Historian Appointment and administration of oath of office.

City Historian

Jeff Kaskey to an unexpired term ending February 1, 2026, and a regular term ending February 1, 2028.

ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BARRIENTOS AND CARRIED ON A 5 -0 VOTE THE CITY COUNCIL CONFIRMED THE APPOINTMENT.*

*Per Section 15.3 of the adopted City Council Meeting Rules of Procedure, Council Member Branning’s initial abstention from the item , must be tabulated in favor of the motion due to participation during consideration.

Acting City Clerk Ashley Zieba administered the oath of office.

5. OPEN FORUM

Mayor Marchand opened the public comment period.

Joe Lee provided a comment.
12 CM/75/2 Minutes JANUARY 12, 2026

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

6. CONSENT CALENDAR

Mayor Marchand opened the public comment period.

There were no speakers, and the public comment period was closed.

ON THE MOTION OF COUNCIL MEMBER DUNBAR, SECONDED BY COUNCIL MEMBER BRANNING AND CARRIED ON A 5 -0 VOTE, THE CITY COUNCIL APPROVED THE CONSENT CALENDAR.

6.1 Approval of draft minutes – December 8, 2025 Regular Meeting.

6.2 Adoption of O rdinance 2182 approving Planned Development (PD) 25- 001 for the Abboud Townhomes.

6.3 Resolution 2026-001 authorizing the execution of a first amendment to the agreement with Interwest Consulting Group, Inc., for on- call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $1,500,000.

6.4 Resolution 2026-002 authorizing the execution of a first amendment to the agreement with Gannett Fleming, Inc. for on- call engineering and project management services for various Capital Improvement Plan projects, increasing the not-to-exceed amount from $200,000 to $800,000.

6.5 Resolution 2026-003 authorizing the City Manager to execute first amendments to the lease agreements between the City and New Cingular Wireless PCS, LLC.

6.6 Resolution 2026-004 Intention to establish City of Livermore Community Facilities District 2026-1 (Garaventa Services).

6.7 Update on Host Community Impact Fee Reserve Policy related to the Bankhead Theater.

7. PUBLIC HEARINGS - NONE

8. MATTERS FOR CONSIDERATION - NONE

9. COUNCIL COMMITTEE REPORTS AND MATTERS INITIATED BY CITY

MANAGER, CITY ATTORNEY, STAFF AND COUNCIL MEMBERS

THE MAYOR AND CITY COUNCIL MEMBERS PROVIDED A SUMMARY OF

RECENTLY ATTENDED EVENTS AND MEETINGS IN ADDITION TO THE INFORMATION PROVIDED IN THE SUPPLEMENTAL PACKET. COUNCIL 13 JANUARY 12, 2026 Minutes CM/75/3

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

Livermore-Pleasanton Fire Department Joint Powers Authority Council Member Dunbar noted his attendance at the December 15, 2025 Board meeting.

Council Member Branning expressed support for warming stations; urged residents to reach out to local shelters and donation centers by asking for needed items.

10. ADJOURNMENT – at 7:18 pm to a Regular City Council Meeting on Monday, January 22, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.

APPROVED:

JOHN P. MARCHAND, MAYOR

ATTEST: ___

ASHLEY ZIEBA, ACTING CITY CLERK
14 CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of a Memorandum of Understanding with Alameda County Transportation Commission and Construction and Maintenance Agreements with Union Pacific Railroad and Alameda County Transportation Commission for the construction of the L Street and Junction Avenue railroad crossings as part of the Rail Safety Enhancement Program – Phase A Project of Alameda County Transportation Commission and Livermore SM2025-22.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
Alameda CTC is the Project Sponsor and Implementing Agency for the Rail Safety Enhancement Program – Phase A (RSEP-A) Project. The RSEP-A Project will construct at-grade crossing pedestrian and roadway safety improvements at 26 at-grade crossings and 2 trespass locations throughout Alameda County, including the L Street and Junction Avenue at-grade crossings in the City of Livermore.

Attachment 1 shows the locations of the Livermore crossings. The construction MOU and 2 C&M Agreements are required for Alameda CTC to complete the Right-of-Way Certification allowing Alameda CTC to obtain grant funding for construction.

DISCUSSION
15 The RSEP-A Project addresses an urgent safety need along several Alameda County rail corridors and was developed as an outgrowth from the 2016 Countywide Goods Movement Plan and the 2018 Rail Strategy Study which prioritized at-grade crossings in Alameda County. RSEP-A will install proven safety measures recommended by the California Public Utilities Commission (CPUC) as the safety regulatory agency, UPRR and the local jurisdiction and aims to achieve the following objectives:

Improve safety for all users by reducing trespass collisions at railroad crossings Improve safety of rail operations
Improve efficiency and reliability of freight operations Close gaps and remove barriers in multimodal transportation network Encourage shift to active transportation modes

The proposed improvements at the Livermore at-grade crossings at L Street and Junction Avenue include the following elements:

New concrete track panels required for the added pedestrian infrastructure Upgraded train-activated vehicle gate arms and flashing light signals New train-activated pedestrian gate arms and flashing light signals Manual emergency swing gates
Upgraded advance railroad warning pavement markings and signage New sidewalk
New railing for pedestrians
Detectable warning surfaces to alert people with disabilities Fencing to prevent trespassing in a dangerous train environment Median islands to prevent driving around activated gates during a train event Street lighting upgrades

RSEP-A has secured $80 million of external grant funding for the construction phase [$25 million from the Federal Railroad Administration’s Consolidated Rail Infrastructure and Safety Improvements Program, $25 million from the Metropolitan Transportation Commission’s Regional Measure 3 Program and $30 million from the California Transportation Commission’s (CTC) Senate Bill 1 Trade Corridor Enhancement Program]. RSEP-A will be delivered in multiple-phased construction packages and will use the alternative Construction Manager/General Contractor (CM/GC) delivery method which allows for early contractor engagement and a streamlined construction procurement process.

The grade crossings in the City of Livermore and the City of Hayward are part of the first construction package. Alameda CTC has awarded the Construction Management contract to WSP USA, Inc., and a pre-construction services contract for CM/GC services with Clark Construction. Alameda CTC is working with City of Livermore staff before and during construction to provide sufficient noticing and coordination with transit operators, stakeholders and the public. Securing funding from the external agencies is required to award the construction phase of the contract. Alameda CTC anticipates the following project milestones for Package 1 of RSEP-A:

Right-of-Way Certification – March 2026
Ready to List – March 2026
CTC Meeting to Construction Funding – May 2026
Award Construction Contract – June 2026
End Construction for Livermore crossings – June 2027
16 The MOU with Alameda CTC defines the respective roles and responsibilities between the agencies during the construction phase. The C&M Agreements with UPRR and Alameda CTC define the construction and maintenance roles and responsibilities between the agencies. UPRR is responsible for constructing the track panel and signal work within UPRR right-of-way. Alameda CTC is responsible for all costs associated with UPRR’s construction work which includes constructing the concrete track panels and vehicle and pedestrian gate signals and license fees since the project requires additional UPRR right-of-way for the improvements. The City of Livermore is responsible for making annual payments to UPRR for maintenance of improvements by UPRR between the track tie ends and for maintenance of the new improvements outside the track tie ends after the project is constructed.

These agreements are necessary for Alameda CTC to complete the Right-of-Way Certification which is a required document to achieve Ready-to-List and secure funding for construction from the CTC.

Therefore, staff recommends the City Council adopt a resolution authorizing the City Manager to execute the necessary agreements required for construction of the RSEP-A Project.

FISCAL AND ADMINISTRATIVE IMPACTS

Funding for the Railroad Crossings at Junction Avenue and L Street Project SM202522 is included in the 2025-2030 Capital Improvement Program (CIP), with $40,000 of Gas Tax Fund 560 in Fiscal Year 2025- 26, $80,000 of Gas Tax Fund 560 in Fiscal Year 2026-27, and $40,000 of Gas Tax Fund 560 in Fiscal Year 2027-28. As Alameda CTC is the project sponsor and the implementing agency, the funding included in the Livermore 2025-2030 CIP is just for supporting services from City of Livermore staff such as design review and construction inspections. No additional appropriations are necessary for the project.

However, as indicated in the C&M Agreements, effective as of three years from effective date of the Agreements or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System, the City of Livermore is responsible to pay UPRR $3,125 per year per crossing, for a total of $6,250, payable annually in advance, as payment for UPRR's maintenance of the Signal System that is installed at Junction Avenue and L Street at-grade crossings. UPRR will increase such annual signal maintenance fee by 3% to account for future cost increases. This adjustment may be made by means of automatic adjustment in billing. These future maintenance costs will be included in the annual maintenance budget of the Public Works Department.

COMMUNITY PILLAR

1: A Safe Community That Thrives.

GOAL

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

ATTACHMENTS

1. Location Map

2. Resolution
17 3. Exhibit A - MOU

4. Exhibit B - L Street C&M Agreement

5. Exhibit C - Junction Avenue C&M Agreement

Prepared by: Joanna Liu
Senior Transportation Engineer

Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
18 Project Location Map
N L St
N K St
Chestnut St
Railroad Ave
Junction Ave
Old First St
Project Location
Project Location
ATTACHMENT 1
19 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM

OF UNDERSTANDING WITH ALAMEDA COUNTY TRANSPORTATION

COMMISSION AND CONSTRUCTION AND MAINTENANCE

AGREEMENTS WITH UNION PACIFIC RAILROAD AND ALAMEDA

COUNTY TRANSPORTATION COMMISSION FOR THE

CONSTRUCTION OF THE L STREET AND JUNCTION AVENUE

RAILROAD CROSSINGS AS PART OF THE RAIL SAFETY
ENHANCEMENT PROGRAM – PHASE A PROJECT OF ALAMEDA

COUNTY TRANSPORTATION COMMISSION AND LIVERMORE
SM2025-22

Alameda County Transportation Commission (Alameda CTC) is the Project Sponsor and Implementing Agency for the Rail Safety Enhancement Program – Phase A (RSEP-A) Project. The RSEP-A Project will construct at-grade crossing pedestrian and roadway safety improvements at 26 at-grade crossings and two trespass locations throughout Alameda County, including the Junction Avenue and L Street at-grade crossings in the City of Livermore. The execution of the construction Memorandum of Understanding (MOU) and two Construction and Maintenance (C&M) Agreements are required for Alameda CTC to complete the Right-of-Way Certification allowing Alameda CTC to obtain grant funding for construction.

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 a Memorandum of Understanding (MOU) with Alameda County Transportation Commission (CTC) for construction of the L Street and Junction Avenue railroad crossings as part of the Rail Safety Enhancement Program – Phase A Project of Alameda CTC and Livermore SM2025-22, attached hereto as Exhibit A , a Construction and Maintenance (C&M) agreement with Union Pacific Railroad (UPRR) and Alameda CTC for L Street, attached hereto as Exhibit B , and a C&M Agreement with UPRR and Alameda CTC for Junction Avenue, attached hereto as Exhibit C.

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 January 26, 2026, by the following vote:

20 2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Tara Mazzanti
Ashley Zieba Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney

Exhibit A – MOU
Exhibit B – L Street C&M Agreement
Exhibit C – Junction Avenue C&M Agreement
21 1 of 5

MEMORANDUM OF UNDERSTANDING
for the
CONSTRUCTION OF THE RAIL SAFETY ENHANCEMENT PROGRAM – PHASE A

PROJECT IN LIVERMORE
by and between

THE ALAMEDA COUNTY TRANSPORTATION COMMISSION AND THE CITY OF

LIVERMORE
This Memorandum of Understanding (“MOU”) is dated for reference purposes only as of this ________________, 2026, by and among the ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”) and the CITY OF LIVERMORE (“CITY”). ALAMEDA CTC and CITY are sometimes referred hereinafter to as the “PARTIES.”

RECITALS
A. On March 22, 2018, ALAMEDA CTC approved the at-grade crossing prioritization framework in Alameda County through the Rail Strategy Study which resulted in the Rail Safety Enhancement Program (“RSEP”).

B. On July 23, 2020, ALAMEDA CTC approved the award of pre-construction contracts for the RSEP-Phase A (“RSEP-A”) Project (“PROJECT”).

C. The PROJECT proposes to construct at-grade crossing improvements for bicyclists, pedestrians and vehicles at 26 at-grade crossings and two trespass areas throughout Alameda County to improve safety at grade crossings.

D. Alameda CTC, in cooperation with the CITY, proposes to deliver the PROJECT crossings within the City of Livermore, which includes the following crossings:

1. Junction Avenue (DOT# 834044E)

2. L Street (DOT #834040C)
E. ALAMEDA CTC is the Sponsor and Implementing Agency for the Project.

F. On February 1, 2023, Alameda CTC, as the lead agency, approved the California Environmental Quality Act Categorical Exemption for the Livermore crossings.

G. On June 7, 2024, the CITY, Union Pacific Railroad (“UPRR”) and the California Public Utilities Commission (“CPUC”) approved the 100% design plans for the Livermore crossings.

H. On September 5, 2024, the Federal Railroad Administration approved the National Environmental Policy Act Categorical Exclusion for the Livermore crossings.

I. ALAMEDA CTC has obtained competitive grants for the PROJECT including through Regional Measure 3 (“RM3”), California’s Trade Corridor Enhancement Program (“TCEP”), and federal Consolidated Rail Infrastructure and Safety Improvements (“CRISI”) program, which require that ALAMEDA CTC execute one or more memoranda of understanding or interagency agreements.

J. The PARTIES understand that they will need Commission and Council approval to enter into Construction and Maintenance Agreements with UPRR to memorialize the construction and maintenance roles and responsibilities and associated costs for PROJECT elements within UPRR right-of-way.

K. The PARTIES enter into this MOU to document and clearly define the respective roles and responsibilities during the construction phase of the PROJECT.

L. Execution of this MOU was approved pursuant to action of the ALAMEDA CTC on November 19, 2020 and by the City Council of the CITY by Resolution No. ________ on January ____, 2026.

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AGREEMENT
NOW, THEREFORE, ALAMEDA CTC and CITY, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows:

SECTION A. DEFINITIONS
A.1 “Accept” or “Acceptance”: The written acceptance by the CITY of ALAMEDA CTC’s design and construction work on and within the limits of the PROJECT within the CITY right-of-way, including all improvements and related property interests.

A.2 “Contract”: One or more contracts for the construction of the PROJECT within the City of Livermore.

A.3 “Contract Documents”: The official bid documents, including general and technical provisions/specifications for construction of the PROJECT, which outline required materials, construction methods, and other requirements to be utilized and executed by ALAMEDA CTC’s construction contractor.

A.4 “Contract Drawings”: The official plans, profiles, typical cross sections, elevations, schedules, and details listed or referenced in ALAMEDA CTC’s contract for construction of the PROJECT or amendments thereto which show the locations, character, details, and dimensions of the PROJECT to be constructed by ALAMEDA CTC.

A.5 “PROJECT”: Refer to Recital C.

A.6 “PROJECT Construction Area”: The areas of improvements as well as work zones, staging areas, or other additional areas determined by construction contractor to be necessary for effectuating project construction.

A.7 “Maintenance”: The preservation and keeping of rights-of-way and roadway infrastructure in good condition and repair, drainage infrastructure, electrical infrastructure, landscaping, and other facilities in the safe and useable condition, exclusive of reconstruction or further improvement.

A.8 “Construction Stage”: A series of construction activities, as determined by contractor’s approved schedule, that will be initiated and completed prior to beginning subsequent stages.

SECTION B. CONSTRUCTION
ALAMEDA CTC AGREES:

A. To advertise, award, and administer the Contract for construction, and cause such construction to be performed in accordance with Contract Documents and Drawings as approved by the CITY.

B. To manage and oversee the Engineer of Record, Construction Management and construction contractor contracts.

C. That all improvements to be constructed that will be accepted by CITY will be designed and constructed in full compliance with the Contract Drawings, as potentially modified by any change orders, subject to CITY review and approval.

D. To cause construction contractors and their subcontractors to indemnify each of the PARTIES with respect to any liability or claims arising at any time out of the construction, and shall cause the Docusign Envelope ID: 0DE3DE37-E143-4146-A9B5-2064E87DFC4B

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construction contractor and its subcontractors to name each of the PARTIES as additional insured parties on the companies’ respective liability insurance policies.

E. To provide CITY with drafts of any Bid Addendums or Change Orders to the Contract that affect CITY facilities, for such affected party’s review and approval. CITY review and approval shall be limited to confirming whether each such Change Order is consistent with the description of the PROJECT in Exhibit A, reflects prior decisions made by the PARTIES with respect to design of any improvements affected by the Change Order (if any), and is consistent with CITY construction standards.

F. To include all necessary fees in its contractor’s bid and ensure its contractor obtains all necessary permits from the CITY to construct the PROJECT within CITY right-of-way, as required, prior to start of construction.

G. To provide two (2) months advance notice to CITY prior to commencement of project construction activities, including work to be completed by ALAMEDA CTC’s contractor, UPRR, and utility relocation work for purposes of clearance of any jobsite obstructions.

H. Prior to the final CITY inspection, review and acceptance, ALAMEDA CTC will provide the CITY with all necessary historic project information, i.e. inspection reports, pictures, quality assurance documentation, and as-built records, for all improvements constructed within CITY right-of-way and/or improvements that the CITY will be required to maintain.

CITY AGREES:

A. To provide a Letter of Concurrence to ALAMEDA CTC stating approval of the final design plans before ALAMEDA CTC awards the Contract.

B. To issue all permits and to complete reviews of Contract Drawings, Bid Addendums, Change Orders and Requests for Information (RFIs), and provide all approvals required for construction of the PROJECT in a timely manner, as defined in the table below, and in accordance with any applicable relevant agency codes and ordinances.

Document Response Time
(Working Days)
Encroachment Permits 15
Contract Drawings 10
Bid Addendums 5
Change Orders 10
Response to RFIs 3
Traffic-Related Requests and Inquiries – Traffic
Handling, Ingress/Egress and Lane Closures, etc.
3 Hazardous Material Submittals 5
Shop Drawing Submittals 14
Other Submittals 5
Commissioning Report 14
Final Punch List 5
Letter of Acceptance 5

C. To intermittently evaluate—through targeted construction inspections, oversight, and/or communications with ALAMEDA CTC staff—the improvements constructed within CITY right-of- way and/or improvements that the CITY will be required to maintain.

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D. Upon completion of the PROJECT construction, and after ALAMEDA CTC provides the CITY with all necessary historic project information, CITY will thereupon, without due delay, perform the necessary final reviews and inspections and issue determination as to whether work has been performed in accordance with CITY construction standards and contract documents. Upon acceptance of the PROJECT improvements, the CITY will provide a Letter of Acceptance, and CITY will accept ownership and maintenance responsibilities for the PROJECT from and after that time.

THE PARTIES AGREE:

A. To work cooperatively and develop a Communication Plan to further define and outline the PARTIES respective roles and responsibilities during the construction phase of the project.

B. To modify this MOU via written amendment(s) by PARTIES to this MOU, when reasonably requested by either PARTY.

SECTION C. OWNERSHIP
A. CITY will retain fee title to any underlying right-of-way that they currently hold upon which the PROJECT improvements will be constructed.

B. After CITY provides a final Letter of Acceptance, the CITY shall own all PROJECT improvements including asphalt and concrete pathways, curb ramps, sidewalks, median islands, street lighting, fencing, railings, drainage infrastructure, signage, pavement markings and landscaping, whether constructed upon right-of-way owned in fee by CITY, or upon land subject to an easement interest held by CITY.

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IN WITNESS WHEREOF, the PARTIES hereto have executed this MOU on the day and year first above written.

CITY OF LIVERMORE:

ALAMEDA COUNTY TRANSPORTATION
COMMISSION:

By:

Marianna A. Burch Date
City Manager

By:

Tony Tavares Date
Executive Director

Recommended:

By:

Vivek Bhat Date
Deputy Executive Director
of Projects

Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director
of Finance and Administration

Approved as to Form:

______________________________________
Deputy/Assistant/Senior Assistant/City Attorney

Approved as to Legal Form:

By:

Fennemore LLP Date
ALAMEDA CTC Counsel

EXHIBITS
A. Project Improvement Layouts

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TO

MEMORANDUM OF UNDERSTANDING

PROJECT IMPROVEMENT LAYOUT
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UP Real Estate Project No.: 0458677PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT L StreetDOT 834040C MP 47.59 – Oakland Subdivision Livermore, Alameda County, California THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of _____________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad"); ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers authority, to be addressed at 1111 Broadway, Suite 800, Oakland, California 94607 (“ACTC”); and CITY OF LIVERMORE, a municipal corporation of the State of California to be addressed at 1052 South Livermore Avenue, Livermore, California 94550 (“City”). ACTC and the City are collectively referred to as the "Political Body". RECITALS: By instrument dated October 17, 1955, the Southern Pacific Company and the City entered into an agreement (the “Original Agreement”) covering the construction, use, maintenance and repair of an at grade public road crossing over L Street, DOT Number834040C at Railroad’s Milepost 47.59 on Railroad’s Oakland Subdivision at or near Livermore, Alameda County, California. The Railroad named herein is successor in interest to the Southern Pacific Company. The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the road crossing that was constructed under the Original Agreement for the addition of sidewalks and safety improvements. The road crossing, as reconstructed and widened is hereinafter the “Roadway” and the portion of the Railroad's property where the Roadway crosses the Railroad’s property is the “Crossing Area.” The right of way granted by the Southern Pacific Company to the City under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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Political Body needs to use in connection with the Roadway (including the right of way area covered under the Original Agreement or in a separate document) is shown on the print marked Exhibit A attached hereto and hereby made a part hereof (the “Crossing Area”). The Railroad and the Political Body are entering into this Agreement to cover the above. AGREEMENT:NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.Section 2. RAILROAD GRANTS RIGHTFor and in consideration of the sum ofTwo Hundred Forty-Eight Thousand Four Hundred Fifty Dollars ($248,450.00) to be paid by the ACTC to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.Section 3. DEFINITION OF CONTRACTORFor purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCEA. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: execute the Railroad's then current Contractor's Right of Entry Agreement obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and provide such insurance policies, certificates, binders and/or endorsements to the Railroad.

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B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirmsthat it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:Manager - Contracts Union Pacific Railroad Company Real Estate Department1400 Douglas Street, Mail Stop 1690Omaha, NE 68179-1690UP Project No. 0458677 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDEIf the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROADThe Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENTTO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLSA. The work to be performed by the Railroad, at the ACTC's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated November 16, 2024, and November 22, 2024, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million Six Hundred Forty-Six Thousand Six Hundred Seventy-Five Dollars ($1,646,675.00).

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B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twenty-four (24) months from the date of the Estimates. C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. E. ACTC agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANSA. ACTC, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.

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D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTSA. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATIONA. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twenty-four (24) months from the Effective Date.

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C. If the Agreement is terminated as provided above, or for any other reason, ACTC shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFOREPOLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurancepolicies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.Section 12. FUTURE PROJECTSFuture projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and City agree on the plans for such future projects, cost allocations including the City’s reimbursement of Railroad maintenance costs, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. Notwithstanding the foregoing, upon completion of the Project, ACTC shall have no further rights or obligations under this Agreement, and all future rights and obligations of the Political Body hereunder shall belong to City. Provided, however, that nothing contained herein shall be construed as releasing ACTC from its obligation to perform all of the covenants contained in this Agreement or any supplement or amendment thereto (if any) to be performed by ACTC, or from the liabilities assumed by ACTC under this Agreement.

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B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the ACTC agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.Section 15. TERMINATION OF ORIGINAL AGREEMENTUpon the completion of the Roadway, the Original Agreement either governing currently, or any agreement to be found in the future at the existing at-grade crossingshall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. Section 16. ANNUAL SIGNAL MAINTENANCE FEE A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the City, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Three Thousand One Hundred Twenty-FiveDollars ($3,125.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. B. The Railroad will increase the annual signal maintenance fee by three percent (3%) per annum to account for future cost increases. This adjustment may be made by means of automatic adjustment in billing.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY(Federal Tax ID #94-6001323) By: _________________________________Printed Name: ________________________ Title: ________________________________ Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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ALAMEDA COUNTY TRANSPORTATION COMMISSIONBy: ______________________________________Tony Tavares Date Executive Director Recommended by: ______________________________________ Vivek Bhat Date Deputy Executive Director of Projects Reviewed as to Budget/Financial Controls: ______________________________________ Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to form and legality: _____________________________________Fennemore LLP Date Counsel to ACTC Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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CITY OF LIVERMORE By: _____________________________________Marianna Date City Manager Approved as to form and legality: ______________________________________ Tara Mazzanti Date Assistant City Attorney Legal Counsel to the CITY OF LIVERMORE Approved as to Insurance: ______________________________________ Jas Sidhu Date Risk Manager, CITY OF LIVERMORE Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E 1/8/2026 | 5:00 PM PST
1/8/2026 | 11:44 AM PST

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39 EXHIBIT A TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit Awill be a print showing the Crossing Area (see Recitals) Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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41 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT B TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

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F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense.B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.SECTION 8. SAFETY MEASURES; PROTECTIONOF RAILROAD COMPANY OPERATIONSIt is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C.Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

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E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.F.Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.G.Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.H.Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.I.Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

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J.Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.

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SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDSThe books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSEA. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENTNo waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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49 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT C TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.

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Contractor's Right of Entry Public Project No. 0458677 Projects Form Approved 02/09/2022 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a ("Contractor"). RECITALS: corporation Contractor has been hired by to perform work relating to (the “Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of , as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and . Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.

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Contractor's Right of Entry Public Projects Form Approved 02/09/2022 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES. A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B. Contractor shall coordinate all of its Work with the following Railroad representatives or their duly authorized representative (the "Railroad Representatives"): MTM:______________________ ______________________________________________________ ___________________________ PM:________________________ ______________________________________________________ ___________________________ C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the otherparty. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit B. D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.

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Contractor's Right of Entry Public Projects Form Approved 02/09/2022 E. Upon request of Railroad, insurance correspondence, binders, policies, certificates andendorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address]Attn: Project No. 0458677ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific’s Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings overRailroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings mustconform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

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Contractor's Right of Entry Public Projects Form Approved 02/09/2022 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title: (Name of Contractor) By: Name: Title: Phone: E-Mail:

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56 EXHIBIT ATO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site.

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EXHIBIT BTO CONTRACTOR'S RIGHT OF ENTRY AGREEMENTSection 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

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Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdfB. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Property Access Training” and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually. C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

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CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D.NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANYWORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E.THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

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EXHIBIT CTO CONTRACTOR'SRIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor’s Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence Docusign Envelope ID: 9D946251-AA0A-4F5B-9210-3B096F8CA47E

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and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F.Pollution Liabilityinsurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

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K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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UP Real Estate Project No.: 0801270PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Junction AvenueDOT 834044EMP 48.04 – Oakland Subdivision Livermore, Alameda County, California THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of _____________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad"); ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers authority, to be addressed at 1111 Broadway, Suite 800, Oakland, California 94607 (“ACTC”); and CITY OF LIVERMORE, a municipal corporation of the State of California to be addressed at 1052 South Livermore Avenue, Livermore, California 94550 (“City”). ACTC and the City are collectively referred to as the "Political Body". RECITALS: Presently, the Political Body utilizes the Railroad’s property for the existing at grade public road crossing over Junction Avenue, DOT Number 834044E at Railroad’s Milepost 48.04 on Railroad’s Oakland Subdivision at or near Livermore, Alameda County, California. The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the existing at grade public road crossing for the addition of sidewalks and safety improvements. The road crossing, as reconstructed and widened is hereinafter the “Roadway.” The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad’s location print marked Exhibit A attached hereto and hereby made a part hereof (the “Crossing Area”). The Railroad and the Political Body are entering into this Agreement to cover the above.

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AGREEMENT:NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT BThe general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.Section 2. RAILROAD GRANTS RIGHTFor and in consideration of the sum ofFour Hundred Eight Thousand Two Hundred Eighty-Five Dollars ($408,285.00) to be paid by the ACTC to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTORFor purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCEA. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: execute the Railroad's then current Contractor's Right of Entry Agreement obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:Manager - Contracts Union Pacific Railroad Company Real Estate Department1400 Douglas Street, Mail Stop 1690Omaha, NE 68179-1690UP Project No. 0801270 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDEIf the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROADThe Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENTTO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLSA. The work to be performed by the Railroad, at the ACTC's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated November 18, 2024, and October 8, 2024, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is One Million FourHundred Sixty-Five Thousand Four Hundred Fifty-Six Dollars ($1,465,456.00). B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twenty-four (24) months from the date of the Estimates.

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C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within three hundred sixty-five (365) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed and the Project Manager has closed the Project work order and notified the Political Body. E. ACTC agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. ACTC, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTSA. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATIONA. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twenty-four (24) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, ACTC shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFOREPOLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii) Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurancepolicies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. (iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.Section 12. FUTURE PROJECTSFuture projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and City agree on the plans for such future projects, cost allocations including the City’s reimbursement of Railroad maintenance costs, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. Notwithstanding the foregoing, upon completion of the Project, ACTC shall have no further rights or obligations under this Agreement, and all future rights and obligations of the Political Body hereunder shall belong to City. Provided, however, that nothing contained herein shall be construed as releasing ACTC from its obligation to perform all of the covenants contained in this Agreement or any supplement or amendment thereto (if any) to be performed by ACTC, or from the liabilities assumed by ACTC under this Agreement.B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.

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Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICANRECOVERY AND REINVESTMENT ACT OF 2009If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the ACTC agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.Section 15. TERMINATION OF ORIGINAL AGREEMENTUpon the completion of the Roadway, the original agreement either governing currently, or any agreement to be found in the future at the existing at-grade crossing shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. Section 16. ANNUAL SIGNAL MAINTENANCE FEE A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System”), the City, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Three Thousand One Hundred Twenty-FiveDollars ($3,125.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. B. The Railroad will increase the annual signal maintenance fee by three percent (3%) per annum to account for future cost increases. This adjustment may be made by means of automatic adjustment in billing.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY(Federal Tax ID #94-6001323) By: _________________________________Printed Name: ________________________ Title: ________________________________ Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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ALAMEDA COUNTY TRANSPORTATION COMMISSIONBy: ______________________________________Tony Tavares Date Executive Director Recommended by: ______________________________________ Vivek Bhat Date Deputy Executive Director of ProjectsReviewed as to Budget/Financial Controls: ______________________________________ Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to form and legality: _____________________________________Fennemore LLP Date Counsel to ACTC Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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CITY OF LIVERMORE By: _____________________________________Marianna Date City Manager Approved as to form and legality: ______________________________________ Tara Mazzanti Date Assistant City Attorney Legal Counsel to the CITY OF LIVERMORE Approved as to Insurance: ______________________________________ Jas Sidhu Date Risk Manager, CITY OF LIVERMORE Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5 1/8/2026 | 5:00 PM PST
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76 EXHIBIT A TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit Awill be a print showing the Crossing Area (see Recitals) Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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78 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT B TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.

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F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at the Political Body’s expense.B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.SECTION 8. SAFETY MEASURES; PROTECTIONOF RAILROAD COMPANY OPERATIONSIt is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C.Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Bodywhether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.

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E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.F.Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.G.Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.H.Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.I.Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.

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J.Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.

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SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDSThe books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENTNo waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.

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86 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT C TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.

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Contractor's Right of Entry Public Project No. Projects Form Approved 02/09/2022 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a ("Contractor").RECITALS: corporation Contractor has been hired by to perform work relating to (the “Work”) with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of , as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and . Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall includeContractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representatives named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.

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Contractor's Right of Entry Public Projects Form Approved 02/09/2022 ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVES. A. Contractor shall bear any and all costs and expenses associated with any Work performed byContractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. B. Contractor shall coordinate all of its Work with the following Railroad representatives or their dulyauthorized representative (the "Railroad Representatives"): MTM:______________________ ______________________________________________________ ___________________________ PM:________________________ ______________________________________________________ ___________________________C. Contractor, at its own expense, shall adequately police and supervise all Work to be performedby Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B.The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Workshall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work,or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a RailroadRepresentative, or by compliance by Contractor with any requests or recommendations made by RailroadRepresentative.ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, andcontinue until _______________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the otherparty. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, atits expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement. B. Not more frequently than once every two (2) years, Railroad may reasonably modify the requiredinsurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurancecarrier evidencing the insurance coverage required under Exhibit B. D. Contractor understands and accepts that the terms of this Article are wholly separate from andindependent of the terms of any indemnity provisions contained in this Agreement.

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Contractor's Right of Entry Public Projects Form Approved 02/09/2022 E. Upon request of Railroad, insurance correspondence, binders, policies, certificates andendorsements shall be sent to: Union Pacific Railroad Company [Insert mailing address]Attn: Project No. ARTICLE 8 - PRECONSTRUCTION MEETING. If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Union Pacific’s Third Party Flagging Policy at the link provided here: www.up.com/flagging ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings overRailroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings mustconform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.

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Contractor's Right of Entry Public Projects Form Approved 02/09/2022 IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title: (Name of Contractor) By: Name: Title: Phone: E-Mail:

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93 EXHIBIT ATO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site.

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EXHIBIT BTO CONTRACTOR'S RIGHT OF ENTRY AGREEMENTSection 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor.

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Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall visit www.up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work. Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address (“Railroad’s Safety Standards”) to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad’s Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf_nativedocs/pdf_up_supplier_safety_ req.pdfB. All personnel employed by the Agency, Contractor and all subcontractors must complete the Railroad's course “Property Access Training” and be registered prior to working on Railroad property. This training is available at www.up.com/up-pat. This training is required to be completed annually. C. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. D. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work. E. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.

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CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D.NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANYWORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E.THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.

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1 EXHIBIT CTO CONTRACTOR'SRIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Requirements For Contractor’s Right of Entry Agreement During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad’s property has been completed and all equipment and materials have been removed from Railroad’s property and Railroad’s property has been clean and restored to Railroad’s satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence Docusign Envelope ID: 4D58AE79-B0FA-4FB9-A1DE-2C8B73C98AC5

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2 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F.Pollution Liabilityinsurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.

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3 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage.

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CITY COUNCIL STAFF REPORT
ITEM NO. 6.3

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing execution of an agreement with Block by Block-CA, Inc. in an amount not to exceed $642,315 for FY 2025-26 and FY 2026-27 to provide essential health and sanitation services through the Community Ambassador Program.

RECOMMENDED ACTION

DECISION TYPE
Administrative

SUMMARY
Block by Block-CA, Inc., (BBB) delivers essential health and sanitation services through the Livermore Community Ambassador Program, including biohazard clean-up, power washing, syringe disposal, trash removal, and safety-related outreach. From July 2024 to June 2025, BBB completed over 5,400 clean-up operations and items, removed 136,025 pounds of debris, and provided 380 referrals and bus passes to unhoused individuals.

Since 2018, the City Council has expanded support for BBB through pilot programs, Homeless Emergency Aid Program (HEAP) funding, and annual General Fund allocations. BBB continues to collaborate with city departments, local nonprofits, and Alameda County to address encampments, respond to resident concerns, and support regional public health efforts.

Staff recommend approving a General Services Agreement with BBB in an amount not to exceed $642,315 for FY 2025-26 and FY 2026-27.

DISCUSSION
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BBB plays a vital role in supporting public health and sanitation through the Livermore Community Ambassador Program. Services include biohazard clean-up, power washing, drug paraphernalia and syringe disposal, trash removal, and safety related response throughout the city. In addition to encampment resolution, BBB engages directly with concerned residents, provides referrals and bus passes to unhoused individuals, and facilitates ongoing collaboration with city departments and local service providers.

From July 1, 2024, through November 2025, BBB delivered the following services:

Service
Quantity
Power Washing and Bio-Hazard Cleanup
4,913
Drug Paraphernalia and Syringe Disposal
2,792
Trash Removed Through Encampment Resolution
(lbs.)
138,205
Homeless Referrals and Bus Passes Distributed
578
Program and Funding History

Since 2018, the City Council has steadily expanded support for BBB public health and sanitation services, addressing the community impacts and needs of unsheltered residents. Initial pilot programs were approved in 2018 to provide biohazard clean-up in response to growing public health concerns. In 2019, the City launched the Community Ambassador Program using one-time Homeless Emergency Aid Program (HEAP) funding.

To sustain these efforts, Council allocated $100,000 from the General Fund in 2020 (Resolution No. 2020-213). Following the expiration of HEAP funding, Council awarded $272,000 in FY 2021-22 from the General Fund (Resolution No. 2021-056) and reaffirmed its commitment in 2022 by approving $272,400 to continue operations, including biohazard clean-up, trash removal, and safety services (Resolution No. 2022-109). In 2023, Council approved $664,846 to extend services through a 27-month term ending in FY 2024-25 (Resolution No. 2023-018).

Cross-Agency Collaboration

BBB maintains strong partnerships across city and county departments, providing support in the following areas:

Neighborhood Preservation Division: Supports mitigation of illegal dumping in areas impacted by homelessness.

Public Works Department: Coordinates site clean-ups to ensure safe access to public infrastructure and utilities.

Police Department: Assists Homeless Liaison Officers in encampment abatement operations, prioritizing safety and outreach.

Human Services Division: Participates in regional initiatives, including the annual Point-in-Time Count and the Tri-Valley Homeless Roundtable.

Local Service Providers: Collaborates with nonprofit organizations to connect unhoused individuals with shelter, outreach, and supportive services.

Alameda County Partnership: Contributes program data to support Clean Water Program reporting 105
and compliance efforts.

Emergency Operations Coordination: Aids in notifying unhoused residents of seasonal weather advisories and emergency shelter availability.

Community Engagement: Addresses Homeless Service Request Forms submitted by residents, coordinating appropriate outreach and cleanup efforts to resolve concerns related to encampments and associated debris

Staff recommend approval of a General Services Agreement between the City of Livermore and BBB in an amount not to exceed $642,315 for FY 2025-26 and FY 2026-27 to provide essential health and sanitation services through the Community Ambassador Program.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for Block by Block, CA Inc., in the amount of $642,315 is included in the approved FY 2025-26 and FY 2026-27 General Fund budget.

COMMUNITY PILLAR

1. A Safe Community that Thrives
GOAL

8. Expand and improve access to human services

ATTACHMENTS

1. Resolution

2. Exhibit A - Agreement

Prepared by: Josh Thurman
Human Services Programs Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
WITH BLOCK BY BLOCK-CA, INC. IN AN AMOUNT NOT TO EXCEED $642,315 FOR FISCAL YEAR 2025-26 AND FISCAL YEAR 2026-27 TO

PROVIDE ESSENTIAL HEALTH AND SANITATION SERVICES

THROUGH THE COMMUNITY AMBASSADOR PROGRAM

Block by Block -CA, Inc., (BBB) delivers essential health and sanitation services through the Livermore Community Ambassador Program, including biohazard clean -up, power washing, syringe disposal, trash removal, and safety-related outreach. From July 2024 to June 2025, BBB completed over 5,400 clean-up operations and items, removed 136,025 pounds of debris, and provided 380 referrals and bus passes to unhoused individuals.

Since 2018, the City Co uncil has expanded support for BBB through pilot programs, H omeless Emergency Aid Program (HEAP) funding, and annual General Fund allocations. BBB continues to collaborate with City departments, local non -profits, and Alameda County to address encampments, respond to resident concerns, and support regional public health efforts.

One of the City’s life safety priorities is to ensure the health and safety of Livermore’s unsheltered residents. B BB provides essential health and safety services through the Community Ambassador Program and bio-hazard clean-up services related to the unsheltered residents of Livermore.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it authorizes the City Manager, or her designee, to execute a n agreement with Block by Block -CA, Inc., attached hereto as Exhibit A, to provide the Community Ambassador Program, bio -hazard clean-up, and safety services from July 1, 2025-June 30, 2027, in the total amount not to exceed $642,315.

BE IT FURTHER RESOL VED, by the City Council of the City of Livermore that the City Manager, or her designee, is authorized to make minor changes to the Scope of Services to the Agreement if needed.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on January 26, 2026, by the following vote:

107
2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Daniel Gonzales
Ashley Zieba Daniel Gonzales
Acting City Clerk Deputy City Attorney

Exhibit A – Agreement

108
25-0802

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 Block by Block - CA (“Contractor”), a(n) California Corporation.

RECITALS
City requires services to provide a Community Ambassador program with focus on encampment resolution and biohazard cleanup.

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.

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EXHIBIT A
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(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 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 Josh Thurman (“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 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, materials, 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 [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; Docusign Envelope ID: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A

EXHIBIT A
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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.

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EXHIBIT A
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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

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.

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(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.

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.

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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 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 July 1, 2025, and terminates upon the completion of the Services or June 30, 2027, 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 $642,315.00 ("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.

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(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.
(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 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.

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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.
(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 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.

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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 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. While 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 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
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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 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.

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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 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 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.

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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: Josh Thurman
City of Livermore / Community Development
1052 South Livermore Avenue
Livermore, CA, 94550
[email protected]

Email: [email protected]
[email protected]
[email protected]

TO CONTRACTOR: Attention: Derreck Hughes
Block by Block-CA
870 Market Street Suite 1023
San Francisco, CA, 94103
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.

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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
Docusign Envelope ID: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A

EXHIBIT A
121
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:

Derreck Hughes
Vice President of Operations

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
Docusign Envelope ID: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A 1/16/2026 | 10:46 AM EST

EXHIBIT A
122

EXHIBIT A & EXHIBIT B
Fiscal Year: 2025 – 2027
Agency Name: Block By Block-CA, Inc
Budget Period: July 1, 2025 – June 30, 2027
Budget Amount: 642,315

Program Description
Overview
Block by Block’s Community Ambassador Program is a comprehensive, full -service initiative designed to enhance public spaces through a combination of safety, cleanliness, hospitality, and outreach. The program utilizes trained ambassadors who patrol designated areas to assist in encampment resolution, engage with residents, and connect unhoused individuals to supportive services. In addition to safety and outreach, ambassadors assist with environmental maintenance to ensure public spaces remain clean, welcoming, and well -cared for. Ambassadors will be available to respond to requests for service within 24 hours (1 business day) of receiving a request.

Hot Spots
Coordinate with the Human Services Division to maintain citywide encampment map and establish hot spot locations that require additional monitoring, including but not limited to:
• Downtown Livermore and surrounding parking sites
• Encampments reported through online service request forms • Vehicle encampment sites
• High traffic areas for unhoused individuals
• Public parks and recreation areas

Reporting
BBB will report monthly on the following performance measures:
• Total hours spent providing the required services
• Sites visited including frequency
• Total number of bio-hazard clean-ups
• Total number of syringe/drug paraphernalia disposals
• Total number of power-washing clean-ups
• Total pounds of trash removal
• Assistance provided at the downtown parking garages
• Requests for service received and addressed
• Resident and business interactions
Docusign Envelope ID: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A

EXHIBIT A
123
Staffing Roles and Schedule

BBB will adhere to the hours listed below for each employee assigned to perform duties under this Scope of Work:

Title Hours Schedule
Operations Manager (On-Site) 40 Monday – Friday, 6:00 am- 2:30 pm
Cleaning Ambassador 40 Monday – Friday, 6:00 am-
2:30 pm
Cleaning Ambassador 40 Tuesday - Saturday, 6:00
am-2:30 pm

The Operations Manager will be a working supervisor assigning and performing work on site during hours. No more than 15 hours per week can be devoted to office work / paperwork.

Budget

Funding Use/Expense FY2025-26 FY2026-27
Personnel Salaries and Benefits $222,064 $228,479
Operating Costs $94,747 $97,025
Total $316,811 $325,504

The maximum the Contractor shall be paid on this Agreement is $642,315.00 hereafter the Not to Exceed amount. The Not to Exceed amount includes all paymentsto be made pursuant to this Agreement, including City approved reimbursable expenses, if any.

Nothing in this Agreement requires the City to pay for work not identified in Exhibit A. .

Invoices. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit. Invoices shall be submitted to the below address:

City of Livermore
Community Development /Housing and Human Services
Attention: Josh Thurman
1052 South Livermore Avenue
Livermore, CA 94550
Docusign Envelope ID: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A

EXHIBIT A
124

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

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

3. Workers’ Compensation and Employer's Liability:

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

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

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

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

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

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional Docusign Envelope ID: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A

EXHIBIT A
125
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: 792A587C-A7C5-4E00-87BA-EAAC3D24B79A

EXHIBIT A
126

CITY COUNCIL STAFF REPORT
ITEM NO. 6.4

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Brent Smith, Community Development Director
SUBJECT:

Resolution authorizing the allocation of General Funds and Social Opportunity Endowment Funds in the total amount of $255,578 for Fiscal Years 2025-27 and authorizing the execution of documents required to receive, use and distribute funds.

RECOMMENDED ACTION

General Funds in the amount of $200,000
2 .

Social Opportunity Endowment (SOE) Funds in the amount of $55,578

DECISION TYPE
Administrative

SUMMARY
Each year, the City receives numerous qualified grant applications from non-profit agencies providing core safety net services in Livermore.

On October 27, 2025, Council approved an additional $200,000 of surplus General Funds to be allocated to the Housing and Human Services Grant program. These funds were designated to support additional human services projects in FY 2025-26 and 2026-27. Six new projects are being recommended for funding in the public services category and are expected to serve an additional 900 residents over the two-year period.

In response to the growing issue of food insecurity within the community, staff is also recommending allocating an additional $55,578 in unallocated SOE funds to enhance support for two existing nonprofit partners.

On December 9, 2025, the Human Services Commission approved the funding recommendations in the 127
total amount of $255,578. Human Services Commission and staff recommend the City Council approve the funding recommendations set forth in Exhibit A to the resolution.

DISCUSSION
The City of Livermore continues its commitment to supporting core safety net services through strategic investments in nonprofit agencies serving low-income and vulnerable populations. To date, the City has approved a total of $2,119,520 in funding to support 15 projects across 10 nonprofit organizations in the FY 2025-27 grant cycle. This funding is composed of federal funding sources (Community Development Block Grant and HOME Investment Partnership Program Grant) and local funding sources (Human Services Facility Fee, Affordable Housing In-Lieu, and SOE funds).

On March 11, 2025, the Human Services Commission approved funding recommendations in the estimated total amount of $2,074,878 from the federal grant and local funding sources.

On April 28, 2025, Council approved recommendations for the local funding, which included the Human Services Facility Fee, Affordable Housing In-Lieu and SOE funds in the total amount of $1,078,500 over two years.

On May 13, 2025, City staff was informed by the U.S. Department of Housing and Urban Development (HUD) that the FY 2025-26 allocation for Community Development Block Grant (CDBG) was $396,908 and the HOME Investment Partnership Program (HOME) allocation, through the Alameda County HOME consortium, was $123,602. The final CDBG and HOME allocations were approved by Council on June 23, 2025, in total estimated amount of $1,041,020 over the two years.

On October 27, 2025, Council approved an additional $200,000 allocation of surplus General Funds to the Housing and Human Services Grant program. These funds were designated to support additional human services projects in FY 2025-26 and 2026-27. The recommended projects for this funding represent the next highest scoring applications based on the Commissions scores and will align with the grant priorities that were established for the FY 2025-27 grant cycle.

In April 2025, Council approved allocations of $120,000 and $124,500 for FY 2025-26 and FY 2026-27 of Social Opportunity Endowment funding respectively, leaving a balance of unallocated funds for the purpose of creating a mini grants program in partnership with Dublin and Pleasanton. Per the updated SOE ordinance, the maximum allowable allocation is $150,000 for FY 2025-26 and $154,500 for FY 2026-27. Staff continue to explore partnerships to develop a mini-grant program with implementation anticipated in the FY 2027-29 grants cycle. In response to the growing issue of food insecurity within the City, staff recommends allocating an additional $55,578 in unallocated SOE funds for Spectrum Community Services Meals on Wheels Program and Tri-Valley Haven's Food Pantry to address the immediate needs. The additional funding would fully meet the two-year funding requests for both food assistance programs, which were in the top three scoring public service grant applications for FY 2025-

27. On December 9, 2025, the Human Services Commission approved $255,578 in funding for the six new projects to be funded by the General fund and two additional projects to be funded by the SOE as shown in the chart below.

128
Funding Source
Organization/Project
FY 2025-26
FY 2026-27
Total
Recommendation
General Fund
Tri-Valley Haven/
Mental Health
Services
$25,000
$25,000
$50,000
General Fund
Chabot-LPCC/Tri-
Valley Pathways to
Employment Program
25,000
25,000
50,000
General Fund
Legal Assistance for
Seniors/Legal
Services, Medicare
Counseling and
Education
12,500
12,500
25,000
General Fund
CALICO
Center/Livermore
Child Abuse
Intervention Program
12,500
12,500
25,000
General Fund
Community
Resources for
Independent Living
(CRIL)/Child Abuse
Intervention Program
12,500
12,500
25,000
General Fund
Chabot-LPCC/VITA
Services
12,500
12,500
25,000
SOE
Spectrum Community
Services/Meals on
Wheels
14,464
14,464
28,928
SOE
Tri-Valley
Haven/Food Pantry
14,000
12,650
26,650

Total
$128,464
$127,114
$255,578

Human Services Commission and staff recommend the City Council approve the funding recommendations set forth in Exhibit A to the resolution. If approved, the funding total for the FY 2025-27 Housing and Human Services Grant Program would be $2,375,098, supporting 21 projects across 14 organizations. The six additional funded organizations will serve an additional 900 low-income, senior, youth, homeless, and disabled Livermore residents, for a total of approximately 9,300 residents served over the next two fiscal years.

FISCAL AND ADMINISTRATIVE IMPACTS
Funding for the proposed recommendations are included in the approved City budget for the General Fund (Fund 100) and the Social Opportunity Endowment Fund (Fund 202) in FY 2025-27.

COMMUNITY PILLAR

1: A Safe Community that Thrives

GOAL

8: Expand and improve access to human services
129

ATTACHMENTS

1. Resolution

2. Exhibit A - Human Services Grant Funding FY 2025-26 and FY 2026-2027 Recommendations

Prepared by: Amy Walker
Management Analyst 1

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE ALLOCATION OF GENERAL

FUNDS AND SOCIAL OPPORTUNITY ENDOWMENT FUNDS IN THE
TOTAL AMOUNT OF $255,578 FOR FISCAL YEARS 2025-27 AND

AUTHORIZING THE EXECUTION OF DOCUMENTS REQUIRED TO

RECEIVE, USE AND DISTRIBUTE FUNDS

The City of Livermore continues its commitment to supporting core safety net services through strategic investments in nonprofit agencies serving low -income and vulnerable populations. To date, the City has app roved a total of $2,119,520 in funding to support 15 projects across 10 nonprofit organizations in the FY 2025 -27 grant cycle.

This funding is composed of federal funding sources (Community Development Block Grant and HOME Investment Partnership Program Gr ant) and local funding sources (Human Services Facility Fee, Affordable Housing In-Lieu, and SOE funds).

On October 27, 2025, Council approved an additional $200,000 of surplus General Funds to be allocated to the Housing and Human Services Grant progra m.

These funds were designated to support additional human services projects in FY 2025- 26 and 2026 -27. Six new projects are being recommended for funding in the public services category and are expected to serve an additional 900 residents over the two - year period.

In response to the growing issue of food insecurity within the City, an additional $55,578 in unallocated SOE funds are being recommended for Spectrum Community Services Meals on Wheels Program and Tri -Valley Haven's Food Pantry. Per the updated SOE ordinance, the maximum allowable allocation is $150,000 for FY 2025 -26 and $154,500 for FY 2026 -27. In April 2025, Council approved allocations of $120,000 and $124,500 for FY 2025 -26 and FY 2026 -27 respectively, leaving a balance of unallocated funds.

On December 9, 2025, the Human Service s Commission approved the funding recommendations in the total amount of $255,578.

Human Services Commission and staff recommend the City Council approve the Human Services Grant Program funding recommendations set forth in Exhibit A , attached hereto.

NOW, THEREFORE, B E IT RESOLVED by the City Council of th e City of Livermore, that it hereby:

1. Authorizes the allocation of $255,578 for funding six new activities and additional funding to two activities provided by six organizations as recommended an d more particularly set forth in Exhibit A, attached hereto, from the following sources in the following amounts:
131
2 RESOLUTION NO. ________

a. General Funds (Fund 100) in the amount of $200,000 for six public services activities;

b. Social Opportu nity Endowment Funds (Fund 202) in the amount of $55,578 for additional funding for two public services food related activities; and

2. Authorizes the City Manager, or her designee, to execute all documents related to the receipt, use, and issuance of grant funds, including contracts and amendments thereto, with agencies receiving allocations of funds from the City of Livermore as set forth in Exhibit A, attached hereto.

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.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on January 26, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Daniel Gonzales
Ashley Zieba Daniel Gonzales
Acting City Clerk Deputy City Attorney

Exhibit A - Additional Human Services Grant Funding Recommendations Fiscal Years 2025-26 and FY 2026-27
132
Additional Human Services Grant Funding Recommendations Fiscal Years 2025-26 and 2026-27 Total Recommended Funding by Funding Sources FY 2025-26 FY 2026-27 2-Year Total Social Opportunity Endowment Fund (SOE) 28,464 27,114 55,578 General Fund 100,000 100,000 200,000 TOTAL $ 128,464 $ 127,114 $ 255,578
Total Recommended Funding by Category FY 2025-26 FY 2026-27 2-Year Total I. Pu
blic Services 128,464 127,114 255,578 TOTAL $ 128,464 $ 127,114 $ 255,578
1 EXHIBIT A
133
Additional Human Services Grant Funding Recommendations Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Y
ear
Requ ested
Funding
SOE Funding
Recommendation
FY 2025-26
General Fund
Funding
Recommendation
FY 2025-26
SOE F
unding
Recommendation
FY 2026-27
General Fund
Funding
Recommendation
FY 2026-27
SOE/
GF Funding
Recommendation
2-Year Total
A B C D A+B+C+D
Spectrum Community Services*
Meals on Wheels: More than a Meal
Deliver nutritious meals and vital
wellness checks five days a week to
disabled/homebound seniors in
Livermore.
$ 47,567 $ 148,000
$ 14,
464 $ - $ 14,
464 $ -
$ 28,
928
Tri-Valley Haven**
Food Pantry
Provide food to low-income
individuals and households using the
'Client Choice' model .
32,000 100,000
14,
000 - 12,
650 -
26,
650
Tri-Valley Haven
Mental Health Services
Provide individual and group therapy
to survivors of domestic violence,
sexual assault, homelessness and
poverty, and as well as families
experiencing other forms of crises.
-
60,000 - 25,
000 - 25,
000 50,
000
Chabot-Las Positas Community
College District
Tri-Valley Pathways to Employment
Program
Provide career and supportive
services to Tri-Valley residents, while
offering free job training, that
includes industry recognized
certifications in the Healthcare,
Professional Services, Advanced
Manufacturing, Construction,
Transportation and Warehousing
industries.
-
63,270 - 25,
000 - 25,
000 50,
000
Legal Assistance for Seniors
Legal Services, Medicare Counseling
& Community Education for Tri-Valley
Seniors
Provide free legal services and free
community education to older adults
in the areas of housing, elder
abuse/consumer protection,
guardianship, health law, public
benefits, and naturalization.
-
30,000 - 12,
500 - 12,
500 25,
000
CALICO Center
Livermore Child Abuse Intervention
Program
Provide child abuse intervention
services to Livermore children and
their caretakers through forensic
interviewing and family support
services.
10,000 29,000
- 12, 500 - 12, 500 25, 000
Community Resources for
Independent Living (CRIL)
Housing and Independent Living Skills
Provide residents who have a
disability with housing search
assistance, peer counseling, assistive
technology, independent living skills,
transition services, travel training and
wheelchair accessible transportation.
10,000 30,000
- 12,
500 - 12,
500 25,
000
I. P
ublic Services
2 EXHIBIT A
134
Additional Human Services Grant Funding Recommendations Fiscal Years 2025-26 and 2026-27 Agency Name
Project/Program Title Program Description Funding
FY 2024-25
2-Y
ear
Requested
Fund ing
SOE Funding
Recommendation
FY 2025-26
General Fund
Funding
Recommendation
FY 2025-26
SOE F
unding
Recommendation
FY 2026-27
General Fund
Funding
Recommendation
FY 2026-27
SOE/
GF Funding
Recommendation
2-Year Total
A B C D A+B+C+DI. P
ublic Services
Chabot-Las Positas Community
College District
Tri-Valley VITA Services
Provide free tax preparation services
to low- to moderate-income
individuals and families, especially
Earned Income Tax Credit (EITC)-
eligible families.
-
41,812 - 12,
500 - 12,
500 25,
000
$ 99,567 $ 502,082 $ 28,
464 $ 100,
000 $ 27,
114 $
100,000 $ 255,
578 Public Services Total
** was previously awarded $36,000 for FY 2025-26 and $37,350 for FY 2026-27 of SOE funding (Resolution 2025-065 Council Date April 28, 2025) * was previously awarded $59,536 for FY 2025-26 and FY 2026-27 of CDBG funding (Resolution 2025-100 Council Date June 23, 2025) 3 EXHIBIT A
135

CITY COUNCIL STAFF REPORT
ITEM NO. 6.5

DATE:

January 26, 2026
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution accepting the Annual Comprehensive Financial Report (ACFR) and Other Audit Reports for the Fiscal Year ended June 30, 2025.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution accepting the following reports for Fiscal Year 2024-25 as completed:
1 .

Annual Comprehensive Financial Report, and ratify and approve the audited financial statements presented therein in accordance with Government Code §37208; 2 .

Alameda County Transportation Commission Measure B Program Financial Statements; 3 .

Alameda County Transportation Commission Measure BB Program Financial Statements; 4 .

Alameda County Transportation Commission Vehicle Registration Fee (VRF) Measure F Program Financial Statements;
5 .

Agreed Upon Procedures for Compliance with the Proposition 111 2024-25 Appropriations Limit Increment;
6 .

Memorandum of Internal Control; and
7 .

Required Communications.

DECISION TYPE
Administrative

SUMMARY
The Annual Comprehensive Financial Report (ACFR), which contains the Auditor’s Opinion, for the fiscal year ending June 30, 2025, is complete and ready for City Council acceptance. The auditors have given the City an unmodified or “clean” opinion on the ACFR as shown in the Independent Auditors’ Opinion letter on page 1 of the audit report. This is the 44th consecutive year the City has received an unmodified opinion. In addition to the ACFR, there are six other audit compliance reports being presented for acceptance.

DISCUSSION
136
The audited ACFR and other required audit compliance reports are being presented to the City Council in accordance with the Livermore Municipal Code §2.28.020 and Government Code §37208. This year’s audits were performed by the City’s independent auditors, Eide Bailly LLP.

Government Code §37208 provides that a City Council is not required to approve payroll and other budgeted demands prior to issuing payment, they may be presented to the City Council for ratification and approval, in the form of an ACFR.

The City has submitted the FY 2024-25 ACFR for the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting award program. In the past, the City has received the GFOA award and believes that the recent ACFR meets the stringent requirements to again merit GFOA recognition.

In addition to the ACFR, there are six other reports for review:

Alameda County Transportation Commission Measure B Program Financial Statements is
required by the Master Program Funding Agreement with the Alameda County Transportation Commission (ACTC) and confirms that the City has complied with the provisions of Measure B.

Alameda County voters approved the half-cent transportation sales tax in November 2000. The sales tax collection began on April 1, 2002, and extended through March 31, 2022. ACTC administers Measure B funds to deliver transportation improvements and services.

Alameda County Transportation Commission Measure BB Program Financial Statements is
required by the Master Program Funding Agreement with the Alameda County Transportation Commission (ACTC) and confirms that the City has complied with the provisions of Measure BB.

Alameda County voters approved Measure BB in November 2014 and collection of the half-cent transportation sales tax by the Board of Equalization began on April 1, 2015, and extended through March 31, 2022. The full one-cent sales tax authorized by Measure BB began April 1, 2022, and will extend through March 31, 2045. Local jurisdictions began to receive the flow of funds in July 2015. ACTC administers Measure BB funds for transportation improvements in every city throughout Alameda County.

Alameda County Transportation Commission Vehicle Registration Fee Measure F Program Financial Statements
is required by the Master Programs Funding Agreement between the City and the Alameda County Transportation Commission and confirms that the City has complied with the laws, regulations, contracts, and grant agreements as specified and applicable to Measure F.

Measure F is the Alameda County Vehicle Registration Fee Program which was approved by voters in November 2010 and generates $10 per vehicle each year. The collection of these funds began in May 2011 will continue to be imposed annually unless repealed. The revenue generated is used for local road improvement and repair, transit congestion relief, local transportation technology, and pedestrian, bicyclist access, and safety programs.

Agreed Upon Procedures for Compliance with the Proposition 111 2020-21 Appropriation Limit Increment
is required by Section 1.5 of Article XIIIB of the California Constitution. This report shows the auditors applied specific procedures, which were suggested by the League of California Cities and presented in their Article XIIIB Appropriation Limitation Uniform Guidelines, to validate the City’s calculation of the Appropriations Limit. No exceptions were noted. 137

Memorandum on Internal Control:

In planning and performing the audit of the financial statements, the City's auditors, Eide Bailly LLP, considered the City’s internal control over financial reporting as a basis for designing the auditing procedures for the purpose of expressing opinions on the financial statements. The auditors are required to communicate to the City Council any internal control matters that come to their attention during the audit. Eide Bailly LLP have provided such a report in their Memorandum on Internal Control (MOIC) for the fiscal year ended June 30, 2025.

The report states that the audit did not identify any deficiencies in the City's internal controls.

Required Communications:

Under generally accepted auditing standards, the City’s external auditors are required to formally communicate with the governing body to convey audit matters, the scope of work, difficulties, adjustments to financial statements, or any possible disagreements with management. Professional standards require the auditor to evaluate the financial statements and assess the risk that a material misstatement could occur. Areas that are potentially more susceptible to misstatements, and thereby require special audit considerations, are designated as “significant risks”. The auditors identified no areas of significant risk.

FISCAL AND ADMINISTRATIVE IMPACTS

There is no direct fiscal impact in accepting the FY 2024-25 audit reports. Total audit and report preparation costs of
$
157,748

are within budget and are allocated to the General Fund, Enterprise funds, Measure B funds, Measure BB funds and transportation funds as the audits and reports are completed.

The total fee also includes preparation costs of certain reports not requiring City Council acceptance that are transmitted directly to the California State Controller, including the Special Districts Financial Transactions Report for the Livermore Capital Projects Financing Authority (LCPFA) and the Cities Financial Transactions Report for the City of Livermore.

COMMUNITY PILLAR
5: A City That Works

GOAL
17: Ensure effective use of public resources

ATTACHMENTS

1. Resolution

2. Exhibit A - Annual Comprehensive Financial Report

3. Exhibit B - ACTC Measure B Funds Financial Statements

4. Exhibit C - ACTC Measure BB Funds Financial Statements

5. Exhibit D - ACTC Vehicle Registration Fee Program (VRF) Financial Statements

6. Exhibit E - Independent Accountant's Report on Applying Agreed Upon Procedures Related to the Article XIII-B Appropriations Limit Calculation

7. Exhibit F - Independent Auditor's Report on Internal Control Over Financial Reporting on Compliance and Other Matters
138

8. Exhibit G - Required Communications

Prepared by: Erik Peterson
Finance Manager

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL

REPORT (ACFR) AND OTHER AUDIT REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 2025

At its meeting on January 26, 2025, the audited Annual Comprehensive Financial Report and other required audit compliance reports for the fiscal year ended June 30, 2025, were presented to the City Council in accordance with Livermore Municipal Code section § 2.28.020.

California Government Code § 37208(c) provid es that budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval in the form of an audited annual comprehensive financial report.

NOW, THEREFORE, B E IT RESOLVED by the City Council of the City of Livermore, that it has received and hereby accepts as completed the following financial statements and annual reports for the fiscal year ended June 30, 2025, attached hereto:

1. Annual Comprehensive Financial Report, attached hereto as Exhibit A;

2. Alameda County Transportation Commission Measure B Funds Financial Statements, attached hereto as Exhibit B;

3. Alameda County Transportation Commission Measure BB Funds Financial Statements, attached hereto as Exhibit C;

4. Alameda County Transportation Commission Vehicle Registration Fee Program (VRF) Financial Statements, attached hereto as Exhibit D;

5. Independent Accountant’s Report on Applying Agreed -Upon Procedures Related to the Article XIII -B Appropriations Limit Calculation, attached hereto as Exhibit E;

6. Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters, attached hereto as Exhibit F; and,

7. Required Communications, attached hereto as Exhibit G.

On motion of Council M ember ______________________, seconded by Council Member ______________________, the foregoing r esolution was passed and adopted on January 26, 2026, by the following vote:

140
2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:

_____________________________ /s/ Daniel Gonzales
Ashley Zieba Daniel Gonzales
Acting City Clerk Deputy City Attorney

Exhibit A - Annual Comprehensive Financial Report
Exhibit B - Alameda County Transportation Commission Measure B Funds Financial Statements
Exhibit C - Alameda County Transportation Commission Measure BB Funds Financial Statements
Exhibit D - Alameda County Transportation Commission Vehicle Registration Fee Program (VRF) Financial Statements
Exhibit E - Independent Accountant’s Report on Applying Agr eed-Upon Procedures Related to the Article XIII-B Appropriations Limit Calculation Exhibit F - Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters
Exhibit G - Required Communications

141

ANNUAL COMPREHENSIVE

FINANCIAL REPORT
FISCAL YEAR ENDED JUNE 30, 2025

CITY OF LIVERMORE CALIFORNIA

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Annual Comprehensive Financial Report

For the Year Ended June 30, 2025

Prepared By

Finance Division

Tina Olson
Administrative Service Director

Erik Peterson Benjie Lin
Finance Manager Accounting Supervisor

David Doyle Ki Lam
Accounting Supervisor Management Analyst

Ann Furtado Laurie Ong
Accounting Supervisor Administrative Specialist

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City of Livermore
Table of Contents
June 30, 2025

Introductory Section
Letter of Transmittal .......................................................................................................................................................... i Directory of City Officials ................................................................................................................................................ xiii City of Livermore Organization Chart ............................................................................................................................. xiv Financial Section
Independent Auditor’s Report ......................................................................................................................................... 1 Management’s Discussion and Analysis ........................................................................................................................... 5 Basic Financial Statements
Government-Wide Financial Statements
Statement of Net Position .......................................................................................................................................... 23 Statement of Activities ............................................................................................................................................... 24 Fund Financial Statements
Balance Sheet – Governmental Funds........................................................................................................................ 26 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position ................................... 27 Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds ............................... 28 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities .................................................................................................................................... 29 Proprietary Fund Financial Statements
Statement of Net Position – Proprietary Funds ......................................................................................................... 31 Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Funds .................................... 32 Statement of Cash Flows – Proprietary Funds ........................................................................................................... 33 Fiduciary Fund Financial Statements
Statement of Fiduciary Net Position – Fiduciary Funds ............................................................................................. 35 Statement of Changes in Net Position – Fiduciary Funds........................................................................................... 36 Notes to Financial Statements ....................................................................................................................................... 37 Required Supplementary Information
Notes to Required Supplementary Information ......................................................................................................... 91 Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – General Fund ................ 93 Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Low Income Housing Special Revenue Fund ................................................................................................................................................. 94 Schedule of Changes in the Net Pension Liability and Related Ratios – Miscellaneous Plan .................................... 95 Schedule of the Plan’s Proportionate Share of the Net Pension Liability and Related Ratios as of the Measurement Date – Safety Police Plan ............................................................................................................................................ 96 Schedule of Contributions – Miscellaneous Plan ....................................................................................................... 97 Schedule of Contributions – Safety Police Plan .......................................................................................................... 98 Schedule of Changes in the City’s Net OPEB Liability and Related Ratios .................................................................. 99 Other Post-Employment Benefits Schedule of Contributions .................................................................................. 100

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Supplementary Information
Non-Major Governmental Funds ............................................................................................................................. 101 Non-Major Governmental Funds – Combining Balance Sheet................................................................................. 104 Combining Statements of Revenues, Expenditures and Changes in Fund Balances – Non-Major Governmental Funds ........................................................................................................................................................................ 108 Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Budgeted Non-Major Funds ........................................................................................................................................................................ 112 Internal Services Funds ............................................................................................................................................. 121 Combining Statements of Net Position – Internal Service Funds............................................................................. 122 Combining Statements of Revenues, Expenses and Changes in Net Position ......................................................... 123 Combining Statements of Cash Flow ........................................................................................................................ 125 Custodial Funds ........................................................................................................................................................ 126 Combining Statement of Fiduciary Net Position – Custodial Funds ......................................................................... 127 Combining Statement of Changes in Fiduciary Net Position .................................................................................... 128 Statistical Section
Financial Trends
Net Position by Component ..................................................................................................................................... 130 Changes in Net Position ............................................................................................................................................ 131 Fund Balances of Governmental Funds .................................................................................................................... 134 Changes in Fund Balances of Governmental Fund ................................................................................................... 135 Revenue Capacity
Taxable Sales by Category ........................................................................................................................................ 137 Direct and Overlapping Sales Tax Rates ................................................................................................................... 138 Principal Sales Tax Payers ......................................................................................................................................... 139 Assessed Value and Estimates Taxable Property ..................................................................................................... 140 Direct and Overlapping Governments Property Tax Rates ...................................................................................... 141 Principal Property Taxpayers .................................................................................................................................... 142 Property Tax Levies and Collections ......................................................................................................................... 143 Debt Capacity
Ratios of Outstanding Debt by Type ......................................................................................................................... 144 Direct and Overlapping Governmental Activities Debt ............................................................................................ 145 Legal Debt Margin Information ................................................................................................................................ 146 Demographic and Economic Information
Demographic and Economic Statistics ..................................................................................................................... 147 Population Demographics ........................................................................................................................................ 148 Principal Employers .................................................................................................................................................. 149 Operating Information
Full-Time Equivalent City Government Employees by Function/Program ............................................................... 150 Capital Assets Statistics by Function/Program ......................................................................................................... 151 Operating Indicators by Function/Program ............................................................................................................. 152 Water and Sewer Rates ............................................................................................................................................ 153 Water System – Revenues by Class of User ............................................................................................................. 154 Sewer Connection Fees ............................................................................................................................................ 155 Sewer System – Summary of Historical Operating Results ...................................................................................... 156 Schedule of Insurance .............................................................................................................................................. 157 Livermore Successor Agency

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Redevelopment Project – Historical Tax Revenues .................................................................................................. 159 Redevelopment Project – Ten Largest Taxable Property Owners............................................................................ 160 Redevelopment Project – Actual and Projected Tax Revenues and Debt Service Coverage ................................... 161

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Introductory Section
June 30, 2025
City of Livermore

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December 31, 2025

Honorable Mayor, Members of the City Council and
citizens of the City of Livermore, California:

I am pleased to present the City's Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2025. State law requires that every general-purpose local government publish, within six months of the close of each fiscal year, a complete set of audited financial statements. This report fulfills that requirement for the fiscal year ending June 30, 2025.

Management assumes full responsibility for the completeness and reliability of the information contained in this report, based upon a comprehensive framework of internal control that it has established for this purpose. Because the cost of internal control should not exceed anticipated benefits, the objective is to provide reasonable, rather than absolute, assurance that the financial statements are free of any material misstatements.

The data in this report is presented in a manner that is designed to fairly set forth the financial position and results of operations of the City of Livermore (the City). It contains the disclosures necessary to promote in-depth understanding of the City's financial affairs and evaluate its financial condition.

The City’s financial statements have been audited by Eide Bailly LLP located in Menlo Park, California. The independent auditors concluded, based on their audit, that there was a reasonable basis for rendering an unmodified (or “clean”) opinion that the City of Livermore’s financial statements for the fiscal year (FY) ended June 30, 2025, are fairly presented in conformity with generally accepted accounting principles. The independent auditor’s report is the first item presented in the financial section of this report.

In addition to the financial audit, each year the City is required to undergo an audit of federal grant expenditures.

That report is commonly referred to as a Single Audit report and is issued as a separate document and is not included herein. The Single Audit report includes the Schedule of Expenditures of Federal Awards, Findings and Recommendations, and an auditor's report on the internal control structure and compliance with applicable laws and regulations.

The provisions of Governmental Accounting Standards Board (GASB) Statement 34, “Basic Financial Statements— and Management’s Discussion & Analysis—for State and Local Governments” requires that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements entitled, “Management Discussion & Analysis” (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with the MD&A, which can be found immediately following the report of the independent auditors in the financial section of the ACFR.

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City of Livermore
Letter of Transmittal
June 30, 2025

The City of Livermore, incorporated on April 1, 1876, is located on the southeasterly boundary of Alameda County.

The City of Livermore is a General Law city and has the power to make and enforce ordinances and regulations with respect to municipal affairs to the extent expressly permitted or implied by the California constitution or specific legislation. The City is organized as a council-manager form of local municipal government. The five-member City Council is elected at large for overlapping four-year terms. The City Council includes an elected Mayor whose term of office is two years.

On November 26, 2018, the City adopted an ordinance to transition from an at-large to district-based election system to comply with the California Voting Rights Act (California Government Code Section 34886 and 34871(c)).

The City Council selected a district map dividing the City into four single member districts. Starting with the general municipal election in November 2020, City Council members were elected in City Council districts 3 and 4. Council members were elected in City Council districts 1 and 2 beginning at the general municipal election in November 2022. The Mayor continues to be elected on an at large basis.

The City Council appoints the City Manager and City Attorney to carry out its adopted policies. In addition, the City Council appoints members of advisory Commissions, Committees, and Boards.

The City Council sets priorities and adopts the biennial budget on or before June 30 for each of the ensuing two fiscal years, which serves as the foundation for the City’s financial planning and control. The level of budgetary control (that is, the level at which expenditures cannot legally exceed the appropriated amount) is maintained at the fund level. The City Manager may transfer resources within a fund. Supplemental appropriations and budget transfers between funds and projects, however, need approval from the City Council. The City's budgetary procedures are further discussed in Note 2 of the notes to the basic financial statements.

The City, with 499 full-time equivalent employees, provides a wide range of services to a residential population of 85,8991. These services include public safety (police, fire, building inspection, water, and sewer); street and landscape maintenance; street lighting; planning and public improvements; public libraries; general administrative services, and municipal airport services. Fire safety services are provided by a Joint Powers Authority, Livermore Pleasanton Fire Department (LPFD). Recreational services are provided to residents by the Livermore Area Recreation and Park District (LARPD), a special district governed by a separately elected board.

The City is also financially accountable for a legally separate Livermore Capital Projects Financing Authority (LCPFA), which is reported within the City’s financial statements as a blended component unit. Additional information on this legally separate entity can be found in the notes to the financial statements (see Note 1).

_______________________________________
1 Data source: State of California, Department of Finance

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iii

City of Livermore
Letter of Transmittal
June 30, 2025

The information presented in the financial statements is perhaps better understood when it is considered from the broader perspective of the specific environment within which the City operates.

The City is the easternmost city in the San Francisco Bay Area situated in the growing Tri-Valley area which contains the cities of Pleasanton, Livermore, Dublin, and San Ramon. Livermore is conveniently located near two major freeways, I-580 and I-680, and is close to the metropolitan areas of San Francisco, Oakland, and San Jose. In addition to its proximity to the Oakland, San Francisco and San Jose International Airports, the City of Livermore owns and operates the Livermore Municipal Airport. This general aviation airport services private and corporate customers, and records more than 197,000 takeoffs and landings annually.

Livermore Valley Wine Country is one of the oldest wine regions in California. On November 22, 2021, the Livermore Valley Wine Heritage District was formed to provide funding for marketing and education efforts to increase winery sales revenue, and other improvements and activities for the 46 assessed wineries in Livermore Valley. Livermore is surrounded by award-winning wineries, farmlands, and ranches that mirror the valley’s history.

Less than an hour east of San Francisco, Livermore Valley Wine Country’s picturesque canyons and ridges welcome locals and visitors to the valley’s vineyards and tasting rooms, which are an integral part of Livermore’s quality of life. Popular wine bars, tasting rooms and boutique wine shops thrive in downtown Livermore as well.

Livermore is the home of two world-renowned national laboratories: Lawrence Livermore National Laboratory (LLNL) and Sandia National Laboratories (SNL). The laboratories are premier science and technology research facilities, which conduct some of the nation’s most innovative research related to several national programs, including security, combustion and renewable energy, water resources and biosciences. The presence of the laboratories attracts other technology and industrial companies as well as professional services businesses. In addition, one of the largest retail outlet malls in California is in Livermore and is home to over 180 leading designer and name brand outlet stores, as well as a growing number of small retailers.

In June 2025 the City’s unemployment rate of 4.4% continued to rank below the average unemployment rates of the county (5%) and state (5.4%) and was greater than the nation (4.1%). Employment in Livermore has historically been less volatile due to the presence of major employers and their contractors. Besides the City itself, two national laboratories, a school district, a community college, and a park and recreation district are major employers in the City. The following chart shows a 10-year comparison of unemployment rates in the state and local areas as well as the U.S. by fiscal year.

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154

City of Livermore
Letter of Transmittal
June 30, 2025

Source: State of CA – Employment Development Department

A key indicator of the local economy is retail sales. Sales tax revenues are highly sensitive to economic conditions such as levels of unemployment, job growth, consumer confidence, per-capita income, and tourism.

It is important to be aware that approximately 15% of the City’s sales tax revenue is derived from the San Francisco Premium Outlets which focuses on high-end consumer goods. Many of the shoppers are tourists visiting the San Francisco Bay area. Out of the 4.8 million Livermore visitors, 2.7 million or 56% visited the San Francisco Premium Outlets (source: Placer AI).

Livermore’s taxable sales in FY 2024-25 were 4.9% lower than FY 2023-24 with most of the losses coming from the General Consumer Goods and Business and Industry groups. Some of the reduced sales tax revenues is associated with the new Costco store in Pleasanton that reduced sales in the Costco store in Livermore and high interest rates reducing larger purchases. The chart below illustrates the City’s sales tax revenue for FY 2024-25 by major industry group.

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City of Livermore
Letter of Transmittal
June 30, 2025

Source: HdL

The local real estate market and property value assessments are key indicators of the local economy. Property tax is less volatile compared to sales tax. The City’s assessed property valuation increased by 5.5% to $26.8 billion in FY 2024-25 compared to a 6% increase in the previous fiscal year.

Livermore’s real estate market remained about the same during FY 2024-25. As reported by HdL, the median sales price for a single-family residence in Livermore decreased by 2% - from $1.27 million to $1.25 million from June 2024 to June 2025.

Source: HdL

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City of Livermore
Letter of Transmittal
June 30, 2025

In its November 13, 2025 publication, the Conference Board forecasts that US economic growth will experience slow growth at year-end related to the 43-day government shutdown and recover at the beginning of 2026 They forecast that real GDP will grow by 1.5% in 2026 and then increase by approximately 2.0% in 2027.

Although Livermore’s current financial picture is positive, there are plenty of reasons for concern when we look out further on the financial horizon. The City is on a steady financial course, but still strives to achieve long-term financial stability, which is linked to adequately funding its long-term liabilities. While General Fund reserves are currently fully funded, future liabilities, increasing employee costs, and deferred infrastructure maintenance temper the City’s progress.

The single largest unaddressed financial challenge the City faces is the maintenance and replacement of its infrastructure. The City is developing a comprehensive infrastructure repair and replacement plan so that adequate resources are available when needed. In the meantime, the City established two capital reserves in June 2023 – Existing Asset Maintenance and Repair Reserve and New and Replacement Asset Reserve. As of June 30, 2025, there was a combined balance of $28.2 million in capital reserves. The City funds capital reserves through year-end surpluses and, depending on the City’s budget status, annual budget allocations. The FY 2023-25 Budget allocated approximately $20 million from General Fund resources for capital improvements, representing a significant investment in facility repairs and replacements, sidewalk repairs, street tree removal and replacement, wall repairs, and stormwater projects.

Rising pension costs will continue to be a challenge for most public agencies. The City contributes to the California Public Employees’ Retirement System (CalPERS) for its Miscellaneous and Safety Police retirement plans. CalPERS implemented a 20-year rate amortization and a five-year phase-in effective from fiscal year 2016-17. The City’s “second tier” pension plan (2% at 60) coupled with the Public Employee Pension Reform Act (PEPRA) will reduce employee pension costs in the long-term. City staff will continue to monitor CalPERS changes and suggest prudent strategies to address these increases as the opportunities arise.

The City of Livermore, along with the San Francisco Bay Area and much of California, is in the middle of a homelessness crisis. The prolonged economic expansion, low interest rates through most of 2022, and housing shortage led to median home values skyrocketing throughout the Bay Area. As mentioned above, the median home price for a single-family home in Livermore is approximately $1.25 million on June 30, 2025. Purchasing a median priced home with 10% down requires approximately $130,000 for a down payment, $36,000 for closing costs, and approximately $195,000 in annual household income. The average rent in Livermore for a two-bedroom apartment is approximately $2,600 per month. A household will need an annual average income of $104,000 to afford this level of rent.

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City of Livermore
Letter of Transmittal
June 30, 2025

A five-year General Fund Financial Plan is included in the City’s adopted budget. This is a valuable financial planning management tool, especially in challenging financial times, which assists the City Council in setting priorities and educating the community on the long-term state of the City’s finances. Inflation and historical growth rates are used to predict levels of expenditures. The expenditure base and revenue base are then adjusted for discrete changes that may occur within the five-year forecast period such as the addition of a major employer, retail center, hotel and/or additional housing development.

Perhaps the best measure of the City’s ability to withstand an economic downturn while maintaining current service levels and building sustained growth for the future is its fund balance reserves. In general, a city should maintain sufficient reserves to mitigate potential emergency scenarios. The City committed to maintaining General Fund reserves equal to at least 30% of annual General Fund budgeted expenditures and transfers related to debt service.

The City has maintained reserves equal to at least 30% since 2008 except for 2013 when reserves were equal to 29%.

The City Council sets goals and priorities through a 5-year Citywide Strategic Plan that guides the City’s budget and workplan. The Strategic Plan is organized around the following five broad community pillars:

1. A Safe Community that Thrives

2. Economy that Prospers

3. Environmental Stewardship

4. Inclusive and Inviting Spaces and Places

5. A City that Works

The City has made extensive progress towards each of these priorities. Some of the achievements realized during FY 2024-25 are as follows:

• The Police Department answered over 103,857 landline and 24,179 wireless 911 calls as well as responding to more than 58,144 incidents including more than 41,811 calls for service, resulting in 1,559 criminal arrests, and the seizure of 72 firearms.
• Shea Homes “Tranquility”. Approval of a new residential development in the Isabel Neighborhood Specific Plan that includes 164 for-sale condominium units, with 33 moderate-income affordable units, 17 accessible units, common open space areas including four pocket parks, landscaping, parking, pedestrian connections to existing public right-of-way, and Isabel and Portola Avenue frontage improvements, including separated Class IV bike lanes.

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City of Livermore
Letter of Transmittal
June 30, 2025
• Isabel Crossing. Approval of the Isabel Crossing project, the largest single project to date in the Isabel Neighborhood Specific Plan. The project would develop the vacant 45-acre site at the southwest corner of Isabel Avenue and Portola Avenue with a master-planned community offering a range of housing options with 1,299 dwelling units, including duplexes, triplexes, flat condominiums, apartments, and three-story townhomes, approximately 75,000 square feet of office and commercial uses, a main street with public plazas, a new neighborhood park, private recreation center and pool, public trails, bike paths, bike lanes, and a public art program.
• Portola Townhomes. Approval of three residential buildings totaling 31 three-story townhouse style condominiums. The project includes six affordable units and four accessible units, a Class 2b bike lane, and related landscaping, parking, stormwater, and frontage improvements. • Open Space Acquisition. In 2024, the City acquired four properties, totaling approximately 330 acres of open space land for permanent preservation and conservation. All the properties have significant biological, scenic, and recreational value. The City periodically acquires open space land from willing sellers on the open market to protect and/or enhance the natural resources and attributes of the properties. • Cornerstone Residential. Approval of the Cornerstone residential development located at the northwest corner of the Collier Canyon Road and Constitution Drive intersection. The project provides 253 residential units, including 143 for-sale townhomes in 21 buildings and 110 affordable for-rent apartments in one building. Project amenities include a 2.5-acre park, pocket park, trail improvements along Collier Creek, an easement for a future pedestrian bridge across Collier Creek, and a monetary contribution towards constructing the bridge.
• Goodness Village. Approval of Conditional Use Permit Modification to allow supportive housing (Goodness Village) associated with a public or quasi-public use (Crosswinds Church). The project is to modify the Conditional Use Permit for Crosswinds Church to permanently allow the 28-unit Goodness Village and a new, approximately 7,125 square foot community center for residents and staff administrative offices. • Casino 580. Approval of a Municipal Code Amendment, Development Code Amendment, Conditional Use Permit Modification, Development Agreement, Site Plan Design Review, and Site Plan Design Review Modification for the Parkwest Casino 580 Expansion Project and citywide cardroom operations. The amended cardroom table fees are expected to generate approximately $695,000 annually from Casino 580 (which amount will adjust with the Consumer Price Index). This revenue will be used in part to fund two full- time positions, one in the Police Department and one in the Community Development Department. • Comcast Properties Rezoning and Development Agreement. Approval of an Isabel Neighborhood Specific Plan Amendment to change the land use at 3011, 3055, and 3077 Triad Place from Business Park to Residential Transition (multifamily residential) and a Development Agreement to vest a land use development concept for 450 multifamily housing units, private and common open space, infrastructure including a new bicycle lane, establish terms and timing of payments into the Social Opportunity Endowment and Community Benefit Funds, alternatives to inclusionary affordable housing requirements, and the construction of off-site Class IV bike lane improvements along North Canyons Parkway. • Development Code Update and Objective Design Standards. Adoption of a comprehensive update of the Livermore Development Code (LDC) to incorporate changes in state housing laws, increase project review streamlining, and establish citywide Objective Design Standards applicable to multifamily residential and mixed-use residential projects.

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City of Livermore
Letter of Transmittal
June 30, 2025
• Capital Improvement Project Storymap Webpage. Developed and implemented Capital Improvement Project Storymap. This website shows the location of all the City’s Capital Projects that have been completed in the last year, are in construction, or in design. The project links to the project webpages that are updated at least every month. This helps staff and the public track the progress of City projects. • Development Plan Check Manual Update. Updated the Development Plan Check Manual. This manual is used by engineers, developers, contractors, and the general public to prepare and review final maps, improvement plans, deeds, and associated documents. The manual contains standard conditions of approval, procedures, and checklists. The updated manual reflects recommendations from City staff and incorporates the latest upgrades to city processes, laws, and standards. • Flagpole Plaza. The City completed renovations to the Flagpole Plaza to restore the public gathering area, retain opportunities for continued outdoor dining, improve landscaping, and add new lighting, while maintaining strong connections between the flagpole, the existing fountain, and the plaza. Additionally, advanced security cameras connected to the Police Department’s Real-Time Awareness Center were installed to improve public safety at both Flagpole Plaza and Livermorium Plaza. The project enhances both the safety and aesthetics of a prominent city intersection, transforming it into a vibrant and functional space for the community.
• City Hall HVAC Replacement. The HVAC control systems were replaced at City Hall, the Police building, and Library, Carbon dioxide sensors were installed at various locations to improve the efficiency of the air- handling units. The boilers and chiller were replaced.
• Holmes Street Decorative Wall Replacement. Replaced over 1,700 lineal feet of deteriorated wood stake fence on the west side of Holmes Street from Catalina Drive to north of El Caminito. The new redwood fence is 7-foot-tall. This project helped beautify this gateway into the City and increased pedestrian safety on the sidewalks.
• Railroad Avenue Street Improvements. Completed improvements to Railroad Avenue between the Livermore Valley Parking Garage and K Street. These improvements support the Downtown Specific Plan by widening the street, extending turn lanes, replacing the sewer, installing crosswalks, modifying traffic signals, upgrading ramps, adding landscape medians, and resurfacing and restriping the road. • Primary Treatment Improvements at Water Reclamation Plant. Major rehabilitation and process improvements to the primary and secondary treatment facilities of the Water Reclamation Plant. Major improvements included rehabilitating the existing influent pumps; rehabilitating the primary clarifier structures and equipment; rehabilitating the primary effluent pump station structure and equipment; replacing the electrical systems that support the primary treatment area; and replacing the mechanical equipment inside of Secondary Clarifier No. 2.
• Street Maintenance. Resurfaced several streets, filled 1,511 potholes, and applied 42,000 pounds of crack filler to street surfaces.
• L Street Garage. Nearing completion of four level, 452 space parking structure in the center of Downtown Livermore. Project includes new pedestrian pathways, additional landscaping on Veterans Way, electric vehicle chargers, parking technology, and other site improvements

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160

City of Livermore
Letter of Transmittal
June 30, 2025

• Downtown Remediation. Water Board and Air Board approved the City using a vapor extraction remediation system in the downtown core for the L Street Garage, future Eden Housing, and future Science Center parcels. Received low threat closure for Blacksmith Square expansion parcels and future Blackbox Theater parcel.
• Additional Projects Completed. Additional projects were completed such as replacing water laterals in Springtown, flood protection and repairs at Las Positas Golf Course, upgrades to the Traffic Operations Center, and crosswalk improvements,
• Construction Projects Started. Started construction on multiple projects including a new Springtown Community Park and 18 Hole Disc Golf Course, flood protection and repairs at the Las Positas Golf Course, storm drain trash capture devices, main line sewer replacements, and Arroyo Mocho creek repairs at Holmes Street.
• Design Started on Projects. Started design on several projects including replacing Fire Station 6, expanding the Fleet Shop, a new Teen Center at the Civic Center Library, City fleet electrification, East Avenue corridor ATP implementation, a new pedestrian bridge over Isabel, North K Street reconstruction, and slurry seal and resurfacing pavement. maintenance,
• Final Maps. Processed multiple final maps and public improvement plans including Arroyo Vista, Parkview, Triad East, and Shea Serenity.
• Pedestrian Infrastructure. Installed new crosswalks, repaired multi use trails, repaired and replaced damaged sidewalks, and installed new ADA ramps.
• Fire Station HVAC Upgrades. Renovated Fire Stations 8 and 9 HVAC systems • Fire Station Alerting System. Updated all Fire Station alerting systems. • LPFD Community Risk Assessment. For the first time, LPFD completed a Community Risk Assessment and Standards evaluation.
• LPFD Records System. Implemented a new incident records management system to bolster LPFD’s recordkeeping and data management.

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161

City of Livermore
Letter of Transmittal
June 30, 2025

Fund Balance Policy In June 2016, the City Council adopted a resolution updating the Livermore Fund Balance Policy to maintain the fiscal stability of the organization, to help maintain the City’s credit worthiness, and to provide funds for economic uncertainties, contingencies, and cash flow requirements. The General Fund Financial Stabilization Operating Reserve is set at 15 percent of budgeted operating expenditures plus debt service transfers to be used in a catastrophic event or in a major emergency or in periods of severe fiscal crisis. The General Fund Economic Uncertainty Reserve is set at 13.5 percent of budgeted operating expenditures plus debt service transfers to be used during times of severe economic distress such as protracted recessionary periods or other impactful unforeseen events which greatly diminish the financial ability of the City to deliver core services. Minimum unassigned fund balance is set at 1.5 percent of the budgeted operating expenditures plus transfers for debt service.

Infrastructure Repair and Replacement Funding As previously noted, Council adopted a resolution creating two capital reserves for general government-owned facilities and infrastructure to help ensure there is sufficient funding to address the City’s capital needs – Existing Asset Maintenance and Repair Reserve Fund and the New and Replacement Asset Reserve Fund.

Debt Management and Disclosure policy The City’s Debt Management and Disclosure Policy is intended to ensure compliance by the City with all applicable federal and state securities laws and regulations; to achieve the highest practical credit ratings within the context of the City’s financing needs and financing capabilities; and to establish maximum limits on the amounts of debt outstanding and the amount of annual debt service the City will consider.

This policy sets a ceiling for the cumulative annual payments related to debt from the General Fund at 7.5 percent of the previous fiscal year's General Fund revenue.

Timeliness of Financial Reporting Practices The City believes that time is of the essence in the publication of Budget and Annual Comprehensive Financial Report documents. The budget is adopted before June 30 and loaded into the financial system on the first day of the new fiscal year. The ACFR publication date is generally within 180 days of the close of the fiscal year. The City’s major financial documents are available on the web at www.livermoreca.gov.

EXHIBIT A
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City of Livermore
Letter of Transmittal
June 30, 2025

GFOA Financial Reporting Certificate of Achievement

The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of
Achievement for Excellence in Financial Reporting to the City of Livermore for its annual comprehensive financial report for the fiscal year ended June 30, 2024. This was the 36th consecutive year that the City of Livermore has achieved this prestigious award. To be awarded a Certificate of Achievement, a
government must publish an easily readable and efficiently organized annual comprehensive financial report. This report must satisfy both generally accepted accounting principles (GAAP) and applicable legal requirements.

A Certificate of Achievement is valid for a period of one year only. We believe that our current annual comprehensive financial report continues to meet the Certificate of
Achievement Program’s requirements, and we are submitting it to GFOA to determine its eligibility for another certificate.

This report represents the culmination of dedicated efforts by City staff both inside and outside of the Finance Division. The preparation of this report on a timely basis could not have been accomplished without the hard work and team effort of the entire financial reporting team. I wish to thank all departments for their assistance in providing the data necessary to prepare this report. I would like to express my appreciation and thanks to Ahmad Gharaibeh and his staff at Eide Bailly LLP. Credit is also due to the Mayor and the City Council members for their unfailing support for maintaining the highest standards of professionalism in the management of the City’s finances.

Very truly yours,

Tina Olson
Administrative Services Director

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xiii

City of Livermore
Letter of Transmittal
June 30, 2025

Directory of City Officials
As of June 30, 2025

Elected Officials

Executive Team

Marianna Burch Jason Alcala
City Manager City Attorney

Assistant City Manager Paul Spence
Acting Deputy City Manager Stephanie Egidio
Director of Administrative Services Tina Olson
Director of Community Development Brent Smith
Director of Innovation & Economic Development Brandon Cardwell Director of Library Services Anwan Baker
Director of Public Works Carl Brown
Fire Chief Joe Testa
Police Chief Jeramy Young

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xiv
Organization Chart
As of June 30, 2025

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Financial Section
June 30, 2025
City of Livermore

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This Page Intentionally Left Blank

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1 Independent Auditor’s Report
To Honorable Mayor and Members
of the City Council of the City of Livermore
Livermore, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the governmental activities, the business‐ type activities, each major fund, and the aggregate remaining fund information of the City of Livermore, California (City), as of and for the year ended June 30, 2025, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.

In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business‐type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2025, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards).

Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
eidebailly.com
4040 Campbell Ave., Ste. 200 • Menlo Park, CA. 94025-1053 • T 650.522.3400 • F 650.645.7393 • EOE

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2 Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.

Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
• Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control–related matters that we identified during the audit.

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3 Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – General Fund, the Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Low Income Housing Special Revenue Fund, the Schedule of Changes in the Net Pension Liability and Related Ratios – Miscellaneous Plan, the Schedule of the Plan’s Proportionate Share of the Net Pension Liability and Related Ratios as of the Measurement Date – Safety Police Plan, the Schedule of Contributions – Miscellaneous Plan, the Schedule of Contributions – Safety Police Plan, , the Schedule of Changes in the City’s Net OPEB Liability and Related Ratios and the Other Post-Employment Benefits Schedule of Contributions be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Supplementary Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The combining and individual fund financial statements and schedules are presented for purposes of additional analysis and are not a required part of the basic financial statements.

The combining and individual fund financial statements and schedules are the responsibility of management and were derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole.

Other Information
Management is responsible for the other information included in the annual report. The other information comprises the introductory and statistical sections but does not include the basic financial statements and our auditor's report thereon. Our opinions on the basic financial statements do not cover the other information, and we do not express an opinion or any form of assurance thereon.

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4 In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 31, 2025, on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering City’s internal control over financial reporting and compliance.

Menlo Park, California
December 31, 2025

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5 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
Management’s Discussion and Analysis
The purpose of the Management’s Discussion and Analysis is to offer to the reader of the City’s financial statements a narrative overview and analysis of the financial activities of the City of Livermore for the fiscal year ended June 30, 2025. The reader is encouraged to consider the information presented here in conjunction with the additional information furnished in the letter of transmittal, which can be found on page i of this report.

Financial Highlights
• The City’s net position increased by 9.5% (or $68.8 million) in FY 2024-25 from $724.3 million to $793.1 million primarily due to increased revenues related to development, adding two capital assets – the L Street Garage and the primary and secondary treatment improvements at the water treatment plant and reduced long-term liabilities.
• The City’s Net Pension liability decreased by $6.2 million from $164.0 million in FY 2023-24 to $157.8 million in FY 2024-25, due to CalPERS investment returns exceeding the discount rate in FY 2023-24. The measurement date of CalPERS reports is one year behind the City’s annual financial report. The City is expecting the Net Pension liability to decrease again in the City’s FY 2025-26 annual financial report due to CalPERS’ FY 2024-25 investment gains also exceeding the discount rate.
• The market value of the City’s investments was $2.9 million less than cost in FY 2024-25. This is an improvement of $6.6 million from FY 2023-24’s unrealized loss of $9.5 million. Staff has been working with the City’s investment advisor to strategically reinvest maturities to maximize investment income. The City is expecting to experience unrealized investment gains next year due to three rate cuts in late 2025. The City did not incur any actual losses. Unrealized gains or losses are the difference between what an investor will pay for an investment in the current market and the amount the City originally bought it for. Actual investment income was $9.3 million in FY 2024-25 from the City’s main portfolio, an increase of $2.2 million from FY 2023-

24. • At the close of FY 2024-25, the City’s governmental funds reported combined fund balances of $291.6 million, an increase of $16.2 million from the prior fiscal year’s fund balance of $275.4 million due to increased property tax revenues, revenues from charges for services, and investment income, which is partially offset by increased transfers out and capital project expenditures. • At the end of FY 2024-25, the unrestricted fund balance (the total of the committed, assigned, and unassigned components of fund balance) for the General Fund was $75.01 million, or approximately 52.6% of total General Fund expenditures, and debt service transfers out. The City’s General Fund Reserve Policy requires operating reserves equal to 30% of operating expenses and outgoing transfers for debt service.

Overview of the Financial Statements
This discussion and analysis are intended to serve as an introduction to the City’s basic financial statements. The City’s basic financial statements are comprised of three components: government-wide financial statements, fund financial statements, and notes to the basic financial statements. This report also contains supplementary information in addition to the basic financial statements.

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6 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
Government-wide Financial Statements
The government-wide financial statements are designed to provide the reader with a broad overview of the City’s finances, similar to a private-sector business.

The Statement of Net Position presents information on all the City’s assets, deferred outflows, liabilities, and deferred inflows with the difference reported as Net Position. Over time, increases or decreases in Net Position may serve as a useful indicator of whether the financial position of the City is improving or declining.

The Statement of Activities presents information showing how the City’s Net Position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. This is known as the full accrual basis of accounting.

Both government-wide financial statements distinguish functions of the City that are principally supported by taxes and intergovernmental revenues (governmental activities) from other functions that are intended to recover all or most of their costs through user fees and charges (business-type activities). The governmental activities of the City include the following functions: General Government (city council, city manager, city attorney, city clerk, finance, human resources), fire, police, public services, community development, economic development, and library. The business-type activities of the City include airport, water, sewer, and stormwater.

The government-wide financial statements include not only the City itself (known as the primary government) but also the activities of its legally separate component unit, the Livermore Capital Projects Financing Authority (LCPFA).

Since the City Council acts as the governing board for LCPFA and because this component unit functions as part of the City government, its activities are blended with those of the primary government. The government-wide financial statements can be found on pages 23-24 of this report.

Fund Financial Statements
A fund is a grouping of related accounts that is used to maintain control over resources that have been designated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All the funds of the City can be divided into three categories: governmental funds, proprietary funds and fiduciary funds.

Governmental Funds
Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. This information may be useful in evaluating the City’s near-term financial requirements. The basis of accounting in governmental funds is known as the modified accrual basis.

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7 City of Livermore
Management’s Discussion and Analysis
June 30, 2025

The focus of fund financial statements is narrower than that of government-wide financial statements. It is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, the reader may better understand the long- term impact of the City’s near-term financing decisions.

Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balances provide a reconciliation to facilitate the comparison between governmental funds and governmental activities. This is required because the government-wide statements are prepared on the full accrual basis of accounting while the fund statements are prepared on the modified accrual basis of accounting.

The governmental fund financial statements provide separate information for all major funds, while non-major funds are combined in a single column. In FY 2024-25, the City identified two major governmental funds, which are the General Fund, and the Low-Income Housing Fund.

Proprietary Funds
The City maintains two different types of proprietary funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for its airport, water, sewer, and stormwater activities. Internal service funds are used to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for the management of its retained risk for general liability and workers’ compensation, and for its fleet and equipment services, information technology, cybersecurity, and facilities rehabilitation.

Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. The proprietary fund financial statements provide separate information for all four of the City’s enterprise funds. These funds are Airport, Water, Sewer, and Stormwater. All the City’s internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements. Individual fund data for the internal service funds is provided in the Supplemental Information section of this report.

Fiduciary Statements
Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds activities are excluded from the City’s government-wide financial statements because the City cannot use these assets to finance its own operations.

The City maintains two different types of fiduciary funds. The Private-Purpose Trust Fund is used to account for the assets and liabilities held in trust for the Successor Agency to the former Redevelopment Agency; and Custodial Funds are used to account for monies collected and disbursed in a custodial capacity for the Livermore Pleasanton Fire District JPA and other agencies. The fiduciary fund financial statements can be found on pages 35-36.

Notes to the Basic Financial Statements

The notes to the basic financial statements provide important additional information that is essential to a full understanding of the data reported in the government-wide and fund financial statements. The notes to the basic financial Statements are found on pages 37-90.

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8 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
Other Information
In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information related to the City’s changes in net pension liability, employer’s contribution to the pension plans, the Schedule of Changes in the City’s OPEB Liability, the Schedule of Contributions for other post- employment benefits, and the budgetary comparison schedules for major governmental funds. Required supplementary information can be found on pages 91-100.

Individual fund data for non-major governmental funds, internal services funds, and fiduciary funds are presented immediately following the required supplementary information beginning on pages 101-128 of this report.

Government-wide Financial Analysis
As noted earlier, the City’s net position serves as a useful indicator of whether the City’s financial position is improving or deteriorating. Other factors, such as market conditions, should be considered when measuring the City’s overall financial position. This analysis focuses on the net position and changes in net position of the City as a whole. As shown in the chart below, total government-wide assets and deferred outflows of resources exceeded liabilities and deferred inflows of resources by $793.1 million, at the close of FY 2024-25.

Long‐term liabilities, which consists mostly of claims, debt, compensated absences, pension, and postemployment benefit obligations, decreased by $16.7 million from the previous year for governmental and business‐type activities combined. The City’s debt decreased by $7.0 million due to scheduled debt payments. The City’s total pension liability increased by $7.8 million.
2025 2024 2025 2024 2025 2024
Assets:

Current and other assets 312.8$ 289.8$ 190.9$ 172.5$ 503.7$ 462.3$ Capital assets 416.4 401.0 165.5 159.4 581.9 560.4 Total assets 729.2 690.8 356.4 331.9 1,085.6 1,022.7 - Total Deferred outflows of resources 38.2 52.7 4.9 6.8 43.1 59.5 Liabilities:

Long-term liabilities outstanding 244.3 259.1 31.0 32.9 275.3 292.0 Other liabilities 35.8 34.6 10.4 11.6 46.2 46.2
Total liabilities 280.1 293.7 41.4 44.5 321.5 338.2 - Total Deferred inflows of resources 3.5 7.8 10.7 11.9 14.2 19.7 - Net position:

Net investment in capital assets 342.8 313.7 159.4 153.0 502.2 466.7 Restricted 212.9 187.2 - - 212.9 187.2 Unrestricted (71.8) (58.9) 149.8 129.3 78.0 70.4 Total net position 483.9$ 442.0$ 309.2$ 282.3$ 793.1$ 724.3$ * The prior year's amounts were not restated for GASB Statement 101, compensated absences 1 Due to rounding amounts may differ from what's reported on the financial statements Table 1
City of Livermore Net Position
(in Millions)1
Governmental activities Business-type activities Total

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9 City of Livermore
Management’s Discussion and Analysis
June 30, 2025

The largest portion of the City’s net position ($502.2 million or 63.3%) reflects its investment in capital assets (e.g., land, buildings, machinery, equipment, vehicles, and infrastructure), less any related outstanding debt that was used to acquire those assets. The City uses these capital assets to provide a variety of services to its residents and businesses. Accordingly, these assets are not available for future spending. Although the City’s investment in capital assets is reported net of related debt, it should be noted that the resources used to repay this debt must be provided from other sources, since the City is unlikely to use the capital assets themselves to liquidate these liabilities.

An additional portion of the City’s net position ($212.9 million or 26.8%) represents resources that may be used only for specified capital projects, special revenue programs, or landscape and maintenance. The restrictions on these funds were placed there by outside agencies and are not subject to change by the City.

At the end of FY 2024-25, except for unrestricted net position, the City is able to report positive balances in all reported categories of net position, both for the government as a whole, as well as for its separate business-type activities. The unrestricted category for governmental activities had a deficit balance of $71.8 million as of the end of FY 2024-25. The deficit is caused primarily by $103.7 million in the unfunded pension liabilities and $20.4 million in postemployment liabilities including the related deferred inflows and outflows of resources. The unfunded net pension liabilities and net OPEB liabilities will be funded annually in accordance with actuarially determined contribution rates. The governmental activities unrestricted net position, excluding the effects of pension and OPEB liabilities, is $52.3 million and may be used to meet the City’s ongoing obligations.

Overall, the City’s net position increased by $68.8 million from $724.3 million in FY 2023-24 to $793.1 million in FY 2024-25. The reasons for this overall increase are discussed in the following sections for governmental activities and business-type activities.

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10 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
2025 2024 2025 2024 2025 2024
Revenues
Program revenues:

Charges for services 35.1$ 16.3$ 58.5$ 59.2$ 93.6$ 75.5$ Operating contributions and grants 30.0 12.2 0.5 0.8 30.5 13.0 Capital grants and contributions 5.3 10.0 9.2 2.3 14.5 12.3 Total program revenues 70.4 38.5 68.2 62.3 138.6 100.8 General revenues:

Property taxes 60.4 57.7 - - 60.4 46.6 Sales taxes 39.1 39.6 - - 39.1 39.6 Other taxes 24.8 26.5 - - 24.8 26.5 Intergovernmental 4.3 2.4 - - 4.3 13.5
Investment income 18.4 11.5 8.4 5.9 26.8 17.4 Miscellaneous 5.8 6.2 - - 5.8 6.2
Total general revenues 152.8 143.9 8.4 5.9 161.2 149.8 Total Revenues 223.2 182.4 76.6 68.2 299.8 250.6 Expenses
General Government 22.5 19.6 - - 22.5 19.6 Fire 28.5 28.7 - - 28.5 28.7
Police 46.0 41.3 - - 46.0 41.3
Public Works 32.3 25.6 - - 32.3 25.6 Community Development 27.1 33.5 - - 27.1 33.5 Economic Development 4.2 3.2 - - 4.2 3.2
Library 9.5 8.8 - - 9.5 8.8
Interest on long term debt 2.6 2.8 - - 2.6 2.8
Airport - - 3.2 3.4 3.2 3.4
Water - - 20.6 19.5 20.6 19.5
Sewer - - 27.4 27.1 27.4 27.1
Stormwater - - 5.7 7.5 5.7 7.5
Total expenses 172.7 163.5 56.9 57.5 229.6 221.0 Increase (Decrease) in Net Position
before transfers 50.5 18.9 19.7 10.7 70.2 29.6 Transfers, net (7.4) (3.5) 7.4 3.5 - -
Changes in net position 43.1 15.4 27.1 14.2 70.2 29.6 Net position - Beginning as restated 440.8 426.7 282.1 268.2 722.9 694.9 Net position - Ending 483.9$ 442.0$ 309.2$ 282.3$ 793.1$ 724.3$ * The prior year's amounts were not restated for GASB Statement 101, compensated absences 1 Numbers might not tie to financial statements due to rounding Changes in Net Position (in Millions)1
Governmental Activities* Business-Type Activities* Total Governmental Activities
The Statement of Activities presents program revenues and expenses, and general revenues in detail. The City’s governmental activities Net Position was $483.9 million on June 30, 2025, an increase of $41.9 million over the 2024 balance of $442.0 million.

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11 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
Total revenues from governmental activities were $223.2 million of which taxes at $124.3 million comprise the largest component at 55.7% of total revenues. As shown in table on the previous page, $70.4 million, or 31.5%, of the City’s Governmental Activities revenue in FY 2024-25 came from program revenues out of which charges for services accounted for 15.7% of total governmental revenues while Operating and Capital Grants made up 15.8% of the total governmental revenues.

Program revenues for governmental activities increased by $31.9 million during the year due to an increase of $13.1 million for grants and contributions and increase of $18.8 million in charges for services. General revenues experienced an increase of $8.9 million in FY 2024-25 primarily due to an increase of $6.9 million in investment income, and $0.5 million increase in taxes. The Fund Financial Statements Analysis includes additional details You can find additional details under the Fund Financial Statements Analysis.

The sources of the revenues shown previously are portrayed in the chart below by percentage for the Governmental Activities. The City’s reliance upon tax revenues is evident from the sources of revenue chart, indicating that more than half of the City’s total governmental activities revenue comes from general tax revenues. This is consistent with the nature and purpose of governmental funds, particularly in the General Fund, where programs are largely supported by general taxes.

Citywide Governmental Activities
Total expenses, including capital projects, were $172.7 million in FY 2024-25, an increase of $9.2 million from FY 2023-24. The largest increases were in Public Works by $6.7 million Police by $4.7 million, and General Government by $2.9 million.

The Functional Expenses chart above shows Police and Fire accounted for 43.1% of total governmental expenses while Community Development accounted for 15.6%, Public Works 18.7% and other governmental programs 22.6%.

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12 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
As shown in the graph below, during FY 2024-25, the cost of all activities exceeded the revenue generated by those programs. This is to be expected as other general sources of revenues such as property taxes, sales taxes, other taxes, and investment income are used to subsidize the gap between program expenditures and program revenues.

The only exception was Community Development, as they collected various impact fees due to the amount of development occurring in the City during the year.

Business-type Activities
For the City’s business-type activities, the results for FY 2024-25 were positive in that the overall net position increased to reach an ending balance of $309.2 million. The total increase in net position for business-type activities was $26.9 million or 9.5% from the FY 2023-24 net position. Overall business type program revenues increased by $5.9 million from $62.3 million in FY 2023-24 to $68.2 million in FY 2024-25. The increase was mostly due to an increase of $6.9 million in capital grants and contribution and decrease of $0.7 million and $0.3 million in charges for services and operating contributions and grants.

Program expenses decreased by $0.7 million to a total of $56.8 million in the current year. The overall decrease is due to decreased capital expenditures mostly offset by increased personnel and contractual services costs.

Analysis of the Fund Statements
The table below summarizes the activities and balances of governmental funds. As of June 30, 2025, the City’s governmental funds reported combined fund balances of $291.6 million, an increase of $16.2 million from the prior year ending fund balance of $275.4 million. Approximately 7.7% of this amount ($6.7 million) is available to spend at the government’s discretion (unassigned fund balance). See Note 10 for detailed classifications of the City’s governmental fund balances.

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13 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
During FY 2024-25, the City experienced an overall increase of $37.3 million in revenues for the governmental funds primarily due to increases in interest income, property tax, and charges for services.

Governmental Funds 2025 2024
Total assets 326.6$ 307.0$
Total liabilities 26.3 24.8
Total deferred inflows 8.7 6.8
Total fund balances 291.6 275.4
Total revenues 221.2 183.9
Total expenditures 186.5 169.2
Total other financing sources (uses) (18.5) (7.5)
Financial Highlights at Fund Level at June 30
(in Millions)
The following are contributing factors affecting the revenues in FY 2024-25:
• Property tax revenues grew by almost $2.7 million in FY 2024-25 from assessed valuation growth. • Overall sales tax revenues decreased by approximately $0.4 million compared to FY 2023-24 as inflation and rising interest rates slowed large purchases.
• Use of money and property increased by $3.3 million as interest rates rose throughout the year and the year- end market value adjustment loss narrowed in the current year. • Intergovernmental revenue increased by $16.3 million due to receiving grants to purchase open space and fund certain capital projects. Note $11.4 million Vehicle License Fee (VLF) revenue was reclassified to Property tax.
• Licenses and permit revenue increased by $4.4 million due to multiple development projects occurring throughout the City.
• Charges for services revenue increased $6.9 million related to collections of impact fees and in-lieu fees.

In FY 2024-25, expenditures for governmental funds totaled $186.5 million, an increase of $17.3 million (or 10.2%) from the FY 2023-24 total of $169.2 million. The largest contributor to the change was an increase of $5.8 million in capital projects and an increase of $7.9 million in public works. The rest of the increases were due to increased police department, economic development, and general government expenditures with increases of $4.5 million, $1 million and $2.4 million, respectively. The fire department expenses increased by $0.6 million.

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Management’s Discussion and Analysis
June 30, 2025
Analysis of Major Governmental Funds
General Fund
The General Fund is the chief operating fund of the City of Livermore. At the end of FY 2024-25, the total fund balance of the General Fund was $87.04 million, out of which $6.7 million was remaining unassigned.

As a measure of the General Fund liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total General Fund expenditures and transfers-out. The remaining unassigned fund balance of $6.7 million represents approximately 4.1% of total General Fund expenditures and transfers out, while the total fund balance of $87.04 million represents approximately 53.5% of the same amount.

The non-spendable fund balance of $5.3 million represents amounts set aside for specific items and therefore, are unavailable. The Restricted Fund Balance of $6.8 million represents the balance in the City’s Pension 115 Trust. The Committed Fund Balance of $17.4 million represents Financial Stabilization Operating Reserve which can only be used in a catastrophic event, major emergency, or in periods of severe fiscal crisis. The Assigned General Fund Balance of $31.0 million represents CIP Reserves, and the capital improvement program. The Unassigned Reserve in this report shows a balance of $26.6 million. It includes the Economic Uncertainty Reserve of $19.9 million, which will be used during times of protracted recessionary periods. The Remaining Unassigned amount of $6.7 million can be used to allocate to other priorities for the City, but $2.2 million will be used to help meet the 30% Operating Reserve requirement in FY 2025-26, $2.4 million is being used in the FY 2025-27 budget, and $0.9 million is for investments held at market value. This leaves the balance available of the Unassigned Reserve at $1.2 million. See Note 10 for further information.

Fund Balance Categories- General Fund
Local taxes, including property tax, sales taxes, transient occupancy tax, and business license taxes are the primary revenue source for the General Fund, constituting 79.1% of revenues in FY 2024-25. These revenue sources are highly susceptible to economic fluctuations.

EXHIBIT A
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15 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
The General Fund revenues were $157.2 million in FY 2024-25, an $11.7 million increase from FY 2023-24 amount of $145.5 million. As discussed in detail under “The City’s Fund Financial Statements”, increase mainly came from property tax ($2.72 million), use of money and property ($2.41 million), licenses and permits ($4.38 million) and other taxes ($2.97 million). Decreases mainly came from charges for current services ($3.15 million) from the prior year.
2025 2024
Revenues
Property taxes and special assessments 60.42$ 57.70$ Sales Taxes 39.12 39.60
Other taxes 24.77 21.80
Licenses and permits 7.78 3.40
Intergovernmental 4.31 2.40
Contributions from outside sources - 0.10
Fines and forfeitures 0.48 0.30
Charges for current services 6.25 9.40
Use of money and property 12.81 10.40
Miscellaneous 1.26 0.60 0.0
Total Revenues 157.20 145.50
Expenditures
Current:

General Government: 18.45 16.00
City Council 0.22 0.19
City Manager 5.30 2.52
City Attorney 2.66 1.91
Administrative Services 7.39 7.84
General Services 2.87 3.37
Fire 28.62 28.00
Police 48.03 43.50
Public Works 9.28 8.70
Community Development 19.70 16.80
Economic Development 3.72 2.70
Library 7.58 6.80
Capital Outlay 0.82 0.30
Debt service:

Principal 0.79 -
Interest and fiscal charges 0.02 - -
Total Expenditures 137.01 122.90
Excess (Deficiency) of Revenues over Expenditures 20.19 22.70 Other Financing Sources (Uses)
Transfers in 0.53 0.70
Transfers (out) (25.72) (14.50)
Total Other Financing Sources (Uses) (25.19) (13.80)
Net Change in Fund Balances (5.00) 8.10
Fund Balances- Beginning, as restated 92.10 83.90
Fund Balances- Ending 87.10 92.10
General Fund
Statement of Revenues, Expenditures And Changes In Fund Balances (in Millions)

EXHIBIT A
182
16 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
The next table shows the original budget, final amended budget, and the actual results for FY 2024-25. The original budget was amended to reflect the change in economic expectations between the adoption of the original and final budget. The variances computed are between the final budget and actual results.

Actual General Fund property tax revenues were slightly less than budget. Use of money and property was $5.5 million over budget, that was due to the increased interest rates on investments and the improvement of the unrealized market value adjustment of nearly $5.0 million that is not budgeted. Sales tax came in under budget by $3.5 million as increased interest rates slowed consumer spending.

Total expenditures and transfers out were under budget by $7.6 million. Expenditures for few departments were under budget for FY 2024-25 primarily due to vacant positions. Fire department, Economic Development, debt service and transfers-out were collectively over budget by $1.0 million. The remaining were collectively under budget by $8.6 million including capital projects under budget by $2.8 million followed by general government under budget by $2.3 million and Community Development under budget by $1.6 million.

Original Budget Final Budget Actual
Variance Final
Budget to Actual
Positive/
(Negative)
Variance
Final
Budget to
Actual (%)
Revenues and transfers in:

Property taxes $60.6 $60.6 $60.4 -$0.2 -0.25%
Sales taxes 42.6 42.6 39.1 -3.5 -8.16%
Other taxes 24.1 24.1 24.8 0.7 2.96%
Licenses and permits 4.3 4.3 7.8 3.5 82.71%
Intergovernmental 3.8 3.8 4.3 0.5 12.33%
Contributions from outside sources 0.0 0.0 0.0 0.0 0.00% Fines and forfeitures 0.4 0.4 0.5 0.1 24.82%
Charges for current services 4.2 5.0 6.3 1.3 25.69%
Use of money and property 6.1 7.3 12.8 5.5 75.82%
Miscellaneous 0.8 0.8 1.3 0.4 50.17%
Total revenues 147.0 148.8 157.2 8.4 5.6%
Transfers in 1.6 0.9 0.5 -0.4 -41.90%
Total revenues and transfers in $148.5 $149.7 $157.7 $8.0 5.36% Expenditures and transfers out:

General Government: $21.5 $20.7 $18.5 $2.3 11.0%
Fire 27.8 28.5 28.6 -0.1 -0.4%
Police 46.5 48.8 48.0 0.8 1.6%
Public Works 9.8 10.4 9.3 1.1 10.8%
Community Development 20.8 21.3 19.7 1.6 7.7%
Economic Development 3.0 3.7 3.7 -0.1 -1.7%
Library 7.2 7.6 7.6 0.0 -0.2%
Capital projects 7.5 3.6 0.8 2.8 77.1%
Debt service 0.1 0.1 0.8 -0.7 0.0%
Total expenditures 144.2 144.7 137.0 7.7 5.3%
Transfers out 17.2 25.6 25.7 -0.1 -0.5%
Total expenditures and transfers out $161.4 $170.3 $162.7 $7.6 4.46% General Fund Budgetary and Actual Variance Analysis
(in Millions)

EXHIBIT A
183

17 City of Livermore
Management’s Discussion and Analysis
June 30, 2025

Low Income Housing Fund

This fund is established to account for the receipt and disbursement of in-lieu low-income housing impact fees collected from developers and used to finance affordable housing developed offsite. FY 2024-25 revenues decreased by $4.7 million mostly from reduced housing fees collected in the year, while expenditures decreased by $0.2 million due to less new housing loans activity.

Analysis of Major Enterprise Funds

Airport Fund

The Livermore Municipal Airport is a General Aviation Reliever Airport, which serves private, business and corporate tenants and customers. Airport revenues are primarily comprised of short and medium-term hangar and tie-down space rents as well as Fixed Base Operator (FBO) and approved non-aeronautical ground rents. The Airport leases 393 hangar units and has 134 aircraft tie-down spaces. Approximately 465 aircraft are currently based at the Airport and all hangar units are occupied.

Operating revenue of $3.9 million was $0.2 million higher in FY 2024-25 due to increased charges for services.

Operating expenses increased by $0.16 million due to higher cost of sales, salaries, and benefits.

Net nonoperating revenues decreased by $0.085 million due to increases in investment income of $0.27M, offset by a decrease in federal grant funding of $0.15M, and rental of City owned property $0.21M revenues. The federal grant revenue is composed of Covid CARES Act funding.

Stormwater Fund

The Stormwater Enterprise is responsible for costs associated with the implementation of the City’s stormwater management and discharge control program along with the operation and periodic replacement of the stormwater conveyance system. Operating revenues of $1.2 million remained flat while operating expenses decreased by $1.42 million. The main driver behind the operating expenses decrease was cost of sales, salaries and benefits, which was $1.97 million lower than FY 2023-24.

Transfers in, composed of a transfer from the General Fund and CIP reserve, rose by $3.88 million from $3.47 million to $7.35 million.

EXHIBIT A
184
18 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
Sewer Fund
The Sewer Enterprise is responsible for the operation, maintenance, and periodic replacement of the City’s sewer, collection system, wastewater treatment, and recycled water production systems. It operates and maintains the Livermore Water Reclamation Plant, which provides wastewater treatment and disposal, and produces recycled water for landscape irrigation and other uses. The Plant currently treats approximately 5.6 million gallons of wastewater each day from throughout the Livermore area.

The Sewer Fund’s net operating income was $3.2 million in FY 2024-25 compared to $4.7 million in FY 2023-24.

Operating revenues were $1.8 million higher in FY 2024-25, primarily due to an increase in sewer rates. Revenue is expected to continue to increase as the City Council approved a comparable rate increase for the next fiscal year.

Operating expenses of $29.6 million experienced a 12.5% increase from $26.3 million in FY 2023-24 due to increases in cost of sales, salaries and benefits, and contracted services. The contracted services expense increase of $2.7 million was due to a one-time payment to LAVWMA for the replacement of a pipeline segment.

Nonoperating revenues (expenses) decreased by $3.1 million due to year end market value adjustment of the City’s investments ($1.3 increase) and change in value in the JPA-LAVWMA investment ($4.4 million decrease). LAVWMA is a joint venture that operates the export pipeline connecting with the East Bay Discharges Authority’s systems and discharges treated wastewater into San Francisco Bay.

Water Fund
The Water Enterprise purchases potable water from water wholesaler Zone 7 Water Agency and then distributes the water to customers in the Livermore Municipal Water service area. The City’s municipal water service area has a combined residential and commercial customer base of approximately 10,700 water accounts. Each water bill consists of a flat rate City meter service charge based on the size of meter that is located at the property (fixed charge), a City consumption charge for water used at the property (variable charge), and pass-through of wholesale water charges.

Water operating revenue increased by 9.2% from $18.4 million to $20.1 million. The combined annual Livermore Municipal Water and Zone 7 rate increase was approximately 3%.

Operating expenses were $3.4 million higher compared to FY 2023-24, primarily due to increases in the purchase of water from Zone 7 of $1.0 million and increased repair and maintenance costs of $1.7 million. Net nonoperating revenues (expenses) increased by $0.9 million due to increased investment income.

EXHIBIT A
185
19 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
Capital Assets
GASB 34 requires the City to record all its capital assets including infrastructure. Infrastructure includes roads, bridges, signals, and similar assets used by everyone. The City depreciates all its capital assets over their estimated useful lives, as required by GASB 34. The purpose of depreciation is to spread the cost of a capital asset over the years of its useful life so that an allocable portion of the cost of the asset is borne by all users.

The City’s investment in capital assets for its governmental and business-type activities as of June 30, 2025, equals $581.8 million (net of accumulated depreciation). This investment in capital assets includes land, buildings, machinery, equipment, vehicles, roads, highways, and the water reclamation plant. At the end of FY 2024-25 and FY 2023-24, the cost of capital assets recorded on the City’s financial statements is shown in the following table. 2025 2024 2025 2024 2025 2024
Land and Land Improvements 50.8$ 43.8$ 14.0$ 14.0$ 64.8$ 57.8$ Intangible Assets 4.5 4.5 - - 4.5 4.5
Construction in progress 65.5 61.4 41.4 27.6 106.9 89.0 Buildings 158.8 154.0 23.0 23.0 181.8 177.0 Equipment and vehicles 41.4 38.0 13.8 13.9 55.2 51.9
Infrastructure 403.1 392.0 - - 403.1 392.0 Airport Infrastructure - - 12.0 12.0 12.0 12.0
Water Infrastructure - - 60.8 60.8 60.8 60.8
Sewer Infrastructure - - 143.5 143.3 143.5 143.3 Stormwater Infrastructure - - 112.7 112.6 112.7 112.6 Right-to-use subscription IT assets 4.0 4.0 0.4 0.4 4.4 4.4 Less accumulated depreciation and
amortization (311.7) (297.0) (256.2) (248.3) (567.9) (545.3) Totals 416.4$ 400.7$ 165.4$ 159.3$ 581.8$ 560.0$ Capital Assets at Year-end
(in Millions)
Governmental actitivies Business-type activities Total
The total capital assets for FY 2024-25 increased by approximately $21.8 million (or 3.9%) due to increased expenditures in the current year. Major capital asset expenditures during FY 2024-25 included the following:
• Project DR586003 L Street Garage had total costs of $13.7 million in FY 2024-25, with expenses to date of $38.1 million. This project is continuing into fiscal year 2026, with expected completion in February 2026. • Project WW201931 WRP Primary and Secondary Treatment Improvements had total costs of $6.7 million in fiscal year 2025, with expenses to date of $30.3 million. This project is continuing into FY 2025-26. • Project WW202128 WRP UV Treatment System Replacement had total costs of $4.5 million in FY 2024-25, with expenses to date of $5.4 million. This project is continuing into FY 2025-26. • Project DR202225 Flag Pole Plaza and Downtown Streetscape had total costs of $1.8 million in FY 2024-25 , with expenses to date of $1.9 million. This project is finishing in FY 2025-26, with the ribbon cutting ceremony being held in November 2025.

EXHIBIT A
186
20 City of Livermore
Management’s Discussion and Analysis
June 30, 2025
There were also several major projects that were completed and closed out in FY 2023-24. Some of these completed projects include the following:
• City Hall HVAC & Central Plant Chiller Replacement – total cost $4.0 million • Railroad Avenue Street Improvements – total cost $2.5 million • Montage Trail Connection to Collier Canyon Rd - total cost $0.7 million Additional information on capital assets may be found in Note 7 on pages 53-57 of this report.

Debt Administration
Each of the City’s debt issues is discussed in detail in Note 8 to the financial statements. As of June 30, 2025, and 2024, the City’s debt comprised the following:
2025 2024 2025 2024 2025 2024
Certificates of Participation 75.7$ 80.1$ 5.7$ 6.2$ 81.4$ 86.3$ Notes payable 0.3 0.4 - - 0.3 0.4
Financed purchase 3.6 4.5 0.1 0.2 3.7 4.7
Totals 79.6$ 85.0$ 5.8$ 6.4$ 85.4$ 91.4$ Outstanding Debt
(in Millions)
Governmental actitivies Business-type activities Total
The outstanding debt in the current fiscal year decreased by $5.4 million for governmental activities and decreased by $0.6 million for business type activities. The $6 million total decrease in debt is due to continued payments and amortization of premiums on the 2020 and 2022 COPS, as well as other debt payments. Refer to note 8 for further information.

Economic Factors and Next Year’s Budget
The economic factors affecting the City and its long-term financial plan are discussed in detail in the accompanying Transmittal Letter.

The total appropriation for FY 2025-26 is $317.4 million for all City activities, including allocations to fund balance reserves. The FY 2025-26 budget continues to provide resources for the City’s long-term obligations, including fleet and information technology replacement needs, capital improvements, and other post-employment benefits.

Property tax revenue in FY 2025-26 is projected to be $64.1 million, an increase of 5.8%, or $3.5 million, compared to current year’s budgeted revenue as property values are expected to continue to rise because of additional development and increased property value. Sales tax is projected to be $41.1 million in FY 2025-26, a decrease of

3.5%, or $1.5 million compared to FY 2024-25 budgeted revenue. The City will evaluate the local economic conditions as well as the City’s portfolio of the sales tax producers, and revise the sales tax forecast in the next budget cycle, as appropriate. Use of money and property is projected to be $8.5 million, an increase of 16.4%, or $1.2 million compared to FY 2024-25’s budgeted revenue as interest rates rose causing increases to investment income. Other revenues have also been projected slightly upwards to reflect anticipated increase in demand for services.

EXHIBIT A
187

21 City of Livermore
Management’s Discussion and Analysis
June 30, 2025

The General Fund budget for FY 2025-26 provides $158.4 million in resources, and $158.4 million in uses, including $2.2 million for the Capital Improvement Plan (CIP). The FY 2025-26 budget includes a General Fund budget surplus of $0.01 million.

The General Fund’s FY 2025-26 operating expenditures are projected to grow by $3.6 million to $144.7 million from FY 2024-25 budgeted expenditures of $141.1 million primarily related to increases in employment-related costs.

The fund balance for the General Fund at the end of FY 2024-25 is $87.0 million with $44.3 million in reserves and $1.2 million in spendable fund balance available for appropriations, excluding capital reserves.

Requests for Information

The Annual Comprehensive Financial Report is intended to provide a general overview of the City’s finances for readers of the financial statements. Questions concerning any of the information in this report or requests for additional financial information should be addressed to the Administrative Services Director, 1052 South Livermore Avenue, Livermore, CA 94550-4899.

EXHIBIT A
188

22 City of Livermore
June 30, 2025

Statement of Net Position and Activities

The Statement of Net Position and the Statement of Activities summarize the entire City’s financial activities and financial position. They are prepared on the same basis as is used by most businesses, which means they include all the City’s assets, deferred outflows, liabilities, and deferred inflows as well as all its revenues and expenses. This is known as the full accrual basis—the effect of all the City’s transactions is considered, regardless of whether or when cash changes hands, but all material internal transactions between City funds have been eliminated.

The Statement of Net Position reports the City’s total assets, liabilities, and deferred inflows of resources, deferred outflows of resources and includes all the City’s capital assets and all its long-term obligations. The Statement of Net Position presents similar information in a way that focuses the reader on the composition of the City’s Net Position, by subtracting total liabilities and deferred inflows of resources from total assets and deferred outflows of resources.

The Statement of Net Position summarizes the financial position of the entire City’s Governmental Activities in a single column and the financial position of the entire City’s Business-Type Activities in a single column. These columns are followed by a Total column that presents the financial position of the entire City.

The City’s Governmental Activities include the activities of its General Fund, along with all its Special Revenue, Capital Projects, and Debt Service Funds. Since the City’s Internal Service Funds service these Funds, their activities are consolidated with Governmental Activities, after eliminating inter-fund transactions and balances. The City’s Business- Type Activities include all its Enterprise Fund activities and a portion of the Internal Services Funds.

The Statement of Activities reports increases and decreases in the City’s Net Position. It is also prepared on the full accrual basis, which means it includes all the City’s revenues and all its expenses, regardless of when cash changes hands. This differs from the “modified accrual” basis used in the governmental Fund financial statements, which reflect only current assets, current liabilities, measurable and available revenues, and expenditures.

The format of the Statement of Activities presents the City’s expenses first, listed by program, and follows these with the expenses of its business-type activities. Program revenues—that is, revenues which are generated directly by these programs—are then deducted from program expenses to arrive at the net expense of each governmental and business-type program. The City’s general revenues are then listed in the Governmental Activities or Business-type Activities column, as appropriate, and the Change in Net Position is computed and reconciled with the Statement of Net Position.

Both these Statements include the financial activities of the City as well as the Livermore Capital Projects Financing Authority, which is a legally separate but is a component unit of the City because it is controlled by the City, which is financially accountable for its activities.

These financial statements along with the fund financial statements and notes are called Basic Financial Statements.

EXHIBIT A
189
See Notes to Financial Statements
23 City of Livermore
Statement of Net Position
June 30, 2025
Governmental Business-Type
Activities Activities Total
ASSETS
Cash and investments in City Treasury (Note 3) 265,387,387$ 145,387,481$ 410,774,868$ Cash and investments with Trustees (Note 3) 17,403,289 - 17,403,289 Accounts receivables, net 14,163,710 6,299,148 20,462,858 Interest receivable 10,912,763 31,648 10,944,411 Lease receivables 429,408 11,093,540 11,522,948 Inventory 528,821 - 528,821
Internal balances (Note 4) (2,240,339) 2,240,339 - Prepaids, deposits and supplies 238,650 45,393 284,043
Notes receivable (Note 5) 42,859,080 - 42,859,080 Investment (Deficit) in JPA Equity (Note 14) (40,976,748) 25,813,755 (15,162,993) Land held for redevelopment (Note 1) 4,105,802 - 4,105,802 Land, easements and construction in progress (Note 7) 120,860,803 55,401,026 176,261,829 Capital assets, net of accumulated depreciation (Note 7) 294,058,380 109,852,329 403,910,709 Right-to-use subscription IT assets,
net of accumulated amortization (Note 7) 1,498,987 278,712 1,777,699 Total Assets 729,229,993 356,443,371 1,085,673,364

DEFERRED OUTFLOWS OF RESOURCES
Related to pension (Notes 11) 33,713,187 4,158,250 37,871,437 Related to OPEB (Notes 12) 4,508,181 721,668 5,229,849 Total Deferred Outflows of Resources 38,221,368 4,879,918 43,101,286

LIABILITIES
Accounts payable and other accruals 15,858,541 9,088,889 24,947,430 Accrued payroll 17,662 - 17,662
Interest payable 802,112 51,467 853,579
Deposit payable and unearned revenue 7,936,511 334,693 8,271,204 Non-current liabilities:

Due within one year:

Claims payable (Note 15) 2,936,113 - 2,936,113 Accrued compensated absences (Note 8) 1,805,052 276,374 2,081,426 Long-term debt (Note 8) 6,421,147 641,672 7,062,819 Due in more than one year:

Claims payable (Note 14B) 6,796,528 - 6,796,528 Accrued compensated absences (Note 8) 3,884,938 505,937 4,390,875 Long-term debt (Note 8) 74,439,242 5,445,096 79,884,338 Net pension liability (Note 11) 136,386,780 21,369,308 157,756,088 Net OPEB liabilities (Note 12) 22,840,168 3,656,246 26,496,414 Total Liabilities 280,124,794 41,369,682 321,494,476

DEFERRED INFLOWS OF RESOURCES
Related to pension (Notes 11) 1,036,412 - 1,036,412 Related to OPEB (Notes 12) 2,044,777 327,327 2,372,104 Related to leases (Notes 6) 385,821 10,376,231 10,762,052 Total Deferred Inflows of Resources 3,467,010 10,703,558 14,170,568 NET POSITION (Note 10)
Net investment in capital assets 342,766,861 159,445,299 502,212,160 Restricted:

Capital improvement programs 69,239,246 - 69,239,246 Landscape and Maintenance 15,935,827 - 15,935,827 Affordable Housing 63,081,699 - 63,081,699
Park fee 11,833,166 - 11,833,166
Art programs 9,198,364 - 9,198,364
Grant programs 12,219,479 - 12,219,479
Gas tax and other transportation programs 27,375,273 - 27,375,273 Community services 3,975,624 - 3,975,624
Unrestricted (71,765,982) 149,804,750 78,038,768 Total Net Position 483,859,557$ 309,250,049$ 793,109,606$

STATEMENT OF NET POSITION
JUNE 30, 2025

EXHIBIT A
190
See Notes to Financial Statements 24
City of Livermore
Statement of Activities
Year Ended June 30, 2025
Net (Expense) Revenue and
Program Revenues Changes in Net Position
Operating Capital
Charges for Grants and Grants and Governmental Business-type Functions/Programs Expenses Services Contributions Contributions Activities Activities Total Governmental Activities:

General Government 22,450,983$ 205,543$ 522,873$ -$ (21,722,567)$ -$ (21,722,567)$ Fire 28,525,529 3,485,865 - - (25,039,664) - (25,039,664) Police 45,986,717 1,736,576 257,175 - (43,992,966) - (43,992,966) Public Works 32,286,455 6,124,547 5,097,026 - (21,064,882) - (21,064,882) 27,116,240 23,101,382 24,103,452 5,252,187 25,340,781 - 25,340,781 4,245,452 345,821 - - (3,899,631) - (3,899,631) Library 9,485,486 85,196 - - (9,400,290) - (9,400,290) Interest on long term debt 2,575,691 - - - (2,575,691) - (2,575,691) Total Governmental Activities 172,672,553 35,084,930 29,980,526 5,252,187 (102,354,910) - (102,354,910) Business-type Activities:

Airport 3,205,408 3,904,909 435,320 - - 1,134,821 1,134,821 Water 20,575,246 20,096,890 34,015 1,634,632 - 1,190,291 1,190,291 Sewer 27,389,268 33,291,598 750 5,868,851 - 11,771,931 11,771,931 Stormwater 5,585,156 1,159,080 - 1,679,034 - (2,747,042) (2,747,042) Total Business-type Activities 56,755,078 58,452,477 470,085 9,182,517 - 11,350,001 11,350,001 Total primary government 229,427,631$ 93,537,407$ 30,450,611$ 14,434,704$ (102,354,910) 11,350,001 (91,004,909) General revenues:

Property taxes 60,419,621 - 60,419,621
Sales taxes 39,115,790 - 39,115,790
Business license taxes 10,156,311 - 10,156,311 Transient occupancy, franchise and other taxes 14,609,369 - 14,609,369 Intergovernmental, unrestricted 4,306,137 - 4,306,137
Investment income 18,427,802 8,423,453 26,851,255 Miscellaneous 5,781,917 - 5,781,917
Transfers, net (Notes 4 & 5) (7,363,576) 7,363,576 - Total general revenues and transfers 145,453,371 15,787,029 161,240,400 Change in Net Position 43,098,461 27,137,030 70,235,491 Net Position-Beginning, as previously reported 442,086,383 282,328,064 724,414,447 Adjustments (Note 19) (1,325,287) (215,045) (1,540,332) Net Position-Beginning, as restated 440,761,096 282,113,019 722,874,115 Net Position-Ending 483,859,557$ 309,250,049$ 793,109,606$

STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED JUNE 30, 2025
Community Development
Economic Development

EXHIBIT A
191
25 City of Livermore
Government Fund Statements
June 30, 2025
Fund Financial Statements
Only individual major funds are presented in the Fund Financial Statements, while non-major funds are combined in a single column. Major funds are defined generally as having significant activities or balances in the current year.

The City has identified the funds below as major governmental funds:

General Fund
The General Fund is used for all the general revenues of the City not specifically levied or collected for other City funds and related expenditures.

Low Income Housing Special Revenue Fund
Established to account for the receipt and disbursement of in-lieu low-income housing impact fees collected from developers.

EXHIBIT A
192
See Notes to Financial Statements 26
City of Livermore
Balance Sheet – Governmental Funds
June 30, 2025
Low Income Other Total
Housing Special Governmental Governmental
General Fund Revenue Fund Funds Funds
ASSETS
Cash and investments in City Treasury (Note 3) 71,366,661$ 8,378,398$ 153,587,377$ 233,332,436$ Cash and investments with Trustees (Note 3) 6,758,239 - 10,645,050 17,403,289 Accounts receivables, net 13,050,129 43,620 915,228 14,008,977 Lease receivables 429,408 - - 429,408
Interest receivable 2,611,867 4,739,736 3,561,160 10,912,763 Advances to other funds (Note 4) 3,517,069 - - 3,517,069 Prepaids and deposits 8,000 3,000 - 11,000
Notes receivable (Note 5) - 33,724,300 9,134,780 42,859,080 Land held for redevelopment (Note 1) 1,704,483 2,401,319 - 4,105,802 Total Assets 99,445,856$ 49,290,373$ 177,843,595$ 326,579,824$

LIABILITIES
Accounts payable and other accrued liabilities 8,228,620$ 136,878$ 6,452,009$ 14,817,507$ Accrued payroll and benefits 17,662 - - 17,662
Deposit payable 787,658 7,537 2,140,536 2,935,731 Advance from other funds (Note 4) - - 3,517,069 3,517,069 Unearned rents and revenue 2,982,519 - 2,018,261 5,000,780 Total Liabilities 12,016,459 144,415 14,127,875 26,288,749

DEFERRED INFLOWS OF RESOURCES
Unavailable revenue - 4,739,736 3,561,160 8,300,896 Deferred inflows of resources - leases 385,821 - - 385,821 Total deferred inflows of resources 385,821 4,739,736 3,561,160 8,686,717 FUND BALANCES (Note 10)
Nonspendable 5,273,139 3,000 - 5,276,139
Restricted 6,758,239 44,403,222 160,154,560 211,316,021 Committed 17,364,162 - - 17,364,162
Assigned 31,037,869 - - 31,037,869
Unassigned 26,610,167 - - 26,610,167
Total fund balances 87,043,576 44,406,222 160,154,560 291,604,358 Total Liabilities, deferred inflows of resources,
and fund balances 99,445,856$ 49,290,373$ 177,843,595$ 326,579,824$

GOVERNMENTAL FUNDS

BALANCE SHEET
June 30, 2025

EXHIBIT A
193
See Notes to Financial Statements 27
City of Livermore
Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position Year Ended June 30, 2025
Amounts reported for governmental activities in the statement of net position are different because:

Amount reported in the Governmental Balance Sheet as Fund Balance 291,604,358$

CAPITAL ASSETS
Capital assets used in Governmental Activities are not current assets or financial resources and therefore are not reported in the Governmental Funds. 392,860,746 Right-to-use subscription IT assets
Right-to-use subscription IT assets used in governmental activities are not financial resources and therefore are not reported as assets in Governmental Funds. 1,360,188

ALLOCATION OF INTERNAL SERVICE FUND NET POSITION
Internal service funds are not governmental funds. However, they are used by management to charge the costs of certain activities, such as insurance and central services and maintenance, to individual governmental funds. The assets and liabilities of the Internal Service Funds are therefore included in Governmental Activities in the following line items in the Statement of Net Postion.

Cash and investments 32,054,951
Accounts receivable 154,733
Inventory 528,821
Internal balances (2,240,339)
Prepaids, deposits and supplies 227,650
Capital assets 22,197,236
Deferred pension outflows 1,603,059
Deferred outflow of resources related to OPEB 216,541
Accounts payable and other accruals (1,041,034)
Interest payable (1,847)
Claims payable (9,732,641)
Subscription liability (81,183)
Net pension liability (8,238,141)
Net OPEB liabilities (1,097,084)
Long term debt (3,577,039)
Deferred inflow for resources related to OPEB (98,217)

ACCRUAL OF NON-CURRENT REVENUES AND EXPENSES
Revenues which are reported as deferred inflows on the Fund Balance Sheets because they are not available currently are taken into revenue in the Statement of Activities. 8,300,896

LONG-TERM ASSETS AND LIABILITIES
The assets and liabilities below are not due and payable in the current period and therefore are not reported in the Funds:

Investment (Deficit) in JPA Equity (40,976,748)
Compensated absences (5,689,990)
Long-term debt (75,974,687)
Subscription liability (1,227,480)
Interest payable (800,265)
Net OPEB liabilities (21,743,084)
Deferred outflow of resources related to OPEB 4,291,640 Deferred inflow of resources related to OPEB (1,946,560) Net pension liability (128,148,639)
Deferred outflow of resources related to pension 32,110,128 Deferred inflow of resources related to pension (1,036,412) NET POSITION OF GOVERNMENTAL ACTIVITIES 483,859,557$

RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS

TO THE STATEMENT OF NET POSITION
JUNE 30, 2025

EXHIBIT A
194
See Notes to Financial Statements 28
City of Livermore
Statement of Revenues, Expenditures, and Changes in Fund Balances – Governmental Funds Year Ended June 30, 2025
Low Income Other Total
Housing Governmental Governmental
General Fund Fund Funds Funds

REVENUES
Property taxes and special assessments 60,419,621$ -$ 4,808,048$ 65,227,669$ Sales Taxes 39,115,790 - - 39,115,790
Other taxes 24,765,680 - 370,202 25,135,882
Licenses and permits 7,781,680 - - 7,781,680
Intergovernmental 4,306,137 - 25,287,553 29,593,690
Fines and forfeitures 483,035 - - 483,035
Charges for current services 6,250,800 386,505 20,643,762 27,281,067 Use of money and property 12,813,161 598,319 5,016,322 18,427,802 Contributions from outside sources - - 2,734,331 2,734,331 Miscellaneous 1,262,801 175,987 3,993,009 5,431,797 Total Revenues 157,198,705 1,160,811 62,853,227 221,212,743

EXPENDITURES
Current:

General Government:

City Council 223,673 - - 223,673
City Manager 5,302,677 - - 5,302,677
City Attorney 2,660,944 - - 2,660,944
Administrative Services 7,394,345 - - 7,394,345
General Services 2,870,931 - - 2,870,931
Fire 28,618,005 - 5,029 28,623,034
Police 48,030,349 - 1,315,352 49,345,701
Public Works 9,280,768 - 12,087,361 21,368,129
Community Development 19,703,075 1,039,564 1,720,756 22,463,395 Economic Development 3,722,065 - 9,175 3,731,240
Library 7,578,813 - 164,357 7,743,170
Capital Outlay:

Capital projects 822,376 - 26,079,715 26,902,091
Debt service:

Principal 785,260 - 3,872,552 4,657,812
Interest and fiscal charges 18,360 - 3,211,147 3,229,507 Total Expenditures 137,011,641 1,039,564 48,465,444 186,516,649

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 20,187,064 121,247 14,387,783 34,696,094

OTHER FINANCING SOURCES (USES)
Transfers in (Note 4) 526,133 - 7,788,069 8,314,202
Transfers (out) (Note 4) (25,717,365) - (1,054,935) (26,772,300) Total Other Financing Sources (Uses) (25,191,232) - 6,733,134 (18,458,098) Net Change in Fund Balance (5,004,168) 121,247 21,120,917 16,237,996 FUND BALANCES- BEGINNING 92,047,744 44,284,975 139,033,643 275,366,362 FUND BALANCES- ENDING 87,043,576$ 44,406,222$ 160,154,560$ 291,604,358$

GOVERNMENTAL FUNDS

STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2025

EXHIBIT A
195
See Notes to Financial Statements 29
City of Livermore
Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities
Year Ended June 30, 2025
NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS 16,237,996$ Amounts reported for governmental activities in the Statement of Activities are different because of the following:

CAPITAL ASSETS TRANSACTIONS
Governmental Funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is capitalized and allocated over their estimated useful lives and reported as depreciation expense.

The capital outlay asset addition expenditures are therefore added back to fund balance 26,902,091 Loss on sale of property added back to fund balance (2,504) Depreciation expense is deducted from the fund balance
(Depreciation expense is net of internal service fund depreciation of $2,342,654 which has already been allocated to internal service funds.) (13,057,580)

LONG TERM DEBT PROCEEDS AND PAYMENTS
Bond proceeds provide current financial resources to governmental funds, but issuing debt increases long-term liabilities in the Statement of Net Position. Repayment of bond principal is an expenditure in the governmental funds, but in the Statement of Net Position the repayment reduces long-term liabilities.

Premium on issuance recognized 16,632
Repayment of debt principal is added back to fund balance 3,872,552 Payment of principal on Subscription-based IT arrangements 785,260 Amortization of premium on long-term debt 584,174

ACCRUAL OF NON-CURRENT ITEMS
The amounts below included in the Statement of Activities do not provide or (require) the use of current financial resources and therefore are not reported as revenue or expenditures in governmental funds (net change):

Long-term compensated absences 698,402
Interest payable 53,010
Unavailable revenue 1,921,847
Change in equity in JPA 374,675
Governmental funds report City pension and OPEB contributions as expenditures. However in the Statement of Activities, the cost of pension and OPEB benefits earned net of employee contributions is reported as pension expense and OPEB expense.

Deferred outflow of resources related to pension (13,567,241) Deferred inflow of resources related to pension 1,835,124 Change in net pension liability 5,850,651
Deferred outflow of resources related to OPEB (286,766) Deferred inflow of resources related to OPEB 2,254,478
Change in net OPEB liability 2,615,237

ALLOCATION OF INTERNAL SERVICE FUND ACTIVITY
Internal Service Funds are used by management to charge the costs of certain activities, such as equipment acquisition, maintenance, and insurance to individual funds. The portion of the net revenue (expense) of these Internal Service Funds arising out of their transactions with governmental funds is reported with governmental activities, because they service those activities.

Change in Net Position - All Internal Service Funds 10,631,001 Change in Net Position of Internal Service Funds reported with Business-Type Activities (4,620,578) CHANGE IN NET POSITION OF GOVERNMENTAL ACTIVITIES 43,098,461$

RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN

FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2025
Amounts reported for governmental activities in the statement of activities are different because:

EXHIBIT A
196
30 City of Livermore
Proprietary Fund Financial Statements
June 30, 2025
Major Proprietary Funds
Proprietary funds account for City operations financed and operated in a manner similar to a private business enterprise. The intent of the City is that the cost of providing goods and services be financed primarily through user charges.

The City has identified the funds below as major proprietary funds in FY 2024-25.

Airport Fund
Established to account for the operations of the Livermore Municipal Airport.

Stormwater Fund
Established to account for operations of the self-supporting storm water operations and impact fees collected for storm drain infrastructure.

Sewer Fund
Established to account for operations of the self-supporting wastewater disposal plant, the export pipeline, impact fees collected for sewer connections, and urban runoff fees.

Water Fund
Established to account for the operations of the self-supporting municipal water service. Services are rendered on a user charge basis and impact fees are collected for future water storage needs.

Internal Service Funds
Internal service funds, which are used to accumulate and allocate costs internally among the City’s various functions.

The City uses internal service funds to account for its fleet of vehicles, maintenance of buildings, risk management services, and information technology services. The internal service funds are combined into a single, aggregated presentation in the proprietary fund financial statements.

EXHIBIT A
197
See Notes to Financial Statements 31
City of Livermore
Statement of Net Position – Proprietary Funds
June 30, 2025
Governmental
Activities-
Internal Service
Airport Stormwater Sewer Water Totals Funds
ASSETS
Current Assets:

Cash and investments in City Treasury (Note 3) 10,667,637$ 13,377,697$ 81,136,929$ 40,205,218$ 145,387,481$ 32,054,951$ Accounts receivables (net of allowable for uncollectibles) 189,051 2,680,364 853,832 2,575,901 6,299,148 154,733 Lease receivables 10,936,088 - - 157,452 11,093,540 - Interest receivables 31,286 - - 362 31,648 -
Inventory - - - - - 528,821
Prepaids, deposits and supplies - 4,539 31,775 9,079 45,393 227,650 Total current assets 21,824,062 16,062,600 82,022,536 42,948,012 162,857,210 32,966,155 Noncurrent Assets:

Investment in JPA-LAVWMA (Note 14) - - 25,813,755 - 25,813,755 - Land and construction in progress (Note 7) 13,096,469 2,929,024 38,325,729 1,049,804 55,401,026 69,044 Capital assets, net of accumulated depreciation (Note 7) 7,517,492 17,624,045 56,171,973 28,538,819 109,852,329 21,989,393 Right-to-use subscription IT assets,
net of accumulated amortization (Note 7) - 19,908 212,352 46,452 278,712 138,799 Total noncurrent assets 20,613,961 20,572,977 120,523,809 29,635,075 191,345,822 22,197,236 Total assets 42,438,023 36,635,577 202,546,345 72,583,087 354,203,032 55,163,391

DEFERRED OUTFLOWS OF RESOURCES
Related to pension (Note 11) 372,564 312,634 2,480,997 992,055 4,158,250 1,603,059 Related to OPEB (Note 12) 96,278 18,732 477,261 129,397 721,668 216,541 Total deferred outflows of resources 468,842 331,366 2,958,258 1,121,452 4,879,918 1,819,600

LIABILITIES
Current Liabilities:

Accounts payable and other accruals 111,129 897,176 5,635,134 2,445,450 9,088,889 1,041,034 Interest payable 30,374 193 2,057 18,843 51,467 1,847
Accrued compensated absences (Note 8) 37,914 18,612 154,227 65,621 276,374 - Claims payable (Note 15) - - - - - 2,936,113
Deposit payable 241,435 - - 93,258 334,693 -
Long-term debt (Note 8):

Due within one year 267,571 - - 323,772 591,343 989,284 Total current liabilities 688,423 915,981 5,791,418 2,946,944 10,342,766 4,968,278 Noncurrent Liabilities:

Accrued compensated absences (Note 8) 81,132 30,332 276,250 118,223 505,937 - Claims payable (Note 15) - - - - - 6,796,528
Subscription liability - 20,353 217,096 47,490 284,939 81,183 Long-term debt (Note 8): -
Due in more than one year 3,413,593 - - 1,796,893 5,210,486 2,587,755 Net pension liability (Note 11) 1,914,610 1,606,629 12,749,884 5,098,185 21,369,308 8,238,141 Net OPEB liabilities (Note 12) 487,779 94,905 2,417,985 655,577 3,656,246 1,097,084 Total non-current liabilities 5,897,114 1,752,219 15,661,215 7,716,368 31,026,916 18,800,691 Total liabilities 6,585,537 2,668,200 21,452,633 10,663,312 41,369,682 23,768,969

DEFERRED INFLOWS OF RESOURCES
Related to OPEB (Note 12) 43,669 8,496 216,471 58,691 327,327 98,217 Related to leases (Note 6) 10,236,804 - - 139,427 10,376,231 - Total deferred inflows of resources 10,280,473 8,496 216,471 198,118 10,703,558 98,217 NET POSITION (Note 10)
Net investment in capital assets 16,932,797 20,572,977 94,492,958 27,466,920 159,445,299 18,620,197 Unrestricted 9,108,058 13,717,270 89,342,541 35,376,189 147,564,411 14,495,608 Total net position 26,040,855$ 34,290,247$ 183,835,499$ 62,843,109$ 307,009,710$ 33,115,805$ Some amounts reported for business-type activities in the Statement of Net Position are different because certain internal service fund assets and liabilities are included with business-type activities. 2,240,339 Net position business-type activities 309,250,049$

PROPRIETARY FUNDS

STATEMENT OF NET POSITION
June 30, 2025

EXHIBIT A
198
See Notes to Financial Statements 32
City of Livermore
Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Funds Year Ended June 30, 2025
Governmental
Activities-
Internal Service
Airport Stormwater Sewer Water Totals Funds

OPERATING REVENUES
Charges for services 3,398,873$ 1,158,677$ 32,609,661$ -$ 37,167,211$ 22,175,264$ Sales 395,449 - - 20,079,859 20,475,308 - Miscellaneous 110,587 403 149,803 17,031 277,824 144,666 Total Operating Revenues 3,904,909 1,159,080 32,759,464 20,096,890 57,920,343 22,319,930

OPERATING EXPENSES
Cost of sales, salaries and benefits 2,179,155 2,241,754 12,018,248 17,098,904 33,538,061 5,869,720 Contracted services 197,247 612,853 8,054,162 245,368 9,109,630 4,769,327 Insurance premiums 98,834 88,160 770,691 598,611 1,556,296 5,362,530 Materials, supplies and other 92,294 51,828 1,600,526 172,266 1,916,914 1,060,740 Utilities 274,313 7,757 1,475,537 459,874 2,217,481 1,218,975 Depreciation and amortization 332,673 1,826,663 4,154,458 1,718,120 8,031,914 2,342,654 Repairs and maintenance 215,179 1,111,929 1,512,227 2,039,546 4,878,881 2,174,514 Total Operating Expenses 3,389,695 5,940,944 29,585,849 22,332,689 61,249,177 22,798,460 Operating Income (Loss) 515,214 (4,781,864) 3,173,615 (2,235,799) (3,328,834) (478,530)

NONOPERATING REVENUES (EXPENSES)
Investment income 938,299 504,811 4,580,932 2,399,411 8,423,453 - Interest and fiscal charges (expense) (88,145) (642) (6,852) (30,840) (126,479) (109,414) Change of value from investment in JPA - LAVWMA - - 532,134 - 532,134 - Other nonoperating revenues 435,320 - 750 34,015 470,085 - Gain (loss) on disposal of surplus property - - - - - 124,423 Net Nonoperating Revenues (Expenses) 1,285,474 504,169 5,106,964 2,402,586 9,299,193 15,009 Income (Loss) Before Contributed Assets
and Transfers 1,800,688 (4,277,695) 8,280,579 166,787 5,970,359 (463,521) Capital contributions - 1,679,034 5,868,851 1,634,632 9,182,517 - Transfers in (Note 4) 11,884 7,351,692 - - 7,363,576 11,094,522 Change in net position 1,812,572 4,753,031 14,149,430 1,801,419 22,516,452 10,631,001 Total net position -beginning, as previously reported 24,269,484 29,545,374 169,813,099 61,080,345 284,708,302 22,484,804 Adjustments (Note 19) (41,201) (8,158) (127,030) (38,655) (215,044) - Total net position -beginning, as restated 24,228,283 29,537,216 169,686,069 61,041,690 284,493,258 22,484,804 Total net position-ending 26,040,855$ 34,290,247$ 183,835,499$ 62,843,109$ 307,009,710$ 33,115,805$ Some amounts reported for business-type activities in the Statement of Activities are different because the portion of the net income of certain internal service funds is reported with the business-type activities 4,620,578 Net business-type activities reported on the Statement of Activities 27,137,030$

PROPRIETARY FUNDS

STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION FOR THE YEAR ENDED JUNE 30, 2025

EXHIBIT A
199
See Notes to Financial Statements 33
City of Livermore
Statement of Cash Flows – Proprietary Funds
Year Ended June 30, 2025
Business-Type Activities-Enterprise Funds Governmental
Activities-
Internal Service
Airport Stormwater Sewer Water Totals Funds

CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers 4,288,066$ 1,170,465$ 31,812,176$ 19,936,606$ 57,207,313$ 22,362,618$ Payments to suppliers (490,870) (499,183) (11,132,639) (16,547,393) (28,670,085) (10,131,327) Payments to employees (2,409,149) (2,800,683) (12,272,442) (3,190,680) (20,672,954) (5,938,996) Claims paid (98,834) (88,160) (770,691) (598,611) (1,556,296) (5,457,151) Receipts from other sources 545,907 403 682,687 51,046 1,280,043 144,666 Net cash provided by (used for) operating activities 1,835,120 (2,217,158) 8,319,091 (349,032) 7,588,021 979,810

CASH FLOWS FROM NONCAPITAL

FINANCING ACTIVITIES
Cash received from other funds 11,884 7,351,692 400,000 - 7,763,576 11,094,522 Net cash provided by noncapital financing activities 11,884 7,351,692 400,000 - 7,763,576 11,094,522

CASH FLOWS FROM CAPITAL AND RELATED

FINANCING ACTIVITIES
Proceeds from sale of capital assets - - - - - 124,423
Capital contributions - 1,679,034 5,868,851 1,634,632 9,182,517 - Capital asset acquisitions (638,066) (1,833,870) (11,830,466) (552,763) (14,855,165) (3,965,281) Long term debt:

Repayment of principal (258,082) - - (312,527) (570,609) (921,084) Interest paid (89,970) (674) (7,193) (33,572) (131,409) (111,533) Net cash provided by (used for) capital and related -
financing activities (986,118) (155,510) (5,968,808) 735,770 (6,374,666) (4,873,475)

CASH FLOWS FROM INVESTING ACTIVITIES
Investment Income (losses) 938,299 504,811 4,048,798 2,399,411 7,891,319 - Net cash provided by (used for) investing activities 938,299 504,811 4,048,798 2,399,411 7,891,319 - Net increase (decrease) in cash and cash equivalents 1,799,185 5,483,835 6,799,081 2,786,149 16,868,250 7,200,857 Cash and investments at beginning of period 8,868,452 7,893,862 74,337,848 37,419,069 128,519,231 24,854,094 Cash and investments at end of period 10,667,637 13,377,697 81,136,929 40,205,218 145,387,481 32,054,951 Reconciliation of operating income (loss) to net cash
provided by operating activities:

Operating income (loss) 515,214 (4,781,864) 3,173,615 (2,235,799) (3,328,834) (478,530) Adjustments to reconcile operating income (loss) to net cash provided by operating activities:

Depreciation and amortization 332,673 1,826,663 4,154,458 1,718,120 8,031,914 2,342,654 Pension and OPEB Expense (102,546) 111,166 (116,843) 132,679 24,456 277,554 Other nonoperating revenue 435,320 - 532,884 34,015 1,002,219 Change in assets and liabilities:

Accounts receivable 778,848 11,788 117,794 (143,165) 765,265 187,354 Inventories - - - - - (38,878)
Prepaids, deposits and supplies - (4,539) 2,486,978 (9,079) 2,473,360 (90,681) Accounts payable and other accruals (68,278) 653,197 (673,279) 240,344 151,984 (778,212) Accrued payroll (46,332) (35,912) (303,886) (115,719) (501,849) (172,960) Accrued compensated absences (12,838) 5,720 (101,325) 36,667 (71,776) - Subscription liability - (3,377) (36,026) (7,880) (47,283) (173,870) Deposits payable 3,059 - (915,279) 785 (911,435) -
Claims Payable - - - - - (94,621)
Net Cash provided by (Used for) operating activities 1,835,120 (2,217,158) 8,319,091 (349,032) 7,588,021 979,810 Non-cash transactions:
-$ -$ 532,134$ -$ 532,134$ -$
(39,330) - - (46,888) (86,218) -
Investment in LAVWMA JPA equity
Amortization of premium
-

PROPRIETARY FUNDS

STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED JUNE 30, 2025

EXHIBIT A
200
34 City of Livermore
Fiduciary Fund Financial Statements
June 30, 2025
Fiduciary Funds
Fiduciary funds account for assets held by the City acting as an agent for various functions. The City has the following fiduciary funds:

Successor Agency to the Livermore Redevelopment Agency Private Purpose Trust Fund Established for the assets received from the City’s former redevelopment agency in order to liquidate its enforceable obligations, pursuant to Assembly Bill X1 26 which dissolved redevelopment agencies in California.

Custodial Funds
Established to account for assets held by the City in a fiduciary capacity for special assessment districts, Livermore Pleasanton Fire Department, and agency pass through fees.

EXHIBIT A
201
See Notes to Financial Statements 35
City of Livermore
Statement of Fiduciary Net Position – Fiduciary Funds
June 30, 2025
Successor Agency
to the Livermore
Redevelopment
Agency
Private-Purpose Custodial
Trust Fund Funds
ASSETS
Cash and investments in City Treasury (Note 3) 4,184,416$ 22,038,402$ Cash and investments with Trustees (Note 3) 2,308 2,445,992 Accounts receivable - 35,875
Total Assets 4,186,724 24,520,269

LIABILITIES
Accrued liabilities 1,400 9,968,633
Accrued interest 183,945 -
Deposits payable - 3,812,566
Long-term debt (Note 18):

Due within one year 1,722,489 -
Due in more than one year 11,585,301 -
Total Liabilities 13,493,135 13,781,199

NET POSITION
Restricted for other organizations and governments (9,306,411)$ 10,739,070$

FIDUCIARY FUNDS

STATEMENT OF NET POSITION
June 30, 2025

EXHIBIT A
202
See Notes to Financial Statements 36
City of Livermore
Statement of Changes in Net Position – Fiduciary Funds
Year Ended June 30, 2025
Successor Agency
to the
Redevelopment
Agency
Private-Purpose Custodial
Trust Fund Funds

ADDITIONS
Property taxes and special assessment 2,206,069$ -$
Investment income 121,506 -
Charges for services - 57,491,654
Total Additions 2,327,575 57,491,654

DEDUCTIONS
Administrative Fee 51,965 -
Recipient Payments 4,435 55,286,695
Debt service:

Interest and fiscal charges 355,438 -
Total Deductions 411,838 55,286,695
Net Change in Net Position 1,915,737 2,204,959

NET POSITION
Beginning of year (11,222,148) 8,534,111
End of year (9,306,411)$ 10,739,070$

FIDUCIARY FUNDS

STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
FOR THE YEAR ENDED ON JUNE 30, 2025

EXHIBIT A
203
37 City of Livermore
Notes to Financial Statements
June 30, 2025
Note 1 - Significant Accounting Policies
The City of Livermore was incorporated on April 1, 1876. The City operates under the Council-Manager form of government and provides the following services: public safety (police and fire), highways and streets, sewer, water, public improvements, planning and zoning, general administration services and housing services.

The accounting policies of the City conform with generally accepted accounting principles in the United States of America as applicable to governments. The following is a summary of these policies:

Reporting Entity
The accompanying basic financial statements present the financial activity of the City, which is the primary government presented, along with the financial activities of its component units, which are entities for which the City is financially accountable. Although they are separate legal entities, blended component units are in substance part of the City’s operations and are reported as an integral part of the City’s financial statements. The City’s blended component unit is described below.

Component Units Included in the Reporting Entity
The Livermore Capital Projects Financing Authority (LCPFA) provides financing assistance to the City. The Authority is controlled by the City and has the same governing body as the City, which also performs all accounting and administrative functions for the Authority. Separate financial statements are not issued for the LCPFA.

Basis of Presentation
The City’s basic financial statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Governmental Accounting Standards Board is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the United States of America.

These Standards require that the financial statements described below be presented.

Government-wide Statements The Statement of Net Position and the Statement of Activities display information about the primary government (the City) and its component units. These statements include the financial activities of the overall City government, except for fiduciary activities. Eliminations have been made to minimize the double counting of internal activities. These statements distinguish between the governmental and business-type activities of the City. Governmental activities generally are financed through taxes, intergovernmental revenues, and other non-exchange transactions. Business-type activities are financed in whole or in part by fees charged to external parties.

The Statement of Activities presents a comparison between direct expenses and program revenues for each segment of the business-type activities of the City and for each function of the City’s governmental activities.

Direct expenses are those that are specifically associated with a program or function and, therefore, are clearly identifiable to a particular function. Certain indirect costs are included in program expenses reported for individual functions and activities.

EXHIBIT A
204
38 City of Livermore
Notes to Financial Statements
June 30, 2025
Program revenues include (a) charges paid by the recipients of goods or services offered by the programs, (b) grants and contributions that are restricted to meeting the operational needs of a particular program and (c) fees, grants and contributions that are restricted to financing the acquisition or construction of capital assets. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues.

Fund Financial Statements The fund financial statements provide information about the City's funds, including fiduciary funds and blended component units. Separate statements for each fund category—governmental, proprietary, and fiduciary—are presented. The emphasis of fund financial statements is on major individual governmental and enterprise funds, each of which is displayed in a separate column. All remaining governmental and enterprise funds are aggregated and reported as non-major funds.

Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from exchange transactions associated with a proprietary fund’s principal ongoing operations. Exchange transactions are those in which each party receives and gives up essentially equal values. The principal operating revenues of the City’s enterprise funds, and internal service funds are charges to customers for sales and services. Operating expenses for enterprise funds and internal service funds include the cost of sales and services, administrative expenses, and depreciation of capital assets. All revenues and expenses not meeting this definition are reported as non-operating revenues and expenses. Non-operating revenues, such as subsidies and investment earnings, result from non-exchange transactions or ancillary activities.

Major Funds
The City’s major governmental and business-type funds are identified and presented separately in the fund financial statements. All other funds, called non-major funds, are combined, and reported in a single column, regardless of their fund-type.

Major funds are defined as funds that have either assets, liabilities, revenues, or expenditures/expenses equal to ten percent of their fund-type total and five percent of the grand total. The General Fund is always a major fund. The City may also select other funds it believes should be presented as major funds.

The City reported the following major governmental funds in the accompanying financial statements:

General Fund – The general operating fund of the City. It is used to account for all financial resources except those required to be accounted for in another fund.

Low Income Housing Special Revenue Fund – Established to account for the receipt and disbursement of in-lieu low- income housing impact fees collected from developers.

The City reported the following business-type funds as major funds in the accompanying financial statements.

Airport Fund – Established to account for the operations of the Livermore Municipal Airport.

Stormwater Fund – Established to account for operations of the storm water operations and impact fees collected for storm drain infrastructure.

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39 City of Livermore
Notes to Financial Statements
June 30, 2025
Sewer Fund – Established to account for operations of the wastewater disposal plant, the export pipeline, impact fees collected for sewer connections, and urban runoff fees.

Water Fund – Established to account for the operations of the municipal water service. Services are rendered on a user charge basis and impact fees are collected for future water storage needs.

The City also reports the following fund types:

Internal Service Funds – These funds are used to account for the financing of services and supplies provided by one City department to another on a cost-reimbursement basis. The City operates the Liability Insurance Reserve Fund, Workers Compensation Fund, Fleet and Equipment Services Fund, Information Technology Fund, and Facilities Rehabilitation Projects Fund.

Fiduciary Funds – These funds are used to account for assets held by the City as an agent for various functions. The financial activities of these funds are excluded from the City-wide financial statements but are presented in separate Fiduciary Fund financial statements. The City has the following three types of fiduciary funds:

Successor Agency to the Livermore Redevelopment Agency Private Purpose Trust Fund – Established for the assets received from the City’s former redevelopment agency in order to liquidate its enforceable obligations, pursuant to Assembly Bill X1 26 which dissolved redevelopment agencies in California as of January 31, 2012.

Funds received from the county to pay off enforceable obligations are held in this fund.

Custodial Funds – Established to account for assets held by the City in a purely custodial capacity. Custodial funds typically involve only the receipt, temporary investment, and remittance of fiduciary resources to individuals, private organizations, or other governments. Custodial Funds account for activities carried out exclusively for the benefit of that outside of the City but not administered through other fiduciary trusts or equivalent arrangements such as assessments for payments of certain conduit debt and other custodial activities as well as custodial activities related to the Livermore Pleasanton Fire District, JPA.

Basis of Accounting and Measurement Focus
The accounting and financial reporting treatment is determined by the applicable measurement focus and basis of accounting. Measurement focus indicates the type of resources being measured such as current financial resources or economic resources. The basis of accounting indicates the timing of transactions or events for recognition in the financial statements.

The government-wide financial statements are reported using the economic resources measurement focus and the full accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met.

EXHIBIT A
206
40 City of Livermore
Notes to Financial Statements
June 30, 2025
Governmental funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. Measurable means the amount of the transaction can be determined and available means the amount is collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The City’s accrual period is sixty days after year end. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability has incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences, pension and other postemployment benefits liabilities, and claims and judgments, are recorded only when payment is due. Thus, such amounts are not current liabilities as their settlement will not require expenditures of existing fund assets.

Financial resources usually are appropriated in other funds for transfer to a debt service fund in the period in which maturing debt principal and interest must be paid. General capital asset acquisitions are reported as expenditures in governmental funds. Issuance of long-term debt and acquisitions under financed purchases are reported as other financing sources.

Property taxes, sales taxes, franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period.

Entitlements are recorded as revenues when all eligibility requirements are met, including any time requirements, and the amount is received during the period or within the availability period for this revenue source. Expenditure-driven grants are recognized as revenue when the qualifying expenditures have been incurred and all other eligibility requirements have been met, and the amount is received during the period or within the availability period for this revenue source. All other revenue items including fines, license, and permits are considered to be measurable and available only when cash is received by the government.

The proprietary and fiduciary funds are reported using the economic resources measurement focus and accrual basis of accounting.

Cash and Investments
The City pools its available cash for investment purposes. The City’s cash and cash equivalents are considered to be cash on hand, demand deposits, and short-term investments with original maturity of three months or less from date of acquisition. Cash and cash equivalents are combined with investments and displayed as Cash and Investments.

In accordance with GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, highly liquid market investments with maturities of one year or less at time of purchase are stated at amortized cost. All other investments are stated at fair value. The City participates in the Local Agency Investment Fund (LAIF), an investment pool managed by the State of California which invests a portion of the pooled funds in Structured Notes and Asset-backed Securities. LAIF’s investments are subject to credit risk with the full faith and credit of the State of California collateralizing these investments.

In addition, these Structured Notes and Asset-backed Securities are subject to market risk due to change in interest rates. For purposes of the statement of cash flows of the proprietary funds types, cash and cash equivalents include all investments, as the City operates an internal cash management pool which maintains the general characteristics of a demand deposit account.

EXHIBIT A
207
41 City of Livermore
Notes to Financial Statements
June 30, 2025
Restricted Cash and Investments
Restricted cash and investments include amounts held by fiscal agents for the redemption of bonded debt and for acquisition and construction of capital projects, for deposits held for others within the enterprise funds, and for amounts held in an irrevocable trust for pension activities.

Inventories and Prepaid items
Inventories are valued at cost on an average cost basis and consist of expendable supplies, fuel, and vehicle repair parts. The cost of such inventories is recorded as expenditures/expenses when consumed rather than when purchased.

Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both the government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased.

Receivables
During the course of normal operations, the City carries various receivable balances that are shown net of allowances for doubtful accounts for taxes, interest, services, utilities and special assessments.

Notes Receivable
For the purposes of the governmental fund financial statements, expenditures related to long-term notes arising from subsidy programs are charges to operations upon funding and the notes are recorded with an offset to an unavailable revenue account under the deferred inflows of resources section. For the purposes of the government- wide financial statements, long-term loans are not offset by unavailable revenue accounts.

Leases and Subscription Based Information Technology Arrangements (SBITA) The City is a lessor for noncancellable leases of buildings, land and cell towers. The City recognizes a lease receivable and a deferred inflow of resources in the government‐wide and governmental and proprietary fund financial statements.

At the commencement of a lease, the City initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date.

Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term.

Key estimates and judgments include how the City determines (1) the discount rate it uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts. • The City uses its estimated incremental borrowing rate as the discount rate for leases. • The lease term includes the noncancellable period of the lease. Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee.

EXHIBIT A
208

42 City of Livermore
Notes to Financial Statements
June 30, 2025

The City monitors changes in circumstances that would require a remeasurement of its lease, and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable.

The City has several lease and subscription arrangements accounted for under GASB No. 87, Leases and GASB No. 96, Subscriptions Based Information Technology Arrangements. At the commencement of a subscription based information technology arrangement (SBITA) or lease arrangement, the City initially measures the liability at the present value of payments expected to be made during the term. Subsequently, the liability is reduced by the principal portion of payments made. The subscription or leased asset is initially measured as the initial amount of the subscription liability, adjusted for subscription payments made at or before the subscription commencement date, plus certain initial direct costs. Subsequently, the subscription asset is amortized on a straight‐line basis over its useful life. Key estimates and judgments include how the City determines (1) the discount rate it uses to discount the expected payments to present value, (2) subscription term. Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee. The City monitors changes in circumstances that would require a remeasurement of its subscription and will remeasure the lease if certain changes occur that are expected to significantly affect the amount of the subscription.

Subscription and leased assets are reported with other capital assets and liabilities are reported with long-term debt on the statement of net position.

Deferred Outflows of Resources and Deferred Inflows of Resources

In addition to assets, the statement of net position reports a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then.

In addition to liabilities, the statement of net position or governmental fund balance sheet reports a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time.

Pensions and Other Postemployment Benefits

For purposes of measuring the net pension and OPEB liabilities and deferred outflows/inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the City of Livermore’s California Public Employees’ Retirement System (CalPERS) pension and Public Agency Retirement System (PARS) plans (Plans) and additions to/deductions from the Plans’ fiduciary net position have been determined on the same basis as they are reported by CalPERS and PARS. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms.

EXHIBIT A
209
43 City of Livermore
Notes to Financial Statements
June 30, 2025
Property Tax Levy, Collection and Maximum Rates
The State of California Constitution Article XIII(A) provides that the combined maximum property tax rate on any given property may not exceed one percent of its assessed value unless an additional amount for general obligation debt has been approved by voters. Assessed value is calculated at 100 percent of market value as defined by Article XIII(A), generally equivalent to the latest sale price, and may be increased by no more than two percent per year unless the property is sold or transferred. Assessed values may be reduced because of taxpayer-initiated re-assessments or declining sales prices. The State Legislature has determined the method of distribution of receipts from this tax levy among the counties, cities, school districts and other districts.

Secured property tax is due in two installments, on November 1 and February 1, and becomes a lien on those dates. It becomes delinquent on December 10 and April 10, respectively. Unsecured property tax is due on July 1 and become delinquent on August 31.

The term "unsecured" refers to taxes on personal property other than real estate, land, and buildings, such as airplanes, boats, etc. These taxes are secured by liens on the property being taxed.

Revenue Recognition for Water and Sewer Operations
Revenues from residential sewer customers are based on annual billings collected on the tax rolls by Alameda County.

Revenues for sewer services provided but not billed at the end of the fiscal year are estimated and accrued.

Land Held for Redevelopment
Land held for redevelopment includes land parcels used to develop or redevelop blighted properties and are accounted for as investments on the balance sheet at the lower of cost or net realizable value or agreed-upon sales price if a disposition agreement has been made with a developer. Individual parcels which have experienced a market value decline are written down to estimated current market value. No appreciation is recorded if the current market value of an individual parcel exceeds cost.

Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles (GAAP) requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.

Adoption of New Accounting Pronouncements
Implementation of GASB Statement No. 101
As of June 30, 2025, the District adopted GASB Statement No. 101, Compensated Absences. The provisions of this standard modernize the types of leave that are considered a compensated absence and provides guidance for a consistent recognition and measurement of the compensated absence liability. The effect of the implementation of this standard on beginning net position is disclosed in Note 19.

EXHIBIT A
210

44 City of Livermore
Notes to Financial Statements
June 30, 2025

Note 2 - Stewardship, Compliance and Accountability

Budgeting Procedures

The City adopts a biennial operating budget on or before June 30 for each of the ensuing two fiscal years for all funds except the Fiduciary Funds. The operating budget takes the form of a two-year financial plan which is adopted in its entirety by the City Council by a resolution. A mid-period review is conducted in the off-year and appropriations are adjusted accordingly. The fiscal year begins on July 1 and ends on June 30 of the following year.

As Livermore is a general law city, it is not subject to a budgetary process prescribed by statute or charter.

The operating budget is subject to supplemental appropriations throughout its term to provide flexibility to meet changing needs and conditions. A resolution approving a supplemental appropriation is necessary when the original total appropriations for that fund would be exceeded. Similarly, supplemental appropriations and budget transfers between funds and projects need approval from the City Council. Budget adjustments within the same fund may be approved by the City Manager if the total appropriation does not exceed the total approved limit for that fund. All appropriations and encumbrances lapse at year-end. Valid outstanding encumbrances (those for which performance under executory contract is expected in the next fiscal year) are re-appropriated and become part of the subsequent year’s budget.

The operating budget is on a program basis; however, the legal level of budgetary control is at the fund level. For governmental funds, the budget is prepared on a modified accrual basis consistent with generally accepted accounting principles (GAAP), except that land held for redevelopment is treated as an expenditure when purchased, proceeds from the disposition of this land is treated as revenue when measurable and available, and transfers (to) or from different fund categories are treated as budgetary resources (uses). Organizational priorities which have been developed by City Council and City staff are implemented at the program level.

Fund Balance Deficits / Net Position Deficits

As of June 30, 2025, none of the funds had a significant fund balance/net position deficit.

Note 3 - Cash and Investments

The City pools cash from all sources and all funds, except Cash and Investments held by Trustees, so that it can be invested at the maximum yield consistent with safety and liquidity, while individual funds can make expenditures at any time.

Policies

California Law requires banks and savings and loan institutions to pledge government securities with a market value of 110% of the City’s cash on deposit, or first trust deed mortgage notes with a market value of 150% of the deposit, as collateral for these deposits. Under California Law this collateral is held in a separate investment pool by another institution in the City’s name and the City is placed ahead of general creditors of the institution.

EXHIBIT A
211

45 City of Livermore
Notes to Financial Statements
June 30, 2025

The City invests in individual investments and in investment pools. Individual investments are evidenced by specific identifiable securities instruments, or by an electronic entry registering the owner in the records of the institution issuing the security, called the book entry system. In order to increase security, the City employs the Trust Department of a bank as the custodian of certain City managed investments, regardless of their form.

The City’s investments are carried at fair value, as required by generally accepted accounting principles. The City adjusts the carrying value of its investments to reflect their fair value at each fiscal year end, and it includes the effects of these adjustments in income for that fiscal year.

Classification

Cash and investments are classified in the financial statements as shown below, based on whether or not their use is restricted under the terms of City debt instruments or Agency agreements.

Cash and investments in City Treasury 410,774,868$
Cash and investments with Trustees 17,403,289
Total City cash and investments 428,178,157
Cash and investments in Fiduciary Funds (Separate Statement) In City Treasury 26,222,818
With Trustees 2,448,300
Total Fiduciary cash and investments 28,671,118
Total cash and investments 456,849,275$

Cash and investments available for operations is used in preparing proprietary fund statements of cash flows because these assets are highly liquid and are expended to liquidate liabilities arising during the year.

EXHIBIT A
212

46 City of Livermore
Notes to Financial Statements
June 30, 2025

Investments Authorized by the California Government Code and the City’s Investment Policy

The City’s Investment Policy and the California Government Code allow the City to invest in the following Investment types, provided the credit ratings of the issuers are acceptable to the City and the approved percentages and maturities are not exceeded. The table below also identifies certain provisions of the California Government Code, or the City’s Investment Policy where the City’s Investment Policy is more restrictive.

Authorized Investment Type
Maximum
Maturity
Minimum
Credit
Quality
Maximum
Percentage
of Portfolio
Maximum
Investment
in One Issuer
California Local Agency Bonds* 5 years A None None
U.S. Treasury Bills and Notes 5 years N/A None None Obligations issued by United States
Government Agencies
5 years N/A None None
Bankers Acceptances 180 days A 40% 30%
Commercial Paper 270 days A1/P1 10% 10%
Negotiable Certificates of Deposit 5 years None 30% None Repurchase Agreements 1 year None 20% None
Reverse Repurchase Agreements 92 days None 20% None
Medium Term Corporate Notes 5 years A 30% None
Money Market Mutual Funds 5 years Top rating 15% 10%
Collateralized Notes, Bonds, or Other
Obligations Secured by First Priority
Security Interest
5 years N/A None None
Certificates of Deposit 5 years N/A 30% None
California Local Agency Investment Fund 5 years N/A $75 million per $75 million per Passbook Savings Account N/A N/A N/A N/A
Supranationals 5 Years AA 30% None
* No Maximum Maturity or minimum rating on Bonds issued by the City of Livermore.

Under the City’s Investment Policy, investments not described above are ineligible investments. In addition, the City may not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages in accordance with the California Government Code. Except for callable federal agency securities, any security that derives its value from another asset or index is prohibited. In addition, the City may not invest any funds in any security that could result in zero interest accrual if held to maturity.

Investments Authorized by Debt and Trust Agreements

The City and the Successor Agency to the former Redevelopment Agency must maintain required amounts of cash and investments with trustees or fiscal agents under the terms of certain debt issues. These funds are unexpended bond proceeds or are pledged reserves to be used if the City and/or the Successor Agency fail to meet their obligations under these debt issues. The California Government Code requires these funds to be invested in accordance with the City resolutions, bond indentures or State statutes.

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213
47 City of Livermore
Notes to Financial Statements
June 30, 2025
The table below identifies the investment types that are authorized for investments held by fiscal agents.

Authorized
Investment Type
Maximum
Maturity
Minimum
Credit Quality
Maximum %
Allowed
U.S. Treasury Bills and Notes No Limit NA No Limit
Federal and Local Agency Obligations No Limit NA No Limit Federal funds, unsecured certificates of deposit,
time deposits & bankers acceptances
Not more than
360 days A-1 or A-1+ by S&P and P-1 by Moody No Limit
Commercial Paper Not more than
270 days A-1+ by S&P and P-1 by Moody No Limit
Money Market Mutual Funds No Limit AAAm or AAAm-G or better by S&P No Limit Municipal Bonds No Limit
Aaa or AAA or general obligations of
states with a rating of A2/A or high by
Moody, S&P, or Fitch
No Limit
California Local Agency Investment Fund (LAIF) NA NA $75 million per account
Repurchase Agreements 6 mo. or less Equal to or better than existing Certificates by Moody’s No Limit
Investment Agreements No Limit Equal to or better than existing Certificates by Moody’s No Limit
Pre-refunded municipal obligations No Limit
Aaa by Moody’s & AAA by S&P; if no
Moody’s rating, then must have
been pre-refunded with cash.

No Limit
Interest Rate Risk
Interest rate risk represents how changes in market interest rates will adversely affect the fair value of an investment. Normally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The City generally manages its interest rate risk by holding investments to maturity.

Information about the sensitivity of the fair values of the City’s investments (including investments held by bond trustees) to market interest rate fluctuations is provided by the following table that shows the distribution of the City’s investments by maturity:
12 Months 13 to 24 25 to 60 More than
Investment Type or less Months Months 60 Months Total
U.S. Agencies Bond 34,225,235$ 43,379,034$ 54,241,229$ -$ 131,845,498$ California Local Agency Investment Fund 25,453,724 - - - 25,453,724 Money Market Fund 5,021,069 - - - 5,021,069
Supranational - 2,894,490 16,391,922 - 19,286,412 U.S. Treasury Bond - 5,401,814 55,402,677 - 60,804,491 Negotiable Certificates of Deposit 966,155 1,202,438 244,261 - 2,412,854 Commercial Paper 25,422,726 - - - 25,422,726
Corporate Notes 5,379,710 14,860,948 74,006,289 - 94,246,947 Mortgage-backed Security 2,820,833 3,998,123 40,519,722 - 47,338,678 Municipal Bonds - - 10,693,636 1,613,667 12,307,303 Mutual Funds-Stabilization 6,758,239 - - - 6,758,239 Total Investments 106,047,691$ 71,736,847$ 251,499,736$ 1,613,667$ 430,897,941 Cash Equivalent 25,951,334
Total Cash and Investments 456,849,275$

EXHIBIT A
214
48 City of Livermore
Notes to Financial Statements
June 30, 2025
Credit Risk
Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the actual rating as of June 30, 2025 for each investment type as provided by Standard and Poor’s investment rating service.

Investment Type AAA AA A Not Rated TotalRated:

U.S. Agencies Bond -$ 126,010,933$ -$ 5,834,565$ 131,845,498$ California Local Agency Investment Fund - - - 25,453,724 25,453,724 Money Market Fund 5,021,069 - - - 5,021,069
Supranational - 19,286,412 - - 19,286,412
U.S. Treasury Bond - 60,804,491 - - 60,804,491
Negotiable Certificates of Deposit - - - 2,412,854 2,412,854 Commercial Paper - - 25,422,726 - 25,422,726
Corporate Notes 28,433,216 32,303,725 29,724,812 3,785,194 94,246,947 Mortgage-backed Security - 47,338,678 - - 47,338,678
Municipal Bonds - 7,147,965 - 5,159,338 12,307,303
Mutual Funds-Stabilization - - - 6,758,239 6,758,239 Total Investments 33,454,285$ 292,892,204$ 55,147,538$ 49,403,914$ 430,897,941 Cash Equivalent 25,951,334
Total Cash and Investments 456,849,275$
Local Agency Investment Fund
The City is a participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The City reports its investment in LAIF at the fair value amount provided by LAIF, which is the same as the value of the pool share. The balance is available for withdrawal on demand and is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF’s investment portfolio are collateralized mortgage obligations, mortgage- backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, United States Treasury Notes and Bills, and corporations.

These investments matured in an average of 248 days. Money Market funds were available for withdrawal on demand at June 30, 2025 with an average maturity of 30 days or less.

Concentration of Credit Risk
Investments in the securities of any individual issuer, other than U. S. Treasury securities, mutual funds, and external investment funds that represent 5% or more of total investments are as follows on June 30, 2025:

Issuer Type of Investments Amount
Federal Home Loan Bank U.S. Agency Securities 54,103,006$ Federal Farm Credit Bank U.S. Agency Securities 31,816,625 Federal Home Loan Mortgage Corporation U.S. Agency Securities 37,467,036

EXHIBIT A
215
49 City of Livermore
Notes to Financial Statements
June 30, 2025
Fair Value Measurement of Investments
The City categorizes the fair value measurements of its investments based on the hierarchy established by generally accepted accounting principles. The fair value hierarchy, which has three levels, is based on the valuation inputs used to measure an asset's fair value. The following provides a summary of the hierarchy used to measure fair value:
• Level 1 - Quoted prices in active markets for identical assets that the City has the ability to access at the measurement date. Level 1 assets may include debt and equity securities that are traded in an active exchange market and that are highly liquid and are actively traded in over-the-counter markets. • Level 2 - Observable inputs other than Level 1 prices such as quoted prices for similar assets in active markets, quoted prices for identical or similar assets in markets that are not active, or other inputs that are observable, such as interest rates and curves observable at commonly quoted intervals, implied volatilities, and credit spreads. For financial reporting purposes, if an asset has a specified term, a Level 2 input is required to be observable for substantially the full term of the asset. • Level 3 - Unobservable inputs should be developed using the best information available under the circumstances, which might include the City's own data. The City should adjust that data if reasonable available information indicates that other market participants would use different data or certain circumstances specific to the City are not available to other market participants.

The City's fair value measurements are as follows at June 30, 2025:

Level 1 Level 2 Level 3 June 30, 2025
U.S. Agencies Bond -$ $131,845,498 -$ 131,845,498$
Supranational - 19,286,412 - 19,286,412
U.S. Treasury Bond - 60,804,491 - 60,804,491
Negotiable Certificates of Deposit - 2,412,854 - 2,412,854 Commercial Paper - 25,422,726 - 25,422,726
Corporate Notes - 94,246,947 - 94,246,947
Mortgage-backed Security - 47,338,679 - 47,338,679
Municipal Bonds - 12,307,302 - 12,307,302
Mutual Funds-Stabilization 6,758,239 - - 6,758,239 Total investments measured at fair value 6,758,239$ 393,664,909$ -$ 400,423,148 Investments Measured at Amortized Cost:

Money Market Mutual Funds 5,021,069
Investments Exempt from Fair Value Hierarchy:

California Local Agency Investment Fund 25,453,724
Cash Equivalent 25,951,334
Total Cash and Investments 456,849,275$
Fair Value Measurements
Using Levels

EXHIBIT A
216
50 City of Livermore
Notes to Financial Statements
June 30, 2025
The California Local Agency Investment Fund (LAIF) is valued using a factor provided in the Pooled Money Investment Account (PMIA) Performance Report by the State Treasurer's Office. Investments classified in Level 2, were valued using prices provided by the City’s custodian bank. Fair value is defined as quoted market value on the last day of the period.

The City issued Pleasant View Limited Obligation Improvement Bonds, Series 2018 for and on behalf of Assessment District No. 2016-2 in the amount of $967,537 on June 14, 2018, as a direct placement debt. The City also issued Trevarno Road Limited Obligation Improvement Bonds, Series 2021 for and on behalf of Assessment District No.2021-1 in the amount of $912,000 on January 6, 2022, as a direct placement debt. The City then purchased these bonds as an investment. These investments are not traded in the open market and, therefore, measured at Level 3 as per GASB Statement No. 72 since the valuation inputs for this bond are unobservable. As of June 30, 2025, the balance outstanding for these bonds is $1,613,667. Additional information is provided in Note 9.

Note 4 - Interfund Transactions
Current Interfund Balances
Current interfund balances arise in the normal course of business and represent short-term borrowings occurring as a result of expenditures which are paid prior to the receipt of revenues. These balances are expected to be repaid shortly after the end of the fiscal year when revenues are received. There were no current amounts due from one fund to another at June 30, 2025.

Transfers between Funds
With Council approval, resources may be transferred from one City fund to another. The purpose of the majority of transfers is to subsidize operations of programs and funds which are not self-sustaining. Less often, a transfer may be made to open or close a fund. Interfund transfers for the year ended June 30, 2025 are summarized below.

Fund Receiving Transfers Fund Making Transfers
Amount
Transferred
General Fund Non-Major Governmental Funds 526,135$ A Airport Enterprise Fund General Fund 11,884 A
Non-Major Governmental Funds General Fund 6,453,260 B Non-Major Governmental Funds Non-Major Governmental Funds 528,800 B Non-Major Governmental Funds General Fund 806,007 C
Stormwater Enterprise Fund General Fund 2,300,000 C Stormwater Enterprise Fund General Fund 5,051,692 D Internal Service Funds General Fund 4,172,522 D Internal Service Funds General Fund 6,922,000 E Total Interfund Transfers 26,772,300$
A - Administrative cost reimbursement
B - Debt service payments
C - Operating subsidy
D - Capital Improvement Plan Funding
E - Year-end surplus allocation

EXHIBIT A
217
51 City of Livermore
Notes to Financial Statements
June 30, 2025
Advances to Advances from* Amount
Non-Major Governmental Funds General Fund 3,517,069
Total 3,517,069$
Long-Term Interfund Advances
The City’s General Fund made an advance of $4,720,000 to the Other Impact Fees Special Revenue Fund for downtown revitalization and the loan will be repaid to the General Fund as the fees are collected. Payment of $69,526 was made during FY 2024-25. The balance as of June 30, 2025 is $3,517,069.

The City’s Sewer Fund made an advance of $500,000 to the General Fund for replacement of Livermore’s fire stations’ alerting system and the loan will be repaid to the Sewer Fund over five years. The General Fund paid this loan off in FY 2024-25 utilizing a portion of the year-end surplus.

Internal Balances
As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements.

Exceptions to this general rule are payments in lieu of taxes where the amounts are reasonably equivalent in value to the interfund services provided and other charges between the government’s airport, water, stormwater, and sewer functions and various other functions of the government. Elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Internal balances are presented in the government-wide financial statements only. They represent the net interfund receivables and payables remaining after the elimination of all such balances within governmental and business-type activities.

Note 5 - Notes Receivable
As of June 30, 2025, Notes Receivables balances are as follows:

Housing
Successor
Low Income
Housing
Housing &
Community
Assistance
Other Local,
State and
Federal Grants
Other Special
Revenue
Funds Total
Deferred Second Mortgage Program 171,760$ 211,149$ 402,370$ 1,685,536$ -$ 2,470,815$ Subsidy Loan 129,113 - - - - 129,113
Acquisition, Predevelopment &
Development Loans 6,697,750 33,513,151 - - - 40,210,901 Other Loans - - - 48,251 48,251
Totals 6,998,623$ 33,724,300$ 402,370$ 1,685,536$ 48,251$ 42,859,080$ The City administers a Deferred Second Mortgage Program. Under the Program, individuals with incomes below a certain level are eligible to receive low interest loans, secured by second deeds of trust, to help purchase their home or rehabilitate it. Upon approval of loans, the City disburses the funds, arranges for, and collects repayments.

EXHIBIT A
218
52 City of Livermore
Notes to Financial Statements
June 30, 2025
As part of the Valley Care Senior Housing Project, Housing Successor Fund provided a subsidy loan in the amount of $1,137,691. The loan bears four percent compound interest annually on the outstanding principal and interest balance. Payment of $134,277.24 is due annually until the loan is fully paid off. The outstanding balance on this loan on June 30, 2025, is $129,113.

The former Redevelopment Agency (RDA) engaged in programs designed to encourage construction of or improvement to low-to-moderate income housing. Under these programs, loans are provided under favorable terms to homeowners or developers who agree to expend these funds in accordance with the Agency’s terms.

With the dissolution of the former Redevelopment Agency the City became the Successor to the former Redevelopment Agency’s housing activities and as a result, the Housing Successor Fund assumed the notes receivable of the former Redevelopment Agency’s Low- and Moderate-Income Housing Fund. The balances of the notes receivable in the Housing Successor Fund at June 30, 2025 are $6,697,750.

The City’s Low Income Housing Fund provides affordable rental housing opportunities for low- and moderate- income households. Funding is provided to the developers by subsidizing the acquisition, construction, and rehabilitation of affordable rental housing. Terms vary among notes with most ranging from 55 years to 65 years with the interest rate at 3%. The balances of the notes receivables at June 30, 2025 are $33,513,151.

In July 1990 and September 1992, the City and California Water Service Company (“Calwater”) entered into agreements to make annual payments for a term of 40 years to the City of Livermore for water lines sold to Calwater under Consolidated Refunding District 2002, College Avenue. The balance outstanding on this loan on June 30, 2025 is $48,251.

Note 6 - Lease Receivables
The City, as a lessor, has entered into long-term non-cancelable lease agreements for buildings, parking lots, land, facilities, and cell sites, which expire at various dates through 2061. During the year ended June 30, 2025, the City recognized $752,465 and $407,047 in lease revenue and interest revenue, respectively, pursuant to these contracts.

As of June 30, 2025, the City has a receivable for lease payments of $11,522,948, and a balance of deferred inflow of resources of $10,762,052. The future lease payments were discounted at a rate of 1.92% to 3.57%, depending on the length of the lease.

EXHIBIT A
219

53 City of Livermore
Notes to Financial Statements
June 30, 2025

Note 7 - Capital Assets

All capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available.

Donated capital assets, donated works of art and similar items, and capital assets received in a service concession arrangement are valued at acquisition cost. Some capital assets may be acquired using Federal and State grant funds, or they may be contributed by developers or other governments. Generally accepted accounting principles requires that these contributions be accounted for as revenues at the time the capital assets are contributed.

The City’s policy is to capitalize infrastructure with a cost exceeding $100,000 and other capital assets with a cost exceeding $25,000 and with useful lives exceeding one year.

The City has recorded all its public domain (infrastructure) capital assets, which include roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems in its government–wide financial statements.

All capital assets with limited useful lives are depreciated over their estimated useful lives. The purpose of depreciation is to spread the cost of capital assets equitably among all users over the life of the assets. The amount charged to depreciation expense each year represents that year’s pro rata share of the cost of capital assets.

Depreciation of all capital assets is charged as an expense against operations each year and the total amount of depreciation taken over the years, called accumulated depreciation, is reported on statement of Net Position as a reduction in the book value of the capital assets.

Depreciation of capital assets in service is provided using the straight-line method which means the cost of the asset is divided by its expected useful life in years and the result is charged to expense each year until the asset is fully depreciated. The City has assigned the useful lives listed below to capital assets.

Buildings 25-50 years
Improvements 3-50 years
Equipment 3-20 years
Library books 3-20 years
Licensed Vehicles 3-20 years
Infrastructure 25-50 years

EXHIBIT A
220

54 City of Livermore
Notes to Financial Statements
June 30, 2025

Capital Asset Additions and Retirements

Capital asset activity for the year ended June 30, 2025 comprises the following:

Balance Retirements Transfers/ Balance at
June 30, 2024 Additions and adjustments Reclassification June 30, 2025 Governmental Activities
Governmental Fund Capital Assets
Capital assets not being depreciated:

Land 43,845,981$ 6,948,840$ -$ -$ 50,794,821$ Intangible asset - easement 4,542,933 - - - 4,542,933 Construction in progress 57,245,306 19,953,251 (1,112) (11,743,440) 65,454,005 Subtotal 105,634,220 26,902,091 (1,112) (11,743,440) 120,791,759 Capital assets being depreciated, cost:

Machinery and equipment 12,123,518 - (5,339) 66,528 12,184,707 Library books 2,062,340 - - - 2,062,340 Licensed vehicles 289,991 - - - 289,991 Infrastructure 379,439,223 - - 11,213,187 390,652,410 Buildings 153,960,763 - - 463,725 154,424,488 Subtotal 547,875,835 - (5,339) 11,743,440 559,613,936 Accumulated Depreciation:

Machinery and equipment (9,827,753) (340,748) 3,947 - (10,164,554) Library books (2,062,340) - - - (2,062,340) Licensed vehicles (246,545) (23,030) - - (269,575) Infrastructure (211,720,325) (8,836,977) - - (220,557,302) Buildings (51,356,060) (3,135,118) - - (54,491,178) Subtotal (275,213,023) (12,335,873) 3,947 - (287,544,949) Net Governmental Funds
capital assets being depreciated 272,662,812 (12,335,873) (1,392) 11,743,440 272,068,987 Right-to-use subscription IT assets 3,399,931 - - - 3,399,931 Accumulated amortization (1,318,036) (721,707) - - (2,039,743) Net right-to-use subscription IT assets 2,081,895 (721,707) - - 1,360,188 Total Governmental Funds
capital assets 380,378,927$ 13,844,511$ (2,504)$ -$ 394,220,934$ Right-to-use subscription IT
assets being amortized

EXHIBIT A
221
55 City of Livermore
Notes to Financial Statements
June 30, 2025
Balance at Retirements Transfers/ Balance at
June 30, 2024 Additions and Adjustments Reclassification June 30, 2025 Internal Service Fund Capital Assets
Capital assets not being depreciated:

Construction in progress 4,171,713$ 208,903$ -$ (4,311,572)$ 69,044$ Subtotal 4,171,713 208,903 - (4,311,572) 69,044 Capital assets being depreciated, cost:

Machinery and equipment 4,196,415 342,500 (274,394) - 4,264,521 Infrastructure 12,406,587 - - - 12,406,587
Buildings 359,934 - - 4,007,798 4,367,732 Licensed vehicles 19,284,828 3,429,889 (401,878) 303,774 22,616,613 Subtotal 36,247,764 3,772,389 (676,272) 4,311,572 43,655,453 Accumulated Depreciation:

Machinery and equipment (3,206,922) (187,616) 274,394 - (3,120,144) Infrastructure (4,350,957) (407,424) - - (4,758,381) Buildings - (54,523) - - (54,523)
Licensed vehicles (12,576,987) (1,541,892) 385,867 - (13,733,012) Subtotal (20,134,866) (2,191,455) 660,261 - (21,666,060) Net Internal Service Fund
capital assets being depreciated 16,112,898 1,580,934 (16,011) 4,311,572 21,989,393 Right-to-use subscription IT assets 592,396 - - - 592,396 Accumulated amortization (302,398) (151,199) - - (453,597) Net right-to-use subscription IT assets 289,998 (151,199) - - 138,799 Total Internal Service Funds 20,574,609 1,638,638 (16,011) - 22,197,236 Governmental activity capital assets, net 400,953,536$ 15,483,149$ (18,515)$ -$ 416,418,170$ Right-to-use subscription IT
assets being amortized

EXHIBIT A
222

56 City of Livermore
Notes to Financial Statements
June 30, 2025

Balance Retirements Transfers/ Balance at
June 30, 2024 Additions and adjustments Reclassification June 30, 2025 Business-type activities
Capital assets not being depreciated:

Land 13,380,924$ -$ -$ -$ 13,380,924$ Land improvements 634,433 - - - 634,433 Construction in progress 27,594,923 14,147,047 - (356,301) 41,385,669 Subtotal 41,610,280 14,147,047 - (356,301) 55,401,026 Capital assets being depreciated:

Machinery and equipment 13,175,651 30,650 - 25,019 13,231,320 Licensed Vehicles 709,592 - (126,336) - 583,256 Airport infrastructure 11,990,733 - - - 11,990,733 Water infrastructure 60,827,002 - (1) - 60,827,001 Sewer infrastructure 143,329,877 - - 206,850 143,536,727 Storm infrastructure 112,583,142 - - 124,432 112,707,574 Buildings 23,017,440 - 3 - 23,017,443 Subtotal 365,633,437 30,650 (126,334) 356,301 365,894,054 Accumulated Depreciation:

Machinery and equipment (2,495,979) (819,245) - - (3,315,224) Licensed Vehicles (348,223) (36,679) 126,336 - (258,566) Airport infrastructure (10,508,632) (78,682) - - (10,587,314) Water infrastructure (31,911,171) (1,640,201) - - (33,551,372) Sewer infrastructure (97,499,481) (3,130,518) - - (100,629,999) Storm Drain infrastructure (93,262,633) (1,821,974) - - (95,084,607) Buildings (12,159,213) (455,430) - - (12,614,643) Subtotal (248,185,332) (7,982,729) 126,336 - (256,041,725) Net capital assets being depreciated 117,448,105 (7,952,079) 2 356,301 109,852,329 Right-to-use subscription IT assets 426,266 - - - 426,266 Accumulated amortization (98,369) (49,185) - - (147,554) Net right-to-use subscription IT assets 327,897 (49,185) - - 278,712 Business-type activity capital assets, net 159,386,282$ 6,145,783$ 2$ -$ 165,532,067$ Right-to-use subscription IT
assets being amortized

EXHIBIT A
223
57 City of Livermore
Notes to Financial Statements
June 30, 2025
Depreciation and Amortization Allocation
Depreciation expense was charged to functions and programs based on their usage of the related assets. The amount allocated to each function or program was as follows:

Governmental
Activities
Business-Type
Activities
General Government 1,713,569$ -$
Fire 326,897 -
Police 1,322,909 -
Public Works 9,404,050 -
Community Development 1,836,461 -
Library 796,348 -
Airport - 332,673
Water - 1,718,120
Sewer - 4,154,458
Storm Water - 1,826,663
Total Depreciation Expense 15,400,234$ 8,031,914$
Depreciation and amortization

EXHIBIT A
224

58 City of Livermore
Notes to Financial Statements
June 30, 2025

Note 8 - Long-Term Liabilities

Long-Term Debt Schedule:

The City’s debt comprises bonds, loans, notes, certificates of participation (COP), and refunding certificates of participation. Certificates of participation are similar to debt; they allow investors to participate in a share of guaranteed payments, which are made by the City. Because they are similar to debt, the present value of the total of the payments to be made by the City is recorded as long-term debt. Details of the individual debt issues and transactions are set forth below:

Balance at Balance at Current
June 30, 2024 (Retirements) June 30, 2025 Portion
Governmental Activities
Certificates of Participation:
2020A, 4%, 2042 6,850,000$ (260,000)$ 6,590,000$ 290,000$ Unamortized Premium 1,156,593 (64,255) 1,092,338 64,255 2020B, 4%, 2030 27,630,090 (2,826,794) 24,803,296 2,943,740 Unamortized Premium 4,428,991 (519,919) 3,909,072 519,919 2022, 5%, 2052 39,550,000 (695,000) 38,855,000 730,000 Unamortized Premium - 2022 COP Unamortized Premium 465,691 (16,632) 449,059 16,632 Housing & Urban Development Loan, varies, 2030 * 366,680 (90,758) 275,922 90,758 Internal Service Funds:

Financed Purchase:

Banc of America Equipment Purchase Loan 4,498,123 (921,084) 3,577,039 989,284 Total governmental activities debt 84,946,168$ (5,394,442)$ 79,551,726$ 5,644,588$ Business-type Activities
Airport
Certificates of Participation:
2020B, 4%, 2030 3,219,941$ (182,567)$ 3,037,374$ 189,377 Unamortized Premium 543,013 (39,330) 503,683 39,330 Financed Purchase:

Banc of America Equipment Purchase Loan 176,292 (36,185) 140,107 38,864 Water
Certificates of Participation:
2020B, 4%, 2030 2,104,971 (265,640) 1,839,331 276,884 Unamortized Premium 328,221 (46,887) 281,334 46,888 0 Total business-type activities debt 6,372,438$ (570,609)$ 5,801,829$ 591,343$ * Private Placement Debt

Long Term Debt

2020 Certificates of Participation

On June 25, 2020, the City issued tax-exempt 2020 Certificates of Participation (2020 COP) to refinance the 2011 COP, 2014 COP Series A and 2014 COP Series B. There are two semi‐annual debt service payments, consisting of principal payments due annually on April 1 and interest payments due on October 1 and April 1, which are payable solely from and secured by the lease payments made by the City to the Public Property Financing Corporation of California. Lease payments will be made by the City pursuant to the Lease Agreement for the use and occupancy of the Leased Property, which comprises of the City’s police facility and civic center library located in the City’s Civic Center.

EXHIBIT A
225

59 City of Livermore
Notes to Financial Statements
June 30, 2025

The 2020 Certificates of Participation Series A (2020 COP Series A) are qualified 501(c)(3) certificates and are issued in the principal amount $7,465,000 to refund the 2014 COP Series A (Livermore Valley Performing Arts Center Refunding) and to pay certain costs of executing and delivering the 2020 Series A Certificates.

Lease payments for 2020 COP Series A will be made by the pledged revenue of the Host Community Impact Fee Special Revenue Fund.

The City issued $42,035,000 principal amount of 2020 Certificates of Participation Series B, (2020 COP Series B) to refund the outstanding principal balance of $14,945,000 for the 2011 COP and $35,530,000 for the 2014 COP Series B as well as to fund certain costs of executing and delivery of the Certificates. Lease payments for 2020 COP Series B will be made by the General Fund, Airport Enterprise Fund, and Water Enterprise Fund.

2022 Certificates of Participation

On November 1, 2022, the City issued tax-exempt 2022 Certificates of Participation (2022 COP) to finance the design and construction of a parking garage to provide adequate parking for all existing and new development and other improvements of the City and pay certain costs of executing and delivering the Certificates. There are two semi‐annual debt service payments, consisting of principal payments due annually on April 1 and interest payments due on October 1 and April 1, which are payable solely from and secured by the lease payments made by the City to the Public Property Financing Corporation of California. Lease payments will be made by the City pursuant to the Lease Agreement for the use and occupancy of the Leased Property, which comprises of the City’s police facility and civic center library located in the City Hall and the Civic Center Meeting Hall. Lease payments for 2022 COP will be made by the General Fund.

Hud Section 108 Loans – Direct Borrowing:

In fiscal year 2010, the City received a Section 108 loan in the amount of $1,320,000 from the Department of Housing and Urban Development to purchase the Hagemann Farms. The principal payments are due annually from 2012 through 2030. As of June 30, 2025, the outstanding loan balance was $70,000.

In May 2014, the City entered into a Public Participation Jurisdiction (PPJ) agreement with Alameda County and the Cities of Dublin and Pleasanton to jointly repay a $1,250,000 Section 108 loan guarantee from the US Department of Housing and Urban Development (HUD). This loan was obtained to renovate a building owned by Axis Community Health at 5925 West Las Positas Boulevard, Pleasanton, to expand medical and mental health services throughout the Tri-Valley region. The City of Pleasanton drew $950,000 only since Alameda County paid its share of $300,000 in cash.

The City of Livermore has committed to pay $387,505 or approximately 41% of the total loan amount of $950,000. As of June 30, 2025, the outstanding loan balance was $205,922. Payment of the loan is made out of the Other State, Federal, and Local Grants Fund.

EXHIBIT A
226

60 City of Livermore
Notes to Financial Statements
June 30, 2025

Financed Purchase

Bank of America Equipment Purchase Loan

On October 24, 2012, the City entered into an equipment purchase agreement with Bank of America Public Capital Corp to install photovoltaic panels and streetlights throughout the City. The present value of minimum lease payments in the amount of $12,538,957 were initially reported on the financial statements. Rental payments are due in 180 uneven monthly payments ranging from $69,892 to $115,868 and include interest at the rate of 2.59%. Monthly lease payments began on November 24, 2013 and end on October 24, 2028. Because loan payments did not begin until construction was completed in November 2013, the accrued interest of $110,494 for July through October was capitalized and added to the principal balance at that time. Loan payments are being made by the Facilities Rehabilitation Internal Service Fund and the Airport Enterprise Fund.

Debt Service Requirements

Debt service requirements are shown below for all long-term debt, including financed purchase obligations.

For the Year Ending June 30 Principal Interest Principal Interest 2026 5,043,782$ 3,127,642$ 505,124$ 188,928$ 2027 5,199,770 2,930,913 528,522 168,826 2028 5,454,950 2,726,782 551,386 147,840 2029 4,885,702 2,519,340 540,944 126,236 2030 4,688,654 2,326,201 547,104 104,691 2031-2035 12,521,661 9,563,191 1,195,470 317,368 2036-2040 11,561,894 7,175,969 938,106 138,981 2041-2045 9,754,844 4,838,522 210,157 4,203 2046-2050 10,185,000 2,700,413 - - 2051-2052 4,805,000 354,169 - - Total 74,101,257$ 38,263,142$ 5,016,813$ 1,197,073$ Premium, net of amortization 5,450,469 785,016 79,551,726$ 5,801,829$
Governmental Activities Business-type Activities

EXHIBIT A
227
61 City of Livermore
Notes to Financial Statements
June 30, 2025
Subscription-Based Information Technology Arrangements
A subscription-based IT arrangement (SBITA) is defined as a contractual agreement that conveys control of the right to- use another entity’s IT asset, alone, or in conjunction with a tangible capital asset, for a minimum contractual period of greater than one year, in an exchange or exchange-like transaction. The City enters into SBITAs such as software licenses downloaded or available remotely, data storage, and hardware necessary to use the IT asset. The related obligations are presented in the amounts equal to the present value of SBITA payments, payable during the remaining SBITA term. As the licensee, the City recognizes a SBITA liability and an associated intangible-SBITA asset on the Statement of Net Position.

The City has several leasing arrangements accounted for under GASB No. 96, Subscriptions Based Information Technology Arrangements. These arrangements are summarized below.

Licensee Activities
The City has accrued liabilities for eight subscription based information technology (IT) arrangements as of June 30, 2025. Software subscriptions accrued provide the City with remote desktops capabilities, and enterprise application functionality. The remaining liability for these subscriptions is $1,593,602 as of June 30, 2025, respectively. Right to use assets, net of amortization, for these subscriptions is $1,777,699 as of June 30, 2025. Interest expense recognized on these subscriptions was $71,558 for the fiscal year ended June 30, 2025. Principal payments of $1,006,413 were recognized in the year ended June 30, 2025. Final payment on these subscription arrangements is expected in fiscal year 2033.

Balance at Additions Balance at Current
June 30, 2024 (Retirements) June 30, 2025 Portion
Governmental Activities
Governmental Fund Capital Assets
Subscriptions payable 2,012,740$ (785,260)$ 1,227,480$ 695,375$ Internal Service Fund Capital Assets
Subscriptions payable 255,053 (173,870) 81,183 81,184 Total governmental activities 2,267,793$ (959,130)$ 1,308,663$ 776,559$ Business-type Activities
Water
Subscriptions payable 55,370$ (7,880)$ 47,490$ 8,388$ Sewer
Subscriptions payable 253,122 (36,026) 217,096 38,346 Stormwater
Subscriptions payable 23,730 (3,377) 20,353 3,595
Total business-type activities 332,222$ (47,283)$ 284,939$ 50,329$

EXHIBIT A
228
62 City of Livermore
Notes to Financial Statements
June 30, 2025
The City’s schedule of future payments for the next five years included in the measurement of leases payable is as follows:

For the Year Ending June 30 Principal Interest Principal Interest 2026 776,559$ 36,528$ 50,329$ 8,098$
2027 282,020 16,086 53,514 6,667
2028 78,492 7,107 56,839 5,147
2029 83,290 4,877 60,313 3,532
2030 88,302 2,510 63,944 1,818
Total 1,308,663$ 67,108$ 284,939$ 25,262$
Governmental Activities Business-type Activities
Compensated Absences
Compensated absences are comprised of unused vacation leave and certain compensated time off and are accrued as earned. Compensated absences are liquidated by the fund that has recorded the liability. The long-term portion of governmental activities compensated absences is liquidated primarily by the General Fund. A liability is recognized for compensated absences for leave attributable to services already rendered that accumulates and is more likely than not to be used for time off or otherwise paid or settled, and for leave used but not yet paid or settled. The liability is measured using pay rates in effect at year end, including salary-related payments that are directly and incrementally associated with payments for leave, as applicable. As of June 30, 2025, the City adopted GASB Statement No. 101, Compensated Absences. The effect of the implementation of this standard on beginning net position is disclosed in Note 19.

The change in compensated absences for the fiscal year 2025 was as follows:

Governmental Business Type
Activities Activities Total
Beginning balance, as restated 6,388,392$ 854,088$ 7,242,480$ Net change (698,404) (71,771) (770,175)
Ending balance 5,689,988$ 782,317$ 6,472,305$
Current portion 1,805,052$ 276,374$ 1,801,849$

EXHIBIT A
229
63 City of Livermore
Notes to Financial Statements
June 30, 2025
Note 9 - Special Assessment District Debt with No City Commitment Special assessment districts, including Mello Roos Districts, exist in various parts of the City to provide improvements to properties located in those districts. Properties are assessed for the cost of improvements; these assessments are payable over the term of the debt issued to finance the improvements and must be sufficient to repay this debt. The City acts solely as the collecting and paying agent for the special assessment district debt issues below, but it has no direct or contingent liability or moral obligation for the payment of this debt. This debt is not included in the general debt of the City. The outstanding balance of each of these issues as of June 30, 2025 is as follows:

District
Balance at
June 30, 2024
Additions
(Retirements)
Balance at
June 30, 2025
Current
Portion
Community Facilities District No. 2009-1 (El Charro)
2015 Refunding Special Tax Note 15,839,502$ (542,906)$ 15,296,596$ 572,164$ 2016 Special Tax Bonds 4,104,500 (113,466) 3,991,034 117,891 Unamortized Discount (1,230,864) 34,026 (1,196,838) (35,353) 2017 Special Tax Note 2,319,997 (133,074) 2,186,923 139,395 Community Facilities District No. 1999-1 (Tri-Valley Technology Park) Special Tax Bonds Series 2015 8,250,000 (1,065,000) 7,185,000 1,100,000 Unamortized Discount (42,233) 6,849 (35,384) (6,849) Community Facilites District No. 2016-2 (Shea Properties) Special Tax Refunding Bonds, Series 2016 7,800,000 (385,000) 7,415,000 415,000 Unamortized Discount (247,719) 13,402 (234,317) (13,488) Assessment District 2016-2 (Pleasant View)
Improverment Bonds, Series 2018 860,000 (25,000) 835,000 25,000 Assessment District 2021-1 (Trevarno Road)
Improverment Bonds, Series 2022 794,667 (16,000) 778,667 16,889 Total 38,447,850$ (2,226,169)$ 36,221,681$ 2,330,649$ Community Facilities District (CFD) No. 2009-1 (El Charro) 2015 Refunding Special Tax Note – On June 1, 2015, the City on behalf of El Charro CFD No. 2009-1 entered into a special tax loan agreement with Livermore Premium Outlets, LLC. This loan was issued to refund the remaining principal amounts of the 2012 and 2014 loans.
2016 Special Tax Bonds – On September 1, 2016 the City on behalf of El Charro CFD No. 2009-1 entered into a special tax loan agreement with Crosswinds Church. The Bonds were issued to fund certain public infrastructure improvements within the CFD.
2017 Special Tax Note – On July 14, 2017 the City on behalf of El Charro CFD No. 2009-1 entered into a special tax loan agreement with Livermore Investments, LLC. This loan was issued to fund certain public infrastructure improvements within the CFD.

Community Facilities District No. 1999-1 (Tri-valley Technology Park) Special Tax Bonds, Series 2015 On May 28, 2015, the City sponsored the issuance of the Community Facilities District No. 1999-1 (Tri-valley Technology Park) Special Tax Bonds, Series 2015. The Bonds were issued to defease and refund remaining principal amount of Community Facilities District No. 1999-1 (Tri-valley Technology Park) Special Tax Bonds, Series 2000.

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64 City of Livermore
Notes to Financial Statements
June 30, 2025
Community Facilities District No. 2016-2 (Shea Properties) Special Tax Refunding Bonds, Series 2016 On December 22, 2016, the City sponsored the issuance of Community Facilities District No. 2016-2 (Shea Properties) Special Tax Refunding Bonds, Series 2016. The bonds were issued to defease and refund the remaining principal amount of the Community Facilities District No 2006-1 (Shea Properties) Special Tax Bonds, Series 2006.

Assessment District No. 2016-2 (Pleasant View) Limited Obligation Improvement Bonds, Series 2018 On June 14, 2018, the City issued bonds to fund certain public infrastructure improvements within the assessment district. The improvements included connections to the sanitary sewer service system, installation of streetlights, fire hydrants, provide for emergency vehicle access, and the addition of sidewalk curb and gutters to the required standards of the City. For additional information, see Note 3.

Assessment District No. 2021-1 (Trevarno Road) Limited Obligation Improvement Bonds, Series 2022 On January 6, 2022, the City issued bonds to fund certain public infrastructure improvements within the assessment district. The improvements included connections to the sanitary sewer service system and improvements to the water infrastructure. For additional information, see Note 3.

Note 10 - Net Position and Fund Balances
Net Position is measured on the full accrual basis, while Fund Balance is measured on the modified accrual basis. Net Position is the excess of all the City’s assets and deferred outflows of resources over all its liabilities and deferred inflows of resources, regardless of fund. Net Position is divided into three captions. These captions apply only to Net Position, which is determined only at the Government-wide level, and are described below:

Net Investment in Capital Assets describes the portion of Net Position which is represented by the current net book value of the City’s capital assets, less the outstanding balance of any debt issued to finance these assets. See table below for calculation of Net Investment in Capital Assets from portions of the Statement of Net Position.

Governmental
Activities
Business-Type
Activities Total
Net Assets:

Land, easements and construction in progress 120,860,803$ 55,401,026$ 176,261,829$ Capital assets, net of accumulated depreciation 294,058,380 109,852,329 403,910,709 Right-to-use subscription IT assets,
net of accumulated amortization 1,498,987 278,712 1,777,699 Total Net Assets: 416,418,170 165,532,067 581,950,237 Less Debt Related to Assets:

Long-term debt (current portion) (6,421,147) (541,014) (6,962,161) Long-term debt (due in more than one year) (74,439,242) (5,545,754) (79,984,996) Total Debt Related to Assets: (80,860,389) (6,086,768) (86,947,157) Unspent Debt Proceeds 7,209,080 - 7,209,080 Net Investments in Capital Assets 342,766,861$ 159,445,299$ 502,212,160$

EXHIBIT A
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65 City of Livermore
Notes to Financial Statements
June 30, 2025

Restricted describes the portion of Net Position which is restricted as to use by the terms and conditions of agreements with outside parties, governmental regulations, laws, or other restrictions which the City cannot unilaterally alter.

These restrictions principally include developer fees received for use on capital projects and debt service requirements.

Unrestricted describes the portion of Net Position which is not restricted as to use.

Sometimes the City will fund outlays for a particular purpose from both restricted (e.g., restricted bond or grant proceeds) and unrestricted resources. In order to calculate the amounts to report as restricted-net position and unrestricted-net position in the government-wide and proprietary fund financial statements, a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted-net position to have been depleted before unrestricted-net position is applied.

Fund Balances

Governmental fund balances represent the net current assets of each fund. Net current assets generally represent a fund’s cash and receivables, less its liabilities. The City’s fund balances are classified in accordance with Governmental Accounting Standards Board Statement Number 54 (GASB 54), Fund Balance Reporting and Governmental Fund Type Definitions, which requires the City to classify its fund balances based on spending constraints imposed on the use of resources.

Each category in the following hierarchy is ranked according to the degree of spending constraint:

Non-spendables represents balances set aside to indicate items do not represent available, spendable resources even though they are a component of assets. Fund balances required to be maintained intact, such as Permanent Funds, and assets not expected to be converted to cash, such as prepaids, notes receivable, and land held for redevelopment are included. However, if proceeds realized from the sale or collection of non-spendable assets are restricted, committed or assigned, then non-spendable amounts are required to be presented as a component of the applicable category.

Restricted fund balances have external restrictions imposed by creditors, grantors, contributors, laws, regulations, or enabling legislation which requires the resources to be used only for a specific purpose.

Committed fund balances have constraints imposed by formal action of the City’s highest level of decision-making authority. The City Council is the highest level of decision-making authority for the City that can, by adoption of a resolution prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the resolution remains in place until a similar action is taken to remove or revise the limitation.

Stabilization arrangements were adopted by Council resolution to establish and maintain a revenue stabilization reserve (“rainy day fund”) in the General Fund. The stabilization reserve is reported in the General Fund committed fund balance. Expenditure of the amounts in the revenue stabilization reserve may occur only when specific circumstances exist. The adopted resolution directs that these resources may be used to mitigate actual revenue shortfalls in the event of a declaration of a public emergency. These circumstances are not expected to occur routinely.

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66 City of Livermore
Notes to Financial Statements
June 30, 2025
Assigned fund balances are amounts constrained by the City’s intent to be used for a specific purpose but are neither restricted nor committed. Intent is expressed through Council resolution and/or budget document or its designee (City Manager) and may be changed at the discretion of the City Council or its designee. This category includes Non-spendables, when it is the City’s intent to use proceeds or collections for a specific purpose, and residual fund balances, if any, of Special Revenue, Capital Projects and Debt Service Funds which have not been restricted or committed.

Unassigned fund balance represents residual amounts that have not been restricted, committed, or assigned. This includes the residual general fund balance and residual fund deficits, if any, of other governmental funds.

Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance.

Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last.

EXHIBIT A
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67 City of Livermore
Notes to Financial Statements
June 30, 2025

Detailed classification of the City’s fund balances as of June 30, 2025 are below:

Low Income Other
General Housing-Special Governmental
Fund Balance Classifications Fund Revenue Fund Funds Total Nonspendable:

Items not in spendable form:

Prepaids and deposits 8,000$ 3,000$ -$ 11,000$ Leases 43,587 - - 43,587 Advances and notes receivable 3,517,069 - - 3,517,069 Land held for redevelopment 1,704,483 - - 1,704,483 Total Nonspendable Fund Balances 5,273,139 3,000 - 5,276,139 Restricted for:

Alameda County Transportation programs - - 13,159,783 13,159,783 Gas tax program - - 14,215,490 14,215,490 Grant Programs - - 11,756,127 11,756,127 Host Community Impact program - - 1,317,255 1,317,255 Housing and human services programs - 44,403,222 10,840,933 55,244,155 Maintenance Program - - 15,935,827 15,935,827 Capital improvements programs - - 69,239,246 69,239,246 Park program - - 11,833,166 11,833,166 PEG program - - 1,807,193 1,807,193 Art programs - - 9,198,364 9,198,364 Solid waste and recycling program - - 350,572 350,572 Street sweeping program - - 500,604 500,604 Pension 115 Trust 6,758,239 - - 6,758,239 Total Restricted Fund Balances 6,758,239 44,403,222 160,154,560 211,316,021 Committed for:

Financial stabilization arrangement 15,381,074 - - 15,381,074 Encumbrances 1,983,088 - - 1,983,088 Total Committed Fund Balance 17,364,162 - - 17,364,162 Assigned for:

Capital improvements programs 2,851,107 - - 2,851,107 CIP Reserves 28,186,762 - - 28,186,762 Total Assigned Fund Balances 31,037,869 - - 31,037,869 Unassigned:

Economic Uncertainty Reserve 19,925,382 19,925,382 General Fund and other funds 6,684,785 - - 6,684,785 Total Unassigned Fund Balances 26,610,167 - - 26,610,167 Total Fund Balances 87,043,576$ 44,406,222$ 160,154,560$ 291,604,358$

Minimum Operating Reserve Policy

On June 13, 2016 the City adopted a resolution to update the City’s Fund Balance Policy. Special Revenue, Debt Service and Capital Projects Funds have no minimum funding levels due to the nature of the funds. The minimum funding levels of the policy are highlighted below.

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68 City of Livermore
Notes to Financial Statements
June 30, 2025
General Fund
The Restricted Pension 115 Trust Reserve and the Committed General Fund Financial Stabilization Operating Reserve combine to meet the minimum funding level is 15% of operating expenditures plus debt service transfers to be used in a catastrophic event or in a major emergency or in periods of severe fiscal crisis. The Unassigned General Fund Economic Uncertainty Reserve minimum funding level is 13.5% of operating expenditures plus debt service transfers to be used during times of severe economic distress such as protracted recessionary periods. State raids on local resources, or other impactful unforeseen events which greatly diminish the financial ability of the City to deliver core services. The Unassigned General Fund balance minimum funding level is 1.5% of operating expenditures plus outgoing debt service transfers.

Enterprise Funds
The Airport and Water Funds’ unrestricted net position minimum balance is 12.5% (or 45 days’ worth of working capital) and 33% (or 120 days’ worth of working capital) of operating expenditures plus debt service requirements respectively. The Sewer Fund is recommended to maintain an unrestricted Net Position minimum balance of 50% of their operating budget plus debt service requirements.

Internal Service Funds
Liability Insurance and Workers Compensation Funds are recommended to fully fund actuarially determined claim obligations at a minimum at the seventy percent (70%) confidence level. The City will strive to fully fund actuarially determined claim obligations at the 90% confidence level.

The Fleet Services, Information Technology and Facilities Rehabilitation Funds are recommended to keep 12.5% of operating expenses as minimum unrestricted net position balance.

Note 11 - Pension Plans
A. Social Security/ Public Agency Retirement Systems (PARS) The Omnibus Budget Reconciliation Act of 1990 (OBRA) mandates that public sector employees who are not members of their employer’s existing retirement system as of January 1, 1992 be covered by either Social Security or an alternative plan. The City’s part-time, seasonal, and temporary employees are not covered under Social Security.

The City has an agreement with the Public Agency Retirement System (PARS) to provide an alternative retirement system for employees not eligible for the California Public Employees’ Retirement System (CalPERS) Pension Plan and adopted the PARS 457 Trust including the PARS Section 457 FICA Alternative Retirement Plan.

B. California Public Employees’ Retirement System (CalPERS) Pension Plans All public employees meeting CalPERS membership requirements must participate in pension plans offered by California Public Employees Retirement System (CalPERS).

EXHIBIT A
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69 City of Livermore
Notes to Financial Statements
June 30, 2025
For the fiscal year ended June 30, 2025, the City reported its net pension liabilities, deferred outflows of resources, deferred inflows of resources, and pension expense for each of the above plans as follows:

Net Pension
Liability
Deferred Outflows
of Resources
Deferred Inflows
of Resources Pension Expense
Miscellaneous Plan (99,199,157)$ 19,303,143$ -$ 3,385,195$ Safety Plan (58,556,931) 18,568,294 (1,036,412) 4,401,586 Total (157,756,088)$ 37,871,437$ (1,036,412)$ 7,786,781$

1. General Information about the Pension Plans
Plan Descriptions – All qualified permanent and probationary employees are eligible to participate in the City’s separate Safety (Police) cost-sharing and Miscellaneous (all other) agent multiple-employer defined benefit plans (Plans), administered by the CalPERS. The Miscellaneous Plans are an agent multiple employer defined benefit pension plans administered by CalPERS, which acts as a common investment and administrative agent for its participating member employers. Benefit provisions under the Plans are established by State statute and City resolution. CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website.

The City’s Safety Plans became part of a cost-sharing multiple employer defined benefit pension plan administered by CalPERS, commonly referred to as a risk pool, as of the actuarial valuation date of June 30, 2003. Risk pools exist for employers with less than 100 active plan members.

The City has three retirement benefit tiers in the Plans. Membership in the first tier of the retirement system is closed to new employees hired on or after December 31, 2012. The second tier was adopted by the City in November 2012 for all employees hired December 31, 2012. The third tier was adopted by the City effective January 1, 2013 pursuant to State Assembly Bill 340.

The net pension liabilities will be liquidated primarily from the general fund, approximately 80%, with the remaining amounts from the Airport, Water, Sewer, Stormwater, and internal service funds.

2. Benefits Provided and Actuarial Assumptions
CalPERS provides service and disability retirement benefits, cost of living adjustments, and death benefits to plan members and beneficiaries. Benefits are based on years of credited service, equal to one year of full-time employment. Members with five years of total credited service are eligible to retire at age 50 with statutorily reduced benefits. Members may apply for a non-duty disability retirement benefit after 5 years of service. The death benefit is one of the following: The Basic Death Benefit, the 1959 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost of living adjustments for each plan are applied as specified by the Public Employees’ Retirement Law.

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70 City of Livermore
Notes to Financial Statements
June 30, 2025
The Plans’ provisions and benefits in effect at June 30, 2025, are summarized as follows:

Miscellaneous Safety
Benefit vesting schedule 5 years service 5 years service Benefit payments monthly for life monthly for life
Minimum retirement age 50/52 50
Employees hired prior to December 30, 2012 Tier 1 Tier 1 Monthly benefits, as a % of annual salary 2.7% at 55 3% at 50 Required member contribution rates 8% 9%
% paid by employee 8% 9% 1
% paid by employer 0% 0% 1
Required employer contribution rates (Normal cost) 12.370% 27.320% Employer payment of unfunded liability 8,586,023$ 4 4,482,608$ Employees hired December 31, 2012 Tier 2 Tier 2
Monthly benefits, as a % of annual salary 2% at 60 3% at 55 3 Required member (employee) contribution rates 7.00% 9.00% Required employer contribution rates (Normal cost) 12.370% 23.000% Employer payment of unfunded liability -$ 27,694$
Employees hired after December 31, 2012 Tier 3 Tier 3
Monthly benefits, as a % of annual salary 2% at 62 2.7% at 57 3 Required member (employee) contribution rates: 7.50% 13.75% Required employer contribution rates (Normal cost) 12.370% 13.760% Employer payment of unfunded liability -$ 25,777$
1 Rates presented in the table above were effective 7/1/2016. 4 Balance mentioned above is a combined amount for all Miscellaneous plans. 3 Newly hired Safety Employees will be enrolled in the 3% at 55 or 2.7% at 57 formula, dependent on the individual's eligibility, as per AB340.
2 Newly hired Misc Employees will be enrolled in the 2% at 60 or 2% at 62 formula, dependent on the individual's eligibility, as per AB340.

Employees Covered – At June 30, 2025, the following employees were covered by the benefit terms of the Miscellaneous Plans, however, information for the Safety Police Plans was not provided from CalPERS for cost-sharing multiple employer defined benefit pension plans.

Miscellaneous1
Inactive employees or beneficiaries currently receiving benefits 540 Inactive employees entitled to but not yet receiving benefits 294 Active employees 303
Total 1,137
1 All Tiers of the Miscellaneous plans were reported together in the Census data report by CalPERS.

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71 City of Livermore
Notes to Financial Statements
June 30, 2025
Contributions – Section 20814(c) of the California Public Employees’ Retirement Law requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. Funding contributions for both Plans are determined annually on an actuarial basis as of June 30 by CalPERS. The City must contribute these amounts. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability.

The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees.

For the year ended June 30, 2025, the contributions recognized as part of pension expense for the Plans were as follows:

Miscellaneous1 Safety Police1 Total
Contributions - employer 12,927,306$ 7,783,173$ 20,710,479$ 1 All Tiers of the Miscellaneous and Safety Police plans were combined together on GASB 68 report by CalPERS.

Actuarial Assumptions – The total pension liabilities in the June 30, 2025 actuarial valuations were determined using the following actuarial assumptions:

All Plans (1)
Valuation Date June 30, 2023
Measurement Date June 30, 2024
Actuarial Cost Method Entry-Age Normal Cost
Actuarial Assumptions:

Discount Rate 6.90%
Inflation 2.300%
Payroll Growth 2.800%
Projected Salary Increase Varies by Entry Age and Service Investment Rate of Return 6.80%
Mortality (3) Derived using CalPERS’
membership data for all funds
(1)
(2) Net of pension plan investment expenses, including inflation (3) 2021 CalPERS Experience Study for the period from 2001-2019, Recipients with attained age of 50
All of the City's plans for miscellaneous and safety police employed the same assumptions.

EXHIBIT A
238

72 City of Livermore
Notes to Financial Statements
June 30, 2025

The underlying mortality assumptions and all other actuarial assumptions used in the June 30, 2023 valuation were based on the results of the 2019 CalPERS Experience Study for the period 2001 to 2019. Further details of the Experience Study can be found on the CalPERS website.

Discount Rate – The discount rate used to measure the total pension liability was 6.90%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability.

The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class.

In determining the long-term expected rate of return, CalPERS considered both short-term and long-term market return expectations as well as the expected pension fund cash flows. Using historical returns of all the funds’ asset classes, expected compound (geometric) returns were calculated over the short-term (first 10 years) and the long- term (11+ years) using a building-block approach. Using the expected nominal returns for both short-term and long- term, the present value of benefits was calculated for each fund. The expected rate of return was set by calculating the rounded single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equal to the single equivalent rate calculated above and adjusted to account for assumed administrative expenses. The table below reflects long-term expected real rate of return by asset class.

Assumed
Asset
Asset Class (1) Allocation Real Return 1, 2
Global Equity - Cap-weighted 30.0% 4.54%
Global Equity - Non-Cap-weighted 12.0% 3.84%
Private Equity 13.0% 7.28%
Treasury 5.0% 0.27%
Mortgage-backed Securities 5.0% 0.50%
Investment Grade Corporates 10.0% 1.56%
High Yield 5.0% 2.27%
Emerging Market Debt 5.0% 2.48%
Private Debt 5.0% 3.57%
Real Assets 15.0% 3.21%
Leverage -5.0% -0.59%
Total 100.0%
(2) Figures are based on the 2021 Asset Liability Management study. (1) An expected inflation of 2.30% used for this period.

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73 City of Livermore
Notes to Financial Statements
June 30, 2025

3. Miscellaneous Agent Multiple-Employer Defined Benefit Pension Plan (Miscellaneous) The changes in the Net Pension Liability for the Miscellaneous Plan during the measurement year were as follows:

Miscellaneous Plan1: Total Pension Plan Fiduciary Net Pension Liability Net Position Liability/(Asset)
Balance at June 30, 2023 2 370,502,158$ 265,920,679$ 104,581,479$ Changes in the year:

Service cost 6,370,619 - 6,370,619
Interest on the total pension liability 25,329,298 - 25,329,298 Changes of Assumptions - - -
Difference between expected and actual experience 2,806,006 - 2,806,006 Net plan to plan resource movement - - -
Contribution - employer - 11,614,520 (11,614,520)
Contribution - employee (paid by employer) - - -
Contribution - employees - 2,842,955 (2,842,955)
Net investment income - 25,647,150 (25,647,150)
Benefit payments, including refunds of
employee contributions (18,804,375) (18,804,375) - Administrative expenses - (216,380) 216,380
Net changes 15,701,548 21,083,870 (5,382,322) Balance at June 30, 2024 2
386,203,706$ 287,004,549$ 99,199,157$
1 All Tiers of the Miscellaneous plan were combined together on GASB 68 report by CalPERS. 2 Represent measurement dates used in the GASB 68 valuation report.

Increase (Decrease)
Pension Plan Fiduciary Net Position – Detailed information about each pension plan’s fiduciary net position is available in the separately issued CalPERS financial reports.

4. Safety Police Cost-Sharing Multiple-Employer Defined Benefit Plan (Police Safety) As of June 30, 2025, the City reported net pension liabilities for its proportionate share of the net pension liability of the Police Safety Plan as follows:

Proportionate Share of
Net Pension Liability 1
Safety Police Plan (58,556,931)$
1 All Tiers of the Safety Police plan were combined together on GASB 68 report by CalPERS.

EXHIBIT A
240

74 City of Livermore
Notes to Financial Statements
June 30, 2025

The City’s net pension liability for the Plans is measured as the proportionate share of the net pension liability. The net pension liability of the Plans are measured as of June 30, 2024, and the total pension liability for the Plan used to calculate the net pension liability was determined by an actuarial valuation as of June 30, 2023 rolled forward to June 30, 2024 using standard update procedures. The City’s proportion of the net pension liability was based on a projection of the City’s long-term share of contributions to the pension plan relative to the projected contributions of all participating employers, actuarially determined.

The City’s proportionate share of the net pension liability for the Plan as of the measurements dates of June 30, 2023 and 2024 was as follows:

Safety Police
Proportion - June 30, 2023 0.79476%
Proportion - June 30, 2024 0.80316%
Change - Increase (Decrease) 0.00840%
1 All Tiers of the Safety Police plan were combined together on GASB 68 report by CalPERS.

Pension Plan Fiduciary Net Position – Detailed information about the pension plan’s fiduciary net position is available in the separately issued CalPERS financial reports.

5. Sensitivity of the Net Pension Liability to Changes in the Discount Rate

The following presents the net pension liability of the City’s Miscellaneous Plan and the City’s proportionate share of the net pension liability for the Safety Police Plan, calculated using the discount rate for the Plan, as well as what the City’s net pension liability would be if it were calculated using a discount rate that is 1-percentage point lower or 1- percentage point higher than the current rate:

1% Decrease Current 1% Increase
Net Pension Liability (5.90%) (6.90%) (7.90%)
Miscellaneous Plan1 $148,086,064 99,199,157 $58,528,893 Police Safety Plan1 88,366,903 58,556,931 34,176,564 Discount Rate
1 All Tiers of the Miscellaneous plan and Safety Police plan were combined together into

6. Pension Expenses and Deferred Outflows/Inflows of Resources Related to Pensions

For the fiscal year ended June 30, 2025, the City recognized pension expense of $3,385,195 for the Miscellaneous Plan and $4,401,586 for the Police Safety Plan for a total pension expense of $7,786,781.

EXHIBIT A
241
75 City of Livermore
Notes to Financial Statements
June 30, 2025
At June 30, 2025, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources:

Deferred
Outflows
Deferred
Inflows
Deferred
Outflows
Deferred
Inflows
Deferred
Outflows
Deferred
Inflows
of Resources of Resources of Resources of Resources of Resources of Resources Differences between actual
and expected experience 2,480,353$ -$ 4,778,766$ (155,378)$ 7,259,119$ (155,378)$ Changes in assumptions - - 1,442,722 - 1,442,722 - Net differences between
projected and actual earnings
on plan investments 3,895,485 - 2,830,375 - 6,725,860 - Change in proportion and
differences between actual
contributions and
proportionate share of
contributions - - 1,733,257 (881,034) 1,733,257 (881,034) Total 6,375,838$ -$ 10,785,120$ (1,036,412)$ 17,160,958$ (1,036,412)$ Miscellaneous Plan Safety Police Plan Total
Pension contributions subsequent to
measurement date
Deferred Outflows
of Resources
Deferred Inflows of
Resources Total
Miscellaneous Plan1 12,927,306$ -$ 12,927,306$
Safety Police Plan1 7,783,173 - 7,783,173
Total 20,710,479$ -$ 20,710,479$
1 All Tiers of the Miscellaneous and Police Safety plan were combined together on GASB 68 report by CalPERS.

In the table above amounts reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2026.

Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows:

Miscellaneous Plan Safety Police Plan Total
Fiscal Year Deferred Deferred Deferred
Ended Outflows/(inflows) Outflows/(inflows) Outflows/(inflows) June 30 of Resources of Resources of Resources
2026 1,555,721$ 3,801,585$ 5,357,306$
2027 7,479,508 6,832,026 14,311,534
2028 (1,166,333) 83,523 (1,082,810)
2029 (1,493,059) (968,426) (2,461,485)
6,375,837$ 9,748,708$ 16,124,545$

EXHIBIT A
242
76 City of Livermore
Notes to Financial Statements
June 30, 2025
Note 12 - Other Post Employment Benefits
The City has two types of retirement health benefits as determined by Council resolution and through agreements with its labor units. One plan is a Defined Benefit Plan (Other Post Employment Benefit “OPEB”) which provides health care benefits for retired employees under third party insurance plans. The second plan is a Defined Contribution Plan in which the City contributes a fixed amount to a retirement health savings account on behalf of employees who are not eligible for OPEB. The City’s Defined Benefit OPEB plan is closed to new entrants; all new employees are enrolled into the City’s Defined Contribution plan.

Executive
Management
Mid-Mgmt &
Confidential LPOA Police
Management
§ Hired Before • 8/1/2014 · 2/1/2006 · 2/1/2007 · 9/1/2004 § Eligibility •
•
§ Benefit •
• City will reimburse Medicare A & B if required for Medical coverage • Reimbursement percentage based on bargaining group and CalPERS service:

PERS
Service
Reimb
%
PERS
Service
Reimb
%
PERS
Service
Reimb
%
10 75% 10 70% 15 75%
15 80% 15 80% 20 85%
20 90% 20 90% 25+ 100%
25+ 100% 25+ 100%
· DOR < 10/9/01: $200 · DOR < 9/25/00: $200 · DOR < 2/1/02: $200 · DOR < 4/7/03: $200 § Cap · DOR < 10/9/01 and · DOR between 9/25/00 · DOH < 2/1/07: · Tier 1 (PL/Cpt):

DOH < 1/10/05: and 7/1/15: $2,121.241 $2,121.24 $1,866.20 2 (DOR < 9/1/04) $2,121.24 $2,121.24 1
• DOH ≥ 1/10/05: · DOR ≥ 7/1/15 and · DOR > 1/1/06: · DOH > 2/1/07: · Tier 2 (Actively With a current benefit DOH < 2/1/06: With a current benefit No benefits, City employed as of maximum of $1,866.201 With a current benefit maximum of $2,058.201 contributes 5% 8/30/04): $2,371.81 2 maximum of $1,9501 of base pay to
RHSA, EE · Tier 3 (promoted
· DOH ≥ 2/1/06: · DOR > 11/9/14: contributes 1% after 9/1/04): $1,866.20 2 No benefits, City No benefit, City With a current benefit of base pay to contributes 4% contributes 4% of maximum of $2,050 RHSA · Promoted EE's stay of base pay to base pay to RHSA with RHSA if RHSA
RHSA · DOR > 1/1/17: $1,950 was prior benefit
· DOH ≥ 4/1/07: · DOH ≥ 9/1/04:

No benefits, City No benefits; City
contributes 4% contributes 5%
of base pay to of base pay to

RHSA RHSA
1: Will be matched to Kaiser A two party rate for an active employee 2: Will be matched to Pre 65 Retireee Kaiser A two party rate · DOR < 10/3/03: $200
· DOR > 10/3/03:
· DOH ≥ 8/1/14:

ALE
· 4/1/2007
Retire directly from the City with 10 years CalPERS service (15 years for Police safety) and a minimum of 5 years City service, or
Industrial disability, for police safety (except for employees enrolled in retirement health savings account) City reimburses up to a percentage subject to a cap that varies by bargaining group

EXHIBIT A
243
77 City of Livermore
Notes to Financial Statements
June 30, 2025
Funding Policy and Actuarial Assumptions
The actuarially determined contribution (ADC) to the OPEB plan was determined as part of a June 30, 2023 actuarial valuation using the entry age normal actuarial cost method. This is a projected benefit cost method, which takes into account those benefits that are expected to be earned in the future as well as those already accrued. The actuarial assumptions included (a) 6.25% investment rate of return, (b) 2.75% projected annual salary increase, and (c) 2.50% general inflation rate and (d) health inflation decreases ranging from 3.45%-8.5%. The actuarial methods and assumptions used include techniques that smooth the effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets. Actuarial calculations reflect a long-term perspective and actuarial valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the future. Actuarially determined amounts are subject to revision at least biannually as results are compared to past expectations and new estimates are made about the future.

In accordance with the City’s budget, the actuarially determined contribution (ADC) is to be funded throughout the year as a percentage of payroll. During fiscal year ended June 30, 2010, the City joined the Public Agencies Post- Retirement Health Care Plan, a multiple employer trust administered by Public Agency Retirement Services (PARS).

During current fiscal year, the City made $4,305,655 in the form of pay-as-you-go payments. This trust is not considered a component unit by the City and has been excluded from these financial statements. Separately issued financial statements for PARS may be obtained from PARS at 4350 Von Karman Ave., Suite 200, Newport Beach, CA 92660.

OPEB Trust Fund
Plan Administration
The City is the plan administrator. The Public Agency Retirement Services (PARS) administers the trust for the City’s retiree healthcare benefit plan – an agent multiple-employer defined benefit OPEB plan that provides healthcare benefits for eligible general and public safety employees of the City.

Fiscal Year Ended June 30, 2024
Plan Type Agent Multiple Employer
OPEB Trust Yes
Special Funding Situation No
Nonemployer Contributing Entity No
Plan Membership
As of June 30, 2024, the most recent valuation date, membership in the plan consisted of the following:

Number of Covered Employees
Retirees and beneficiaries receivng benefits 325
Terminated plan members entitled to
but not yet receiving benefits 56
Active plan members 118
499

EXHIBIT A
244

78 City of Livermore
Notes to Financial Statements
June 30, 2025

Benefits Provided

Post-employment healthcare and similar benefit allowances are provided to eligible employees who retire from the City or to their surviving spouses. As noted in the table above in Note 11B(ii), there were 320 participants receiving these healthcare benefits as of June 30, 2025. Refer to the table on the previous page for the contractual maximum contribution rates for the eligible employees depending upon their association with specific bargaining groups.

Contribution Information

PARS establish rates for each employer based on an actuarially determined rate for each employer. For the year ended June 30, 2025, the City’s average contribution rate was 24% of covered-employee payroll. Plan members are not required to contribute to the plan.

For the year ended June 30, 2025, the City contributed $4,305,655 in relation to the actuarially determined contribution in the form of pay-as-you-go payments.

Investment Policy

PARS offer different investment portfolios as part of the investment vehicle. The City invests in “Capital Appreciation” portfolio; the primary goal of the Capital Appreciation objective is growth of principal. The major portions of the assets are invested in the equity securities and market fluctuations are expected. The portfolio is constructed to control risk through four layers of diversification – asset classes (cash, fixed income, equity), investment styles (large cap, small cap, international, value, growth), managers and securities. Disciplined mutual fund selections and monitoring helps to drive return potential while reducing portfolio risk.

The following is the City adopted asset allocation policy as of June 30, 2025.

Target Expected Real
Asset Class Component: Allocation Rate of Return
Global Equity 60.00%
Fixed Income 35.00%
Cash 5.00%
Assumed Long Term Rate of Inflation 2.50%
Discount Rate 6.00%

EXHIBIT A
245
79 City of Livermore
Notes to Financial Statements
June 30, 2025
Changes in Net OPEB Liability
The changes in the Net OPEB Liability, are as follows.

Total OPEB Plan Fiduciary Net OPEB
Liability Net Position Liability/(Asset)
Balance at June 30, 2024 1 74,526,222$ 44,231,786$ 30,294,436$ Changes in the year:

Service cost 713,709 - 713,709
Interest on the total OPEB liability 4,564,806 - 4,564,806 Investment Experience (1,534,307) (1,534,307) Changes of assumptions 2,065,836 - 2,065,836
Contribution - employer - 4,406,083 (4,406,083)
Net investment income - 5,281,596 (5,281,596)
Benefit payments, including refunds of
employee contributions (4,406,083) (4,406,083) - Administrative expenses - (79,613) 79,613
Net changes 1,403,961 5,201,983 (3,798,022)
Balance at June 30, 2025 1
75,930,183$ 49,433,769$ 26,496,414$
Increase (Decrease)
Detailed information about the OPEB plan’s fiduciary net position is available in the separately issued plan financial report that may be obtained from PARS. The liability will be paid for by the general fund.

EXHIBIT A
246
80 City of Livermore
Notes to Financial Statements
June 30, 2025
Actuarial Methods and Assumptions
The City’s net OPEB liability was measured as of June 30, 2025 and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation dated June 30, 2024, based on the following actuarial methods and assumptions:

Measurement Date June 30, 2024
Valuation Date June 30, 2024
Funding Policy City Contributes full ADC
PARS portfolio: Capital Appreciation
Medical Trend Non-Medicare - 7.90% for 2026, decreasing to

3.45% in 2076
Medicare (Non-Kaiser) - 6.90% for 2026, decreasing to
an ultimate rate of 3.45% in 2076
Medicare (Kaiser) - 5.65% for 2026, decreasing to
an ultimate rate of 3.45% in 2076
Healthcare participation for future Retirees Not in RHSA: 90%; In RHSA: not applicable Cap Increases Kaiser plan A 2-party premium: Medical trend Active medical cap - Minimum of: Healthnet PPO
Family Premium (Increase with Medical Trend);
1% (for ALE hired between 1/1/06 and 12/31/16)
of budgeted monthly salary (increased with payroll
increase rate)Actuarial Assumptions:

Discount Rate 6.00%
Salary Increase Aggregate: 2.75% annually
Merit- CalPERS 2000-2019 Experience Study
Inflation 2.50%
Investment Rate of Return 6.00%
Mortality , Retirement, Disability, Termination CalPERS 2000-2019 Experience Study Mortality Improvement Mortality projected fully generational with Scale MP-2021 Discount Rate
The discount rates used to measure the total OPEB liability were 6.00%. The projection of cash flows used to determine the discount rate assumed that City contributions will be made at rates equal to the actuarially determined contribution rates. Based on those assumptions, the OPEB plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long term expected rate of return on OPEB plan investments was applied to all periods of projected benefit payments to determine the total OPEB liability.

EXHIBIT A
247

81 City of Livermore
Notes to Financial Statements
June 30, 2025

Sensitivity of the Net OPEB Liability to Changes in the Discount Rate

The following table presents the net OPEB liability of the City as of June 30, 2025, calculated using the discount rate of 6.00%, as well as what the Plan’s net OPEB liability would be if it were calculated using a discount rate that is 1- percentage-point lower or 1-percentage point higher than the current rate:

1% Decrease Current 1% Increase

5.00% 6.00% 7.00%
Net OPEB Liability 35,782,389$ 26,496,414$ 18,738,026$ Discount Rate

Sensitivity of the Net OPEB Liability to Changes in the Healthcare Cost Trend Rates

The following presents the net OPEB liability of the City, as well as what the City’s net OPEB liability would be if it were calculated using healthcare cost trend rates that are 1-percentage-point lower or 1-percentage-point higher than the current healthcare cost trend rates:

1% Decrease Current 1% Increase
Net OPEB Liability 22,455,461$ 26,496,414$ 30,232,128$ Healthcare Trend Rate

OPEB Expenses and Deferred Outflows/Inflows of Resources Related to OPEB

For the year ended June 30, 2025, the City recognized OPEB credit of $1,879,192. As of fiscal year, ended June 30, 2025, the City reported deferred outflows and inflows of resources related to OPEB from the following sources:

Deferred Outflows Deferred Inflows
of Resources of Resources
Differences between actual and expected experience -$ (1,156,899)$ Changes in assumptions 924,194 -
Net differences between projected and actual earnings on plan investments* - (1,215,205) Employer contribution made subsequent to the
measurement date 4,305,655 -
Total 5,229,849$ (2,372,104)$
* Deferred Inflows and Outflows combined for footnote disclosure.

The difference between projected OPEB plan investment earnings and actual earnings is amortized over a five-year period. The remaining gains and losses are amortized over the expected average remaining service life.

EXHIBIT A
248
82 City of Livermore
Notes to Financial Statements
June 30, 2025
Amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized as future OPEB expense as follows:

Deferred
Year Ended Outflows/(inflows)
June 30 od Resources
2026 (960,141)$
2027 857,774
2028 (843,210)
2029 (502,333)
(1,447,910)$
Payable to OPEB Plan
The City did not report any payables for the outstanding amount of contributions to the OPEB plan required for the year ended June 30, 2025. The net OPEB liability will be liquidated primarily from the general fund, approximately 80%, with the remaining amounts from the Airport, Water, Sewer, Stormwater, and internal service funds.

Note 13 - Deferred Compensation Plan
City employees may defer a portion of their compensation under a City sponsored Deferred Compensation Plan created in accordance with Internal Revenue Code Section 457. Under this plan, participants are not taxed on the deferred portion of their compensation until distributed to them; distributions may be made only at termination, retirement, death or in an emergency as defined by the plan.

The laws governing deferred compensation plan assets require plan assets to be held by a Trust for the exclusive benefit of plan participants and their beneficiaries. Since the assets held under these plans are not the City’s property and are not subject to City control, they have been excluded from these financial statements.

Note 14 - Joint Ventures
The City participates in the joint venture activities described below through formally organized and separate entities established under the Joint Exercise of Powers Act of the State of California. As separate legal entities, these organizations exercise full powers and authorities within the scope of the related Joint Powers Agreements including the preparation of annual budgets, accountability for all funds, the power to make and execute contracts and the right to sue and be sued. Each joint venture is governed by a board consisting of representatives from member municipalities. Each board controls the operations of the respective joint venture, including selection of management and approval of operating budgets, independent of any influence by member municipalities beyond their representation on the Board. Assets and liabilities of the separate entities are not those of the City. The City’s sole financial responsibility is to fund annual contributions to each entity which are used along with other member contributions to finance each joint venture’s annual operations.

EXHIBIT A
249

83 City of Livermore
Notes to Financial Statements
June 30, 2025

Livermore-Amador Valley Water Management Agency (LAVWMA)

Livermore-Amador Valley Water Management Agency (LAVWMA) was formed in 1974. LAVWMA operates the export pipeline connecting with the East Bay Discharges Authority’s systems and discharges treated wastewater into San Francisco Bay. The current members of the Agency are Dublin San Ramon Services District, City of Livermore, and City of Pleasanton. Sewer revenue bonds issued by LAVWMA are being repaid with user charges assessed to member agencies.

The City accounts for its investment in LAVWMA by the equity method in the Sewer Enterprise Fund. The City records its share of earnings (losses) in the Proprietary Funds Statement of Revenues, Expenses and Changes in Net Position as "Change in value in investment in JPA - LAVWMA," and the carrying value of the City's investment in LAVWMA is recorded in the Proprietary Funds Statement of Net Position as "Investment in JPA - LAVWMA."

On August 1, 2011, LAVWMA issued $105,345,000 principal amount of 2011 Sewer Revenue Refunding Bonds.

Proceeds of the issuance were used to refund and retire the Series A Sewer Revenue Bonds and to pay costs of issuance. Under an Amended and Restated Sewer Service Contract dated October 1, 2011 between LAVWMA and the Members, the Members pledged and created, in favor of LAVWMA and the Trustee for the 2011 Bonds, a lien on the Net Revenues of their respective wastewater systems to pay to LAVWMA the amounts owed in order for LAVWMA to pay the debt service on the 2011 bonds. The City’s share is 27.83% of the total debt service. The City’s equity interest in LAVWMA was $25,813,755 as of June 30, 2025. Financial statements for LAVWMA may be obtained from DSRSD at 7051 Dublin Boulevard, Dublin, California 94568.

Livermore-Amador Valley Transit Authority (LAVTA)

This Authority was formed in May 1985 by a joint exercise of powers agreement between the County of Alameda and the Cities of Livermore, Pleasanton, and Dublin for the purpose of providing general public transportation under the business name "Wheels". Financial statements may be obtained from LAVTA, 1362 Rutan Court, Suite 100, Livermore, CA 94551.

Tri-Valley Transportation Council (TVTC)

The Tri-Valley Transportation Council was formed in 1991 by a joint exercise of powers agreement between the cities of Dublin, Livermore, Pleasanton, and San Ramon, the Town of Danville and the Counties of Alameda and Contra Costa for the purposes of preparing a transportation plan and providing transportation facilities within the Tri-Valley area.

Financial statements may be obtained from Franklin Management Systems, Inc., Attn: Mr. Jack Harrington, 3037 Hopyard Road, Suite M, Pleasanton, CA 94588.

EXHIBIT A
250
84 City of Livermore
Notes to Financial Statements
June 30, 2025
Livermore - Pleasanton Fire Department Joint Powers Agreement (LPFD) On December 3, 1996, the cities of Livermore and Pleasanton signed a joint powers agreement to form a joint Fire Department covering both cities. The LPFD may own physical assets and can enter into contracts with the approval of the governing board, where applicable. Fire protection services are provided by the City of Pleasanton employees under the joint power agreement. The LPFD prepares its budget including contributions required from each City to fund operating and capital needs for the year. In January 2013, the City of Livermore began functioning as Treasurer for LPFD. The City of Livermore has 50% equity share (or deficit, when applicable) in LPFD and share all the costs at approximately 50%. The deficit net position of the LPFD is reported on the governmental activities statement of net position because the City has an ongoing financial responsibility. During the year ended June 30, 2025, the City contributed $27,069,091 to LPFD representing its share of costs. The City’s deficit interest in LPFD was $40,954,410 as of June 30, 2025, based on LPFD audited financial statements for the fiscal year ended June 30, 2025. Financial statements for LPFD may be obtained from the City of Livermore at 1052 South Livermore Avenue, Livermore, California 94550.

California Public Finance Authority (CalPFA)
California Public Finance Authority (CalPFA) is a political subdivision of the State of California established under the Joint Exercise of Powers Act for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities throughout California. CalPFA is empowered to promote economic, cultural, and community development opportunities that create temporary and permanent jobs, affordable housing, community infrastructure and improve the overall quality of life in local communities.

The City joined a Joint Exercise of Powers Agreement with CalPFA to issue bonds or other debt that constitute “qualified residential rental project bonds” under Section 142 (a)(7) and Section 142 (d) of the Internal Revenue Code in an amount not-to-exceed $55,000,000 for the purpose of financing or refinancing the acquisition and construction of Ageno Apartments. CalPFA is responsible for all the reporting and monitoring components and the City has no post issuance obligations. The City’s name does not appear on any legal documents. Since the JPA is a separate legal entity, the City has no liability exposure. Additionally, the City has no ongoing obligation to the JPA, unless the City wishes to issue bonds for another development project through the JPA.

Financial statements may be obtained from the California Public Finance Authority website, http://www.calpfa.org/general-information/audits-transaction-reports or from California Public Finance Authority, 2999 Oak Road Suite 710, Walnut Creek, CA 94597.

East Bay Community Energy (EBCE)
This authority formed in October 2016 by a joint exercise of power agreement between the County of Alameda and the Cities of Livermore, Pleasanton, and Dublin for the purpose of purchasing energy on a community-wide basis by pooling the buying power of the individuals within their jurisdictions. Involvement in the JPA gives opportunities to the City for gaining greater local involvement over the provision of electricity supply services, competitive electric rates, the development of local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs.

EXHIBIT A
251

85 City of Livermore
Notes to Financial Statements
June 30, 2025

Stopwaste

This authority formed in 1976 by a joint exercise of power agreement between the County of Alameda, all fourteen cities located within the County along with two sanitary districts for the purpose of reducing waste in Alameda County.

A representative from each Member Agency serves on the Alameda County Waste Management Authority Board. The Alameda County Waste Management Authority provides solid waste planning, projects and initiatives to increase recycling and reduce waste by residents, businesses and schools. Funding is provided by waste-related fees. Some projects for reduction of waste include the Green Building in Alameda County program, curbside residential food scrap recycling and the reusable bag ordinance. These programs have reduced construction waste, increased use of recycled building materials, produced food scrap composting and reduced the number of plastic bags in the County landfills.

For more information visit www.stopwaste.org.

Note 15 - General Liability and Workers Compensation Coverage

Risk Management

The City of Livermore is self-insured for general liability claims up to a self-insured retention (SIR) of $750,000 per occurrence. It is a member of California Joint Powers Risk Management Authority (CJPRMA), an excess insurance pool that provides coverage for each occurrence that exceeds the SIR. CJPRMA provides coverage up to $40,000,000 per occurrence. The first $7,500,000 layer is retained by CJPRMA and the subsequent seven layers totaling $32,500,000 are covered by reinsurance, purchased through their broker of record, Alliant. Insurance Services. The City of Livermore contributed $1,888,787 to CJPRMA for liability coverage for the fiscal year ending June 30, 2025.

The City of Livermore purchases a variety of insurance products from Alliant through CJPRMA pooled programs and directly from Aon Risk Insurance services. The City paid $763,263 for property insurance, and $106,163 for auto physical damage insurance to Alliant through CJPRMA. The City also paid $401,164 directly to Aon for various lines of insurance.

The Local Agency Workers Compensation Excess Joint Powers Authority (LAWCX) covers workers compensation up to statutory limits. The City has a deductible or uninsured liability of up to $500,000 per claim. During the fiscal year ended June 30, 2025, the City contributed $554,192 for program year coverage.

Each risk pool is governed by a Board consisting of representatives from member municipalities. The Board controls the operations of each risk pool, including selection of management and approval of operating budgets, independent of any influence by member municipalities beyond their representation on the Board. The City's contribution to each risk pool equals the ratio of the City's payroll to the total payrolls of all entities participating in the same layer of each program, in each program year. Actual surpluses or losses are shared according to a formula developed from overall loss costs and spread to member entities on a percentage basis after a retrospective rating. CJPRMA’s financial statements may be obtained by contacting CJPRMA at (925) 837-0667. LAWCX’s financial statements may be obtained by contacting LAWCX at (800) 541-4591.

EXHIBIT A
252

86 City of Livermore
Notes to Financial Statements
June 30, 2025

Liability for Uninsured Claims

The City’s liability for the uninsured portion of claims, including a provision for claims incurred but not reported, was computed as follows based on claims experience:

Liability Insurance
Reserve
Workers’
Compensation Total
Balances of claims payable at June 30, 2024 4,384,528$ 5,243,669$ 9,628,197$ Incurred claims and change in estimated 382,240 1,334,269 1,716,509 Claims paid (495,960) (1,116,105) (1,612,065) Balances of claims payable at June 30, 2025 4,270,808$ 5,461,833$ 9,732,641$ Claims payable - current 1,667,138$ 1,268,975$ 2,936,113$

Note 16 - Economic Development Incentives – Tax Abatements

The City offers economic development incentive program to the entities that propose to locate or expand already established businesses within the City. This incentive program is expected to provide a stimulus to the City's economy, increase the tax base and create jobs. Each of the agreements entered into by the City, provides for a rebate of taxes paid to the City according to formulas contained in the agreements. These limited terms agreements provide for a sharing of the taxes (percentage rebates) above certain amounts with a maximum rebate not to exceed the cost of a business’ improvements and/or development impact fees. The City generally expects to receive increased revenue as a result of these agreements. These incentive agreements require approval by City Council.

For financial reporting purposes, the GASB Statement No. 77 defines a tax abatement as resulting from an agreement between a government and an individual or entity in which the government promises to forgo tax revenues and the individual or entity promises to subsequently take a specific action that contributes to economic development or otherwise benefits the government or its citizens. According to the GASB 77, the substance of these agreements meets the definition of “tax abatements” as the revenues received were not available for general municipal services purposes, but rather used to effectively reduce the net tax liability of certain taxpayers per the conditions of an agreement.

The taxes paid to the City are included in the revenue reported in these financial statements. The payments made to the businesses based upon the taxes paid are also included as expenditures in these financial statements. For the fiscal year ended June 30, 2025, under this program the City has abatements of sales tax totaling $2,127,121.

Pursuant to the Sales and Use Tax law (chapter 8 – Article 1 – section 7056), in order to protect the confidential information of sales taxes collected and abatements provided to each of the specific agencies, the City has presented the aggregate amount abated during the current fiscal year.

EXHIBIT A
253

87 City of Livermore
Notes to Financial Statements
June 30, 2025

Note 17 - Commitments and Contingencies

The City is subject to litigation arising in the normal course of business. In the opinion of the City Attorney there is no pending litigation which is likely to have a material adverse effect on the financial position of the City.

The City participates in several Federal and State grant programs. These programs have been audited by the City's independent accountants in accordance with the provisions of the Federal Single Audit Act amendments of 1996 and applicable State requirements. No cost disallowances were proposed as a result of these audits; however, these programs are still subject to further examination by the grantors and the amount, if any, of expenditures which may be disallowed by the granting agencies cannot be determined at this time. The City expects such amounts, if any, to be immaterial.

Construction Commitments

The City has the following outstanding construction commitments at June 30, 2025:

Amount Remaining
Vendor as of June 30, 2025 Project(s) Name
Zovich & Sons, Inc. 6,893,193$ Livermore Village L Street Garage Bkf Engineers 5,723,486 Vasco Road/I-580 Interchange Mountain Cascade Inc. 5,337,378 WRP UV Treatment System Replacement Gradetech Inc. 2,680,795 Golf Course Damage Repairs C Overaa & Company 2,012,784 WRP Primary & Secondary Treatment I Mcguire And Hester 1,932,091 Flag Pole Plaza And Downtown Street Hmh Engineers 1,273,162 Arroyo Rd Trail (T-13, Segment B) Ruggeri Jensen Azar & Asc. 1,204,493 Springtown Water Service Replacement 27,057,382$

There were no outstanding encumbrances related to these commitments on June 30, 2025.

Animal Shelter

The Cities of Dublin, Pleasanton, and Livermore and the County of Alameda reached an agreement under which Alameda County constructed an animal shelter facility on County property. Under the agreement the entities share in the debt service and operating costs of the project based on their use of the animal shelter. The City of Livermore paid $378,500 for its share of debt service and operating costs. The City’s portion of the project fluctuates based on actual usage and was 20% as of June 30, 2025.

Alameda County

During FY 2014-15, Alameda County made a $2.8 million contribution necessary to affect the redemption and retirement of the 2006 Bankhead Theater bond and prepayment of 2006 loan and issuance of 2014 COP Series A.

The City is obliged to return $2.8 million to Alameda County in the event the Bankhead Theater is sold. At present, the City does not have any intentions of selling the Theater.

EXHIBIT A
254

88 City of Livermore
Notes to Financial Statements
June 30, 2025

Note 18 - Successor Agency Activities

The City of Livermore opted to become the Livermore Successor Agency to the former Redevelopment Agency of Livermore as of January 9, 2012. Since February 1, 2012, the date of dissolution, the housing related assets and activities of the dissolved redevelopment agency are reported in the governmental Housing Successor Special Revenue Fund. The non-housing related assets and activities of the dissolved redevelopment agency are reported in the fiduciary Successor Agency to the Redevelopment Agency Private Purpose Trust Fund whose activities are subject to review and approval of the Oversight Board.

Long-Term Debt

The Successor Agency assumed the long-term debt of the Redevelopment Agency as of February 1, 2012. On August 1, 2001, the Redevelopment Agency issued $36,775,000 of 2001 Tax Allocation Bonds, Series A. Proceeds were used to refund the above outstanding Livermore Redevelopment Project 1986 Tax Allocation Bonds Series A, and to provide funds to finance various redevelopment activities within the Project Area.

Post Dissolution Assembly Bill 1484 permits the refunding of outstanding bonds of former redevelopment agencies if the total debt service (principal and interest) on the new refunding bonds is less than the total remaining debt service on the bonds being refunded (currently outstanding). The purpose for refunding redevelopment bonds is to reduce the interest rate, which lowers the annual tax increment required to make debt payments and increases the share of tax increment available to affected taxing entities.

In December 2016, the Successor Agency refinanced the 2001 Tax Allocation Bonds, Series A and issued two refunding bonds, 2016 Tax Allocation Refunding Bonds, Series A (tax exempt) and Series B (taxable). The refinancing of this debt did not extend the August 1, 2032 final maturity date or provide additional proceeds for projects; however, the anticipated present value savings are more than $300,000 annually or approximately $4.9 million over the life of the refunding issue.

The future annual debt savings will allow more funds to flow to the affected taxing entities, including the City. The table below presents the detail of activities during current fiscal year.

Balance at Balance at Amount due
June 30, 2024 Retirements June 30, 2025 in one year
Fiduciary Activities
2016 Tax AllocationRefunding Bonds,

3.00%-5.00%, 2032 14,295,000$ (1,550,000)$ 12,745,000$ 1,630,000$ Unamortized Premium 655,279 (92,489) 562,790 92,489 Total debt 14,950,279$ (1,642,489)$ 13,307,790$ 1,722,489$

EXHIBIT A
255

89 City of Livermore
Notes to Financial Statements
June 30, 2025

Semiannual debt service payments are due August 1 and February 1 and are repayable from tax increment revenues of the Redevelopment Agency Project Area. Annual debt service requirements combined are shown below:

For the Year
Ending June 30 Principal Interest Total
2026 1,630,000$ 400,719$ 2,030,719$ 2027 1,715,000 334,244 2,049,244 2028 1,765,000 282,044 2,047,044 2029 1,815,000 226,075 2,041,075 2030 - - - 2031-2032 5,820,000 303,947 6,123,947 Total 12,745,000 1,547,029$ 14,292,029$ Unamortized Premium 562,790
Total Debt 13,307,790$

Commitments and Contingencies

The City and former Agency have entered into a variety of development agreements with third parties to provide needed improvements and projects. Activities under agreements for which there are continuing commitments are disclosed in the following paragraphs. Additionally, the City and Agency have other agreements that entitle them to collect certain loans or notes receivable which are disclosed in Note 5.

Last and Final Recognized Obligation Payment Schedule (LFROPs) In September 2018, the State Department of Finance (DOF) approved the Successor Agency’s Last and Final Recognized Obligation Payment Schedule (LFROP). The Successor Agency will continue to receive property tax increment revenue to pay items listed on the LFROPs, without any objections by the DOF, until all obligations are paid off.

Loans between the LSA and the City
The Successor Agency paid off the remainder of the SERAF loan in FY 2023-24.

EXHIBIT A
256
90 City of Livermore
Notes to Financial Statements
June 30, 2025
Note 19 - Restatement due to Change in Accounting Principle As of June 30, 2025, the City adopted GASB Statement No. 101, Compensated Absences. The provisions of this standard modernize the types of leave that are considered a compensated absence and provide guidance for a consistent recognition and measurement of the compensated absence liability. Therefore, compensated absences for the governmental activities and business-type activities were increased by $1,325,287 and $215,045, respectively, as of July 1, 2024. The effect of this change in accounting principle is described in the table below.

Governmental Business-Type
Activities Activities Total
Beginning Balance, as previosly reported 442,086,383$ 282,328,064$ 724,414,447$ Adjustments (1,325,287) (215,045) (1,540,332) Beginning balance, as restated 440,761,096$ 282,113,019$ 722,874,115$ Airport Stormwater Sewer Water
Beginning Balance, as previosly reported 24,269,484$ 29,545,374$ 169,813,099$ 7,386,142$ Adjustments (41,201) (8,158)$ (127,030) (38,655) Beginning balance, as restated 24,228,283$ 29,537,216$ 169,686,069$ 7,347,487$

EXHIBIT A
257
Required Supplementary Information
June 30, 2025
City of Livermore

EXHIBIT A
258
This Page Intentionally Left Blank

EXHIBIT A
259

91 City of Livermore
Notes to Required Supplementary Information
Fiscal Year Ended June 30, 2025

Note 1 - Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget to Actual

The Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget to Actual presents the comparison of actual balances with the balances budgeted for revenues, expenses, and transfers. This schedule is presented for General Fund, Low Income Housing Special Revenue Fund and Housing Successor Special Revenue Fund.

The City’s funds are required to adopt an annual budget prepared on a basis generally consistent with Generally Accepted Accounting Principles (GAAP).

Note 2 - Agent Multiple-Employer Defined Benefit Pension Plan (Miscellaneous Plan):

Schedule of Changes in the Net Pension Liability and Related Ratios

This schedule reports the beginning and ending balances of the total pension liability, the plan assets available for pension benefits (called plan net position), and the net pension liability, as well as the change in those amounts during the year presented by cause (similar to the note disclosure). It also reports the total pension liability, plan net position, net pension liability, a ratio of plan net position divided by the total pension liability, the payroll amount for current employees in the plan (covered-employee payroll), and a ratio of the net pension liability divided by covered payroll.

Schedule of Contributions

This schedule reports the agent multiple-employer’s contributions to the plan which are actuarially determined, the employer’s actual contributions, the difference between the actual and actuarially determined contributions, and a ratio of the actual contributions divided by covered payroll.

Note 3 - Cost-Sharing Employer Defined Benefit Pension Plan (Safety Plan)

Schedule of Proportionate Share of the Net Pension Liability

This schedule reports the proportion (percentage) of the collective net pension liability, the proportionate share (amount) of the collective net pension liability, the employer’s covered employee payroll, the proportionate share (amount of the collective net pension liability as a percentage of the employer’s covered employee payroll and the pension plan’s fiduciary net position as a percentage of the total pension liability.

Schedule of Contributions

This schedule reports the cost sharing employer’s contributions to the plan which are actuarially determined, the employer’s actual contributions, the difference between the actual and actuarially determined contributions.

EXHIBIT A
260
92 City of Livermore
Notes to Required Supplementary Information
Fiscal Year Ended June 30, 2025
Note 4 - Other Post-Employment Benefits
Schedule of Changes in the City’s Net OPEB Liability and Related Ratios This schedule presents information about the components of the net OPEB liability and related ratios, including the OPEB plan’s fiduciary net position as a percentage of the total OPEB liability, and the net OPEB liability as a percentage of covered-employee payroll.

Schedule of Contributions
This schedule reports the City’s contributions to the plan which are actuarially determined, the employer’s actual contributions, the difference between the actual and actuarially determined contributions, and a ratio of the actual contributions divided by covered-employee payroll.

EXHIBIT A
261
See Notes to Required Supplementary Information 93
City of Livermore
Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – General Fund Fiscal Year Ended June 30, 2025
Variance
Budgeted Amounts Final Budget
Actual Amounts Positive
Original Final Budgetary Basis (Negative)

REVENUES
Property taxes 60,623,772$ 60,571,418$ 60,419,621$ (151,797)$ Sales taxes 42,593,316 42,593,316 39,115,790 (3,477,526) Other taxes 24,054,312 24,054,312 24,765,680 711,368 Licenses and permits 4,264,000 4,259,000 7,781,680 3,522,680 Intergovernmental 3,833,548 3,833,548 4,306,137 472,589 Fines and forfeitures 387,000 387,000 483,035 96,035
Charges for current services 4,231,153 4,973,153 6,250,800 1,277,647 Use of money and property 6,147,501 7,287,501 12,813,161 5,525,660 Miscellaneous 840,900 840,900 1,262,801 421,901 Total Revenues 146,975,502 148,800,148 157,198,705 8,398,557

EXPENDITURES
Current:

General Government:

City Council 238,982 238,982 223,673 15,309
City Manager 5,193,796 5,593,434 5,302,677 290,757 City Attorney 2,562,959 2,713,244 2,660,944 52,300 Administrative Services 6,422,100 6,634,085 7,394,345 (760,260) General Services 7,127,289 5,544,978 2,870,931 2,674,047 Fire 27,779,939 28,495,534 28,618,005 (122,471) Police 46,454,564 48,826,371 48,030,349 796,022 Public Works 9,809,484 10,401,650 9,280,768 1,120,882 Community Development 20,797,983 21,338,334 19,703,075 1,635,259 Economic Development 3,045,566 3,661,099 3,722,065 (60,966) Library 7,172,141 7,567,209 7,578,813 (11,604) Capital Outlay 7,506,000 3,594,603 822,376 2,772,227 Debt service:

Principal 100,000 100,000 785,260 (685,260)
Interest and fiscal charges 17,500 17,500 18,360 (860)
Total Expenditurs 144,228,303 144,727,023 137,011,641 7,715,382

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 2,747,199 4,073,125 20,187,064 16,113,939

OTHER FINANCING SOURCES (USES)
Transfers in 1,555,206 905,500 526,133 (379,367) Transfers (out) (17,179,000) (25,601,214) (25,717,365) (116,151) Total Other Financing Sources (Uses) (15,623,794) (24,695,714) (25,191,232) (495,518) Net change in fund balance (12,876,595) (20,622,589) (5,004,168) 15,618,421$ Fund balance-beginning 92,047,744 92,047,744 92,047,744 Fund balance-ending 79,171,149$ 71,425,155$ 87,043,576$

GENERAL FUND

SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES

BUDGET AND ACTUAL
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

EXHIBIT A
262
See Notes to Required Supplementary Information 94
City of Livermore
Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual – Low Income Housing Special Revenue Fund
Fiscal Year Ended June 30, 2025
Variance
Positive
Budget Actual (Negative)

REVENUES
Charges for services 400,000$ 386,505$ (13,495)$
Use of money and property 135,217 598,319 463,102
Miscellaneous 100,000 175,987 75,987
Total Revenues 635,217 1,160,811 525,594

EXPENDITURES
Current:

Community Development 4,965,598 1,039,564 3,926,034 Capital Outlay: 350,000 - 350,000
Total Expenditures 5,315,598 1,039,564 4,276,034

EXCESS (DEFICIENCY) OF REVENUE
OVER EXPENDITURES (4,680,381) 121,247 4,801,628 Net change in fund balance (4,680,381)$ 121,247 4,801,628$ Fund balances - beginning, as restated 44,284,975
Fund balances - ending 44,406,222$

LOW INCOME HOUSING SPECIAL REVENUE FUND

SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES

BUDGET AND ACTUAL
FOR THE FISCAL YEAR ENDED JUNE 30, 2025

EXHIBIT A
263
See Notes to Required Supplementary Information 95
City of Livermore
Schedule of Changes in the Net Pension Liability and Related Ratios – Miscellaneous Plan Last Ten Fiscal Years
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
Total Pension Liability3
Service Cost 4,537,193$ 4,562,441$ 5,221,025$ 5,353,724$ 5,434,229$ 5,542,184$ 5,758,510$ 6,196,254$ 5,928,894$ 6,370,619$ Interest on total pension liability 17,148,686 18,070,523 18,672,998 19,302,859 20,616,830 21,754,166 22,490,655 23,169,756 24,292,885 25,329,298 Changes in assumptions4 (4,175,908) - 15,364,082 (2,304,595) - - - 10,174,287 326,411 - Differences between expected and actual experience (3,477,134) 1,428,415 (1,649,050) (921,100) 6,244,408 3,404,399 (2,611,847) (1,740,186) 3,767,894 2,806,006 Benefit payments, including refunds of employee contributions (10,512,026) (11,641,525) (11,823,392) (12,027,431) (13,100,635) (14,104,669) (14,879,565) (16,446,814) (17,651,962) (18,804,375) Net change in total pension liability 3,520,811 12,419,854 25,785,663 9,403,457 19,194,832 16,596,080 10,757,753 21,353,297 16,664,122 15,701,548 Total pension liability - beginning 234,806,289 238,327,100 250,746,954 276,532,617 285,936,074 305,130,906 321,726,986 332,484,739 353,838,036 370,502,158 Total pension liability - ending (a) 238,327,100$ 250,746,954$ 276,532,617$ 285,936,074$ 305,130,906$ 321,726,986$ 332,484,739$ 353,838,036$ 370,502,158$ 386,203,706$ Plan fiduciary net position
Contributions - employer 5,509,908$ 6,359,536$ 7,245,912$ 7,671,730$ 8,682,861$ 9,778,161$ 10,678,645$ 11,735,625$ 12,350,716$ 11,614,520$ Contributions - employee 1,995,107 2,089,854 2,145,822 2,298,455 2,383,496 2,349,388 2,345,433 2,310,862 2,339,012 2,842,955 Net investment income 3,984,421 936,187 19,644,077 16,437,015 13,686,966 10,900,291 51,699,700 (20,990,725) 15,725,328 25,647,150 Benefit payments (10,512,026) (11,641,525) (11,823,392) (12,027,431) (13,100,635) (14,104,669) (14,879,565) (16,446,814) (17,651,962) (18,804,375) Net plan to plan resource movement - - - (481) - - - - - - Administrative expense (201,583) (109,139) (260,907) (301,784) (147,841) (308,279) (227,049) (172,497) (186,297) (216,380) Other miscellaneous income/(expense) - - - (573,094) 481 - - - - - Net change in plan fiduciary net position 775,827 (2,365,087) 16,951,512 13,504,410 11,505,328 8,614,892 49,617,164 (23,563,549) 12,576,797 21,083,870 Total fiduciary net position - beginning 178,303,385 179,079,212 176,714,125 193,665,637 207,170,047 218,675,375 227,290,267 276,907,431 253,343,882 265,920,679 Total fiduciary net position - ending (b) 179,079,212$ 176,714,125$ 193,665,637$ 207,170,047$ 218,675,375$ 227,290,267$ 276,907,431$ 253,343,882$ 265,920,679$ 287,004,549$ Net pension liability - ending (a) - (b) 59,247,888$ 74,032,829$ 82,866,980$ 78,766,027$ 86,455,531$ 94,436,719$ 55,577,308$ 100,494,154$ 104,581,479$ 99,199,157$ Fiscal Year Ended 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 6/30/2022 6/30/2023 6/30/2024 6/30/2025 Plan fiduciary net position as a percentage of the
total pension liability 75.14% 70.48% 70.03% 72.45% 71.67% 70.65% 83.28% 71.60% 71.77% 74.31% Covered payroll 5 24,958,429$ 25,849,521$ 26,984,829$ 27,914,510$ 28,870,154$ 30,022,667$ 31,467,268$ 31,421,164$ 30,234,036$ 33,266,939$ Net pension liability as percentage of covered payroll 237.39% 286.40% 307.09% 282.17% 299.46% 314.55% 176.62% 319.83% 345.91% 298.19% Notes to Schedule
1 All Tiers of the Miscellaneous plan were combined on GASB 68 report by CalPERS. 3 Benefit changes: The figures above do not include any liability impact that may have resulted from plan changes which occurred after the June 30, 2017 valuation date.

This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes). 4 Changes in assumptions: Discount rates 7.50% 7.65% 7.65% 7.15% 7.15% 7.15% 7.15% 7.15% 6.90% 6.90% 5 Includes one year’s payroll growth using 2.75 percent payroll growth assumption for fiscal years ended June 30, 2018‐20; 3.00 percent payroll growth assumption for fiscal years ended June 30, 2014‐17. 2 This schedule is intended to show information for 10 years. Information in this schedule is not available prior to 2014. Additional years will be added to this schedule in future fiscal years until 10 years of data is presented.

SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS Miscellaneous Plan1
An Agent Multiple-Employer Defined Benefit Pension Plan Last 10 Years2
Measurement period ended June 30,

EXHIBIT A
264
See Notes to Required Supplementary Information 96
City of Livermore
Schedule of the Plan’s Proportionate Share of the Net Pension Liability and Related Ratios as of the Measurement Date – Safety Police Plan Last Ten Fiscal Years
Proportionate
share of the net Plan's proportionate
penion share of the fiduciary
Liability/(assets) net position as a
Measurement Proportion Proportionate as a percentage percentage of the period ended of the net share of the net Plan's covered of its plan's total pension Fiscal Year June 30, pension liability pension liability payroll 1 covered payroll liability ended June 30, 2015 0.62029% 25,558,797$ 9,776,879$ 261.42% 79.04% 2016 2016 0.63978% 33,135,364 10,874,918 304.70% 74.13% 2017 2017 0.64020% 38,253,169 11,599,156 329.79% 73.15% 2018 2018 0.66102% 38,785,811 12,310,910 315.05% 74.09% 2019 2019 0.67581% 42,187,668 13,023,674 334.38% 74.04% 2020 2020 0.69837% 46,528,122 12,779,176 364.09% 72.96% 2021 2021 0.79545% 27,916,195 12,987,878 214.94% 86.61% 2022 2022 0.79683% 54,723,769 13,844,914 395.26% 75.52% 2023 2023 0.79476% 59,408,142 16,035,015 370.49% 74.87% 2024 2024 0.80316% 58,556,931 15,596,537 375.45% 76.66% 2025 1 With the implementation of GASB 82, Covered Payroll is defined as the actual payroll on which contributions to a pension plan are based.

SCHEDULE OF THE PLAN'S PROPORTIONATE SHARE OF THE NET PENSION LIABILITY AND RELATED RATIOS AS OF THE MEASUREMENT DATE Safety Police Plan
A Cost Sharing Defined Benefit Pension Plan
Last 10 Years

EXHIBIT A
265
See Notes to Required Supplementary Information 97
City of Livermore
Schedule of Contributions – Miscellaneous Plan
Last Ten Fiscal Years*
Contributions in
relation to the
Fiscal year Actuarially actuarially Contributions Contributions as a ended determined determined deficiency Covered percentage of June 30, contributions contributions (excess) payroll covered payroll 2016 3 6,359,536$ (6,359,536)$ -$ 25,849,521$ 24.60% 2017 3 7,245,912 (7,245,912) - 26,984,829 26.85%
2018 3 7,671,730 (7,671,730) - 27,914,510 27.48%
2019 3 8,682,861 (8,682,861) - 28,870,154 30.08%
2020 2 9,778,161 (9,778,161) - 30,022,667 32.57%
2021 2 10,678,645 (10,678,645) - 31,467,268 33.94%
2022 2 11,735,625 (11,735,625) - 31,421,164 37.35%
2023 2 12,350,716 (12,350,716) - 30,234,036 40.85%
2024 2 11,614,520 (11,614,520) - 33,266,939 34.91%
2025 2 12,927,306 (12,927,306) - 35,104,742 36.82%
Entry age normal
Level percentage of payroll
Market value of assets

2.50%
Varies by Entry Age and Service

2.80%

6.90%, net of pension plan investment expense, including inflation. 50 years
Benefit changes: None
Changes in assumptions: None
1 All Tiers of the Miscellaneous plan were combined on GASB 68 report by CalPERS. 2 As prescribed in GASB 68, paragraph 46, the information presented is from the most recent year 3 Fiscal years noted in this table match with the fiscal years presented in the GASB 68 actuarial valuation report

SCHEDULE OF CONTRIBUTIONS
Miscellaneous Plan1
An Agent Multiple-Employer Defined Benefit Pension Plan A fixed 30-year period with the increases or decreases in the rate spread directly over a 5- Asset valuation method
Last 10 Years
Notes to Schedule
Inflation
Methods and assumptions used to determine
Actuarial cost method
Amortization method
Amortization period
Retirement age
Mortality The probabilities of mortality are based on the 2017 CalPERS Experience Study for the period Salary increases
Payroll growth
Investment rate of return

EXHIBIT A
266
See Notes to Required Supplementary Information 98
City of Livermore
Schedule of Contributions – Safety Police Plan
Last Ten Fiscal Years*
Contributions in
Fiscal year Actuarially relation to the Contributions Contributions as a ended determined actuarially determined deficiency Covered percentage of June 30, contributions contributions (excess) payroll 1 covered payroll 2016 2 2,894,745$ (2,894,745)$ -$ 10,332,152$ 28.02% 2017 2 3,301,561 (3,301,561) - 10,874,918 30.36% 2018 2 3,759,899 (3,759,899) - 11,599,156 32.42% 2019 2 4,387,258 (4,387,258) - 12,310,910 35.64% 2020 3 5,095,707 (5,095,707) - 13,023,674 39.13% 2021 3 5,548,843 (5,548,843) - 12,779,176 43.42% 2022 3 5,916,978 (5,916,978) - 12,987,878 45.56% 2023 3 6,516,715 (6,516,715) - 13,844,914 47.07% 2024 3 6,837,202 (6,837,202) - 16,035,015 42.64% 2025 3 7,783,173 (7,783,173) - 15,596,537 49.90% Changes in assumptions: None
1 Covered Payroll is defined as the actual payroll on which contributions to a pension plan are based. 2 Fiscal years noted in this table match with the fiscal years presented in the GASB 68 actuarial valuation report 3 As prescribed in GASB 68, paragraph 46, the information presented is from the most recent year Benefit changes: None
Notes to Schedule

Livermore City CouncilJanuary 26, 2026

Livermore City Council
January 26, 2026