Newark City Council
March 9, 2023

AGENDA
Thursday, March 9, 2023
7:00 P.M.

A. ROLL CALL
B. PRESENTATIONS

1. Commending Katie Thepkaisone

2. Proclaiming March 2023 as the 21st Annual March for Meals Month C. PUBLIC COMMENT
The public is invited to address the City Council on any item not listed on the agenda. Public Comments are generally limited to 5 minutes per speaker. Please note that State law prohibits the Council from acting on non-agenda items.

D. CONSENT CALENDAR
Consent Calendar items are considered to be routine and may be approved by one motion.

There will be no separate discussion on these items unless there is a request by a Council Member, a staff member, or a member of the public to remove an item for separate discussion and action.

1. Approval of Audited Demands

2. Approval of the February 23, 2023 minutes

3. Adopt a resolution authorizing the City Manager to execute the Third Amendment to the Contractual Services Agreement with 4Leaf Inc. to provide temporary professional planning services

4. Adopt a resolution approving an amendment to Resolution No. 11,383, the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group dated July 1, 2022 through June 30, 2025, to increase the salary range for the Community Preservation Manager classification, from range 12 to 15 and approve an amendment to the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Adopt a Resolution approving a Memorandum of Understanding for the development of a Multi-jurisdictional Local Hazard Mitigation Plan
G. CITY COUNCIL MATTERS
City Council Members report on attendance at intergovernmental agency meetings, conferences, and seminars since the last meeting. City Council Members may also announce upcoming events and coordinate attendance; report on local events attended since the last meeting; and make brief comments on issues of concern.

H. CLOSED SESSION

1. Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, and Human Resources Director Solito; Employee Groups:
the Newark Association of Miscellaneous Employees; the Newark Police Management Association; the Newark Police Association; the Confidential Employee Group; and the Management, Supervisory, and Professional Employee Group I. ADJOURNMENT

MEETING INFORMATION
Members of the public may attend the meeting in person, virtually via Zoom, or watch it via YouTube or Cable Channel 26. If you attend the meeting in person, a face covering is recommended but not required.

How to view the meeting remotely:

Livestream online at YouTube: https://www.youtube.com/channel/UC383NGSxaPwZP1lkJbo2T8A Copy/paste the YouTube URL into your browser if the link does not automatically open.

How to participate in the meeting remotely, via Zoom Webinar:

From a PC, Mac, iPad, iPhone or Android device: Zoom Meeting https://us06web.zoom.us/j/85881641250 From a telephone dial 1- 669-900-9128, Webinar ID Number 858 8164 1250 Provide live, remote public comments, when the Mayor calls for comments. Use the raise your hand feature in Zoom to be called upon by the City Clerk.

For frequently asked Zoom questions, please go to Agendas and Minutes and select the Frequently Asked Questions link.

No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall use vulgar, profane, loud or boisterous language that interrupts a meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.

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Council Meeting Access/Materials:

The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 72 hours before the meeting.

Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted, if time allows, at Agendas and Minutes. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.

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Item  B. 1.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Commending Katie Thepkaisone
A commendation has been prepared for Katie Thepkaisone for her contributions to the Newark Memorial High School Interact Club and other school activities.

Attachments
Commendation
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COMMENDATION

COMMENDING KATIE THEPKAISONE
WHEREAS, KATIE THEPKAISONE is a senior at Newark Memorial High School; and
WHEREAS, KATIE THEPKAISONE has been an active member of the Interact Club, the high school division of Rotary International, during all four years; Interact is one of the largest clubs at Newark Memorial High School with over 100 members; and WHEREAS, KATIE THEPKAISONE, served as Interact club historian her sophomore year, served as vice president as well as the Interact Area 4 Journalist for the Rotary Area 5170 newsletter her junior year, and Interact President her senior year; and WHEREAS, KATIE THEPKAISONE recently recruited and scheduled over 60 Interact volunteers to work the annual Newark Rotary Club crab feed fundraising event; and
WHEREAS, KATIE THEPKAISONE has also served in student government and played Varsity Tennis for three years, all while taking advanced placement (AP) classes and occasionally tutoring other students.

NOW THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby commend

KATIE THEPKAISONE
for her service to Interact and for making us all proud of her accomplishments.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Ninth Day of March Two Thousand Twenty-three.

MICHAEL K. HANNON
Mayor
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Item  B. 2.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Proclaiming March 2023 as the 21st Annual March for Meals Month Meals on Wheels America established the March for Meals campaign in 2002 to raise awareness about senior hunger. A proclamation has been prepared for the 21st Annual March for Meals Month.  A member of LIFE ElderCare, a program serving Newark by providing home-delivered meals, will be present to accept the proclamation.

Attachments
Proclamation
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PROCLAMATION NO. 1885

21st ANNUAL MARCH FOR MEALS MONTH
WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the Older Americans Act of 1965 and established a national nutrition program for seniors 60 years and older; and WHEREAS, Meals on Wheels America established the March for Meals campaign in March 2002 to recognize the historic month, the importance of the Older Americans Act Nutrition Programs, and raise awareness about senior hunger; and
WHEREAS, the 2023 observance of March for Meals celebrates 21 years of providing an opportunity to support Meals on Wheels programs that deliver vital and critical services by donating, volunteering and raising awareness about senior hunger and isolation; and
WHEREAS, LIFE ElderCare, a program providing home-delivered meals, has served our Newark community admirably for more than 48 years; and
WHEREAS, volunteers for LIFE ElderCare are the backbone of the program and they not only deliver nutritious meals to seniors and individuals with disabilities who are at significant risk of hunger and isolation, but also caring concern and attention to their welfare; and
WHEREAS, LIFE ElderCare programs in Alameda County provide a powerful socialization opportunity for millions of seniors to help combat loneliness and isolation; and NOW, THEREFORE, I, Michael K. Hannon, Mayor of the City of Newark, on behalf of the Newark City Council, do hereby proclaim March 2023 as the
21st ANNUAL MARCH FOR MEALS MONTH
in Newark and urge every citizen to take this month to honor Meals on Wheels of Alameda County and its programs, the seniors they serve and the volunteers who care for them.

IN WITNESS THEREOF, I have hereunto set forth my hand and caused the Official Seal of the City of Newark, State of California, to be affixed this Ninth Day of March, Two Thousand Twenty-three.

Michael K. Hannon
Mayor
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Item  D. 1.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Krysten Lee, Finance Director
SUBJECT    Approval of Audited Demands
Attachments
Audited Demands v1
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Item  D. 2.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Sheila Harrington, City Clerk
SUBJECT    Approval of the February 23, 2023 minutes
Attachments
Minutes
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City of Newark | Newark City Council
Mayor Michael K. Hannon | Vice Mayor Maria “Sucy” Collazo | Council Members: Luis L. Freitas, Mike Bucci, and Matthew Jorgens

Minutes
Thursday, February 23, 2023

A. ROLL CALL
Mayor Hannon called the meeting to order at 7:07 p.m. Vice Mayor Collazo, Council Members Freitas, Bucci, and Jorgens were noted present.

B. PRESENTATIONS

1. Introduction of employee
Mayor Hannon introduced Danielle Cranon-Jones, Administrative Support Specialist II at the Silliman Activity and Family Aquatic Center.

C. PUBLIC COMMENT
No one requested to speak.

D. CONSENT CALENDAR
Council Member Jorgens moved, Council Member Bucci seconded, to approve Consent Calendar Items D.1 through D.5, that the resolutions be numbered consecutively, and that reading of the titles suffice for adoption. The motion passed, 5 AYES.

1. Approval of Audited Demands

2. Approval of the February 9, 2023 minutes
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Page No. 2
City of Newark City Council Minutes February 23, 2023

3. Adopt a resolution to vacate excess City right-of-way located between Interstate Highway 880 and 38600 Cedar Boulevard, and adopt a resolution to declare that certain excess right-of-way and the street remnant of Timber Street exempt surplus land, authorize the City Manager to execute the Purchase Sale Agreement, deed and all related documents necessary to complete the sale and conveyance to Cedar Boulevard Townhomes, LLC for $156,000, and recognize the sale proceeds as revenue in the General Fund. Exempt from CEQA Review per CEQA Guidelines Section 15312 (Surplus Government Property Sales).

Resolution No. 11464 vacate right-of-way
Resolution No. 11465 execute documents
Contract No. 23006

4. Adopt a resolution authorizing the City Manager to execute Task Order No. 26 to the Joint Powers Agreement with the City of Fremont for case management services
Resolution No. 11466
Contract No. 09044

5. Adopt a resolution approving and authorizing the City Manager to execute a Memorandum of Agreement and Funds Transfer Agreement with the Federal Highways Administration for Thornton Avenue Complete Streets, Project No. 1284
Resolution No. 11467
Contract No. 23007
E. PUBLIC HEARINGS
F. OTHER BUSINESS

1. Adopt a resolution approving funding for small business assistance in the Old Town neighborhood and citywide, approve a fifth amendment to the Consulting Services Agreement for Spectrum Small Business Services, authorize the City Manager to execute marketing contracts for small business assistance, and approve the associated budget amendment to the 2022-2024 Biennial Budget for Fiscal Year 2023 and 2024
Resolution No. 11468
Contract No. 20063
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Page No. 3
City of Newark City Council Minutes February 23, 2023
Vice Mayor Collazo and Council Member Freitas each announced that they had conflicts of interest due to property ownership and income and would recuse from this item. They each left the City Council Chambers.

Economic Development Director Stedler and Michael Cohen, Spectrum Small Business Services gave the presentation (on file with City Clerk).

Mayor Hannon requested that the City Council be notified of future business resiliency meetings.

No one requested to speak.

Council Member Bucci moved, Council Member Jorgens seconded, to adopt a resolution approving business and marketing assistance to small businesses, the Fifth Amendment to the contractual services agreement with Spectrum Small Business Services for business consulting services, and authorizing a budget amendment to the Biennial Budget for 2022-2024 for Fiscal year 2023 and Fiscal year 2024 to provide funding for these services from the American Recovery Plan Act (ARPA) and the General Fund. The motion passed, 3 AYES, 2 RECUSED.

Vice Mayor Collazo and Council Member Freitas each returned to the Council Chambers.

G. CITY COUNCIL MATTERS
Council Member Jorgens thanked City staff for their work.

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Page No. 4
City of Newark City Council Minutes February 23, 2023
Council Member Bucci thanked Maintenance staff for their work during the recent storm. He wished his wife Megan a happy birthday. He invited everyone to attend the Celebration of Life for Alameda County Supervisor Richard Valle this weekend.

Vice Mayor Collazo wished Megan Bucci a happy birthday. She stated that it was National Toast Day. Shop Newark.

Mayor Hannon stated that the Alameda County Mayors Conference would be hosted the city of Newark in March. He stated that in honor of national Pancake Day, IHOP would provide free short stacks of pancakes and accept donations for Viola Blythe.

H. CLOSED SESSION

1. Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, and Human Resources Director Solito; Employee Group: the Newark Police Association No one requested to speak.

At 7:45 p.m. the City Council recessed to a closed session.

At 7:57 p.m. the City Council convened in closed session.

At 9:10 p.m. the City Council reconvened in open session with all Council Members present.

I. ADJOURNMENT
Mayor Hannon adjourned the meeting at 9:10 p.m.

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Item  D. 3.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Art Interiano, Deputy Community Development Director SUBJECT    Adopt a resolution authorizing the City Manager to execute the Third Amendment to the Contractual Services Agreement with 4Leaf Inc. to provide temporary professional planning services
SUMMARY AND RECOMMENDATION
Staff recommends that the City Council approve a resolution authorizing the City Manager to execute the third amendment to the Contractual Services Agreement with 4Leaf Inc. to provide temporary professional planning services.

The City has relied upon professional consultants to provide services and experience that City staff are unable to provide and to increase capacity during busy periods or when staff resources are low. In August 2021, the City entered into a Contractual Service Agreement (CSA) with 4Leaf Inc. to provide temporary professional planning services in order to complete necessary Planning Division-related tasks. 4Leaf has provided these services since September 2021. Since then, the City Council has approved two amendments to this agreement which all together have totaled $285,000.

Staff has evaluated the business need for 4Leaf services for the remainder of Fiscal Year 2023 and has concluded that the services are necessary to maintain a high level of customer service within the Planning Division. Staff recommends approval of a third amendment to the existing CSA, increasing the “not-to-exceed” amount by $95,150.00 for an amended total of $380,150.00. The scope of services would remain the same.

This increase can be accommodated within the approved Fiscal Year 2023 (FY 2023) Planning Division Professional Services budget.

BACKGROUND
The City has relied upon professional consultants to provide services and experience that city staff are unable to provide, such as technical traffic and circulation studies and environmental review services, as well as capacity during busy periods or when staff resources are low. For example, the city currently has several contractual services agreements with consultants for on-call professional city planning services, code enforcement services as well as Public Works construction inspection and civil engineering development plan review services. These services agreements provide the City with flexibility to address service and experience needs while maintaining high customer service levels in an efficient manner.

In August 2021, the City entered into a Contractual Service Agreement (CSA) with Packet Page 27
In August 2021, the City entered into a Contractual Service Agreement (CSA) with 4Leaf Inc. in the amount of $110,000.00 to provide temporary professional planning services in order to meet services needs to perform critical customer service and plan review functions. 4Leaf staff has provided these services since September 2021. In March 2022, City Council approved the first amendment to the CSA to increase the “not-to-exceed” amount by $45,000 for a total “not-to-exceed” amount to $155,000.

This first amendment allowed 4Leaf to provide the requested services through Fiscal Year 2022. The second amendment to the CSA was approved by City Council on July 27, 2022 to increase the “not-to-exceed” amount by $130,000 for a total amount of $285,000.

DISCUSSION/ANALYSIS
The need for entry-level staff capacity continues for the Community Development Department (CDD). In February 2022, a new Associate Planner was hired, and in May 2022, a new Senior Planner was hired. These positions have increased staff capacity within the department. However, the staff in these positions will focus on moderate to complex work tasks. As a result, there is still a business need for a planning professional to perform entry-level customer service and plan review tasks, as well as processing single-family design review and accessory dwelling unit project applications. As described above, 4Leaf Inc. has provided a planning professional to Newark under the terms of the CSA. This Assistant Planner-level planning professional provides customer services and plan review functions. These functions would have been difficult for the two recently hired Planning Division full-time staff members to perform and maintain the high services levels that are expected by the community.

Staff recommends that the City amend the existing CSA to increase the “not-to-exceed” amount by $95,150.00 (a value representing approximately 865 hours of consultant staff services) thereby extending the services until the end of FY23. The scope of services would remain the same. Examples of services include responding to inquiries regarding technical planning matters at the public counter, responding to phone and/or email inquiries, processing entitlement applications, and completing building permit plan checks. The amendment would provide 4Leaf planning professional services for approximately four months.

FISCAL IMPACT
The total not-to-exceed amount for the third amendment would be increased by $95,150.00 for total not-to-exceed amount of $380,150.00. The costs for this service can be accommodated in the adopted 2022-2024 Biennial Budget in Fiscal Year 2023 for Planning Division Professional Services. The agreement and third amendment were prepared in accordance with the City’s Purchasing Rules and Regulations.

ENVIRONMENTAL/PLANNING COMMISSION REVIEW
The staff recommendation is not a "Project" as defined by the California Environmental Quality Act and is therefore not subject to environmental review.

REVIEW AND APPROVAL
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Prepared by - Art Interiano, Deputy Community Development Director Reviewed by - Steven Turner, Community Development Director Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
4Leaf Third Amendment to CSA
Initial CSA with 4Leaf
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK AUTHORIZING THE CITY MANAGER TO

EXECUTE THE THIRD AMENDMENT TO THE
CONTRACTUAL SERVICES AGREEMENT WITH 4LEAF INC.

TO PROVIDE TEMPORARY PROFESSIONAL PLANNING

SERVICES
WHEREAS, On August 31, 2021, the City of Newark awarded a Contractual Services Agreement (the “Agreement”) to 4LEAF Inc. (the “Consultant”) to provide temporary professional planning services; and
WHEREAS, pursuant to Resolution No. 11,327 the City Council approved an amendment to the Agreement to increase the amount of compensation (the “First Amendment”); and WHEREAS, pursuant to Resolution No. 11,371 the City Council approved an amendment to the Agreement to increase the amount of compensation (the “Second Amendment”); and WHEREAS, the City finds that the scope of services described in the Agreement continue to be necessary and desires to amend the Agreement to provide additional funding for the existing scope of services to be provided by the Consultant.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that the City Manager is hereby authorized to execute the Third Amendment to the Contractual Services Agreement with 4LEAF Inc., in a form approved by the City Attorney, to provide technical assistance by individuals possessing experience consistent with minimum qualifications provided by the City and to increase the not to exceed amount of the Agreement by $95,150.00 for a total not to exceed amount of $380,150.00.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take all other actions consistent with this Resolution, including any necessary revisions to the scope of work for the Agreement, in a form approved by the City Attorney, that are within the total not to exceed amount of $380,150.00.

BE IT FURTHER RESOLVED, that the 2022-2024 Biennial Budget and Capital Improvement Plan, scheduled for City Council adoption on June 23, 2022, includes appropriations for Fiscal Year 2023 in the Planning Division’s professional services budget in an amount to accommodate the requested third amendment.

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1 THIRD AMENDMENT TO THE CONTRACTUAL

SERVICES AGREEMENT BETWEEN THE CITY OF
NEWARK AND 4LEAF, INC.

This Third Amendment to Contractual Services Agreement between the City of Newark, a municipal corporation, ("City") and 4LEAF, INC., a Type “C” Corporation ("Consultant") (sometimes referred to as "Parties") dated August 31, 2021 (the “Agreement”), is entered into as of _______ ___, 2023 for the provision of temporary professional planning services.

RECITALS
WHEREAS, the Parties executed the Agreement for the provision of temporary professional planning services to provide technical assistance by individuals possessing experience consistent with minimum qualifications provided by the City; and
WHEREAS, Section 27, Modifications, of the Agreement allows the Parties to amend the Agreement provided that the amendment is in writing signed by the Parties; and WHEREAS, the parties previously executed an amendment to the Agreement to increase the amount of compensation pursuant to the Agreement, in an agreement dated July 7, 2022; and WHEREAS, the Parties desire to amend the Agreement, Section 3.A to increase the “Not to Exceed” Compensation amount; and
WHEREAS, City staff is authorized to execute this Amendment in a form approved by the City Attorney.

NOW, THEREFORE, the Parties hereby agree as follows:

1. Section 3.A. "Not to Exceed" Compensation, of the Agreement, is amended to increase the not to exceed compensation by $95,150, for a total not to exceed amount of $380,150 (from a previous not to exceed amount of $285,000).

2. The Agreement’s Exhibit B (Payment) is amended as outlined in the new Payment (Exhibit 1), attached hereto and incorporated herein by reference.

3. With the exception of the foregoing, all other terms and conditions in the Agreement, as amended, remain in force and effect.

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2 City of Newark Consultant
_________________________________ _________________________________ David J. Benoun Kevin Duggan
City Manager President
4LEAF, Inc.

Dated: ___________________________ Dated: ___________________________ Attest:
__________________________________
Sheila Harrington
City Clerk
Approved as to Form:
__________________________________
Kristopher J. Kokotaylo
City Attorney
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3 EXHIBIT 1

PAYMENT
Consultant will provide the individual performing at the Assistant Planner level at the hourly rate of $110/hour for an amount not to exceed $380,150.

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Item  D. 4.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT    Adopt a resolution approving an amendment to Resolution No. 11,383, the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group dated July 1, 2022 through June 30, 2025, to increase the salary range for the Community Preservation Manager classification, from range 12 to 15 and approve an amendment to the City's Salary Schedule in conformance with California Code of Regulations, Title 2, Section 570.5
SUMMARY AND RECOMMENDATION
A recruitment will soon begin for a Community Preservation Manager and data collected supports an increase to the Community Preservation Manager salary range.

Staff recommends that the City Council, by resolution, amend Resolution No. 11,383, the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group dated July 1, 2022 through June 30, 2025, to increase the salary range for the Community Preservation Manager classification, from range 12 to 15 and approve an amendment to the City's Salary Schedule.

BACKGROUND
The Community Preservation Manager position has recently become vacant. In preparing to recruit to fill this critical position, staff reviewed the current salary of the position in relation to the labor market and internal comparable classifications, and found the salary to be under market and not appropriately aligned internally.  As such, staff recommends the salary range be increased, in order to appropriately align with the market, to provide internal consistency with similarly situated positions within the City, and to help ensure that the City can best recruit and retain a successful candidate in this single-class position.

DISCUSSION/ANALYSIS
The City is in the process of conducting a citywide Classification and Compensation Study (Study), which includes updating all active classifications to reflect current job duties and requirements, abolishing classifications no longer in use, and creating new classifications where appropriate, as well as conducting a market analysis of each classification’s salary for market placement. The Study is still in progress and City staff is currently reviewing draft classification descriptions as well as initial market salary survey data.

The Community Preservation Manager position has recently become vacant and City Packet Page 58
staff are preparing to recruit to fill this critical position. The Community Preservation Manager has been identified in the initial market salary survey to be under market related to comparable positions in similar agencies. The position is currently placed at range 12, with a maximum monthly salary of $12,083.64.  Of the ten agencies utilized in the market survey, only three have comparable classifications to the Community Preservation Manager. This is typically not enough comparable match classifications to consider establishing a salary range to the market, but it does provide some information as to the relative market conditions for this position.  Of the three comparable positions, two have a higher salary, of $12,984/month and $13,794/month, and one has a slightly lower salary, of $11,913/month, for a market average of $12,897.

This places the Community Preservation Manager 6.7% below the market of these three match classifications.

Given that there are not enough external match classifications to set the salary to the market, a review of internal equity is appropriate to align this position with similar positions within the City.  Within the City’s salary plan, division manager-level positions that are comparable to the Community Preservation Manager, are generally placed at salary range 15, with a maximum monthly salary of $13,991.58.

Staff anticipates this position will be challenging to fill. The last recruitment yielded only four qualified candidates. Given the current labor market conditions, the scope of work, internal and external impact of this position and impact on the community, supervisor controls exercised, and responsibility, staff recommends that the Community Preservation Manager salary be adjusted to align internally with comparable division manager-level positions, at range 15.

FISCAL IMPACT
The fiscal impact of increasing the salary range from 12 to 15 could be up to $30,000, if staffed at the top of the salary range. Due to the salary savings which will occur as a result of the vacancy, there will be no fiscal impact this current fiscal year, and any adjustments needed upon conclusion of the recruitment, will be included in the budget adjustments for the Fiscal Year 2024 budget, if necessary.

REVIEW AND APPROVAL
Prepared by - Jennifer Solito, Human Resources Director Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution
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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK AMENDING RESOLUTION NO. 11,383, THE

COMPENSATION AND BENEFIT PLAN FOR THE

MANAGEMENT, SUPERVISORY, AND PROFESSIONAL
EMPLOYEE GROUP, DATED JULY 1, 2022 THROUGH JUNE
30, 2025, TO INCREASE THE SALARY RANGE FOR THE

COMMUNITY PRESERVATION MANAGER, FROM RANGE
12 TO 15; AND APPROVING AN AMENDMENT TO THE
CITY’S SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION
570.5
WHEREAS, the City, based on evaluation of comparable market data and internal equity, has determined the current range 12 assigned for the Community Preservation Manager job classification is below the appropriate range and market; and WHEREAS, the City, based on evaluation, has determined that range 15 is the appropriate range assignment for the Community Preservation Manager job classification based on a review of external market data and internal equity; and
WHEREAS, the City seeks to amend the Compensation and Benefit Plan for the Management, Supervisory, and Professional Employee Group to change the salary range associated with the Community Preservation Manager job classification from 12 to 15.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark that Resolution No. 11,383, the Compensation and Benefit Plan for the Management, Supervisory and Professional Group be amended to increase the salary range of the Community Preservation Manager from 12 to 15, effective March 9, 2023.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Schedule to reflect the amended salary for the position of Community Preservation Manager to Range 15 with a current salary range of $11,659.65 to $13,991.58 per month.

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Item  F. 1.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Lenka Hovorka, Assistant City Manager
SUBJECT    Adopt a Resolution approving a Memorandum of Understanding for the development of a Multi-jurisdictional Local Hazard Mitigation Plan
SUMMARY AND RECOMMENDATION
The City is in need of preparing a Local Hazard Mitigation Plan that outlines processes for identifying and prioritizing the natural hazards, risks, and vulnerabilities within our community. Staff recommends that the City Council approve a Memorandum of Understanding for the development of a Multi-jurisdictional Local Hazard Mitigation Plan with the cities of Union City and Fremont, and the Union Sanitary District and Alameda County Water District.

BACKGROUND
The Disaster Mitigation Act (DMA) of 2000 (Public Law 106-390) requires local governments to develop and adopt pre-disaster mitigation plans in order to minimize property damage and the risk to public health and safety that might otherwise result from the effects of a natural or man-made disaster. A Federal Emergency Management Agency (FEMA) approved plan also allows the City to be eligible for FEMA Pre-Disaster Mitigation and Hazard Mitigation Grant programs. Such plans identify the hazards a community or region faces, assesses their vulnerability to the hazards, and identifies specific actions that can be taken to reduce these risks.

The City of Newark last adopted a Local Hazard Mitigation Plan (LHMP) in 2017. The LHMP identifies mitigation measures to reduce the risks posed by potential hazards and to strengthen community resilience. The LHMP is also incorporated by reference into the Safety Element of the General Plan and forms the basis of several of the General Plan policies, ensuring a coordinated approach to public safety and qualifying the City for additional funding opportunities (consistent with California Government Code Section 65302.6).

The City of Newark’s LHMP is also required to be updated every five years in accordance with the FEMA Disaster Mitigation Act of 2000 as amended in the Stafford Act as part of the Federal Regulations, Stafford Act Title 44, Chapter 1, Part 201.  The City of Newark will be partnering with the cities of Fremont and Union City along with Union Sanitary District and Alameda County Water District to complete a Multi-jurisdictional LHMP (MLHMP) that provides for close coordination of mitigation planning and implementation efforts, as well as ensuring a FEMA approved LHMP is in Packet Page 61
planning and implementation efforts, as well as ensuring a FEMA approved LHMP is in place.

DISCUSSION/ANALYSIS
FEMA allocates hazard mitigation grant program (HMGP) funding to states according to a formula of 20 percent of eligible damage following major disasters.  The California Governor's Office of Emergency of Services (CAL OES) allocates FEMA HMGP funding to municipalities and other eligible public entities through a competitive grant sub-application process.  To date, CAL OES has received $592 million in FEMA funding related to the 2020 California wildfires. In allocating associated HMGP funding to sub-applicants, CAL OES specifically identified LHMPs expiring within 24 months as its highest priority.

In June 2021, following extensive coordination with neighboring jurisdictions, a proposal was submitted to CAL OES for funding to complete a Multi-jurisdictional LHMP. Emergency management personnel from the City of Union City, City or Fremont, City of Newark, Alameda County Water District and the Union Sanitary District agreed to participate in the proposed project and to recommend entering into a Memorandum of Agreement to formalize joint participation and share financial risk associated with the grant. The City of Union City City Council adopted a resolution to participate in the MLHMP on February 14, 2023.

The Multi-jurisdictional LHMP will be prepared consistent with industry best practices; Federal and State guidance; and all applicable laws, rules and regulations.  The funding that will be received will be used to hire a consultant, through competitive solicitation, to prepare the plan.  This will be done under the direction of a Project Management Team made up of subject-matter experts from the City of Union City, City of Fremont, City of Newark, Alameda County Water District and Union Sanitary District.

The Multi-jurisdictional LHMP Project Management Team began the selection process of a consultant in January 2023, with the City of Fremont issuing the Request for Proposals on behalf of the Project Team. The City of Fremont City Council approved an agreement with Foster Morrison Consulting, Ltd. for these services on February 21, 2023.  The kick-off of the MLHMP project will be in March 2023 and completion is anticipated in December 2023.

Under the terms of the Memorandum of Understanding, the City agrees to: coordinate the strategies identified in the MLHMP with other planning programs and mechanisms under its jurisdictional authority; support the Steering Committee and continue to participate in the planning partnership as described by the MOU; and help promote and support the MLHMP planning partners' successes.

FISCAL IMPACT
There is no fiscal impact associated with this action, as the City of Newark's share of cost will be in-kind; funded by the approved budget for the Emergency Services Coordinator position.

REVIEW AND APPROVAL
Packet Page 62
Prepared by - Rich Martinez, Emergency Services Coordinator Reviewed by - Lenka Hovorka, Assistant City Manager
Reviewed by - Krysten Lee, Finance Director
Reviewed by - Kristopher J. Kokotaylo, City Attorney
Approved by - David J. Benoun, City Manager
Attachments
Resolution for Multi-jurisdictional Local Hazard Mitigation Plan MOU Multi-jurisdictional Local Hazard Mitigation Plan
Presentation
Packet Page 63
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NEWARK APPROVING THE CITY OF NEWARK TO ENTER

INTO A MEMORANDUM OF UNDERSTANDING WITH THE

CITIES OF FREMONT AND UNION CITY, ALAMEDA COUNTY

WATER DISTRICT, AND UNION SANITARY DISTRICT FOR

THE DEVELOPMENT OF A MULTI-JURISDICTIONAL LOCAL

HAZARD MITIGATION PLAN
WHEREAS, the Newark, Union City, and Fremont operational area has exposure to natural hazards that increase the risk to life, property, environment, and the County’s economy; and WHEREAS, proactive mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and
WHEREAS, the Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition comprised of the cities of Newark, Union City, and Fremont, Alameda County Water District, and Union Sanitary District that make up an operational area, with similar planning objectives has been formed to pool resources and create consistent mitigation strategies within the area; and
WHEREAS, the coalition has developed a planning process for the development of a Multijurisdictional Local Hazard Mitigation Plan (MLHMP) that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newark does hereby approve the Memorandum of Understanding (MOU) regarding preparation of a Multijurisdictional Local Hazard Mitigation Plan for an amount not to exceed $16,644.72.

Packet Page 64
1 MEMORANDUM OF UNDERSTANDING

REGARDING PREPARATION OF A

MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN
This Memorandum of Understanding regarding Preparation of a Multi-jurisdictional Local Hazard Mitigation Plan (“MOU”) is entered into as of __________________ (the “Effective Date”) by and between the City of Union City, a California municipal corporation (“Union City”), the City of Newark, a California municipal corporation (“Newark”), and the City of Fremont, a California municipal corporation (“Fremont”), the Alameda County Water District, a California water district (“ACWD”), and Union Sanitary District, a California sanitary district (“USD”). Union City, Newark, Fremont, ACWD, and USD may each be referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
WHEREAS, a Local Hazard Mitigation Plan (LHMP) is a plan that outlines processes for identifying and prioritizing the natural hazards, risks, and vulnerabilities within local communities; and
WHEREAS, the development, approval and update of a LHMP is required under the federal Disaster Mitigation Act of 2000 in order for local jurisdictions to qualify for certain types of funding; and
WHEREAS, the requirements of the federal Disaster Mitigation Act of 2000 recognize certain benefits to, and allow for, Multi-jurisdictional LHMPs; and WHEREAS, the Parties desire to jointly prepare a Multi-jurisdictional LHMP for the geographic area of Fremont, Newark, and Union City (collectively, the “Tri-Cities”); and WHEREAS, the Multi-jurisdictional LHMP will identify hazards, risks, and vulnerabilities within the Tri-Cities, as well as within those specific to each participating agency; and

WHEREAS, Fremont has applied for and been awarded a grant from the Federal Emergency Management Agency (“FEMA”) to assist with the preparation of the Multi-jurisdictional LHMP (the “FEMA Grant”); and
WHEREAS, the FEMA Grant is subject to the “Standard Mitigation Grant Program Conditions” attached hereto as Attachment 1.

WHEREAS, Fremont has completed a procurement process to hire a qualified consultant to prepare the Multi-jurisdictional LHMP and has entered into a contract with ________________ (“Consultant”) for such purposes; and
WHEREAS, each Party has agreed to pay for a portion of the costs for Consultant to prepare the Multi-jurisdictional LHMP that are not otherwise covered by the FEMA Grant; and WHEREAS, the Parties desire to share the costs of the preparation of the Multi-jurisdictional LHMP subject to the terms and conditions of this MOU.

Packet Page 65
2 NOW, THEREFORE, the Parties mutually agree as follows:

1. Recitals. The above recitals are true and correct and incorporated herein by reference.

2. Preparation of Multi-jurisdictional LHMP.

A. Fremont has entered into a contract with Consultant for the preparation of the Multijurisdictional LHMP (the “Service Agreement”). The Service Agreement shall require the Consultant to prepare a Multi-jurisdictional LHMP that complies with all federal and State hazard mitigation planning requirements to establish eligibility for funding under Federal Emergency Management Agency (FEMA) grant programs for each Party. The scope of work for the Consultant is attached hereto as Attachment 2, “Service Agreement” and incorporated herein. Consultant shall prepare a draft Multi-jurisdictional LHMP for review by the Parties. Each Party shall have the opportunity to provide comments, edits, and corrections to the Consultant. Thereafter, Consultant shall prepare a final Multijurisdictional LHMP that incorporates all of the comments from the Parties.

B. Fremont shall be responsible for managing and administering the Service Agreement, as well as supervising the Consultant, and shall coordinate with each of the Parties as appropriate. Fremont shall timely pay all invoices for preparation of the Multi-jurisdictional LHMP submitted by the Consultant. Fremont shall not replace or substitute the Consultant without the prior consent of each of the Parties.

3. Payment. Each Party shall pay a portion of the cost for the Consultant to prepare the Multi-jurisdictional LHMP. Fremont shall send an invoice to each Party for the amount due upon the completion of the final LHMP by Consultant, and approval by FEMA. Each Party shall pay such invoice within thirty (30) days. The amount of each Party’s payment shall not exceed the following amounts (each a “Contribution Payment”):

A. Union City: $32,401.72
B. Newark: $16,644.72
C. Fremont: $95,183.88
D. ACWD: $50,600.96
E. USD: $55,168.72
Fremont’s contract with Consultant will prohibit the Consultant to incur costs greater than combined cost of the Contribution Payments and the FEMA Grant, except with prior written approval of the Parties.

Each Party shall account for and document employee time and labor committed to the LHMP project using its internal financial and human resources systems and the following documents, as provided in Attachment 3, “Timekeeping”:
• Project Worksheets
• Project Activity Logs
• Meeting Sign-in Sheets
Each Party understands that (1) failure to do so may preclude or diminish any potential reduction in the amount of its respective Contribution Payment, as specified above, which may be afforded through applying “in-kind” hourly contributions of time and labor toward federal and state matching funds requirements and that (2) no such reduction is guaranteed.

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3 4. Independent Parties
Each party shall, at all times, remain an independent public agency solely responsible for all acts of its employees or agents, including any negligent acts or omissions.

5. Indemnification
Each party shall indemnify, defend and hold harmless the other party from and against any and all losses, liabilities, damages, claims, suits, fines, penalties, costs or expenses (including but not limited to attorneys’ fees) of any kind to the extent caused by any negligent act or omission or willful misconduct of the indemnifying party in the performance of this MOU.

Fremont shall cause the LHMP Agreement to require the Consultant to indemnify, defend and hold harmless each of the participating Parties from and against any and all losses, liabilities, damages, claims, suits, fines, penalties, costs or expenses (including but not limited to attorneys’ fees) of any kind arising out of, connected with, or related to Consultant’s preparation of the LHMP, except for such liability caused by the sole negligence of willful misconduct of one of the Parties.

6. Insurance
Fremont shall, in the LHMP Agreement, require that the Consultant obtain and maintain the types and amounts of insurance listed in Attachment 2, covering its preparation of the Multijurisdictional LHMP.

7. Notices
All notices required or contemplated by this MOU shall be in writing and shall be delivered to the respective party as set forth in this section. Receipt of the notice shall be deemed to be effective upon the earlier of actual receipt by the Party or three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. Notices shall be sent as follows:

Union City: Newark:

City Manager City Manager
City of Union City City of Newark
34009 Alvarado Niles Rd. 37101 Newark Blvd.

Union City, CA 94587 Newark, CA 94560
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4 Fremont: ACWD:

City Manager General Manager
City of Fremont Alameda County Water District
3300 Capitol Ave., Bldg. “A” 43885 S. Grimmer Blvd.

Fremont, CA 94538 Fremont, CA 94538
USD:

General Manager
Union Sanitary District
5072 Benson Road
Union City, CA 94587

7. Miscellaneous.

A. Governing Law. The laws of the State of California shall govern this MOU.

B. Compliance with Applicable Laws. Parties shall comply with all laws applicable to the performance of the work hereunder.

C. Amendments. The parties may amend this MOU only by a writing signed by all the parties.

D. Assignment. This MOU, and any portion thereof, shall not be assigned or transferred, nor shall any of either party’s duties be delegated, without the written consent of the other party. Any attempt to assign or delegate this MOU without the written consent of the other party shall be void and of no force or effect.

E. The waiver of any breach of a specific provision of this MOU does not constitute a waiver of any other breach of that term or any other term of this Agreement. No waiver of any provision of this MOU shall be valid unless such waiver is in writing.

F. Severability. If a court of competent jurisdiction finds or rules that any provision of this MOU is invalid, void, or unenforceable, the provisions of this MOU not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this MOU shall not void or affect the validity of any other provision of this MOU.

G. Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE
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5 The Parties have executed this MOU as of the Effective Date.

CITY OF UNION CITY CITY OF NEWARK
____________________________ ______________________________ Joan Malloy, City Manager David Benoun, City Manager
ATTEST: ATTEST:
___________________________ __________________________
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
____________________________ ____________________________ City Attorney City Attorney

CITY OF FREMONT ALAMEDA COUNTY WATER

DISTRICT
____________________________ ______________________________ Karena Shackelford, City Manager Ed Stevenson, General Manager ATTEST: ATTEST:
___________________________ __________________________
District Clerk District Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
____________________________ ____________________________ City Attorney District Counsel

UNION SANITARY DISTRICT
____________________________
Paul Eldredge, General Manager
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
District Clerk District Counsel
5124956.1
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6 ATTACHMENT 1

STANDARD MITIGATION GRANT PROGRAM CONDITIONS
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):

1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.

2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.

3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.

4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.

5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.

6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.

7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.

8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.

9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.

10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.

11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subapplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.

12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.

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7 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining auditsin accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.

15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA- approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.

16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.

17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).

18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.

Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans.

Packet Page 71
8 ATTACHMENT 2

SERVICE AGREEMENT
This Service Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF FREMONT, a municipal corporation (hereinafter "City"), and [NAME OF BUSINESS AND MUST INCLUDE A DESCRIPTION OF LEGAL ENTITY, I.E. LLC, PARTNERSHIP, CORPORATION, ETC.]______________________, (hereinafter "Consultant”). City and Consultant may be collectively referred to herein as the “parties.”

RECITALS
A. City requested a proposal from Consultant to perform the services generally including:

TRI-CITIES MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN.

B. In response to the City’s request, Consultant submitted a proposal, and, after negotiations, Consultant agreed to perform the services more particularly described on Exhibit “A,” in return for the compensation described in this Agreement and Exhibit “B.” C. In reliance upon Consultant’s documentation of its qualifications, as set forth in Exhibit “C,” the City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF SERVICES. Consultant shall perform the services described in Exhibit “A,” attached hereto and incorporated herein by reference, in accordance with the terms and conditions contained in this Agreement.

2. TIME FOR PERFORMANCE. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall commence performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for extensions of time to the City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

3. PAYMENT.
3(A). Billing. In order to request payment, Consultant shall submit monthly invoices to the City identifying the services performed and the charges therefor (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the Consultant’s billing rates (set forth on Exhibit "B,” attached hereto and incorporated herein by reference). The City shall Packet Page 72
9 make payment to Consultant for services which are performed in accordance with this Agreement, to the satisfaction of the City, only upon Cal OES and FEMA’s approval of the Plan.
3(B). “Not to Exceed” Compensation. The compensation payable to Consultant for the services identified in Exhibit “A” shall not exceed $187,500. Consultant shall not perform any services beyond the services identified in Exhibit “A” without prior written authorization from the City’s Authorized Representative. If the City’s Authorized Representative provides authorization for additional services, the total compensation payable to the Consultant under this Agreement shall not exceed $187,500.
3(C). Consultant’s Failure to Perform. In the event that Consultant performs services which do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to the City, Consultant shall reimburse the City for the damages incurred (which may be charged as an offset to Consultant’s payment).

4. AUTHORIZED REPRESENTATIVES.
4(A). Consultant’s Authorized Representative. Consultant understands that, in entering into this Agreement, the City has relied upon Consultant’s ability to perform in accordance with its representations regarding the qualifications of the Consultant (including the qualifications of its Authorized Representative, its personnel, and its subconsultants, if any) identified in Exhibit “C,” attached hereto and incorporated herein by reference. Therefore, Consultant shall not replace its Authorized Representative, or any of the personnel or subconsultants identified in Exhibit “C,” without the prior written consent of the City. All services under this Agreement shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative, as identified in Exhibit “C.”
4(B). City’s Authorized Representative. For the performance of Services under this Agreement, the City’s Authorized Representative: ______________, shall administer the Agreement unless otherwise designated in writing by the City’s Authorized Representative or the City Manager.

5. INFORMATION AND DOCUMENTATION.
5(A). Information from City. City has made an effort to provide Consultant with all information necessary for Consultant’s performance of services under this Agreement. If Consultant believes additional information is required, Consultant shall promptly notify the City, and the City will provide to Consultant all relevant non-privileged information in City's possession.
5(B). Consultant’s Accounting Records. Consultant shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four years.

Packet Page 73
10 Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultant invoices and payments, and reimbursable expenses.

Consultant’s accounting records shall be made available to City within a reasonable time after City’s request, during normal business hours. 5(C). Ownership of Work Product. All original documents prepared by Consultant (including its employees and subconsultants) for this Agreement (“work product”), whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s services, or upon demand by the City.

Consultant shall have a right to make and keep copies of the work product.

Consultant shall not reveal the work product, or make it available, to any third-party without the prior written consent of the City.

6. RELATIONSHIP BETWEEN THE PARTIES. Consultant is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or subconsultants, including any negligent acts or omissions. Consultant is not City’s agent and shall have no authority to act on behalf of the City or to bind the City to any obligation whatsoever unless the City provides prior written authorization to Consultant.

Consultant is not an officer or employee of City, and Consultant shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement.

7. CONFLICTS OF INTEREST PROHIBITED. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. Consultant shall comply with all requirements of California Government Code Section 1090 and the Political Reform Act (California Government Code Sections 81000, et seq.) and other state and local laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by the City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, any contract with the City (including this Agreement) involving Consultant’s conflicting interest may be terminated by the City.

8. NONDISCRIMINATION. Consultant shall not discriminate against any person related to the performance under this Agreement (including any employee or applicant) because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, gender or other legally protected status.

Consultant will include this requirement in any subcontract.

9. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall at all times comply with all applicable regulations, policies, procedures, and Federal Emergency Management Agency (FEMA) Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 Code of Federal Regulations (CFR) 200.317 through 200.326 and more fully set forth in Appendix II to Part 200 – Contract Packet Page 74
11 Provisions for non-Federal Entity Contracts Under Federal Awards, which are included herein by reference under Exhibit E – Federal Provisions.

Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

10. LICENSES. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

11. BUSINESS TAX. The Consultant shall apply for and pay the business tax and registration tax in accordance with Fremont Municipal Code Chapter 5.05.

12. INSURANCE. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant (including its agents, representatives, subconsultants, and employees) in connection with the performance of services under this Agreement of the types and in the coverage amounts set forth in Exhibit D entitled “Insurance Requirements”. This Agreement identifies the minimum insurance levels with which Consultant shall comply; however, the minimum insurance levels shall not relieve Consultant of any other performance responsibilities under this Agreement (including the indemnity requirements), and Consultant may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of this Agreement by the Consultant, and prior to the commencement of any services, the Consultant shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Consultant shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement.

13. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Consultant shall immediately notify the City Risk Manager’s office by telephone at 510-284-4050, and Consultant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Consultant's insurance company, and (d) a detailed description of the damage and whether any City property was involved.

14. INDEMNIFICATION. Consultant shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims, litigation, demands, damages, liabilities, costs, and expenses, including court costs, attorney’s fees, experts fees and other costs and fees of litigation or other dispute resolution proceedings (“Claims”) resulting or arising from Consultant’s performance, or failure to perform, under this Agreement, except Claims arising out of the City’s sole Packet Page 75
12 negligence or willful conduct.

15. TERM OF THE AGREEMENT. The term of this Agreement shall commence on the date last signed by the parties, below, and shall continue until completion of all services in accordance with the timing requirements set forth in Exhibit “A” and paragraph 2 of this Agreement or until _______________. This Agreement may be terminated by the City without cause upon fifteen (15) days written notice to Consultant. If the City exercises its right to terminate this Agreement in accordance with this paragraph, the City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit “B” or the maximum amount authorized under paragraph 3 of this Agreement.

16. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party.

17. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section.

Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: City To: Consultant
Attn: Attn:
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________
__________________________ _________________________

18. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

19. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this Packet Page 76
13 paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

20. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.

21. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

22. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

23. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

24. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

25. NO THIRD-PARTY BENEFICIARIES. This Agreement is not intended to and shall not be construed to give any third-party any interest or rights (including, any third-party beneficiary rights), except as otherwise expressly provided for in this Agreement.

26. NEUTRAL INTERPRETATION. This Agreement represents the contributions of both parties, each of whom has had the opportunity to be represented by competent counsel.

Accordingly, the rule stated in California Civil Code Section 1654 that a contract be construed against its drafter, shall have no application to the interpretation of this Agreement.

27. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

28. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their Packet Page 77
14 respective successors and assigns.

29. COUNTERPARTS. This Agreement may be signed in counterparts, each of which shall be deemed to be an original.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the terms set forth herein.

CITY OF FREMONT CONSULTANT [see selection below]
[**INSERT FULL LEGAL NAME**]
_________________________ __________________________
By: By: __________________________
Title: Title: __________________________
Date: ________________________ Date: __________________________ APPROVED AS TO FORM:
________________________
By:

Title: City Attorney
******************************************************************************************************* [PLEASE SELECT THE APPROPRIATE SIGNATURE BLOCK FROM THE FOLLOWING SAMPLES]

CORPORATIONS
XYZ Land Development Inc,
a California Corporation
By: __________________
Its: __________________
[needs to be officer from the operations side:

President, CEO, Vice President]
By: ___________________
Its: ______________________
[needs to be officer from the finance side: treasurer, CFO, secretary] One corporate signature is acceptable if the person is an officer if the signature is notarized (although we would like you to ask for a corporate resolution showing that person is authorized to sign). A single signature where the person is not a corporate officer – e.g. general manager, etc. – must be supported by a corporate resolution indicating that person has been delegated authority to sign contracts on behalf of the corporation

GENERAL PARTNERSHIPS
XYZ Land Development,
Packet Page 78
15 a California general partnership
By: _____________________

Its: General Partner

LIMITED PARTNERSHIPS
XYZ Land Development, LLP,
A California limited partnership
By: _______________________
Its: General Partner
[need limited partnership agreement or certificate filed with state showing the person or entity is the general partner]
In many cases the general partner will be a corporation so the signature block would look like this:

XYZ Land Development, LP,
A California limited partnership
By: ABC Developers, Inc,
a California corporation
Its: General Partner
By: ____________________
Its: President, CEO, VP
By: ________________________
Its: Secretary, Treasurer, CFO

LIMITED LIABILITY COMPANY
XYZ Land Development, LLC,
a California Limited Liability Company
By: ______________________
Its: Managing Member
[need to see the operating agreement or certificate filed with secretary of state showing the person or entity is the managing member]
If the Managing Member is not an individual but is a business entity then you would indent the signature block for the appropriate persons to sign as in the example for the limited partnership above.

Packet Page 79
16 SERVICE AGREEMENT EXHIBIT A
Scope of Services
Project Objectives
The City of Fremont (City), Fire Department is seeking Proposals from qualified and responsible consultants to manage, coordinate, prepare, and administer the development of a Multi-jurisdictional Local Hazard Mitigation Plan (“Plan”) – the scope of which shall include the Cities of Fremont, Newark, and Union City; Alameda County Water District (ACWD); and Union Sanitary District (USD), as well as invited participant public and nongovernmental agencies with an interest in the Plan. The Plan shall be developed in full compliance with the provisions of 44 CFR Section 201.6, applicable Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (Cal OES) rules and regulations concerning Local Hazard Mitigation Planning, and in conformance with industry best practices. The final project deliverable shall be a Cal OES and FEMA-approved Tri-Cities Multi-jurisdictional Local Hazard Mitigation Plan. The successfully prepared and approved Plan will permit any of the public agencies named above to be eligible to apply for FEMA Hazard Mitigation Assistance, including grant funding for capital improvements to mitigate risk. The preparation of the Plan and completion of all tasks described in the final, mutually agreed upon Scope of Services – as agreed between the City and the Consultant – shall constitute the “Project”.

In executing the Project, the Consultant shall perform all necessary planning, administration, information collection, documentation, professional analysis, and work required for the preparation and adoption of the Plan. The Consultant shall foster a collaborative approach in executing the Project and developing the Plan, encouraging and facilitating participation among members of the Project Steering Committee, Participating Agencies, and the general public. The Consultant shall prepare and develop enhanced hazard and consequence modelling. Such modelling shall, at minimum, employ Advanced, Level 2 and Level 3 Hazus analyses – including but not limited to modelling of earthquake hazards – using FEMA Hazus software. All work products and materials developed or collected by the Consultant in the course of Project (e. g., Hazus modelling and data sets, plans, GIS layers, source materials, etc.) shall be made available to the City upon its request.

The Project scope shall include the following: Planning Area, Participating Agencies, Project Steering Committee, Planning Workgroups, Project Tasks (including Hazus modelling and analysis), and Timeline, specified below.

Planning Area
The Planning Area – located within Alameda County, California – consists of the geographic area of the City of Fremont, the City of Newark, and the City of Union City (which collectively constitutes the "Tri-Cities"). Additionally, the Planning Area includes the service areas of ACWD and USD. Although ACWD's service area primarily comprises the Tri-Cities, it also includes service area extending into a portion of Hayward.

Existing Local Hazard Mitigation Plans
The City of Fremont 2016-2021 Local Hazard Mitigation Plan was adopted by the Fremont Packet Page 80
17 City Council on December 20, 2016 and was subsequently approved by FEMA on January 9, 2017. The 2016-2021 Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan was adopted by the Union City City Council July 11, 2017 and was subsequently approved by FEMA on August 18, 2017. The City of Newark City Council, and ACWD and USD Boards of Directors also adopted the Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan prior to FEMA’s approval. The new Plan will supersede the existing, aforementioned Local Hazard Mitigation Plans (LHMPs).

Hazus Analysis
The Consultant shall prepare and develop enhanced hazard and consequence modelling employing Advanced, Level 2 and Level 3 Hazus analyses – including but not limited to modelling of earthquake hazards – using FEMA Hazus software. For more information on FEMA’s Hazus software, including definitions of Level 2 and Level 3 Hazus analysis, visit:
https://www.fema.gov/hazus.

Fire Following Earthquake
The ideal project submission will include technical analysis and modelling of fire following earthquake under various seismic scenarios. This would include estimation of the number of ignitions and, of those, the number of resulting large fires – factoring in water supply complications and estimated available firefighting resources over time.

Community Rating System
The ideal project submission will include preparation of a framework for maximizing Community Rating System (CRS) credit eligibility under the National Flood Insurance Program’s CRS, Activities 510 – Floodplain Management Planning and 610 – Flood Warning and Response.

Participating Agencies
The City of Fremont, City of Newark, City of Union City, ACWD, and USD are committed to a unified planning process, inviting participation of interested public agencies, nongovernmental organizations, and the public. The City of Fremont, City of Newark, City of Union City, ACWD, and USD are committed to recommending the successful finalized Plan for adoption on the part of each respective jurisdiction’s governing body and to otherwise securing FEMA’s approval.

Participating agencies in the Project shall include representatives of component agencies (e. g. city management, fire services, law enforcement, emergency management, public works, operations, engineering, IT services, facilities management, risk management, finance, capital planning, etc.) of the following public jurisdictions as determined by each jurisdiction.
• City of Fremont
• City of Newark
• City of Union City
• ACWD
• USD
Additional participants may include representatives of:

Packet Page 81
18 • Alameda County Fire Department
• Alameda County Flood Control & Water Conservation District • AC Transit
• Altamont Corridor Express Train
• Amtrak Capitol Corridor Train
• Bay Area Rapid Transit
• California Department of Education - California School for the Deaf • California Department of Education - California School for the Blind • California Department of Water Resources
• Caltrans
• East Bay Regional Park District
• Fremont Unified School District
• Kaiser Permanente Medical Center, Fremont
• Newark Unified School District
• New Haven Unified School District
• Ohlone Community College District
• Pacific Gas and Electric
• Palo Alto Medical Foundation, Fremont
• San Francisco Public Utilities Commission
• United States Geological Survey
• Washington Hospital Healthcare System
• Chevron Corporation
• Kinder Morgan
• Union Pacific Railroad
• Any number of commercial entities, including, but not limited to: rail transportation, energy, technology, telecommunications, and data service providers Project Steering Committee
The Project Steering Committee shall include representatives of the participating agencies.

Members of the Project Steering Committee shall be invited to the Kickoff Meeting and Project Steering Committee meetings.

Planning Workgroups
As necessary to prepare the Plan and execute the Project, additional meetings may be required to conduct, gather input for, or validate technical planning content in a more focused manner. Planning Workgroup Meetings shall be convened as necessary to develop planning content, and the scope of invitees should be limited as appropriate, based on factors such as agency, professional discipline, etc.

Project Tasks & Timeline
The Scope of Services shall include timely completion of all Project Tasks. The Proposer may choose to propose changes to the Project Tasks and timeline in its Exhibit “A”. The Proposer is encouraged to incorporate provisions concerning technical analysis and modelling of Fire Following Earthquake and a framework for maximizing CRS credit eligibility, as provided above, into its Exhibit “A”.

Packet Page 82
19 Project Governance
Project Manager
The Project Manager shall be the Emergency Services Manager of the Fremont Fire Department’s Office of Emergency Services. The City of Fremont may appoint a qualified alternate.

Project Team
The Project Team shall consist of the Project Manager and designated emergency management staff of each of the Cities of Newark and Union City, ACWD, and USD. There shall be no more than one member-representative for each of the aforementioned cities or special districts. Any of the aforementioned cities or special districts may appoint an alternate.

Project Tasks
Task Name Task Description Proposed
Timeline
Project
Management
and
Administration
Conduct necessary project planning to
ensure timely execution of all Project
Tasks. Prepare and provide regular, biweekly Project Status reports (i. e., consultant costs and hours to date versus
budget, progress on Project Tasks to date,
etc.). Collect required documentation for
the City’s grant reporting purposes (e. g.
meeting sign-in sheets, etc.). Meet with
the Project Manager for direction, and –
from time to time with the Project Team as
requested by the Project Manager – to
provide updates, confer on issues, plan for
Project Steering Committee and Planning
Workgroup Meetings, etc.

Ongoing,
through
Project
completion
Collect and
Review Existing
Plans and
Formulate Plan
Outline
Collect and review existing LHMPs and
other plans (e. g., respective jurisdictions’
General Plan Safety Elements, applicable
dam safety Emergency Action Plans,
climate action plans, community wildfire
protection plans, capital plans, etc.) in
order to achieve alignment between the
Plan and the various applicable plans.

Formulate a Plan outline for the Project
Team’s review and approval.

March 2023
Packet Page 83
20 Task Name Task Description Proposed
Timeline
Project
Kickoff Meeting
Organize, prepare agenda, invitation, and
content for, and facilitate an introductory
meeting to the Project, explaining Project
purpose, scope, overview, and timeline;
Project Governance; and Consultant’s
contractual responsibilities. Share Plan
outline; share a preliminary list of
identified hazards; announce planned
stakeholder engagement (e. g. forthcoming
information requests and meetings,
planned public outreach, etc.). Meeting
content is subject to Project Manager's
direction and review and may include
other topics as reasonably necessary to
meet Project Objectives.

April 2023
Identify
Hazards, Collect
Data
Identify hazards applicable to the
Planning Area, based on existing plans
and sources. Some sources for data
collection include FEMA’s and Cal OES’
online resources, publications and
mapping; USGS Haywired earthquake
scenario; researching related studies and
recent incidents; obtaining relevant GIS
layers and mapping, conducting
interviews with SMEs regarding past
incidents and historical impact, etc.

Collect data required to successfully
execute Project Tasks; in particular,
collect data needed to execute Level 2 and
Level 3 Hazus modeling (e. g., building
and infrastructure systems inventory,
property information, soil and liquefaction
mapping layers, etc.). Collect GIS hazard
layers, where available.

April 2023
Packet Page 84
21 Task Name Task Description Proposed
Timeline
Develop and
Run Hazus
Modeling
Develop and run Level 2 and Level 3
Hazus analyses, including:
a) Level II analysis to evaluate
earthquake impacts over the entire
Planning Area and specifically for
each of the Cities of Fremont,
Newark, and Union City; and
b) Level III analysis to evaluate
earthquake impacts – over the
entire Planning Area and specifically
for each of the Cities of Fremont,
Newark, and Union City – for
approximately 60 specific City of
Fremont, City of Newark, City of
Union City, ACWD, USD, Fremont
Unified School District, New Haven
Unified School District, Newark
Unified School District and Ohlone
Community College District
facilities.

April 2023
Develop
Preliminary Risk
Assessments
Formulate preliminary risk assessments
based on detailed identified hazard
analysis and modelling (detailing location,
severity, and concentration of identified
potential hazard impacts, including to
specific infrastructure systems, public
buildings, or the community).

May 2023
Project Steering
Committee
Meeting 1
Organize; prepare agenda, invitation, and
content for; and facilitate a Project
Steering Committee Meeting with topics to
include Project Status, reviewing and
soliciting input on a finalized list of
hazards and preliminary risk assessments
of those hazards, solicit feedback on
existing and potential community
capabilities to mitigate those hazards,
provide status updates and announce
upcoming requests for engagement and
plan content review, etc. Meeting content
is subject to Project Manager's direction
and review and may include other topics
as reasonably necessary to meet Project
Objectives.

June 2023
Update Risk
Assessment
Update risk assessments based on Project
Steering Committee members’ and
Participating Agencies’ feedback.

June 2023
Packet Page 85
22 Task Name Task Description Proposed
Timeline
Develop
Outreach
Strategy and
Materials
Develop a public outreach strategy and
multi-media approach to promote public
comment on the Plan - to include material
for agency website and social media
postings and other print or electronic
media. Develop an online, publicly
accessible hazard mitigation survey to
collect input to inform the final draft Plan
(e. g., asking residents opinion on
hazards, risks, and potential mitigation
measures – reporting results according to
the city and area of respondents).

June 2023
Steering
Committee
Meeting 2
Organize; prepare agenda, invitation, and
content for; and facilitate a Project
Steering Committee Meeting with topics to
include Project Status, reviewing and
soliciting input on updated risk
assessments and mitigation goals and
strategies to reduce risk, and review and
validation of proposed public outreach
strategy and materials. Meeting content is
subject to Project Manager's direction and
review and may include other topics as
reasonably necessary to meet Project
Objectives.

July 2023
Planning
Workgroup
Meetings
As necessary to prepare the Plan and
execute the Project, hold meetings among
select agency stakeholders on various
topics to conduct, gather input for, or
validate technical planning content.

July 2023
Develop
Mitigation Goals
& Strategies
Develop mitigation strategies and goals
based on input from the Project Steering
Committee and/or Planning Workgroup
meetings culminating in documented
mitigation goals and strategies to mitigate
specific hazards.

July 2023
Develop
Mitigation
Action Plans
Prepare detailed mitigation action plans,
consistent with the Mitigation Goals and
Strategies, and based on input from the
Project Steering Committee and/or
Planning Workgroup meeting, to mitigate
specific risks (e. g. both geographically
specific and general, for specific public
facilities, for specific classes of
infrastructure and/or buildings, etc.).

August 2023
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23 Task Name Task Description Proposed
Timeline
Steering
Committee
Meeting 3
Organize; prepare agenda, invitation, and
content for; and facilitate a Project
Steering Committee Meeting with topics to
include Project Status, reviewing and
validating the draft plan, reviewing
planned implementation of outreach
strategy and materials, and preparing for
Plan Adoption. Meeting content is subject
to Project Manager's direction and review
and may include other topics as
reasonably necessary to meet Project
Objectives.

September 2023
Prepare Draft
Plan and Solicit
Comments
Prepare a complete draft of the Plan,
soliciting comments in succession from
the Project Manager, Project Team, Project
Steering Committee, and Participating
Agencies. Coordinate with the City of
Fremont, City of Newark, City of Union
City, ACWD, and USD to post the draft
Plan and Outreach Materials.

October 2023
Prepare Final
Draft Plan
Review and adjudicate public comments
on the Plan, summarizing issues for
Project Manager review and direction.

Finalize the Plan, based on public input
and any final comments from the Project
Manager, Project Team, Project Steering
Committee, and Participating Agencies.

November 2023
Plan Adoption Prepare for, attend, and as necessary
provide subject matter expertise
concerning the Plan at City of Fremont,
City of Newark, and City of Union City
Disaster Council and City Council
meetings and ACWD and USD Board of
Directors meetings.

December 2023
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24 SERVICE AGREEMENT EXHIBIT D

INSURANCE REQUIREMENTS
Professional
Consultant’s performance of the services under this agreement shall not commence until Consultant shall have obtained all insurance required under this Exhibit and such insurance shall have been reviewed and approved by the Risk Manager. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

Consultant shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for alleged injuries to persons or damages to property which may arise from or in connection with the performance of the services by the Consultant, the Consultant’s agents, representatives, employees and subcontractors.

Required professional liability insurance shall be maintained at the level specified herein for the duration of this agreement and any extension thereof and for twelve additional months following the agreement termination or expiration.

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

1. 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.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. 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 Fremont before the City of Fremont’s own insurance or self-insurance shall be called upon to protect it as a named insured.

A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage:
a. Blanket contractual liability
b. Broad form property coverage
c. Personal injury

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.

4. Professional Liability insurance
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25 5. Such other insurance coverages and limits as may be required by the City of Fremont.

B. MINIMUM LIMITS OF INSURANCE
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement 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. Employer’s Liability: Bodily Injury by Accident - $1,000,000 each accident.

Bodily Injury by Disease - $1,000,000 policy limit.

Bodily Injury by Disease - $1,000,000 each employee.

4. Professional Liability insurance: $2,000,000.

5. Such other insurance coverages and limits as may be required by the City of Fremont.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

1. Any deductibles or self-insured retentions must be declared to and approved by the City of Fremont. At the option of the City of Fremont, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Fremont, its officers, officials, employees, and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

2. 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 Fremont.

3. The City of Fremont reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of right to exercise later.

D. ADDITIONAL INSURED REQUIREMENTS:

1. The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City of Fremont, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects alleged:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Fremont, its officers, officials, employees, agents or volunteers. b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Fremont, its officers, officials, employees, agents or volunteers. c. The Consultant’s insurance shall apply separately to each insured against Packet Page 89
26 whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
d. Consultant shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City of Fremont and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City of Fremont and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after 30 days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.

Such insurance shall be maintained from the time work first commences until completion of the work under this agreement. Consultant shall replace such certificates for policies expiring prior to completion of work under this agreement.

E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

F. COMPLETED OPERATIONS
Consultant shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event the Consultant fails to obtain or maintain completed operations coverage as required by this agreement, the City of Fremont at its sole discretion may purchase the coverage required and the cost will be paid by the Consultant.

G. CROSS-LIABILITY
The Liability policy shall include a cross-liability or severability of interest endorsement.

H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this agreement, the same shall be deemed a material breach of contract. The City of Fremont, at its sole option, may terminate this agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Fremont may purchase such required insurance coverage, and without further notice to Consultant, the City of Fremont may deduct from sums due to Consultant any premium costs advanced by the City of Fremont for such insurance.

I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City of Fremont, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Fremont, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

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27 The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Fremont’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

J. SUBCONTRACTORS
Consultant shall require all subconsultants to maintain the same levels of insurance and provide the same indemnity that the Consultant is required to provide under this Agreement. A subconsultant is anyone who is under contract with the Consultant or any of its subconsultants to perform work contemplated by this Agreement. The Consultant shall require all subconsultants to provide evidence of valid insurance and the required endorsements prior to the commencement of any work.

K. SUBROGATION WAIVER
Consultant agrees to waive subrogation rights against City of Fremont regardless of the applicability of any insurance proceeds, and to require all Consultants, subcontractors or others involved in any way with the services to do likewise.

L. VERIFICATION OF COVERAGE
Consultant shall furnish the City of Fremont with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City of Fremont before the services commence.

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28 SERVICE AGREEMENT EXHIBIT E

FEDERAL PROVISIONS
A. DEFINITIONS

1. Government means the United States of America and any executive department or agency thereof.

2. FEMA means the Federal Emergency Management Agency.

3. Third-party Subcontract means a subcontract at any tier entered into by Consultant or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

B. FEDERAL CHANGES

1. Consultant shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200— Contract Provisions for non–Federal Entity Contracts Under Federal Awards, which is included herein by reference. Consultant's failure to so comply shall constitute a material breach of this contract.

2. The Consultant agrees to include the above clause in each third-party subcontract which may be financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

C. ACCESS TO RECORDS

1. The Consultant agrees to provide the City of Fremont (“City”), FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Consultant which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

2. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Consultant agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date City makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Consultant agrees to maintain same until the City, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.

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29 4. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in Section 16 of the Agreement.

D. DEBARMENT AND SUSPENSION

1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the consultant is required to verify that none of the consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

2. Consultant represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Consultant agrees that neither Consultant nor any of its third-party subs shall enter into any third-party subcontracts for any of the work under this Agreement with a third-party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities. Gov. Code § 4477.

3. The consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

Consultant agrees to the provisions of Attachment E1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment E1, Consultant is the “prospective lower tier participant.”

4. The Consultant agrees to include paragraphs A and B above in each third-party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

5. This certification is a material representation of fact relied upon by City.

If it is later determined that the consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the City, and the Federal Government may pursue available remedies, including but not limited to suspension and/ordebarment.

6. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”
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30 E. NO FEDERAL GOVERNMENT OBLIGATIONS TO

CONSULTANT

1. The City and Consultant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Consultant, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

2. The Consultant agrees to include the above clause in each third-party subcontract which may be financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

F. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3)
Consultant agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

1. Consultants and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

2. Consultants, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

3. Consultants and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

4. Consultants, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

G. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR §13.36(i)(4)) Packet Page 94
31 Consultant agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

H. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;)
To the extent required by any Federal grant programs applicable to expected funding or reimbursement of City’s expenses incurred in connection with the services provided under this Agreement, Consultant agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to the requirements set forth in Section 19(b) of the Agreement.

1. The Consultant shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S.

Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates).

Current DIR requirements may be found at
http://www.dir.ca.gov/lcp.asp.

2. The general prevailing wage rates may be accessed at the Department of Labor Home Page at https://sam.gov/search?index=dbra. In the drop down menu for State, select, “California.” In the drop down menu for County, select “Alameda.” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.

I. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)

1. Compliance: Consultant agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

2. Overtime: No consultant or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

3. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Consultant and any subcontractor responsible therefore shall be liable to any affected Packet Page 95
32 employee for his unpaid wages. In additions, such Consultant and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

4. Withholding for unpaid wages and liquidated damages: The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the consultant or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federallyassisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

5. Subcontracts: The consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

J. NOTICE OF REPORTING REQUIREMENTS

1. Consultant acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.

2. The Consultant agrees to include the above clause in each third-party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

K. NOTICE OF REQUIREMENTS PERTAINING TO

COPYRIGHTS

1. Consultant agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
a. The copyright in any work developed with the assistance of funds provided under this Agreement;
b. Any rights of copyright to which Consultant purchases Packet Page 96
33 ownership with the assistance of funds provided under this Agreement.

2. The Consultant agrees to include paragraph A above in each third-party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

L. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR §13.36(i)(8))

1. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

2. Unless the Government later makes a contrary determination in writing, irrespective of Consultant's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Consultant agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.

3. The Consultant agrees to include paragraphs A and B above in each third-party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

M. ENERGY CONSERVATION REQUIREMENTS

1. The agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).

2. The Consultant agrees to include paragraph A above in each third-party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

N. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year)

1. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) Packet Page 97
34 and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

2. Consultant agrees to report each violation of these requirements to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

3. The Consultant agrees to include paragraph A and B above in each thirdparty subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

O. TERMINATION
See Section 15 of the Agreement.

P. CHANGES.

See Section 22 of the Agreement.

Q. LOBBYING (Byrd Anti-Lobbying Amendment, 31
U.S.C. § 1352 (as amended).)

1. Consultant shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. Consultant agrees to the provisions of Attachment 2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).

3. Consultant agrees to include paragraphs A and B above in each thirdparty subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

R. MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly, the CONSULTANT shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321.

Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as nonresponsive and/or be considered as a material breach of the contract.

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35 PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported.
"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONSULTANT fails to take the steps outlined below shall cause the bid to be rejected as non-responsive and/or be deemed a material breach of the contract.

1. Place qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

4. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and

5. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

6. If subcontracts are to be let, Consultant shall take the affirmative steps listed in 2 CFR 200.321.

S. PROCUREMENT OF RECOVERED MATERIALS (2 CFR
200.322)
Consultant shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program Packet Page 99
36 for procurement of recovered materials identified in the EPA guidelines.

T. INCORPORATION OF UNIFORM ADMINISTRATIVE

REQUIREMENTS
The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.

Consultant shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.

U. PROGRAM FRAUD AND FALSE OR

FRAUDULENT STATEMENTS OR RELATED ACTS
The consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the consultant’s actions pertaining to this contract.

V. DHS SEAL, LOGO, AND FLAGS
The consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.

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Service Agreement Attachment E1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED

TRANSACTIONS
(Lower Tier refers to the agency or consultant receiving Federal funds, as well as any subcontractors that the agency or consultant enters into contract with using those funds)
As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds.

Consultant is required to sign the certification below which specifies that neither Consultant nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Consultant will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any consultant that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

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6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of its proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Consultant Signature Date
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39 Packet Page 103
40 Service Agreement Attachment E2

CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Consultant Signature Date
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41 ATTACHMENT 3

TIMEKEEPING
Sample Project Worksheet
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42 Sample Project Activity Log
John Doe
John Doe
John Doe
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43 Meeting Sign-in Sheet
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Rich Martinez
Emergency Services Coordinator
Memorandum of Understanding
for a Multi-Jurisdictional Local
Hazard Mitigation Plan
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• Office of Emergency Management Services
• Local Hazard Mitigation Plan background
• Importance of Local Hazard Mitigation Plan
• Current Local Hazard Mitigation Plan
• Timeline/activities for plan update
• Proposed Memorandum of Understanding
Agenda
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• Disaster Preparedness
• Emergency Management/Response
• C.E.R.T.
• Community Outreach and Training
• Employee Training
Office of Emergency Services
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• Disaster Mitigation Act of 2000
• Identify natural hazards that could impact communities • Identify actions and activities that could reduce losses • Required to adopt a jurisdiction-wide plan, known as
Local Hazard Mitigation Plan (LHMP)
• Required to review and update the LHMP at least every five years
Local Hazard Mitigation Plan - Background
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• Presents a strategy for reducing the City’s vulnerability and strengthening community resilience
• Serves as a guide for decision-makers as resources are committed
• Allows the City to be eligible for Federal Emergency
Management Agency (FEMA) Pre-Disaster Mitigation and
Hazard Mitigation Grant Programs
• Lays the foundation for General Plan policies
Importance of a LHMP
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• On July 11, 2017, the City partnered with the City of Union City, ACWD, and USD to adopt the 2016-2017 Newark/Union City Multi-jurisdictional Local Hazard Mitigation Plan (MLHMP) • On August 18, 2017, the 2016-2017 Newark/Union City
MLHMP was approved by FEMA
• This new MLHMP will supersede the existing MLHMP
Newark’s Current Plan
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• May 2021
Cities of Newark, Fremont, and Union City, Alameda County Water District, and Union Sanitary District agreed to submit a Notice of Intent for a FEMA Grant to hire a consultant to help prepare a single MLHMP for all agencies
• June 2021
All partnering agencies signed a Letter of Commitment as part of the FEMA Grant application
City of Fremont submitted the sub-application to the California Governor’s Office of Emergency Services (CAL-OES)/FEMA as the lead agency for this grant
2023 MLHMP Timeline
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• September 2022
FEMA notified CAL-OES approval of grant for preparation of MLHMP
• December 2022
City of Fremont released Request for Proposal for a
consultant to prepare the MLHMP
• January 2023
MLHMP Project Team held interviews for selection of a
consultant
2023 MLHMP Timeline (continued)
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• February 2023
Consultant selected, and City of Fremont negotiating with FosterMorrison on behalf of all agencies; accepted FEMA grant • March/April 2023
Anticipate kick-off meeting with the MLHMP steering committee • December 2023
Completion of MLHMP project with a FEMA/CAL-OES approved plan
2023 MLHMP Timeline (continued)
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• MOU formalizes joint participation and shared financial risk associated with the FEMA Grant
• City of Fremont would be authorized to enter into a contract with a Consultant to prepare a MLHMP on behalf of all parties • MOU provides a scope of work for the Consultant to prepare a draft MLHMP for review by all parties
Memorandum of Understanding
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• Each party will have the opportunity to provide comments and edits to the Contractor about the MLHMP prior to final version • Each party is responsible for a portion of the costs – Newark’s share shall not exceed $16,644.72
• Newark shall pay its portion through in-kind services of staff assigned to this project
Memorandum of Understanding (continued)
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• Staff recommends that the City Council adopt a
resolution approving a Memorandum of Understanding
(MOU) between the City of Newark, City of Fremont,
City of Union City, Alameda County Water District, and
Union Sanitary District for the development of a MultiJurisdictional Local Hazard Mitigation Plan Recommendation
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Item  H. 1.

DATE 03/09/2023
TO Honorable Mayor and City Council Members
FROM Jennifer Solito, Human Resources Director
SUBJECT    Closed session for conference with Labor Negotiators pursuant to California Government Code Section 54957.6. Agency designated representatives: City Manager Benoun, Assistant City Manager Hovorka, and Human Resources Director Solito; Employee Groups: the Newark Association of Miscellaneous Employees; the Newark Police Management Association; the Newark Police Association; the Confidential Employee Group; and the Management, Supervisory, and Professional Employee Group Packet Page 120