Union City City Council
April 26, 2022

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, April 26, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
Copy and paste link into browser to view video of the City Council Meeting of April 26, 2022: https://unioncity-org.zoom.us/rec/share/Fkc-ZpXHytGVgDDeuQ0RteGP3Z7_ogFJIAtUgrIR-Zrf81gO34VfTfLkJw-YHKx.9Aacjnzb9dkMYIG_ Meeting will Also be Held Via Teleconference. To access meeting, please see Teleconference Guidelines.

1. CALL TO ORDER

1.a. Pledge of Allegiance

1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Jaime Patiño
Councilmember Emily Duncan
Councilmember Pat Gacoscos
Councilmember Gary Singh

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation in Recognition of National Victims' Rights Week, April 24 - 30, 2022

3.b. Proclamation Recognizing April as Fair Housing Month

3.c. Proclamation in Recognition of Mark Evanoff for His Career of City Council/RSA Agenda 1 Tuesday, April 26, 2022
Exemplary Service

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.

5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)

5.b. Approve the Minutes of the City Council Meetings Held on April 12, 2022

5.c. Adopt a Resolution Amending Conflict of Interest Code of NonElected Officials and Designated Employees of the City of Union City

5.d. Adopt a Resolution Accepting a $51,300 Grant from California Department of Transportation (Caltrans), Program Supplement Agreement No. 04-5354S21, for the Preparation of a Local Roadway Safety Plan (LSRP), City Project No. 21-25;
Authorizing a Budget Transfer of $5,700 from Measure BBRoads (Fund 2545) to Capital Projects (Fund 4100) for the City's Local Match; and Amending the FY 2021-2022 Capital Projects Fund Budget by Increasing Revenue Projections by $51,300 and Appropriating $51,300 to City Project No. 21-25

5.e. Adopt a Resolution Authorizing the Award of a Construction Contract to Guerra Construction Group, in the Amount of $1,014,111, and Approving the Allocation of $556,130 of FY 2022-2023 Community Development Block Grant (CDBG)
Funds for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13; and Adopt a Resolution Accepting $222,820 of Per Capit Grant Funds from the State of California, Department of Parks and Recreation
City Council/RSA Agenda 2 Tuesday, April 26, 2022

5.f. Adopt a Resolution Confirming the Continued Existence of a Local Emergency Due to COVID-19

5.g. Adopt a Resolution Authorizing the City Manager to Execute An Agreement with Spyglass, LLC, for Telecommunication Cost Recovery, Service Elimination, and Cost Reduction
Recommendations

5.h. Adopt a Resolution Approving the Replacement of the City Network and Security Infrastructure Equipment with Fortinet Through Reseller SHI International Corporation for a Total Cost of $699,168.35 and the Financing of $607,747.02 of that Purchase Through Bank of America, and Authorize the City Manager to Execute Agreements to Purchase the New Fortinet Equipment, Five Years of Vendor Maintenance, and
Professional Services to Support Staff in the Setup and Installation

5.i. Adopt a Resoution Finding That There Is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote
Teleconferenced Meetings of the Legislative Bodies of the City of Union City for the 30 Day Period Beginning April 26 Pursuant to AB 361

5.j. Adopt a Resolution Approving an Amendment to the
Compensation and Benefit Plan for Unrepresented Employees

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Hear Report from Godbe Research and TBWBH Props and Measures on a March 2022 Survey of Union City Voter Attitudes on Extension of the One-Half Cent Sales Tax and Planned Public Information Program

7.b. Adopt a Resolution Approving the Issuance of a Proposition 218 Notice and Schedule a Public Hearing on the Proposed Increase of Solid Waste, Compost and Recycling Collection Service Rates for Fiscal Year 2022-2023.

7.c. Adopt a Resolution to Approve an Exception to the 180-Day Waiting Period for Post-Retirement Employment and Approve an Employment Agreement with Mark Evanoff as a Retired
Annuitant Pursuant to Government Code Sections 7522.56 and 21224

7.d. Introduce by Title Only an Ordinance Repealing and Replacing Chapter 2.32 “Purchasing System” of Title 2 “Administration and Personnel” of the Union City Municipal Code in its Entirety

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None
City Council/RSA Agenda 3 Tuesday, April 26, 2022

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.

Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.

TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL

MEETING
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, 2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.

How to watch the meeting remotely:

1. Comcast TV Channel 15 (UCTV 15)

2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:

Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to the official record.

City Council/RSA Agenda 4 Tuesday, April 26, 2022
Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.

Instructions on Raising your Hand in Zoom Webinar:

1.Click Raise Hand in the webinar controls. The host will be notified that you've raised your hand.

2.If the host allows you to talk, you may be prompted to unmute yourself. While unmuted, your profile picture and name is displayed to the host and panelists. Only your name is displayed to other attendees.

3.Click Raise Hand in the webinar controls to lower it, if needed. This will not mute yourself if you are unmuted.

Zoom Shortcuts:

Windows: You can also use the AltY keyboard shortcut to raise or lower your hand.

Mac: You can also use the OptionY keyboard shortcut to raise or lower your hand.

Please click the link below to join the webinar:
http://citycouncil-live.unioncity.org/
Passcode: Mr6%qH6P
Or Telephone:

Dial (for higher quality, dial a number based on your current location):

US: +1 213 338 8477 or +1 301 715 8592 or +1 408 638 0968 or +1 646 518 9805 Webinar ID: 928 8582 6000
Passcode: 52282697
ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, April 26, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 6 Tuesday, April 26, 2022

CITY OF UNION CITY

PROCLAMATION
NATIONAL VICTIMS’ RIGHTS WEEK
April 24-30, 2022

WHEREAS, more than 26 million people become victims of crime each year, and these crimes also affect family members, friends, neighbors, and co-workers; and the Alameda County Victim-Witness Division is dedicated to ensuring the rights of crime victims and their families by providing services to aid in their recovery from the emotional, psychological, social, and economic impact of crime as they reclaim their sense of safety, well-being, and dignity. The Victim-Witness staff assists victims of crime without regard to a person’s race, gender, religion, nationality, sexual orientation, and gender identity or immigration status.

WHEREAS, victims are faced with many challenges as a result of crime; often times, victims enter systems that fail to meet their needs, provide appropriate services, and fail to treat them with the dignity and respect they deserve; and involving survivors helps victim service providers and criminal justice professionals understand the culture, values, and expectations of underserved and unserved victims who seek assistance and justice; and WHEREAS, the Alameda County District Attorney’s Office Victim-Witness Assistance Program was the first such program established in 1974, beginning with one Victim Advocate. Today, the Alameda County District Attorney’s Office employs more than 60 individuals dedicated to working with Victims of Crime; and WHEREAS, in 1984, the Crime Victims Fund was established by the Victims of Crime Act (VOCA) to provide a permanent source of support for crime victim services and compensation. Alameda County District Attorney’s Office Victim-Witness Assistance Division partners with survivors, community service providers, criminal justice professionals and victim advocates are working together to enhance a criminal justice system response that is accessible, culturally competent, and appropriate for all victims of crime; and WHEREAS, in 2021, the Alameda County District Attorney’s Office Victim-Witness Assistance Division provided over 3,197 services to more than 459 crime victims in Union City, including but not limited to, child victims of violence and sexual abuse, stalking victims, survivors of homicide victims, human trafficking, crimes against elders and dependent adults, sexual assault, domestic violence, robbery and other crimes; for victims of crime without independent financial means, the District Attorney’s office facilitated financial support through the victim Compensation Program; and, WHEREAS, the Alameda County District Attorney’s Office has been a leader in outreach and services to Underserved populations including commercial sexual exploitation of children, sexual assault victims from cold hit/DNA cases, immigrant victims, urban youth, and victims in the LGBTQ community, as well as victims with disabilities such as deaf and hard of hearing. The Alameda County District Attorney’s Office has been bridging the gap between law enforcement and the community and building the community’s trust in the Criminal Justice System; and

WHEREAS, National Crime Victims’ Rights Week, April 24-30, 2022, provides an opportunity to celebrate the energy, creativity and commitment that launched the victims’ rights movement, inspired its progress, and continues to advance the cause of justice for crime victims.

City Council/RSA Agenda 7 Tuesday, April 26, 2022
NOW, THEREFORE, the City Council, City of Union City, County of Alameda, State of California does hereby proclaim April 24-30, 2022 to be Alameda County Victims’ Rights Week and reaffirms the commitment to respect and enforce victims’ rights and addressing their needs during Victims’ Rights Weeks and throughout the year; and express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force to improve the response to victims of crime and build a more just community.

DATED this 26th day of April 2022

CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATIŃO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
___________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 8 Tuesday, April 26, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proc -April Fair Housing Month Attachment
City Council/RSA Agenda 9 Tuesday, April 26, 2022

CITY OF UNION CITY

PROCLAMATION

Proclamation Recognizing April as Fair Housing Month

WHEREAS, the passage of the Fair Housing Act in 1968 enunciated a national policy of fair housing for all who live in the United States; and
WHEREAS, the Fair Housing Act prohibits discrimination based on race, color, religion, sex, handicap, familial status and national origin; and
WHEREAS, fair housing is a positive community good; and WHEREAS, economic stability, community health, and human relations in all communities are improved by diversity and integration; and
WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness; and
WHEREAS, fair housing is integral to the ethical commitment of members of the National Association of REALTORS® and the Bay East Association of REALTORS® and is critical to the ability of all real estate professionals to serve their clients, customers and communities.

NOW, THEREFORE, BE IT RESOLVED, the City of Union City does hereby proclaim the month of April 2022 as “Fair Housing Month” in the City of Union City, to establish the City of Union City as an inclusive community committed to fair housing, and to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents of the City of Union City DATED this 26th day of April 2022

CAROL DUTRA-VERNACI, Mayor
____________________________________
JAIME PATIŃO, Vice Mayor
____________________________________
EMILY DUNCAN, Councilmember
____________________________________
PAT GACOSCOS, Councilmember
___________________________________
GARY SINGH, Councilmember
City Council/RSA Agenda 10 Tuesday, April 26, 2022
Agenda Item
ATTACHMENTS:

Description Type
Proc - Mark Evanoff Retirement Attachment
Written Public Comment Attachment
City Council/RSA Agenda 11 Tuesday, April 26, 2022

CITY OF UNION CITY

PROCLAMATION
In Recognition of Mark Evanoff for His Career of Exemplary Service WHEREAS, after an esteemed career spanning over forty-four years, including nearly twenty-four years of dedicated service to the City of Union City, Mark Evanoff will embark on his retirement effective May 1, 2022; and

WHEREAS, after receiving a Bachelor’s degree in Environmental Studies from Sonoma State University, and Master of Public Administration from California State University East Bay, Mr. Evanoff’s early career included serving as East Bay Field Director for Greenbelt Alliance and Legislative Aide to Assemblymember Mike Sweeney; and

WHEREAS, Mr. Evanoff joined Union City as a Management Analyst in 1998, served as Redevelopment Agency Manager for over twelve years, and was promoted to Deputy City Manager in 2015; and WHEREAS, over his career, Mr. Evanoff’s numerous contributions to the City of Union City include:
 Cleanup and redevelopment of the 90-acre Pacific States Steel Corporation Property;  Conversion of the Tropics Mobile Home Park to affordable housing for 545 low-income households;  Advancing the vision of Union City’s Station District, which includes overseeing the cleanup and redevelopment of the 30-acre PG&E pipe yard; facilitating the redesign of the Union City BART Station; re-envisioning the East West Connector Project as Quarry Lakes Parkway; and finalizing the conveyance of former Caltrans property to Union City for the development of the Gateway neighborhood;  Coordinating the development of housing for Union City residents at all income levels, including the development of the 120-unit Mission Gateway affordable housing development; the 157-unit Station Center affordable housing development, winner of the 2013 Congress for the New Urbanism Grand Prize and 2014 Urban Land Institute Global award for Excellence; and the 243-unit Windflower I property;  Leading the development of special programs, legislation, and regulations, including the citywide parking program, fireworks use and sale regulations, and commercial cannabis regulations, among others; and WHEREAS, Mark will forever be treasured for his professionalism, humility, and dedication to his work.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Union City hereby expresses its profound appreciation and gratitude to Mark Evanoff for his unparalleled commitment to the City, its residents, and staff, and for his enduring legacy of service that will secure the future prosperity of Union City for generations to come.

DATED this 26th day of April 2022.
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
GARY SINGH, Vice Mayor
____________________________________
EMILY DUNCAN Councilmember
____________________________________
PAT GACOSCOS, Councilmember
____________________________________
JAIME PATIÑO, Councilmember
City Council/RSA Agenda 12 Tuesday, April 26, 2022
4/26/22, 9:57 AM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 1/1 Public comment Mark Evanoff

KENDAHYL WALLACE
Fri 4/22/2022 7:39 PM
To: City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Dear Mayor and City Council
I just want  to say Mark Evanoff was awesome guy he will missed in the community of Union city.

Mark has been good employee and has been really helpful in getting key  city projects done.Wish nothing but success for him.

Kendahyl
Sent from my iPhone
City Council/RSA Agenda 13 Tuesday, April 26, 2022
Agenda Item
ATTACHMENTS:

Description Type
Draft 04.12.22 sp Attachment
Draft 04.12.22 Attachment
City Council/RSA Agenda 14 Tuesday, April 26, 2022

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, April 12, 2022
6:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:00 p.m.

Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci

Absent: None

2. ORAL COMMUNICATIONS - None

3. CLOSED SESSION

3.a. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code Section 54957.6
Agency designated representative for Employee Organizations:

Lilybell Nakamura, Human Resources Director
Jeff Bailey, IEDA Representative
For Unrepresented Employees:

Kristopher J. Kokotaylo, City Attorney
Employee organization:

Management Employees Group (MEG)
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Unrepresented employees:

Employees subject to the Compensation and Benefit Plan for Unrepresented Employees
City Council/RSA Agenda 15 Tuesday, April 26, 2022

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:45 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 16 Tuesday, April 26, 2022

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, April 12, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.

1.a. Pledge of Allegiance – Mayor Dutra-Vernaci led the pledge.

1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci

Absent: None

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS - None

4. ORAL COMMUNICATIONS

4.a. Submitted Public Comment (Attachment A)

5. CONSENT CALENDAR
Mayor Dutra-Vernaci requested additional discussion of item 5.g.

It was moved by Councilmember Gacoscos and seconded by Vice Mayor Patiño to adopt consent calendar items 5.a. through 5.f., 5.h. and 5.i. The motion was carried by unanimous roll call vote.

5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
City Council/RSA Agenda 17 Tuesday, April 26, 2022

5.b. Approved the Minutes of the City Council Meetings Held on March 22, 2022 and April 5, 2022

5.c. Adopted Resolution No. 5914-22 Authorizing the City Manager to Execute a Contractual Services Agreement with Rhythm Engineering, LLC, for the Innovative Deployments to Enhance Arterials (IDEA) Passive Pedestrian Detection Project, City Project No 17-27A, in the Amount of $188,476 and Appropriating $47,119 from the Traffic Signalization Fund

5.d. Adopted Resolution No. 5915-22 Authorizing the Fourth Amendment to the Consulting Services Agreement Between the City of Union City and HdL Companies for Cannabis Application Review and Consultation

5.e. Adopted Resolution No. 5916-22 Accepting Work for the Highway Safety Improvement Program (HSIP)Cycle 8 Traffic Signal Improvements, City Project No. 17-18

5.f. Adopted Resolution No. 5917-22 Initiating Proceeding for the Levy and Collection of Assessments for the City-Wide Landscape & Lighting District No. 3 for Fiscal Year 2022/23

5.h. Adopted Resolution No. 5918-22 Approving an Amendment to the City’s Compensation Plan and Salary Schedule for Unrepresented Police Department Positions in Conformance with California Code of Regulations, Title 2, Section 570.5

5.i. Adopted Resolution No. 5919-22 Authorizing the City to Participate in a $4 Million Master Lease Purchase Program Offered by Bank of America and Approving the City Manager to Execute the Related Documents after Approval as to Form by the City Attorney
Item 5.g.

5.g. Adopt A Resolution in Support of Locating A Trauma Center In Southern Alameda County at Washington Hospital’s Morris Hyman Critical Care Pavilion Mayor Dutra-Vernaci pulled the item to stress its importance and the need for such a center. She voiced her unequivocal support.

It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Singh to Adopt Resolution No. 5920-22 in Support of Locating a Trauma Center In Southern Alameda County at Washington Hospital’s Morris Hyman Critical Care Pavilion. The motion was carried by unanimous roll call vote.

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Adopt a Resolution Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act
City Manager Malloy presented the staff report and responded to questions from Council. Councilmembers provided comment.

It was moved by Councilmember Duncan and seconded by Councilmember Singh to adopt Resolution No. 5921-22 Opposing Initiative 21-0042A1, the City Council/RSA Agenda 18 Tuesday, April 26, 2022
Taxpayer Protection and Government Accountability Act. The motion was carried by unanimous roll call vote.

7.b. Informational Report on the Solid Waste and Recycling Collection Service Rates for Fiscal Year 2022-2023 and Related Impact of SB 1383 Compliance Recycling & Solid Waste Program Manager Cliff Feldman presented the staff report and responded to question from Council.

Council provided staff with the following direction:
 Prepare a Proposition 218 Notice for mailing to all property owners disclosing the increase in rates for Council to consider authorizing distribution at the April 28, 2022 Council meeting; and  Provide direction to staff to return to Council in December 2022 timeframe with an update on SB 1383 compliance, potential recommendations to changes in collection service delivery, and detailed cost and implementation plans to purchase and deploy new colorcompliant containers.

The report was informational and required no further action of the Council.

7.c. Informational Report on the Fiscal Year 2020-2021 Preliminary Year-End Financial Results of the General Fund; and Adoption of a Resolution Authorizing the Use of Fifty Percent (50%) of the General Fund's Fiscal Year 2020-2021 Unanticipated Savings to Fund Unfunded Liabilities and Authorizing the Use of the Remaining Fifty Percent (50%) for Reinvestment in Currently Unfunded, One-Time, Capital Projects
Finance Director Jackie Acosta presented the staff report, detailing areas where unanticipated savings were realized, mostly because of COVID-19, and their recommended usage. Staff responded to questions from Council.

Councilmembers provided comment.

It was moved by Councilmember Gacoscos and seconded by Vice Mayor Patiño to adopt Resolution No. 5922-22 Authorizing the Use of Fifty Percent (50%) of the General Fund's Fiscal Year 2020-2021 Unanticipated Savings to Fund Unfunded Liabilities and Authorizing the Use of the Remaining Fifty Percent (50%) for Reinvestment in Currently Unfunded, One-Time, Capital Projects. The motion was carried by unanimous roll call vote.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL
Councilmember Duncan stated she will attend the Legislative and Policy Subcommittee meeting on April 18.

Councilmember Singh reported on his attendance of the Union City Chamber of Commerce meeting.

City Council/RSA Agenda 19 Tuesday, April 26, 2022
Councilmember Gacoscos reported on her attendance of the latest Human Relations Commission meeting and a meeting of the Alameda County Library Commission.

Mayor Dutra-Vernaci reported on her attendance of the Alameda County Transportation Commission and the Metropolitan Transportation Commission meetings.

13. GOOD OF THE ORDER
Councilmember Duncan stated it was the time of year to start addressing overgrown weeds, prior to the wind and fire season.

Councilmember Gacoscos reported on her attendance of the grand openings for Dave’s Hot Chicken and Menya Shono, both new restaurants located in Union Landing.

Vice Mayor Patiño noted he will be attending an upcoming Emergency Preparedness conference in Chicago, paid for by a scholarship.

Mayor Dutra-Vernaci noted the upcoming Easter Egg Hunt on April 16 at Kennedy Park for children ages 1 -12. Masks are required.

Mayor Dutra-Vernaci announced upcoming trips to Washington, DC regarding the Metropolitan Transportation Commission and a trip to Reno, NV for the U.S.

Conference of Mayors.

14. CLOSED SESSION - None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:27 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 20 Tuesday, April 26, 2022
Agenda Item
DATE: 4/12/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION AMENDING CONFLICT OF INTEREST CODE OF

NON-ELECTED OFFICIALS AND DESIGNATED EMPLOYEES OF THE CITY

OF UNION CITY
Staff recommends that the City Council adopt the attached Resolution amending the Conflict of Interest Code of non-elected and designated employees of the City of Union City by amending Appendices A and B.

STRATEGIC PLAN ALIGNMENT
This agenda item does not have alignment with the Strategic Plan.

BACKGROUND
Senior Management Staff and the City Attorney were requested to review the City’s current Conflict of Interest Code. This biennial review and update is required by Section 87306.5 of the Government Code.

DISCUSSION
The review has been completed, and Senior Management Staff and the City Attorney have found that while the wording within the Code is in conformance with the Political Reform Act, there is a need to amend the attached Appendices, Designated Positions and Disclosure Categories, because of organizational changes that have occurred since the 2020 review. The changes are reflected in red font on the Appendices, Designated Positions and Disclosure Categories attachment to the proposed resolution. This biennial update is intended to serve both the City Counciland Successor Agency to the Redevelopment Agency.

FISCAL IMPACT
There is no fiscal impact.

City Council/RSA Agenda 21 Tuesday, April 26, 2022

RECOMMENDATION
Staff recommends that the City Council accept this report of the review of the Conflict of Interest Code, and adopt the Resolution amending the City’s Conflict of Interest Code, Appendices A and B, as submitted.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
Appendices A & B, redlined Exhibit
City Council/RSA Agenda 22 Tuesday, April 26, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AMENDING CONFLICT OF INTEREST CODE OF NON-ELECTED OFFICIALS

AND DESIGNATED EMPLOYEES OF THE CITY OF UNION CITY

BY AMENDING APPENDICES B AND C
WHEREAS, under California Government Code Section 87306(a): Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision; and
WHEREAS, amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent; and
WHEREAS, there is a need to amend the Conflict of Interest Code Appendices, Designated Positions and Disclosure Categories, because of organizational changes that have occurred since the 2020 biennial review; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Union City, does hereby amend Appendices A and B, attached hereto and made a part hereof, of the Conflict of Interest Code of the non-elected officials and designated employees of the City of Union City.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

CAROL DUTRA-VERNACI
Mayor
ATTEST:
____________________________
ANNA M. BROWN
City Clerk APPROVED AS TO FORM:
______________________________
KRISTOPHER J. KOKOTAYLO
City Attorney
City Council/RSA Agenda 23 Tuesday, April 26, 2022
1 APPENDIX “A”
The following officials are exempt from local filing as they file Conflict of Interest Statements with the California Fair Political Practices Commission pursuant to Government Code Sections 87200 and 87201:

Mayor
City Council Members
Planning Commissioners
City Manager
City Attorney
Finance Director
Assistant City Manager/Chief Financial Officer
City Council/RSA Agenda 24 Tuesday, April 26, 2022
2 APPENDIX “B”

DESIGNATED POSITIONS DISCLOSURE CATEGORY
City Attorney
City Attorney See Appendix “A”
Deputy/Assistant City Attorney 1, 2, 3, 4, 5, 6, 7, 8
City Council and Commissions
City Council Members See Appendix “A”
Human Relations Commissioners and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Mayor See Appendix “A”
Park & Recreation Commissioner and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Planning Commissioners and Alternates See Appendix “A”
Arts & Culture Commissioners and Alternates 1, 2, 3, 4, 5, 6, 7, 8 Senior Citizens Commissioners and Alternates 1, 2, 3, 4, 5, 6. 7, 8 Station District Community Advisory Committee 1, 2, 3, 4, 5, 6. 7, 8 Bicycle Pedestrian Advisory Committee 1, 2, 3, 4, 5, 6. 7, 8 Sales Tax & Utilities Users Tax Oversight Committee 1, 2, 3, 4, 5, 6. 7, 8 City Manager
Administrative Specialist – Confidential 1, 2, 3, 4, 5, 6, 7, 8 Assistant to the City Manager 1, 2, 3, 4, 5, 6, 7, 8
Assistant City Manager/Chief Financial Officer See Appendix "A" Chief Human Resources Officer 1, 2, 3, 4, 5, 6, 7, 8
Chief Technology Officer 1, 2, 3, 4, 5, 6, 7, 8
City Clerk 1, 2, 3, 4, 5, 6, 7, 8
City Manager See Appendix "A"
Cyber Security Manager 1, 2, 3, 4, 5, 6, 7, 8
Deputy City Manager 1, 2, 3, 4, 5, 6, 7, 8
Emergency Services Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Analyst I/II/III 1, 2, 5, 6, 7, 8
Human Resources Manager 1, 2, 3, 4, 5, 6, 7, 8
Human Resources Director 1, 2, 3, 4, 5, 6, 7, 8
Information Technology Director 1, 2, 3, 4, 5, 6, 7, 8
Management Analyst I/II/III 1, 2, 3, 4, 5, 6, 7, 8
Recycling and Solid Waste Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Recycling Programs Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Senior Systems Analyst 1, 2, 3, 4, 5, 6, 7, 8
Solid Waste/Recycling Coordinator 1, 2, 5, 6, 7, 8
Supervising Personnel Analyst 1, 2, 5, 6, 7, 8
Sustainability Analyst I/II 1, 2, 5, 6, 7, 8
Web and Database Administrator 1, 2, 3, 4, 5, 6, 7, 8
Community and Recreation Services
Community and Recreation Services Director 1, 2, 3, 4, 5, 6, 7, 8 Community and Recreation Services Manager 1, 2, 5, 6, 7, 8 Homeless Program Coordinator/Case Manager 1, 2, 5, 6, 7, 8 Recreation Program Coordinator 1, 2, 5, 6, 7, 8
Senior Recreation Supervisor 1, 2, 5, 6, 7, 8
Recreation Supervisor 1, 2, 5, 6, 7, 8
City Council/RSA Agenda 25 Tuesday, April 26, 2022
3 Youth Employment Coordinator 1, 2, 3, 4, 5, 6, 7, 8
Youth and Family Services Clinical Supervisor 1, 2, 3, 4, 5, 6, 7, 8 Youth and Family Services Program Manager 1, 2, 3, 4, 5, 6, 7, 8 Finance Department
Accountant 1, 2, 3, 4, 5, 6, 7, 8
Finance Director See Appendix “A”
Management Analyst I/II/III 1, 2, 3, 4, 5, 6, 7, 8
Budget Manager/Purchasing Agent 1, 2, 3, 4, 5, 6, 7, 8
Revenue Collections Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Accountant 1, 2, 3, 5, 6, 7, 8
Supervising Accountant 1, 2, 3, 5, 6, 7, 8
Economic and Community Development
Assistant Planner 1, 2, 3, 4, 5, 6, 7, 8
Associate Planner 1, 2, 3, 4, 5, 6, 7, 8
Building Code Compliance Coordinator 1, 2, 3, 4, 5, 6, 7, 8 Building Code Compliance Inspector 1, 2, 3, 4, 5, 6, 7, 8 Chief Building Official 1, 2, 3, 4, 5, 6, 7, 8
Economic & Community Development Director 1, 2, 3, 4, 5, 6, 7, 8 Economic Development Manager 1, 2, 3, 4, 5, 6, 7, 8
Environmental Programs Inspector 1, 2, 3, 4, 5, 6, 7, 8 Environmental Programs Manager 1, 2, 3, 4, 5, 6, 7, 8
Housing & Community Development Manager 1, 2, 3, 4, 5, 6, 7, 8 Planning Manager 1, 2, 3, 4, 5, 6, 7, 8
Senior Building Inspector 1, 2, 3, 4, 5, 6, 7, 8
Senior Planner 1, 2, 3, 4, 5, 6, 7, 8
Police
Police Captain 1, 2, 3, 4, 5, 6, 7, 8
Police Chief 1, 2, 3, 4, 5, 6, 7, 8
Police Lieutenant 1, 2, 3, 4, 5, 6, 7, 8
Police Sergeant 1, 2, 5, 6, 7, 8
Public Works
City Engineer 1, 2, 3, 4, 5, 6, 7, 8
Principal Civil Engineer 1, 2, 3, 4, 5, 6, 7, 8
Public Works Director 1, 2, 3, 4, 5, 6, 7, 8
Public Works Superintendent 1, 2, 3, 4, 5, 6, 7, 8
Public Works Grounds Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Streets Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Public Works Fleet Supervisor 1, 2, 3, 4, 5, 6, 7, 8
Supervising Construction Inspector 1, 2, 3, 4, 5, 6, 7, 8 Transit Manager 1, 2, 5, 6, 7, 8
Successor Agency to the Community Redevelopment Agency
Chairperson 1, 2, 3, 4, 5, 6, 7, 8
Board Members 1, 2, 3, 4, 5, 6, 7, 8
Executive Director (City Manager) 1, 2, 3, 4, 5, 6, 7, 8 Secretary (City Clerk) 1, 2, 3, 4, 5, 6, 7, 8
Treasurer (Finance Director) 1, 2, 3, 4, 5, 6, 7, 8
City Council/RSA Agenda 26 Tuesday, April 26, 2022
4 Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written description of the consultant’s duties should be submitted to and reviewed by the City Manager and, based upon that description, the City Manager should determine in writing the extent of the particular consultant’s disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

City Council/RSA Agenda 27 Tuesday, April 26, 2022
5 APPENDIX “C”
The following employees are clerical, secretarial, manual, or ministerial employees who do not make or participate in the making of decisions:

Finance and Information Technology
Finance Specialist I/II/III
Payroll Technician
City Council and Commissions
Youth Commissioners
City Manager
Communications Coordinator
Citywide (All Departments)
Administrative Assistant I, II, III
Intern
Office Specialist I/II/III (incl part time)
Economic & Community Development
Building/Code Compliance Inspector Trainee
Building Permit Technician
Building Permit Technician II
Community and Recreation Services
Case Manager
Facilities Maintenance Attendant
Intervention Counselor I/II
Lead Outreach Worker
LS Maintenance Worker
Preschool Site Supervisor
Project Specialist
Recreation Admin Tech
Recreation Aide I/II
Recreation Leader
Senior Recreation Leader
Street Outreach Worker
Police
Community Resources Coordinator
Community Service Aide
Office Coordinator
Police Cadet
Police Office Assistant
Police Officer
Police Officer Trainee
Police Records Supervisor
Police Reserve Officer
Property Clerk
Property Supervisor
Public Services Officer
Recruit Officer II
Senior Systems Analyst
Public Works
Engineer I/II/III (Civil)
Facilities Maintenance Worker
Fleet Parts Specialist
Lead Heavy Equipment Mechanic
Lead Facilities Maintenance Worker
Maintenance I, Parks & Grounds
Maintenance I, Streets
Maintenance II
Maintenance II, Parks & Grounds
Maintenance II, Streets
Maintenance Trainee, Parks & Grounds
Maintenance Trainee, Streets
Project Specialist
Public Works Inspector
Senior Public Works Inspector
Special Projects Coordinator
Street Sweeper Operator
Transit Planner I/II
Vehicle/Equipment Technician
Vehicle/Heavy Equipment Mechanic
City Council/RSA Agenda 28 Tuesday, April 26, 2022
-6-
APPENDIX “D”

GENERAL PROVISIONS
When a designated employee is required to disclose investments and sources of income, he or she need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction, or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is considered to be doing business with the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interest in real property, he or she need only disclose real property which is located in whole or in part within, or not more than two miles outside of, the boundaries of the jurisdiction, or within two miles of any land owned or used by the local government agency.

Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix “A” and “B”.

DISCLOSURE CATEGORIES
Category 1: All investments and sources of income.

Category 2: All interest in real property
Category 3: All investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department.

Category 4: Positions held and investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property.

Category 5: Positions held and investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Union City to provide services, supplies, materials, machinery or equipment.

Category 6: Positions held and investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment.

Category 7: Positions held and investments in business entities located in the City of Union City proper or in any land or facilities used, owned, or operated by the City of Union City.

Category 8: Positions held and investments in business entities or investments with natural persons that have contractual obligations or privileges with the City of Union City.

City Council/RSA Agenda 29 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING A$51,300 GRANT FROM THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS),
PROGRAM SUPPLEMENT AGREEMENT NO. 04-5354S21, FOR THE

PREPARATION OF A LOCAL ROADWAY SAFETY PLAN (LRSP), CITY PROJECT NO. 21-25;AUTHORIZING A BUDGET TRANSFER OF $5,700 FROM MEASURE BB-ROADS (FUND 2545) TO CAPITAL PROJECTS (FUND 4100) FOR THE CITY’S LOCAL MATCH; AND AMENDING THE FY 2021-2022

CAPITAL PROJECTS FUND BUDGET BY INCREASING REVENUE PROJECTIONS BY $51,300 AND APPROPRIATING $51,300 TO CITY PROJECT NO. 21-25 Staff recommends that the City Council adopt the attached Resolution accepting a $51,300 Grant from the California Department of Transportation (Caltrans), Project Supplement Agreement No. 04-5354S21, for the preparation of the Local Roadway Safety Plan (LRSP), City Project No. 21-25, authorizing a budget transfer of $5,700 for the Local Match from Measure BB-Roads (Fund 2545) to Capital Projects (Fund 4100), and amending the FY 2021-2022 Capital Projects Fund budget.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D: Create a healthy, sustainable community and maintain and improve the City’s Infrastructure.

BACKGROUND
The City is eligible to receive federal and state funding for local street improvements through the California Department of Transportation (Caltrans) and the Bay Area Metropolitan Transportation Commission (MTC).

On September 28, 2021, the City Council approved Resolution No. 5827-21 authorizing the City Manager to execute Program Supplement Agreements and the Public Works Director or their designee to execute Right-of- Way Certifications, Utility Relocations and Related Technical Engineering Documents for State and Local Grant funds for Local Street Improvements.

City Council/RSA Agenda 30 Tuesday, April 26, 2022

DISCUSSION
Federal- and state-funded grants provide additional funding opportunities to support the City’s Capital Improvement Program (CIP) projects with over $1.7 million secured for recent projects over the past few years, as noted below:

Traffic Signal Improvements: Highway Safety Improvement Program (HSIP) #7 $ 380,200 Traffic Signal Improvements: Highway Safety Improvement Program (HSIP) #8 $ 510,400 Dyer Street Rehabilitation: One Bay Area Grant (OBAG) 2 Program $ 872,000 $1,762,600
Caltrans is now requiring local agencies to prepare a Local Roadway Safety Plan (LRSP) as a framework to identify, analyze and prioritize safety improvements on local streets and roads and they will require an approved LRSP for future HSIP funding cycles.

Caltrans is assisting many localagencies by providing funds for the LRSP and has provided Union City with $51,300 of state grant funds through the Program Supplement Agreement No. 04-5354S21, dated February 28, 2022, requiring a minimum local match of $5,700.

Union City entered into a Consulting Services Agreement (C5858) in April 2022 with Advance Mobility Group (AMG), in the amount of $57,000, under the City Manager’s expenditure authority, for the preparation of Local Roadway Safety Plan, City Project No. 21-25. This LRSP is now required by Caltrans for future HSIP funds.

Staff solicited the scope of work from several traffic and transportation consultants in the Bay Area to prepare this report. AMG has recently prepared a similar document, is familiar with Caltrans Traffic Manuals and has the qualifications and availability to prepare this report in timely manner.

FISCAL IMPACT
Union City will receive $51,300 of state funds, as identified in the Program Supplement Agreement No. 04-5354S21, dated February 28, 2022. This grant will require a local match of $5,700, which will provide a total of $57,000 for the preparation of the Local Roadway Safety Plan, City Project No. 21-25.

There will be no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution:

1. Accepting a $51,300 grant from the California Department of Transportation (Caltrans), Program Supplement Agreement No. 04-5354S21, dated February 28, 2022, with a required local match of $5,700, for the preparation of a Local Roadway Safety Plan, City Project No. 21-25; and

2. Approving the $5,700 local match and authorizing a budget transfer from Account Number 2545-3103- 33003-54110 (Measure BB-Roads Fund – Professional Services) to Account Number 4100-3199-92125- 54110 (Capital Projects Fund – Professional Services); and

3. Amending the FY 2021-2022 Capital Projects Fund budget by increasing the revenue projection in Account Number 4100-92125-44171 (Capital Projects Fund – Misc. State Grants) by $51,300 and appropriating $51,300 to Account Number 4100-3199-92125-54110 (Capital Projects Fund – Professional Services) for the preparation of a Local Roadway Safety Plan, City Project No. 21-25.

City Council/RSA Agenda 31 Tuesday, April 26, 2022
Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A -AMGConsulting ServiceAgreement Attachment Resolution - LSRP Safety Plan Resolution
Exhibit A - ProgramSupplement 5354S21 PSA Exhibit
Exhibit B- Finance Letter LRSPL-5354(044) Exhibit
City Council/RSA Agenda 32 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 1 of 31

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND

ADVANCED MOBILITY GROUP FOR

LOCAL ROADS SAFETY PROGRAM
CITY PROJECT NO. 21-25
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Advanced Mobility Group, a corporation, with offices located at 3003 Oak Road, Suite 100, Walnut Creek, CA 94597, (“Consultant”), (together referred to as the “Parties”) as of April 11, 2022 (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work and Schedule attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 31, 2023 and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 33 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 2 of 31 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed FiftySeven Thousand Dollars ($57,000) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 34 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 3 of 31 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 35 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 4 of 31 services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.

Personal Automobile Liability
$1,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 36 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 5 of 31 is acceptable for individual
contractors with no
transportation or hauling
related activities
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.

C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 37 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 6 of 31 d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 38 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 7 of 31 c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 39 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 8 of 31 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 40 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 9 of 31

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 41 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 10 of 31

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 42 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 11 of 31

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

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.

Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Marilou Ayupan ("Contract Administrator"). All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.

Marilou Ayupan, P.E.

Public Works Director
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 43 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 12 of 31

10.10 Notices. Any written notice to Consultant shall be sent to:

Christopher Thnay, PE, AICP
Senior Principal
Advanced Mobility Group
3003 Oak Road, Suite 100
Walnut Creek, CA 94597
[email protected]
All other written notices to City shall be sent to:

Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.

Union City, CA 94587 Union City, CA 94587

10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Work and Schedule
Exhibit B Fee Proposal and Rate Schedule
Exhibit C Public Works Requirements

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

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 44 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 13 of 31 The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY ADVANCED MOBILITY GROUP
____________________________ ______________________________

JOAN MALLOY, CITY MANAGER CHRISTOPHER THNAY, PE, PRINCIPAL ATTEST:
___________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
3695229.2
Version 3.2.21
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 45 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 14 of 31

EXHIBIT A

SCOPE OF WORK

FRAMEWORK
AMG understands that the City desires to enhance the
safety of its roadway system through development of a
plan that will identify these improvements, in accordance with State and Federal requirements, from the preparation of the initial project report to the preparation of the final plan.

Typically, key steps would include: 1) Identify high need areas and stakeholder priorities and establish LRSP vision and goals; 2) Review potential solutions and
countermeasures and review draft LRSP; 3) Prioritize
implementation; and 4) Review and comment on Final
LRSP
This approach will include the evaluation of historical collisions, identification of potential roadway hazard
concerns, recommendations for safety improvements,
public outreach and recommend solutions for addressing
roadway safety needs in conformance with City and State requirements.

The State’s project delivery process is shown in Exhibit 1.

The proposed AMG staff have completed numerous
projects with Caltrans from Project Initiation to Project Close-out. Our proposed staff (Joy, Vasavi and I) have all worked for or with public agencies for many years to
deliver projects following this Caltrans process. Proposed staff have hands on experience reviewing locations with safety concerns to develop effective near, mid, and longterm countermeasures to address these areas/issues. AMG has demonstrated superior in-house design capability to produce conceptual design, PS&E, and construction ready plans. Our staff have assisted several agencies with
successful grant applications and leveraging funding for projects which were followed by designing and finally
administering construction to close out of projects.

For example, AMG has assisted on many successful HSIP Applications and assisted in successful grants of $1.9 million for Rancho Cordova and $10 million for the City of Oakland.

Exhibit 1: Caltrans Project Delivery Process
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 46 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 15 of 31

LRSP DEVELOPMENT PROCESS
It is a Federal mandate that each State adopts a
data-driven and comprehensive Strategic
Highway Safety Plan (SHSP) that defines goals,
objectives, and strategies to reduce fatalities and
serious injuries on all public roads.

In California, Caltrans includes local and rural
roads as safety emphasis areas through the SHSP.

This makes strategic sense as nearly 80 percent of
all public roads are operated by local or rural
governments and approximately 56 percent of all
fatalities occur on these roads.

Adoption of a LRSP is seen as a means for
providing local agency with an opportunity to
address unique highway safety needs in their
jurisdictions while contributing to the success of
the SHSP. The process of preparing an LRSP
creates a framework to systematically identify
and analyze safety problems and recommend
safety improvements.

Preparing an LRSP facilitates the development of
local agency partnerships and collaboration,
resulting in a prioritized list of improvements and
actions that can demonstrate a defined need and
contribute to the statewide plan. Succinctly, the
LRSP offers a proactive approach to addressing
safety needs and demonstrates agency
responsiveness to safety challenges.

Specifically, AMG understand that the City
desires to create a documented traffic safety plan
to capitalize on all safety components that an
LRSP can provide. AMG will focus on identifying
opportunities to improve traffic safety on
roadways within the city using comprehensive
solutions based on 7-E approach (engineering,
encouragement, enforcement, education,
evaluation, equity, and enforcement).

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 47 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 16 of 31

SCOPE OF WORK
Task 1: Project Initiation and Management
The key purpose of effective project management is to ensure project goals are met, schedules are on track, and the City is regularly updated on status.

A kickoff meeting and subsequent monthly meetings will be conducted to maintain regular and consistent communication on upcoming tasks, identifying and potential risks and challenges to success. AMG will provide draft and final meeting agendas and minutes for the project meetings.

Quality Control will play a major role in the successful completion of this project, with tasks delivered on time and on budget.

Deliverables – Meeting agendas, schedules, and meeting summaries (within 10 days) Task 2: Establish Working Group and Community Engagement AMG will work with City staff to establish
leadership roles and include appropriate
stakeholders that represents all modes of travel
including community residents, transit agencies,
railroad, business, Law Enforcement, Fire
Service, EMS, School Officials and City staff.

AMG will identify each stakeholder’s potential
contribution and ability to support the LRSP
Working Group to plan, evaluate goals and
strategies and implementation.

Public involvement is a critical component in the
transportation decision-making process,
allowing for meaningful consideration and input
from interested individuals. As daily users of the
transportation system, the public has useful
opinions, insights, and observations to share with
local agencies on the performance and needs of
the transportation system or on specific projects.

Early public engagement on the LRSP has the
potential to helping identify key safety areas and hot spots.

If appropriate, AMG will host one or two public meetings to gather information regarding specific traffic issues and concerns (to determine emphasis areas) from the public as well as share potential countermeasures at key points of the process.

AMG staff will prepare informational materials to help present information and solicit input about areas of concern that need to be further analyzed. All informational materials and activities will include ways DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 48 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 17 of 31 for the public to provide comments on and prioritize the issues of importance to them and topics about which they would like more information. We will gather information regarding specific concerns and traffic related issues. The information gathered will provide traffic information to create a dialogue on what residents considers safety issues on City roadways.

Some informational materials could include:
• Fact Sheet – a simple fact sheet that provides background information about the project and an overview of the LRSP, and highlights of the outreach process. • Presentation – a presentation (e.g., PowerPoint and exhibit boards) to be used during the community workshop designed to present project background information, solicit community input, what has been done to date, and solicit input on identifying areas of concern. • Aerial Roadway Map – provide several aerial strip maps of key roadways. It is an effective way for residents to locate and pin their comments.

Deliverables – Finalize Working Group roster, Communication Plan and materials.

Task 3: Develop Vision, Mission Statement, and Goals
AMG will work with staff to establish Vision and Mission Statement. Working closely with staff, AMG will help establish realistic goals that will support the mission statement.

Having a list of specific goals that define specific and measurable actions would ensure efforts invested in creating a LRSP that would ultimately produce tangible results. AMG will coordinate with City staff to determine several focused LRSP goals which may include:
• Reduce fatal and injury crashes on key roadways in the City
• Incorporate data-driven, and systemic approach to
advance LRSP safety of local City roadways
• Incorporate results from LRSP into normal funding circles of City business operations, such as roadway
infrastructure maintenance and capital improvements
• Develop LRSP safety improvement projects to leverage
funding opportunities
• Create ongoing process and/or procedures for identifying and analyzing high collision locations • Regular educational outreach to schools and key communities to generate on-going safety awareness to achieve a safety-first mindset.
• Generate comprehensive solutions based on 7-E approach for each Emphasis Areas (engineering, encouragement, enforcement, education, evaluation, equity and enforcement).

Deliverables – Develop Vision, Mission Statement, and Goals DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 49 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 18 of 31 Task 4: Data Gathering and Analysis
It is assumed that the goal is to improve transportation safety by reducing the number of incidents and the severity. AMG will create and leverage a data-driven process for identifying hotspot and safety issues of corridors for various modes of travel.

AMG will perform an in-depth analysis of the compiled collision data sets using a systemic approach to identify collision rates, crash trends, causes of fatalities and severe injuries, and investigate how different roadway and facility types affect safety for all modes with special emphasis on bicyclists and pedestrians.

AMG will conduct an exhaustive review of available collision data through the City’s SWITRS collision data, Transportation Injury Mapping System (TIMS), or other information from reliable sources.

For example, a query of the top 10 collision roadways using the most current 5.5-year SWITRS data (1/1/2016 to 6/30/2021) for the City of Union City is shown in Exhibit 2. The top five corridors each have nearly 120 total collisions in the past five years:
• Alvarado - Niles Road
• Whipple Road
• Union City Boulevard
• Dyer Street
• Decoto Road
These preliminary insights based on SWITRS data would be supplemented by review of detailed Collision Diagram and followed by field visit to observe adjacent land uses, roadway designs etc. to zero in key issues. A map that shows the Top 10 High Collisions Intersections are shown in Exhibit 3.

Exhibit 2: Top 10 Collisions Corridors in Union City (2016-2021) DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 50 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 19 of 31 The Primary Collision Factors (PCF) for each of the corridors are shown in Exhibit 4. These are factors which a responding Police person assigned as cause of the collisions. Speed is a major contributing factor for the collisions at all the corridors from a range of 21% to 48%. The next major PCF is Improper Turning with a range of 15% to 29%. These two major PCF would play a major role when AMG evaluate for potential countermeasures.

Deliverables – Memo describing the method, approach, source of existing data collection & roadway user data collected. Include contextual & roadway data, collision analysis and safety issues for emphasis.

Task 5: Identify Emphasis Areas
With the completion of Task 4, we would have a fairly good grasp of top collision locations, roadways and major collision trends and issues. As well as hot spots of pedestrian and bicycle collisions.

While to this point all the information derived has been data driven, it is vitally important to provide a forum to hear from stakeholders and community interest groups their experience of safety issues in the field. Afterall, near collision misses are never recorded in the SWITRS database.

Local citizens and various stakeholder groups will be given the opportunity to identify areas of concern.

They could point out emphasis areas or address concerns. An emphasis area is an area to improve Exhibit 3: Top 10 High Collision Intersections in Union City (2016-2021) DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 51 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 20 of 31 safety through a comprehensive 7-E approach (Engineering, Encouragement, Enforcement, Education, Evaluation, Equity and Enforcement). This is a key process as shown in the Flow Chart in Exhibit 5.

Naturally selection of strategies of an emphasis area should be consistent with trends, Primary Collision Factors, any deficiencies observed in the field, etc. identified during the data analysis stage conducted in Task 4.

Existing Field Conditions and Issues
Once we have completed initial collision data evaluation, AMG will conduct field assessments at several high-crash corridors and locations to identify any potential correlation between roadways or intersection characteristics and predominant types of crashes.

It is very important to conduct this review to understand the inherent safety issues and identify opportunities and constraints for feasible countermeasures. Our team would be particularly sensitive to pedestrian and bike safety near school zones. AMG will focus in on addressing any pedestrian and bicycle safety concerns of operation for all modes of transportation.

AMG will examine the detailed collision reports of those locations to determine causes and appropriate counter measures. Are pedestrians crossing at uncontrolled mid-block locations when available controlled crossings are separated far apart?
Exhibit 4: Primary Collision Factors at Top 10 High Collision Intersections in Union City DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 52 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 21 of 31 AMG understands that the primary objective of LRSP is not to find counter measures for fixing existing safety problems only but to make improvements that will address potential issues inherent in any design or environment.

Deliverables – Development of Emphasis Areas based on data analysis.

Task 6: Identify Strategies
The collaboration of the "7-Es” of Safety are key factors for the successful implementation of any safety program. The cumulative experience of other agencies has shown that when applying only one of these Es without the others would result in less than satisfactory results.

Using proven countermeasures from various sources including FHWA’s Everyday Counts or Crash Reduction Factors (CRF) provided in the Caltrans Local Roadway Safety Manual (LRSM), AMG Team will incorporate most relevant countermeasures and create a prioritized list of locations and low-cost infrastructure improvement countermeasures. This could include modifications to existing facilities, and/or recommendations for new treatment measures. In addition, crash concentrations (system-wide and spot locations) would be used to identify countermeasures with the highest likelihood of addressing crashes.

There are significant advantages to adopt some of the most promising Crash Reduction Factors (CRM) provided in the Caltrans LRSM as adopted countermeasures will potentially score well in future funding applications (such as HSIP and CMAQ). Potential safety mitigation toolbox and crash reduction factors would be summarized in a matrix such as Exhibit 6. The process would be documented in draft for review.

Exhibit 5: Flow Chart for Crash Analysis and Selection of Countermeasures DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 53 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 22 of 31 AMG will work with City staff and
stakeholders to identify these
strategies which could form the basis
for system-wide improvement
strategies.

Identify potential funding sources
for countermeasures
There are several major safety
related grants that are available,
including Highway Safety
Improvement Program (HSIP),
Congestion Mitigation and Air
Quality Improvement (CMAQ),
Section 130, and State and
Community Highway Safety Grant
Program, commonly referred to as
Section 402. AMG will work with City
staff to prepare a list of projects likely
eligible for each type of safety grant
program. AMG will work with City
staff to determine the most
appropriate projects for further
consideration. As indicated
earlier, for certain types of grants
such as HSIP there are significant advantages to adopt countermeasures provided in the Caltrans LRSM (2020) that will potentially score well in future HSIP funding applications. This is an area where AMG has an extensive and perhaps unique experience as we have been very successful in many grant applications for multi-agencies over multiple years.

Deliverables – Potential list of 7-E strategies for emphasis areas; Details of implementation of each of the seven E’s and Estimate of funding or resources to accomplish the goals Task 7: Prioritize and Incorporate Strategies
The prioritization of any opportunity to improve safety of Emphasis Areas would be based on collaborative input from the Working Group.

It is assumed that the emphasis is on implementation of LRSP strategies that addresses unique roadway safety needs, practical approach to addressing safety needs and enable the City to provide streamline responses to safety challenges.

AMG will work with City staff to develop a list of emphasis area and corresponding strategies based on several factors including benefit to cost (B/C) ratio by route and location. Strategies will be recommended based on the emphasis area for types of roads, specific crash characteristics, and highrisk roadway characteristics based on data analysis.

Countermeasures Crash
Type
Collision
Reduction
Factors (CRF)
1 Signalized Intersection
Provide Advanced Dilemma Zone Detection All 40%
Provide protected left turn phase All 30%
Install left-turn lane & add turn phase All 55%
Install emergency vehicle pre-emption systems EV 70%
Modify signal phasing - Leading Ped Interval (LPI) P & B 60% 2 UnSignalized Intersection
Convert to all-way STOP control All 50%
Install splitter-islands on the minor road approaches All 40% Install raised medians / refuge islands (NS.I.) P & B 45% Install pedestrian signal or HAWK P & B 55%
Improve pavement friction (High Friction Surface) All 40% Install Rectangular Rapid Flashing Beacon (RRFB) P & B 35% 3 Roadways
Flatten side slopes and remove guardrail All 40%
Add two-way left-turn lane All 30%
Improve horizontal alignment (flatten curves) All 50%
Improve horizontal and vertical alignments All 60%
Improve pavement friction (High Friction Surface) All 40% Install no-passing line All 45%
Install bike lanes P & B 35%
Install pedestrian median fencing on approaches P & B 35% Install Separated Bike Lanes P & B 45%
Source: Local Roadway Safety - A Manual for California’s local roadway owners, 2020.

Exhibit 6: Safety Mitigation Toolbox
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 54 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 23 of 31 Once a preliminary safety mitigation toolbox matrix such as those shown in Exhibit 6 has been developed, it could be widely distributed to appropriate city agency for planning and engineering projects and policies. For example, the safety mitigation toolbox matrix could be consulted for viable mitigation measures in response to resident complaints, development of Capital Improvement Program (CIP) and grant funding applications.

Typically, due to limited available budget, perhaps one of the City’s goals is to identify low-cost systemic countermeasures that mitigate the City’s primary crash type trends. Emphasis could be place on locations with high Fatality and Serious Injury (F+SI) trends. Generally, this would generate the highest returns for investments.

To effectively prioritized and improve safety with limited funds, AMG recommends grouping of potential countermeasure projects into three categories: Near-Term, Mid-Term, and Long-Term. It is anticipated that Near-Term and Mid-Term projects would be lower cost while Long-Term projects generally needs to be programmed in the City’s CIP projects or candidate for grant funding. AMG has extensive and on-going experience with all the above methods.

There are many safety countermeasures that are not costly but should be regularly evaluated and implemented as appropriate. Some of these common treatments should be a vital part of safety improvement strategies. These treatments could include access management, provision of turn lanes, improving lighting, and providing adequate sight distance. They can also include such treatments as installing larger regulatory and warning signs, and improved maintenance of signing and markings as shown in Exhibit 7.

AMG conducted overview of types of collisions in the based on the City’s 5-year SWITRS data (2016- 2020). It seems like Rear-End and Broadside collisions are the top two types of collisions in the City as Exhibit 7: Common Low-Cost Safety Treatments
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 55 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 24 of 31 shown in Exhibit 8. Typically, high speed, limited visibility or dilemma zone at signalized intersections are among some potential reasons which result in unusually high rear-end collisions.

Injuries from broadside collisions could be quite serious so many agencies work to eliminate circumstances that could contribute to these collisions.

Broadside collisions due to running of red light could result in serious injury or fatality. Or broadside collisions could also be due to permissive left-turn control and others. Some strategies shown in Common Safety Treatments of Exhibit 7 could also be applied.

Deliverables – Potential list of strategies for emphasis areas and corresponding strategies; Benefit and Cost Estimates.

Task 8: Development of the Plan
AMG will prepare a Draft and Final Local Roadway Safety Plan to document the findings of the previous Task 1-7. The draft LRSP would be presented to stakeholders for review. The plan will detail the whole LRSP process as shown in the flow chart in Exhibit 5.

AMG will finalize the LRSP Report based on comments received from stakeholders and City staff. AMG will develop a final report that meets the needs of the City while supporting safety principles and associated data analysis typically required for funding applications.

Exhibit 8: Types of Collisions Based on Union City SWITRS Data (2016-2021) DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 56 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 25 of 31 The LRSP Plan will include strategies for implementation, as well as a methodology for annual review and update the plan every five years after it has been approved. The review could include:
• Track implementation progress of key areas
• Evaluate the effectiveness on an annual basis
• Identify barriers encountered during implementation and potential actions for mitigation • Provide input on anticipated effectiveness of future programs and activities These are measurable shorter-term outcomes that contribute to achieving the overall LRSP plan within established time period. For example, performance measures may be set at specified time intervals measured over the life of the plan such as, “reducing overall pedestrian and bike fatalities each year and an overall reduction of 10 percent within five years.”
By continuing to enhance existing safety policies and expand safety practices across all city agencies the goal is to arrive at the ideal outcome of zero fatalities and serious injuries Deliverables – Draft and Final LRSP report.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 57 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 26 of 31 SCHEDULE Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Bi-Weekly 1 3 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 1 Project Initiation and Management
2 Establish Working Group & Meeting
3 Develop Vision, Mission Statement & Goals
4 Data Gathering & Analysis
5 Identify Emphasis Areas
6 Identify Strategies
7 Prioritize and Incorporate Strategies
8 Development of the Plan
2022-2023
Legend:

M eeting Deliverable
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 58 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 27 of 31

EXHIBIT B

FEE PROPOSAL AND RATE SCHEDULE

FEE PROPOSAL
RATE SCHEDULE Chris T Joy B. Vasavi P Chris H Shruti S. Admin $261 $294 $201 $140 $140 $100
Task 1 Project Initiation and Management
Meetings 12 4 16 $3,687
Management/Coordination 16 16 $4,169
Task 2 Establish Working Group & Meeting
Meetings (1 community & one Council)/Presentation 16 4 20 $4,729 Agenda & Summary Actions/Coordination 8 4 12 $2,644
Task 3 Develop Vision, Mission Statement & Goals
Develop Vision & Mission Statements 4 8 12 $2,161
Develop Safety Goals 6 8 14 $2,683
Task 4 Data Gathering & Analysis
SWITRS, trends, filters etc 5 16 21 $3,541
Rdwy info, Identify patterns, top locations 7 6 12 18 43 $7,228 Task 5 Identify Emphasis Areas
Evaluate key 7E Impact areas 6 2 4 12 $2,711
Identify Emphasis Areas 6 2 4 12 $2,711
Task 6 Identify Strategies
7E strategies for emphasis areas 6 4 10 $2,123
Identify CRM & Systemwide Countermeasures 6 6 12 $2,403 Task 7 Prioritize and Incorporate Strategies
Identify B/C of strategies 6 2 16 24 $4,390
Prioritise short, mid & long term 6 8 14 $2,683
Task 8 Development of the Plan
Review by stakeholders & staff 8 8 $2,085
Finalize documentation of LRSP 12 2 16 11 41 $7,053
Total Hours By Team Member 130 8 6 12 120 11 287
Total $57,000
1/7/2022
City of Union City - Local Roadway Safety Plan
Tasks Totals Hours By Task
Total Cost
By Task
AMG
DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 59 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 28 of 31 DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 60 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 29 of 31

EXHIBIT C

PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.

HOURS OF WORK:

A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.

B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.

C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.

WAGES:

A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.

B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 61 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 30 of 31 is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:

1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.

2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.

3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.

4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.

C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

1. The information contained in the payroll record is true and correct.

2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.

The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.

D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.

E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 62 Tuesday, April 26, 2022
Consulting Services Agreement between
City of Union City and Advanced Mobility Group Page 31 of 31 person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.

DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

DocuSign Envelope ID: C0611AC2-8314-48A9-95A7-3C7F1363C213 City Council/RSA Agenda 63 Tuesday, April 26, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING A $51,300 GRANT FROM THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS), PROGRAM SUPPLEMENT
AGREEMENT NO. 04-5354S21, FOR THE PREPARATION OF A LOCAL ROADWAY SAFETY PLAN (LRSP), CITY PROJECT NO. 21-25; AUTHORIZING A BUDGET TRANSFER OF $5,700 FROM MEASURE BB-ROADS (FUND 2545) TO CAPITAL PROJECTS (FUND 4100) FOR THE CITY’S LOCAL MATCH; AND AMENDING THE FY 2021-2022 CAPITAL PROJECTS BUDGET BY INCREASING REVENUE PROJECTIONS BY $51,300 AND APPROPRIATING $51,300 TO CITY PROJECT NO. 21-25 WHEREAS, the City is eligible to receive federal and/or State funding for local street improvement projects, through the California Department of Transportation; and WHEREAS, on September 28, 2021, the City Council approved Resolution No. 5827-21 authorizing the City Manager to execute Program Supplement Agreements and the Public Works Director or their designee to execute Right of Way Certifications, Utility Relocations and Related Technical Engineering Documents for State and Local Grant funds for Local Street Improvements; and
WHEREAS, a Local Roadway Safety Plan (LRSP) provides a framework for local agencies to identify, analyze, and prioritize safety improvements on local streets and roads; and WHEREAS, an approved Local Roadway Safety Plan is required of local agencies for future funding cycles of Caltrans’ HSIP Program (Highway Safety Improvement Program); and WHEREAS, the City Manager has executed a Consulting Services Agreement with Advance Mobility Group (AMG) of Walnut Creek, CA (C5858), in the amount of $57,000, under the City Manager’s expenditure authority, to prepare the Local Roadway Safety Plan, City Project No. 21-25; and
WHEREAS, staff recommends that the City Council amend the FY 2021-2022 Capital Projects Fund budget by transferring $5,700 from Account Number 2545-3103-33003-54110 (Measure BB-Roads - Professional Services) to Account Number 4100-3199-92125-54110 (Capital Projects Fund - Professional Services), by increasing the revenue projection in Account Number 4100-92125-44171 (Capital Projects Fund – Misc. State Grants) by $51,300 and by appropriating $51,300 to Account Number 4100-3199-92125-54110 (Capital Projects Fund – Professional Services) for the preparation of a Local Roadway Safety Plan, City Project No. 21- 25; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts the $51,300 grant from Caltrans’ Program Supplement Agreement No. 04- 5354S21, and amends the FY 2021-2022 Capital Projects Fund budget as stated above for the preparation of Local Roadway Safety Plan, City Project No. 21-25; and City Council/RSA Agenda 64 Tuesday, April 26, 2022
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes a budget transfer of $5,700 from the Measure BB-Roads Fund to the Capital Projects Fund for the City’s local match.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 65 Tuesday, April 26, 2022
PROGRAM SUPPLEMENT NO. OOOOOOZ01
to

ADMINISTERING AGENCY-STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 04-5354S21
Adv. Project ID
0422000241
Date: December 31, 2021
Location: 04-ALA-O-UNC
Project Number: LRSPL-5354(044)
E.A. Number:

Locode: 5354
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 04-5354S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the ST ATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

PROJECT LOCATION: Union City
TYPE OF WORK: Local Roadway Safety Plan
Estimated Cost State Funds
STATE $51,300.00
$57,000.00

CITY OF UNION CITY
By
Title
Date
Attest
LENGTH: O.O(MILES)
Matching Funds

LOCAL OTHER
$5,700.00

STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge tt.lat budgeted funds are available for this encumbrance:
$0.00
Accounting Officer Date $51,300.00
Program Supplement 04--535-201- SERIAL Page 1 of3
12/20/21
Anna Brown, City Clerk Joan Malloy, City Manager
DocuSign Envelope ID: 22FC281F-9C94-4D23-A42A-49BF3765C1E7 1/10/2022
2/28/2022
2/28/22
City Council/RSA Agenda 66 Tuesday, April 26, 2022

SPECIAL COVENANTS OR REMARKS
04-ALA-0-UNC
LRSPL-5354(044)

1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds.

2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.

Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.

ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.

3. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

4. This PROJECT is funded with State-Only funding from the Local Roadway Safety Plan (LRSP) Program. ADMINISTERING AGENCY agrees to develop an LRSP under this PROJECT.

The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA).

This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which the LRSP State funds are allocated. The effective State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to start reimbursable work.

Any work performed prior the effective allocation date is not eligible for reimbursement from the LRSP funds.

Program Supplement 04--535-Z01- SERIAL Page 2 of 3
DocuSign Envelope ID: 22FC281F-9C94-4D23-A42A-49BF3765C1E7 City Council/RSA Agenda 67 Tuesday, April 26, 2022

SPECIAL COVENANTS OR REMARKS
04-ALA-0-UNC
LRSPL-5354(044)
ADMINISTERING AGENCY agrees that LRSP funds available for reimbursement will be limited to the amount allocated and encumbered by the STATE consistent with the scope of work in the STATE approved application. Funds encumbered may not be used for a modified scope of work after a project is awarded unless approved by the Statewide LRSP Coordinator prior to performing work.

ADMINISTERING AGENCY agrees to the program delivery and reporting requirements. The study and the LRSP must be completed within thirty-six (36) months of the funding allocation.

The Final Report of Expenditure, the final invoice and the LRSP report must be submitted to the DLAE within six (6) months of the report completion.

Program Supplement 04--535-Z01- SERIAL Page 3 of 3
DocuSign Envelope ID: 22FC281F-9C94-4D23-A42A-49BF3765C1E7 City Council/RSA Agenda 68 Tuesday, April 26, 2022
City Council/RSA Agenda 69 Tuesday, April 26, 2022
City Council/RSA Agenda 70 Tuesday, April 26, 2022

 




    

    
 








 


 


   
    



  

 

   





  

 




 
  



 

 










     
 

 



 


 



L
 

   









 !


" #   $
#%
!

%
" $


$
!  

&

!  
'()'*)('((
"  +
$

,
 


 

 



     -

 
 $ .
  $
/0 



    $  

   $
    


$
#  
 1  
23' 4 *( 4 533
6 78 9 :;; < ;; 6 7 9 =;; < ;;
>?@?ABCD@B
  
 

"  
$ ''  ''E
'F 4  4 ' 4 & !
6 7= 9 ;;; < ;;
G@H? I DC>?
6 7= 9 ;;; < ;;
?C?@BDC>?CJ
KCHL
JMN@NDAM?AO>

 

$ P QR S TUU I UU P Q S VUU I UU P QV S UUU I UU
;WXX;;;XW8X;8;X
6 78 9 :;; < ;;8YX;
Z[[\]^_`^a`^b\cdZ_`\^
efg < hijklmnof
ehhijh <
pqon rlfstnenl
lqmpuvieqml
eujpqn
ehhijh
wlei
lxhlqfonpil
eujpqn
ilglitojq
fenly
zith
z { 77:W | ;WW} {

P QV S UUU I UU
tnenlhij~ <
X;:;;8;777
lqmpuvieqml
vezeqml
6 78 9 :;; < ;;
GHCH@?@CH
BOG>O
@GGHC€A
@OCN?
A‚GMH@?MCN
@?A
!

   1
 + 
 
6 ; < ;;;ƒs:;sX7
 
„ 


#   $
   
„ 
  $ 'F(('''(F
". 4 232F
'FF† 
„ 

$
#
"‡


" .
"


$
ˆ 

   



 
  
    #

 


    


 


 




   ‰ 
 3'   


    

    

 
 

 

  

 





.!
 4
 




  
 
City Council/RSA Agenda 71 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE AWARD OF A

CONSTRUCTION CONTRACT TO GUERRA CONSTRUCTION GROUP, IN
THE AMOUNT OF $1,014,111, AND APPROVING THE ALLOCATION OF $556,130 OF FY 2022-2023 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR

THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPPROVEMENT PROJECT, CITY PROJECT NO. 21-13; AND ADOPTA RESOLUTION ACCEPTING $222,820 OF

PER CAPITA GRANT FUNDS FROM THE STATE OF CALIFORNIA, DEPARTMENT

OF PARKS AND RECREATION
Staff recommends that the City Council adopt two resolutions. One resolution will authorize the award of a construction contract to Guerra Construction Group of Santa Clara, California, in the amount of $1,014,111 and will approve the allocation of $556,130 of FY 2022-2023 Community Development Block Grant (CDBG) Funds (Fund 2310) for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, for a total project budget of $1,437,274. The second resolution willaccept $222,820 of Per Capita Grant Funds, awarded to the City on March 2, 2022, by the State of California Parks and Recreation Department. These Per Capita Grant Funds willalso be used for this project.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s capital improvement plan.

BACKGROUND
On May 11, 2021, under Resolution No. 5755-21, the City Council approved the 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan and authorized the submittal of the 2021-2022 CDBG Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) and to execute all documents and certifications necessary to secure and award funding for the City. Approximately $347,488 of CDBG grant funds (Fund 2310) were programmed for the Old Alvarado/Cesar Chavez Parks Improvement City Council/RSA Agenda 72 Tuesday, April 26, 2022
Project, City Project No. 21-13. The City was later notified by HUD that additional CDBG funds were available for FY 2021-2022, in the amount of $8,656, and those funds were allocated to this project as well, for total available CDBG funding of $356,144.

On June 22, 2021, under Resolution No. 5788-21, the City Council approved an application for Per Capita Grant Funds for park improvements. The City’s successful application resulted in two grant awards – one for $177,952 and one for $44,868, totaling $222,820 in grant funds from State Park Proposition 68 (City Fund 2550 - Special Parks Fund). These grant funds have also been programmed for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13. At the same meeting, under Resolution No. 5789-21, the City Council authorized the City Manager to execute a Consulting Services Agreement with Gates + Associates, in an amount not to exceed $140,000, to provide design services for the Old Alvarado/Cesar Chavez Parks Improvement Project using CDBG funding (Fund 2310).

On March 22, 2022, the City Council adopted Resolution No. 5909-22 authorizing the pre-purchasing of two (2) playground structures and two (2) shade structures, in the amount of $219,000, to meet the expenditure deadline of the CDBG grant. The pre-purchased play equipment will be supplied to the Contractor and then installed during the construction phase.

DISCUSSION
On March 15, 2022, plans and specifications for the project were released and advertised for bids. Five (5) bids were received but one (1) was submitted late and deemed nonresponsive by city staff. All five (5) bids were opened on April 13, 2022 as noted on Exhibit A, Bid Summary. The lowest responsive and responsible base bid submitted was $1,014,111, by Guerra Construction Group, of Santa Clara, California.

The low bid is approximately 16% higher than the engineer’s construction base bid estimate. This increase may be related to the rise in inflation, labor & equipment costs, supply chain issues and global uncertainty. Staff believes that the bids received were competitive since all bids were mostly in the same $1.1 million dollar range.

The total project cost has increased to $1,437,274 including design, pre-purchased equipment, recent contractor’s low bid and contingency, creating a total budget shortfall of about $556,130. Staff recommends allocating $556,130 of the estimated FY 2022-2023 CDBG Allocation (currently estimated to be $596,067) to backfill the budget shortfalland allow the project to proceed to the construction phase and meet the required CDBG grant expenditure deadlines for both FY 2021-2022 and FY 2022-2023.

Following the standard practice of allocating a contingency amount to address any unforeseen conditions that may require additional work, the Public Works Department recommends about 4% construction contingency to ensure a successful project. Also about 3% of the construction cost is recommended to be set aside for design support during construction. The totalestimated cost for the Construction Phase is as follows:

Construction Contract $1,014,111
Contingency (4%) 43,607
Design Support (3%) 25,556
Total Construction Cost $ 1,083,274
Guerra Construction Group has not performed work for Union City within the last five (5) years. Reference checks found their most recent work to be satisfactory. Public Works staff therefore recommends the award of the construction contract to Guerra Construction Group.

City Council/RSA Agenda 73 Tuesday, April 26, 2022

FISCAL IMPACT
The total project cost is $1,437,274 and will be funded as shown in the chart below:

Funding Source
2021-
2022
CDBG
Funds
Special
Parks
Fund
Prop 68
Grant
Funds
Prop 68
City
Match
2022-
2023
CDBG
Funds
Total
Project
Budget
Account Number
(2310-
3199-
99999-
54111)
(2550-
3199-
92113-
54111)
(2550-
3199-
92113-
54111)
(2550-
3199-
92113-
54111)
(2310-
3199-
99999-
54111)
Design Support Contingency 135,000 135,000
Park Equipment 219,000 219,000
Construction Contract 2,144 250,000 222,820 52,180 486,967 1,014,111 Construction Contingency 43,607 43,607
Design Support Contingency 25,556 25,556
Totals 356,144 250,000 222,820 52,180 556,130 1,437,274 Just under 40% of this project’s total project costs are to be funded with the City’s 2022-2023 CDBG allocation.

Those funds have not yet been confirmed by the U.S. Department of Housing and Urban Development (HUD) or budgeted by the City Council. Therefore, should those CDBG funds not become available, which is highly unlikely, staff has an alternative funding source available which would be the City’s Special Parks Funds (Fund 2550) and staff would return to the City Council to request an appropriation of funds from that alternative funding source.

RECOMMENDATION
Staff recommends that the City Counciladopt two resolutions:

1. Authorizing the Award of a Construction Contract to Guerra Construction Group, in the amount of $1,014,111, and approving the allocation of $556,130 of FY 2022-2023 Community Development Block Grant (CDBG) Funds for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.

2. Accepting $222,820 of Park Bonds Per Capita Grant Funds awarded to the City by the State of California, Department of Parks and Recreation.

Prepared by:

Trieu Tran, Civil Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution -Award Old Alvarado Resolution
Exhibit A - Bid Summary Exhibit
Resolution -Accept Prop 68 Grant Resolution
City Council/RSA Agenda 74 Tuesday, April 26, 2022
Exhibit A - Per Capita Grant $178K Exhibit
Exhibit B- Per Capita Grant $45k Exhibit
City Council/RSA Agenda 75 Tuesday, April 26, 2022
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO GUERRA CONSTRUCTION GROUP, IN THE AMOUNT OF $1,014,111, AND APPROVING THE ALLOCATION OF $556,130 OF FY 2022-2023 COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) FUNDS FOR THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13
WHEREAS, on May 11, 2021, under Resolution No. 5755-21, the City Council approved the 2021-2022 Community Development Block Grant (CDBG) Annual Action Plan and authorized the submittal of the 2021-2022 CDBG Action Plan to the U.S. Department of Housing and Urban Development (HUD) and to execute all documents and certifications necessary to secure and award funding for the City. Approximately $347,488 of CDBG grant funds were programmed for Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13; and WHEREAS, the City was later notified by HUD that additional CDBG funds were available for FY 2021-2022, in the amount of $8,656, and those funds were allocated to this project as well, for total available 2021-2022 CDBG funding of $356,144; and WHEREAS, on June 22, 2021, under Resolution No. 5788-21, the City Council approved an application for Per Capita Grant Funds for park improvements. The final award of State Park Prop 68 Per Capita Grant Funds was $222,820 and those funds have been programmed for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13; and WHEREAS, at the same meeting under Resolution No. 5789-21, the City Council authorized the City Manager to execute a Consulting Services Agreement with Gates + Associates, in an amount not to exceed $140,000, to provide design services for the Old Alvarado/Cesar Chavez Parks Improvement Project using CDBG funding (Fund 2310); and WHEREAS, on February 8, 2022, under a City Manager’s Report, City staff presented the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, which included improved ADA pathways, new playground equipment and surfacing, improved picnic areas, and a redesigned recreation play area; and
WHEREAS, a funding requirement for the FY 2021-2022 and FY 2022-2023 CDBG funds is:
“The CDBG entitlement program rule for timeliness is that 60 days prior to the end of the program year, a grantee cannot have more than 1.5 times its annual allocation sitting in its line of credit at the U.S. Treasury.” The Old Alvarado/Cesar Chavez Parks Improvement Project constitutes approximately 41% of the City's CDBG allocation for the 2021-2022. If the funding is not spent by May 1, 2022, the City runs the risk of having Department of Housing & Urban Development withhold future grants due to the City having more than 1.5 times its grant in its line of credit;” and
City Council/RSA Agenda 76 Tuesday, April 26, 2022
WHEREAS, on March 22, 2022, the City Council adopted Resolution No. 5909-22 to authorize the pre-purchasing of park equipment to be installed as part of the construction project.

The total cost of the pre-purchased equipment was $219,000; and WHEREAS, on April 13, 2022, the City received five (5) bids for the proposed work, with one (1) being submitted late, therefore Star Construction’s bid was deemed nonresponsive. Guerra Construction Group of Santa Clara was deemed the lowest responsive and responsible bidder with a low bid totaling $1,014,111; and
WHEREAS, a review of the firm’s qualifications finds Guerra Construction Group to be an experienced and appropriately licensed contractor and staff finds that it is in the City’s best interest and recommends that the City Council award the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, to Guerra Construction Group, in the amount of $1,014,111; and
WHEREAS, the low bid is approximately 16% above the Engineer’s Estimate and is likely due to inflation, lack of readily available materials and labor and global uncertainty and re-bidding the construction contract will not guarantee a lower bid; and WHEREAS, the total project cost has increased to $1,437,274 including design, prepurchased equipment, recent constructor’s low bid and contingency, creating a total budget shortfall of about $556,1304. Staff recommends allocating $556,130 of the estimated FY 2022- 2023 CBDG Allocation (currently estimated to be $596,067) to backfill the budget shortfall and allow the project to proceed to the construction phase and meet the required CDBG grant expenditure deadlines for both FY 2021-2022 and FY 2022-2023; and WHEREAS, just under 40% of this project’s total project costs are to be funded with the City’s 2022-2023 CDBG allocation. Those funds have not yet been confirmed by the U.S.

Department of Housing and Urban Development (HUD) or budgeted by the City Council.

Therefore, should those CDBG funds not become available, which is highly unlikely, staff has an alternative funding source available which would be the City’s Special Parks Funds (Fund 2550) and staff would return to the City Council to request an appropriation of funds from that alternative funding source.

WHEREAS, in addition to the contract award, staff also recommends allocating $69,163 for construction contingency and design support, totaling $1,083,274 for all construction-related costs; and
WHEREAS, Special Parks funds (Fund 2550), in the amount of $250,000, Special Parks – Prop 68 Per Capita Grant funds (Fund 2550), in the amount of $222,820, the City’s match of $52,180 (Fund 2550), and the remaining fund balance of the 2021-2022 CBDG funds (Fund 2310), in the amount of $2,144, total $527,144 will fund the remaining cost of the construction phase; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the construction budget, with contingencies and construction support, in City Council/RSA Agenda 77 Tuesday, April 26, 2022
the total amount of $1,083,274 for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby awards the construction contract for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13 to Guerra Construction Group of Santa Clara, CA, in the amount of $1,014,111.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves the allocation of $556,130 of FY 2022-2023 CBDG Funds for the Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13, to fund the project budget shortfall and to meet the required funding deadline.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of April 2022, by the following vote:

City Council/RSA Agenda 78 Tuesday, April 26, 2022

CITY OF UNION CITY

BID SUMMARY
PROJECT: Old Alvarado/Cesar Chavez Parks Improvement Project City Project No. 21-13
Project Manager: Trieu Tran
DATE: April 13, 2022
TIME: 2:00 p.m.

LOCATION: City Council Chambers
No BIDDERS BID AMOUNT
*CORRECTED

BID AMOUNT

1. Redgwick Construction Co $1,180,167.00 $1,180,167.00

2. Guerra Construction Group $1,014,111.00 1,014,111.00

3. Azul Works, Inc $1,053,104.00 $1,053,104.00

4. Mark Lee & Yong Kay, Inc DBA Bay
Construction Co. $1,097,065.75 $1,097,065.75

5. Star Construction, Inc $925,156.00 Non-responsive

6. 7.

8. 9.

I, Anna M. Brown, City Clerk of the City of Union City, do hereby certify that on April 13, 2022 I received and opened _5_ bids for the above-mentioned project. * Note: All bid amounts will be verified by the Engineer. Any corrections will be shown in the column above.

Anna M. Brown
City Clerk
City Council/RSA Agenda 79 Tuesday, April 26, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $222,820 OF PER CAPITA GRANT FUNDS FROM THE STATE OF

CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, FOR

THE OLD ALVARADO/CESAR CHAVEZ PARKS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-13
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and WHEREAS, the City is eligible to receive State grant funds for local park improvement projects, through the Department of Parks and Recreation; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, on June 22, 2021, the City Council approved Resolution No. 5788-21 approving an application for the Per Capita Grant Funds for park improvement projects; and WHEREAS, on March 28, 2022, Union City received a first executed Grant Contract, 2018 Parks Bond Act Per Capita Grant Program from the State of California-Natural Resources Agency, Department of Parks and Recreation, in the amount of $177,952, for park improvement projects; and
WHEREAS, on March 28, 2022, Union City received a second executed Grant Contract, 2018 Parks Bond Act Per Capita Grant Program from the State of California-Natural Resources Agency, Department of Parks and Recreation, in the amount of $44,868, for park improvement projects; and
WHEREAS, the City of Union City identified the programming of these Per Capita Grant funds to the Old Alvarado Park/Cesar Chavez Parks Improvement Project in the approved FY 2021-2022 & FY 2022-2023 Two Year Biennial Budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby:

1. Accepts the first Grant Contract, 2018 Parks Bond Act Per Capita Grant Program from the State of California-Natural Resources Agency, Department of Parks and Recreation, in the amount of $177,952.

2. Accepts the second Grant Contract, 2018 Parks Bond Act Per Capita Grant Program from the State of California-Natural Resources Agency, Department of Parks and Recreation, in the amount of $ 44,868.

City Council/RSA Agenda 80 Tuesday, April 26, 2022
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the appropriation of combined amount of $222,820 of 2018 Park Bond Act Per Capita Grant Program to Old Alvarado/Cesar Chavez Park Improvements, City Project No. 21-23.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of April 2022, by the following vote:

City Council/RSA Agenda 81 Tuesday, April 26, 2022
State of California  Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896  Sacramento, CA 94296-0001
(916) 653-7423
March 28, 2022
Trieu Tran
Civil Engineer II
City of Union City
34009 Alvarado Niles Rd
Union City, CA 94587
Re: 2018 Parks Bond Act Per Capita
Contract Number: C9801136
Dear Trieu Tran:

Enclosed for your files is a copy of a fully executed contract for the above referenced program. Please refer to your procedural guide for grant process information. As a reminder, your project must comply with the Americans with Disabilities Act of 1990 and any other laws and codes relating to individuals with disabilities.

If you have any questions, please contact me at (916) 860-4970 or email me at [email protected].

Sincerely,
Erin Spencer
Project Officer
Enclosure(s)
City Council/RSA Agenda 82 Tuesday, April 26, 2022
18-01-018
City Manager
Joan Malloy
DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 3/28/2022
City Council/RSA Agenda 83 Tuesday, April 26, 2022
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Union City (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$177,952___, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 84 Tuesday, April 26, 2022
2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 85 Tuesday, April 26, 2022
3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 86 Tuesday, April 26, 2022
4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 87 Tuesday, April 26, 2022
5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 88 Tuesday, April 26, 2022
6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 89 Tuesday, April 26, 2022
7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

III. Special Provisions
A. The grantee shall inform OGALS in writing prior to the current lease December 31, 2027 end date once the lease amendment process has commenced, and B. The grantee shall provide OGALS with a copy of the final extended lease agreement between the grantee and the California State Lands Commission within fifteen (15) business days following execution of the extended lease that provides for the remainder of the land tenure period until June 30, 2048. _City of Union City____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
City Manager Joan Malloy
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 90 Tuesday, April 26, 2022
8 Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E 3/10/2022
DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 3/28/2022
City Council/RSA Agenda 91 Tuesday, April 26, 2022
State of California  Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896  Sacramento, CA 94296-0001
(916) 653-7423
March 28, 2022
Trieu Tran
Civil Engineer II
City of Union City
34009 Alvarado Niles Rd
Union City, CA 94587
Re: 2018 Parks Bond Act Per Capita
Contract Number: C9802011
Dear Trieu Tran:

Enclosed for your files is a copy of a fully executed contract for the above referenced program. Please refer to your procedural guide for grant process information. As a reminder, your project must comply with the Americans with Disabilities Act of 1990 and any other laws and codes relating to individuals with disabilities.

If you have any questions, please contact me at (916) 860-4970 or email me at [email protected].

Sincerely,
Erin Spencer
Project Officer
Enclosure(s)
City Council/RSA Agenda 92 Tuesday, April 26, 2022
18-01-019
Joan Malloy
DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 3/28/2022
City Council/RSA Agenda 93 Tuesday, April 26, 2022
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Union City (hereinafter referred to as “GRANTEE”).

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$44,868___, subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number – 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.

4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program.” The DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 94 Tuesday, April 26, 2022
2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 95 Tuesday, April 26, 2022
3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 96 Tuesday, April 26, 2022
4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 97 Tuesday, April 26, 2022
5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to enforce performance under the Grant CONTRACT.

DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 98 Tuesday, April 26, 2022
6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 99 Tuesday, April 26, 2022
7 Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

III. Special Provisions
A. The grantee shall inform OGALS in writing prior to the current lease December 31, 2027 end date once the lease amendment process has commenced, and B. The grantee shall provide OGALS with a copy of the final extended lease agreement between the grantee and the California State Lands Commission within fifteen (15) business days following execution of the extended lease that provides for the remainder of the land tenure period until June 30, 2048. _City of Union City____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
City Manager Joan Malloy
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 City Council/RSA Agenda 100 Tuesday, April 26, 2022
8 Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
DocuSign Envelope ID: 27A78A17-7F83-44D0-B74C-9E6F6291D39E 3/10/2022
DocuSign Envelope ID: 1965F964-48D1-4B03-AA77-0C9DA1947C93 3/28/2022
City Council/RSA Agenda 101 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Kristopher J. Kokotaylo, CityAttorney
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITYOF UNION CITY

CONFIRMING THE CONTINUED EXISTENCE OF A LOCAL
EMERGENCY DUE TO COVID-19
The City Council ratified a proclamation of localemergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Councilconfirmed the continued existence of the localemergency due to the COVID-19 pandemic in accordance with state law on May 12, 2020, June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2021, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, and January 11, 2022, and March 8, 2022. City staff and the City Attorney recommend that the City Councilconform the continued existence of the local emergency.

STRATEGIC PLAN ALIGNMENT
This item is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.

BACKGROUND
On March 16, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency pursuant to California Government Code Section 8630 and Union City Municipal Code Chapter

2.28. The emergency declaration was based on conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of novelcoronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Counciladopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.

On May 12, 2020, the City Counciladopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. Subsequently, on June 23, 2020, August 11, 2020, September 22, 2020, November 10, 2020, December 22, 2020, February 9, 2021, March 23, 2021, May 11, 2021, June 22, 2021, August 10, 2021, September 28, 2021, November 23, 2021, January 11, 2022, and March 8, 2022 the City Counciladopted resolutions confirming the continued existence of the localemergency.

City Council/RSA Agenda 102 Tuesday, April 26, 2022

DISCUSSION
Pursuant to Government Code Section 8630, the City Council must review and confirm the continued existence of a localemergency at least once every sixty (60) days. This Resolution comes to the City Council prior to the expiration of sixty (60) days from the previous confirmation of localemergency to ensure there is no interruption in the declaration of the continued localemergency.

The conditions that prompted the original declaration of a localemergency persist and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted. Community transmission of COVID-19 continues to occur, and the number of cases within Alameda County is still high.

There are now 261,204 cases within the County, and 1,865 deaths (as of April 21, 2022). The spread of COVID-19 continues as a result of the highly contagious Delta and Omicron variants of the virus. While the Alameda County Health Officer shelter in place order requiring that all residents shelter at home has been rescinded, public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist.

Declaring a state of emergency provides local governments with the power necessary to coordinate and implement plans aimed at protecting the community and property during a disaster. For example, a declaration of emergency is often necessary to secure mutual disaster aid from local, state and federalagencies. A declaration of emergency also permits the Director of Emergency Services to promulgate orders and regulations necessary for the protection of life and property, such as imposing a curfew and ordering use of facilities for governmental purposes. Additionally, declaring a state of emergency ensures that the local government and its officials and employees are immune from liability when exercising their official duties during an emergency.

If adopted, the declaration of emergency willcontinue to remain in place until the emergency conditions have ended. However, the City Council will be required to continue to review the declaration at least every 60 days.

FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution confirming the continued existence of a local emergency due to COVID-19.

Prepared by:

Shandyn Pierce, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Emergency COVIDResolution April 2022 Resolution
City Council/RSA Agenda 103 Tuesday, April 26, 2022
1 CITY OF UNION CITY

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

CONFIRMING THE CONTINUED EXISTENCE OFA LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Government Code Section 8630 and Union City Municipal Code Section

2.28.060 authorize the Director of Emergency Services to proclaim a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist if the City Council is not in session and provides that the City Council shall ratify the proclamation within seven days thereafter; and WHEREAS, in accordance with Government Code Section 8630 and Union City Municipal Code Section 2.28.060, the Director of Emergency Services proclaimed the existence of a local emergency caused by the Novel Coronavirus (COVID-19), a respiratory disease first identified in China that may result in serious illness or death that is easily transmissible from person to person, on March 16, 2020; and WHEREAS, on March 16, 2020, the City Council ratified and confirmed the proclamation of the existence of a local emergency issued by the Director of Emergency Services; and
WHEREAS, on May 12, 2020, the City Council adopted Resolution No. 5595-20 confirming the continued existence of the local emergency; and WHEREAS, on June 23, 2020 the City Council adopted Resolution No. 5618-20 confirming the continued existence of the local emergency; and WHEREAS, on August 11, 2020 the City Council adopted Resolution No. 5642-20 confirming the continued existence of the local emergency; and WHEREAS, on September 22, 2020 the City Council adopted Resolution No. 5656- 20 confirming the continued existence of the local emergency; and WHEREAS, on November 10, 2020 the City Council adopted Resolution No. 5684- 20 confirming the continued existence of the local emergency; and WHEREAS, on December 22, 2020 the City Council adopted Resolution No. 5700- 20 confirming the continued existence of the local emergency; and WHEREAS, on February 9, 2021 the City Council adopted Resolution No. 5710-21 confirming the continued existence of the local emergency; and WHEREAS, on March 23, 2021 the City Council adopted Resolution No. 5731-21 confirming the continued existence of the local emergency; and City Council/RSA Agenda 104 Tuesday, April 26, 2022
2 WHEREAS, on May 11, 2021 the City Council adopted Resolution No. 5752-21 confirming the continued existence of the local emergency; and WHEREAS, on June 22, 2021 the City Council adopted Resolution No. 5785-21 confirming the continued existence of the local emergency; and WHEREAS, on August 10, 2021 the City Council adopted Resolution No. 5817-21 confirming the continued existence of the local emergency; and WHEREAS, on September 28, 2021 the City Council adopted Resolution No. 5829- 21 confirming the continued existence of the local emergency; and WHEREAS, on November 23, 2021 the City Council adopted Resolution No. 5857- 21 confirming the continued existence of the local emergency; and WHEREAS, on January 11, 2022 the City Council adopted Resolution No. 5881-22 confirming the continued existence of the local emergency; and WHEREAS, on March 8, 2022 the City Council adopted Resolution No. 5904-22 confirming the continued existence of the local emergency; and WHEREAS, pursuant to Government Code Section 8630 the City Council must periodically review the need for continuing the local emergency; and WHEREAS, pursuant to Government Code Section 8630, the City Council must review the need for continuing the local emergency at least every sixty (60) days; and WHEREAS, the conditions that prompted the original declaration of a local emergency continue to exist; and
WHEREAS, the recitals contained in Resolution No. 5572-20, adopted by the City Council on March 16, 2020, the recitals contained in Resolution No. 5595-20 adopted by the City Council on May 12, 2020, the recitals contained in Resolution No. 5618-20 adopted by the City Council on June 23, 2020, the recitals contained in Resolution No. 5642-20 adopted by the City Council on August 11, 2020, the recitals contained in Resolution No. 5656-20 adopted by the City Council on September 22, 2020, the recitals contained in Resolution No. 5684-20 adopted by the City Council on November 10, 2020, the recitals contained in Resolution No. 5700-20 adopted by the City Council on December 22, 2020, the recitals contained in Resolution No. 5700-20adopted by the City Council on February 9, 2021, and the recitals contained in Resolution No. 5710-21 adopted by the City Council on March 23, 2021 and the recitals contained in Resolution No. 5752- 21 adopted by the City Council on May 11 2021, and the recitals contained in Resolution No. 5785-21 adopted by the City Council on June 22, 2021, and the recitals contained in Resolution No. 5817-21 adopted by the City Council on August 10, 2021, and the recitals contained in City Council/RSA Agenda 105 Tuesday, April 26, 2022
3 Resolution No. 5829-21 adopted by the City Council on September 28, 2021, and the recitals contained in Resolution No. 5857-21 adopted by the City Council on November 23, 2021 and the recitals contained in Resolution No. 5881-22 adopted by the City Council on January 11, 2022, and the recitals contained in Resolution No. 5904-22 adopted by the City Council on March 8, 2022 are incorporated into this Resolution as if stated herein; and WHEREAS, community transmission of COVID-19 has continued to occur and health officials are still learning more information regarding the nature of COVID-19 and how it is transmitted; and
WHEREAS, the number of cases within Alameda County has continued to rise, and as of April 21, 2022, there are now over 261,204 confirmed cases of COVID-19 within the County, and 1,865 deaths; and
WHEREAS, since the initial declaration of a local emergency on March 16, 2020 the highly contagious Delta and Omicron variants, as well as Omicron sub-variants, have emerged and resulted in COVID-19 infections; and
WHEREAS, the public health and safety concerns for persons and property within the City as a consequence of the global spread of COVID-19 continue to exist; and WHEREAS, the health, safety, and welfare of Union City residents, businesses, visitors, and staff is of utmost importance to the City and additional future measures may be needed to protect the community; and
WHEREAS, the City may require additional assistance in the future, and a formal declaration of emergency allows the City to access resources in a timely manner in a timely fashion; and
WHEREAS, the City Council finds that conditions of extreme peril to the safety of persons and property within the territorial limits of the City related to COVID-19 pandemic continue in existence; and
WHEREAS, the City Council finds that extraordinary measures are required to protect the public health, safety, and of persons and property within the City that are or are likely to be beyond the control or capability of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Council desires to confirm the continued existence of a local emergency within Union City due to COVID-19.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Union City hereby declares as follows:

1. The local emergency declared by Resolution No. 5572-20 due to the COVID-19 pandemic continues to exist within the City of Union City.

City Council/RSA Agenda 106 Tuesday, April 26, 2022
4 2. During the existence of the declared local emergency, the powers, functions, and duties of the City Manager, acting as Director of Emergency Services, and the emergency organization of this City shall be those prescribed by State law and by ordinances and resolutions of the City of Union City.

3. The declaration of local emergency shall remain in effect until such time that the City Council determines that the emergency conditions have been abated.

4. City staff is directed to place an item on the agenda for review at least every sixty (60) days from the effective date of this Resolution to determine the need for continuing the local emergency pursuant to Government Code Section 8630.

City Council/RSA Agenda 107 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARIO J. VALLEJO, INFORMATION TECHNOLOGY DIRECTOR SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT WITH SPYGLASS, LLC, FOR

TELECOMMUNICATION COST RECOVERY, SERVICE ELIMINATION,

AND COST REDUCTION RECOMMENDATIONS
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with SpyGlass, LLC, for telecommunication cost recovery, service elimination, and cost reduction recommendations.

STRATEGIC PLAN ALIGNMENT
The telecommunication audit is broadly consistent with Goal A: Financial Stability and Sustainability through disciplined long-term planning, cost control, heightened efficiency, increased revenue and cost control.

BACKGROUND
SpyGlass, LLC provides a telecommunication auditing service called SnapShot Audit. SnapShot Audit is a telecom and technology expense management solution to analyze, control and reduce technology costs of municipalities and private companies. By evaluating the existing technology costs, over 13,000 SpyGlass clients throughout the U.S. and Canada have gained long-term savings across their technology services — including voice, data, internet, cloud services, Software as a Service (SaaS) license and mobility.

City staff engaged SpyGlass to submit a proposal to evaluate the City’s technology costs on January 5, 2022.

Staff is seeking Council’s authorization to allow the City Manager to finalize and execute an agreement with SpyGlass for this work.

DISCUSSION
City Council/RSA Agenda 108 Tuesday, April 26, 2022
SpyGlass will gather and organize historical billing information on the City’s telecommunication accounts, which may include but is not limited to voice, data, internet, cloud services, SaaS license and mobility accounts. SpyGlass will analyze the bills and will submit a report summarizing the findings of its review, including mistakes with the rates charged to the City. The report will contain an explanation of the grounds for all refunds and savings opportunities identified for each account, including calculations of the estimated savings and refunds expected to be achieved. With the authorization of the City, SpyGlass will also prepare all forms required to initiate changes to the utility accounts and will take all the necessary steps to implement the recommended changes. Once rate changes or refunds have been approved, SpyGlass will notify City staff.

SpyGlass does not charge up-front fees or deposits; rather, their fee compensation is structured as a percentage of actual savings realized after clients receive their savings. Therefore, if their analysis does not generate a cost savings, the City pays nothing to SpyGlass.

The City would pay SpyGlass the applicable fees set forth below only for the recommendations implemented within twelve (12) months of SpyGlass delivering the recommendations to the City and subject to a not-toexceed cost of $100,000:
50% of any “Cost Recovery,” as defined below
12 times any “Service Elimination Savings,” as defined below 12 times any “Cost Reduction Savings,” as defined below “Cost Recovery” is any refund, credit or compensation received by the City relating to past services or charges.
“Service Elimination Savings” is any monthly cost reduction received by the City relating to cancellation of any service, including monthly usage cost reduction (calculated as the average of the last two months of usage costs associated with the cancelled service).
“Cost Reduction Savings” is any monthly cost reduction received by the City relating to the modification, consolidation or negotiation of any service, account or contract, based on a two-month average.

FISCAL IMPACT
SpyGlass is paid based on the cost savings that are realized by the City through cost recovery, elimination of unneeded services, and cost reduction savings. Cost recovery savings are shared 50/50 with the City. For service eliminations and cost reductions, the first 12 months of savings are paid to SpyGlass and after that all savings accrue to the City. Additionally, the Agreement has a not-to-exceed amount of $100,000. Staff will include funds for this Agreement in the FY 2022-2023 budget.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute an agreement with SpyGlass, LLC for telecommunication cost recovery, service elimination, and cost reduction recommendations.

Prepared by:

Mario Vallejo, Information Technology Director;
Jackie Acosta, Finance Director
City Council/RSA Agenda 109 Tuesday, April 26, 2022
Submitted by:

Mario Vallejo, Information Technology Director
ATTACHMENTS:

Description Type
Resolution - Spyglass Resolution
City Council/RSA Agenda 110 Tuesday, April 26, 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

SPYGLASS, LLC, FOR TELECOMMUNICATION COST RECOVERY, SERVICE

ELIMINATION, AND COST REDUCTION RECOMMENDATIONS
WHEREAS, Union City adopted a five-year strategic plan in September 2019 to establish goals and strategies to guide the City Council's agenda, which includes Goal A: Financial Stability and Sustainability, to foster fiscal health through disciplined long-term planning, heightened efficiency, increased revenue, and cost recovery; and
WHEREAS, SpyGlass, LLC provides a telecom and technology expense management solution to analyze, control and reduce technology costs of municipalities and private companies; and
WHEREAS, SpyGlass will gather and organize historical billing information on the City’s telecommunication accounts, which may include but is not limited to voice, data, internet, cloud services, Software as a Service (SaaS) license and mobility accounts; and WHEREAS, SpyGlass will provide a report summarizing the findings of its review, and an explanation of the grounds for all refunds and savings opportunities identified for each account, including calculations of the estimated savings and refunds expected to be achieved; and WHEREAS, SpyGlass’ fee compensation is structured as a percentage of actual savings realized, after clients receive their savings. Therefore, if their analysis does not generate a cost savings, the City pays nothing to SpyGlass; and
WHEREAS, if any refunds or credits are realized, SpyGlass will be paid 50% of the recovered amounts. For any service elimination/cost reduction savings, SpyGlass will be paid twelve times those savings, subject to a not-to-exceed amount of $100,000; and WHEREAS, the agreement will authorize SpyGlass to act on the City’s behalf to obtain any refunds, credits or future savings identified through their analysis and approved by the City.

NOW THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to execute an agreement with SpyGlass, LLC, for telecommunication cost recovery, service elimination, and cost reduction recommendations.

City Council/RSA Agenda 111 Tuesday, April 26, 2022
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 112 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARIO J. VALLEJO, INFORMATION TECHNOLOGY DIRECTOR SUBJECT: ADOPT A RESOLUTION APPROVING THE REPLACEMENT OF THE CITY

NETWORK AND SECURITY INFRASTRUCTURE EQUIPMENT WITH

FORTINET THROUGH RESELLER SHI INTERNATIONAL CORPORATION FOR A TOTAL COST OF $699,168.35 AND FINANCING OF $607,747.02 OF THAT

PURCHASE THROUGH BANK OF AMERICA AND AUTHORIZE THE CITY

MANAGER TO EXECUTE AGREEMENTS TO PURCHASE THE NEW

FORTINET EQUIPMENT, FIVE YEARS OF VENDOR MAINTENANCE, AND

PROFESSIONAL SERVICES TO SUPPORT STAFF IN THE SETUP AND

INSTALATION
Staff recommends that the City Counciladopt the attached Resolution to replace the City network and security infrastructure equipment with Fortinet through reseller SHI International Corporation (SHI) for a totalcost of $699,168.35, and finance $607,747.02 of that purchase through Bank of America, and authorize the City Manager to execute agreements to purchase the new Fortinet equipment, five years of vendor maintenance, and professional services to support staff in the setup and installation.

STRATEGIC PLAN ALIGNMENT
Goal D: Environmental Sustainability and Infrastructure.

Strategy 2: Enable a robust cyber security and infrastructure technology disaster recovery service. (New Strategies Added August 2021)

BACKGROUND
The City’s current network infrastructure was purchased in July 2015 for a total cost of $1,055,536 and paid by a seven-year annual lease cost of $155,879. The lease with Key Government Finance, Inc expires July 2022. The equipment purchased in 2015 replaced legacy switches, routers, firewalls, and voice over IP software and hardware at City Hall and remote sites. This equipment has been used to support the telecommunications needs for all the City sites, the critical connections to partnering cities and agencies, and enabled connectivity to all Internet services.

City Council/RSA Agenda 113 Tuesday, April 26, 2022
In order to normalize annual replacement costs for computing equipment, the City began a program in 2008 to move all computer equipment into a lease program. This prevents spiking of costs in any one year and allows the City to remain current in its equipment; thereby lessening maintenance costs on aging items.

Staff acquired professional services in 2021 from Fortinet, a network and security company, to review our current infrastructure design and assist staff with designing a new network architecture that removed the current single points of failure, enabled routing redundancy, provided the necessary network bandwidth, enhanced our cybersecurity detection and response, and met new Criminal Justice Information Security (CJIS) network requirements.

On April 12, 2022, Councilauthorized the City to participate in a $4 million Master Lease Agreement with Bank of America. In an effort to secure the most favorable financing terms, the City surveyed the leasing market and obtained proposals from three lease companies including the equipment vendor’s leasing company. Bank of America offered the most favorable terms for the Network Infrastructure lease purchase and agreed to preapprove up to $3.4 million in additional lease financing, if needed.

DISCUSSION
The current seven (7) year old network equipment in place at City Hall and remote sites will go out of warranty in July 2022. Much of the equipment is now or will soon be “End of Life” and “End of Support” by the vendor.

The network and security architecture design currently in place does not meet new CJIS security requirements and allows for single points of failure that can bring the information technology services down for an extended period of time. Due to component shortages, current network equipment lead times are currently 3-6 months. This purchase locks in our equipment orders and allows for equipment to be received this year and limits our risk of running on non-supported equipment.

Staff requests authorization to lease the network and security equipment for City Hall and the remote sites.

Specific components are not listed for security reasons. The Fortinet purchase through the authorized reseller of Fortinet equipment and services, SHI International Corporation, includes the network and security equipment, the yearly vendor maintenance for five years, and professional services to support staff in the setup and installation.

This purchase does not replace the current Voice over IP infrastructure or desktop phones.

Staff is working through the NationalAssociation of State Procurement Officials (NASPO), a non-profit organization for public procurement. NASPO agreements are competitively solicited to ensure the lowest available price. The NASPO Cloud Solutions (Carahsoft) contract (#AR2472) and subcontract (#7-17-70-40-05), through NASPO ValuePoint, was used to obtain reduced contracted pricing. Staff and the City Attorney have examined the cooperative purchasing agreement and are satisfied that it meets the requirements of the Government Code sections 6500, 6502 et. al., and that all competitive bidding requirements have been met.

FISCAL IMPACT
Authorization of resolution would result in a one-time payment of $91,421.33 in FY2021/2022. The $91,421.33 would be covered by CIP PD account 4110-2104-21004-57130 ($66,821) and IT fund 1110-1201-15003-57130 ($24,600.00). As there is sufficient budget to cover the cost, there will be no fiscal impact to the FY2021/2022 adopted budget.

The Master Lease Purchase Agreement with Bank of America authorized on April 12 th
, 2022 would be used to
finance the remaining $607,74.02 balance.

Rental
Payment
Rental
Payment Outstanding
City Council/RSA Agenda 114 Tuesday, April 26, 2022
Date Amount Interest Principal Balance
4/25/2022 - 607,719.03
11/1/2022 80,279.71 7,755.51 72,524.20 535,194.83
5/1/2023 80,279.71 6,609.66 73,670.05 461,524.78
11/1/2023 80,279.70 5,699.83 74,579.87 386,944.91
5/1/2024 80,279.71 4,778.77 75,500.94 311,443.97
11/1/2024 80,279.70 3,846.33 76,433.37 235,010.60
5/1/2025 80,279.70 2,902.38 77,377.32 157,633.28
11/1/2025 80,279.70 1,946.77 78,332.93 79,300.35
5/1/2026 80,279.71 979.36 79,300.35 -
$642,237.64 $34,518.61 $607,719.03
Lease Rate 2.4700%

RECOMMENDATION
Staff recommends that the City Counciladopt the attached Resolution to replace the City network and security infrastructure equipment with Fortinet through reseller SHI International Corporation for a totalcost of $699,168.35, and finance $607,747.02 of that purchase through Bank of America, and authorize the City Manager to execute agreements to purchase the new Fortinet equipment, five years of vendor maintenance, and professional services to support staff in the setup and installation.

Prepared by:

Mario J. Vallejo, Information Technology Director;
Jackie Acosta, Finance Director
Submitted by:

Mario J. Vallejo, Information Technology Director
ATTACHMENTS:

Description Type
Resolution - Network and Security Equipment Replacement Resolution City Council/RSA Agenda 115 Tuesday, April 26, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING THE REPLACEMENT OF THE CITY NETWORK AND SECURITY

INFRASTRUCTURE EQUIPMENT WITH FORTINET, THROUGH RESELLER SHI INTERNATIONAL CORPORATION, FOR A TOTAL COST OF $699,140.36, WITH $607,719.03 OF THAT PURCHASE BEING FINANCED THROUGH A

LEASE PURCHASE AGREEMENT WITH BANK OF AMERICA AND

AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS TO

PURACHSE THE NEW FORTINET EQUIPMENT, FIVE YEARS OF

MAINTENANCE, AND PROFRESSIONAL SERVICES TO SUPPORT STAFF IN

THE SETUP AND INSTALLATION
WHEREAS, City’s current network infrastructure was purchased in July 2015 for a total cost of $1,055,536 and paid by a seven-year annual lease with Key Government Finance, Inc cost at a cost of $155,879 per year; and
WHEREAS, the current seven (7) year old network equipment in place at City Hall and remote sites will go out of warranty and support in July 2022; and WHEREAS, staff requests authorization to lease new network and security equipment for City Hall and the remote sites; and
WHEREAS, the purchase includes the network and security equipment, the yearly vendor support for five years, and professional services to support staff in the setup and installation; and
WHEREAS, the NASPO Cloud Solutions (Carahsoft) contract (#AR2472) and subcontract (#7-17-70-40-05), through NASPO ValuePoint,, was used to obtain reduced contracted pricing; and
WHEREAS, staff and the City Attorney have examined the cooperative purchasing agreement and are satisfied that it meets the requirements of the Government Code sections 6500, 6502 et. al., and that all competitive bidding requirements have been met.

WHEREAS, authorization of resolution would result in a one-time payment of $91,421.33 in FY 2021-2022, the $91,421.33 is available in CIP PD Account No. 4110- 2104-21004-57130 ($66,821.33) and the General Fund IT Account Number 1110-1201- 15003-57130 ($24,600.00); and
WHEREAS, the Master Lease Purchase Agreement with Bank of America authorized by the City Council on April 12th, 2022 would be used to finance the remaining $607,719.03 balance; and
City Council/RSA Agenda 116 Tuesday, April 26, 2022
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City authorizes the replacement of the City network and security infrastructure equipment with Fortinet, through reseller SHI International Corporation, for a total cost of $699,140.36, and the financing of $607,719.03 of that purchase through Bank of America, and to authorize the City Manager to execute agreements to purchase the new Fortinet equipment, five years of vendor maintenance, and professional services to support staff in the setup and installation of said equipment.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 26th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 117 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING IN PERSON

WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETYOF
ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY;AND

AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITYOF UNION CITY FOR THE 30 DAY PERIOD BEGINNING APRIL 26 PURSUANT TO AB 361
Staff recommends that the City Counciladopt a resolution to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021).

On April 5, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days.

Staff and the City Attorney recommend that the City Counciladopt a resolution making the necessary findings pursuant to AB 361 to continue conducting virtual meetings. Absent further action of the City Council, the City's legislative bodies would need to continue in-person meetings 30 days after April 5, 2022.

STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.

BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID 19.

City Council/RSA Agenda 118 Tuesday, April 26, 2022
On March 16, 2020, the City Counciladopted a Resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

The City has established virtual meetings for all City Counciland City Councilappointed Board and Commission meetings. The virtual meetings have allowed the Counciland advisory bodies to continue to conduct City business from remote locations while ensuring the public’s continued access to government meetings in a safe manner.

On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in fullcompliance with the Brown Act.

Since the Governor issued Executive Order N-08-21, the highly contagious Delta and Omicron variants have emerged, causing a spike in cases throughout the state and within the Alameda County. A highly contagious Omicron sub-variant has also emerged.

On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.

The City Counciladopted a resolution pursuant to AB 361 on September 28, 2021 in order to allow the City’s legislative bodies to continue conducting virtual meetings after September 30, 2021. The resolution included all of the necessary findings required pursuant to AB 361. The City has continued to adopt resolutions making the necessary findings to continue operating virtually since that time.

DISCUSSION
The California Legislature approved AB 361 and the Governor signed the bill into law on September 16, 2021.

AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20 which suspended certain Brown Act provisions. Under AB 361, the City and its legislative bodies will be allowed to continue to meet remotely when:
· The localagency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing; · Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.

The City meets the requirements to continue holding meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a localemergency by the Director of Emergency Services; · County Health orders require that individuals in indoor public spaces wear masks, State officials recommend distancing under certain circumstances, and the CDC recommends social distancing of at least six feet due to COVID-19;
City Council/RSA Agenda 119 Tuesday, April 26, 2022
· The Delta and Omicron variants of COVID-19 have resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.

AB 361 has been signed into law. Therefore, the City Council is required to declare every 30 days that the City’s legislative bodies must continue to meet remotely in order to ensure the health and safety of the public.

The City Council has previously acted to make continued findings pursuant to AB 361.

The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Counciland the City’s legislative bodies to continue meeting remotely.

FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution to make the necessary findings to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
AB361 Resolution Resolution
City Council/RSA Agenda 120 Tuesday, April 26, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY FINDING THAT THERE IS A PROCLAIMED
STATE OF EMERGENCY; FINDING THAT MEETING IN

PERSON WOULD PRESENT IMMINENT RISKS TO THE

HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF
THE STATE OF EMERGENCY; AND AUTHORIZING

REMOTE TELECONFERENCED MEETINGS OF THE

LEGISLATIVE BODIES OF THE CITY OF UNION CITY FOR
THE 30 DAY PERIOD BEGINNING APRIL 26 PURSUANT TO
AB 361
WHEREAS, all meetings of the City of Union City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 16, 2020, the City Council adopted a Resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all legislative bodies within the City; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ends the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and WHEREAS, AB 361 (2021) requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and
WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body City Council/RSA Agenda 121 Tuesday, April 26, 2022
determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City and Governor Newsom has declared a State of Emergency due to COVID-19; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants, in addition to Omicron sub-variants, of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine. State and local officials currently strongly recommend wearing masks indoors and state officials further recommend the use of masks when social distancing is not possible; and
WHEREAS, because of the rise in cases due to the Delta and Omicron variants of COVID19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, on September 28, 2021 the City Council found that the presence of COVID-19 and the increase of cases due to the Delta variant would present imminent risks to the health or safety of attendees, including the legislative bodies and staff, should the City’s legislative bodies hold in person meetings; and
WHEREAS, the highly contagious Omicron variant has resulted in the greatest nationwide infection rate since the beginning of the COVID-19 pandemic; and WHEREAS, the City Council hereby finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees continues to exist; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following continued findings:
a) The City Council has reconsidered the circumstances of the state of emergency; and
City Council/RSA Agenda 122 Tuesday, April 26, 2022
b) The state of emergency, as declared by the Governor and City Council, continues to directly impact the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, from meeting safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19, state and local officials continue to recommend the use of masks and physical distancing under certain circumstances, and as a result of the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. City Council and City’s legislative bodies may continue to meet remotely in compliance with AB 361, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution.

City Council/RSA Agenda 123 Tuesday, April 26, 2022
Agenda Item
DATE: 4/26/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

COMPENSATION AND BENEFIT PLAN FOR UNREPRESENTED

EMPLOYEES
Staff recommends that the City Councilapprove an amendment to the City’s Compensation and Benefit Plan for Unrepresented Employees (the “Plan”). The updates to the Plan do not establish new benefits for employees and seeks only to codify current benefits for unrepresented Department Head positions that were provided previously in separate resolutions.

STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, in ensuring salaries and benefits are competitive in order to recruit, attract and retain talented employees.

BACKGROUND
The unrepresented Department Head positions subject to the Plan include:Assistant City Manager/Chief Financial Officer, Deputy City Manager, Community and Recreation Services Director, Economic and Community Development Director, Finance Director, Human Resources Director, Information Technology Director, and Public Works Director.

The changes to the Plan seek to document the benefit offerings previously documented in various resolutions.

DISCUSSION
Staff proposes adding to the Plan the elements of the California Government Voluntary Employees’ Beneficiary Association (VEBA), or CalVEBA, 501(c)(9) Trust benefits which include the City’s pre-tax employer contribution of $200.00 per month, or $92.31 per pay period, for employees in Department Head City Council/RSA Agenda 124 Tuesday, April 26, 2022
positions.

Other elements of the CalVEBA agreement include the mandatory biweekly pre-tax employee contribution from wages, the mandatory percentage of accrued leave for transfer on an annual basis, and the percentage of accrued leave for transfer at separation, all of which may only be changed with the agreement of the collective Department Head group. The additional provisions to the agreement willalso include clarification of the process for modifying employee contributions as wellas other miscellaneous provisions.

FISCAL IMPACT
There is no impact for the updates to this Compensation and Benefits Plan as there are no changes to the benefit offerings.

RECOMMENDATION
Staff recommends that the City Councilapprove the attached resolution to approve the amendment to the Compensation and Benefits Plan for Unrepresented Employees, effective April 26, 2022.

Prepared by:

Joan Malloy, City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution Resolution
Compensation and Benefits Plan tracked changes Attachment CALGOVEBA Section for Unrepresented Compensation and
Benefits Agreement 4-26-2022
Attachment
City Council/RSA Agenda 125 Tuesday, April 26, 2022
RESOLUTION NO. XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING AN AMENDMENT TO THE

COMPENSATION AND BENEFIT PLAN FOR

UNREPRESENTED EMPLOYEES
WHEREAS, the City of Union City (the “City”) has previously adopted and periodically amended the Compensation and Benefit Plan for Unrepresented Employees (the “Plan”); and
WHEREAS, classifications that are subject to the Plan are unrepresented employees as designated by the Plan; and
WHEREAS, the Plan enumerates the job classifications whose incumbents shall be considered subject to the Plan and also provides for the salaries and benefits for such incumbents; and
WHEREAS, the City Council has considered a proposed amendment to the Plan to include California Government Veba or CalGoveba 501(C)9 Trust benefits for Department Head positions and finds that the terms and conditions are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves and adopts the amendment to the Plan attached hereto and incorporated herein by reference, as Exhibit A, effective April 26, 2022 and authorizes the City Manager to take such further actions as may be necessary to implement the amendment to the Plan including any necessary non-substantive modifications.

City Council/RSA Agenda 126 Tuesday, April 26, 2022
1 COMPENSATION AND BENEFIT PLAN

FOR UNREPRESENTED EMPLOYEES
Department Heads, Management and Non-Management
Updated March 22April 26, 2022
(Excludes Unrepresented Seasonal and Police Department positions) City Council/RSA Agenda 127 Tuesday, April 26, 2022
2 Table of Contents
SECTION 1.00 CLASSIFICATIONS......................................................................................... 3 SECTION 2.00 COMPENSATION ............................................................................................ 3 A. LONGEVITY PAY (FOR DEPARTMENT HEADS ONLY): .......................................................... 3 B. VEHICLE ALLOWANCE (FOR DEPARTMENT HEADS ONLY): ................................................. 3 C. SALARY STEP SCHEDULE ..................................................................................................... 3 D. SALARIES ............................................................................................................................. 4 SECTION 3.00 WORK SCHEDULES.................................................................................... 4 SECTION 4.00 LEAVE................................................................................................................ 4 A. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT POSITIONS: .................................................... 4 B. BEREAVEMENT LEAVE:........................................................................................................ 6 C. FAMILY LEAVE: ................................................................................................................... 6 D. HOLIDAYS............................................................................................................................ 7 E. JURY LEAVE: ....................................................................................................................... 8 F. MILITARY LEAVE:................................................................................................................ 8 G. OCCUPATION INJURY LEAVE: .............................................................................................. 8 H. PERSONAL LEAVE:............................................................................................................... 9 I. SICK LEAVE: ........................................................................................................................ 9 J. UNPAID LEAVE OF ABSENCE ................................................................................................ 9 K. VACATION ......................................................................................................................... 10 SECTION 5.00 INSURANCE COVERAGE............................................................................ 11 A. HEALTH AND WELFARE COVERAGE .................................................................................. 11 B. LIFE INSURANCE:............................................................................................................... 12 C. DEFERRED COMPENSATION PLAN (FOR DEPARTMENT HEADS AND MANAGEMENT ONLY) 12 D. DISABILITY INSURANCE:.................................................................................................... 12 E. CALIFORNIA GOVERNMENT VEBA (OR CALVEBA)......................................................... 12 SECTION 6.00 RETIREMENT BENEFITS (CALPERS)..................................................... 13 A. CLASSIC MEMBERS:........................................................................................................... 13 B. NEW MEMBERS.................................................................................................................. 13 SECTION 7.00 TUITION REIMBURSEMENT..................................................................... 14 SECTION 8.00 SEPARATION ................................................................................................. 15 City Council/RSA Agenda 128 Tuesday, April 26, 2022
3 SECTION 1.00 CLASSIFICATIONS
The classifications listed below of unrepresented positions shall be compensated pursuant to the City’s Compensation Plan and the salary schedule as set forth in Attachment A attached hereto and incorporated herein by this reference. The classifications that are participating in the unrepresented management compensation and benefit plan are those listed below:

DEPARTMENT HEADS UNREPRESENTED MANAGEMENT
Assistant City Manager/Chief Financial
Officer
Deputy City Manager
Economic and Community Development
Director
Finance Director
Human Resources Director
Information Technology Director
Community and Recreation Services
Director
Public Works Director
Assistant to the City Manager
Chief Human Resources Officer
Chief Technology Officer
City Clerk
Human Resources Analyst I
Human Resources Analyst II
Human Resources Manager
Supervising Construction Inspector

UNREPRESENTED NON-MANAGEMENT
Human Resources Technician
Administrative Specialist -
Confidential
SECTION 2.00 COMPENSATION
Administration of the Compensation Plan:

The Compensation Plan may provide a flat salary rate or a defined salary range for each management employee classification with a minimum/maximum salary level and one or more intermediate steps.

A. Longevity Pay (For Department Heads Only):

Upon completion of nineteen (19) years of permanent full-time service with the City, employees shall be entitled to longevity pay of 5% of base salary.

B. Vehicle Allowance (For Department Heads only):

Employees shall be provided a vehicle allowance in the amount of Four Hundred Dollars ($400) per month ($184.62 per pay period).

C. Salary Step Schedule
Salary Step increases shall be implemented in the following manner:

City Council/RSA Agenda 129 Tuesday, April 26, 2022
4 An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.

An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have his/her step increase implemented on the first day of the following pay period.

D. Salaries
Effective April 4, 2022, the City will provide each Unrepresented Management and Nonmanagement classification with a cost-of-living increase of three percent (3.0%).

Additionally, the City shall provide a one-time lump sum payment equivalent to 3% for the period of January 10, 2022 through April 3, 2022 for these classifications.

Department Head employees will receive a one-time lump sum payment equivalent to the required contributions made toward medical, dental, and vision premiums from January 10, 2022, through April 3, 2022.

For all Unrepresented employees:

Effective the first full pay period following January 1, 2023 the City will provide each unrepresented classification subject to this Compensation and Benefits Plan with a cost-of-living increase of three percent (3.0%).

Effective the first full pay period of January 1, 2024, the City will provide each unrepresented classification subject to this Compensation and Benefits Plan with a cost-of-living increase of three percent (3.0%).

SECTION 3.00 WORK SCHEDULES
The City normally operates on a 9/80 work schedule with employees working eighty (80) hours over nine (9) consecutive business days, Monday through Friday. However, Department Heads, with the City Manager approval, shall structure the work schedules for all management and non-management employees in their department. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community. In delivering these services Department Heads have the opportunity to consider flexible scheduling options.

These scheduling opportunities shall remain solely at the City’s discretion.

SECTION 4.00 LEAVE
A. Administrative Leave for FLSA exempt positions:

In lieu of paid overtime, Unrepresented Management employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those City Council/RSA Agenda 130 Tuesday, April 26, 2022
5 management employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond seventy (70) hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave (II) for a total of one hundred ten (110) hours. Additional Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.

Department Head employees shall receive one hundred fifty (150) hours of Administrative Leave at the beginning of each fiscal year. In addition, those management employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond 150 hours per fiscal year shall be eligible for an additional ten (10) hours per fiscal year of Administrative Leave for a total of one hundred (160) hours.

Effective fiscal year 2022-2023, Department Head employees shall receive one hundred sixty (160) hours of Administrative Leave at the beginning of each fiscal year.

The guidelines for making use of Administrative Leave will be as follows:

1. Employees shall submit requests for time off under Administrative Leave in writing directly to their immediate supervisor. The supervisor will approve or deny the request based upon operational needs.

2. Administrative Leave is based on the City’s fiscal year and therefore runs from July 1 to June 30.

3. Administrative Leave for employees hired after July 1 or who leave prior to June 30 of the following year will be prorated.

4. Employees may not use Administrative Leave during their first six months of service. (Exceptions to this rule may be granted by the City Manager).

For Unrepresented Management only: For fiscal year 2021-2022, unused Administrative Leave may be accumulated up to a maximum of two hundred forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year 2022 only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. For separation provisions concerning Administrative Leave, please see Section

8.00 of this document. The unused 240-hour accumulation does not include the Additional Administrative Leave identified in paragraph below.

The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager. The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year’s work and may not be accumulated or cashed out.

City Council/RSA Agenda 131 Tuesday, April 26, 2022
6 For Department Heads only: For fiscal year 2021-2022, unused Administrative Leave may be carried over to the subsequent fiscal year or may be cashed out as requested by the employee at the end of fiscal year 2022 only. Cash out is up to maximum accruals.

Said payment shall be based upon the employee's salary rate at the time of the cash out request. For separation provisions concerning Administrative Leave, please see Section

10.00 of this document. For fiscal year 2022-23, Department Heads may sell back up to their maximum accrual by December 31, 2022.

For Department Heads and Unrepresented Management: Effective calendar year 2023, and every calendar year thereafter, under the following conditions employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. Unrepresented Management positions may make an irrevocable election to sell back to the City up to seventy (70) hours. Department Head positions may make an irrevocable election to sell back to the City up to one hundred and sixty (160) hours. At the time of distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.

Requests to sell back administrative leave must be received by Payroll no later than December 31 for the following year’s election.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

B. Bereavement Leave:

Employees may be granted paid bereavement leave, not to exceed five (5) workdays, upon the occasion of the death of a close relative. The five days may be taken nonconsecutively. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-inlaw, daughter-in-law, son-in-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship.

In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).

C. Family Leave:

The City shall comply with all provisions of the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 City Council/RSA Agenda 132 Tuesday, April 26, 2022
7 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.

D. Holidays
The following are holidays:

New Year’s Day January 1
Martin Luther King, Jr.’s Birthday 3
rd Monday in January
President’s Day 3
rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day 1
st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4
th Thursday in November
Friday after Thanksgiving 4
th Friday in November
Christmas Eve December 24*
Christmas Day December 25
In the event a holiday falls on a normal day off which is either a Saturday or the first day off of the two normal days off, the employee shall observe the previous workday as the holiday. In the event a designated holiday falls upon a normal day off which is either a Sunday or the second day of the two normal days off, the employee shall observe the following workday as the holiday. Should the holiday fall on a closed (non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee's floating holiday bank.
*Christmas Eve Observed
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday; there is no Christmas Eve holiday observance. When Christmas Day falls on Monday, there is no Christmas Eve holiday observance.

City offices shall be closed between Christmas Day and New Year's Day.

For Non-Management Employees Only:

Prior approval for holiday work must be obtained from the City Manager, except in an emergency situation where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.

Floating Holidays
City Council/RSA Agenda 133 Tuesday, April 26, 2022
8 Each employee shall also be granted twenty-seven (27) additional Floating Holiday hours per fiscal year, which may be scheduled for use upon approval. The Floating Holiday hours, if not used within the fiscal year earned, may not be accumulated.

In the event a holiday falls on a normal day off which is either a Saturday or the first day off of the two normal days off, the employee shall observe the previous workday as the holiday. In the event a designated holiday falls upon a normal day off which is either a Sunday or the second day of the two normal days off, the employee shall observe the following workday as the holiday.

Should the holiday fall on a closed (non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee's floating holiday bank in the pay period immediately before the holiday.

E. Jury Leave:

An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon returning to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.

F. Military Leave:

Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their Department Head an opportunity within the limits of military requirements to determine when such leave shall be taken.

G. Occupation Injury Leave:

For employee injury or disability falling within the provisions of the State Worker's Compensation Act, additional compensation equal to the difference between said employee’s regular pay and their disability compensation allowance shall be paid for a total not to exceed one-hundred seventy-six (176) hours or equal to one-half the amount of the employee's accumulated Sick Leave balance as of July 1 for each fiscal year, whichever is greater.

Included in the calculation of the one-hundred seventy-six (176) hours granted will be compensation for any waiting period. Following exhaustion of this benefit, employees may utilize accumulated Sick Leave to the extent available to make up the difference between said employee’s regular pay and their disability compensation allowance.

City Council/RSA Agenda 134 Tuesday, April 26, 2022
9 H. Personal Leave:

The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional eight (8) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of twenty-eight (28) hours per fiscal year. An additional twelve (12) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a maximum total of forty (40) hours per fiscal year. Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave. The employee must request Personal Leave at least 48 hours (2 days) prior to time of utilization. In cases of need, the immediate supervisor may waive the 48-hour notification procedure.

I. Sick Leave:

Employees shall earn three and 69/100 (3.69) hours per pay period of Sick Leave without limit on accumulation. Employees absent without pay for more than thirty-six (36) hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave shall be taken in periods of no less than one-quarter of an hour.

Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, sickness, or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum (APM) #21, Administration of Sick Leave, which shall serve as the operating guideline for both employees and management.

Employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a balance of fourhundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.

J. Unpaid leave of Absence
The City Manager may grant, a regular employee other than a probationary employee, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one additional (1) year. An Unpaid Leave of Absence may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager.

City Council/RSA Agenda 135 Tuesday, April 26, 2022
10 Upon expiration of the Unpaid Leave of Absence, the employee will be reinstated to the position held at the time leave was granted. Failure of the employee to report promptly at the expiration of the Unpaid Leave of Absence, or within a reasonable time after notice to return to duty shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.

Employee is fully responsible for all benefit premiums while on approved Unpaid Leave of Absence.

K. Vacation
Employees shall accrue vacation benefits annually in accordance with the following schedule and provisions:

Years of Service Annual Accrual
Rate
Non-Mgmt. Max
Accrual
Mgmt. Max
Accrual
Dept Head Max
Accrual
0-3 Years 80 160 320 560
4 – 8 Years 120 240 400 560
9-12Years 140 280 440 560
13-15Years 160 320 480 560
16+Years 200 400 560 560
 Non-Management employees shall be limited to accruing two times their maximum number of annual accrual rate.
 Management employees shall be limited to accruing two times their maximum number of annual accrual rate plus 160 hours per year.
 Department Heads may accrue up to 560 hours.

The City Manager shall have the authority to provide credit for years of service with a prior agency for newly hired Department Heads for purposes of establishing the vacation accrual rate per City Council Resolution 5793-21.

For calendar year 2022, Management and Non-Management employees may receive annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out. Department Heads may cash out any number of hours provided an 80-hour balance is maintained after cash out.

City Council/RSA Agenda 136 Tuesday, April 26, 2022
11 Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City accrued vacation leave per calendar year at the employee’s base rate of pay. Management and Non-Management may make an irrevocable election to sell back up to eighty (80) hours and Department Heads may make an irrevocable election to sell back to the City up to their annual accrual.

At the time of distribution, the following must be true:
 The employee is in good standing and meeting performance expectations on the last performance evaluation received.
 The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.

Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

Employees shall receive cash payment for all unused excess Vacation Leave at their current salary rate at the time of separation or upon the start of an extended leave from City employment.

SECTION 5.00 INSURANCE COVERAGE
A. Health and Welfare Coverage
The City will contribute up to Two Thousand Dollars ($2,000) per month toward the medical, dental and vision premiums for all unrepresented department management and non-management employees, regardless of the plan in which they are enrolled.

This monthly contribution includes the City's basic employer contribution for health premiums under PEMCHA which City Council Resolution No. 2279-02 set as the minimum required under PEMCHA. Employees shall pay premium costs exceeding the City's maximum contribution amount.

Employees who are covered for medical benefits through a spouse or a domestic partner may elect not to enroll in a City group medical plan and are not eligible for the City's contribution towards medical, dental and vision premiums as identified in this Section.

Employees electing this option shall provide proof of medical coverage to the City. In lieu of medical insurance premiums, the City will contribute the amount of $300 per City Council/RSA Agenda 137 Tuesday, April 26, 2022
12 month to the employee’s deferred compensation account, or pay employees $300 per month in cash, at the employee's option.

The City agrees to advance the full cost of health premiums (medical, dental, vision, and LTD coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months beyond any FMLA benefits and shall be due and payable to the City within six (6) months of return to work or upon termination.

Retirees may elect to continue coverage with the group medical and dental plans at retiree’s cost.

B. Life Insurance:

The City shall provide life insurance coverage for unrepresented employees as follows:
$100,000 for life insurance, and $100,000 for accidental death or dismemberment.

Supplemental life insurance is also available, the cost of which shall be borne by the employee.

C. Deferred Compensation Plan (for Department Heads and Management Only) The City shall contribute one hundred dollars ($100.00) per month ($46.15 per pay period) to a pre-tax 401(a) Deferred Compensation Plan. The specific groupings/divisions of management classifications shall be defined at plan inception and shall be based upon criteria stated in the Deferred Compensation Plan. The option to opt out is currently irreversible and can take place only when an employee is hired/promoted to a management-level classification. If an employee opts out of plan entirely, he/she will not receive said benefit.

All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.

D. Disability Insurance:

Both Short-Term Disability (STD) and Long-Term Disability (LTD) Insurance programs are available. Participation in the Short-Term and Long-Term Disability Plans is not optional.

E. California Government VEBA (or CalVEBA)
For Department Heads only: The City will contribute a monthly pre-tax employer contribution of $200.00 per month or $92.31 pay period toward the CalVEBA 501(C)9 Trust pursuant to the agreement attached as Exhibit A as may be amended from time to time pursuant to the requirements of such agreement. Department Head employees will be subject to the provisions of such agreement as may be revised.

City Council/RSA Agenda 138 Tuesday, April 26, 2022
13 SECTION 6.00 RETIREMENT BENEFITS (CalPERS)
A. Classic Members:

Consistent with its historical practice, the City pays the full share of the employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC) on behalf of the CalPERS classic members. For classic members receiving benefits based on the 2.5% at 55 formula, these payments are equal to 8% of the member employees' reportable income. For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees’ reportable income.

2.5% at 55: Classic Members hired prior to November 24, 2010 are provided benefits under the CalPERS 2.5% at 55 retirement formula, with final compensation calculated based on the employee's highest earning year. Employee cost sharing will be 11%. 2% at 60: Employees hired on or after November 24, 2010 are provided benefits under the CalPERS 2% at 60 retirement formula. Final compensation for these employees will be calculated based on the highest three-year average earnings. Employee cost sharing will be 10%.

B. New Members
CalPERS new members hired by the City on or after January 1, 2013 are provided pension benefits using a 2.0% at 62 formula. New members are responsible for contributing to CalPERS as required by CalPERS law.

In addition to their required employee contribution, new members of management are required to contribute 3% of the City’s contribution and new members of nonmanagement are required to contribute 1.5% of the City’s contribution. As of the time this compensation plan is adopted, the total employee contribution is 10% for Department Heads and Management employees and 8.5% for Non-Management employees. This contribution will increase if the employee contribution rate for new members is increased above the current rate of 7%.

Specific Features of CalPERS Benefits
Specific features of the CalPERS benefits applicable to all employees hired prior to January 1, 2011 include:

Indexed Level of the 1959 Survivor Benefit as provided in Section 21574.5.

One-Year Fiscal Compensation as provided in Section 20042.

Post-Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628.

City Council/RSA Agenda 139 Tuesday, April 26, 2022
14 Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.

Continuation of Surviving Spouse-Benefits upon remarriage as provided in Section 21635.

Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.

Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004 years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.

Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to 30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 50% of final compensation.

One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant to Section 21620.

COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.

Two Years Additional Service Credit to employees who retire within a specified period provided in Government Code Section 20903.

Members not covered by Social Security upon retirement shall receive a monthly allowance of $350, $700, or $840 depending on the number of eligible survivors as defined in Section 21573.

SECTION 7.00 TUITION REIMBURSEMENT
For Management Employees Only:

When a management employee voluntarily, and with prior approval of the City Manager, undertakes any education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training to a maximum of three thousand dollars ($3,000) per City Council/RSA Agenda 140 Tuesday, April 26, 2022
15 fiscal year, subject to an annual cap of nine thousand dollars ($9,000) per fiscal year on total educational reimbursements paid by the City for management employees where the employee identifies the total cost of the course up front. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

Employees may be reimbursed for more than one course per fiscal year or over the life of their employment with the City if total cost of all reimbursements does not exceed three thousand dollars ($3,000) per fiscal year. To qualify for reimbursement, employees shall submit written requests to the City Manager and requests shall be considered on a first come, first serve basis each fiscal year.

For Non-Management Employees Only:

When an employee voluntarily and with prior approval of their department head undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training. The reimbursement will be limited to an aggregate annual cap of $9,000 for all employees, to be distributed in accordance with City procedures. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the costs of the books. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

For purposes of this Section, costs incurred by employees for obtaining and maintaining professional certification or registration shall be reimbursable so long as conditions of approval and course completion are met.

SECTION 8.00 SEPARATION
Upon separation from the City or upon the start of an extended leave from City employment (e.g., military duty, etc.), employees shall receive cash payment on a pro-rated basis for unused Administrative Leave and Holiday Hours. Said payment(s) shall be based upon the employee's accrued Administrative Leave and Holiday hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.

At that time, employees shall also receive full cash payment for any unused accrued vacation and administrative leave. Said payment shall be based upon the employee's base salary rate at time of separation or upon the start of an extended leave from City employment. However, employees shall not receive cash payment for any unused accrued sick or floating holiday leave. All of the aforementioned separation payments, including additional monies owed from negotiated severance packages, shall be paid to employees within 14 calendar days after separation. 3588961.2
5096746.1
City Council/RSA Agenda 141 Tuesday, April 26, 2022
1 {14029/A0612554.2}
CALIFORNIA GOVERNMENT VEBA (or CALGOVEBA)
For Department Heads Only
1) Participation in Trust. All employees in Department Head positions participate in the California Government VEBA Trust (hereafter, CALGOVEBA or “the Trust”) pursuant to the terms and provisions of the “Trust Agreement of The California Government Voluntary Employees’ Beneficiary Association Trust, effective December 15, 2021.” 2) Limitations on City Responsibility. City’s responsibilities and liabilities with respect to the Trust are limited to making contributions and providing required contributions and employee data as detailed herein and pursuant to terms and provisions of the Trust Administrator. City is not responsible for the liabilities or debts of the Trust and has no responsibility or control over benefits provided through the Trust. 3) Purpose of Trust. The purpose of the Trust shall be to provide for medical expense reimbursement benefits. The Trust shall be and remain separate and apart from any City health insurance funding program, unless subsequently changed. The monies contributed to the Trust shall only be used for reimbursement of medical expenses under the terms of the Trust’s medical expense reimbursement plan (the “Plan”), and the reasonable costs of administering the Trust. Employer and Department Head employees acknowledge that upon termination of participation in the Trust, federal law prohibits the Trust from refunding any contributions to the Employer or the Department Head employees, and any remaining monies designated for health benefits of employees will be paid as benefits or for administrative costs.
4) Eligibility of Employees for Trust Participation.
a. Integration Rule Under Federal Law. In order to satisfy the integration requirements of the federal Affordable Care Act (ACA), eligibility for contributions to the Trust is limited to employees: (1) who are actually enrolled in a group health plan that satisfies the minimum value requirements of the ACA; and (2) to whom the City has offered a group health plan providing minimum value coverage. City agrees to send information as reasonably requested by the Trust to certify that this eligibility requirement is met and to notify the Trust if the City’s group health plan ceases to provide minimum value coverage under the ACA.
5) Mandatory Contributions to the Trust
a. Employee Contributions. Effective May 2, 2022, City will transfer a mandatory pre-tax employee contribution from wages of $250.00 per month or $115.39 per pay period for each Department Head employee.

City Council/RSA Agenda 142 Tuesday, April 26, 2022
2 {14029/A0612554.2}
The Department Head employees, upon collective agreement, shall have the option to direct City to change the amount of the mandatory employee contribution in Section 5a.
b. City Contributions. City will transfer a monthly pre-tax City contribution of $200.00 per month or $92.31 per pay period for each Department Head employee. c. Due Date for Payments to Trust: The City shall transfer the employer and employee contributions to the Trust (including employee contributions withheld from wages), on behalf of each Department Head employee as detailed above, no later than the 15th day following the pay period on which the contribution is based. 6) Vacation Leave Transfers to Trust. City and the Department Head employees agree that City will make the following mandatory transfers, on a pre-tax basis, to the Trust on behalf of every Department Head employee:
a. Mandatory Accrued Leave Contribution (at Retirement). City shall, upon the Department Head employee’s retirement or separation from the City, irrevocably contribute to the Trust, for the Department Head employee’s Trust account, on a pre-tax basis, an amount equal in value to 100% of the payments that would otherwise be paid to the Department Head employee for unused vacation leave under this Compensation and Benefit Plan. b. Mandatory Accrued Leave Contribution (Annually). City shall, on an annual basis, during the pay period that includes September 30, irrevocably contribute to the Trust, for the Department Head employee’s account, on a pre-tax basis, an amount equal in value to 10% of the Department Head employee’s balance of unused vacation leave under this Agreement. The Department Head employee shall not have the option to receive a cash payout for the value of the accrued leave contributed to the Trust.
c. The Department Head employees, upon collective agreement, shall have the option to direct City to prospectively increase the percent of the mandatory employee leave contribution in Sections 6a and 6b.
d. Due Date for Leave Transfersto Trust: The City shall transfer the leave amounts to the Trust on behalf of each Department Head employee as detailed above, no later than:
i. The 30th day following the official retirement date as set by the employee’s retirement system for retirement transfers; and
ii. October 31st for the annual leave transfers.
5096378.1
City Council/RSA Agenda 143 Tuesday, April 26, 2022
Agenda Item
DATE: 4/25/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: HEAR REPORT FROM GODBE RESEARCHAND TBWBH PROPS AND MEASURES ON A MARCH 2022 SURVEYOF UNION CITY VOTER

ATTITUDES ON EXTENSION OF THE ONE-HALF CENT SALES TAX AND

PLANNED PUBLIC INFORMATION PROGRAM
The City Council is asked to hear a report from Godbe Research and TBWBH Props and Measures on a March 2022 Survey of Union City Voter attitudes on extension of the one-half cent sales tax and the planned public information program.

STRATEGIC PLAN ALIGNMENT
GoalA. Financial Stability and Sustainability
New Strategy 1: Study and prepare for placement of a revenue measure for November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for a $6 million in service cuts.

BACKGROUND
The City Council adopted Resolution 5879-22 on January 11, 2022, which authorized a contract with Godbe Research and TBWBH Props and Measures to assess the electoral feasibility of a revenue measure or revenue measures. The scope of work in the agreement included Godbe Research designing, conducting, and analyzing an opinion survey of voters within Union City; and TBWBH evaluation of the polling data and recommending a final tax type, tax rate, duration, and tax structure. TBWBH would prepare public information materials including fact sheets and talking points related to a potential revenue measure, and work with legal counsel to develop a resolution and ordinance calling for the ballot measure to be placed before the voters. The City Council staff report can be found here:
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3191&MeetingID=1538 The City Council adopted Resolution 5888-22, January 25, 2022, authorizing the Mayor to appoint a two member Ad Hoc Subcommittee to evaluate and provide recommendations to the City Council on the placement of potential tax measures including a business license tax update and extension of the one-half cent sales tax. The Mayor City Council/RSA Agenda 144 Tuesday, April 26, 2022
appointed Council Members Emily Duncan and Gary Singh to the Ad Hoc Subcommittee. The City Council staff report can be found here:
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3207&MeetingID=1548 The City Council accepted recommendations from the Ad Hoc Subcommittee on February 22, 2022, to proceed with a community survey for extension of the one-half cent sales tax, and to continue the analysis of a proposed update and increase to the business license tax for consideration at a future election cycle. Based on the initial analysis of the business license tax data, the Council agreed that additional information and study was required to update the business license tax formula prior to bringing a proposed measure to the voters. The City Council staff report can be found here:
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3251&MeetingID=1549

DISCUSSION
Godbe Research conducted a community survey March 8 through March 22, 2022, of likely Union City November 2022 voters. The purpose of the survey was to assess voter attitudes about the one-half cent sales tax and consider its extension in the November 2022 election. The sample size of 435 respondents had a margin of error of plus or minus 4.65 percent. Details of the survey results are included in this staff report as Attachment 1.

Highlights of the survey include:

68.3 percent had a favorable rating of how the City is addressing the COVID crisis.

65.1 percent had a favorable rating of the City’s provision of services.

46.9 percent had a favorable rating of the City’s management or public funds, 30.5 percent had an unfavorable rating of the City’s management of public funds, and 22.6 percent had no opinion of did not know.

60.8 percent expressed initial support for extending the one-half cent sales tax until ended by voters, 29.6 expressed opposition to extension of the one-half cent sales tax, and 9.6 percent declined to state or did not know.

The most popular attributes for extending the one-half cent sales tax included:
o Keep fire stations opened and fully staffed
o Maintain street and pothole repair
o Maintain paramedic services
o Maintain fire protection services
o Maintain neighborhood police patrols
o Maintain emergency and disaster preparedness programs, including for a public health crisis o Maintain senior and youth programs
o Maintain recreation programs, including the Sports Center, Kids Camps, and after- school recreation
Support for the sales tax measure increased to 70.4 percent with 23.6 percent opposed and 5.9 percent undecided or declined to state after informational statements were read describing programs that would be funded by the tax.

After various arguments against extending the tax until were read, voter support for extending the tax dropped to 57.8 percent, 33.1 percent opposed, and 9.2 percent decline to state or did not know.

Voters responded most favorably to extending the one-half cent sales tax untilended by voters. When surveyed for a 12-year term, the support dropped to 57.5 percent support.

City Council/RSA Agenda 145 Tuesday, April 26, 2022
The community survey indicates that there is public support for extending the one-half cent sales tax until ended by voters, especially for funding public safety, public works maintenance, programs for youth and seniors, and recreational programs.

Next Steps
The next steps are to implement a communications and outreach plan to educate the community (see Attachment 2). In May and June staff will hold stakeholder meetings. On June 28, staff will return to Council seeking authorization to draft an election resolution and sales tax ordinance and receive any feedback. On July 12, staff will seek the finalauthority to place the one-half cent sales tax extension on the November 2022 ballot.

This action will require a four-fifths vote of approval by the City Council. Should the Council proceed with placing the sales tax extension on the ballot, an independent advocacy group would need to be responsible for allcommunications thereafter.

The Alameda County Registrar of Voters deadline to receive the City Council Resolution and Ordinance for placement on the November 2022 ballot is Friday, August 12, 2022.

FISCAL IMPACT
There is no fiscal impact to the General Fund for the City Council to hear the polling results and the planned outreach program. The City Councilauthorized funding the survey and community outreach program through the adoption of Resolution 5879-22 at the January 11, 2022, meeting.

RECOMMENDATION
Staff recommends that the City Council hear a report from Godbe Research and TBWBH Props and Measures on the March 2022 Survey of Union City voter attitudes on extension of the one-half cent sales tax, planned public information program, and ask clarifying questions.

Prepared by:

Mark Evanoff, Deputy City Manager
Submitted by:

Mark Evanoff, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1: Union City Survey Survey Results Attachment Attachment 2: TBWBHProps and Measures Public Information Calendarand Scope of Work
Attachment
Power Point Attachment
City Council/RSA Agenda 146 Tuesday, April 26, 2022

March 2022
City of Union City:2022 Sales Tax SurveyMarch 2022
City Council/RSA Agenda 147 Tuesday, April 26, 2022

March 2022
Overview and Research ObjectivesThe City of Union City commissioned Godbe Research to conduct a survey of local voters with the following research objectives:  Assess opinion on the City’s efforts to address the coronavirus crisis;  Gauge the public’s perceptions of where the economy is headed, satisfaction with the provision of City services, and the City’s management of public funds;  Assess potential voter support for a sales tax measure to protect and maintain funding for City services that cannot be taken by the State;  Prioritize projects and programs to be funded with the proceeds;  Test the influence of informational and critical statements on potential voter support;
 Identify the duration at which voters will support the measure; and Identify any differences in voter support due to demographic and/or voter behavioral characteristics.

City Council/RSA Agenda 148 Tuesday, April 26, 2022

March 2022
Methodology Overview
 Data Collection Landline (19), cell (136), text to online (222), and email to online (59) interviewing
 Universe 20,231 Likely November 2022 Voters Fielding Dates March 8 to March 22, 2022 Interview Length 22 minutes Sample Size n=435 Margin of Error ± 4.65% The data have been weighted to reflect the actual population characteristics of likely voters in the City of Union City in terms of their gender, age, and political party type.

City Council/RSA Agenda 149 Tuesday, April 26, 2022

March 2022
Key Findings
City Council/RSA Agenda 150 Tuesday, April 26, 2022

March 2022
Q1. Favorability Rating of How the City is Addressing the COVID CrisisLikely November 2022 Voters Very favorable

29.1%
Somewhat
favorable

39.1%
Somewhat
unfavorable

5.3%
Very
unfavorable

4.9%
DK/NA

21.5%
July 2021 2022
Total Favorable 64.6% 68.3%Total Unfavorable 12.7% 10.2%Ratio Fav to Unfav 5.09 6.7 City Council/RSA Agenda 151 Tuesday, April 26, 2022

March 2022
Q2. Opinion on Direction of Economy in 6 to 8 MonthsLikely November 2022 Voters Better

25.0%
About the same

29.3%
Worse

36.2%
DK/NA

9.5%
City Council/RSA Agenda 152 Tuesday, April 26, 2022

March 2022
Q3. Favorability Rating of City’s Provision ofServicesLikely November 2022 Voters Very favorable

23.5%
Somewhat
favorable

41.7%
Somewhat
unfavorable

17.2%
Very
unfavorable

6.4%
DK/NA

11.3%
July 2021 2022
Total Favorable 56.4% 65.1%Total Unfavorable 20.6% 23.6%Ratio Fav to Unfav 2.74 2.8 City Council/RSA Agenda 153 Tuesday, April 26, 2022

March 2022
Q4. Favorability Rating of the City’s Management of Public FundsLikely November 2022 Voters Very favorable

14.5%
Somewhat
favorable
Somewhat 32.3%
unfavorable

21.1%
Very
unfavorable

9.4%
DK/NA

22.6%
July 2021 2022
Total Favorable 33.6% 46.9%Total Unfavorable 44.8% 30.5%Ratio Fav to Unfav 0.75 1.5 City Council/RSA Agenda 154 Tuesday, April 26, 2022

March 2022
Q5/6. Uninformed Support for Sales Tax MeasureLikely November 2022 Voters To protect and maintain funding for Union City services, that the State cannot take, including: • 911 emergency response;• disaster preparedness;• neighborhood police patrols;• fire protection;• street and pothole repair;• senior and youth programs; • city parks; and• (Q5: other city services) (Q6: for general government use);
shall the measure extending the existing voter-approved sales tax without increasing the current 1/2¢ rate, raising $6.6 million dollars annually, until ended by voters, including annual audits, independent citizen oversight, and all funds staying local, be adopted? Probably
No

12.7%
DK/NA

9.6%
Definitely
No

16.9%
Definitely Yes

30.9%
Probably Yes

29.9%
Total Support

60.8%
City Council/RSA Agenda 155 Tuesday, April 26, 2022

March 2022
Q7. Features of the Measure ILikely November 2022 Voters Note: The above rating questions have been abbreviated for charting purposes, and responses were recoded to calculate mean scores: “Much More Likely” = +2, “Somewhat More Likely” = +1, “No Effect” = 0, “Somewhat Less Likely” = -1, and “Much Less Likely” = -2.

Somewhat
More Likely
Somewhat
Less Likely
Much Less
Likely
-2 -1 0 1 2
P. Maintain recreation programs including the Sport
s
Center, Kids Camps, and after-school recreational…
B. Maintain senior and youth programs
I. Maintain emergency and disaster preparedness
programs, including for a public health crisis
F. Maintain neighborhood police patrols
H. Maintain fire protection services
E. Maintain paramedic services
A. Maintain street and pothole repair
D. Maintain 911 emergency response
K. Keep fire stations open and fully staffed

1.01 1.02

1.05 1.10

1.12 1.15

1.16 1.20

1.20 Much More
Likely
Tier 1

71.7%74.5%
City Council/RSA Agenda 156 Tuesday, April 26, 2022