Presents a
Proposal Summary
2100i
Truck Mounted Single Engine
Combination Sewer Cleaner
For
City of Livermore
ATTACHMENT 2
603
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
BASIC
MODEL
Vacuum System
Model Type
Water Flow
Chassis Source
Controls
Roots 824-18 Blower
Combo
70.0 Customer
Debris Body Capacity (cu.yd.)
Water Capacity
Water Pressure
Water Tank Material
Blower High Temp Shutdown
12.0 1500
3000
Aluminum
true
CHASSIS
PSIT370A-2026-E Chassis - Tandem Axle -2026 International HV607 SBA - 370 HP - Auto -66 -000 GVWR - EPA24
STANDARD FEATURES
011iSTD Aluminum Fenders
012iSTD Mud Flaps
016iSTD Color Coded Sealed Electrical System
019iASTD Intuitouch Electronic Package
020iSTD Double Acting Hoist Cylinder
025iASTD Handgun Assembly
026iSTD Ex-Ten Steel Cylindrical Debris Tank
030iSTD Flexible Hose Guide
032iSTD (3) Nozzles with Carbide Inserts w/Rack
045iSTD Suction Tube Storage
046iSTD 1" Nozzle Pipe
1001iSTD Flat Rear Door w/Hydraulic Locks
1005iSTD Dual Stainless Steel Float Shut Off System
1011iSTD Microstrainer Prior to Blower
1023iSTD Lube Manifold, with Lube Chart
1024iSTD Debris Body Vacuum Relief System
1031iSTD Debris Deflector Plate
1033iSTD 60" Dump Height
1041iSTD Debris Body-Up Message and Alarm
ATTACHMENT 2
604
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
2001iSTD Low Water Indicator On Screen w/Alarm and Water Pump Flow Indicator
2011iSTD 3" Y -Strainer at Passenger Side Fill with 25' Fill Hose 2022iSTD Additional Water Tank Sight Gauge
2023iSTD Liquid Float Level Indicator
3019iSTD Digital Water Pressure Gauge
4006iSTD Front Joystick Boom Control
4010iSTD Boom Hose Storage
4017iSTD Boom Out of Position Message and Alarm
5011iSTD 3"Y -Strainer @ Water Pump
5015iSTD Midship Handgun Coupling
5019iSTD Chassis Engine Cooling Package
5022iSTD Side Mounted Water Pump
6005iDSTD Digital Hose Footage Counter
6007iSTD Hose Reel Manual Hyd Extend/Retract
6009iSTD Hose Reel Chain Cover
6017iSTD Hydraulic Tank Shutoff Valves
6019iSTD Rodder Pump Drain Valves
6020iBSTD Hydraulic Extending 15" - Rotating Hose Reel - 1" x800' Capacity
7001iSTD Tachometer/Chassis Engine w/Hourmeter
7003iSTD Water Pump Hour Meter
7004iSTD PTO Hour Meter
7005iSTD Hydraulic Oil Temp Alarm
7007iSTD Tachometer & Hourmeter/Blower
8000iSTD Circuit Breakers
8025iSTD LED Lights- Clearance- Back-up- Stop- Tail & Turn 9002iSTD Tow Hooks- Front and Rear
9003iSTD Electronic Back-Up Alarm
i110STD Module Paint- DuPont Imron Elite - Wet on Wet
S390BSTD 7" Vacuum Pipe Package
ATTACHMENT 2
605
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
S560STD Emergency Flare Kit
S590STD Fire Extinguisher 5 Lbs.
BOOM
4011iB Bellypack Wireless Controls with hose reel controls- 2-way communications- and LCD Display
4013i Rotatable Boom Inlet Hose
4016i 180 deg. 10' x 15' Rapid Deployment Boom
5029iA RDB Washout Coupling
DEBRIS BODY
1015iBKSTD Fixed Rear Door Pipe Rack -7" Pipe
1016iASTD "Subframe Mounted -2 Pipe Rack -7"
1005iA S.S Float Ball Cage for Float Shut Off System
1014i Centrifugal Separators (Cyclones)
1015iAB Folding Pipe Rack - Streetside -7" Pipe
1015iG Folding Pipe Rack - Curbside -7" Pipe
1022i Rear Door Splash Shield
3021i Digital Debris Body Level Indicator Tied to Vacuum Relief 1003i Debris Body Flushout
1003iB Rear Door Valve Flushout
4020i Anti Splash Valve- Body Inlet
5029i Cyclone Washout System
VACUUM OPTIONS
3015i Front Blower Controls
3017i Blower High Temp Safety Shutdown
6019iA Final Filter and Silencer Ball Valve Drains
ATTACHMENT 2
606
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
REAR DOOR
1007i 6" Rear Door Butterfly Valve - 3:00 position
1008iA 6" Rear Door Knife Valve w/Camloc w/Port -6:00 position 1009iD Full Rear Door Swinging Screen
HOSE REEL
6004iD Rodder Hose Pinch Roller
6005iA Additional Hose Footage Counter, Rear of Hose Reel 6014i High Pressure Hose Reel
6025iE Hose Wind Guide (Dual Roller)- Auto- Power Indexing 6027iA 25' Leader Hose ( in lieu of standard)
8030i Hose Reel Wrapped for Delivery
WATER TANKS
2018i Additional Water- 1500 Gal Total
3020i Digital Water Level Indicator
5015i Handgun Couplers- Front and Rear
MISCELLANEOUS
8024i Amber Lights for Flashing Light Package
9023i Safety Cone Storage Rack - Drop in Style
CM-PSIT370A-2026-01 Chassis Modifications - 2026 International PSIT370A
LIGHTING
8001iN Front Directional Control- LED Arrowstick
8002i Corded- Hand Light w/Bumper Plug
8002iA Wireless- Waterproof- Rechargable- Handheld- LED Spot Light w/12V Charger
8004iF Rear Mounted- LED Beacon Light w/ Limb Guard
8020iL 14 Light Package- 14 Federal Signal Strobe Lights- LED 8027i LED Mid-Ship Turn Signals
ATTACHMENT 2
607
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
8028iA Worklights (2), Self-Leveling Boom LED
8029i Worklights (2)- LED- Rear Door
8029iA Worklight- LED- Operators Station
8029iB Worklight- LED- Hose Reel Manhole
8029iC Worklight- LED- Passenger Side
8029iD Worklight- LED- Driver Side
9021iA Camera System- Front and Rear
PAINT
Cab Paint Color
Cab Paint Color Code
Module Paint Color
Module Paint Code
White
White
i124STD Vactor 2100i Body Decal- Standard
V-LOGO-APPL. Vactor Logos - Applied
TOOLBOX
010i Operator Station Curbside Toolbox - with Lighting
018i Remote Pendant Control With Cord
6031i Front Hose Reel Tool Storage
9070iA Toolbox- Front Bumper Mounted- 16 x 12 x 18 w/(2) LED Side Markers
9070iB Long Handle Tool Storage
9071iEL Toolbox- Behind Cab - 16w 30h x 96d - with Lighting 9072iBL Toolbox- Driver Side Chassis Frame- 24w x 24h x 24d - with Lighting
9073iAL Toolbox- Passenger Side Chassis Frame- 30w x 18h x 24d - with Lighting
9074iAL Toolbox- Driver Side Subframe- 18w x 24h x 24d - with Lighting ATTACHMENT 2
608
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
WATER ACCESSORIES
5010iA Rodder System Accumulator - Jack Hammer on/off Control at Hose Reel
5021iC Hydro Excavation Kit - Includes Lances w/ Shield- NozzlesStorage Tray- and Vacuum Tube
WATER SYSTEM
5003iA 70 GPM/3000 PSI Jet Rodder pump
SPECIAL REQUESTS
R16721 Piranha rodder hose 3/4" x 800' 3000 PSI
R31193 110 Volt, 3000 Watt, GFCI Electrical Outlet, Passenger Side; Inverter mounted/located in back of cab toolbox
R18102 Whelen toolbox lights
R34668 Boom work lights; 4 oriented down and 1 upward on the RDB Boom
R33691 Rear Directional Arrow Board; Whelen model TA166AL5, LED, Amber, Large
R26341 Behind cab toolbox, 16W x 30H x 96D; w/2 slide out trays in bottom of toolbox
R19943 25 gallon chemical tank
R49991 Lighted Passenger Side Toolbox 16Hx12Dx54L
R49994 Additional Water Tank Plug located on driver side rear water tank
R49995 4 - Whelen (M6) Strobe & Operation light on driver and passenger sides in front and behind midship turn
R49992 50' Retractable Electric cord mounted on top of operators station Toolbox
R15139 Long Handle Tool Storage - Subframe
R25734
SON-3US
KEG-ASR 3/4
SRK
Mount cone racks behind tandem and in front of rear bumper 3-User Kit
Aqua Power ¾ , Sewer ¾ , Rambo ¾ - Nozzle Kit
20’ Shark Leader Hose
ATTACHMENT 2
609
2100i
Quote Number:-2025-79647
Date:- 4-29-2026
Sourcewell Price for One (1) Vactor 2100i….……………………………………………….……………...…………$726,762.00 Tax @ 10.25%.............................................................................................................................$74,493.11 Total Price FOB Livermore….……………..………….……...…………………………………………………………...$801,255.11 Registration and Training Included
SOURCEWELL: 101221-VTR
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY
EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is Valid July, 1 2026. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
FACTORY VISIT FOR 2 INCLUDED:
A site visit to the manufacturing facility is included in the purchase, allowing your team to observe the production process and review quality control measures for your new truck. This ensures full transparency and confidence in the build prior to delivery.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY ESTIMATE: 12-14 Month ARO TERMS: Net 10 or Approved Lease Please feel free to call with any questions.
Alex Grijalva
Account Territory Manager
Mobile: (916) 675-2105
1085 Horizon Dr. | Fairfield CA. 94533
Owen Equipment
ATTACHMENT 2
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2100i
Quote Number:-2025-79647
Date:- 03-17-2025
Page9 of 10
Team Member :- John Abramowski
Tel : -
ATTACHMENT 2
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2100i
Quote Number:-2025-79647
Date:- 4-29-2026
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ATTACHMENT 2
612
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE ISSUANCE OF A PURCHASE
ORDER TO OWEN EQUIPMENT IN AN AMOUNT NOT-TO-EXCEED
$801,255 FOR ONE REPLACEMENT COMBINATION SEWER
CLEANER AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION
FROM THE WATER RESOURCES FUND TO FUND THE PURCHASE
The City of Livermore Water Resources Division of the Public Works Department utilizes combination sewer cleaners for a variety of construction and maintenance activities, including cleaning sewer lines to prevent backups and overflows. The City’s Fleet Policy currently recommends the replacement of one of the City’s combination sewer cleaners.
Livermore Municipal Code section 2.68.360 permits the purchase of certain goods and services through qualifying cooperative purchasing programs. Livermore Municipal Code section 2.68.370 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.
Vactor Manufacturing, a division of Federal Signal (“Supplier”) holds a Sourcewell (formerly National Joint Powers Alliance) competitively bid cooperative purchasing contract for sewer vacuums and combination sewer cleaners. The Sourcewell cooperative purchasing program meets the requirements of the Livermore Municipal Code.
On or about October 3, 2025, the City received a quote from Owen Equipment Sales d/b/a Owen Equipment (“Dealer”), an authorized dealer of sewer vacuums and combination sewer cleaners manufactured by Supplier, for one 2026 Vactor 2100i truck mounted single engine combination sewer cleaner in the amount of $801,255. Dealer agreed the quoted price would remain valid until July 1, 2026.
As a result of market fluctuations, scarcity of materials globally, and a volatile labor market, cost adjustments may become necessary during the term of this purchase order. A financial contingency in an amount not to exceed ten percent (10%) of the quoted purchase price is necessary to allow staff to adjust pricing to cover potential price increases. Any price increase requested by Dealer must be submitted at least 30 days before the requested implementation date. If Dealer finds it necessary to request a cost adjustment, Dealer must provide notice in a timely, fair, and equitable manner with evidence satisfactory to the City documenting the reason(s) for and actual cost of the price increase.
The funding for the replacement combination sewer cleaner is budgeted in the Fleet Services Internal Service Fund (730) for FY 2025-26. The inflated cost of vehicle purchases and outfitting in FY 2025-26 has exceeded the annual budgeted amount 613
2 RESOLUTION NO. ________
requiring $801,255 to be appropriated in FY 2025-26 to complete the purchase of the replacement combination sewer cleaner. As a result, a supplemental appropriation from the Water Resources Fund (620) is needed to purchase the replacement vehicle.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:
1. Authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with Owens Equipment Sales d/b/a Owen Equipment in an amount not-to-exceed $801,255 for the purchase and delivery of a 2026 Vactor 2100i truck mounted single engine combination sewer cleaner in accordance with the terms, specifications, and general provisions specified in Sourcewell Contract #101221-VTR and section 2.68.370 of the Livermore Municipal Code.
2. Approves a financial contingency in an amount not to exceed ten percent (10%) of the quoted purchase price for cost adjustments that may become necessary to cover potential price adjustments.
3. Authorizes a supplemental appropriation of $801,255 from the Water Resources Fund (620) for the purchase of one 2026 Vactor 2100i truck mounted single engine combination sewer cleaner.
4. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution, including approving cost adjustments in an amount not to exceed 10% of the quoted purchase price.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Helena Graves Molly A. O’Toole
Acting City Clerk Assistant City Attorney
614
CITY COUNCIL STAFF REPORT ITEM NO. 6.14
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Resolution designating the City Manager as the City's agent for federal and state disaster assistance and naming the City Engineer and Assistant City Engineers as the City Manager's Designees.
RECOMMENDED ACTION
Staff recommends City Council adopt a resolution designating the City Manager as the City's agent for federal and state disaster grant assistance and designating the City Engineer and Assistant City Engineers as the City Manager's Designees.
DECISION TYPE
Administrative
SUMMARY
To maintain eligibility to receive state and federal financial assistance with the California Governor’s Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA), a resolution must be adopted by the governing body that designates authorized agents to act on behalf of the applicant to submit and execute applications and agreements with state and federal agencies.
On April 24, 2023, the City Council adopted a resolution designating the City Manager, City Engineer, and Assistant City Engineers as the City of Livermore’s authorized agents to engage with Cal OES and FEMA. This resolution remains in effect for three years from the date of approval, expiring on April 24, 2026. To ensure continued eligibility for these funds, the City Council must adopt a new resolution extending these designations for an additional three-year period.
DISCUSSION
Since 2017, the City has applied for and received state and federal disaster assistance to reimburse eligible costs associated with repairing storm damage sustained from severe weather events in 2017 and 2023. Repair work is ongoing, with some projects already completed. Staff have consistently coordinated with Cal OES and FEMA, including submitting reimbursement requests, and will continue to do so as 615
additional work is completed.
In order to remain eligible for financial assistance, Cal OES requires a resolution designating the applicant’s authorized agents to sign and submit applications and agreements for disaster assistance.
This resolution must be renewed every three years. Resolution No. 2023-060, which applies to all open and future disasters for a three-year period, was adopted on April 24, 2023. To maintain eligibility for these funds, the City Council must adopt a new resolution extending this authority for an additional three years. Exhibit A is the standard Cal OES Form 130 that specifies the agents approved by the governing body who are authorized to provide all required assurances and agreements to Cal OES for disaster assistance.
In addition to the City Manager, the City Engineer and Assistant City Engineers are designated as authorized agents to act on behalf of the City in administering grant activities, as these roles are directly involved in the oversight and implementation of capital projects and are best positioned to manage the technical and day-to-day requirements of disaster recovery efforts. Responsibilities typically include project management tasks such as coordinating with state and federal agencies, preparing and submitting quarterly reports, requesting time extensions or scope modifications, submitting reimbursement requests, and responding to audit inquiries.
FISCAL AND ADMINISTRATIVE IMPACTS
If adopted, the City may continue participating in federal and state disaster assistance for another three years and receive funding.
COMMUNITY PILLAR
1: A Safe Community That Thrives
GOAL
1: Oversee the City’s emergency preparedness, management, and response efforts
ATTACHMENTS
1. Resolution
2. Exhibit A - CalOES Form 130 Designation of Applicant's Agent Resolution for Non-State Agencies
Prepared by: Pam Lung
Special Projects Coordinator
616
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
617
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION DESIGNATING THE CITY MANAGER AS THE CITY'S
AGENT FOR FEDERAL AND STATE DISASTER ASSISTANCE AND
NAMING THE CITY ENGINEER AND ASSISTANT CITY ENGINEERS
AS THE CITY MANAGER'S DESIGNEES
The City of Livermore (“City”) has applied for and receives federal and state disaster assistance. Pursuant to the California Governor’s Office of Emergency Services, a resolution designating an applicant’s authorized agents to sign and submit applications and agreements for disaster assistance with state and federal agencies is required in order to be eligible for funding.
A new resolution must be submitted every three years. A resolution making such designation for the City was approved on April 24, 2023 (Resolution 2023-060) and expires on April 24, 2026. In order to continue to be eligible for these funds, the City Council must approve a new resolution to continue this designation for another three years.
The City Manager, the City Engineer, and Assistant City Engineers are listed as authorized agents to act on behalf of the City in administering grant activities. This is a universal resolution and is effective for all open and future disasters/grants up to three years following the date of approval below.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that the City Manager, City Engineer, or Assistant City Engineers are hereby authorized to execute for and on behalf of the City of Livermore, a public entity established under the laws of the State of California, the Designation of Applicant’s Agent Resolution for Non-State Agencies, attached hereto as Exhibit A, and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to the grant programs set forth in Exhibit A.
BE IT FURTHER RESOLVED, that the City of Livermore, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
BE IT FURTHER RESOLVED, that this is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
BE IT FURTHER RESOLVED, that the City Clerk is authorized to submit the Designation of Applicant’s Agent Resolution for Non-State Agencies, attached hereto as Exhibit A, with the information contained in this resolution. 618
2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Helena Graves Tara Mazzanti
Acting City Clerk Senior Assistant City Attorney
Exhibit A – CalOES Form 130 Designation of Applicant’s Agent Resolution for Non-State Agencies
619
EXHIBIT A Page 1 of 4
620
EXHIBIT A Page 2 of 4
621
EXHIBIT A Page 3 of 4
622
EXHIBIT A Page 4 of 4
623
CITY COUNCIL STAFF REPORT ITEM NO. 6.15
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Resolution calling for and giving notice of the holding of a General Municipal Election and consolidating services with Alameda County on Tuesday, November 3, 2026, for the election of certain officers of the City.
RECOMMENDED ACTION
The City's General Municipal Election is scheduled for Tuesday, November 3, 2026. Staff recommends the City Council adopt a resolution calling for the election and directing the City Clerk, in cooperation with the Alameda County Registrar of Voters, to conduct the election and request consolidation from the Alameda County Registrar of Voters.
DECISION TYPE
Legislative
SUMMARY
The purpose of this election is to elect a Mayor at-large for a two-year term and two members of the City Council, each for a four-year term, from the following districts:
1 Vacancy – District 1 City Council 4-year term to expire 11/2030 1 Vacancy – District 2 City Council 4-year term to expire 11/2030
DISCUSSION
Pursuant to the State of California Elections Code, the nomination period for the positions of Mayor and City Council Members opens Monday, July 13, 2026, at 8:00 a.m. and closes Friday, August 7, 2026, at 5:00 p.m. Per the California Elections Code, if any incumbent does not file papers by 5:00 p.m. on August 7, 2026, the nomination period is to be extended for five days, until Wednesday, August 12, 2026, at 5:00 p.m., for any qualified candidate except the incumbent.
Candidates are required to pay the full cost of printing a candidate's statement in the sample ballot.
Costs include translating, typesetting, printing and mailing. Candidates pay a deposit and are billed for 624
the remainder of the costs after the election. Staff recommends that candidates pay a $500 deposit for the 2026 election.
FISCAL AND ADMINISTRATIVE IMPACTS
The estimated cost for the November 3, 2026, election provided by the Alameda County Registrar of Voters is $5 - $7 per registered voter (excluding sample ballot cost and Spanish, Chinese, Tagalog and Vietnamese translation). Currently there are 58,050 registered voters in Livermore, estimating the cost to be between $290,250 and $406,350. Staff anticipates the actual cost for the November 3, 2026, election to be at the lower end of the estimate provided by the Registrar of Voters based on the expenses incurred from past elections as shown in the following table:
Year
Number of Registered
Voters
Cost per Registered Voter Consolidation Election Costs
2024 56,567 $4.63 $261,905
2022 56,968 $5.30 $301,943
2020 58,287 $5.21 $303,725
2018 52,641 $4.16 $219,316
2016 51,854 $1.77 $92,298
2014 48,407 $1.61 $77,975
The total amount budgeted for the November 3, 2026, election is $385,000 including estimations for printing, translations, binding, and mailing costs for sample ballots and voter information pamphlets, resident education and outreach.
COMMUNITY PILAR
1: A City That Works
GOAL
1: Engage effectively with the Mayor and City Council
ATTACHMENTS
1. District Map
2. Resolution
Prepared by: Helena Graves
Acting City Clerk
625
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
626
^ 2020 Census Redistricting Data. Adjusted for
incarcerated populations
+ 2015-2019 American Community Survey Special
Tabulation
* Calculated pursuant to OMB BULLETIN NO. 00-02
#
Population^ Citizen Voting Age Population+
Total Deviation Total Latino* Asian* Black* NHWhite
1 21,778 -1.0% 14,799 20.3% 11.8% 3.6% 62.7%
2 21,910 -0.4% 15,242 15.0% 15.3% 3.4% 65.0%
3 22,461 +2.1% 16,030 10.8% 11.1% 2.9% 74.2%
4 21,857 -0.7% 15,883 12.6% 8.8% 0.9% 76.0%
Total 88,006 3.1% 61,954 14.6% 11.7% 2.6% 69.6%
Ideal 22,002
Final Plan
Prepared by
ATTACHMENT 1
627
RESOLUTION NO. _______
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION CALLING FOR AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION IN THE CITY
OF LIVERMORE TO BE CONSOLIDATED WITH THE
STATEWIDE GENERAL ELECTION ON NOVEMBER 3, 2026
A General Municipal Election is to be held on Tuesday, November 3, 2026, in the City of Livermore; and
Certain actions are required in connection with said election.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the General Municipal Election to be held in the City of Livermore on November 3, 2026, is hereby called.
BE IT FURTHER RESOLVED by the City Council of the City of Livermore, California, that:
Section 1. Under the requirements of the laws of the State of California relating to general law cities within the State, there is hereby called and ordered to be held in the City of Livermore, County of Alameda, State of California, on Tuesday, November 3, 2026.
Section 2. A general municipal election of the qualified electors of the City of Livermore will be conducted for the following offices on the November 3, 2026 ballot:
1 Vacancy – At Large Mayor 2-year term to expire 11/2028 1 Vacancy – District 1 City Council 4-year term to expire 11/2030 1 Vacancy – District 2 City Council 4-year term to expire 11/2030 Section 3. Voting shall be available in the following ways:
a) Early Voting at the Alameda County Registrar of Voters office and Vote by Mail Ballots will be available beginning October 5, 2026. b) 11-day vote centers starting October 24, 2026 from 9:00 a.m. to 5:00 p.m. each day for early voting in Alameda County. They will open from 7:00 a.m. to 8:00 p.m. on Election Day.
c) 4-day vote centers starting October 31, 2026 from 9:00 a.m. to 5:00 p.m. each day for early voting in Alameda County. They will open from 7:00 a.m. to 8:00 p.m. on Election Day.
d) Day of Election polling locations shall remain open continuously from 7:00 a.m. until 8:00 p.m. of the same day when the polls shall be closed. 628
RESOLUTION NO. _______
Section 4. Notice of the time and place of holding the election is hereby given and the City Clerk is directed to give such further or additional notice of the election in the time, form, and manner as required by law.
Section 5. Under Elections Code section 10002, the City Council of the City of Livermore requests the Alameda County Board of Supervisors to permit the Registrar of Voters to render assistance in all required election services in the conduct of the November 3, 2026 municipal election. The requested services include, but are not limited to, the following:
a) Precinct consolidation, establishment of voting centers, securing election officers, preparing and mailing notices of appointment and publication of precinct officers and vote center locations;
b) Typesetting, printing, and translating sample ballots, which includes ballot notifications, ballot arguments, statements of candidates' qualifications, and mailing to registered voters; c) Printing of official ballots;
d) Purchasing precinct supplies and vote by mail voter supplies; e) Providing for vote by mail voting;
f) Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers;
g) Tabulation of votes;
h) Canvassing and certifying to the City Clerk the results of elections; and i) All things necessary or incidental to the above in accordance with California election law in effect at the time of the election or other functions as may be requested from time to time by the City.
Section 6. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Alameda.
Section 7. The County Election Department is authorized to canvass the returns of the election.
Section 8. In all particulars not recited in this resolution, the election shall be 629
RESOLUTION NO. _______
held and conducted as provided by law for holding municipal elections.
Section 9. Procedures for this election shall be as follows:
a) A tie vote shall be decided by lot.
b) Each candidate shall pay the full cost of printing that candidate's statement in the sample ballot.
c) Candidates' statements shall be limited to 200words.
Section 10. This resolution shall take effect immediately.
On motion of Council Member ______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Katherine Mirassou
Helena Graves Katherine Mirassou
Acting City Clerk Assistant City Attorney
630
CITY COUNCIL STAFF REPORT ITEM NO. 6.16
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution authorizing the execution of a three-year agreement with Eide Bailly, LLP for auditing services in an amount not-to-exceed $555,000 for fiscal years 2025-26 through 2027-28.
RECOMMENDED ACTION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a three-year agreement with Eide Bailly, LLP for auditing services in an amount not-to-exceed $555,000 for fiscal years 2025-26 through 2027-28.
DECISION TYPE
Administrative
SUMMARY
All local government entities are required to have an independent audit of their annual financial statements.
The City has been in contract with Eide Bailly for the last five years to provide auditing services. City staff propose continuing with Eide Bailly through the next three years.
DISCUSSION
The City is required to undergo an audit of its year-end financial reports and the supporting accounting records by independent auditors. The independent auditors play an important and reassuring role in testing and evaluating the City’s system of internal controls and overall financial management for signs of strengths and weaknesses and reporting the results. The auditors also perform compliance testing and assist in the preparation of reports required by the State and Federal governments.
The City’s current two-year agreement has ended with the completion of the annual financial audit for the fiscal year ended June 30, 2025. Staff is working through its transition to a new financial system that went live in FY 2024-25. Staff has had a positive working relationship with Eide Bailly especially during 631
the transition from the City's old financial software system to the new financial software system during the FY 2024-25 audit. Staff would like to continue using Eide Bailly for the City's auditors for the next three years to increase knowledge of how the new financial system works in preparing the Annual Comprehensive Financial Report (ACFR). Staff will issue a Request for Proposal for audit services at the end of the three-year contract to select a new audit firm.
Staff recommends that City Council award a professional services agreement for auditing services to Eide Bailly. The proposed agreement would provide audit services for three fiscal years, FY 2025-26 through FY 2027-28.
FISCAL AND ADMINISTRATIVE IMPACTS
The total amount of the three-year agreement is not to exceed $555,000, with the base audit fee of $502,217 and a contingency of $52,783 for the federal awards audit and other reports if required.
This fee is shared amongst the General Fund, Measure BB funds, and certain other funds, which require compliance reporting. The amount for fiscal years 2025-26 and 2026-27 audit has already been incorporated into the approved budget, therefore no additional appropriation is required at this time.
COMMUNITY PILLAR
5: A City That Works
GOAL
17: Ensure effective use of public resources.
ATTACHMENTS
1. Resolution
2. Exhibit A - Eide Bailey Contract
Prepared by: Erik Peterson
Finance Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
632
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF A THREE-YEAR
AGREEMENT WITH EIDE BAILLY, LLP FOR AUDITING SERVICES IN AN AMOUNT NOT-TO-EXCEED $555,000 FOR
FISCAL YEARS 2025-26 THROUGH 2027-28
The City of Livermore (“City”) is required to undergo an audit of its year-end financial reporting and the supporting accounting records by independent auditors. The independent auditors play an integral role in testing and evaluating the City’s internal controls and overall financial management for strengths and weaknesses and for reporting these results.
The City has been in contract with Eide Bailly LLP for the last five years to provide auditing services. City staff would like to continue with Eide Bailly LLP through the next three fiscal years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager to execute a professional services agreement with Eide Bailly LLP for auditing services for fiscal years 2025-26 through 2027-28, attached hereto as Exhibit A, in an amount not to exceed $555,000.
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena L Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – Eide Bailly Contract
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2026, by and between the City of Livermore (“City”), a municipal corporation, and Eide Bailly LLP (“Consultant”), a Minnesota limited liability partnership.
RECITALS
City requires professional services to provide independent auditing services and preparation of financial reports.
Consultant represents and warrants that it possesses the distinct professional skills, qualifications, experience, and resources necessary to timely perform the services described in this Agreement. Consultant acknowledges City has relied upon these representations and warranties as inducement to award this Agreement to Consultant.
AGREEMENT
NOW, THEREFORE, City and Consultant hereby agree that the aforementioned recitals are true and correct and further agree as follows:
1. Retention as Consultant. City hereby retains Consultant, and Consultant 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.
Consultant is and shall at all times remain as to City a wholly independent contractor during the term of this Agreement.
(b) Consultant and its personnel performing the Services on behalf of Consultant are not City officers or employees. Consultant’s personnel shall at all times be under Consultant’s exclusive direction, control, supervision, and management.
Consultant, 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 Consultant’s personnel. (c) Consultant and its personnel providing the Services shall not qualify for or become entitled to, and hereby waive any claims to, any compensation, benefit, or any incident in employment by City, including but not limited to enrollment in the California Public Employees Retirement System (PERS) as an employee of City and any entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
(d) Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall not incur or have the power Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
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to incur any debt, obligation, or liability whatsoever against City, and shall have no authority, express or implied, to bind City to any obligation whatsoever.
3. Description of Services. Consultant 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. Consultant’s Responsibilities. Consultant, at its own cost and expense, shall:
(a) Coordinate the Services with Erik Peterson, Finance 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 to the highest industry standards when performing the Services required hereunder. For the purposes of this Agreement the phrase “highest industry standards” means those professional standards recognized by one or more professional consultants performing similar Services under similar circumstances within City’s region;
(c) Provide the resources and assign competent Consultant personnel necessary to complete the Services in a timely manner;
(d) Provide all facilities, goods, materials, and equipment that may be necessary for Consultant’s personnel to provide the Services. City may furnish physical facilities such as desks, filing cabinets, and conference space that may be reasonably necessary for Consultant’s use for the Services, but in no event shall City be required to furnish any facilities that involve incurring a direct expense such as computer, software, long-distance telephone or other communication charges, vehicles, or document reproduction facilities;
(e) Obtain and keep in effect during the term of this Agreement all necessary licenses, permits, qualifications, insurance, and approvals legally and professionally required for Consultant to practice its profession and 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;
(f) Obtain and complete the appropriate City forms for the City to pay Consultant 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 Consultant 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 Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
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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; (g) 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;
(h) 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;
(i) Only invoice City for the Services rendered. Consultant’s invoice shall be in writing and describe the Services performed for the payment requested, and if requested by the Project Manager, Consultant shall certify the correctness of any invoice or invoices for Services provided. Consultant shall not submit an invoice to City more frequently than once a calendar month;
(j) 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 Consultant and must include time sheets, work progress reports, and other documentation to adequately explain all the Services invoiced for payment. Consultant shall make the invoices and records immediately available to City upon delivery of a written request to examine, audit, or copy them electronically during normal business hours. If City requests to take possession of the invoices and records, then Consultant and City shall coordinate delivery of the invoices and records to City in the most efficient manner possible;
(k) Be available to the Project Manager, City staff, and other parties referred to Consultant by the Project Manager to answer questions or inquiries related to the Services or invoices;
(l) 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;
(m) Correct all errors in the Services.;
(n) 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; and,
(o) If applicable, Consultant shall ensure that all work for compensation is provided in compliance with the requirements of the California Labor Code including but Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
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not limited to hours of labor, nondiscrimination, payroll records, apprentices, worker’s compensation and prevailing wages.
5. Term. The term of this Agreement commences on May 12, 2026, and terminates upon the completion of the Services or June 30, 2029, whichever occurs first.
6. Termination by City. City may terminate any portion or all of the Services by giving Consultant at least 30 calendar-days’ written notice. Upon receipt of a termination notice, Consultant shall immediately stop all work in progress on the Services except where necessary to preserve the benefit of the work, and Consultant 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 Consultant in accordance with and subject to Section 7.
7. Compensation and Payment.
(a) The total compensation payable by City to Consultant for the Services SHALL NOT EXCEED the sum of $ 555,000 ("not-to-exceed amount"). (b) City shall compensate Consultant for the Services rendered at the hourly rates or task amounts set forth in Exhibit B Fee Schedule, and shall reimburse Consultant for travel expenses and other costs that are identified in Exhibit B, up to the not-to-exceed amount.
(c) Consultant and City acknowledge that compensation paid by City to Consultant pursuant to this Agreement is based upon Consultant’s estimated costs to provide the Services, including the salaries and benefits paid by Consultant to its personnel. Consequently, Consultant and City further agree that compensation paid by City to Consultant is intended to include the costs of contributions to any pensions or annuities, or both, to which Consultant and its personnel may be eligible, and that City has no responsibility for contributions beyond the compensation paid to Consultant under this Agreement. As provided this Agreement, the hourly rates, task amounts and reimbursement for specified travel expenses and costs in the Fee Schedule are intended to be Consultant’s only compensation for the Services and is inclusive of all costs of labor, licensing, permitting, overhead and administrative costs, and any-and-all other costs, expenses, and charges incurred by Consultant, its agents, and employees to provide the Services, including all taxes Consultant is required to pay. (d) City shall pay Consultant no later than 30 days after City receives a written invoice from Consultant and verifies the Services were performed for the payment requested.
(e) City shall pay Consultant via the Automated Clearing House or as otherwise instructed by Consultant pursuant to Section 4(f) above.
8. Ownership of Documents. All drawings, designs, data, photographs, reports and other items specifically prepared or obtained by Consultant for and required to be delivered to City are City’s property and Consultant shall deliver them to City upon payment.
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EXHIBIT A
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9. Intellectual Property, Copyright, and Right of Use. All Deliverables created by Consultant for City under this Agreement are works made for hire, and Consultant shall give City the copyright and all intellectual property rights to all Deliverables. Consultant agrees that all Deliverables 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 Consultant to City and Consultant obtains a license to such items for the benefit of City. All licenses must be perpetual, world-wide, non-exclusive, and royalty free sufficient in scope to permit City’s full use and enjoyment of its ownership rights in the items created by the Services.
10. Confidentiality. Consultant shall not disclose any confidential or proprietary information received from City to anyone except Consultant’s personnel who require access to the information to perform the Services, unless required by law or applicable professional standards. This obligation shall survive termination and remain in full force and effect until the information, and any copies thereof, are returned to City or destroyed.
11. Defense, Indemnity, and Hold Harmless. Consultant is not required to indemnify City for the City’s acts as provided by AICPA standard 1.228.020.01. However, to the fullest extent permitted by law, Consultant shall hold harmless and indemnify 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 arising from this Agreement (including without limitation, attorney’s fees and costs and fees of litigation) (collectively “Liability”), except for such Liability caused by the negligence or willful misconduct of the Indemnified Parties, and that no defense shall be required where such Liability arises out of the actual or alleged acts or omissions in Consultant’s performance of professional services.
Consultant’s obligations to hold harmless and indemnify shall not be excused because of Consultant’s inability to evaluate Liability or because Consultant evaluates Liability and determines that Consultant is not liable to the claimant. These obligations are independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement. Consultant must respond within 30 days to the tender of any claim for 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 Consultant’s duty to indemnify shall not apply in a manner prohibited by California Civil Code section 2782.
(b) Modification for Design Professional Services. To the extent this Agreement is for “design professional services” defined in California Civil Code section 2782.8, then Consultant’s duties to defend and indemnify shall only apply to the extent provided for in California Civil Code section 2782.8(a), unless section 2782.8(a) is not applicable for one of the reasons set forth in 2782.8(e)
12. Insurance. Without limiting Consultant’s indemnification of the Indemnified Parties, Consultant 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 Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
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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, Consultant shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by City’s Risk Manager.
13. Force Majeure; Service Delays. Should Consultant’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 Consultant’s time for performance may, at City’s sole discretion, be extended for such periods as may be agreed upon by City and Consultant. Nothing in this section restricts City’s authority in Section 6 to terminate this Agreement.
14. Acceptance of Final Payment. Consultant’s acceptance of final payment will release City from any and all claims and liabilities for compensation under this Agreement.
15. Acceptance of Work. City’s acceptance of, or payment to Consultant for, the Services does not release Consultant from its responsibility for the accuracy, completeness, or competency of the Services, nor do the actions constitute an assumption of Consultant’s responsibility or liability by City for any defect or error in the Services.
16. Conflict of Interest. Consultant represents that no City employee or official has a financial interest in Consultant. Consultant shall not offer, encourage, or accept any financial interest in any part of Consultant's business by or from a City employee or official during the term of this Agreement or as a result of being awarded this Agreement. If any of the Services are paid by reimbursement from an agreement between City and a private party, Consultant represents that it has not performed any work for that private party during the 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.
17. Economic Disclosure. Consultant 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 Consultant’s financial interests as determined by the City Attorney’s Office.
While it is Consultant’s sole responsibility to evaluate its conflicts of interest, Consultant nevertheless agrees to prepare and file an economic disclosure statement if requested by City.
18. 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.
Consultant shall review and complete as necessary the City’s California Levine Act Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
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Disclosure Statement that can be obtained from the City Clerk.
19. 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
20. Non-Exclusive Agreement. This Agreement is non-exclusive. City reserves the right to provide, and to retain other qualified consultants to provide, services that are the same or similar to the Services.
21. Business Entity Status. Consultant 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 Consultant to provide the Services. By entering into this Agreement, Consultant 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 Consultant, including any licensing agencies. If Consultant is a suspended entity at the time it enters into this Agreement, City may take steps to void this Agreement.
22. Authority to Execute Agreement. Consultant has taken all necessary action to authorize the execution of this Agreement, and expressly represents that the person signing this Agreement on behalf of Consultant has received and accepted the authority to sign and execute this Agreement on behalf of Consultant. Upon the Effective Date, this Agreement shall constitute a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, which authorization is ratified and confirmed upon Consultant’s acceptance of the first compensation payment by City.
23. No Subcontracting and No Assignment. Consultant’s unique personal competence, experience, specialized personal knowledge, and professional reputation were a substantial inducement to City for the award of this Agreement to Consultant, 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 Consultant constitutes an assignment.
24. 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, Consultant must present a written claim to City in accordance with Livermore Municipal Code Chapter 3.40 Claims Administration.
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EXHIBIT A
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25. Work Eligibility. Consultant 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 Consultant for the performance of the Services.
26. Non-Discrimination. In performance of the Services, Consultant 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.
27. 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 6, 12, 23, and Sections 27 through 30 for notices, consent, or modifications. For the notices, consent, and modifications in Sections 6, 12, 23, and Sections 27 through 30, 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.
28. 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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EXHIBIT A
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29. 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: Finance Division
1052 S Livermore Avenue
Livermore, California 94550
Email: [email protected]
[email protected]
[email protected]
[email protected]
TO CONSULTANT: Ahmad Gharaibeh, Partner
Eide Bailly LLP
4040 Campbell
Ave, Suite 200
Menlo Park, CA 94025
Email: [email protected]
30. 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 nonbreaching party.
31. 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.
32. Survival. The terms, conditions, and obligations in Sections 2, 8 through 11, 23, 24, 30, and 31 through 33 shall survive the completion or termination of this Agreement.
33. 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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34. 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.
35. Counterparts. This Agreement may be executed and delivered in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email, or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals and shall be valid and effective for all purposes.
**************************************************************************************************** Signatures and Exhibit List on the Next Page
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In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have executed this Agreement, effective on the date set forth in the first paragraph of this Agreement, which is the date that this Agreement was signed on behalf of City after it was signed by Consultant.
CONSULTANT: Dated:
Ahmad Gharaibeh
Managing Partner
CITY OF LIVERMORE: Dated:
Marianna Burch
City Manager
APPROVED AS TO FORM:
Deputy/Assistant/Senior Assistant/City Attorney
APPROVED AS TO INSURANCE:
Risk Manager/Analyst
Exhibits:
Exhibit A – Scope of Work
Exhibit B – Fee Schedule
Exhibit C – Insurance Requirements
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EXHIBIT A
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January 16, 2026
To Management of the City of Livermore
Livermore, California
This letter outlines our proposed fees for the various projects between Eide Bailly LLP (Eide Bailly) and the City of Livermore (City).
Scope of Engagement
We will work with you to provide the following services:
Audit the Annual Comprehensive Financial Report of the City. Audit of the financial statements of the Livermore-Pleasanton Fire Department Joint Powers Authority Audit of the financial statements of Measure F fund and compliance requirements applicable to the Measure F Funds
Audit of the financial statements of Measure B fund and compliance requirements applicable to the Measure B Funds
Audit of the financial statements of Measure BB fund and compliance requirements applicable to the Measure BB Funds
Audit of the City’s major federal programs
Audit of the City’s compliance with the Transportation Development Act Agreed Upon Procedures related to the City’s GANN limit Assistance in preparing the California State Controller’s Financial Transaction Report Assistance in drafting the financial statements of the projects noted above.
Exhibit A
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EXHIBIT A
645
Our fees for the projects listed above are as follows:
Project 2026 2027 2028
Audit of Annual Comprehensive Financial Report $ 96,606 $ 99,504 $ 102,489 Assist in compiling the City's Financial Statements 36,050 37,132 38,246 Audit of Livermore-Pleasanton Fire Department JPA 11,149 11,483 11,827 Audit of Measure F 1,673 1,723 1,775
Audit of Measure B 1,673 1,723 1,775
Audit of Measure BB 1,673 1,723 1,775
Single Audit * 6,689 6,890 7,097
Audit of Transportation Development Act 1,673 1,723 1,775 GANN Agreed Upon Procedures 836 861 887
Compiling the City's Financial Transaction Report 4,460 4,594 4,732 $ 162,482 $ 167,356 $ 172,378
* Per federal program
We appreciate the opportunity to be of service to you and look forward to working with you and your staff.
Respectfully,
Ahmad Gharaibeh, CPA
Partner
Exhibit B
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EXHIBIT A
646
Revised 1/8/21 B10 – 3M E&O (Eide Bailly)
EXHIBIT C
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Consultant/Contractor shall maintain limits no less than:
1. Commercial General Liability, including operations, products, and completed operations, as applicable:
$3,000,000 per occurrence/$6,000,000 aggregate for bodily injury, personal injury, and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation and Employer's Liability:
Statutory limits as required by the State of California including $1,000,000 Employers’ Liability per accident, per employee for bodily injury or disease. A waiver of subrogation is required for Workers’ Compensation insurance. If Consultant/Contractor is a sole proprietor, then they must sign “Contractor Release of Liability”.
4. Professional Liability/Errors and Omissions:
$3,000,000 per claim. Consultant/Contractor warrants that any retroactive date under this policy shall precede the effective date of this contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed.
Deductibles and Self-Insured Retention
Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A-: VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Consultant/Contractor; or automobiles owned, leased, hired or borrowed by the Consultant/Contractor. The coverage shall contain no special Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
EXHIBIT A
647
Revised 1/8/21 B10 – 3M E&O (Eide Bailly)
limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Consultant’s/Contractor’s policy shall be primary and noncontributory and will not seek contribution from the City’s insurance or selfinsurance 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.
Docusign Envelope ID: EE910105-22D9-4C0B-AB1C-377B322850AD
EXHIBIT A
648
CITY COUNCIL STAFF REPORT ITEM NO. 6.17
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution Approving the FY 2026-27 Budget Update
RECOMMENDED ACTION
Staff recommends that City Council adopt a resolution approving the 2026-27 Budget Update.
DECISION TYPE
Administrative
SUMMARY
The City of Livermore’s (the City) Two-Year Budget for FY 2025-26 and 2026-27 was approved by City Council on June 9, 2025. Staff updated revenue and expenditure estimates for FY 2026-27 and based on that review, are proposing to increase the General Fund expenditure budget by $331,384, reduce operating transfers out by $803,756, and decrease the General Fund revenue budget by $6,072,122.
Staff proposes to adjust the FY 2026-27 budgets in the City’s other funds as discussed in the FY 2026- 27 Budget Update report, exhibit A of the resolution.
DISCUSSION
The City’s FY 2025-26 and 2026-27 Two-Year Budget was adopted by City Council on June 9, 2025.
City staff evaluates the second year of the two-year budget cycle revenue and expenditure estimates in advance of the second year to determine whether adjustments are necessary to have a balanced budget. Staff completed their review of the FY 2026-27 budget and concluded that the General Fund expenditure budget needs to be increased by $331,384, operating transfers out reduced by $803,756, and the revenue budget decreased by $6,072,122. The attached FY 2026-27 Budget Update Report includes the details of those changes in the General Fund as well as proposed changes within the City's other funds.
The Budget anticipates compliance with the General Fund Reserve Policy, which was updated in June of 2016 to require a total General Fund reserve of 30% of budgeted operating expenditures and outgoing transfers for debt service.
649
FISCAL AND ADMINISTRATIVE IMPACTS
Adoption of the FY 2026-27 Budget Update results in a balanced budget with a General Fund surplus of almost $83,955 that will be added to unallocated reserves.
COMMUNITY PILLAR
5: A City That Works
GOAL
17: Ensure effective use of public resources
ATTACHMENTS
1. Resolution
2. Exhibit A - FY 2026-27 Budget Update Report
Prepared by: Erik Peterson
Finance Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
650
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING THE FISCAL YEAR 2026-27 BUDGET
UPDATE
The City Manager prepared and submitted to the City Council for its review the Budget Update for FY 2026-27.
The City Council wishes to amend the FY 2026-27 Budget as indicated in Exhibit A, the FY 2026-27 Budget Update Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that:
1. The FY 2026-27 Budget Update Report, attached hereto as Exhibit A, is approved.
2. The FY 2026-27 General Fund expenditure operating budget is increased by $331,384. The Operating Transfer out budget is reduced by $803,756. The revenue budget is decreased by $6,072,122.
3. The FY 2026-27 Enterprise funds expenditure operating budgets are increased by $2,730,454. The revenue budget is decreased by $600,000.
4. The FY 2026-27 Internal Service Funds expenditure operating budgets are increased by 6,700,000. The revenue budgets are increased by $5,000,000.
5. The FY 2026-27 Capital Operating Funds expenditure budgets are increasing by $2,095,366. The revenue budget is increasing by $1,865,366.
6. The FY 2026-27 Special Revenue Funds expenditure budgets are increasing by $2,072,660. The revenue budget is increased by $359,953. 651
2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena L. Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – FY 2026-27 Budget Update Report
652
1 City of Livermore
FY 2026-27 Budget Update Report
SUMMARY
This report presents the updated estimates for the FY 2026-27 Operations (Budget). This report includes the General Fund, Enterprise Funds, Special Revenue funds, Capital Operating funds, and Internal Service funds. As described in more detail below, staff balanced budget while maintaining required operating reserves.
GENERAL FUND
FINANCIAL STATEMENT
Staff propose to amend the FY 2026-27 General Fund budget by decreasing operating revenues by approximately $6.1 million, increasing operating expenses by $331,384, and using the reserve funding of $5.7 million set aside for Labor MOU updates and additions to reserves during the original budget adoption because several labor agreement negotiations were still active when the budget was adopted. These labor agreements were approved in FY 2025-26.
General Fund Operating Reserves are $46.9 million, which is equal to 30% of operating expenses consistent with the City’s General Fund Reserve Policy. The unassigned fund balance is estimated to be $11.2 million, some of which is related to the estimated FY 2025-26 year-end budget surplus. Staff will recommend allocation of actual budget savings as part of the FY 2025-26 year-end process in the fall of 2026.
BACKGROUND
The mid-year budget report (Report) summarizes the updated estimates of the FY 2026-27 budget and details expected changes in reserves.
DISCUSSION
As shown in Table 1, FY 2026-27 proposed changes from the original General Fund budget include: (1) decreased overall revenues of $6.1 million, increased operating expenditures of $331,384, and use of reserves originally set aside at budget adoption for Labor MOU’s and addition to reserves. Overall, the budget is balanced.
EXHIBIT A
653
2 General Fund Revenues: As described in Table 2 below, overall General Fund revenues are expected to decrease by approximately $6.1 million or -3.7%. Table 2 presents the major revenue categories with a comparison of the amended budget versus actual revenues and the variance between the two. The following describes the significant variances.
Property Tax is expected to decrease by $600,000 related to Proposition 8 market value downward adjustments of properties in Livermore.
Sales Tax is expected to be $3 million less than the original budget based on updated information received from the City’s sales tax consultant.
Intergovernmental Revenue is expected to decrease by $2,669,122 since the enterprise funds (water, sewer, and stormwater) will no longer pay the General Fund for subterranean rent.
Rather, the City will charge the Water and Sewer funds a Street Repair fee related to the damage to the City streets caused by the water and sewer infrastructure beneath the City streets as well as the reduced longevity of the City streets after a sewer or water main repair.
The Street Repair Fee will be deposited into a Street Repair Fund and used to fund street repair and resurfacing expenses.
Miscellaneous Revenue is expected to increase by $197,000 due to an agreement in place between the City’s Police department and the Outlet mall.
Original
Budget
Budget
Update Variance
Revenues $164,358,147 $158,286,025 ($6,072,122)
Net Transfers (9,659,863) (8,856,107) $803,756
Operating Expenditures (149,014,579) (149,345,963) ($331,384) Operating Surplus (Deficit) $5,683,705 $83,955 ($5,599,750) Reserve for Labor MOUs & Addtion to Reserves (5,674,705) - $5,674,705 Total Surplus (Deficit) $9,000 $83,955 $74,955
General Fund
FY 2026-27
Table 1. General Fund - Budget Update - Original Budget vs Updated Revenues, Expenditures, and Transfers
EXHIBIT A
654
3 General Fund Expenditures are expected to increase by $931,384 or 0.6% greater than the original budget.
Table 3 shows the major expenditure categories with a comparison of the original budget to the current projections and the variance between the two. The following describes the significant variances.
Personnel and Supplemental Personnel Staff expects expenditures to be approximately $1.1 million or 1.3% greater than the original budget due to (1) increased salary and benefits from new MOU’s ($3.1 million), (2) temporary salary increase for Innovation and Economic Development Department ($50,000), (3) decrease of staff costs relating to Capital Improvement projects due to charging overhead rates to projects and (4) a reduction of retiree health benefit expenses of $1.5 million that have been moved out of the General Fund into a new internal service fund for better tracking of retiree health expenses and revenues.
Services and Supplies are reduced by $719,614 or -1.1% less than budget due to (1) increases in contractual services for a Fleet Management plan ($150,000) and General Plan ($230,000), (2) Police contractual services and software needs ($168,000 and $29,000 respectively both covered by additional revenue received by the Police Department), (3) increase in the City’s Contribution to Livermore Pleasanton Fire Department due to IAFF/BC MOU increases ($568,752), and (4) a reduction of $1.9 million for street light and street signal expenses that have been moved to the Gas Tax fund.
Original
Budget
Budget
Update Variance
Property Taxes $67,416,730 $66,816,730 (600,000)
Sales & Use Taxes 41,908,338 38,908,338 (3,000,000)
Franchise Taxes 2,613,464 2,613,464 -
Business License Taxes 10,731,325 10,731,325 -
Other Taxes 11,163,413 11,163,413 -
Licenses & Permits 7,261,048 7,261,048 -
Fines & Forfeitures 398,270 398,270 -
Use of Money and Property 9,771,259 9,771,259 -
Intergovernmental Revenue 4,631,220 1,962,098 (2,669,122) Charges for Current Services 6,179,158 6,179,158 -
Contribution - Outside Sources 78,651 78,651 -
Misc. Revenue 2,205,271 2,402,271 197,000
Total Operating Revenue $164,358,147 $158,286,025 (6,072,122) Transfers In 486,735 486,735 -
Total All Revenue $164,844,882 $158,772,760 ($6,072,122) General Fund
FY 2026-27
Table 2. General Fund Revenues - Budget Update - Original Budget vs. Budget Update
EXHIBIT A
655
4 Transfer of Funds. As shown in Table 4 below, net transfers are reduced by $803,756. This is due to reducing the transfer out to the Stormwater Fund which is offset by eliminating the subterranean rent that the City had been charging the Stormwater Fund.
Original
Budget
Budget
Update Variance
Wages and Benefits $83,826,446 $84,877,444 $1,050,998
Services and Supplies 65,188,133 64,468,519 (719,614)
Capital Outlay - - -
Total Operating Expenditures $149,014,579 $149,345,963 $331,384 Reserve for Labor MOUs & Addition to
Reserves 5,674,705 (5,674,705) -
Transfers Out 10,146,598 9,342,842 (803,756)
Total all Expenditures $164,835,882 $158,688,805 ($6,147,077) Expenditure Categories
FY 2026-27
Table 3. General Fund Expenditures - Original Budget vs. Budget Update Table 4. Transfers In and Transfers Out - Original Budget vs Budget Update Original
Budget
Budget
Update Variance
OPERATING TRANSFERS IN - From:
Traffic Impact Fee $79,568 $79,568 -
Downtown Revitalization Fee - - -
Low Income Housing Fund - - -
Maintenance District L&LD 250,000 250,000 -
CASP Cert & Training Fund 19,250 19,250 -
Gas Taxes 137,917 137,917 -
HHS - Federal Home Program - - -
Library Foundation Grant - - -
OPERATING TRANSFERS OUT - To:
Stormwater (2,870,000) (2,066,244) 803,756
2020 COPs Series B (Debt Service) (3,881,173) (3,881,173) - 2022 COPs (Debt Service) (2,557,425) (2,557,425) -
Horizons (498,000) (498,000) -
Maintenance District L&LD (340,000) (340,000) -
Facilities - - -
Net Transfers ($9,659,863) ($8,856,107) $803,756
Operating Transfers
FY 2026-27
EXHIBIT A
656
5 General Fund Operating Reserve Allocations. Table 5 presents the estimated changes in the General Fund Operating Reserves. Estimated Operating Reserves are $46.9 million or 30% of updated budgeted expenditures. The City’s policy is to maintain General Fund reserves equal to 30% of operating expenses. The remaining unassigned fund balance is estimated to be $11.3 million, some of which is related to the estimated FY 2025-26 year-end budget surplus.
Staff will recommend allocation of actual budget savings as part of the FY 2025-26 year-end process in the fall of 2026.
Table 5. General Fund Operating Reserves - Original Budget vs Budget Update
General Fund Operating Reserves
FY 2026-27
Budget
FY 2026-27
Budget
Update
Operating Reserves:
Catastrophic Reserve 15%
(Committed) $23,317,977 $23,457,684
Economic Reserve 13.5% (Assigned) 20,986,179 21,111,916 Cashflow Reserve 1.5% (Unassigned) 2,331,798 2,345,768
Subtotal Operating Reserves
(30% of Operating Expenses and Debt
Service) $46,635,954 $46,915,368
Remaining Unassigned Reserves $11,533,386 $11,253,972
Total Spendable Operating Reserves $58,169,340 $58,169,340 1 FY 2026-27 includes the FY 2025-26 $6 million projected surplus. The actual surplus will be allocated in the fall of 2026 after the City closes the books some of which will likely be allocated to other purposes.
EXHIBIT A
657
6 New Street Repair Fund
Table 6 below includes the new Capital Fund created to deposit the Water and Sewer Street Repair fees that will be used to fund street repair projects.
Funds will be allocated when the City awards a street repair construction contract.
Enterprise Funds:
Table 7A and 7B below include proposed changes to Enterprise Funds’ FY 2026-27 Budget.
The Airport fund includes a $525,000 increase to upgrade the backflow devices at the Airport due to new State Guidelines and requirements ($450,000) and to reimburse the State Water Board for continued review and direction of the PFAS investigation work at the Airport ($75,000).
The Storm Drain fund includes a $200,000 increase to the budget for a Storm Drain Master Plan and fee study.
Table 6 - Capital Fund Revenues
Original
Budget
Budget
Update Variance
Street Repair Fund $ 1,865,366 - $ $ 1,865,366
Total Operating Revenue $ 1,865,366 - $ $ 1,865,366
Fund Name
FY 2026-27
Table 7A - Enterprise Funds Revenues
Original
Budget
Budget
Update Variance
Water $ 21,176,000 $ 20,576,000 $ (600,000)
Total Operating Revenue 21,176,000 $ $ 20,576,000 $ (600,000) FY 2026-27
Fund Name
Table 7B - Enterprise Funds Expenditures
Original
Budget
Budget
Update Variance
Airport $ 3,618,600 $ 4,143,600 $ 525,000
Storm Drain 6,374 206,374 200,000
Wastewater 26,025,700 27,006,154 980,454
Wastewater Connection Fees 1,079,432 1,679,432 600,000
Water 20,037,052 20,062,052 25,000
Water Replacement 630,574 730,574 100,000
Water Connection Fees 13,637 313,637 300,000
Total Operating Expenses 51,411,369 $ $ 54,141,823 $ 2,730,454 Fund Name
FY 2026-27
EXHIBIT A
658
7 The Wastewater fund includes an increase of $980,454 for: (1) $425,000 in contractual services to conduct periodic digester cleaning services, (2) $278,454 for increased electricity costs, (3) $100,000 for flooring and office furniture in the Tertiary building, (4) increased overtime budget of $52,000 for stand-by time and call backs on holiday weekends, and (5) $125,000 to purchase new pretreatment software.
The Wastewater Connection Fee fund includes an increase of $600,000 in contractual services for Wastewater and WRP Master Plans and fee studies.
The Water fund includes reducing water revenues by $600,000 due to water volume demand trending lower than anticipated and increasing expenses by $25,000 to cover increased energy costs.
The Water Replacement fund includes an increase of $50,000 in contractual services for additional on-call project costs and an increase of $50,000 in capital equipment for new meters related to development.
The Water Connection Fee fund includes an increase of $300,000 in contractual services for an updated Water Master Plan and fee study.
EXHIBIT A
659
8 Internal Service Funds:
Table 8A and 8B below include revenue and expenditure budget for three internal service funds.
The General Liability fund includes an increase in contractual services of $200,000 reflecting an increase in legal defense costs, related to increased rates and an increase in the number and complexity of matters being litigated.
The Facilities Rehab fund includes a total increase of $1.5 million for the following projects:
1. Generator replacement at Fire Station 7 and the Civic Center Library ($700.000)
2. Install a new roof and retractable blinds at the Civic Center Library ($500,000)
3. Install hard flooring in the Community Rooms at the Civic Center Library ($100,000)
4. Install new HVAC unit at Rincon Library to reduce temperatures inside the building during the summer ($200,000)
This increase of $1.5 million will be funded using General Fund CIP reserves.
The Employee Benefit fund has been newly created to record revenue and expenses related to retiree health benefits in one fund that had been budgeted in the City’s operating funds.
Table 8A - Internal Service Funds Revenues
Original
Budget
Budget
Update Variance
Employee Benefit $ 5,000,000 - $ $ 5,000,000
Total Operating Revenue $ 5,000,000 - $ $ 5,000,000
Fund Name
FY 2026-27
Table 8B - Internal Service Funds Expenditures
Original
Budget
Budget
Update Variance
General Liability $ 6,517,952 $ 6,717,952 $ 200,000
Facilities Rehab Program 2,548,191 4,048,191 1,500,000
Employee Benefit 5,000,000 - 5,000,000
Total Operating Expenses 9,066,143 $ $ 15,766,143 $ 6,700,000 Fund Name
FY 2026-27
EXHIBIT A
660
9 Capital Funds:
Table 8 below shows the operating expenditure requests for the Capital Funds.
The Traffic Impact Fee fund includes an increase in contractual services of $200,000 for an updated Traffic Impact Fee Study.
The Park Fee – AB 1600 fund incudes an increase of $30,000 in contractual services for an updated Park Fee study.
The State – Gas Tax fund includes an increase of $1.9 million to pay for streetlights and traffic signals that had been included in the General Fund.
Special Revenue Funds:
Table 10A and 10B include changes to the budget in the special revenue funds.
Table 9 Capital Operating Funds Expenditures
Original
Budget
Budget
Update Variance
Traffic Impact Fee $ 85,000 $ 285,000 $ 200,000
Park Fee - AB 1600 30,000 - 30,000
State - Gas Tax 102,000 1,967,366 1,865,366
Total Operating Expenses 187,000 $ $ 2,282,366 $ 2,095,366 Fund Name
FY 2026-27
Table 10A - Special Revenue Funds Revenues
Original
Budget
Budget
Update Variance
Grant - CDBG 383,352 490,204 106,852
Grant - Home Grant 117,800 118,901 1,101
Department Grants 100% 252,000 - 252,000
Total Operating Revenue 501,152 $ $ 861,105 $ 359,953
Fund Name
FY 2026-27
EXHIBIT A
661
10 The Low-Income Housing fund requests an increase of $500,000 to fund a portion of the $1.2 million contract with Tri-Valley Haven for their Emergency Shelter Rebuild. This contract was approved by City Council on March 23, 2026.
The Grant – CDBG fund is being increased by $106,852 to account for additional funding available from prior year CDBG funds. These funds are designated for the Tri-Valley Haven for Women Emergency Shelter Project.
The Grant – Home Grant fund received a notification that the City’s HOME allocation is updated to include another $1,101 in Federal Awards for FY 2026-27.
The State Grant fund includes $75,000 for the Habitat Conservation Grant that has already been received.
The Opioid Settlement fund includes increasing the budget by $350,000 to help fund predevelopment and development of a substance abuse disorder facility on Tesla Road that the City agreed to fund through an agreement with La Familia (The Alliance for Community Wellness).
The Department Grants fund includes an increase to both the revenue budget and expenditure budget by $252,000 to increase grant amount received for the Winter Relief program from Alameda County.
The Community Benefit fund requests a budget increase of $150,000 as seed money for an upcoming new small business grant program.
The Other LMDs fund includes an increase of $637,707 to fund one new full time Landscape Maintenance Specialist position and one new limited duration Groundskeeper II to assist with ongoing maintenance in LMDs.
Table 10B - Special Revenue Funds Expenditures
Original
Budget
Budget
Update Variance
Low Income Housing Fund 2,591,476 $ $ 3,091,476 $ 500,000 Grant - CDBG 443,656 550,508 106,852
Grant - Home Grant 122,834 123,935 1,101
State Grant Fund 263,155 338,155 75,000
Opioid Settlement Fund 90,917 440,917 350,000
Department Grants 100% 252,000 - 252,000
Community Benefit Fund 150,000 - 150,000
Other LMDs 2,979,504 3,617,211 637,707
Total Operating Expenses 6,491,542 $ $ 8,564,202 $ 2,072,660 Fund Name
FY 2026-27
EXHIBIT A
662
CITY COUNCIL STAFF REPORT ITEM NO. 6.18
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Tina Olson, Administrative Services Director
SUBJECT: Resolution designating the Accounting Supervisor – General Ledger and Treasury as the City Treasurer
RECOMMENDED ACTION
Staff recommends City Council adopt a resolution designating the Accounting Supervisor – General Ledger and Treasury as the City Treasurer.
DECISION TYPE
Administrative
SUMMARY
Due to the retirement of Tina Olson, the current appointment of the Administrative Services Director as City Treasurer must be rescinded and City Council needs to appoint another employee to the position of City Treasurer until such time as the City addresses the vacancy in the Administrative Services Director position. Staff recommends appointing the Accounting Supervisor that oversees the City’s General Ledger and Treasury functions to be the City’s Treasurer during that time.
DISCUSSION
On April 25, 2022, Resolution No. 2022-062 was adopted appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as its City Treasurer. On May 2, 2026, Tina Olson, the City's Administrative Services Director, retired, which requires City Council to appoint another position to fulfill the City's Treasurer function until the Administrative Services Director position is filled with a permanent employee.
The Treasurer is responsible for receiving, disbursing, and securing, the City's pooled cash. Financial reporting is also a large duty of the City Treasurer, as statements on the City's financial standing are needed by a variety of other state and local offices. In addition to administering certain financial activities as set forth in the Livermore Municipal Code, the Treasurer is also responsible for the collection of delinquent fees and taxes. The City Treasurer also has a fiduciary responsibility for the purchase and 663
sale of bonds for the City,
To ensure that the City continues to have a City Treasurer until such time as the City addresses the vacancy in the Administrative Services Director position, staff recommends that City Council adopt a resolution designating the Accounting Supervisor – General Ledger and Treasury as the City Treasurer.
Staff also recommends that the City Council delegate the authority to invest the City's pooled treasury funds in accordance with the Investment Policy to the Accounting Supervisor – General Ledger and Treasury serving as the City Treasurer for the remainder of the FY 2025-26 and that all references to the Administrative Services Director in the Investment Policy be amended to read: Accounting Supervisor – General Ledger and Treasury.
The delegation of investment authority and responsibility from the City Council to the Accounting Supervisor – General Ledger and Treasury serving as the City Treasurer will allow the Administrative Services Department to continue the prudent investment of the City's pooled treasury funds and manage the City's cash flow needs.
FISCAL AND ADMINISTRATIVE IMPACTS
There is no additional cost to the General Fund associated with delegating the Treasurer role to the Accounting Supervisor – General Ledger and Treasury until such time as the City addresses the vacancy in the Administrative Services Director position.
COMMUNITY PILLAR
5: A City That Works
GOAL
17: Ensure effective use of public resources
ATTACHMENTS
1. Resolution
Prepared by: Tina Olson
Administrative Services Director
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
664
1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION DESIGNATING THE ACCOUNTING SUPERVISOR – GENERAL
LEDGER AND TREASURY AS THE CITY TREASURER
The City of Livermore is a general law city of the State of California.
The City Treasurer is a statutory position for a general law city. Government Code section 36508 provides that general law cities may designate their treasurers by City Council appointment, after voter approval for the Council to do so.
In 1999, the voters in the City of Livermore approved a measure directing that the position of City Treasurer be a Council-appointed position. Soon after, in 2000, the City Council adopted Livermore Municipal Code section 2.13.010, which vests the City Council with the power to appoint the City Treasurer. Since that time, the Council has appointed Livermore’s City Treasurer.
On January 9, 2012, the City Council adopted Resolution No. 2012-004 appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer for the City of Livermore. The treasury functions and powers were associated with the position of Administrative Services Director, rather than a particular person by name who may leave or be reassigned.
On April 25, 2022, the City Council adopted Resolution No. 2022-062 appointing the person holding the title of Administrative Services Director for the City of Livermore to serve as the City Treasurer for the City of Livermore after such designation had been temporarily assigned to the City’s Finance Manager.
On June 23, 2025, the City Council adopted Resolution No. 2025-098 adopting the City of Livermore Investment Policy and delegating investment authority to the Administrative Services Director serving as the City Treasure for a period of twelve months to invest the City’s pooled treasury funds in accordance with the Investment Policy.
On May 2, 2026, Tina Olson, the Administrative Services Director, retired, which requires City Council to appoint another position to fulfill the City's Treasurer function until the Administrative Services Director position is filled with a permanent employee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby:
1. Rescinds Resolution No. 2022-062 appointing the Administrative Services Director to fill the position of City Treasurer.
665
2 RESOLUTION NO. ________
2. Appoints the person holding the title of Accounting Supervisor – General Ledger and Treasury for the City of Livermore to serve as the City Treasurer for the City of Livermore.
3. Amends the Investment Policy adopted by Resolution 2025-098 to replace all references to the “Administrative Services Director” with references to the “Accounting Supervisor – General Ledger and Treasury”.
On motion of Council Member , seconded by Council
Member , the City Council passed the foregoing resolution on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
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CITY COUNCIL STAFF REPORT ITEM NO. 6.19
DATE: May 11, 2026
TO: Honorable Mayor and City Council
FROM: Anwan Baker, Library Director
SUBJECT: Resolution authorizing the execution of Project and Program Grant Agreements with Anne Giancola in the amount of $2,200, Cheza Nami Foundation, Inc. in the amount of $10,000, D'Adonis Moquette in the amount of $7,500, Livermore Filipino American Organization in the amount of $10,000, Livermore Valley Performing Arts Center in the amount of $10,000, Livermore Valley Opera in the amount of $10,000, and Shakespeare's Associates, Inc. dba SPARC Theater in the amount of $10,000, consistent with the City's Public Art Policy.
RECOMMENDED ACTION
The Commission for the Arts and staff recommend the City Council adopt a resolution authorizing the City Manager to execute the following Project and Program Grant Agreements:
1. Anne Giancola, in the amount of $2,200 for "The Stories We Draw" Projection Display.
2. Cheza Nami Foundation, Inc., in the amount of $10,000 for the Taste of Africa Festival.
3. D'Adonis Moquette, in the amount of $7,500 for a Film and Media Summit.
4. Livermore Filipino American Organization, in the amount of $10,000 a Filipino Barrio Festival.
5. Livermore Valley Performing Arts Center, in the amount of $10,000 for ArtWalk.
6. Livermore Valley Opera, in the amount of $10,000 for Opera in the Schools
7. Shakespeare's Associates, Inc. dba SPARC Theater, in the amount of $10,000 for "Shakespeare in the Vineyard".
DECISION TYPE
Administrative
SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval. By the deadline of March 2, 2026, (extended one day due to March 1 being a weekend) a total of ten (10) applications were received for Project and Program funds. The Commission for the Arts and staff recommend the City Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following seven (7) applicants:
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Anne Giancola, Cheza Nami Foundation, Inc., D'Adonis Moquette, Livermore Filipino American Organization, Livermore Valley Performing Arts Center, Livermore Valley Opera, and Shakespeare's Associates, Inc. dba SPARC Theater.
DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding art and cultural programming. In 2008, the City Council created the Project and Program Grant Program to provide funding from the Public Art Fund for local organizations and artists providing cultural enrichment experiences in Livermore.
The Commission for the Arts, with support from staff, administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval. Opportunities for funding were posted on the City website and social media.
By the deadline of March 2, 2026, (extended one day due to March 1 being a weekend) staff received a total of ten (10) applications, which were reviewed by an ad hoc committee of the Commission for the Arts. The ad hoc committee reviewed the applications and presented its funding recommendations to the full Commission at its regular meeting of March 24, 2026. The following seven applications were recommended for funding:
Agency Project Funds Requested Grant Recommendation
Anne Giancola
"The Stories We Draw"
Projection Display
$2,200 $2,200
Cheza Nami Foundation,
Inc.
Taste of Africa Festival $10,000 $10,000
D'Adonis Moquette Film and Media Summit $7,500 $7,500
Livermore Filipino
American Organization
Filipino Barrio Festival $10,000 $10,000
Livermore Valley
Performing Arts Center
ArtWalk $10,000 $10,000
Livermore Valley Opera Opera in the Schools $10,000 $10,000 Shakespeare's
Associates, Inc. dba
SPARC Theater
"Shakespeare in the
Vineyard"
$10,000 $10,000
FISCAL AND ADMINISTRATIVE IMPACTS
The Project and Program Grants are funded with Public Art Fee funds (F284). Funds have been included in the FY 2025-26 and 2026-27 budgets. No further appropriation is needed at this time.
COMMUNITY PILLAR
4: Inclusive & Inviting Spaces & Places
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GOAL
1: Further enhance Livermore's unique sense of place
ATTACHMENTS
1. Resolution
2. Exhibit A - Anne Giancola - Project and Program Grant Agreement
3. Exhibit B - Cheza Nami Foundation, Inc. - Project and Program Grant Agreement
4. Exhibit C - D'Adonis Moquette - Project and Program Grant Agreement
5. Exhibit D - Livermore Filipino American Organization - Project and Program Grant Agreement
6. Exhibit E - Livermore Valley Performing Arts Center - Project and Program Grant Agreement
7. Exhibit F - Livermore Valley Opera - Project and Program Grant Agreement
8. Exhibit G - Shakespeare's Associates Inc. DBA SPARC Theater - Project and Program Grant Agreement
Prepared by: Allen McFarland
Management Analyst II
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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1 RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF PROJECT AND
PROGRAM GRANT AGREEMENTS WITH ANNE GIANCOLA IN THE
AMOUNT OF $2,200, CHEZA NAMI FOUNDATION, INC. IN THE
AMOUNT OF $10,000, D’ADONIS MOQUETTE IN THE AMOUNT OF
$7,500, LIVERMORE FILIPINO AMERICAN ORGANIZATION IN THE AMOUNT OF $10,000, LIVERMORE VALLEY PERFORMING ARTS
CENTER IN THE AMOUNT OF $10,000, LIVERMORE VALLEY OPERA IN THE AMOUNT OF $10,000, AND SHAKESPEARE’S ASSOCIATES, INC. DBA SPARC THEATER IN THE AMOUNT OF $10,000,
CONSISTENT WITH THE CITY’S PUBLIC ART POLICY
The City Council created the Public Art Fund for the purpose of funding public art and cultural programming consistent with the public art policy administered by the Commission for the Arts. The Project and Program Grant program was created by the City Council for use of the Public Art Fund for the purpose of encouraging programs for the cultural enrichment of the residents of, and visitors to, Livermore.
The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and September. The Commission for the Arts received a total of ten applications for the March 2026 cycle. Following a review of the ten applications, the Commission for the Arts recommends funding seven Project and Program applications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that it hereby authorizes the City Manager, or her designee, to execute the following Project and Program Grant Agreements.
1. Anne Giancola, in the amount of $2,200 for “The Stories We Draw” projection display, attached hereto as Exhibit A;
2. Cheza Nami Foundation, Inc., in the amount of $10,000 for the Taste of Africa Festival, attached hereto as Exhibit B;
3. D’Adonis Moquette, in the amount of $7,500 for a Film and Media Summit, attached hereto as Exhibit C;
4. Livermore Filipino American Organization, in the amount of $10,000 for the Filipino Barrio Festival, attached hereto as Exhibit D;
5. Livermore Valley Performing Arts Center, in the amount of $10,000, for ArtWalk, attached hereto as Exhibit E;
6. Livermore Valley Opera, in the amount of $10,000, for Opera in the Schools, attached hereto as Exhibit F.
7. Shakespeare’s Associates, Inc. dba SPARC Theater, in the amount of $10,000, for “Shakespeare in the Vineyard”.
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2 RESOLUTION NO. ________
On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on May 11, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Daniel Gonzales
Helena Graves Daniel Gonzales
Acting City Clerk Deputy City Attorney
Exhibit A – Anne Giancola
Exhibit B – Cheza Nami Foundation, Inc.
Exhibit C – D’Adonis Moquette
Exhibit D – Livermore Filipino American Organization
Exhibit E – Livermore Valley Performing Arts Center
Exhibit F – Livermore Valley Opera
Exhibit G – Shakespeare’s Associates, Inc. dba SPARC Theater 671
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AGREEMENT BETWEEN CITY OF LIVERMORE
AND
ANNE GIANCOLA
FOR FISCAL YEAR 2025-26
PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and Anne Giancola, an individual (“Grantee”).
RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.
D. Grantee has applied to City for funding for a project or program to hold "The Stories We Draw" video outdoor projection event (“Project”).
E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.
F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: 4B7E6B81-B07F-4F60-B8B8-5E6D7DD8F0A5
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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: "The Stories We Draw" video outdoor projection event
1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: Projection show will help community members celebrate the power of art and its essential role in shaping humanity (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, funds in the amount of $2,200 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non-compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $2,200.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
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Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Anne Giancola
Attn:
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the Docusign Envelope ID: 4B7E6B81-B07F-4F60-B8B8-5E6D7DD8F0A5
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amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of Docusign Envelope ID: 4B7E6B81-B07F-4F60-B8B8-5E6D7DD8F0A5
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the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.
2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
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3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
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Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.
3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
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X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
Anne Giancola
Individual
“Grantee”
By:___________________________ Dated:____________________________ Print Name:__________________
Title:________________________
CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________
Deputy/Assistant/Senior Assistant/City Attorney
Attachments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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Application Form - Project & Program Grants
Deadline: Ha nd delivered or received via US Mail by 5:00 pm on March 1 or September 1 Submission Date: 3-2-26
Amount of Grant Request: $ 2600 Total Project Budget: $ __ 4_4_00 ___ _ Applicant/Organization: _____ A_nen__a
G_i n__c_ola _____________ _
Applicant/Organization's Address:
Applicant/Organization's Web site: __ an_n_e_-g_ia_n_c_o_la_.a__rt ___________ _ Preparer's Name and Title: ___ An_n_e_G__ia_nc_o__la_,a_rt_i_st _____________ _ Preparer's Phone: ___ Preparer's E-mai l
:
Address (for formal notification):
Describe the art form of the project or program for which support is requested (i.e., Dance, Theater, Visual Arts, Heritage, Infrastructure, Media/Film/New Media, etc.):
Video outdo o
r Projecti on entitled 11
The Stories We Draw':
Briefly describe the project or program for which support is requested:
Outdoor projection in Livermorium Park on the side of Pe e t's Coffe e during the Tri-Val ley Twist ,Cultura l weeke nd. The event will be fre e and open to the public. Short video under 10 minutes that wi ll be on the Power of Art and what i
t means to be human.
Number of people intended to reach: Audience: 1000 Participants: __ 5 ___
For the purpose of this application, "audience" means the people who will attend the project or program; "participant" means someone who attends a workshop or class, or else has hands-on involvement in the project or program. If the project or program will have both audiences and participants as defined here, please enter both goals.
Date project or program is scheduled to begin: June 5, 2026 Note: Project events may begin no earlier. than two (2) months after the application deadline.
Date project or program is scheduled to end: __ J_u_n_e_6_,_20_2__6 ______ _
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Matching Funds
All Project and Program Grant applicants must provide at least a dollar-for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.
In-kind contributions are allowed as part of the match only on the following limited basis:
1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,
2. The value of in-kind contributions, Le., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.
In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.
Source
Sponsors
In-Kind
•-
Description Fair Market
Value
Individual and business sponsors
$ 1800
The videographer is providing some 400
in-kind labor for this project
$
$
$
$
Requested Grant Amount: $ __ 22_ 00
_ __ _
Cash Match Amount: $ ------ 1800
In-kind Match Amount: $ ___ 4_00
_ __ _
EXHIBIT A
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EXHIBIT A
696
Artistic Costs - $1,900
Artistic costs support the creative development of the project. This includes conceptual design and overall visioning; writing and refining the script; selecting music to enhance tone and pacing; researching and sourcing images; and organizing all elements into a cohesive storyline. These funds compensate for the creative expertise and time required to shape a compelling narrative and ensure the work is thoughtful, cohesive, and artistically strong.
Production Costs - $1,400
Production costs cover the technical creation and public presentation of the final piece. This includes video editing and assembly; preparing the work for large-scale outdoor projection; coordinating equipment and technical logistics; conducting outdoor testing and calibration; and providing on-site production support during the evening projections. These funds ensure the project is professionally produced and successfully delivered to the community.
EXHIBIT A
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EXHIBIT A
697
EXHIBIT B
INSURANCE REQUIREMENTS
Insurance for this Agreement is waived based on an evaluation by the Risk Management Analyst and/or Risk Manager.
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EXHIBIT A
698
Project and Program Grant Agreement Page 1
Rev. 10/2023
AGREEMENT BETWEEN CITY OF LIVERMORE
AND
CHEZA NAMI FOUNDATION INC.
FOR FISCAL YEAR 2026-27
PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and Cheza Nami Foundation Inc., a California non-profit Corporation (“Grantee”).
RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.
D. Grantee has applied to City for funding for a project or program to coordinate and deliver a Taste of Africa Festival (“Project”).
E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.
F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: 7A4F51FB-30AF-8625-80B2-7CFC75877974
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699
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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Host a Taste of Africa Festival
1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: The Taste of Africa Festival expands equitable access to the arts by offering a free high quality cultural experience. (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non-compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
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700
Project and Program Grant Agreement Page 3
Rev. 10/2023
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Cheza Nami
Attn: Chanel Aleta Da Rocha
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in Docusign Envelope ID: 7A4F51FB-30AF-8625-80B2-7CFC75877974
EXHIBIT B
701
Project and Program Grant Agreement Page 4
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connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise Docusign Envelope ID: 7A4F51FB-30AF-8625-80B2-7CFC75877974
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702
Project and Program Grant Agreement Page 5
Rev. 10/2023
found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.
2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates Docusign Envelope ID: 7A4F51FB-30AF-8625-80B2-7CFC75877974
EXHIBIT B
703
Project and Program Grant Agreement Page 6
Rev. 10/2023
that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
Grantee further covenants that in the performance of this Agreement, no persons who Docusign Envelope ID: 7A4F51FB-30AF-8625-80B2-7CFC75877974
EXHIBIT B
704
Project and Program Grant Agreement Page 7
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exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.
3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENTIRE AGREEMENT
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705
Project and Program Grant Agreement Page 8
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This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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EXHIBIT B
706
Project and Program Grant Agreement Page 9
Rev. 10/2023
IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
Cheza Nami Foundation
501(c)3 Non-Profit Organization
“Grantee”
By:___________________________ Dated:____________________________ Chanel Aleta Da Rocha
Community Program and Event Producer
CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________
DEPUTY/ASSISTANT/SENIOR ASSISTANT/CITY ATTORNEY
Attachments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
Commercial General Liability, including operations, products and completed operations, as applicable: $1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and noncontributory and will not seek contribution from the City’s insurance or selfinsurance 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 noncontributory 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, Docusign Envelope ID: 7A4F51FB-30AF-8625-80B2-7CFC75877974
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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee'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
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
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Project and Program Grant Agreement Page 1
Rev. 10/2023
AGREEMENT BETWEEN CITY OF LIVERMORE
AND
D'ADONIS MOQUETTE
FOR FISCAL YEAR 2025-26
PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and D'Adonis Moquette, an individual (“Grantee”).
RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.
D. Grantee has applied to City for funding for a project or program to hold a Film & Media Summit (“Project”).
E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.
F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Film & Media Summit.
1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: To highlight 5 Black and minority filmmakers and hold three workshops on producing, directing, and cinematography (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, funds in the amount of $7,500 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non-compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $7,500.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
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Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: D'Adonis Moquette
Attn:
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
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connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
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found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.
2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
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that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
Grantee further covenants that in the performance of this Agreement, no persons who Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
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exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.
3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENTIRE AGREEMENT
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This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
D’Adonis Moquette
Individual
“Grantee”
By:___________________________ Dated:____________________________ D’Adonis Moquette
Event Organizer and Founder
CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________
DEPUTY/ASSISTANT/SENIOR ASSISTANT/CITY ATTORNEY
Attachments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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Project & Program Grant
City of Livermore
Office of Innovation & Economic Development
Commission for the Arts
Application Form, Instructions, and Checklist
Applications are due on March 1 and September 1 each year Completed grant applications must be:
Delivered (in person or by commercial service such as FedEx, UPS, etc.) to the Office of Innovation & Economic Development c/o Commission for the Arts by 5 p.m. on March 1 and September 1, or
Sent First Class or Priority Mail by the US Postal Service to be received at the City no later than March 1 and September 1.
Send or deliver applications to:
City of Livermore
Office of Innovation & Economic Development
Staff Liaison for the Commission for the Arts
1052 S. Livermore Avenue
Livermore, CA 94550
This packet contains the Application Checklist and instructions for completing the application.
EXHIBIT A
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Applicant Name:
APPLICATION CHECKLIST - This Checklist is required and must be submitted as part of the completed Application. All Project & Program Grant applicants are required to submit the following:
One original set of the Application, collated in the following order:
1. Application Checklist (this page).
2. Start date: Do(es) the event(s) related to this project begin at least two (2) months after the application deadline?
3. Organizational Summary, signed by the organization’s executive director, managing director, president, board chair, or other authorized officer of the organization, or by the applying artist.
4. If you are an organization, submit a list of current officers and Board members with their term of office.
5. If you are a 501(c)(3), submit a copy of your 501(c)(3) determination letter from IRS. 6. Application Form, beginning on page 1, continuing through the Project Budget Summary.
7. Notes to the Project Budget, and a detailed list of In-Kind contributions. 8. List of key project individuals, including principal artists and project managers, with a very brief job description (e.g., a self-explanatory job title) for each. 9. Resumes/biographies of key project individuals, generally one page each. 10. Up to four items in any combination of brochures, catalogues, performance programs, or similar organizational publications/materials; if available. 11. Up to four recent press reviews or articles, or similar independently generated published materials, if available. (Note: Calendar listings are not suitable.) 12. NOTE: During the review process you may be requested to submit samples of other work you have produced (work samples). See Chapter 3 – Grants for more information about work samples.
Standards for Preparing Applications
Please read the following carefully. Applicants are responsible for completing and submitting a full application package with all required attachments by the deadline. Incomplete applications will not be accepted for Commission evaluation.
1. Applicants must not modify the format of the application form or exceed the maximum length of any section of the form, except where otherwise noted.
2. All required attachments (except pre-printed ones) must be typed or computer-prepared in a type size that is no smaller than 12 pt. Times/Times New Roman, or 10 pt. Arial/Helvetica.
3. Complete all pages of the application form and all required attachments. (Use “N.A.” if a section does not apply to your organization.) Provide information that is current as of the application deadline. Budget pages and budget notes must be complete.
EXHIBIT A
N/A N/A N/A D’Adonis Moquette
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Certification
If applicant is an organization:
I certify that the by-laws of this organization or a resolution of its governing body authorizes me to enter into legal agreements for the organization and to submit this application. To the best of my knowledge and belief, this organization meets the appropriate eligibility requirements. I have reviewed the information in this application and all attachments, and I certify that they are true and correct.
__________________________________ ________________________________ Authorized Officer’s Signature Date
__________________________________ ________________________________ Print Name of Officer signing this form Title of Officer signing this form ------------------------------------------------------------------------------------------------------------------------------- - or -
If applicant is an individual artist:
To the best of my knowledge and belief, I meet the appropriate eligibility requirements. I have reviewed the information in this application and all attachments, and I certify that they are true and correct.
__________________________________ ________________________________ Artists Signature Date
__________________________________
Print name of Artist signing this form
EXHIBIT A
N/A N/A N/A N/A 02/06/26 D’Adonis Moquette
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Application Form - Project & Program Grants
Deadline: Hand delivered or received via US Mail by 5:00 pm on March 1 or September 1 Submission Date:
Amount of Grant Request: $ Total Project Budget: $
Applicant/Organization:
Applicant/Organization’s Address:
Applicant/Organization’s Web site:
Preparer’s Name and Title:
Preparer’s Phone: Preparer’s E-mail:
Address (for formal notification):
Describe the art form of the project or program for which support is requested (i.e., Dance, Theater, Visual Arts, Heritage, Infrastructure, Media/Film/New Media, etc.):
Briefly describe the project or program for which support is requested:
Number of people intended to reach: Audience: Participants:
For the purpose of this application, “audience” means the people who will attend the project or program; “participant” means someone who attends a workshop or class, or else has hands-on involvement in the project or program. If the project or program will have both audiences and participants as defined here, please enter both goals.
Date project or program is scheduled to begin:
Note: Project events may begin no earlier than two (2) months after the application deadline.
Date project or program is scheduled to end:
EXHIBIT A
06/27/2026 06/27/2026
Audience members will be general public who come to attend the event, and participants will be staff working the event and audience members who participate in the 6 workshops scheduled during the event. 500 550 D’Adonis Moquette, Event Organizer/Founder D’Adonis Moquette 7,500 $15,000 02/17/26 Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
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Application Form - Project & Program Grants
If needed, please use additional paper for this section.
1. State/describe your organization’s mission or provide an artist’s statement. Include the kind of arts work the organization or artist has done previously and does now. How does this work relate to the proposed project/program? If yours is not an arts organization, state briefly how the arts relate to its mission. (250 words or less)
2. Describe the project or program for which you are seeking the grant. Discuss the project’s origins. Describe the venue/location, the implementation process, and the timeframe.
Discuss the resources — people, money, etc. — you will need to implement the project, whether you already have those resources within your organization or, if not, how you plan to obtain them.
3. How will the requested grant be used in the planning and implementation of the project or program? (500 words or less.)
4. Describe how the program or project specifically addresses one or more of the main strands found in the Cultural Arts Master Plan, artsAlive! (Refer to the Cultural Arts Master Plan Executive Summary in the Public Art Policy Guideline manual.) (250 words or less.)
5. List the individual(s) or organization(s) you will be partnering with on this project. Be specific regarding the support, both financial and in-kind, they will be providing.
EXHIBIT A
INDIVIDUALS (In-Kind):
1.Debbie Brubaker (Universal Pictures)
2.Finley Wise (NetFlix)
3.Faith Alpher (101.7 KKIQ)
4.Brandi Cummings (KCRA)
5.Jerry Henry (Emmy Nominated
Cinematographer)
6.Dr.Rachel Raimist (CSI Vegas, Bel-Air, The
Spiderwick Chronicles, Fantasy Island)
7.Archie Davis (Black Panther 2, Creed 3)
(On-going conversations with more)
8. Ben Casias (Inertia Pictures Inc.)
9. Priscilla Lam (BraveMaker)
The Film and Media Summit directly advances multiple strands of Livermore’s artsALIVE! Cultural Arts Master Plan by expanding public access to arts education, increasing visibility for working artists, and strengthening community based cultural partnerships. The program provides structured arts education through Producing, Directing, and Cinematography workshops, and increases artist visibility through public exhibition and professional panels featuring Television and Broadcast, Producing, and Directing industry professionals. By highlighting diverse and historically underrepresented filmmakers and providing low barrier public participation, the Summit supports community engagement, lifelong arts learning, and equitable access to cultural opportunity while contributing to sustainable arts programming within Livermore’s local creative ecosystem.
The requested grant will support planning and implementation of the Film and Media Summit by funding essential event staff, technical support, workshop instructors, and operational costs needed to deliver a high quality public arts program in Livermore. Funds will support hands on workshops in Producing, Directing, and Cinematography, as well as screenings and industry panels led by working professionals. Additional support will help cover venue operations, event logistics, and guest speaker accommodations. Grant funding will help keep the program affordable and accessible while matching funds and in kind venue support will ensure the event is fully resourced and successfully executed.
CrossWinds Church (501c3) - Providing location, Event Staff, and Facilities Services, (Financial + In-Kind) The Flourish Collective (501c3) - Providing Volunteers and Marketing services for increased visibility (In-Kind) Goodness Village (501c3) - Providing Event Staff Services (In-Kind) Generation 510 - Providing Marketing Services and Sponsor Partnerships/Outreach (In-Kind) GoalLine Studios - Providing Booth Services and Marketing (In-Kind) SF Film - Providing Booth Services and Marketing (In-Kind) Cine Mama - Providing Booth Services and Marketing (In-Kind) 101.7 KKIQ - Providing Booth Services and Marketing (In-Kind) Ranahans - Providing Booth Services and Marketing (In-Kind) BraveMaker - Providing Booth Services and Marketing (In-Kind) Where the Buffalo Roam Production Company - Providing Booth Services and Marketing (In-Kind) Little Giants - Providing Booth Services and Marketing (In-Kind) As a Film major with my BA in Film Production, I’ve first hand seen the severe lack of minority representation in film. Because of this, I originally created several programs (The Black and Underrepresented Film Mentorship Program, The Status Quill Film Festival, The Black History Film Festival) to help bridge the divide of representation in Media. We have procured the venue, which will be on a 45 acre campus with a 1000+ person auditorium, set up with our event team for a single-day event.
My work as a filmmaker and creative program builder focuses on expanding access to professional film and media education, particularly for creative from diverse and historically underrepresented backgrounds. My mission is to create pathways where emerging artists can gain real world knowledge, industry exposure, and meaningful community support so they can build sustainable creative careers. I am a working professional Director/Producer with a work history that includes projects for Marvel, HBO, STARZ, A&E, 20th Century Fox, Facebook, Google, and more.
Previously, I have created “The Black and Underrepresented Film Mentorship Program,” which connected Students with Film Industry Professionals for a workshop with hands-on experience. I have also hosted the NorCal Film Expo which was the largest Film Expo in Northern California that brought in 500 Vendors and 1,000 participants.
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Application Form - Project & Program Grants
Project/Program Budget Worksheet (enter N/A if item does not apply. Attach Budget Notes if necessary.)
PROJECT SUPPORT (Do not include in-kind support)
Earned Revenue Amount Notes
Ticket Sales/Admissions $
Tuition/Workshop fees $
Other: $
Subtotal: Earned Revenue $
Contributed Income Amount In-hand Pending
Contributions (Individuals/Businesses) $ $ $
Grants (Foundations/Government other than City) $ $ $
City of Livermore (other than this grant request) $ $ $ Other: $ $ $
Subtotal: Contributed Income $ $ $
Project & Program Grant Amount Requested $
Total Project Support (Revenue + Income + Grant) $
PROJECT EXPENSE (Do not include in-kind expense)
Personnel Amount Notes
Artistic $
Production $
Administrative $
Other: (describe in Notes) $
Subtotal: Personnel $
General Amount Notes
Venue Rental $
Materials and Supplies $
Marketing and Promotion $
Transportation $
Insurance $
Other: (describe in Notes) $
Subtotal: General $
Total Project Expenses (Personnel + General) $
Project Surplus (Loss) (Total Support minus Total Expense) $ If Project Net is a negative value, explain in the Budget Notes how it will be covered.
Updated budget
received 3/5/26
EXHIBIT A
0 15,000 7,150 7,850 1,350 Event Coordination & Strategy Event Host, Stage manager, Tech Lead, Ticket Lead,
Camera Dep., Volunteer Lead, Sponsor Director, Moderator Exec Team, Event Management, Film
Partnership Manger 2,500 2,500 N/A
Staffing, Janitorial, and Fees
Materials and Supplies will be provided by
the venue free of cost 1,500 Speaker Travel Fees 2,000
300 Event/Location Insurance COI
Event Marketing and Promotional services,
3,350 and Marketing Strategy
Producer, Director, and Cinematographer
Instructors 1,500 7,000 0
0 0 0
0 0
0 0
15,000 7,500 7,000 7,000 0
0 0
7,000 Filmmaker Screening Package 500
Filmmaker screening packages ($100 x 5
Films) 500
Workshops included in admission, no
additional workshop fee. 0
Pending ticket sales revenue (projected).
400 tickets x $30 = $12,000 0
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Matching Funds
All Project and Program Grant applicants must provide at least a dollar-for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.
In-kind contributions are allowed as part of the match only on the following limited basis:
1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,
2. The value of in-kind contributions, i.e., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.
In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.
Source Description Fair Market
Value
$
$
$
$
$
$
Requested Grant Amount: $______________
Cash Match Amount: $______________
In-kind Match Amount: $______________
EXHIBIT A
$5,000 7,500 7,500
In-kind donation of venue facilities
5,000
including Classroom 1, Classroom 2,
Classroom 3, and event support spaces CrossWinds Church Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
764
Project Budget Notes
The projected net income of $0 reflects a conservative financial model that does not yet account for projected ticket revenue, as ticket sales have not opened due to the event’s scheduled date in late Summer 2026. Based on historical attendance benchmarks from comparable regional events, including the NorCal Film Expo (800 attendees) and the Imported Studios Director Workshop (500 attendees), we project attendance between 400–800 participants. Ticket revenue will significantly impact the final net outcome once sales are launched and tracked.
The budget also reflects a $5,000 in-kind venue donation provided by CrossWinds Church, a registered 501(c)(3) nonprofit organization. This contribution was secured through internal staff partnerships and strategic negotiations, reducing overhead and allowing greater allocation toward programming, production quality, and marketing.
Our marketing strategy is intentionally multi-layered and partnership-driven. Promotion will be executed through CrossWinds Church’s established congregation network and communication channels, as well as through The Flourish Collective’s nonprofit donor base and digital platforms. In addition, each confirmed panelist will activate their professional networks to expand reach within the regional film and media industry.
Strategic outreach will also target high school and college film, media, and broadcasting students throughout Northern California to strengthen workforce pipeline engagement.
Vendor and sponsor partnerships further amplify promotional impact. Collaborators including CrossWinds Church, Goodness Village, Generation 510, GoalLine Studios, SF Film, Cine Mama, 101.7 KKIQ, Ranahans, BraveMaker, Where the Buffalo Roam Productions, and Little Giants, have agreed to mutual marketing support through social media, email newsletters, word-of-mouth campaigns, and direct audience invitations.
Additional vendors are being onboarded under cost-efficient agreements that prioritize shared marketing responsibilities, increasing promotional visibility without significantly increasing operating expenses.
This conservative net projection reflects strategic reinvestment into marketing and programming quality at this pre-sales stage, positioning the Film & Media Summit for stronger long-term revenue performance as ticket sales and sponsorship activation progress.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
765
Key Project Individuals
D’Adonis Moquette: Executive and Founder, Workshop Instructor Sarah Holstra: Operations Lead/Event Manager
Tajianna Okechukwu: Film Partnership Director
Debbie Brubaker: Panelist
Archie Davis (Proximity Media): Panelist
Dr.Rachel Raimist (Directors Guild of America): Panelist, Workshop Instructor Jerry Henry (Emmy Nominated Cinematographer): Panelist
Finley Wise (Netflix): Panelist
Ben Casias (Inertia Pictures Inc.): Workshop Instructor, Panelist Faith Alpher (101.7 KKIQ): Host, Panelist
Brandi Cummings (KCRA 3): Panelist
Priscilla Lam (BraveMaker): Panelist
(More Instructors and Panelists are being attached)
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
766
Resumes/Biographies
D’Adonis Moquette
Founder, Filmmaker
Award-winning filmmaker D’Adonis Moquette, a 2025 Tyler Perry Studios Dream Collective Top 100 Director selected from more than 2,500 filmmakers nationwide, continues to expand his footprint across independent film, television, and community-driven media initiatives. A Magna Cum Laude graduate of Sacramento State University’s film program, Moquette has built a career centered on elevating underrepresented voices through commercially viable and socially impactful storytelling.
Moquette began his career as a Production Assistant supporting projects for Marvel, Disney, HBO, STARZ, Facebook Meta, and Google. In 2022, he served as an in-house Producer in New York before returning to Northern California to focus on independent production and regional industry development.
He went on to produce the feature documentary The Right to Exist and later hosted the NorCal Film Expo, now recognized as Northern California’s largest film industry expo.
Moquette also created the Black and Underrepresented Film Mentorship Program, connecting working industry professionals with minority and female film students at no cost to participants.
In television, Moquette directed the Sacramento-based PBS docuseries Citizens of Planet Earth, which generated more than 100 paid job opportunities for local filmmakers and received coverage from ABC10 News. Beyond production, Moquette is active in the public arts and nonprofit sectors. He is a City of Sacramento film grant awardee and grant judge that has helped filmmakers collectively secure more than $60,000 in funding and continues supporting emerging filmmakers through access and guidance.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
767
Sarah Holstra
Operations Lead, Counselor
Sarah Holstra, a Bay Area pastoral counselor and boundary coach, is building a reputation for work that sits at the intersection of mental health, spiritual formation, and relational healing. Holstra serves as Growth Pastor at CrossWinds Church in Livermore, California, where she leads initiatives centered on spiritual development, emotional wellness, and community outreach.
Holstra holds a Master’s degree in Counseling Ministry from California Baptist University and is currently pursuing a Doctor of Ministry in Spiritual Formation and Relational Neuroscience at Western Theological Seminary, with an anticipated completion date of January 2028. She is also a certified SYMBIS facilitator and a Gallup StrengthsFinder coach, equipping individuals and couples with practical tools for relational health, self awareness, and long term emotional growth.
Through her private practice, Love Your Story Therapy in Burlingame, Holstra provides faith integrated counseling and coaching for individuals and couples navigating spiritual trauma, codependency, anxiety, grief, and complex relational challenges. Her approach blends biblical wisdom with practical, clinically informed tools, creating a compassionate and grounded environment for clients to explore both faith and emotional health.
Beyond individual counseling work, Holstra is an active speaker and workshop leader, addressing topics including grief processing, boundary development, forgiveness, emotional resilience, and spiritual restoration. Her work is defined by a commitment to helping individuals and communities experience healing, growth, and deeper connection through faith informed emotional insight.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
768
Tajianna Okechukwu
Instructor, Project Manager
Tajianna Okechukwu is a Bay Area based actor, filmmaker, producer, creative leader and founder of Generation 510, whose work spans film, television, and theater, with a focus on Afro surrealist storytelling and culturally resonant narratives. Known for projects that explore identity, social justice, and the layered realities of the Black experience, Okechukwu has built a multidisciplinary career that bridges performance, directing, production, and community driven media development.
A graduate of Azusa Pacific University, Okechukwu holds a Bachelor of Fine Arts in Theatre Arts and a Bachelor of Arts in Film and Television Studies. As a filmmaker, she has directed short films and music video projects centered on identity, culture, and social impact. Her 2019 mini documentary, Flexin’ in My Complexion, examined the effects of colorism on Black women and premiered at the Mbongui Square Festival before being featured in the Unbound Roots exhibition at SOMArts Cultural Center in San Francisco.
Okechukwu has also established herself as a leader in film education and workforce development. As an instructor with BAYCAT, she supported emerging filmmakers by teaching production fundamentals. She currently serves as Project Manager for Cine Mama, where she supports film programming, community engagement initiatives, and filmmaker support efforts designed to amplify diverse voices in cinema.
Her film and television roles connected to major production companies includes Amazon, Marvel, and A24. Across film, live performance, and media development, Okechukwu remains focused on creating work that reflects the emotional, cultural, and social complexity of modern storytelling while contributing to a more inclusive and representative creative industry.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
769
Debbie Brubaker
Veteran Film Producer
Debbie Brubaker is a veteran film producer and production leader with more than four decades of experience across feature film, television, and independent media production.
Based in the San Francisco Bay Area, Brubaker has played a key role in shaping the region’s independent film ecosystem, earning a reputation as a foundational figure within Northern California’s production community.
Brubaker is known for her work as a producer and production partner on projects with filmmaker and artist Boots Riley, most notably serving as co producer and line producer on the critically acclaimed feature film Sorry to Bother You. The film premiered at Sundance and received widespread recognition for its surrealist storytelling, social commentary on labor and capitalism, and bold visual voice. Riley is also known as the frontman of political hip hop group The Coup and as the creator of the Amazon series I’m a Virgo, which received strong critical attention for its originality and cultural commentary.
Across television and streaming, Brubaker’s credits include work on major series such as The Last Thing He Told Me, Clickbait, The Man in the High Castle, Cosmos: Possible Worlds, and Tales of the City. Her feature film work includes contributions to productions such as Flag Day, Blue Jasmine, Winchester, and The Diary of a Teenage Girl, demonstrating an ability to operate across both studio level and independent filmmaking environments.
In addition to production work, Brubaker is a member of the Directors Guild of America and has been recognized for her commitment to sustainable and responsible production practices. She has also contributed to filmmaker development through teaching and mentorship, including serving as an instructor at City College of San Francisco, where she supported emerging filmmakers entering the industry.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
770
Archie Davis
Creative Executive, Co-Founder of Proximity Media
Archie Davis is a Co-founder of Proximity Media and a creative executive whose work has contributed to culturally defining film and media projects including Black Panther:
Wakanda Forever, Judas and the Black Messiah, Creed III, Space Jam: A New Legacy, and Stephen Curry: Underrated. Through his leadership in music strategy and cultural storytelling, Davis has helped shape the sonic identity and cultural positioning of Proximity Media’s film and television slate, working alongside one of the most influential creative collectives in modern film.
Davis built his career at the intersection of music, marketing, and storytelling, bringing deep experience from executive roles across the music industry. His work has focused on building artist driven campaigns, culturally relevant brand positioning, and music supervision strategy that connects film narratives with contemporary global music audiences. His work in soundtrack strategy and music curation has contributed to projects that have received major critical recognition and award attention across film and music spaces.
Beyond film, Davis has held senior creative leadership roles within the music industry, helping guide artist campaigns, visual branding strategy, and cross platform storytelling initiatives. His work reflects a broader shift in how music, film, and cultural marketing intersect in modern entertainment ecosystems, particularly in projects centered on culturally specific storytelling and global audience engagement.
Davis is also the founder of Six Course, a creative agency and production company focused on brand storytelling, artist development, and cultural marketing strategy.
Through Six Course, he has developed campaigns for artists and global brands, including award winning integrated marketing projects recognized across major advertising and creative industry award platforms. In addition to executive and production work, Davis has been active in mentorship and creative community development, supporting emerging artists, filmmakers, and creatives through advisory roles and industry partnerships.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
771
Dr.Rachel Raimist
Director, First Woman appointed Co-Chair of Special
Projects Committee for Directors Guild of America
Dr. Rachel Raimist is an episodic television director and award winning filmmaker whose credits include Queen Sugar, Greenleaf, Roswell, New Mexico, Wu Tang: An American Saga, The Sex Lives of College Girls, CSI: Vegas, Sex/Life, Up Here, The Spiderwick Chronicles, Bel Air, and Elsbeth.
Before moving into episodic television, Raimist directed Nobody Knows My Name, widely cited as the first documentary centered on women in hip hop, and a film that helped establish her voice at the intersection of culture, gender, and storytelling.
A formerly tenured professor, Raimist’s work is closely associated with feminist media education and mentorship, bridging scholarship with hands-on production practice and career development for emerging storytellers. She has also served as an instructor and mentor within major filmmaker development spaces, including teaching and mentoring roles connected to Sundance and the Tyler Perry Studios Dream Collective, supporting emerging directors and storytellers entering the film and television industry.
In addition to her directing work, she has maintained an active presence in industry leadership through the Directors Guild of America, contributing to committee based initiatives alongside her ongoing creative output in television and documentary spaces.
Across genres ranging from grounded drama to heightened genre storytelling, Raimist is known for character driven work that centers smart women, complicated families, and youth focused narratives, bringing a filmmaker’s eye to large scale television production while sustaining a long standing commitment to culturally specific storytelling.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
772
Jerry Henry
Emmy Nominated Cinematographer
Jerry Henry is an Emmy nominated cinematographer and UCLA Film Lecturer, whose work spans documentary, television, branded storytelling, and independent film. His cinematography credits include high profile nonfiction and broadcast projects across major networks and streaming platforms, where his visual work has been recognized for its strong character focus, naturalistic lighting approach, and emotionally grounded visual storytelling. His Emmy nomination reflects his contribution to documentary and nonfiction cinematography at the national broadcast level.
Henry has built a career photographing projects that center real world stories, cultural narratives, and human centered storytelling. His work is known for blending technical precision with an observational documentary style that prioritizes authenticity, intimacy, and narrative clarity. Across his body of work, he has contributed to projects that have reached wide national audiences through television broadcast, streaming distribution, and festival exhibition.
In addition to his production work, Henry is widely respected as an educator and cinematography instructor, where he has helped train emerging filmmakers and camera professionals entering the industry. His teaching focuses on both technical mastery and storytelling fundamentals, including lighting design, camera movement, visual composition, and working within real world production environments.
Henry’s instructional work has supported filmmakers at multiple stages of their careers, from early stage students to working professionals expanding into advanced cinematography roles. His work reflects a commitment to expanding access to technical film education while maintaining high professional production standards.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
773
Finley Wise
Netflix Producer
Finley Wise is a producer whose work spans digital media, streaming content, and large scale platform storytelling, with production experience across major technology and entertainment companies. He previously worked as a Producer at Meta, where he contributed to content and media initiatives designed for global scale digital audiences, before transitioning into long form and streaming production. He currently works as a Producer at Netflix, supporting content development and production within one of the world’s largest streaming entertainment platforms.
During his time at Meta, Wise worked at the intersection of technology, storytelling, and audience engagement, contributing to productions built for high volume digital distribution and platform native storytelling. His work focused on managing production workflows, coordinating cross functional teams, and delivering content designed for fast moving digital ecosystems and large scale user reach.
At Netflix, Wise has expanded into long form production, working within global streaming content pipelines that support series, documentary, and platform driven storytelling initiatives. His work reflects the shift of digital first producers into premium streaming production environments, where platform scale, global audiences, and high production standards intersect.
Wise is known for production leadership that emphasizes collaboration, efficiency, and adaptability across complex production environments. His experience working inside both major technology and entertainment companies allows him to bridge production workflows between digital content ecosystems and traditional long form production structures.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
774
Ben Casias
Production Company Owner,
Cinematographer
Ben Casias is a San Francisco Bay Area based director of photography, camera operator, and entrepreneur and the owner of Inertia Pictures Inc., a production company specializing in cinematic camera movement solutions across film, commercial, sports broadcast, and live event production. Through Inertia Pictures, Casias has built a reputation for delivering high level Steadicam, jib, and stabilized camera work across narrative, branded, and broadcast environments.
Casias is known for his work as a camera operator on Ryan Coogler’s Fruitvale Station, the Sundance and Cannes recognized feature that helped launch Coogler’s directing career. His work on the film contributed to the project’s grounded, immersive visual style, supporting intimate character driven storytelling through dynamic handheld and stabilized camera operation.
In large scale production environments, Casias has operated jib and specialty camera systems across major commercial, broadcast, and live event productions. His technical precision and ability to execute complex camera movement has made him a sought after operator on productions requiring cinematic movement at scale.
Within sports broadcasting, Casias has operated cameras for major network productions including work connected to NBC and Telemundo sports programming. His sports production experience includes live game coverage, studio broadcast operation, and pre and post game show camera operation, requiring real time technical execution in fast paced live environments.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
775
Faith alpher
On-Air Personality 101.7 KKIQ
Faith Alpher is a radio host, media personality, and broadcast producer known for her work in regional radio and community focused media programming. She has built a career centered on audience engagement, conversational broadcasting, and personality driven content that connects music, culture, and community storytelling through live radio and digital audio platforms.
Alpher is widely recognized for her on air presence and ability to connect with listeners through authentic, conversational broadcast style. Her work has spanned music programming, community spotlight segments, artist interviews, and listener engagement driven content designed to create a strong connection between local audiences and regional culture.
In addition to on air hosting, Alpher has contributed to the operational and production side of radio broadcasting, supporting show development, segment planning, live broadcast coordination, and audience focused programming strategy. Her experience reflects a strong understanding of both performance and production within live broadcast environments.
Throughout her career, Alpher has supported local artists, community organizations, and regional events through broadcast promotion and on air features. Her work has helped amplify local voices, independent music, and community driven storytelling through radio and digital audio distribution.
Her broadcasting style is known for balancing entertainment, information, and community connection, creating programming that is accessible to wide listener demographics while maintaining strong regional identity and cultural relevance.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
776
Brandi Cummings
News Anchor, KCRA 3
Brandi Cummings is an award winning journalist and news anchor at KCRA 3, the NBC affiliate serving the Sacramento region. Since joining the station in 2018, she has reported on major Northern California stories including wildfire coverage, severe weather events, and public health developments, with reporting that often centers on community impact, equity, and representation.
In addition to her on air work, Cummings serves as President of the National Association of Black Journalists Sacramento Chapter, where she leads initiatives focused on supporting Black journalists, expanding newsroom diversity, and strengthening professional development pipelines for emerging media professionals. She is also a two time NABJ Salute to Excellence Award recipient, recognized for investigative reporting on topics including police diversity and mental health within law enforcement.
Prior to joining KCRA, Cummings worked as an anchor and reporter in multiple broadcast markets across the country, including Virginia, Georgia, and South Carolina.
She began her career in news as a producer in her hometown of Augusta, building a foundation in newsroom operations, story development, and broadcast production.
Beyond broadcasting, Cummings has contributed to journalism education, serving as an adjunct professor at Hampton University’s Scripps Howard School of Journalism and Communication. In this role, she mentored aspiring journalists and supported production leadership for the university’s student newscast.
Cummings is also a published author and community program creator. She authored the poetry collection Straight to the Heart: Life & Love and founded the Loving Me Seminar, a program focused on empowering teen girls through self esteem development, confidence building, and personal growth education.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
777
Priscilla Lam
Director of Community Engagement at BraveMaker
Priscilla Lam is a producer, community organizer, and creative leader known for her work supporting independent filmmakers and mission driven storytelling through nonprofit and community based film initiatives. She is a key leader within BraveMaker, a nonprofit organization focused on empowering diverse filmmakers, amplifying underrepresented voices, and creating pathways for independent film production, exhibition, and community engagement.
Through her work with BraveMaker, Lam has supported film festival programming, filmmaker development initiatives, and community storytelling projects designed to create access and visibility for emerging and historically underrepresented creators. Her work focuses on building sustainable creative ecosystems where filmmakers can develop projects while also building professional networks and long term industry opportunities.
Lam has played an active role in supporting film education, mentorship programming, and community partnerships that connect filmmakers with resources, audiences, and collaborative creative opportunities. Her work reflects a strong commitment to using film as a tool for social connection, representation, and community impact.
In addition to programming and community leadership, Lam has contributed to production coordination, event planning, and filmmaker support infrastructure across nonprofit film spaces. Her experience spans festival operations, filmmaker outreach, and partnership development across regional and national creative networks.
Her work is closely aligned with projects that explore identity, social justice, cultural storytelling, and human centered narratives. She has supported initiatives that help filmmakers bring authentic stories to audiences while helping organizations build stronger relationships with creative communities.
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
778
Film & Media
Summit
Featuring Black, Minority and Female Film Industry Panels and Workshops SATURDAY JUNE 27TH
11AM - 7:30PM
1660 FREISMAN ROAD, LIVERMORE, CA 94551
Event Overview
The Film & Media Summit unites filmmakers, media professionals, highlighting Black, Minority & Female talent for a day of panels, workshops, showcases, and networking. It aims to strengthen Northern California's film and media workforce by connecting companies with new creative professionals and supporting the regional production ecosystem.
Who You Will Reach
Attendee
Purchasing
Power
82%
18%
82% of trade show attendees have
purchasing authority, meaning they
can make final purchasing decisions
for their companies.
BAY AREA RESIDENTS
The event will take place on a
35-acre property in Livermore,
CA. Equipped with a 800 seat
auditorium. We are currently
projected to have an
attendance rate between 500-
800 participants according to
other similar events.
FILMMAKERS PANEL +
WORKSHOP
Industry Professionals and
Indie Filmmakers, there to
partake in our 3 live Director,
Producer, and Media Panels.
BUSINESS OWNERS AND
ORGANIZATIONS
Production Company owners,
Commercial Producers,
Organizations, Small
Businesses, Videographers,
Photographers, etc.
Featuring Professionals Connected to Entertainment Networks such as:
Company logos are used for industry experience representation only • No sponsorship or endorsement implied Exhibitor Package Includes
Booth Space at Event Venue
Direct Access to Attendees
Event Program and Digital Recognition
Social Media Recognition
Sponsorship Branding on Event Marketing
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
779
Press Articles (D’Adonis Moquette)
ABC10 Docuseries Spotlight (Citizens of Planet Earth):
https://www.abc10.com/video/entertainment/television/programs/morning-blend/ne w-national-pbs-series-on-fast-fashion-filming-in-old-sacramento/103-19757e1d-42 ac-4ee2-97ad-575318d9415c
Tyler Perry Studios Dream Collective Acceptance Video (Awardee):
https://youtu.be/L9K2q5Ly-5E
CBS 13 Film Grant Spotlight (Awardee):
https://www.cbsnews.com/sacramento/news/sacramento-offering-new-grants-to-he lp-launch-local-films/
My58 News Film Festival Spotlight (Founder):
https://www.youtube.com/watch?v=zAOJQJVOzJk
EXHIBIT A
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
780
Revised 9/21/2015 B15 – 1M GL Only
EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
Commercial General Liability, including operations, products and completed operations, as applicable: $1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and noncontributory and will not seek contribution from the City’s insurance or selfinsurance 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 noncontributory 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, Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
781
Revised 9/21/2015 B15 – 1M GL Only
including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee'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
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
Docusign Envelope ID: A297C7A2-B410-80F4-835C-638FBAA34B76
EXHIBIT C
782
Project and Program Grant Agreement Page 1
Rev. 10/2023
AGREEMENT BETWEEN CITY OF LIVERMORE
AND
LIVERMORE FILIPINO AMERICAN ORGANIZATION
FOR FISCAL YEAR 2026-27
PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and Livermore Filipino American Organization, a California non-profit Corporation (“Grantee”).
RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.
D. Grantee has applied to City for funding for a project or program to promote and host the Filipino Barrio Festival (“Project”).
E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.
F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
EXHIBIT D
783
Project and Program Grant Agreement Page 2
Rev. 10/2023
Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: artistic and educational opportunities.
1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: Multi-Cultural festival on 10/4/2026 (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non-compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
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Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Livermore Filipino American Organization
Attn: Arthur Barinque
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.
2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
Grantee further covenants that in the performance of this Agreement, no persons who Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.
3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENTIRE AGREEMENT
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This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
Livermore Filipino American Organization
501(c)3 Non-Profit Corporation
“Grantee”
By:___________________________ Dated:____________________________ PRINT NAME: Arthur Barinque
TITLE: President
CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Marianna Burch
City Manager
APPROVED AS TO FORM:
______________________________
DEPUTY/ASSISTANT/CITY ATTORNEY
Attachments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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Project & Program Grant
City of Livermore
Library
Commission for the Arts
Application Form, Instructions, and Checklist
Applications are due on March 1 and September 1 each year Completed grant applications must be:
Delivered (in person or by commercial service such as FedEx, UPS, etc.) to the Livermore Public Library c/o Commission for the Arts by 5 p.m. on March 1 and September 1, or
Sent First Class or Priority Mail by the US Postal Service to be received at the City no later than March 1 and September 1.
Send or deliver applications to:
Livermore Public Library
1188 S. Livermore Avenue
Livermore, CA 94550
Attn: Commission for the Arts Staff Liaison
This packet contains the Application Checklist and instructions for completing the application.
EXHIBIT A
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Applicant Name:
APPLICATION CHECKLIST - This Checklist is required and must be submitted as part of the completed Application. All Project & Program Grant applicants are required to submit the following:
One original set of the Application, collated in the following order:
1. Application Checklist (this page).
2. Start date: Do(es) the event(s) related to this project begin at least two (2) months after the application deadline?
3. Organizational Summary, signed by the organization’s executive director, managing director, president, board chair, or other authorized officer of the organization, or by the applying artist.
4. If you are an organization, submit a list of current officers and Board members with their term of office.
5. If you are a 501(c)(3), submit a copy of your 501(c)(3) determination letter from IRS. 6. Application Form, beginning on page 1, continuing through the Project Budget Summary.
7. Notes to the Project Budget, and a detailed list of In-Kind contributions. 8. List of key project individuals, including principal artists and project managers, with a very brief job description (e.g., a self-explanatory job title) for each. 9. Resumes/biographies of key project individuals, generally one page each. 10. Up to four items in any combination of brochures, catalogues, performance programs, or similar organizational publications/materials; if available. 11. Up to four recent press reviews or articles, or similar independently generated published materials, if available. (Note: Calendar listings are not suitable.) 12. NOTE: During the review process you may be requested to submit samples of other work you have produced (work samples). See Chapter 3 – Grants for more information about work samples.
Standards for Preparing Applications
Please read the following carefully. Applicants are responsible for completing and submitting a full application package with all required attachments by the deadline. Incomplete applications will not be accepted for Commission evaluation.
1. Applicants must not modify the format of the application form or exceed the maximum length of any section of the form, except where otherwise noted.
2. All required attachments (except pre-printed ones) must be typed or computer-prepared in a type size that is no smaller than 12 pt. Times/Times New Roman, or 10 pt. Arial/Helvetica.
3. Complete all pages of the application form and all required attachments. (Use “N.A.” if a section does not apply to your organization.) Provide information that is current as of the application deadline. Budget pages and budget notes must be complete.
EXHIBIT A
x
x
x
x
x
x
x
x
x
x
x
x
Livermore Filipino-American Organization
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Certification
If applicant is an organization:
I certify that the by-laws of this organization or a resolution of its governing body authorizes me to enter into legal agreements for the organization and to submit this application. To the best of my knowledge and belief, this organization meets the appropriate eligibility requirements. I have reviewed the information in this application and all attachments, and I certify that they are true and correct.
__________________________________ ________________________________ Authorized Officer’s Signature Date
__________________________________ ________________________________ Print Name of Officer signing this form Title of Officer signing this form ------------------------------------------------------------------------------------------------------------------------------- - or -
If applicant is an individual artist:
To the best of my knowledge and belief, I meet the appropriate eligibility requirements. I have reviewed the information in this application and all attachments, and I certify that they are true and correct.
__________________________________ ________________________________ Artists Signature Date
__________________________________
Print name of Artist signing this form
EXHIBIT A
Arthur Barinque Board Chair 3/1/2026
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Application Form - Project & Program Grants
Deadline: Hand delivered or received via US Mail by 5:00 pm on March 1 or September 1 Submission Date:
Amount of Grant Request: $ Total Project Budget: $
Applicant/Organization:
Applicant/Organization’s Address:
Applicant/Organization’s Web site:
Preparer’s Name and Title:
Preparer’s Phone: Preparer’s E-mail:
Address (for formal notification):
Describe the art form of the project or program for which support is requested (i.e., Dance, Theater, Visual Arts, Heritage, Infrastructure, Media/Film/New Media, etc.):
Briefly describe the project or program for which support is requested:
Number of people intended to reach: Audience: Participants:
For the purpose of this application, “audience” means the people who will attend the project or program; “participant” means someone who attends a workshop or class, or else has hands-on involvement in the project or program. If the project or program will have both audiences and participants as defined here, please enter both goals.
Date project or program is scheduled to begin:
Note: Project events may begin no earlier than two (2) months after the application deadline.
Date project or program is scheduled to end:
EXHIBIT A
10/4/2026 10/4/2026 5,000 300 Multicultural festival. Mixed, dance, heritage, culture, art, performing, literary, film, new media. Arthur Barinque www.livermorefilam.org Livermore Filipino-American Organization 10,000.00 30,000.00 3/2/2026 (3/1/2026 was a Sunday) Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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Application Form - Project & Program Grants
If needed, please use additional paper for this section.
1. State/describe your organization’s mission or provide an artist’s statement. Include the kind of arts work the organization or artist has done previously and does now. How does this work relate to the proposed project/program? If yours is not an arts organization, state briefly how the arts relate to its mission. (250 words or less)
2. Describe the project or program for which you are seeking the grant. Discuss the project’s origins. Describe the venue/location, the implementation process, and the timeframe.
Discuss the resources — people, money, etc. — you will need to implement the project, whether you already have those resources within your organization or, if not, how you plan to obtain them.
3. How will the requested grant be used in the planning and implementation of the project or program? (500 words or less.)
4. Describe how the program or project specifically addresses one or more of the main strands found in the Cultural Arts Master Plan, artsAlive! (Refer to the Cultural Arts Master Plan Executive Summary in the Public Art Policy Guideline manual.) (250 words or less.)
5. List the individual(s) or organization(s) you will be partnering with on this project. Be specific regarding the support, both financial and in-kind, they will be providing.
EXHIBIT A
Addendum Addendum Addendum Addendum Addendum
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Application Form - Project & Program Grants
Project/Program Budget Worksheet (enter N/A if item does not apply. Attach Budget Notes if necessary.)
PROJECT SUPPORT (Do not include in-kind support)
Earned Revenue Amount Notes
Ticket Sales/Admissions $
Tuition/Workshop fees $
Other: $
Subtotal: Earned Revenue $
Contributed Income Amount In-hand Pending
Contributions (Individuals/Businesses) $ $ $
Grants (Foundations/Government other than City) $ $ $
City of Livermore (other than this grant request) $ $ $ Other: $ $ $
Subtotal: Contributed Income $ $ $
Project & Program Grant Amount Requested $
Total Project Support (Revenue + Income + Grant) $
PROJECT EXPENSE (Do not include in-kind expense)
Personnel Amount Notes
Artistic $
Production $
Administrative $
Other: (describe in Notes) $
Subtotal: Personnel $
General Amount Notes
Venue Rental $
Materials and Supplies $
Marketing and Promotion $
Transportation $
Insurance $
Other: (describe in Notes) $
Subtotal: General $
Total Project Expenses (Personnel + General) $
Project Surplus (Loss) (Total Support minus Total Expense) $ If Project Net is a negative value, explain in the Budget Notes how it will be covered.
EXHIBIT A
LFAO funds allocated will cover any loss after sponsorship. 7,000.00 40,500.00 7,500.00 1,500.00 5,000.00 Marketing team, video, stream 1,000.00 Hospitality, educational materials 33,000.00 6,000.00 Coordination 15,000.00 Sound, rentals, logistics 12,000.00 Artists, arts activities 33,500.00 10,000.00 19,500.00 2,500.00 15,000.00 LFAO funds carried over from 2025 2,500.00 2,500.00 15,000.00 15,000.00 2,000.00 4,000.00 Vendor Fees 4,000.00 Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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Matching Funds
All Project and Program Grant applicants must provide at least a dollar-for-dollar (one-to-one) match for the grant award, no less than 50 percent of which must be a cash match. The cash match must be from sources other than the City of Livermore.
In-kind contributions are allowed as part of the match only on the following limited basis:
1. In-kind contributions cannot be used for more than half of the required match, in other words, they cannot represent more than 50 percent of the value of the grant award; and,
2. The value of in-kind contributions, i.e., goods and services, must offset line item expenditures in the project budget and their value must be documentable with invoices or billing statements.
In-kind contributions must be listed below or on a separate sheet attached to the Budget Notes.
Source Description Fair Market
Value
$
$
$
$
$
$
Requested Grant Amount: $______________
Cash Match Amount: $______________
In-kind Match Amount: $______________
EXHIBIT A
10,000.00 10,000.00 1,000.00 1,500.00 2,500.00 5,000.00 Sponsorship Sponsorship Sponsorship
Sponsorship Tri-Valley Nonprofit Alliance Visit Tri-Valley Las Positas College Livermore Valley Arts Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
EXHIBIT D
798
Organization Name
Livermore Filipino-American Organization
Mailing Address
Nonprofit Status Level
501(c)(3)
Tax ID Number
Organization Website
https://www.livermorefilam.org
Mission of Organization
Our mission is to promote Filipino-American culture and heritage by providing deliberate community engagements and educational programs in Livermore and the surrounding areas.
Current programs and activities
Livermore Fil-Am Cultural Dance Troupe preserves the tradition of Filipino cultural dance and music through weekly practices and multiple performances throughout the year. The Livermore Fil-Am Scholarship Awards provide recognition and encouragement to the children of the organization's members to pursue higher education at an accredited college or university. Livermore Fil-Am hosts multiple annual events such as Filipiniana and Filipino Barrio Fiesta. Livermore Fil-Am also attends various functions and events in support of other organizations, schools, and groups.
A few top accomplishments within the last 3 years
* Grow its budget from $10,000 to $40,000
* Receive several notable grants
* Increase donations by 30%
* Invest in its capacity and knowledge building via retreats, etc. * Agreed upon one mission
* Increase its membership base
* Double board membership and interest
* Produce a season of noteworthy events such as Filipiniana and Filipino Barrio Fiesta Organization’s Annual Budget
$40,000.00
Note
Livermore Filipino-American Organization is an all volunteer board.
The above information is correct and true.
Arthur Barinque
Arthur Barinque, Board Chair LFAO
EXHIBIT A
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1. Livermore Filipino-American Organization’s mission is to promote Filipino American culture and heritage by providing deliberate community engagements and educational programs in Livermore and the surrounding areas. Livermore Filipino-American Organization (LFAO) has continuously provided free community cultural programming in Downtown Livermore since 2016. For ten years, Filipino Barrio Fiesta (FBF) has been held on the first Sunday of October celebrating Filipino American History Month.
2. FBF is a safe, secure, accessible, multigenerational, and inclusive event. FBF began in 2016 with a proclamation from then Mayor John Marchand proclaiming October Filipino American History Month in Downtown Livermore. Over the last ten years, FBF has grown to be the largest attended Filipino American celebration in the Tri-Valley. LFAO partners with local nonprofits, businesses, and community groups to share resources and ensure success for all involved and the community.
3. The awarded gift amount will help Filipino Barrio Fiesta achieve success by providing funding to be used towards artistic and educational activities and artists payments.
4. Strand 1: Promote the unique sense of place in Livermore, including the creation of a Cultural Arts District.
● FBF promotes Livermore’s uniqueness through historical representation, ie farm worker contributions locally, regionally, and nationally. ● Downtown Livermore is recognized as a place where cultural celebrations happen due to the consistency of events occurring over time. FBF has contributed to this recognition.
Strand 2: Ensure the visibility and vitality of cultural arts organizations, artists and arts Educators for all residents and visitors to the city through facilitation of partnerships and Support for organizational strengthening within the arts, culture, and heritage communities.
● LFAO has been able to increase visibility of community partners, local businesses, and local artists throughout the years by creating an event ecosystem where participants can learn, businesses can grow, artists can engage, and all involved can thrive.
Strand 3: Leverage the innate ability of arts engagement to create a sense of community and life long learning by supporting a diverse range of publicly accessible opportunities for all residents, businesses and visitors to participate, with a special focus on youth. ● FBF creates a sense of community and belonging for all, especially youth who have felt like they do not belong. FBF brings thousands of people together. FBF has always been youth focused with youth artists performing, participating, coordinating, and leading. Local youth groups from Granada High School,
EXHIBIT A
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Livermore High School, and Las Positas College have had a major role and presence at FBF every year since the beginning in 2016.
Strand 4: Provide long-term, sustainable resources that enable the City to support the arts and culture community as a resource for all residents, visitors and businesses. ● FBF provides tourism revenue to local businesses who look forward to the event every first Sunday of October. In 2025, attendees brought $231,000.00 in tourism revenue to small businesses in Livermore. These businesses in turn support FBF through sponsorship, promotion, and shared resources creating a support network for sustainability. FBF is also a resource providing space and supporting micro businesses at the event. Attendees look forward to having these cultural micro-businesses pop up annually and plan their day around visiting these businesses while they are here in Downtown Livermore.
Filipino Barrio Fiesta addresses all four strands as described in the Cultural Arts Master Plan.
5. Partners: Livermore Valley Arts, Consulting. Cheza Nami Foundation, Consulting.
Sponsors: Livermore Valley Arts, Las Positas College, Visit Tri-Valley, Tri-Valley Nonprofit Alliance. Participants: Tri-Valley Nonprofit Alliance, Resource Village, Tri-Valley Native American Center, Artistic Partner
EXHIBIT A
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2026-2027 Livermore Filipino-American Organizaton, Inc.
Position Full Name Contact Email Contact Phone
President Arabela Dimazana
Vice President Violet Bose
Public Relations Officer Jayson Sanchez
Recording Secretary Pauline Evangelista
Corresponding Secretary Rhoda Pereira
Treasurer Correy Painter
Auditor Mona San Juan
Board Chair Arthur Barinque
Board Member Randy Fortes
Board Member Christine Cruz
Board Member Venus Cruz
Board Member Jessie Rigador
Board Advisor Cherry Marcelo
Board Advisor Ruby Cruz
EXHIBIT A
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802
EXHIBIT A
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EXHIBIT A
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Arthur
Barinque
Business Owner
Arthur Barinque
ㅡ
Bio With over a decade of knowledge and hands-on experience in planning and executing diverse high profile collaborative events and programs, Arthur serves and unifies his local community in Livermore and acts as a bridge to the Tri-Valley and greater San Francisco Bay Area. ㅡ
Skills Public Speaking, Non-Profit Leadership, Fundraising, Grant Writing, Community Building, Marketing.
ㅡ
Experience AB Events and Entertainment / Owner
MARCH 2022 - PRESENT, LIVERMORE
Event production and artist management company.
AB Consulting / Owner
MARCH 2022 - PRESENT, LIVERMORE
Nonprofit consulting company focused on fundraising, grant writing, strategic planning, and events.
Cultural Celebration Series / Events Producer
OCTOBER 2016 - PRESENT, LIVERMORE
Produced a season of nine free multicultural community festivals in Downtown Livermore.
Livermore Valley Performing Arts Center / Events Manager OCTOBER 2016 - PRESENT, LIVERMORE
Coordinated and executed a calendar of fundraising events.
Center for Excellence in Nonprofits / Leadership Development JUNE 2021 - JANUARY 2023, REDWOOD CITY
Facilitated nonprofit governance classes, provided consultation for Silicon Valley nonprofits, managed executive leadership training cohort programs.
EXHIBIT A
Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
EXHIBIT D
805
Leadership
Livermore Filipino-American Organization / Board President JANUARY 2022 - PRESENT, LIVERMORE
Leading the executive board, representing the organization, and ensuring the nonprofit’s mission is met.
Alameda County Arts Commission / District 1 Arts Commissioner JANUARY 2013 - JUNE 2017, LIVERMORE
Implemented public art programs across Alameda County.
Livermore Commission for the Arts / Arts Commissioner
JANUARY 2012 - JUNE 2016, LIVERMORE
Implemented public art programs in Livermore..
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Education Alameda County Office of Education / AME CTE Teacher JUNE 2024 - PRESENT, LIVERMORE
San Francisco State University / Communications
AUGUST 2008 - JUNE 2010, SAN FRANCISCO
Las Positas College / AA Visual Communications
JANUARY 2007 - JUNE 2008, LIVERMORE
EXHIBIT A
Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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806
FILIPINO BARRIO FIESTA 2026 - Responsibilities
Organization: Livermore Filipino-American Organization
Event Coordinator: Arthur Barinque
Title of Event: Filipino Barrio Fiesta
Date: Sunday October 4th, 2026
Time: 10am-8pm
Location: Bankhead Plaza, Downtown Livermore
Event Goal(s):
A Multicultural Event Producer plans, coordinates, and executes events that celebrate and engage diverse cultural communities. This role involves working closely with community leaders, artists, vendors, and sponsors to ensure that cultural authenticity and inclusivity are reflected in all aspects of event production.
Attributes for Success
● Deep commitment to diversity, equity, and inclusion.
● High cultural sensitivity and the ability to navigate diverse environments with respect and diplomacy. ● Creativity, flexibility, and grace under pressure.
● Self-starter who thrives both independently and in collaborative teams.
Key Responsibilities
● Plan, coordinate, and produce multicultural events from concept to execution, ensuring alignment with cultural values and organizational goals.
● Collaborate with community leaders, cultural groups, and stakeholders to design inclusive and respectful programming.
● Manage logistics including budgeting, permits, vendor sourcing, contracts, and event staffing. ● Curate culturally relevant experiences such as performances, workshops, food vendors, and panel discussions.
● Lead marketing and outreach efforts in partnership with the communications team to ensure diverse audience engagement.
● Foster relationships with multicultural media outlets, community organizations, and potential sponsors.
● Oversee on-site production, including set-up, run-of-show, and breakdown. ● Evaluate events post-production, collecting data and feedback to inform future improvements.
EXHIBIT A
Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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807
Project Scope
Deliverable Notes
Goal Planning Introduce, understand, and agree upon goals of the event.
Project Budget Maintain project budget accordingly.
Venue Coordination Coordinate and communicate logistics with the venue point of contact.
Communication Communicate with all involved parties towards the success of the event. Host meetings with vested parties.
Timeline Creation Create and adhere to timelines that describe the success of the event.
Corporate Sponsorship Coordinate securing corporate sponsors.
Donors Identify, introduce, and cultivate donor base for event.
Grants Identify and apply for grants relative to the event.
Stage Management Coordinate and communicate logistics with performers and sound management.
Day-of Logistics Perform day-of event responsibilities in a timely, efficient, and satisfactory manner.
Volunteer Coordination Coordinate volunteer roles and responsibilities for event.
Intern Coordination Coordinate intern roles and responsibilities for event.
Marketing Collaborate with the marketing department in regards to marketing needs for the event.
Food and Beverage Coordination of food and beverage logistics.
Close Out Follow up thank you’s and post event logistics.
EXHIBIT A
Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
EXHIBIT D
808
Revised 9/21/2015 B15 – 1M GL Only
EXHIBIT B
INSURANCE REQUIREMENTS
Minimum Scope and Limits of Insurance
Grantee shall maintain limits no less than:
Commercial General Liability, including operations, products and completed operations, as applicable: $1,000,000/$2,000,000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide, or be endorsed to provide, that the SIR may be satisfied by either the named insured or the City of Livermore. The City of Livermore reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII and accepted to do business in the State of California, unless otherwise acceptable to the City of Livermore.
Other Insurance Provisions
The general liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Livermore, its officers, officials, employees, and designated volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City of Livermore, its officers, officials, employees, or volunteers.
2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. The additional insured coverage under the Grantee’s policy shall be primary and noncontributory and will not seek contribution from the City’s insurance or selfinsurance 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 noncontributory 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, Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
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including breaches of warranties, shall not affect coverage provided to the City of Livermore, its officers, officials, employees, or volunteers.
4. The Grantee'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
Grantee shall furnish certificates of insurance and endorsement(s) effecting coverage to the City of Livermore for approval. The endorsements shall be on forms acceptable to the City of Livermore. All certificates and endorsements are to be received and approved by the City of Livermore before work commences. The City of Livermore reserves the right to require complete and certified copies of all insurance policies required by this Agreement.
Docusign Envelope ID: D957CBB4-4A1F-86F4-827D-23B946059315
EXHIBIT D
810
Project and Program Grant Agreement Page 1
Rev. 10/2023
AGREEMENT BETWEEN CITY OF LIVERMORE
AND
LIVERMORE VALLEY PERFORMING ARTS CENTER
FOR FISCAL YEAR 2026-27
PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2026, between the City of Livermore, a municipal corporation (“City”), and Livermore Valley Performing Arts Center, a California non-profit Corporation (“Grantee”).
RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.
B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.
C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.
D. Grantee has applied to City for funding for a project or program to Artwalk Livermore arts festival (“Project”).
E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.
F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:
I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
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Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Artwalk Livermore arts festival
1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
2. Service Objective: Host a family friendly day of fine arts, hand crafts, and live music (“Activities”).
3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.
B. Budget
City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.
C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.
Substandard performance as determined by City will constitute non-compliance with this Agreement.
II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.
III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.
The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.
IV. NOTICES
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Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:
City: City of Livermore
Attn: Allen McFarland, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Livermore Valley Performing Arts Center
Attn: Anne Giancola
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.
B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.
Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.
C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.
D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
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813
Project and Program Grant Agreement Page 4
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connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.
E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.
F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.
City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.
G. Suspension, Termination, Return of Funds
1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.
City shall give Grantee written notice of any failure to comply with the Agreement.
If Grantee does not remedy the deficiency or non-compliance within fifteen (15) calendar days after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.
Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
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814
Project and Program Grant Agreement Page 5
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found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.
2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.
Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.
3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.
Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.
Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.
VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping
1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.
2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.
3. Objectives: Grantee agrees to maintain documentation that demonstrates Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
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that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.
4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.
B. Reporting and Payment Procedures
1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.
2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.
3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.
VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.
B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.
Code §§ 81000 et seq.) and related regulations (2 Cal. Code Regs. §§ 18109 et seq.) with respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.
Grantee further covenants that in the performance of this Agreement, no persons who Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
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Project and Program Grant Agreement Page 7
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exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.
C. Subcontracts
1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.
2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.
3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.
D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.
E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.
VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
IX. WAIVER
City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
X. ENTIRE AGREEMENT
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817
Project and Program Grant Agreement Page 8
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This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.
XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.
XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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SIGNATURES AND ATTACHMENT LIST ON NEXT PAGE
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EXHIBIT E
818
Project and Program Grant Agreement Page 9
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.
Livermore Valley Performing Arts Center
501(c)3 Non-Profit Corporation
“Grantee”
By:___________________________ Dated:____________________________ Anne Giancola
Visual Arts and Education Manager
CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Marianna A. Burch
City Manager
APPROVED AS TO FORM:
______________________________
DEPUTY/ASSISTANT/SENIOR ASSISTANT/CITY ATTORNEY
Attachments:
Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99 5/1/2026 | 11:52 AM PDT
EXHIBIT E
819
Applicant Name: __ L_i
v_e_rm_
o
_
r
e_v_a_ l
_
le_y_A_ r
_ts _______________ _
APPLICATION CHECKLIST - This Checklist is required and must be submitted as part of the completed Application. All Project & Program Grant applicants are required to submit the following:
One original set of the Application, collated in the following order:
� 1. Application Checklist (this page).
� 2. Start date: Do(es) the event(s) related to this project begin at least two (2) months after the application deadline?
� 3. Organizational Summary, signed by the organization's executive director, managing director, president, board chair, or other authorized officer of the organization, or by the applying artist.
Cl: 4.
Ga 5.
Ga 6.
� 7.
� 8.
(XI 9.
� 10.
Ql 11.
□ 12.
If you are an organization, submit a list of current officers and Board members with their term of office.
If you are a 501 (c)(3), submit a copy of your 501 (c)(3) determination letter from IRS.
Application Form, beginning on page 1, continuing through the Project Budget Summary.
Notes to the Project Budget, and a detai
l
ed list of In-Kind contributions.
List of key project individuals, including principal artists and project managers, with a very brief job description (e.g., a self-explanatory job title) for each.
Resumes/biographies of key project individuals, generally one page each.
Up to four items in any combination of brochures, catalogues, performance programs, or similar organizational publications/materials; if available.
Up to four recent press reviews or articles, or similar independently generated published materials, if available. (Note: Calendar listings are not suitable.) NOTE: During the review process you may be requested to submit samples of other work you have produced (work samples). See Chapter 3 - Grants for more information about work samples.
Standards for Preparing Applications
Please read the following carefully. App l
icants are responsible for completing and submitting a
full application package with all required attachments by the deadline. Incomplete applications will not be accepted for.Commission evaluation.
1. Applicants must not modify the format of the application form or exceed the maximum length of any section of the form, except where otherwise noted.
2. All required attachments (except pre-printed ones) must be typed or computer-prepared in a type size that is no smaller than 12 pt. Times/Times New Roman, or 10 pt. Arial/Helvetica.
3. Complete all pages of the application form and all required attachments. (Use "N.A" if a section does not apply to your organization.) Provide information that is current as of the application deadline. Budget pages and budget notes must be complete.
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EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
834
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
835
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
836
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
837
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
838
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
839
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
840
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
841
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
842
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
843
EXHIBIT A
Docusign Envelope ID: 69747E56-6CC2-8A1A-81EE-3229BF1C6A99
EXHIBIT E
844
Revised 9/21/2015 B15 – 1M GL Only