Agenda packet, regular meeting — Union City City Council, February 14, 2023 (part 1 of 2)

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 14, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
This 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 Gary Singh
Councilmember Jaime Patiño
Councilmember Scott Sakakihara
Councilmember Jeff Wang

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation Recognizing February as Black History Month

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.

City Council/RSA Agenda 1 Tuesday, February 14, 2023
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 January 24, 2023 And February 7, 2023

5.c. Adopt A Resolution Awarding A Contract To Owen Equipment For The Purchase Of Two Street Sweepers, City Project No. 22-23, In The Amount Of $944,200, Declaring Two Street
Sweepers As Surplus And Authorizing Their Sale At Auction

5.d. Adopt A Resolution Authorizing An Amendment To The Authorized Position List Of The Fiscal Year 2022-23 Operating Budget To Remove One Lead Outreach Worker Position And
Add One Case Manager Position In The Youth And Family
Services Division, Community & Recreation Services
Department

5.e. Adopt a Resolution Appointing Individuals To Serve On The Sales Tax And Utility Users’ Tax Oversight Committee
(Oversight Committee) For A Two-Year Term Expiring March 23, 2025

5.f. Adopt A Resolution Authorizing The Addition Of One Police Office Assistant (POA) Position

5.g. Adopt A Resolution Accepting Completion Of The 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01

5.h. Adopt A Resolution Accepting Completion Of The Union Landing Gateway Walls Improvement Project, City Project No. 21-23

5.i. Adopt A Resolution Authorizing City Staff To File Annual Funding Applications With The Metropolitan Transportation Commission For Allocation Of Funds For The Operation Of Union City Transit And Paratransit For Fiscal Year 2022-2023

5.j. Adopt A Resolution Approving The Second Amendment To The City Council/RSA Agenda 2 Tuesday, February 14, 2023
Consulting Services Agreement With Aaron Welch Planning (C5386), For Contract Planning Services, To Extend The
Expiration Of The Agreement To December 31, 2024 And To Increase The Agreement Amount By $100,000, For A Total Not To Exceed Amount Of $275,000, And Authorizing The City
Manager To Execute The Amendment In A Form Approved By
The City Attorney

5.k. Adopt A Resolution Approving The Renewal Of A Microsoft Enterprise Agreement With Softchoice Corporation, Inc., For A Three-Year Term, In A Not-To-Exceed Aggregate Sum Of
$438,157.83 And Authorizing The City Manager To Execute The Agreement In A Form Approved By The City Attorney

5.l. Adopt A Resolution Approving A Retitle To The Youth And Family Services Manager Position To Community Services
Manager, Approving The Side Letter Between The City Of
Union City And The Management Employees’ Group, And
Approving An Amendment To The Classification &
Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Adopt A Resolution Approving A Memorandum Of
Understanding Between The City Of Union City, City Of Newark, City Of Fremont, Union Sanitary District, And Alameda County Water District For The Preparation Of The Multi-Jurisdictional Local Hazard Mitigation Plan

7.b. Adopt A Resolution To Approve A Post-Retirement
Employment Letter With Lisa Achen As A Retired Annuitant To Serve As The Interim Human Resources Director Pursuant To Government Gode Sections 21221(h)

7.c. Consider Adopting A Resolution Amending The Fiscal Year 2022-2023 General Fund Budget By Appropriating An
Additional $3,000 To The City Council’s Travel & Training Budget For Councilmember Jaime Patino To Attend The
National League Of Cities Congressional City Conference In Washington, D.C., From March 26-28, 2023

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

13. GOOD OF THE ORDER
City Council/RSA Agenda 3 Tuesday, February 14, 2023

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
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.

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.

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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.

City Council/RSA Agenda 4 Tuesday, February 14, 2023

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

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Please click the link below to join the webinar:
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Dial US: +1 408 638 0968 or +1 646 518 9805 or +1 213 338 8477 or +1 301 715 8592 Webinar ID: 817 1903 7355
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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.

City Council/RSA Agenda 5 Tuesday, February 14, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 6 Tuesday, February 14, 2023

CITY OF UNION CITY

PROCLAMATION
Honoring February 2023 as
Black History Month

WHEREAS, Black History Month would not be possible without the creation of "Negro History Week" in 1926. Famous historian Dr. Carter G. Woodson and the Association for the Study of Negro Life and History proclaimed the second week of February to be observed as "Negro History Week"; and
WHEREAS, the first Black History Month observance took place in February 1970, one year after being proposed by Black educators and students at Kent State University in 1969. Black History Month is now observed in the United States, Canada, and the United Kingdom; and
WHEREAS, Black History Month is a chance for Americans to learn details of their nation’s history that are often neglected, and

WHEREAS, this year’s theme for Black History Month, “Black Resistance”, looks at how African Americans have resisted historic and ongoing oppression, through tireless advocacy for a dignified, self-determined life in a just democratic society in the United States and beyond the United States political jurisdiction; and WHEREAS, by resisting, Black people have achieved triumphs, successes, and progress as seen in the end of chattel slavery, the dismantling of Jim and Jane Crow segregation in the South, the increased political representation at all levels of government, the desegregation of educational institutions, the passage of Civil Rights Act of 1964, the opening of the Smithsonian National Museum of African American History in Washington, D.C., and the increased and diversified representation of Black experiences in media; and WHEREAS, Black resistance strategies have served as a model for every other social movement in the country, thus, the legacy and importance of these actions cannot be understated; and WHEREAS, a wise nation honors and learns from its past, as what happened in the past shapes and informs where we are heading in the future and it is of paramount importance to set aside a month for learning as much as we can about Black history; and WHEREAS, the City ofUnion City willcontinuetowork toward becoming an inclusivecommunity inwhich all citizens— past, present, and future—are respected and recognized for their contributionsto our community.

NOW, THEREFORE, the City Council of the City of Union City, does hereby proclaim February 2023 as Black History Month. and encourages all citizens to celebrate our diverse heritage and culture.

DATED this 14th day of February 2023
__________________________________
CAROL DUTRA-VERNACI, Mayor
__________________________________
GARY SINGH, Vice Mayor
__________________________________
JAIME PATIÑO, Councilmember
__________________________________
SCOTT SAKAKIHARA, Councilmember
__________________________________
JEFF WANG, Councilmember

City Council/RSA Agenda 7 Tuesday, February 14, 2023
Agenda Item
ATTACHMENTS:

Description Type
Draft Min - Sp 01242023 Attachment
Draft Min - Reg 01242023 Attachment
Draft Min - Sp 02072023 Attachment
City Council/RSA Agenda 8 Tuesday, February 14, 2023

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, January 24, 2023
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 Patiño, Sakakihara, Wang, Vice Mayor Singh, 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
Charles Flescher, 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 9 Tuesday, February 14, 2023

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:50 p.m. with no reportable action.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 10 Tuesday, February 14, 2023

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, January 24, 2023
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 7:10 p.m.

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

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

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS - None

4. ORAL COMMUNICATIONS
Public comment given by Union City resident, Wendy Huang.

5. CONSENT CALENDAR
It was moved by Vice Mayor Singh and seconded by Councilmember Patiño to approve consent calendar items 5.a. through 5.i. The motion was carried by a 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.)

5.b. Approved The Minutes Of The City Council Meetings Held On January 10, 2023 and January 12, 2023
City Council/RSA Agenda 11 Tuesday, February 14, 2023

5.c. Adopted Resolution No. 6069-23 Approving The Union City Transit And Paratransit Title VI Program

5.d. Adopted Resolution No. 6070-23 Authorizing City Staff To File Applications With The Federal Transit Administration (FTA) Through Concurrence Of The Regional Metropolitan Planning Organization (MPO), The Metropolitan Transportation Commission (MTC), For Grant Assistance Under The Currently Enacted Infrastructure Investment And Jobs Act, Referred To As Bipartisan Infrastructure Law (BIL) Act, Authorizing Federal Transportation Funding

5.e. Received Informational Report On The Proposed Budget Calendar For The Preparation Of The Biennial Operating Budget For Fiscal Years 2023- 2024 And 2024-2025 And The Five-Year Capital Improvement Plan For Fiscal Years 2023-2024 Through 2027-2028

5.f. Adopted Resolution No. 6071-23 Approving An Amendment To The City’s Classification & Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.g. Adopted Resolution No. 6072-23 Approving An Amendment To The Classification & Compensation Plan And Adopting A Side Letter Between The City Of Union City And The Professional Employees’ Group To Create The Position Of Lead Payroll Technician, Reclassify A Payroll Technician To The Lead Payroll Technician, And Approving An Amendment To The City’s Classification & Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.h. Adopted Resolution No. 6073-23 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 January 24 Pursuant To AB 361

5.i. Adopted Resolution No. 6074-23 Approving A Salary Increase To The Cyber Security Manager Position, Approving The Side Letter Between The City Of Union City And The Management Employees’ Group And Approving An Amendment To The Classification & Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Informational Report on Homelessness in Union City Deputy City Manager Jennifer Phan presented the staff report, providing detailed information on the following:
• The City’s Homelessness Task Force
• Options for the City of Union City
• Point In Time Census
• Coordinated Entry System
City Council/RSA Agenda 12 Tuesday, February 14, 2023
• Homelessness Resources, including CAREavan Safe Parking • Business Community Engagement
• Gaps and Barriers in Housing Options
• Gaps and Barriers in Staffing and Funding
• Future Grant Opportunities
• Alameda County’s Home Together 2026 Community Plan
Deputy City Manager Phan and Homeless Program Coordinator, Jesus Garcia, and Housing and Community Development Manager, Francisco Gomez responded to questions from Council. Councilmembers provided comment.

Public comment was provided by a Union City resident, Wendy Huang.

The item was informational only and required no formal action of the Council.

7.b. Adopt a Resolution Terminating the Local Emergency Due to COVID-19 Effective February 28, 2023
City Attorney Kris Kokotaylo presented the staff report, explaining the rationale for terminating the local emergency. City Attorney Kokotaylo noted that the eviction moratorium ordinance and COVID-19 Use Permit ordinance will terminate as well. Staff responded to questions from Council. Councilmembers provided comment.

It was moved by Vice Mayor Singh and seconded by Councilmember Wang to adopt Resolution No. 6075-23 Terminating the Local Emergency Due to COVID-19 Effective February 28, 2023. The motion was carried by a 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 Wang reported on his attendance of the Youth Commission and Alameda County Waste Management Authority Programs & Administration Committee meetings and the League of California Cities (“LOCC”) 2023 New Mayors and Council Members Academy in Sacramento, CA.

Vice Mayor Singh reported on his attendance of the Library Commission meeting.

Councilmember Sakakihara reported on his attendance of the Parks and Recreation Commission meeting and the Metropolitan Transportation Commission’s Regional Network Management Business Case Progress Update.

He will attend the orientation for the Stop Waste Board and the LOCC’s Revenue and Taxation Policy Committee meeting later this week. Beginning next month, he will attend meetings of the Alameda County Housing Authority.

City Council/RSA Agenda 13 Tuesday, February 14, 2023
Councilmember Patiño reported on his attendance of an orientation for the LOCC’s Governance, Transparency, and Labor Relations Policy Committees, the LOCC East Bay Mixer, and the East Bay Community Energy Board Meeting.

Councilmember Patiño requested an item be added to the next agenda to discuss authorization for him to attend the National League of Cities Congressional City Conference.

Mayor Dutra-Vernaci asked if there were two (2) additional councilmembers who would agree to place an item on the next agenda. Councilmembers Singh and Wang agreed to place the matter on agenda for the meeting of February 14.

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

13. GOOD OF THE ORDER
Councilmember Wang thanked all who attended and assisted with the Lunar New Year celebration over the weekend; the police presence helped attendees feel safe in the wake of the recent shootings.

Councilmember Patiño reported on his attendance of the first meeting of 2023 for the Hispanic Elected Local Officials. Councilmember Patiño offered his condolences to those effected by the recent shootings in Monterey Park and Half Moon Bay.

Mayor Dutra-Vernaci requested that the fan in Council Chambers not be on during the next meeting.

14. CLOSED SESSION - None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:58 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 14 Tuesday, February 14, 2023

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, February 7, 2023
5:00 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 5:00 p.m.

Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, 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
Charles Flescher, 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, February 14, 2023

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 5:58 p.m. with no reportable action.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 16 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AWARDING A CONTRACT TO OWEN

EQUIPMENT FOR THE PURCHASE OF TWO STREET SWEEPERS, CITY PROJECT NO. 22-23, IN THE AMOUNT OF $944,200, AND DECLARING

TWO STREET SWEEPERS AS SURPLUS AND AUTHORIZING THEIR

SALE AT AUCTION
Staff recommends that the City Council adopt a resolution awarding a contract to Owen Equipment for the purchase of two Street Sweepers, City Project No. 22-23, in the amount of $944,200, declaring two Street Sweepers as surplus and authorizing their sale at auction.

The $944,200 amount includes the funds to purchase the vehicles plus a 20% contingency for any possible manufacturer increases. Following their purchase and delivery, two existing Street Sweepers are to be taken out of service, declared surplus and disposed of by public auction.

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.

Replacement for Units 475 & 476 will be single engine Sweepers, which will be more energy efficient and reduce our carbon footprint.

BACKGROUND
As part of the City’s ongoing vehicle replacement program, staff has determined that the Street Sweepers listed below are no longer practical for municipal use.

City Council/RSA Agenda 17 Tuesday, February 14, 2023

UNIT DEPT YEAR AGE MAKE MODEL VIN
475 PW 2012 10 ELGIN CROSSWIND 1FVACXDT4CHBP0741
476 PW 2010 12 ELGIN CROSSWIND JNAPC81L1AAF80048
Given the age, mileage and condition of the existing Street Sweepers listed for replacement, their continued utilization in the City’s fleet is not recommended. Older Street Sweepers have higher maintenance costs and are less reliable, including challenges in finding replacement parts and passing opacity testing without the potential for significant repairs.

DISCUSSION
The following Street Sweeper replacements are recommended as noted below and on Attachment No. 1:

1. Unit 475, a 2012 Elgin Crosswind Street Sweeper used by the Streets Division staff, is being recommended for replacement with a new 2023 Elgin Crosswind Street Sweeper.

2. Unit 476, a 2010 Elgin Crosswind Street Sweeper used by the Streets Division staff, is being recommended for replacement with a new 2023 Elgin Crosswind Street Sweeper.

The City’s Public Works Fleet Division sought and received a proposal from Owen Equipment, in the amount of $790,000, to furnish replacement Street Sweepers. Street Sweeper purchases are available under a Sourcewell cooperative agreement, government purchasing contract #093021-ELG. Sourcewell ensures competitive pricing through a national request for proposals process that leverages the purchasing power of member agencies while streamlining purchasing procedures. This enables the City to legally purchase discounted vehicles through Sourcewell-awarded contracts.

FISCAL IMPACT
The totalcost for the 2023 Street Sweepers replacements is $944,200, which includes the cost to purchase two new Street Sweepers plus a 20% contingency for any possible manufacturer increases.

On June 14, 2022, the City Council adopted Resolution No. 5951-22 adopting a List of Projects for Fiscal Year 2022-2023 funded by SB-1: The Road Repair and Accountability Act of 2017, estimated at $1,658,973, and the List of Projects includes the Streets Sweeper Replacement Project, City Project No. 22-23. In addition to the SB-1 Funds (Fund 2515), the project may also be funded with remaining fund balances from the Garage Equipment Replacement Fund (Fund 6122) and the Clean Water Fund (Fund 2580) as noted below. The final funding allocation will be included in the FY 2023-2024 budget and will likely be allocated as follows:

Funding Source
FY2023-2024
Garage
Equipment
Replacement
Fund
FY2023-
2024 Clean
Water
Program
Fund
FY2022-2023
SB-1 Road
Maintenance
and Rehab
Fund
Total
Project
Budget
(2580-3199-
City Council/RSA Agenda 18 Tuesday, February 14, 2023
Account Number
(6122-3151-
92223-57130)
92223-
57130)
(2515-3199-
92223-57130)
Unit 475 - Street Sweeper 130,000 132,300 131,115 $ 393,415 Unit 476 - Street Sweeper 130,000 132,300 131,115 $ 393,415 20% Contingency 50,000 54,000 53,370 $ 157,370
Totals $ 310,000 $ 318,600 $ 315,600 $ 944,200
Pursuant to the provisions of Union City’s Municipal Code Section 2.32.130, surplus Street Sweepers may be prepared for auction. Proceeds from the auction will be credited to the Garage Equipment Replacement Fund (Fund 6122) to be available for future vehicle replacements.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution that:

1. Awards a contract to Owen Equipment for the purchase of two Street Sweepers, City Project No. 22-23, in the amount of $944,200.

2. Declares two existing City Street Sweepers as surplus, to be disposed of by public auction, and the proceeds to be deposited into the Garage Equipment Replacement Fund (Fund 6122).

Prepared by:

Bob Calderon, Public Works Fleet Supervisor
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - 2022 Sweeper Replacement Program Attachment Resolution - Street Sweepers Resolution
City Council/RSA Agenda 19 Tuesday, February 14, 2023

PUBLIC WORKS DEPARTMENT - FLEET DIVISION
DECEMBER 2022 VEHICLE REPLACEMENT PROGRAM
Updated December 04 2022

EXISTING CITY VEHICLES RECOMMENDED REPLACEMENT
# OF

EXISTIN

G UNIT DEPT YEAR AGE MAKE MODEL VIN

LICENSE
PLATE MILEAGE *NOTES
# OF

NEW YEAR MAKE MODEL TYPE COLOR
*VEHICLE
COST

UPFITTING

COST TOTAL
1 475 PW 2012 10 Elgin Crosswind 1FVACXDT4CHBP0741 1409701 73,862 See note
1 1 2023 Elgin Regen X1
STREET
SWEEPER WHT $393,415.01 $0.00 $393,415.01
2 476 PW 2010 12 Elgin Crosswind JNAPC81L1AAF80048 1309043 86,496 See note
2 2 2023 Elgin Regen X1
STREET
SWEEPER WHT $393,415.01 $0.00 $393,415.01
TOTAL $786,830.02 $0.00 $786,830.02
*20%
CONTINGENCY $157,366.00
TOTAL $944,196.02
ROUND TO $944,200.00
*NOTES: Elgin Street Sweeper Sourcewell contract #93021-ELG 1 - Given the age, mileage and condition of the vehicles listed for replacement, their continued utilization in the City’s fleet is not recommended as it would lead to higher maintenance costs and unreliability. 2- Owen Equipment has committed to reduce the cost of each sweeper three (3) percent with a commitment from the city to purchase two (2) sweepers. 3- A twenty (20) percent contingency has been added to cover any possible manufacturer increases.

City Council/RSA Agenda 20 Tuesday, February 14, 2023
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AWARDING A

CONTRACT TO OWEN EQUIPMENT FOR THE PURCHASE OF TWO STREET SWEEPERS, CITY PROJECT NO. 22-23, IN THE AMOUNT OF $944,200, AND

DECLARING TWO STREET SWEEPERS AS SURPLUS AND AUTHORIZING THEIR

SALE AT AUCTION
WHEREAS, two existing City Street Sweepers in the Public Works Department are due for replacement due to their age, mileage, and condition; and WHEREAS, the two Street Sweepers recommended for purchase that will replace those mentioned above are available under a Sourcewell cooperative agreement government purchasing contract through Owen Equipment; and
WHEREAS, under the Sourcewell agreement, the recommended purchase price for each of the street sweepers is $393,415 each, totaling $786,830 for the two street sweepers; and WHEREAS, the total cost for the replacement of the two existing City Street Sweepers is being estimated at $944,200, which includes the purchase of these two new Street Sweepers plus a 20% contingency ($157,370) for any possible manufacturer increases; and WHEREAS, two existing City Street Sweepers have been presented to the City Council to be declared surplus upon purchasing the replacement Street Sweepers, with the surplus Street Sweepers to be disposed of at auction, in accordance with provisions of the City’s Municipal Code Section 2.32.130; and
WHEREAS, proceeds from the sale of the surplus Street Sweepers will be credited to the Garage Equipment Replacement Fund (Fund 6122); and
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5951-22 adopting a List of Projects for Fiscal Year 2022-2023 funded by SB-1: The Road Repair and Accountability Act of 2017, estimated at $1,658,973, and the List of Projects includes the Street Sweeper Replacement Project, City Project No. 22-23; and
WHEREAS, in addition to the SB-1 Funds (Fund 2515), this project may also be funded with remaining fund balances from the Garage Equipment Replacement Fund (Fund 6122) and the Clean Water Fund (Fund 2580). The final funding allocation will be included in the FY 2023-2024 budget and will likely be allocated as follows: SB-1: Road Maintenance and Rehab funds in the amount of $315,600, Garage Equipment Replacement funds in the amount of $310,000 and Clean Water Program funds in the amount of $318,600, totaling $944,200.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the purchase of two street sweepers, including a 20% contingency, for the total amount of $944,200 for the Street Sweeper Replacement Project, City Project No. 22-23.

City Council/RSA Agenda 21 Tuesday, February 14, 2023
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby awards a contract to Owen Equipment, in the amount of $944,200, which includes a 20% contingency, to purchase the two vehicles as part of the Street Sweepers Replacement Project, City Project No. 22-

23. BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby declares two existing City Street Sweepers as surplus, to be sent to public auction, and that the proceeds from their sale will be credited to the Garage Equipment Replacement Fund (Fund 6122).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14
th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 22 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AUTHORIZED POSITION LIST OF THE FISCALYEAR 2022-23

OPERATING BUDGET TO REMOVE ONE LEAD OUTREACH WORKER

POSITION AND ADD ONE CASE MANAGER POSITION IN THE YOUTH

AND FAMILY SERVICES DIVISION, COMMUNITY & RECREATION

SERVICES DEPARTMENT
Staff recommends that the City Council adopt a resolution authorizing an amendment to the Authorized Positions List of the Fiscal Year 2022-23 operating budget to remove one Lead Outreach Worker position and add one Case Manager position in the Youth and Family Services Division, Community & Recreation Services Department.

STRATEGIC PLAN ALIGNMENT
Goal B.: Governance and Organizational Effectiveness
Strategy 9: Identify mandated / non-mandated functions and changes needed in each department to ensure proper balance based on available resources and align services to staff resources.

BACKGROUND
The YFS Division was formed in 2009 to address the significant increase in youth violence and homicides in Union City. Under the Community & Recreation Services Department, the YFS Division was modeled after the Project Ceasefire program that was used in cities across the country to prevent youth gun violence. The YFS staff who provided direct client services included Intervention Counselors, Case Managers, Youth Employment Coordinators, and a team of Street Outreach Workers. At that time, the use of Street Outreach Workers in city programs was unique. Their role was to seek out and connect with at-risk youth in the community to engage the youth, form mentoring relationships, provide links to needed services, and advocate on their behalf. Street Outreach Workers often were from the community and had life experience in gangs or street organizations. A component of their work duties included walking the streets including Friday nights, City Council/RSA Agenda 23 Tuesday, February 14, 2023
frequenting areas where youth congregated and attempt to engage at-risk youth who were not typically served by mainstream services. Client referrals often came from the Alameda County Probation Department and law enforcement. The early funding sources for YFS programs were the Public Safety Parcel Tax and grants from the Alameda County Probation Department.

The use of Street Outreach Workers has been very successful in the past, but the needs and habits of the young people in this community have changed with the use and availability of technology in day-to-day living. The current YFS model focuses more on early prevention and intervention using counseling and case management services as well as working with clients and families on mental health and positive parenting techniques. The role and duties of the Lead Outreach Worker has also changed dramatically. Most of their work is no longer conducted in the streets and parks of the community.

DISCUSSION
Today there is a larger demand for YFS to provide counseling and case management services for the youth that are on the YFS waitlist, and less of a need to conduct outreach to identify potential youth at-risk. Staff predominantly works in the schools at alternate program locations, including the Decoto Resource Center and Kennedy Youth Center, and in some cases virtually. Youth are identified of needing support services earlier than in the past through the use of the YFS Referral System and a close connection with school district staff, law enforcement, the Union City Family Center, as wellas direct referrals from families.

YFS continues to be reliant on continued grant funding from the Alameda County Probation Department, which is focusing on funding direct services to the youth with their families and less emphasis on street outreach. Under the newly released Alameda County Probation DPN Youth Service Center Grant outline, the Street Outreach Workers will not be reimbursable by the grant funds that YFS currently receives from the County, while services provided by a Case Manager can be charged to grant funds. Changing the vacant Lead Outreach Worker position to a Case Manager position will provide similar client services in a broader capacity to both groups and individuals plus carry a larger case load than a Lead Outreach Worker, as well as being reimbursable by grant funds.

FISCAL IMPACT
The above changes will increase expenditures by $284 a month at the top step, or $3,408 annually. The additional cost is expected to be reimbursed by grant funds from the released Alameda County Probation DPN Youth Service Center Grant or cannabis community benefit funds. No impact to the General Fund is anticipated.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing an amendment to the Authorized Positions List of the Fiscal Year 2022-23 operating budget to remove one Lead Outreach Worker position and add one Case Manager position in the Youth and Family Services Division, Community & Recreation Services Department.

Prepared by:

Corina Hahn, Community & Recreation Services Director
City Council/RSA Agenda 24 Tuesday, February 14, 2023
Submitted by:

Corina Hahn, Community & Recreation Services Director
ATTACHMENTS:

Description Type
Reso for Case ManagerAuthorized Positions List Resolution City Council/RSA Agenda 25 Tuesday, February 14, 2023
CITY COUNCIL RESOLUTION NO. XXXX-23
ADOPT A RESOLUTION AUTHORIZING AN AMENDMENT TO THE AUTHORIZED POSITION LIST OF THE FISCAL YEAR 2022-23 OPERATING BUDGET TO

REMOVE ONE LEAD OUTREACH WORKER POSITION AND ADD ONE CASE

MANAGER POSITION IN THE YOUTH AND FAMILY SERVICES DIVISION,

COMMUNITY & RECREATION SERVICES DEPARTMENT
WHEREAS, an amendment to the Authorized Position List is required in order to better support City services and provide the appropriate staffing levels and skills to meet the City Council’s Strategic Plan goals and strategies; and WHEREAS, the Lead Outreach Worker position in the Youth and Family Services Division (YFS) has been successful in the past, but the needs and habits of the young people in this community has changed in the last several years, particularly with the use and availability of technology in day-to-day living; and WHEREAS, the current YFS model focuses on early prevention and intervention using counseling and case management services as well as working with clients and families on mental health and positive parenting techniques; and WHEREAS, there is now a demand for YFS to provide counseling and case management services for the youth that are on the YFS waitlist; and WHEREAS, grant funds will reimburse for case manager activities, but not street outreach workers activities; and
WHEREAS, one additional Case Manager Position shall be added to the Authorized Positions List for a total of three Case Manager Positions; and WHEREAS, one Lead Outreach Worker Position shall be removed from the Authorized Positions List; and
WHEREAS, the modification to the Authorized Positions List will increase expenditures by $284 a month at the top step, or $3,408 annually; and WHEREAS, the additional cost will be reimbursed by grant funds from Alameda County Probation DPN Youth Service Center Grant or cannabis community benefit funds, and;
WHEREAS, additional budget appropriations are not requested at this time.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Union City hereby authorizes an amendment to the Authorized Position List of the Fiscal Year 2021-22 and 2022-23 Operating Budget.

City Council/RSA Agenda 26 Tuesday, February 14, 2023
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
______________________________ ______________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 27 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION APPOINTING INDIVIDUALS TO SERVE ON THE

SALES TAX AND UTILITY USERS' TAX OVERSIGHT COMMITTEE FOR A TWO-YEAR TERM EXPIRING ON MARCH 23, 2025
Staff has prepared a resolution appointing individuals to serve on the Sales Tax and Utility Users’ Tax Oversight Committee (Oversight Committee).

STRATEGIC PLAN ALIGNMENT
Goal E: Communication & Outreach
Strategy 1: Conduct outreach and community education about the City services, financial resources, areas of cost, and impacts of failed ballot measures on city services.

Strategy 4: Enhance the role boards and commissions play in communicating the City’s interests through training and routine engagement.

BACKGROUND
On March 23, 2021, the City Council adopted Resolution No. 5735-21 forming the Sales Tax and Utility Users’ Tax Oversight Committee (Oversight Committee), and approving the Mayor's appointments to the Committee, each serving a two-year term set to on March 23, 2023.

The Oversight Committee is a five-member committee that meets two times a year to review and annually report on the revenue and expenditure of funds from the voter-approved utility users’ tax and half-cent sales tax.

The five members of this committee consist of:

One member of the Human Relations Commission
One member of the Planning Commission
One member of the Parks and Recreation Commission
One member of the Senior Commission
One citizen member at-large
City Council/RSA Agenda 28 Tuesday, February 14, 2023

DISCUSSION
Committee members are appointed by the Mayor with approval from Council.

Mayor Dutra-Vernaci appoints the following individuals to the Sales Tax and Utility Users’ Tax Oversight Committee:

Seyi Mccleland from the Planning Commission
Larry Gissible from the Senior Commission
Albert Chin from the Parks and Recreation Commission
Kashmir Singh Shahi from the Human Relations Commission Robert Singer as the citizen member at-large
Committee members shall serve a two-year term beginning March 23, 2023 and expiring March 23, 2025.

FISCAL IMPACT
There is no fiscal impact associated with this action.

RECOMMENDATION
Staff recommends approval of the resolution appointing individuals to serve on the Sales Tax and Utility Users’ Tax Oversight Committee (Oversight Committee) for a two-year term expiring March 23, 2025.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 29 Tuesday, February 14, 2023
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE

MAYOR'S APPOINTMENTS OF SEYI MCLELLAND, LARRY GISSIBLE, ALBERT CHIN,

KASHMIR SINGH SHAHI AND ROBERT SINGER TO THE SALES TAX AND UTILITY USERS’ TAX OVERSIGHT COMMITTEE
WHEREAS, the City established the Sales Tax and Utility Users’ Tax Oversight Committee and appointed committee members on March 23, 2021 by Resolution No. 5735-21; and WHEREAS, members were appointed to serve a two-year term, expiring March 23, 2023; and WHEREAS, committee members are appointed by the Mayor with approval from Council.

NOW, THEREFORE, BE IT RESOLVED, that the following individuals to the Sales Tax and Utility Users’ Tax Oversight Committee for a full, two-year term, beginning March 23, 2023 and expiring March 23, 2025:
 Seyi Mcclelland from the Planning Commission
 Larry Gissible from the Senior Commission
 Albert Chin from the Parks and Recreation Commission
 Kashmir Shahi Singh from the Human Relations Commission  Robert Singer as citizen member at-large
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February, 2023, 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 30 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHIEF JARED RINNETI
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ADDITION OF ONE

POLICE OFFICE ASSISTANT (POA) POSITION
Staff recommends that the City Council authorize one additional full-time Police Office Assistant position to the Union City Police Department. This position willaddress emerging legal, procedural, and staffing demands of the Records Unit.

STRATEGIC PLAN ALIGNMENT
Goal C: Economic, Community Development and Public Safety Strategy 13:Align Public Safety Services with Community Needs

BACKGROUND
The Police Department has identified the need to address emerging legal and procedural demands of its Records Unit. The addition of one Police Office Assistant (POA) position is necessary to address these demands and assist in aligning with industry standards and best practices.

DISCUSSION
The Union City Police Department’s (UCPD) Records Unit operates under the Support Services Division and consists of a supervisor, three Police Office Assistants (POA) and one part-time Cadet. The Records Unit processes all police reports, including preparing copies for community members, the District Attorney’s Office, insurance companies, and other public agencies. The Records Unit also is responsible for compiling statistical data for national reporting as well as providing services related to citation payments, permit processing, report requests, citation sign-offs and local records checks.

Over the past several years, new laws and court rulings have created new requirements for the Records Unit.

The increased workload has caused intermittent delays in the ability to complete essential tasks, which in turn, inhibits the ability to provide a high level of service to our community. The police department has been able to temporarily mitigate some of these challenges through extended hours and additional workdays in the form of City Council/RSA Agenda 31 Tuesday, February 14, 2023
overtime; however, this solution is temporary and not sustainable. Additional staff is needed to address the increasingly steep trajectory of added records related responsibilities associated with 21 st Century Policing.

The below list includes only a fraction of the legal and procedural changes that have altered our ability to provide a high level of service to our community.

CONTRIBUTING LEGAL AND PROCEDURAL CHANGES
Prior to 2014, the Records Unit consisted of one full-time POA and one part-time Cadet. Although this was a small staff, they were supported by a full-time dispatch center whose staff members were crosstrained in records-related duties and worked in that capacity during non-peak hours. Dispatchers performed functions related to processing citations, crime data reporting, report preparation, filing and distribution of reports. In October 2014, the City disbanded the dispatch program and contracted dispatch services with the City of Fremont, thus relinquishing all records-related functions to the Records Unit. Although additional Records staff were added to the unit, those additions failed to keep pace with increasing demands and did not match the productivity of having an operational dispatch center.

National Incident-Based Reporting System (NIBRS): In 2022, UCPD, along with all law enforcement agencies, entered into a collective agreement with DOJ and the Federal Bureau of Investigations (FBI), making NIBRS the national standard for crime reporting. In addition, the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB) agreed to stop collecting data through UCPD’s previous method of reporting (Uniform Crime Reporting) and the FBI now only collects crime statistics solely through NIBRS. The goal of the CJIS-APB is to have every law enforcement agency in the country exclusively submit crime data through NIBRS. The focus of this new program is to provide more transparent, comprehensive, and robust arrest statistics. NIBRS has increased the amount and types of information that must be collected by reporting officers and subsequently reviewed by Records staff. In many cases, NIBRS requires multiple reports be written for an incident that previously only required one.

NIBRS-compliant reports require significantly more time for our records staff to review and approve prior to being distributed to the public or District Attorney’s Office. For Records staff, this requires new, specific, and time-consuming procedures.

Racial and Identity Profiling Act (RIPA) Assembly Bill (AB 953): In 2015, the California legislature passed AB 953 and mandated agencies of UCPD’s size to comply by 2023. This bill required all law enforcement agencies in the state to collect perceived demographic data related to all incidents involving a detention or search. This included consensual searches, traffic stops and calls for service. The bill further mandated the data be reported to the California Department of Justice (DOJ). UCPD began complying with this new law in March of 2022, with our Records Unit absorbing most responsibilities associated with AB 953. Records duties have included collaboration with DOJ, providing associated training to our employees, records storage and ensuring report transmission accuracy.

Public Records Act - 2019 (SB 1421 and AB 748): These bills expanded the scope of disclosable records available for public inspection and made it easier to obtain police records which had previously been deemed confidential. As a result of this legislation, the Records Unit processes a larger number of Public Records Act requests. Compliance with this law requires significantly more time dedicated to reviewing and redacting records prior to public distribution.

John J. Schmidt v. Cal. Highway Patrol (2d App. Dist., 2016) 2 Cal.App.5th 1287: In 2017, The California Court of Appeal ruled that if an arrestee was not charged by the District Attorney’s office, the arrestee shall automatically be reclassified as a detainee. This ruling requires agencies to write supplemental reports documenting the reclassification and required police agencies to mail the detainee a notice of the status change. Since the ruling, the Records staff have been responsible for authoring the supplemental reports and mailing associated forms to the detainee after receiving applicable charging dispositions from the District Attorney’s office.

Grimm v. City of Portland, 971 F.3d 1060 (9th Cir. 2020): In 2020, the Ninth Circuit Court determined that absent an immediate public safety need to tow a vehicle, the owner of the vehicle was “entitled to individualized notice reasonably calculated to inform them that their vehicle will be towed." To comply with this case law, the Records Unit is now responsible for conducting records checks of involved vehicles and attempting to locate and contact the owner. Once the owner of the vehicle is located, records staff must provide them with written notice and a copy of any associated citations. Records City Council/RSA Agenda 32 Tuesday, February 14, 2023
staff must wait seven days from the date of mailing the notification before coordinating the vehicle tow.

Citation processing procedural change: UCPD uses a third-party citation processing center to accept payments. In 2020, the processing center digitized its system and discontinued accepting delivery of citations in bulk via the United States Postal Service. The benefits of digitalization include decreased need for physical storage space and the ease of collecting payments; however, this process requires Records staff to individually scan and email citations to the processing center. This time-consuming process cannot be completed in bulk. Although this may appear to be a small change, the new procedure is time consuming and contributes to our personnel challenges.

Increases in crime - Analysis shows violent crime has increased 19% in Union City since 2017. Violent crimes are notable as they often include in-depth reports and many associated supplemental reports.

These complex reports require a great deal more time to review and approve by Records staff. In addition, vehicle theft has increased by 42% during the same period. The Records Unit personnel must process these reports and complete time-consuming Stolen Vehicle System (SVS) entries for each stolen vehicle in a timely manner.

SERVICES AND RESPONSIBILITIES EXPERIENCING INTERMITTENT DELAYS To mitigate the above listed challenges, the Record Unit has been required to triage tasks and focus on completing mandated responsibilities. As mentioned above, our Records Unit has been able to temporarily work through some of these challenges by working extended shifts and extra days in the form of overtime.

Despite these efforts, the unit has fallen behind.

Delayed services include report processing, public report distribution, detention certificate processing, citation processing and records purging. The additional workload also inhibits the police department’s ability to conduct local records checks for community members, which are often important in helping community members obtain employment, housing, or immigration services.

Another impact is the inability to prepare for state inspections and audits involving high liability records and databases related to missing persons, stolen vehicles, firearms, and arrests. Due to the minimal staffing and inability to adequately prepare for audits, UCPD was found to be out of compliance in certain portions of two consecutive DOJ audits conducted on April 18, 2019, and July 14, 2022.

STAFFING
The Records Unit is staffed with the following:
· 3 full-time POA’s
· 1 part-time Cadet
· 1 Unit Supervisor.

For context on how other local law enforcement agencies are handling the increasing demand for support, staff have included data from agencies of comparable size. Staff believes the below-listed data supports the legitimacy of our request for additional staff and shows our agency is well below industry standard. It is important to note all the below listed agencies have full-time dispatch centers that provide twenty-four-hour service to their communities and supplement the workload of its Records Unit.

San Leandro PD (population of 90,000) staffs its records department with 4 full-time clerks and 1 supervisor. This agency also supplements its Record Unit with a fully-operational dispatch center.

Livermore PD (population of 91,000) staffs its records department with 6 full-time clerks, 3 project specialists and 1 supervisor. This agency also supplements its Record Unit with a fully-operational dispatch center.

Redwood City PD (population of 84,000) staffs its records department with 6 full-time clerks, 1 Lead Clerk and 1 supervisor. This agency also supplements its Record Unit with a fully-operational dispatch center.

Milpitas PD (population of 75,000) staffs its records department with 6 full-time clerks, 1 part-time front desk attendant and 1 supervisor. This agency also supplements its Record Unit with a fully-operational dispatch center.

OVERTIME COSTS and TURNOVER
The Records Unit currently has an overtime budget of $14,000 per fiscal year. Over the past three calendar years, UCPD has exceeded the budget as follows:
2020: 254 hours totaling $16,956
City Council/RSA Agenda 33 Tuesday, February 14, 2023
2021: 220 hours totaling $15,036
2022: 553 hours totaling $35,535
It is important to note, a decrease in 2021 was likely due to the pandemic and associated paid emergency leave.

Despite the pandemic, the Records Unit has experienced a 117% increase in overtime hours and 109% increase in overtime paid since 2020.

Since 2020, three full-time employees have either transferred out of the Records Unit or left for another agency.

This is a turnover rate of 100% of full-time staff within the last three years. While difficult to quantify, the mandatory overtime that has been required in the Records Unit has created an undesirable situation. Adding a fourth full-time employee will more evenly distribute the workload and allow UCPD the option of staggering schedules for weekend coverage. With only three Records Unit employees, staffing is limited to weekday, business hours. UCPD is a 24/7 operation with reports and records demands continuing through the evenings and weekends.

FISCAL IMPACT

PROJECTED ANNUAL IMPACT OF NEW STAFF
Estimated Cost of Full-time Records Police Office Assistant (including annual health benefit):

Step 1 - $121,600
Step 2 - $126,500
Step 3 - $131,600
Step 4 - $136,900
Step 5 - $139,700
Analysis of our department’s expenditures through December of 2022 shows we have only used approximately

45.3% of budgeted funds, despite being 50% through the fiscal year ($7,804,604.00.) Based on these numbers, staff estimates savings of 4.7% or approximately $366,816.00 for this line item and fiscal year.

The savings associated with the above listed vacant positions wellexceeds the financial impact of funding an additional POA position for the remainder of the fiscal year.

RECOMMENDATION
Staff recommends that the City Counciladopt the resolution to authorize one, additional full-time Police Office Assistant.

Prepared by:

Lieutenant Andrew Holt
Submitted by:

Captain Travis Souza
ATTACHMENTS:

Description Type
Records POA Resolution Resolution
City Council/RSA Agenda 34 Tuesday, February 14, 2023
RESOLUTION NO. __________
ADOPT A RESOLUTION APPROVING ONE, ADDITIONAL FULLTIME POLICE OFFICE ASSISTANT POSITION.

WHEREAS, the Police Department has identified the need to address emerging legal and procedural demands of its Records Unit. The addition of one Police Office Assistant (POA) position is necessary to address these demands and assist in aligning with industry standards and best practices; and
WHEREAS, staff completed extensive research and recommends the City Council adopt the resolution to authorize one, additional full-time Police Office Assistant position.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City hereby approves one, additional full-time Police Office Assistant position.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRIS KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 35 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING COMPLETION OF THE 2021-2022

CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY
PROJECT NO. 22-01
Staff recommends the City Council adopt a resolution accepting completion of the 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01, and authorize the release of the retention payment from the escrow account in the amount of $48,131.19 to JV Lucas Paving, Inc.

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 June 14, 2022, the City Council approved Resolution No. 5952-22, awarding the construction contract for the 2021-2022 Citywide Street Pavement Rehabilitation Project to JV Lucas Paving, Inc., of Martinez, California, in the amount of $940,000, and approving a total construction budget of $1,081,000. The contractor has completed the work in accordance with the plans and specifications approved for this project and has supplied the City with all bonding requirements as specified in the contract.

DISCUSSION
The project scope consisted of upgrading wheelchair ramps to comply with current ADA standards, repairing failed pavement areas, pavement milling, installing asphalt concrete paving, traffic control, adjusting utility manhole covers, and replacing impacted pavement striping.

The contractor began work in early September and substantially completed the work in early November 2022. Due City Council/RSA Agenda 36 Tuesday, February 14, 2023
to year-end holidays and the recent storm events, completion of all final project punch-list items was delayed but has now been resolved with the contractor. The finalcost for the project is $962,623.86, which exceeds the original contract amount by $22,623.86 (approximately 2%) due to increased striping quantities for pedestrian crosswalks.

This amount, however, does not take into consideration approximately $36,250 that will be reimbursed to the City by the Alameda County Water District and $18,500 that will be reimbursed to the City by the Union Sanitary District for the adjustment of their facilities as part of the work done by the contractor.

FISCAL IMPACT
This project is funded in the Measure B – ACTIA Streets & Roads Fund (2542-3199-92201-54111), in the amount of $1,081,000, and is identified in the approved Five-Year Capital Improvement Program (CIP) for Fiscal Year 2021-2022 to FiscalYear 2025-2026.

Sufficient funds are available for the requested City Councilaction.

RECOMMENDATION
Staff recommends the City Council adopt a resolution accepting completion of the 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01, and authorizing the release of the retention payment from the escrow account in the amount of $48,131.19 to JV Lucas Paving, Inc.

Prepared by:

Eddie Yu, Civil Engineer II
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution -Accepting Pavement Rehabilitation Project Resolution Exhibit A - Certificate of Completion Exhibit
Exhibit B- Notice of Completion Exhibit
City Council/RSA Agenda 37 Tuesday, February 14, 2023
RESOLUTION NO. ______-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING COMPLETION OF THE 2021-2022 CITYWIDE STREET
PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 22-01 WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5952- 22, awarding a construction contract for the 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01, to JV Lucas Paving, Inc., in the amount of $940,000, with a total construction budget of $1,081,000; and WHEREAS, JV Lucas Paving, Inc., performed and completed these construction improvements in the amount of $962,623.86, exceeding the original contract amount by $22,623.86 (approximately 2%) due to increased striping quantities for pedestrian crosswalks; and
WHEREAS, approximately $36,250 will be reimbursed to the City by the Alameda County Water District and $18,500 will be reimbursed to the City by the Union Sanitary District for the adjustment of their facilities as part of the work done by the contractor; and
WHEREAS, JV Lucas Paving, Inc., has successfully completed the improvements for the 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01, per plans and specifications; and
WHEREAS, the upgrading of wheelchair ramps to comply with current ADA standards, repairing failed pavement areas, pavement milling, installing asphalt concrete paving, traffic control, adjusting utility manhole covers, and replacing impacted pavement striping has been completed to the satisfaction of the City Engineer; and WHEREAS, the work has been completed to the satisfaction of the Public Works Director and a Certificate of Completion will be executed, as attached in Exhibit A; and WHEREAS, sufficient funds were appropriated for this project in the Measure B – ACTIA Streets & Roads Fund (2542-3199-92201-54111).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the improvements in the final amount of $962,623.86 for the 2021-2022 Citywide Street Pavement Rehabilitation Project, City Project No. 22-01; and
BE IT FURTHER RESOLVED that the City Clerk of the City of Union City be directed to record the Notice of Completion, as attached in Exhibit B, with the Office of the County Recorder of Alameda County, California; and
City Council/RSA Agenda 38 Tuesday, February 14, 2023
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorize the City to make a final retention payment in the amount of $48,131.19 to JV Lucas Paving, Inc., for the completion of improvements of City Project No. 22-01 in accordance with the plans and specifications on file at the Office of the Public Works Director.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: 2021-2022 CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 22-01
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That this project consisted of repairing failed pavement areas, upgrading wheelchair ramps, pavement milling, asphalt concrete overlay, traffic control, and replacement of pavement striping at various streets; and
b. That the contract agreement was approved by the City Council for the amount of $940,000; and
c. That the adopted and approved plans and specifications have been changed in the following respects:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Original Contract $ 940,000.00
Increase in Quantities $ 22,623.86
Decrease in Quantities $ 0
Total Construction Contract Cost to City $ 962,623.86
d. That the work performed has been done in accordance with such plans and specifications. e. That JV Lucas Paving, Inc., performed the work at a total cost of $962,623.86, including the above noted contract change description.
f. That the Final retention amount of $48,131.19 will be released after 35 days from the project’s acceptance.

Dated: . ___________________________________
MARILOU AYUPAN, P.E.

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 40 Tuesday, February 14, 2023
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)

NOTICE OF COMPLETION

AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: 2021-2022 CITYWIDE STREET PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 22-01
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 14th day of February, 2023, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to JV Lucas Paving, Inc., Martinez, CA and entered into on June 14, 2022, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City.

That said street rehabilitation work and improvements, located at: Various Streets, Union City
were actually accepted by the Public Works Director of the City of Union City on the 14th day of February, 2023, and that the name of the surety on the Contractor's bond for labor and materials on said contract is The Ohio Casualty Insurance Company.

That the following work has been completed: 2021-2022 Citywide Street Pavement Rehabilitation Project, consisting of repairing failed pavement areas, upgrading wheelchair ramps, pavement milling, asphalt concrete overlay, traffic control, and replacement of pavement striping at various streets.

Dated: , 2023. ___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

The City of Union City
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
WHEN RECORDED MAIL TO:

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 41 Tuesday, February 14, 2023
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (GOVT. CODE 27361.6 )

STATE OF CALIFORNIA )
)

COUNTY OF ALAMEDA )
MARILOU AYUPAN, being first duly sworn, deposes and says:

That she is the duly appointed Public Works Director of the City of Union City, California; that she has read the foregoing Notice of Completion and Notice of Acceptance and knows the contents thereof, and that the same is true of her own knowledge except as to the matters therein stated on her own information and belief, and as to those matters that she believes it to be true. ___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR
Subscribed and sworn to before me
this day of __________, 2023.
____________________________________________
CITY CLERK in and for the City of Union City,
County of Alameda, State of California
City Council/RSA Agenda 42 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ACCEPT COMPLETION OF UNION LANDING GATEWAY WALLS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-23
Staff recommends City Council adopt a resolution accepting completion of the Union Landing Gateway Walls Improvement Project, City Project No. 21-23, and authorizing the release of the retention payment in the amount of $4,388.61 to Marina Landscape, Inc.

STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following: Goal C, Strategy 4:

Enhance the City’s partnership with Union Landing property owners and tenants to grow the vitality of the business district and revenue to the City.

BACKGROUND
On June 28, 2022, the City Councilapproved Resolution No. 5958-22, awarding a construction contract to Marina Landscape, Inc., in the amount of $88,342, and approving a total construction budget of $97,176 for the Union Landing Gateway Walls Improvement Project. The project implemented a landscape design plan approved by both the City and the Union Landing Property Owners Association Board of Directors; this contract specifically addressed the City-owned walls on Dyer Street at Courthouse Drive, referred to as Gateway Walls B and C.

DISCUSSION
The project scope consisted of landscape preservation and tree pruning, clearing, grubbing, and miscellaneous demolition, landscape maintenance, irrigation system, landscape planting and landscape soil preparation to maintain the visibility and desirability of Union Landing as a regional retail destination.

The landscaping improvements were completed for a total amount of $87,772, which is within the approved construction budget.

City Council/RSA Agenda 43 Tuesday, February 14, 2023
Construction has been completed within the budget and time frame allowed under the contract, in accordance with the technical specifications, and to the satisfaction of the Public Works Director.

FISCAL IMPACT
This project was funded with State Gas Tax Funds (2510-3199-92123-54111) in the amount of $65,000 and General Funds – Economic Development Funds (1110-6109-92123-54111) in the amount of $32,176.

Sufficient funds are available for the requested City Councilaction.

RECOMMENDATION
Staff recommends City Council adopt a resolution accepting completion of the Union Landing Gateway Walls Improvement Project, City Project No. 21-23, and authorizing the release of the retention payment in the amount of $4,388.61 to Marina Landscape, Inc.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A - Certificate of Completion Exhibit
Exhibit B- Notification of Completion Exhibit
City Council/RSA Agenda 44 Tuesday, February 14, 2023
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ACCEPTING COMPLETION FOR THE UNION LANDING GATEWAY WALLS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-23
WHEREAS, on June 28, 2022, the City Council adopted Resolution No. 5958-22, awarding a construction contract to Marina Landscaping, Inc., in the amount of $88,342, and appropriating funds for a total construction budget of $97,176 for the Union Landing Gateway Walls Improvement Project, City Project No. 21-23; and
WHEREAS, Marina Landscaping, Inc., successfully completed these construction improvements per technical specifications for the City-owned walls on Dyer Street at Courthouse Drive, referred to as Gateway Walls B and C, in the amount of $87,772; and WHEREAS, the landscape preservation and tree pruning, clearing, grubbing, and miscellaneous demolition, landscape maintenance, irrigation system, landscape planting and landscape soil preparation has been completed to the satisfaction of the City Engineer; and WHEREAS, the work has been completed to the satisfaction of the Public Works Director; and
WHEREAS, sufficient funds were appropriated for this project in the State Gas Tax Fund (2510-3199-92123-54111) and the General Fund – Economic Development (1110-6109- 92123-54111).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the improvements in the final amount of $87,772 for the Union Landing Gateway Walls Improvement Project, City Project No. 21-23, as described in the Notice of Completion, attached as Exhibit A; and
BE IT FURTHER RESOLVED that the City Clerk of the City of Union City be directed to record the Notice of Completion, attached as Exhibit B, with the Office of the County Recorder of Alameda County, California; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City does hereby authorize the City to allow the release of the retention payment, in the amount of $4,388.61, to Marina Landscaping, Inc., for the completion of improvements of the Union Landing Gateway Walls Improvement Project, City Project No. 21-23, in accordance with the plans and specifications on file at the Office of the Public Works Director.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14
th day of February 2023, by the following vote:

City Council/RSA Agenda 45 Tuesday, February 14, 2023

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: UNION LANDING GATEWAY WALLS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-23
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That this project consisted of landscape preservation and tree pruning, clearing, grubbing, and miscellaneous demolition, landscape maintenance, irrigation system, landscape planting and landscape soil preparation; and
b. That the construction contract was approved by the City Council of the City of Union City in the amount of $88,342; and
c. That the adopted and approved project scope and costs have been changed in the following respects:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Original Contract $ 88,342
Decrease in quantities $ 570
Increase in quantities
Total Construction Contract Cost to City $ 87,772
d. That the work performed has been done in accordance with such plans and specifications. e. That Marina Landscaping, Inc., performed the work, at a total cost of $87,772, including the above noted contract change description.
f. That the Final retention amount of $4,388.61, will be released after 35 days from the project’s acceptance.

Dated: __ ___________________________________

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 46 Tuesday, February 14, 2023
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)

NOTICE OF COMPLETION

AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: UNION LANDING GATEWAY WALLS IMPROVEMENT PROJECT, CITY PROJECT NO. 21-23
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 14thday of February, 2023, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to Marina Landscape, Inc., Orange, CA 92868 and entered into on June 28, 2022, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City; That said Union Landing Gateway Walls Improvement Project, located at Alvarado-Niles Road and Dyer Street, Union City California
was actually accepted by the City Council of the City of Union City on the 14thday of February 2023, and that the name of the surety on the Contractor's bond for labor and materials on said contract is Berkeley Insurance Company;
That the following work has been completed: Union Landing Gateway Walls Improvement Project, consisting of landscape preservation and tree pruning, clearing, grubbing, and miscellaneous demolition, landscape maintenance, irrigation system, landscape planting and landscape soil preparation.
.

Dated: , 2023. ___________________________________

MARILOU AYUPAN

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

The City of Union City
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
WHEN RECORDED MAIL TO:

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 47 Tuesday, February 14, 2023

PUBLIC WORKS DIRECTOR
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (GOVT. CODE 27361.6 )

STATE OF CALIFORNIA )
)

COUNTY OF ALAMEDA )
MARILOU AYUPAN, being first duly sworn, deposes and says:

MARILOU AYUPAN

FUNDING APPLICATIONS WITH THE METROPOLITAN

TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FUNDS

FOR THE OPERATION OF UNION CITY TRANSIT AND PARATRANSIT FOR FISCALYEAR 2022-2023
Staff recommends that the City Council adopt the attached resolution to authorize City staff to file annual funding applications with the Metropolitan Transportation Commission (MTC) for the allocation of funds for the operation of Union City Transit and Union City Paratransit for FiscalYear (FY) 2022-2023.

STRATEGIC PLAN ALIGNMENT
The action is not an identified strategy in the Strategic Plan.

BACKGROUND
The State’s Transportation Development Act (TDA), through the Local Transportation Fund (LTF), and State Transit Assistance (STA), provide the two (2) main sources of funding for public transportation. The LTF funds are derived from ¼-cent of the 7¼-cent retail sales tax collected statewide. STA funds are derived from the statewide sales tax on gasoline and diesel fuel. TDA and STA funds are apportioned through MTC.

DISCUSSION
Union City may claim the TDA and STA funds on an annual basis to meet operating, planning and capital requirements. Unclaimed and/or unused funds are rolled over for future transit operating needs and are set aside to fund large upcoming transit capital projects. TDA and STA funds will be claimed to operate the City’s local fixed-route transit system and ADA (Americans with Disabilities Act) complementary paratransit service. The estimated total application amounts for these funds are as follows (fixed-route and paratransit combined) based on current allocation estimates:

City Council/RSA Agenda 49 Tuesday, February 14, 2023
TDA $3,973,212
TDA Capital $2,841,624
STA $1,149,044
Total $7,963,880
A portion of Union City Transit’s allocation forms is included for budgetary reference.

FISCAL IMPACT
The TDA and STA funding sources, along with anticipated passenger fares and other revenues (including Alameda County Transportation Commission Measure BB), will fully fund Union City Transit and Union City Paratransit services for FY 2022-2023. There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to authorize City staff to file annual funding applications with MTC for the allocation of funds for the operation of Union City Transit and Union City Paratransit for FY 2022-2023.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment A - UCTransit Allocation Form Attachment
Resolution - MTCAllocation of Funds Resolution
City Council/RSA Agenda 50 Tuesday, February 14, 2023
MTC Claim Application - Document F(a)
Operating Expenses and Revenues
FY 2022-23 Calculations and mode names appear Enter amounts to the nearest Enter amounts to the nearest Submittal Date: February 14, 2023 automatically in the cells highlighted blue dollar in the cells highlighted yellow dollar in the cells highlighted yellow Operator: City of Union City Systemwide Motorbus - Union City Transit Demand Response - Union City Paratransit IF YOU ARE AN FTA GRANTEE, PAST Past Current Past Current Past Current ACTUAL MUST BE CONSISTENT Actual Adjusted Budgeted Actual Adjusted Budgeted Actual Adjusted Budgeted WITH YOUR NTD REPORT! FY 2020-21 FY 2021-22 FY 2022-23 FY 2020-21 FY 2021-22 FY 2022-23 FY 2020-21 FY 2021-22 FY 2022-23 OPERATING EXPENSES – FUNCTIONAL CLASS

1. Vehicle Operations 4,461,464 $ 5,330,670 $ 6,591,759 $ 3,723,810 $ 4,430,349 $ 5,064,043 $ 737,654 $ 900,321 $ 1,527,716 $

2. Vehicle Maintenance 183,265 $ 125,003 $ 152,143 $ 183,265 $ 122,619 $ 147,143 $ 2,384 $ 5,000 $

3. Facilities Maintenance 30,413 $ 17,977 $ 19,775 $ 30,413 $ 17,977 $ 19,775 $

4. General Administration 1,077,993 $ 1,048,963 $ 1,104,553 $ 773,808 $ 781,119 $ 804,553 $ 304,185 $ 267,844 $ 300,000 $

5. Adjustment (provide explanation on Form X) $ - $ - $ -

6. TOTAL, LINE 6 MUST EQUAL LINE 22! 5,753,135 $ 6,522,613 $ 7,868,230 $ 4,711,296 $ 5,352,064 $ 6,035,514 $ 1,041,839 $ 1,170,549 $ 1,832,716 $

7. Memo Item (Explain on Form X) - $ - $ - $
OPERATING EXPENSES – OBJECT CLASS

8. Labor, Operators (5011) 491,383 $ 459,670 $ 500,000 $ 351,953 $ 349,660 $ 360,000 $ 139,430 $ 110,010 $ 140,000 $

9. Labor, Others (5013) - $ - $ - $

10. Fringe Benefits (5012, 5014, portion 5015) 276,968 $ 272,425 $ 290,000 $ 195,066 $ 204,819 $ 210,000 $ 81,902 $ 67,606 $ 80,000 $

11. Pension Plans/Retirement Costs (portion 5015) - $ - $ - $

12. Services (5020) 208,671 $ 149,395 $ 165,000 $ 177,392 $ 108,582 $ 125,000 $ 31,279 $ 40,813 $ 40,000 $

13. Fuel and Lubricants (5031) 406,381 $ 526,940 $ 577,000 $ 382,288 $ 493,137 $ 540,000 $ 24,093 $ 33,803 $ 37,000 $

14. Other Materials and Supplies (3032, 5039) - $ - $ - $

15. Utilities (5040) 1,133 $ 1,732 $ 1,500 $ 1,133 $ 1,732 $ 1,500 $

16. Casualty and Liability (5050) - $ - $ - $

17. Purchased Transportation (5100) 4,055,083 $ 4,803,730 $ 6,009,530 $ 3,341,522 $ 3,937,212 $ 4,529,014 $ 713,561 $ 866,518 $ 1,480,516 $

18. Interest Expense (5210) 10,520 $ - $ 10,200 $ 10,399 $ 10,000 $ 121 $ 200 $

19. Leases and Rentals (5220, 5240) - $ - $ - $

20. ADA Expenses (5910) - $ - $ - $

21. Other (5060, 5090, 5280, 5290, 5920) 302,995 $ 308,722 $ 315,000 $ 251,542 $ 256,923 $ 260,000 $ 51,453 $ 51,799 $ 55,000 $

22. Adjustment (provide explanation on Form X) $ - $ - $ -

23. TOTAL, LINE 22 MUST EQUAL LINE 6! 5,753,134 $ 6,522,614 $ 7,868,230 $ 4,711,295 $ 5,352,065 $ 6,035,514 $ 1,041,839 $ 1,170,549 $ 1,832,716 $

24. Depreciation and Amortization (5260, 5270) 958,450 $ 958,450 $ 958,450 $ 909,194 $ 909,194 $ 909,194 $ 49,256 $ 49,256 $ 49,256 $

25. Memo Item (Other 5200) - $ - $ - $
REVENUE – OPERATING

26. Fares (4110) 77,858 $ 184,880 $ 260,000 $ 62,542 $ 155,083 $ 220,000 $ 15,316 $ 29,797 $ 40,000 $

27. Alameda CTC - Measure B 939,322 $ 788,515 $ - $ 539,846 $ 456,213 $ 399,476 $ 332,302 $

28. Alameda CTC - Measure BB 653,408 $ 916,195 $ 1,371,397 $ 405,605 $ 574,442 $ 855,360 $ 247,803 $ 341,753 $ 516,037 $

29. FTA (CARES/ARPA/CRRSAA) 1,906,717 $ - $ 675,867 $ 1,573,477 $ 675,867 $ 333,240 $

30. FTA (ADA Set-Aside) - $ - $ 437,360 $ 437,360 $
REVENUE – NON-OPERATING
Federal, even if administered by Caltrans or MTC (4500)

31. FTA Section 5307 - $ - $ - $

32. FTA Section 5303 Planning - $ - $ - $

33. type identity of other federal source of rev. here - $ - $ - $

34. type identity of other federal source of rev. here - $ - $ - $ State (4400)

35. type identity of state source of rev. here - $ - $ - $

36. type identity of state source of rev. here - $ - $ - $ Regional, not allocated by MTC:

37. BAAQMD (considered State funds) - $ 163,570 $ - $ 163,570 $

38. type identity of other regn'l source of rev. here - $ - $ - $

39. type identity of other regn'l source of rev. here - $ - $ - $ Local (4200, 4300):

40. General Fund - $ - $ - $

41. Non-Farebox 1,264 $ 14,216 $ 1,350 $ 414 $ 14,057 $ 500 $ 850 $ 159 $ 850 $

42. type identity of other local source of rev. here - $ - $ - $ Other Non-Operating, not allocated by MTC (4600)

43. type identity of other non-oper. revenue here - $ - $ - $

44. type identity of other non-oper. revenue here - $ - $ - $

45. type identity of other non-oper. revenue here - $ - $ - $

MTC-ALLOCATED REVENUE

46. 5% Unrestricted Funds - $ - $ - $

47. type identity of other MTC-allocated rev. here - $ - $ - $

48. type identity of other MTC-allocated rev. here - $ - $ - $

49. Feeder Bus Funds - $ - $ - $

50. AB 1107 - $ - $ - $

51. Regional Measure 2 (RM2) - $ - $ - $
Transportation Development Act (TDA)

52. TDA 4 - Transit Operating - Union City 1,558,364 $ 4,207,136 $ 3,789,969 $ 1,558,364 $ 3,596,858 $ 3,134,743 $ 610,278 $ 655,226 $

53. TDA 4.5 - Community Transit - Union City 10,457 $ 167,020 $ 183,243 $ 10,457 $ 167,020 $ 183,243 $

54. - $ - $ - $

55. - $ - $ - $

56. - $ - $ - $

57. - $ - $ - $

58. - $ - $ - $

59. - $ - $ - $

60. - $ - $ - $

61. - $ - $ - $

62. - $ - $ - $

63. - $ - $ - $

64. - $ - $ - $

65. - $ - $ - $

66. - $ - $ - $

67. - $ - $ - $

68. - $ - $ - $

69. - $ - $ - $

70. - $ - $ - $

71. - $ - $ - $
State Transit Assistance (STA)

72. Pop County Block Grant - Union City 571,048 $ 500,933 $ 983,584 $ 571,048 $ 500,933 $ 983,584 $

73. Pop Lifeline - - $ - $ - $

74. Pop MTC Regn'l Coord. - - $ - $ - $

75. Revenue Based - Union City 34,698 $ 106,400 $ 165,460 $ 165,460 $ 34,698 $ 106,400 $

76. State of Good Repair (Rev-based) - - $ - $ - $

77. - $ - $ - $

78. - $ - $ - $

79. - $ - $ - $

80. - $ - $ - $

81. - $ - $ - $

82. - $ - $ - $

83. - $ - $ - $

84. TOTAL REVENUE 5,753,136 $ 7,048,865 $ 7,868,230 $ 4,711,296 $ 5,461,156 $ 6,035,514 $ 1,041,840 $ 1,587,709 $ 1,832,716 $

85. Surplus/(Deficit) 2 $ 526,251 $ - $ 1 $ 109,091 $ - $ 1 $ 417,160 $ - $

86. (provide explanation on Form X) Memo Item $ - $ - $ - MTC Programming and Allocations Section February 2005 Page 1of 1 City Council/RSA Agenda 51 Tuesday, February 14, 2023 MTC Claim Application - Document F(b)
Operating Data
FY 2022-23 Calculations appear automatically Enter amounts to the nearest dollar Enter amounts to the nearest dollar Submittal Date: February 14, 2023 in the cells highlighted blue in the cells highlighted yellow in the cells highlighted yellow Operator: City of Union City Systemwide Motorbus - Union City Transit Demand Response - Union City Paratransit IF YOU ARE AN FTA GRANTEE, PAST Past Current Past Current Past Current YEAR ACTUAL MUST BE CONSISTENT Actual Adjusted Budgeted Actual Adjusted Budgeted Actual Adjusted Budgeted WITH YOUR NTD REPORT! FY 2020-21 FY 2021-22 FY 2022-23 FY 2020-21 FY 2021-22 FY 2022-23 FY 2020-21 FY 2021-22 FY 2022-23 Employees

1. Total Employees (full time equivalent) 0 0 0

2. Service Area (Square Miles) 18 18 18

3. Service Area Population 69,301 68,150 69,000

4. Number of Routes Operated 8 6 6 8 6 6
Annual Boardings

5. Adult 25,203 41,566 53,287 25,203 41,448 53,053 118 234

6. Youth and Student 3,386 5,617 7,222 3,386 5,569 7,128 48 94

7. Senior and Disabled 27,058 45,180 59,287 19,596 32,227 41,251 7,462 12,953 18,036

8. Inter-Operator Transfers (at extra fare) 14,853 24,599 31,607 14,853 24,426 31,265 173 342

9. Total Revenue Passengers 70,500 116,962 151,403 63,038 103,670 132,697 7,462 13,292 18,706

10. Non Farepaying Passengers (incl. transfers) 55,124 93,253 120,976 55,124 90,654 116,037 2,599 4,939

11. Total Passengers 125,624 210,215 272,379 118,162 194,324 248,734 7,462 15,891 23,645 Average Boardings

12. Average Weekday Boardings 430 725 923 402 681 865 28 44 58

13. Average Saturday Boardings 223 247 300 208 224 266 15 23 34 Vehicles Operated In Maximum Service

14. Maximum Weekday Vehicles Operated 15 20 20 10 14 14 5 6 6

15. Maximum Weekend Vehicle Operated 10 14 14 7 11 11 3 3 3 Annual Vehicle Miles

16. Revenue Vehicle Miles 495,751 571,061 619,759 478,778 511,473 542,069 16,973 59,588 77,690

17. Non-Revenue Vehicle Miles 53,480 66,831 99,639 26,960 26,173 52,346 26,520 40,658 47,292

18. Total Vehicle Miles 549,231 637,892 719,398 505,738 537,646 594,415 43,493 100,246 124,983 Annual Vehicle Hours

19. Revenue Vehicle Hours 41,670 49,582 83,073 33,065 35,479 38,776 8,605 14,103 44,297

20. Non-Revenue Vehicle Hours 6,993 6,056 11,666 6,668 5,539 5,892 325 517 5,774

21. Total Vehicle Hours 48,663 55,638 94,739 39,733 41,017 44,668 8,930 14,620 50,071 MTC Programming and Allocations Section February 2005 Page 1of 1 City Council/RSA Agenda 52 Tuesday, February 14, 2023 MTC Claim Application - Document F(c)
Capital Allocation Request
FY 2022-23 START HERE
Submittal Date: February 14, 2023 Operator: City of Union City Column Column Enter amounts to the nearest dollar in the cells highlighted yellow 1 2 Cells highlighted blue calculate automatically Totals Proposed Project Proposed Project Start in Column 1 FY 2022-23 FY 2022-23 FY 2022-23

1. Project Name Miscellaneous Capital Electric Buses

2. ENTER Total Project Cost 16,616,360 $ 100,000 $ 16,516,360 $ Capital Project Revenue
Federal Sources

3. FTA Section 5309 - $

4. FTA Section 5307 5,152,287 $ 5,152,287 $

5. FTA Section 5310 - $

6. FTA Section 5311 - $

7. FTA Section 5314 - $

8. STP - $

9. CMAQ - $

10. FTA Section 5339 (c) - LONO 8,279,207 $ 8,279,207 $

11. type the source of other federal funds here - $

12. type the source of other federal funds here - $
State Sources

13. STIP - $

14. Transportation Congestion Relief Program - $

15. Prop 116 - $

16. type the source of other state funds here - $

17. type the source of other state funds here - $
Regional Sources

18. AB 434 (regional discretionary and county program mgr.) - $

19. type the source of other regional funds here - $

20. type the source of other regional funds here - $
Local Sources

21. City or County General Fund - $

22. County Half-Cent Sales Tax - $

23. Transit District Sales Tax - $

24. Transfers from Other Sectors of Operations - $

25. Developer Fees - $

26. Transit Impact Development Fee - $

27. Safe Harbor Lease - $

28. type the source of other local funds here - $

29. type the source of other local funds here - $
MTC Funds (not in this request)

30. 5% Unrestricted Funds - $

31. 2% Toll Revenues - $

32. AB 664 Net Toll Bridge Revenues 343,242 $ 343,242 $

33. Prior Allocated TDA - $

34. Prior Allocated STA - $
TDA, STA, 1107 & Feeder Bus Request

35. AB 1107 - $

36. Feeder Bus - $

37. TDA 4 - Union City 2,841,624 $ 100,000 $ 2,741,624 $

38. - $

39. - $

40. - $

41. - $

42. - $

43. - $

44. - $

45. - $

46. - $

47. - $

48. - $

49. - $

50. $ -

51. Total Revenue 16,616,360 $ 100,000 $ 16,516,360 $

52. Surplus/(Deficit) - $ - $ - $
MTC Programming and Allocations Section February 2005 Page 1of 1 City Council/RSA Agenda 53 Tuesday, February 14, 2023 RESOLUTION NO. ____________

RESOLUTION AUTHORIZING CITY STAFF TO FILE ANNUAL FUNDING

APPLICATIONS WITH THE METROPOLITAN TRANSPORTATION

COMMISSION FOR THE ALLOCATION OF FUNDS FOR THE OPERATION OF UNION CITY TRANSIT AND PARATRANSIT FOR FISCAL YEAR 2022-2023 WHEREAS, the Transportation Development Act (TDA), Public Utilities Code (PUC) §99200 et seq., provides for the disbursement of funds from the Local Transportation Fund (LTF) of the County of Alameda for use by eligible applicants for the purpose of transportation services; and
WHEREAS, pursuant to the provisions of the TDA, and pursuant to the applicable rules and regulations thereunder (21 Cal. Code of Regs. §6630 et seq.) a prospective applicant wishing to receive an allocation from the LTF shall file its claim with the Metropolitan Transportation Commission (MTC); and
WHEREAS, the State Transit Assistance (STA) fund is created pursuant to PUC §99310 et seq.; and
WHEREAS, the STA fund makes funds available pursuant to PUC §99313.6 for allocation to eligible applicants to support approved transit projects; and WHEREAS, TDA funds from the LTF of the County of Alameda and STA funds will be required by applicant in Fiscal Year 2022-2023 for local transportation services; and
WHEREAS, the City of Union City is an eligible applicant for TDA and STA funds pursuant to PUC section(s) §99260, §99275, §99313 and §99314.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager, or their designee, to execute and file appropriate applications and supporting documents with MTC for an allocation of TDA and STA funds for Fiscal Year 2022-2023.

BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to MTC in conjunction with the filing of the claim, and that MTC be requested to grant the allocations of funds as specified herein.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, by the following vote:

City Council/RSA Agenda 54 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE SECOND AMENDMENT TO

THE CONSULTING SERVICES AGREEMENT WITH AARON WELCH
PLANNING (C5386), FOR CONTRACT PLANNING SERVICES, TO
EXTEND THE EXPIRATION OF THE AGREEMENT TO DECEMBER 31,
2024 AND TO INCREASE THE AGREEMENT AMOUNT BY$100,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $275,000, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AMENDMENT IN A FORM

APPROVED BY THE CITYATTORNEY
Staff recommends that the City Council adopt a Resolution (Attachment 1) approving the second amendment to the Consulting Services Agreement (“Agreement”) with Aaron Welch Planning (“Consultant”), for contract planning services, and authorizing the City Manager to execute the amendment in a form approved by the City Attorney. The scope of the amendment includes extending the expiration of the Agreement for an additional two years from December 31, 2022 to December 31, 2024 and increasing the Agreement amount by $100,000 for a not to exceed Agreement amount of $275,000.

STRATEGIC PLAN ALIGNMENT
Although this agenda item does not have alignment with a specific Strategic Plan goal, approval of the agenda item willensure continued support of the Planning Division's long-range planning efforts.

BACKGROUND
The Consultant provides support in the form of contract planning staff to support the City’s long-range planning efforts. On July 1, 2019, the City and Consultant entered into an Agreement for Contract Planning Services in an amount not to exceed $75,000 (C5386).

On November 10, 2020, the Agreement was amended to increase the amount by $100,000 to a not to exceed City Council/RSA Agenda 55 Tuesday, February 14, 2023
amount of $175,000 and extend the Agreement expiration to December 31, 2022.

The Consultant recently served as project manager for the Station District Specific Plan which was adopted by the City Council in October 2022. The Consultant also worked with the Public Works Department as project manager for the Bicycle and Pedestrian Master Plan update which was adopted by the City Council in November 2021.

DISCUSSION
Staff is requesting to increase the amount of the existing Agreement by $100,000, which would bring the not to exceed amount of the Agreement to $275,000. City policy requires that allcontracts, including amendments to contracts over $75,000, be approved by the City Council.

Staff is requesting the Agreement amount be increased to provide additional funding and the expiration date of the Agreement be extended to cover any remaining tasks to finish out the Station District Specific Plan process. In addition, it is anticipated that the Consultant may be assisting on additional long range planning efforts, such as the Hillside Area Plan, or developing policy for micro-mobility as the transportation needs shift. or representing the City on the Bay Trail Gap Closure. Although specific information regarding these efforts is not known at this time, the amended contract would provide the Planning Division flexibility to bring on the Consultant in an advisory role, if needed.

FISCAL IMPACT
The Economic and Community Development Department has utilized funds included in the FY 2022-2023 Budget under the line item of Advanced Planning – Professional / Consulting (Account #1110-6105-41005- 54110) for the Consultant’s work on the Station District Specific Plan. Funds from this account would be used to cover any remaining work performed by the Consultant to finish out the Specific Plan process. Work performed by the Consultant on other long-range planning efforts during the amended contract period would be paid under this account, a deposit account if the work is funded by a developer, or from grant funding, if applicable.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution approving the second amendment to the Agreement with Aaron Welch Planning (C5386), for contract planning services, to extend the expiration of the Agreement to December 31, 2024 and to increase the Agreement amount by $100,000, for a total not to exceed amount of $275,000, and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney.

Prepared by:

Derek Farmer, Planning Manager
Submitted by:

Derek Farmer, Planning Manager
City Council/RSA Agenda 56 Tuesday, February 14, 2023
ATTACHMENTS:

Description Type
Resolution Approving the Second Amendment of Consulting Agreement
Resolution
City Council/RSA Agenda 57 Tuesday, February 14, 2023
RESOLUTION NO. XXXX-23

RESOLUTION APPROVING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH AARON WELCH PLANNING (C5386), FOR CONTRACT

PLANNING SERVICES, TO EXTEND THE EXPIRATION OF THE AGREEMENT TO DECEMBER 31, 2024 AND TO INCREASE THE AGREEMENT AMOUNT BY $100,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $275,000, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AMENDMENT IN A FORM APPROVED BY THE

CITY ATTORNEY
WHEREAS, the City of Union City utilizes Consultants for contract planning services to support the Planning Division of the Economic and Community Development Department; and WHEREAS, Aaron Welch Planning (“Consultant”) provides support in the form of contract planning services to support the City’s long-range planning efforts. These efforts include the recently completed Station District Specific Plan, adopted by the City Council in October 2022; and
WHEREAS, on July 1, 2019, the City and Consultant entered into an Agreement for contract planning services (C5386) (“Agreement”), in an amount not to exceed $75,000; and WHEREAS, on November 10, 2020, the City Council approved the first amendment to the Agreement to increase the amount by $100,000 for a not to exceed amount of $175,000, and to extend the Agreement expiration to December 31, 2022, and WHEREAS, staff is recommending that the Agreement be extended an additional two years from December 31, 2022 to December 31, 2024; and
WHEREAS, staff is also requesting that the Agreement amount be increased by $100,000 to cover any remaining tasks to finish out the Station District Specific Plan process. In addition, it is anticipated that the Consultant may be assisting on some additional long range planning efforts during the amended contract period, and WHEREAS, the Economic and Community Development Department will be utilizing funds included in the FY 2022-2023 Budget under the line item of Advanced Planning – Professional / Consulting (Account #1110-6105-41005-54110) for the Consultant’s remaining work to finish out the Station District Specific Plan process. Work performed by the Consultant on other long-range planning efforts during the amended contract period would be paid under this account, a deposit account if the work is funded by a developer, or from grant funding, if applicable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Second Amendment to the Consulting Services Agreement with Aaron Welch Planning (C5386), for Contract Planning Services, to extend the expiration of the Agreement to December 31, 2024 and to increase the Agreement amount by $100,000, for a total not to exceed amount of $275,000, and hereby authorizes the City Manager to execute the City Council/RSA Agenda 58 Tuesday, February 14, 2023
Resolution No. XXXX-23

Page 2 ends

Amendment in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, 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 59 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARIO VALLEJO, INFORMATION TECHNOLOGY DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE RENEWAL OF A MICROSOFT ENTERPRISE AGREEMENT WITH SOFTCHOICE CORPORATION, INC.,

FOR A THREE-YEAR TERM, IN A NOT-TO-EXCEED AGGREGATE SUM OF $438,157.83 AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT IN A FORM APPROVED BY THE CITYATTORNEY
Staff recommends that the City Council adopt a Resolution approving the renewal of a Microsoft Enterprise Agreement with Softchoice Corporation, Inc., for a three-year term, in a not-to-exceed aggregate sum of $438,157.83 and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney. The Microsoft Agreement licenses the City’s use of the Office 365 cloud tenant platform for 324 users and the on-premise use of the Microsoft operating systems and software specified in the Agreement.

STRATEGIC PLAN ALIGNMENT
Although this agenda item does not have alignment with a specific Strategic Plan goal, approval of the agenda item will support staff productivity with a suite of critical office tools.

BACKGROUND
Union City currently utilizes a Microsoft Enterprise Agreement plan for all Microsoft products, including Windows desktop and server operating systems, Remote Desktop, SQL database software, and the Office 365 Platform. The services included in the Office 365 Platform are Exchange email with Threat Protection, SharePoint Online, Teams, OneDrive cloud storage, Advanced Security and Office applications like Outlook, Word, Excel, Access, Power Point, Visio, and OneNote.

DISCUSSION
The City of Union City is required to make an annual payment to maintain its Microsoft software City Council/RSA Agenda 60 Tuesday, February 14, 2023
infrastructure. This includes all Windows operating systems for City-owned desktops and laptops; all Windows server operating systems for on-premise servers; SQL database software used by the City’s financial application, Eden, and other database applications; and the full suite of Office 365 applications used by all City employees. Office 365 applications include Exchange email with Threat Protection, SharePoint Online, Teams, OneDrive cloud storage, Advanced Security, and the full Office suite of applications (Outlook, Word, Excel, Access, PowerPoint, Visio and OneNote) installed on allcity computers.

This annual contract covers all the licenses needed by the City for all Microsoft products along with technical support, new software upgrades, security patches, and cloud Active Directory. Payment is made through Softchoice Corporation, Inc., a Microsoft certified partner. Softchoice is one of North America’s leading technology solution and services providers.

FISCAL IMPACT
The $146,052.61 annual cost of this service agreement was added and approved in the FY 2022-2023 budget.

As there are sufficient funds budgeted to cover the cost of this service agreement, there will be no fiscal impact to the FY 2022-2023 Adopted Budget. The cost of the FY 2023-2024 and FY 2024-2025 service agreements will be appropriated as part of the biennial budget process.

RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution approving the renewal of a Microsoft Enterprise Agreement with Softchoice Corporation, Inc., for a three-year term, in a not-to-exceed aggregate sum of $438,157.83 and authorizing the City Manager to execute the Agreement in a form approved by the City Attorney.

Prepared by:

Mario Vallejo, Information Technology Director
Submitted by:

Mario Vallejo, Information Technology Director
ATTACHMENTS:

Description Type
Resolution Approving the Renewal ofa Microsoft Enterprise Agreement with Softchoice Corporation, Inc., fora three-year term Resolution
City Of Union City - Q-1382129 - Microsoft Quote Resolution City Council/RSA Agenda 61 Tuesday, February 14, 2023
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING THE RENEWAL OF A MICROSOFT ENTERPRISE AGREEMENT WITH SOFTCHOICE CORPORATION, INC., FOR A THREE-YEAR TERM, IN A NOT-TO-EXCEED AGGREGATE SUM OF $438,157.83 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT IN A FORM APPROVED BY

THE CITY ATTORNEY
WHEREAS, City staff wishes to renew the Microsoft Enterprise Agreement with Softchoice Corporation, Inc. for a three-year term; and WHEREAS, the Microsoft Agreement licenses the City’s use of the Office 365 cloud tenant platform for 324 users and the on-premise use of the Microsoft operating systems and software specified in the Agreement; and
WHEREAS, the contracted services will continue until January 31, 2026; and WHEREAS, the FY 2022-2023 budget contains sufficient appropriations to cover the annual cost of $146,052.61; and
WHEREAS, staff recommends that the City Council approve the renewal of the Microsoft Enterprise Agreement with Softchoice Corporation, Inc., for a three-year term, in a not-to-exceed aggregate sum of $438,157.83 and authorize the City Manager to execute the Agreement in a form approved by the City Attorney.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City hereby approves the renewal of a Microsoft Enterprise Agreement with Softchoice Corporation, Inc., for a three-year term, in a not-to-exceed aggregate sum of $438,157.83 and hereby authorizes the City Manager to execute the Agreement in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council/RSA Agenda 62 Tuesday, February 14, 2023
APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ____________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 63 Tuesday, February 14, 2023
Quote
Ship To :

Mario Vallejo
City Of Union City
34009 ALVARADO-NILES RD
UNION CITY, CA 94587-4497
Bill To:

Mario Vallejo
City Of Union City
34009 ALVARADO-NILES RD

UNION CITY CA
94587-4497
Quote Prepared For Mario Vallejo
City Of Union City
Phone: 510.675.5681
Email: [email protected]
Quote Sent By Mallory Jewson
[email protected]
Phone: 619-860-1351
Fax:

Anniversary Date
Authorization Number
31-Jan-2023
58296275
Agreement End Date 31-Jan-2023
Comments
SLG EA - Renewal - Year 1 of 3 - BUDGETARY
Item # Mfg SKU # Description Qty Billing
Frequency
Start
Date
End
Date
Usage
Country
License
Type Unit Price ExtendedPrice
2000410786 AAD-34700 M365 E3 FromSA GCC Unified ShrdSvr ALNG 274 Upfront 01-Feb202331-Jan2024United States
Subscription $328.20 $89,926.80
2000626571 AAD-63092 M365 F3 GCC Unified ShrdSvr ALNG SubsVL MVL PerUsr
50 Upfront 01-Feb202331-Jan2024Subscription $84.84 $4,242.00 2000401956 9GS-00135 CISSteDCCore ALNG SA MVL 2Lic CoreLic 164 Upfront 01-Feb202331-Jan2024United States
Maintenance $169.91 $27,865.24
Quote Q-1382129
Date 06-Feb-2023
Softchoice
20 Mowat Avenue
Toronto, ON M6K 3E8
Sales/Order desk
Phone: (800) 268-7638
Fax: (800) 268-7639
City Council/RSA Agenda 64 Tuesday, February 14, 2023

Page 2 of 3 ends

2000401772 076-01912 Prjct Std ALNG SA MVL 5 Upfront 01-Feb202331-Jan2024United States
Maintenance $131.03 $655.15
2000401893 7JQ-00343 SQLSvrEntCore ALNG SA MVL 2Lic CoreLic 6 Upfront 01-Feb202331-Jan2024United States
Maintenance $2,527.72 $15,166.32
2000401901 7NQ-00292 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 6 Upfront 01-Feb202331-Jan2024United States
Maintenance $659.25 $3,955.50
2000402065 D87-01159 VisioPro ALNG SA MVL 6 Upfront 01-Feb202331-Jan2024United States
Maintenance $112.40 $674.40
2000401836 6VC-01253 WinRmtDsktpSrvcsCAL ALNG SA MVL
DvcCAL
30 Upfront 01-Feb202331-Jan2024United
States
Maintenance $20.12 $603.60
2000674814 NYH-00001 AUDIO CONFERENCING SELECT DIAL OUT

GCC SUB ADD-ON
274 Upfront 01-Feb202331-Jan2024United
States
Subscription $0.00 $0.00
2000401967 9TX-00003 SysCtrOpsMgrCltML ALNG LicSAPk MVL PerUsr
310 Upfront 01-Feb202331-Jan2024United
States
Perpetual
License &
Maintenance
$9.56 $2,963.60
GROUP TOTAL $146,052.61

SUBTOTAL
DELIVERY: Ground - 3 to 5 days
State Tax
Local Tax
$146,052.61
$0.00
$0.00
$0.00
All currency in this quote is in (USD). TOTAL
$146,052.61
$0.00
$0.00
$0.00
$146,052.61
Payment options are only available in listed currency and not billable in other currencies. Pricing, availability, and special offers are subject to change at any time.

This document and the transaction(s) to which it pertains are governed by Softchoice's online terms of sale, unless a separate purchase agreement was signed by both your company and Softchoice, in which case, that separate agreement will govern. Softchoice's terms of sale can be found http://www.softchoice.com/softchoice-terms-and-conditionsfor-products City Council/RSA Agenda 65 Tuesday, February 14, 2023

Page 3 of 3 ends

As noted in the Microsoft Enterprise Agreement, any online subscription services within this quote will automatically renew annually unless Softchoice is notified in writing at least 30 days prior to your anniversary. If you are within the final year of your agreement the previous statement does not apply; new products and quantities will be reviewed in your renewal process.

Signature :{{Sig_es_:signer1:signature}}
Name :{{Name1_es_:fullname}}
Title :{{Ttl1_es_:title}}
Date :{{Dte_es_:signer1:date}}
PO# : {{PO_es_:signer1}}
City Council/RSA Agenda 66 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LILYBELL NAKAMURA, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A RETITLE TO THE YOUTHAND

FAMILY SERVICES MANAGER POSITION TO COMMUNITY SERVICES

MANAGER, APPROVING THE SIDE LETTER BETWEEN THE CITYOF
UNION CITYAND THE MANAGEMENT EMPLOYEES’GROUP, AND

APPROVING AN AMENDMENT TO THE CLASSIFICATION &

COMPENSATION PLAN IN CONFORMANCE WITH CALIFORNIA CODE
OF REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Counciladopt the attached resolution to: 1) approve the retitle of the Youth and Family Services Manager to Community Services Manager; 2) approve the corresponding Side Letter with the Management Employees’ Group; and 3) approve an amendment to the City’s Classification & Compensation Plan.

STRATEGIC PLAN ALIGNMENT
This recommendation supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning the provision of criticalcity services with current staffing levels.

BACKGROUND
The retitling of the Youth and Family Services Manager to Community Services Manager is necessary to better reflect the current positions’ duties and responsibilities.

DISCUSSION
The Youth and Family Services Manager classification job description reflects primary responsibility for managing Youth and Family Services. However, the classification’s duties and responsibilities are more diversified to include managing Social Services Programs including the Homeless Program. As such, staff met City Council/RSA Agenda 67 Tuesday, February 14, 2023
with the Management Employees’ Group and agreed to revise the job description duties and re-title the classification to accurately reflect the job description. Staff is now recommending that the City Council approve the change in title for the position to Community Services Manager.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution to: 1) approve the retitle of the Youth and Family Services Manager to Community Services Manager; 2) approve the corresponding Side Letter with the Management Employees’ Group; and 3) approve the amendment to the City’s Classification & Compensation Plan.

Prepared by:

Lilybell Nakamura, Human Resources Director
Submitted by:

Lilybell Nakamura, Human Resources Director
ATTACHMENTS:

Description Type
Resolution for MEGPosition Resolution
MEGSide Letter Attachment
Classification & Compensation Plan 2-14-2023 final version Resolution City Council/RSA Agenda 68 Tuesday, February 14, 2023
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY APPROVING THE RETITLING OF THE

YOUTH AND FAMILY SERVICES MANAGER POSITION

TO COMMUNITY SERVICES MANAGER, APPROVING

THE SIDE LETTER BETWEEN THE CITY OF UNION CITY
AND THE MANAGEMENT EMPLOYEES’ GROUP, AND

APPROVING AN AMENDMENT TO THE

CLASSIFICATION & COMPENSATION PLAN IN

CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Management Employees’ Group (“MEG”) effective January 1, 2022 through December 31, 2024 is currently in effect (the “MOU”); and WHEREAS, MEG serves as the sole and exclusive bargaining group for the Youth and Family Services Manager classification pursuant to the MOU; and WHEREAS, the job description for the Youth and Family Services Manager has been modified to accurately reflect the duties of the position; and WHEREAS, MEG and the City desire to change the title of the Youth and Family Services Manager position to Community Services Manager to more accurately reflect the duties outlined in the job description; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of MEG related to the above matter.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the retitling of the Youth and Family Services Manager to the Community Services Manager effective February 14, 2023.

BE IT FURTHER RESOLVED that the City Council hereby approves and adopts a Side Letter to the MOU, attached hereto and incorporated herein by reference, effective February 14, 2023, and authorizes the City Manager to execute the Side Letter and to take such further actions as may be necessary to implement the Side Letter to the MOU including any necessary non-substantive modifications.

BE IT RESOLVED that the City Council of the City of Union City hereby authorizes an amendment to the Classification & Compensation Plan to replace the Youth and Family Services Manager position with the Community Services Manager effective February 14, 2023.

City Council/RSA Agenda 69 Tuesday, February 14, 2023
Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Management Employees’ Group
The City of Union City (“City”) and the Management Employees’ Group (“MEG”) (collectively the “Parties”) enter into this Side Letter to update the job title of Youth and Family Services Manager to Community Services Manager and amend Section 1.00 of the Memorandum of Understanding as follows:

The City recognizes the Management Employees Group (MEG) as the sole and exclusive bargaining representative for the following full-time classifications as well as any new Management related classifications by mutual agreement between the City and the Management Group:

Budget Manager/Purchasing Agent
Chief Building Official/Sr. Plans Examiner
City Engineer
Clinical Supervisor
Communications & Marketing Manager
Community Services Manager
Cyber Security Manager
Community Recreation Services (CRS) Manager
Economic Development Manager
Environmental Programs Manager
Fleet Supervisor
HCD Manager
Information Technology (IT) Manager
Intervention Counselor
Management Analyst I, II, & III
Planning Manager
Principal Civil Engineer
Public Works Superintendent
Public Works Grounds Supervisor
Public Works Streets Supervisor
Recycling & Solid Waste Program Manager
Redevelopment Agency Manager
Revenue Collections Manager
Supervising Accountant
Transit Manager
Youth & Family Services Program Manager
FOR THE CITY: FOR MEG:
_________________________________ _________________________________ _________________________________ ________________________________ _________________________________ _________________________________ _________________________________ _________________________________ DATE: ___________________________
City Council/RSA Agenda 70 Tuesday, February 14, 2023
Amendment #9: February 6, 2023 - Reso. No. XXXX-23
Amendment #10: February 6, 2023 - Reso. No. XXXX-23
Amendment #11: February 14, 2023 - Reso. No. XXXX-23
Amendment #8: January 9, 2023 - Reso. No. XXXX-23
Amendment #7: January 9, 2023 - Reso. No. 6066-23
City of Union City
Classification & Compensation Plan
FY 2022-2023
Effective: February 14, 2023
Amendment #1: July 26, 2022 - Reso. No. 5984-22
Amendment #2: September 27, 2022 - Reso. No. 6010-22
Amendment #3: November 8, 2022 - Reso. No. 6031-22
Amendment #4: November 8, 2022 - Reso. No. 6032-22
Amendment #5: November 8, 2022 - Reso. No. 6036-22
Amendment #6: December 13, 2022 - Reso. No. 6059-22
City Council/RSA Agenda 71 Tuesday, February 14, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 26,492
UNREPRESENTED Min. Range Max.

Dept. Heads 20015 Asst. City Manager/Chief Financial Officer 17,514 21,049 Dept. Heads 20020 Deputy City Manager 16,874 20,240
Dept. Heads 20470 CRS Director 16,455 19,729
Dept. Heads 20515 ECD Director 16,455 19,729
Dept. Heads 20275 Finance Director 16,455 19,729
Dept. Heads 20280 Human Resources Director 16,455 19,729 Dept. Heads 20290 Information Technology Director 16,455 19,729 Dept. Heads 40010 Police Chief 21,496 22,356 23,250 24,180 25,147 Dept. Heads 20710 Public Works Director 16,765 20,108
Unrep Mgmt 21050 Assistant to City Manager 14,210 17,064 Unrep Mgmt 21185 Chief Human Resources Officer 14,922 17,918 Unrep Mgmt 21315 Chief Technology Officer 14,922 17,918 Unrep Mgmt 20030 City Clerk 11,797 12,336 12,905 13,501 14,127 Unrep Mgmt 20145 Human Resources Analyst I 7,987 8,337 8,706 9,093 9,500 Unrep Mgmt 20155 Human Resources Analyst II 9,766 10,208 10,671 11,154 11,664 Unrep Mgmt 20180 Human Resources Manager 12,471 13,046 13,645 14,278 14,940 Unrep Mgmt 20930 Supervising Construction Inspector 10,128 10,587 11,070 11,577 12,109 Unrep Non-Mgmt 21010 Administrative Specialist-Confidential 6,554 6,883 7,228 7,590 7,970 Unrep Non-Mgmt 30800 Human Resources Technician 7,195 7,556 7,925 8,330 8,742

MANAGEMENT EMPLOYEES' GROUP (MEG)
Management 20360 Budget Manager/Purchasing Agent 11,878 12,425 12,996 13,598 14,228 Management 20590 Chief Building Official/Sr. Plans Examiner 13,666 14,294 14,958 15,650 16,381 Management 20810 City Engineer 14,189 14,852 15,546 16,273 17,038 Management 20505 Clinical Supervisor 8,450 8,824 9,216 9,628 10,061 Management 20650 Communications & Marketing Manager 11,375 11,937 12,499 13,053 13,616 Management 20800 Cyber Security Manager 12,315 12,870 13,451 14,049 14,690 Management 20630 Economic Development Manager 11,375 11,937 12,499 13,053 13,616 Management 20600 Environmental Program Manager 12,285 12,852 13,446 14,070 14,725 Management 20911 Fleet Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20540 HCD Manager 12,183 12,745 13,333 13,951 14,600 Management 20500 Intervention Counselor I 7,202 7,516 7,841 8,186 8,546 Management 20310 Information Technology (IT) Manager 14,210 14,870 15,565 16,296 17,064 Management 20450 Community Recreation Services Manager 11,980 12,530 13,110 13,717 14,355 Management 20080 Management Analyst I 7,987 8,337 8,706 9,093 9,500 Management 20090 Management Analyst II 9,766 10,208 10,671 11,154 11,664 Management 20100 Management Analyst III 11,878 12,425 12,996 13,598 14,228 Management 20560 Planning Manager 13,015 13,614 14,245 14,905 15,600 Management 20860 Principal Civil Engineer 12,726 13,314 13,932 14,582 15,260 Management 20730 Public Works Superintendent 12,388 12,957 13,559 14,187 14,850 Management 20920 Public Works Grounds Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20910 Public Works Streets Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20700 Recycling & Solid Waste Prog Manager 11,066 11,573 12,106 12,664 13,250 Management 20620 Redevelopment Manager 12,285 12,852 13,446 14,070 14,725 Management 20370 Revenue Collections Manager 11,878 12,425 12,996 13,598 14,228 Management 20350 Supervising Accountant 11,087 11,593 12,124 12,682 13,267 Management 20912 Transit Manager 11,980 12,530 13,110 13,717 14,355 Management 20508 Community Services Manager 10,128 10,588 11,070 11,577 12,110 City of Union City - Classification & Compensation Plan City Council/RSA Agenda 72 Tuesday, February 14, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 17,690 18,524 19,398 20,316 21,281 Police Mgmt. 40040 Police Lieutenant 14,997 15,731 16,503 17,320 18,178 Police Mgmt. 40015 Deputy Police Chief 18,556 19,426 20,341 21,297 22,307 Police Mgmt. 40045 Police Commander 15,742 16,508 17,315 18,168 19,064

POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 7,050 7,403 7,772 8,162 8,571 UCPOA 40095 Community Resources Coord 6,117 6,424 6,745 7,081 7,435 UCPOA 40090 Community Service Aide 6,035 6,304 6,587 6,885 7,199 UCPOA 40240 Confidential Operations Assistant 7,022 7,374 7,743 8,129 8,537 UCPOA 40080 Crime Analyst 8,571 9,000 9,449 9,923 10,418 UCPOA 40070 Dispatch Clerk 6,673 6,857 7,165 7,492 7,833 UCPOA 40170 Dispatch Clerk Trainee 5,778
UCPOA 40063 Personnel and Training Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40130 Police Corporal 11,867
UCPOA 40230 Police Dept. Office Coord. 6,074 6,380 6,698 7,033 7,386 UCPOA 40140 Police Office Assistant 5,537 5,814 6,105 6,410 6,731 UCPOA 40050 Police Officer 8,620 9,018 9,426 9,827 10,321 10,838 11,379 UCPOA 40150 Police Officer Recruit I 6,907
UCPOA 40160 Police Officer Recruit II 8,187
UCPOA 40060 Police Records Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40030 Police Sergeant 11,650 12,173 12,714 13,349 14,017 UCPOA 40120 Prisoner Transportation Officer 6,035 6,304 6,587 6,885 7,199 UCPOA 40100 Property & Evidence Specialist 6,035 6,304 6,587 6,885 7,199 UCPOA 40065 Property & Evidence Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40110 Public Services Officer I 6,117 6,424 6,745 7,081 7,435 UCPOA 40180 Public Services Officer II 6,440 6,763 7,101 7,454 7,828 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 38.50 39.56 41.34 43.22 45.19 UCPOA PT 40120 Prisoner Transportation Officer (PT) 34.82 36.37 38.00 39.72 41.53 UCPOA PT 40181 Public Services Officer I (PT) 35.29 37.06 38.91 40.85 42.89 UCPOA PT 40182 Public Services Officer II (PT) 37.15 39.02 40.97 43.00 45.16 PD UNREPRESENTED PART-TIME (hourly rates shown) Min. Range Max.

Unrep. Police PT 60120 Police Cadet 16.39 17.20 18.06
Unrep. Police PT 60150 Police Officer Trainee 44.00

PROFESSIONAL EMPLOYEES' GROUP (PEG)
Professionals 30060 Accountant 7,602 7,981 8,372 8,799 9,236 Professionals 30250 Assistant Planner 7,091 7,444 7,814 8,206 8,616 Professionals 30230 Associate Planner 8,250 8,660 9,092 9,548 10,023 Professionals 30053 Building Code Compliance Coordinator 10,703 11,261 11,822 12,380 12,939 Professionals 30090 Case Manager 5,761 6,048 6,350 6,668 7,002 Professionals 30275 Emergency Services Coordinator 8,810 9,250 9,705 10,192 10,702 Professionals 30150 Engineer I (Civil) 7,278 7,637 8,022 8,424 8,845 Professionals 30130 Engineer II (Civil) 8,083 8,487 8,901 9,354 9,818 Professionals 30120 Engineer III (Civil) 9,241 9,703 10,182 10,691 11,226 Professionals 30030 Environmental Analyst I 6,555 6,883 7,226 7,590 7,970 Professionals 30031 Environmental Analyst II 7,400 7,789 8,200 8,630 9,086 Professionals 30040 Environmental Programs Inspector 9,533 10,035 10,562 11,116 11,703 Professionals 30095 Homeless Prog Coordinator 6,179 6,510 6,840 7,172 7,540 Professionals 30080 Intervention Counselor 6,551 6,878 7,223 7,585 7,964 Professionals 30185 Lead Construction Inspector 9,605 10,069 10,498 10,997 11,498 Professionals 30066 Lead Payroll Technician 7,891 8,248 8,677 9,105 9,605 Professionals 30065 Payroll Technician 7,503 7,877 8,263 8,684 9,114 Professionals 30100 Recreation Supervisor 7,430 7,802 8,192 8,601 9,030 City of Union City - Classification & Compensation Plan City Council/RSA Agenda 73 Tuesday, February 14, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES' GROUP (PEG) (CONT.)
Professionals 30020 Senior Accountant 8,414 8,843 9,284 9,744 10,225 Professionals 30210 Senior Planner 9,295 9,783 10,300 10,840 11,410 Professionals 30400 Senior Recreation Supervisor 8,725 9,151 9,597 10,066 10,556 Professionals 30260 Senior Systems Analyst 10,703 11,261 11,822 12,380 12,939 Professionals 30310 Sustainability Analyst I 6,460 6,783 7,121 7,478 7,852 Professionals 30320 Sustainability Analyst II 7,627 8,007 8,409 8,829 9,270 Professionals 30055 Sr. Building/Code Compliance Inspector 9,533 10,035 10,562 11,116 11,703 Professionals 30265 Systems Analyst 10,264 10,778 11,317 11,882 12,476 Professionals 30501 Transit Planner - Assistant 6,808 7,148 7,503 7,880 8,274 Professionals 30502 Transit Planner - Associate 8,153 8,558 8,985 9,436 9,903 Professionals 30503 Transit Planner - Senior 9,295 9,783 10,300 10,841 11,410 Professionals 30270 Web and Database Administrator 9,793 10,282 10,797 11,337 11,904

SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 5,149 5,386 5,633 5,897 6,167 SEIU 1021 50525 Administrative Assistant II 5,633 5,897 6,167 6,454 6,753 SEIU 1021 50530 Administrative Assistant III 6,167 6,454 6,753 7,069 7,402 SEIU 1021 50290 Building/Code Compliance Inspector 7,429 7,773 8,130 8,503 8,891 SEIU 1021 50201 Building/Code Compliance - Trainee 6,551 6,857 7,171 7,499 7,843 SEIU 1021 50255 Building Permit Technician 5,923 6,220 6,520 6,821 7,118 SEIU 1021 50251 Building Permit Technician II 6,440 6,752 7,081 7,426 7,789 SEIU 1021 50566 Communications Coordinator 5,288 5,532 5,786 6,056 6,333 SEIU 1021 50256 Community Development Technician 5,778 6,069 6,361 6,655 6,944 SEIU 1021 50351 Facility Maintenance - Worker 5,723 5,980 6,250 6,537 6,832 SEIU 1021 50080 Finance Specialist I 4,793 5,007 5,248 5,495 5,750 SEIU 1021 50090 Finance Specialist II 5,248 5,495 5,750 6,028 6,312 SEIU 1021 50100 Finance Specialist III 5,750 6,028 6,312 6,613 6,930 SEIU 1021 50332 Lead Facilities Maintenance Worker 6,706 7,012 7,335 7,660 8,016 SEIU 1021 50537 Lead Outreach Worker 5,526 5,803 6,093 6,397 6,718 SEIU 1021 50323 Heavy Equipment Mechanic - Lead 7,043 7,362 7,701 8,043 8,417 SEIU 1021 50361 Leisure Services Maintenance Worker 5,084 5,338 5,605 5,885 6,180 SEIU 1021 50360 Maintenance I - Parks & Grounds 5,233 5,481 5,736 6,005 6,290 SEIU 1021 50330 Maintenance I - Streets 5,495 5,755 6,023 6,306 6,604 SEIU 1021 50342 Maintenance II - Parks & Grounds 5,794 6,067 6,349 6,649 6,963 SEIU 1021 50320 Maintenance II - Streets 6,084 6,371 6,666 6,980 7,311 SEIU 1021 50325 Maintenance Trainee-Parks & Grounds 4,485 4,693 4,913 5,140 5,380 SEIU 1021 50350 Maintenance Trainee-Streets 4,485 4,693 4,913 5,140 5,380 SEIU 1021 50500 Office Specialist I 4,059 4,246 4,433 4,631 4,841 SEIU 1021 50505 Office Specialist II 4,422 4,620 4,830 5,050 5,278 SEIU 1021 50510 Office Specialist III 4,826 5,046 5,274 5,517 5,769 SEIU 1021 50560 Preschool Site Supervisor II 4,052 4,255 4,468 4,692 4,925 SEIU 1021 50291 Public Works Inspector 7,315 7,726 8,100 8,491 8,901 SEIU 1021 50370 Public Works Maintenance II 5,794 6,067 6,349 6,649 6,963 SEIU 1021 50110 Recreation Administrative Technician 6,332 6,649 6,981 7,331 7,697 SEIU 1021 50160 Recreation Program Coordinator 5,764 6,045 6,343 6,657 6,982 SEIU 1021 50600 Recycling Programs Coordinator 5,947 6,237 6,544 6,869 7,205 SEIU 1021 50380 Special Projects Coordinator 5,391 5,645 5,908 6,185 6,479 SEIU 1021 50538 Street Outreach Worker 4,139 4,346 4,563 4,792 5,031 SEIU 1021 50341 Street Sweeper Operator 5,862 6,126 6,402 6,697 6,999 SEIU 1021 50400 Technical Support Specialist I 5,677 5,963 6,249 6,534 6,785 SEIU 1021 50405 Technical Support Specialist II 6,284 6,605 6,927 7,248 7,534 SEIU 1021 50517 Transit Coordinator 6,783 7,100 7,462 7,777 8,142 SEIU 1021 50321 Heavy Equipment Mechanic - Fleet 6,288 6,572 6,873 7,184 7,517 SEIU 1021 50326 Heavy Equipment Technician 4,977 5,224 5,487 5,761 6,048 SEIU 1021 50536 Youth Employment Coordinator 5,526 5,803 6,093 6,397 6,718 City of Union City - Classification & Compensation Plan City Council/RSA Agenda 74 Tuesday, February 14, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities Maint Attendant (PT) 24.81 26.05 27.36 28.73 30.17 SEIU 1021 PT 50533 CRS Program Manager 19.61 20.57 21.61 22.67 23.79 SEIU 1021 PT 50500 Office Specialist I (PT) 23.42 24.49 25.58 26.72 27.93 SEIU 1021 PT 50505 Office Specialist II (PT) 25.51 26.65 27.86 29.14 30.45 SEIU 1021 PT 50510 Office Specialist III (PT) 27.84 29.11 30.42 31.83 33.28 SEIU 1021 PT 50561 Preschool Site Supv. I 18.95 19.89 20.89 21.93 23.02 SEIU 1021 PT 50532 Program Coordinator (PT) 33.25 34.88 36.59 38.41 40.28 SEIU 1021 PT 50531 Senior Recreation Leader 16.10 16.92 17.77 18.65 19.61 SEIU 1021 PT 50539 PT Homeless Program Outreach Worker 23.88 25.07 26.32 27.64 29.02 SEIU 1021 PT 50538 PT Street Outreach Worker 23.88 25.07 26.32 27.64 29.02 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager 19.93 20.92 21.97 23.07 24.22 Unrep. Gen. PT 60100 Preschool Aide 15.50 16.27
Unrep. Gen. PT 60090 Preschool Teacher 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60072 Program Coordinator (PT) 23.25 24.41 25.63 26.91 28.26 Unrep. Gen. PT 60232 Recreation Aide 15.50 16.27
Unrep. Gen. PT 60233 Recreation Leader 16.61 17.44 18.31 19.22 20.19 Unrep. Gen. PT 60300 Seasonal Maintenance Worker 22.14
Unrep. Gen. PT 60234 Senior Recreation Leader 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60600 Intern 15.50 56.46
Unrep. Gen. PT 60570 Project Specialist 15.50 86.26
Unrep. Gen. PT 60400 Retired Annuitant 15.50 133.00
City of Union City - Classification & Compensation Plan City Council/RSA Agenda 75 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF UNION CITY, CITY OF

NEWARK, CITY OF FREMONT, UNION SANITARY DISTRICT, AND

ALAMEDA COUNTY WATER DISTRICT FOR THE PREPARATION OF

THE MULTIJURISDICTIONAL LOCAL HAZARD MITIGATION PLAN
Staff recommends that the City Council adopt this resolution approving a Memorandum of Understanding (MOU) between the City of Union City, City of Newark, City of Fremont, Union Sanitary District, and Alameda County Water District for the development of a Multijurisdictional Local Hazard Mitigation Plan (MLHMP).

STRATEGIC PLAN ALIGNMENT
This item is in alignment with the following City Council priority:

Goal C: Economic, Community Development and Public Safety Strategy 12: Provide employee training for emergency preparedness and conduct disaster response drill.

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

City Council/RSA Agenda 76 Tuesday, February 14, 2023
The City of Union City last adopted a Local Hazard Mitigation Plan (LHMP) in 2017. The LHMP identifies mitigation measures to reduce the risks posed by potential hazards and to strengthen community resilience. The LHMP is also incorporated by reference into the Safety Element of the General Plan and forms the basis of several of the General Plan policies, ensuring a coordinated approach to public safety and qualifying the City for additional funding opportunities (consistent with California Government Code Section 65302.6).

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

DISCUSSION
FEMA allocates Hazard Mitigation Assistance Grants (HMGP) funding to states according to a formula of 20 percent of eligible damage following Major Disasters. The California Governer's Office of Emergency Services (Cal OES) allocates FEMA HMGP funding to municipalities and other eligible public entities through a competitive grant sub-application process. To date, Cal OES has received $592 million in FEMA funding related to the 2020 California wildfires. In allocating associated HMGP funding to sub-applicants, Cal OES specifically identified LHMPs expiring within 24 months as its highest priority.

In June 2021, following extensive coordination with neighboring jurisdictions, the City submitted a proposal to Cal OES for funding to complete a Multijurisdictional LHMP. Emergency Management personnel from the City of Union City, City of Fremont, City of Newark, Alameda County Water District, and Union Sanitary District agreed to participate in the proposed project and agreed to recommend entering into a Memorandum of Agreement to formalize joint participation and share financial risk associated with the grant.

The new Multijurisdictional LHMP will be prepared consistent with the industry best practices; Federal and State guidance; and all applicable laws, rules and regulations. The funding that will be received will be used to hire a consultant, through competitive solicitation, to prepare the plan. This will be done under the direction of a Project Management Team made up of subject matter experts from the City of Union City, City of Fremont, City of Newark, Alameda County Water District, and Union Sanitary District. The Multijurisdictional LHMP Project Management Team will begin the selection process of a contractor in January 2023, award a contract by February 2023, and kick-off the MLHMP project by March 2023.

This Memorandum of Understanding formalizes the joint participation as well as the shared financial risk associated with the FEMA Grant.

FISCAL IMPACT
Each party in the Memorandum of Understanding will pay its proportionate share of the related costs of the consultant preparing the Multijurisdictional LHMP. The City of Union City's share of the cost is expected to be $32,401.72.

RECOMMENDATION
Staff recommends that the City Council adopt this resolution approving a Memorandum of Understanding (MOU) between the City of Union City, City of Newark, City of Fremont, Union Sanitary District, and City Council/RSA Agenda 77 Tuesday, February 14, 2023
Alameda County Water District for the development of a Multijurisdictional Local Hazard Mitigation Plan (MLHMP).

Prepared by:

Ricardo Martinez, Emergency Services Coordinator
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Resolution Resolution
Attachment 2 - Memorandumof Understanding Attachment
Power Point Attachment
City Council/RSA Agenda 78 Tuesday, February 14, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING

A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UNION CITY,

CITY OF NEWARK, CITY OF FREMONT, UNION SANITARY DISTRICT, AND

ALAMEDA COUNTY WATER DISTRICT FOR THE PREPARATION OF THE

MULTIJURISDICTIONAL LOCAL HAZARD MITIGATION PLAN
WHEREAS, all of the Union City, Newark, and Fremont Operational Area have exposure to natural hazards that may increase the risk to life, property, environment, and the County’s economy; and
WHEREAS; pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life, property and the public health and safety; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS, a coalition has been formed between the City of Union City, City of Newark, City of Fremont, Union Sanitary District, and Alameda County Water District to pool resources and create consistent mitigation strategies within the area of Union City, Newark, and Fremont; and WHEREAS, the coalition has developed planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; and
WHEREAS, the coalition desires to cooperate on the preparation of a multi-jurisdictional Local Hazard Mitigation Plan (LHMP) that outlines processes for identifying and prioritizing the natural hazards, risks, and vulnerabilities within Union City, Newark, and Fremont; and WHEREAS, the City of Fremont will retain a consultant to prepare the LHMP, and each party to the MOU will pay its proportionate share of the related costs; and WHEREAS, the City of Union City’s share of the cost is expected to be $32,401.72; and WHEREAS, Union City desires to enter into a memorandum of understanding with the City of Newark, City of Fremont, Union Sanitary District, and Alameda County Water District regarding the preparation of the Local Hazard Mitigation Plan.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the Memorandum of Understanding with the City of Newark, City of Fremont, Union Sanitary District, and Alameda County Water District regarding the preparation of the Local Hazard Mitigation Plan is approved, and that the City Manager is authorized to executed the Memorandum of Understanding in a form approved by the City Attorney.

City Council/RSA Agenda 79 Tuesday, February 14, 2023
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________

REGARDING PREPARATION OF A

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

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

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

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

City Council/RSA Agenda 81 Tuesday, February 14, 2023
2 NOW, THEREFORE, the Parties mutually agree as follows:

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

2. Preparation of Multi-jurisdictional LHMP.

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

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

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

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

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

City Council/RSA Agenda 82 Tuesday, February 14, 2023
3 4. Independent Parties
Each party shall, at all times, remain an independent public agency solely responsible for all acts of its employees or agents, including any negligent acts or omissions.

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

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

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

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

Union City: Newark:

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

Union City, CA 94587 Newark, CA 94560
City Council/RSA Agenda 83 Tuesday, February 14, 2023
4 Fremont: ACWD:

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

Fremont, CA 94538 Fremont, CA 94538
USD:

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

7. Miscellaneous.

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

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

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

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

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

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

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

SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 84 Tuesday, February 14, 2023
5 The Parties have executed this MOU as of the Effective Date.

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

CITY OF FREMONT ALAMEDA COUNTY WATER

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

UNION SANITARY DISTRICT
____________________________
Paul Eldredge, General Manager
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
District Clerk District Counsel
5297266.1
City Council/RSA Agenda 85 Tuesday, February 14, 2023
6 ATTACHMENT 1

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

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

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

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

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

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

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

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

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

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

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

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

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

City Council/RSA Agenda 86 Tuesday, February 14, 2023
7 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining auditsin accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

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

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

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

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

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

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

City Council/RSA Agenda 87 Tuesday, February 14, 2023
8 ATTACHMENT 2

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

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

TRI-CITIES MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN.

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

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

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

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

3. PAYMENT.
3(A). Billing. In order to request payment, Consultant shall submit monthly invoices to the City identifying the services performed and the charges therefor (including an identification of personnel who performed the services, hours worked, hourly rates, and reimbursable expenses), based upon the Consultant’s billing rates (set forth on Exhibit "B,” attached hereto and incorporated herein by reference). The City shall City Council/RSA Agenda 88 Tuesday, February 14, 2023
9 make payment to Consultant for services which are performed in accordance with this Agreement, to the satisfaction of the City, only upon Cal OES and FEMA’s approval of the Plan.
3(B). “Not to Exceed” Compensation. The compensation payable to Consultant for the services identified in Exhibit “A” shall not exceed $187,500. Consultant shall not perform any services beyond the services identified in Exhibit “A” without prior written authorization from the City’s Authorized Representative. If the City’s Authorized Representative provides authorization for additional services, the total compensation payable to the Consultant under this Agreement shall not exceed $187,500.
3(C). Consultant’s Failure to Perform. In the event that Consultant performs services which do not comply with the requirements of this Agreement, Consultant shall, upon receipt of written notice from the City, re-perform the services (without additional compensation to the Consultant). If Consultant’s failure to perform in accordance with this Agreement causes damages to the City, Consultant shall reimburse the City for the damages incurred (which may be charged as an offset to Consultant’s payment).

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

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

City Council/RSA Agenda 89 Tuesday, February 14, 2023
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Consultant’s accounting records shall include, at a minimum, all documents which support Consultant’s costs and expenses related to this Agreement, including personnel, subconsultant invoices and payments, and reimbursable expenses.

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

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

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

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

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

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

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

Consultant will include this requirement in any subcontract.

9. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement. Consultant shall at all times comply with all applicable regulations, policies, procedures, and Federal Emergency Management Agency (FEMA) Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 Code of Federal Regulations (CFR) 200.317 through 200.326 and more fully set forth in Appendix II to Part 200 – Contract City Council/RSA Agenda 90 Tuesday, February 14, 2023
1 1
Provisions for non-Federal Entity Contracts Under Federal Awards, which are included herein by reference under Exhibit E – Federal Provisions.

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

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

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

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

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

14. INDEMNIFICATION. Consultant shall indemnify, hold harmless, and defend the City (including its elected officials, officers, agents and employees) from and against any and all claims, litigation, demands, damages, liabilities, costs, and expenses, including court costs, attorney’s fees, experts fees and other costs and fees of litigation or other dispute resolution proceedings (“Claims”) resulting or arising from Consultant’s performance, or failure to perform, under this Agreement, except Claims arising out of the City’s sole City Council/RSA Agenda 91 Tuesday, February 14, 2023
1 2
negligence or willful conduct.

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

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

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

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

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

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

19. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this City Council/RSA Agenda 92 Tuesday, February 14, 2023
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paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

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

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

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

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

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

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

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

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

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

28. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their City Council/RSA Agenda 93 Tuesday, February 14, 2023
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respective successors and assigns.

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

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

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

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

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

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

GENERAL PARTNERSHIPS
XYZ Land Development,
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a California general partnership
By: _____________________

Its: General Partner

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

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

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

City Council/RSA Agenda 95 Tuesday, February 14, 2023
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SERVICE AGREEMENT EXHIBIT A
Scope of Services
Project Objectives
The City of Fremont (City), Fire Department is seeking Proposals from qualified and responsible consultants to manage, coordinate, prepare, and administer the development of a Multi-jurisdictional Local Hazard Mitigation Plan (“Plan”) – the scope of which shall include the Cities of Fremont, Newark, and Union City; Alameda County Water District (ACWD); and Union Sanitary District (USD), as well as invited participant public and nongovernmental agencies with an interest in the Plan. The Plan shall be developed in full compliance with the provisions of 44 CFR Section 201.6, applicable Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (Cal OES) rules and regulations concerning Local Hazard Mitigation Planning, and in conformance with industry best practices. The final project deliverable shall be a Cal OES and FEMA-approved Tri-Cities Multi-jurisdictional Local Hazard Mitigation Plan. The successfully prepared and approved Plan will permit any of the public agencies named above to be eligible to apply for FEMA Hazard Mitigation Assistance, including grant funding for capital improvements to mitigate risk. The preparation of the Plan and completion of all tasks described in the final, mutually agreed upon Scope of Services – as agreed between the City and the Consultant – shall constitute the “Project”.

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

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

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

Existing Local Hazard Mitigation Plans
The City of Fremont 2016-2021 Local Hazard Mitigation Plan was adopted by the Fremont City Council/RSA Agenda 96 Tuesday, February 14, 2023
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City Council on December 20, 2016 and was subsequently approved by FEMA on January 9, 2017. The 2016-2021 Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan was adopted by the Union City City Council July 11, 2017 and was subsequently approved by FEMA on August 18, 2017. The City of Newark City Council, and ACWD and USD Boards of Directors also adopted the Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan prior to FEMA’s approval. The new Plan will supersede the existing, aforementioned Local Hazard Mitigation Plans (LHMPs).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

December 2023
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SERVICE AGREEMENT EXHIBIT D

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

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

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

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

1. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Fremont before the City of Fremont’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

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

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: Bodily Injury by Accident - $1,000,000 each accident.

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

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

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

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

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

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

2. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City of Fremont.

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

D. ADDITIONAL INSURED REQUIREMENTS:

1. The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City of Fremont, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects alleged:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Fremont, its officers, officials, employees, agents or volunteers. b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Fremont, its officers, officials, employees, agents or volunteers. c. The Consultant’s insurance shall apply separately to each insured against City Council/RSA Agenda 105 Tuesday, February 14, 2023
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whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability.
d. Consultant shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City of Fremont and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City of Fremont and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after 30 days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.

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

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

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

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

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

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

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

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

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

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

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SERVICE AGREEMENT EXHIBIT E

FEDERAL PROVISIONS
A. DEFINITIONS

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

2. FEMA means the Federal Emergency Management Agency.

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

B. FEDERAL CHANGES

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

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

C. ACCESS TO RECORDS

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

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

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

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

D. DEBARMENT AND SUSPENSION

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

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

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

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

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

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

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

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

CONSULTANT

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

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

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

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

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

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

G. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR §13.36(i)(4)) City Council/RSA Agenda 110 Tuesday, February 14, 2023
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Consultant agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

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

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

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

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

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

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

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

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

3. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Consultant and any subcontractor responsible therefore shall be liable to any affected City Council/RSA Agenda 111 Tuesday, February 14, 2023
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employee for his unpaid wages. In additions, such Consultant and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

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

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

J. NOTICE OF REPORTING REQUIREMENTS

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

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

K. NOTICE OF REQUIREMENTS PERTAINING TO

COPYRIGHTS

1. Consultant agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
a. The copyright in any work developed with the assistance of funds provided under this Agreement;
b. Any rights of copyright to which Consultant purchases City Council/RSA Agenda 112 Tuesday, February 14, 2023
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ownership with the assistance of funds provided under this Agreement.

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

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

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

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

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

M. ENERGY CONSERVATION REQUIREMENTS

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

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

1. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) City Council/RSA Agenda 113 Tuesday, February 14, 2023
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and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

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

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

O. TERMINATION
See Section 15 of the Agreement.

P. CHANGES.

See Section 22 of the Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

S. PROCUREMENT OF RECOVERED MATERIALS (2 CFR
200.322)
Consultant shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program City Council/RSA Agenda 115 Tuesday, February 14, 2023
3 6
for procurement of recovered materials identified in the EPA guidelines.

T. INCORPORATION OF UNIFORM ADMINISTRATIVE

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

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

U. PROGRAM FRAUD AND FALSE OR

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

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

City Council/RSA Agenda 116 Tuesday, February 14, 2023
Service Agreement Attachment E1

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

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

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

Instruction for Certification

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

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

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

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

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

City Council/RSA Agenda 117 Tuesday, February 14, 2023

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

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

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

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

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

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

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

Consultant Signature Date
City Council/RSA Agenda 118 Tuesday, February 14, 2023
39 City Council/RSA Agenda 119 Tuesday, February 14, 2023 40 Service Agreement Attachment E2

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

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

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

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

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

Consultant Signature Date
City Council/RSA Agenda 120 Tuesday, February 14, 2023
41 ATTACHMENT 3

TIMEKEEPING
Sample Project Worksheet
City Council/RSA Agenda 121 Tuesday, February 14, 2023
42 Sample Project Activity Log
John Doe
John Doe
John Doe
City Council/RSA Agenda 122 Tuesday, February 14, 2023
43 Meeting Sign-in Sheet
City Council/RSA Agenda 123 Tuesday, February 14, 2023
Item 7.a: Memorandum of Understanding for 2023
Multijurisdictional Local Hazard Mitigation Plan
February 14, 2023 City Council Regular Meeting
City Council/RSA Agenda 124 Tuesday, February 14, 2023
2 Local Hazard Mitigation Plan -Background • Disaster Mitigation Act of 2000 amended the Stafford Act to include Title 44, Chapter 1.
• This requires all State, Local and Tribes to identify natural hazards that could impact their communities.
• This also requires all State, Local and Tribes to identify actions and activities that could reduce losses.
• Local governments are required to prepare and adopt a jurisdictionwide plan, known as Local Hazard Mitigation Plan (LHMP). • At a minimum, jurisdictions are required to review and update their LHMP every 5 years.

Item 7.a:

Approving a MOU for Development of a MLHMP
City Council/RSA Agenda 125 Tuesday, February 14, 2023
3 Presents a strategy
for reducing the City’s
vulnerability and
strengthening
community resilience
Serves as a guide for
decision-makers as
resources are
committed
Allows the City to be
eligible for FEMA PreDisaster Mitigation
and Hazard Mitigation
Grant programs
Lays the foundation
for General Plan
policies and is
referenced in Safety
Element
Item 7.a:

Approving a MOU for Development of a MLHMP
Importance of a LHMP
City Council/RSA Agenda 126 Tuesday, February 14, 2023
4 Union City’s Current MLHMP• On July 11, 2017, the City partnered with the City of Newark, ACWD, and USD to adopt the 2016-2017 Union City/Newark MLHMP. • On August 18, 2017, the 2016-2017 Union City/Newark MLHMP wa s
approved by FEMA.
• This new MLHMP will supersede the existing, aforementioned MLHMP.

Item 7.a:

Approving a MOU for Development of a MLHMP
City Council/RSA Agenda 127 Tuesday, February 14, 2023
5 May 2021
City of Union City, City of Fremont,
City of Newark, ACWD, and USD
agreed to submit a Notice of Intent
for a FEMA Grant to hire a
consultant to help prepare a
MLHMP for all agencies
All partnering
agencies signed a
Letter of Commitment
as part of FEMA Grant
application
June 2021
Item 7.a:

Approving a MOU for Development of a MLHMP
MLHMP Timeline
City Council/RSA Agenda 128 Tuesday, February 14, 2023
6 City of Fremont submitted
the sub-application to Cal

OES/FEMA
FEMA notified Cal OES
approval of grant for
preparation of MLHMP
City of Fremont released
Request for Proposal for a
consultant to prepare the
MLHMP
June 2021 September
2022
December 2022
Item 7.a:

Approving a MOU for Development of a MLHMP
MLHMP Timeline (cont’d)
City Council/RSA Agenda 129 Tuesday, February 14, 2023
7 MLHMP Project
Management Team held
interviews for selection of
a consultant
A consultant was selected
and City of Fremont to
begin negotiations with
Foster-Morrison on behalf
of all agencies
January 2023 February 2023
Item 7.a:

Approving a MOU for Development of a MLHMP
MLHMP Timeline (cont’d)
December
2023
Completion
March/Apri
l 2023
Kick Off
City Council/RSA Agenda 130 Tuesday, February 14, 2023
8 Memorandum of Understanding• While City of Fremont will be the lead agency for the FEMA Grant, MOU formalizes joint participation as well as the shared financial riskassociated with the FEMA Grant. • City of Fremont would be authorized to enter into a contract with a Consultant to prepare a MLHMP on behalf of all parties. • MOU provides a Scope of Work for the Consultant to prepare a draft MLHMP for review by all parties.
• Each party will have the opportunity to provide comments and edits to the Contractor about the MLHMP prior to final version.
• Each party is responsible for a portion of costs – Union City’s share shall not exceed $32,401.72.
• Union City shall pay its portion through in-kind services of staff assigned to this project.

Item 7.a:

Approving a MOU for Development of a MLHMP
City Council/RSA Agenda 131 Tuesday, February 14, 2023
9 RecommendationStaff recommends that the City Council adopt a resolutionamending approving a Memorandum of Understanding(MOU) between the City of Union City, City of Newark, Cityof Fremont, Union Sanitary District, and Alameda CountyWater District for the development of a MultijurisdictionalLocal Hazard Mitigation Plan (MLHMP).

Item 7.a:

Approving a MOU for Development of a MLHMP
City Council/RSA Agenda 132 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION TO APPROVE A POST-RETIREMENT

EMPLOYMENT LETTER WITH LISA ACHEN AS A RETIRED

ANNUITANT TO SERVE AS THE INTERIM HUMAN RESOURCES
DIRECTOR PURSUANT TO GOVERNMENT GODE SECTIONS 21221(H)
Staff recommends that the City Council adopt a resolution and approve an employment letter, authorizing the City to hire Lisa Achen as an interim Human Resources (HR) Director pursuant to Government Code Sections 21221(h).

STRATEGIC PLAN ALIGNMENT
The appointment of an interim Human Resources Director is consistent with the Strategic Plan in order to maintain continuity of ongoing projects that are critical to economic development and community goals.

BACKGROUND
The current Human Resources (HR) Director resigned, effective February 15, 2023. Staff is recommending that an interim HR Director be brought on as soon as possible untila new HR Director is appointed.

Government Code section 21221(h) of the Public Employees’ Retirement Law permits the City to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year.

DISCUSSION
Authorizing the City Manager to appoint Lisa Achen into the Interim HR Director retired annuitant position will City Council/RSA Agenda 133 Tuesday, February 14, 2023
require the City Council to adopt a resolution making specific findings related to hiring a retired annuitant pursuant to Government Code section 21221(h).

The appointment will be a term of limited duration, to end no later than December 31, 2023, and the hourly rate will be $105 per hour. Such terms are in conformance with CalPERS regulations.

FISCAL IMPACT
The hiring of Lisa Achen for up to 960 hours will not impact the General Fund as the position will be vacant untila new HR Director is hired.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution to approve an employment letter, authorizing the City to hire Lisa Achen to serve as a Retired Annuitant because she has the needed and has specialized skills to serve as an interim HR Director, as required by Government Code section 21221(h).

Prepared by:

Joan Malloy, City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Resolution Resolution
Employment Offer Letter - LisaAchen Attachment
CalPERS PUB33 - Employment After Retirement Attachment
City Council/RSA Agenda 134 Tuesday, February 14, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING A POST-RETIREMENT EMPLOYMENT LETTER WITH LISA ACHEN

AS A RETIRED ANNUITANT TO SERVE AS THE INTERIM HUMAN RESOURCES DIRECTOR PURSUANT TO GOVERNMENT GODE SECTIONS 21221(H)
WHEREAS, Government Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City Council of the City of Union City desires to appoint Lisa Achen as an interim appointment retired annuitant to the vacant position of Human Resources Director of the City of Union City under Gov. Code section 21221(h), effective February 15, 2023; and WHEREAS, the City Council of the City of Union City, the City of Union City and Lisa Achen certify that Lisa Achen has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires that the retiree be appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, the City of Union City has begun the search for a permanent appointment on Monday, February 13, 2023; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on December 31, 2023 or sooner; and
WHEREAS, the entire employment letter, contract or appointment document between Lisa Achen and the City of Union City has been reviewed by the City Council and is attached hereto; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $19,729 per month and the hourly equivalent is $113.82 per hour; the minimum base salary for this position is $16,455 per month and the hourly equivalent is $94.93 per hour; and WHEREAS, the hourly rate paid to Lisa Achen will be $105.00 per hour; and WHEREAS, Lisa Achen has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

City Council/RSA Agenda 135 Tuesday, February 14, 2023
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Union City hereby certifies the nature of the employment of Lisa Achen as described herein and detailed in the attached employment letter and that this appointment is necessary to fill the critically needed position of Human Resources Director for the City of Union City because the Human Resources Director is a key executive-level position responsible for managing operations of the Union City Human Resources Department.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, 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 136 Tuesday, February 14, 2023
February 15, 2023
Lisa Achen
Dear Ms. Achen:

I am pleased to offer you this interim appointment as a retired annuitant to the vacant position of Human Resources Director for the City of Union City, effective February 15, 2023. Based on a review of your qualifications and work history, including 20 years where you served as Assistant Human Resources Director for the City of Roseville, where you helped oversee programs and services to more than 1,700 employees, which included more than 600 seasonal and/or volunteer staff, you possess the necessary experience and skills to perform the work of Human Resources Director during the recruitment to fill the position.

As the City of Union City is a CalPERS employer, any post-retirement employment is governed by CalPERS regulations and statutes. Attached for your reference is a copy of the CalPERS publication “A Guide to CalPERS Employment After Retirement” (Publication 33, dated November 2021) with general information on working after retirement. Please note that any retired annuitant employment that is deemed unlawful by CalPERS could result in your reinstatement from retirement.

This letter outlines the terms of the City’s offer of an interim appointment as a retired annuitant to the position of Human Resources Director.

1. A retired annuitant is classified as an hourly, temporary, at-will employee and is not represented by any of the City’s bargaining units or groups.

2. Your hourly pay rate during your interim appointment as Human Resources Director will be $105/hr. This hourly rate is not less than the minimum rate of $94.93/hr or more than the maximum rate of $113.82/hr for the vacant Human Resources Director position as listed on the City’s publicly available Classification & Compensation Plan.

3. You are not eligible to receive any benefit, incentive, compensation in-lieu of benefits, or any other form of compensation in addition to the hourly pay rate.

The City will not collect or pay any retirement contributions for your retired annuitant work.

4. In accordance with CalPERS regulations, the City will report your pay rate and all hours worked as a retired annuitant to CalPERS.

5. The City is currently in the process of recruiting for the position of Human Resources Director. In accordance with Government Code Section 21221(h), a retiree can be appointed only once as an interim employee to a vacant position during the recruitment for a permanent replacement. It is anticipated that your City Council/RSA Agenda 137 Tuesday, February 14, 2023
interim appointment will continue until the recruitment for Human Resources Director is completed and a new Director is appointed. However, in no case will your interim appointment end later than December 31, 2023. Should you accept appointment to this at-will position, you will serve at the pleasure of the City Manager and the City may terminate your appointment at any time.

6. Your regular work week may vary in hours per week, with occasional work required in evenings or on weekends depending upon work demands. However, as a CalPERS retired annuitant, you will also be subject to Government Code Section 21224 and can work no more than 960 hours in a fiscal year (July 1st - June 30), for employment with all CalPERS employers combined.

7. Upon accepting employment you must certify in writing that you did not receive any unemployment insurance payments within the 12 months prior to this appointment for previous retired annuitant work with any CalPERS employer.

Please let me know if you have any questions regarding this letter or any aspects of this offer of employment. I may be reached directly at [email protected]. I look forward to working with you during your interim appointment.

Sincerely,
Joan Malloy
City Manager
City Council/RSA Agenda 138 Tuesday, February 14, 2023
ACCEPTANCE OF OFFER:

Government Code Section 7522.56 provides that a retiree cannot be appointed to post-retirement employment if the retiree received unemployment insurance compensation for any prior retired annuitant work for any public employer during the twelve (12) month period prior to the appointment date. I understand and certify that I am in compliance with this requirement.

I certify that I have reached the normal retirement age for my retirement benefit formula(s) and a bona fide separation in service is not required.

I have not received any employer incentive to retire from the City of Union City, including, but not limited to, a golden handshake.

I, Lisa Achen, accept the interim retired annuitant appointment to the position of Human Resources Director effective February 15, 2023.
__________________________________________ _____________________________ Signature Date
City Council/RSA Agenda 139 Tuesday, February 14, 2023
A Guide to CalPERS
Employment After Retirement
City Council/RSA Agenda 140 Tuesday, February 14, 2023
This page intentionally left blank
City Council/RSA Agenda 141 Tuesday, February 14, 2023
www.calpers.ca.gov

TABLE OF CONTENTS
Introduction ............................................. 3 Terms and Definitions .................................. 3 Partial Service Retirement ................................ 4 Volunteering for a CalPERS Employer After Retirement .......... 4 Before You Retire ...................................... 4 Restrictions on Post-Retirement Employment .................. 5 Termination of Retirement Due to Unlawful Employment ........ 6 Post-Retirement Employment Scenarios .................... 7 Private Sector Employment ............................... 7 Employment in Other Public Retirement Systems ............... 7 CalPERS/CalSTRS Election .............................. 7 Employment in JRS II ................................... 7 Working for a CalPERS Employer .......................... 8 Retired Annuitant Rules .................................. 9 Extra Help Positions .................................... 9 Vacant Positions ...................................... 10 Eligibility Requirements for Retired Annuitants ............... 11 State Employer Civil Service Eligibility Requirement ........... 12 Unemployment Insurance Payments ....................... 12 Exceptions to Retired Annuitant Requirements ................ 12 Independent Contractor Employment ..................... 14 Independent Contractor, Consultant, Third-Party Employee ...... 14 Contract Employee .................................... 14 Statutory Employee .................................... 15 Independent Contractor Determination ..................... 15 Disability Retirees –
Additional Requirements and Restrictions ................. 16 Working for a CalPERS Employer in a Permanent Capacity
After Disability Retirement ............................ 18 Become a More Informed Member ........................ 21 CalPERS Website ..................................... 21 myCalPERS ......................................... 21
CalPERS Education ................................... 21 Experience CalPERS Through Social Media .................. 21 Reach Us by Phone .................................... 21 Visit Your Nearest CalPERS Regional Office .................. 22 Privacy Notice .......................................... 23 City Council/RSA Agenda 142 Tuesday, February 14, 2023
2 888 CalPERS (or 888 -225-7377)
City Council/RSA Agenda 143 Tuesday, February 14, 2023
www.calpers.ca.gov 3

INTRODUCTION
If you are planning to supplement your CalPERS pension by working after retirement, you need to know there are specific laws governing the type, timing, and amount of work you can accept without affecting your pension.

You should fully understand the rules surrounding employment after retirement and the consequences of unlawful employment. This publication is designed to help you navigate those rules and help you avoid these potential pitfalls:
• Termination of your monthly CalPERS retirement allowance • Reinstatement from retirement
• Repayment of retirement benefits already received
• Payment of retroactive retirement contributions and interest • Loss of cost-of-living increases
• Loss of golden handshake benefits
This publication also provides information about working for a CalPERS employer as an independent contractor, consultant, contract employee, or through a third-party employer, such as a temp agency. Additional CalPERS publications referenced within can be obtained on our website at www.calpers.ca.gov or by calling us at 888 CalPERS (or 888-225-7377).

Terms and Definitions
The following table lists key terms and definitions used in this publication.

Term Definition
Reinstatement Returning from retirement status to active employment with a CalPERS employer. Your retirement allowance is terminated until you re-retire in the future. You and your employer also resume making retirement contributions, and you earn
service credit.

CalPERS
Retiree
An employee of a CalPERS employer who terminates
active employment and receives a monthly CalPERS
retirement allowance.

Retired
Annuitant
A CalPERS retiree working as an at-will employee for a
CalPERS employer without reinstating from retirement.

Termination
of Retirement
The cancellation of your monthly retirement allowance.

Unlawful
Employment
Retiree employment found to be in violation of the
retirement law and regulations.

City Council/RSA Agenda 144 Tuesday, February 14, 2023
4 888 CalPERS (or 888 -225-7377)
Partial Service Retirement
An alternative to service retirement and working as a retired annuitant is partial service retirement. This benefit is available to full-time state miscellaneous, full-time state industrial, and full-time public agency employees whose employer contracts for this benefit. It works this way: With employer approval, an employee who meets the eligibility requirements can reduce his or her work time by at least 20% but not more than 60% and receive a retirement allowance for the balance.

For more information about partial service retirement, contact your employer and ask if they contract for this benefit and see A Guide to Your CalPERS Partial Service Retirement (PUB 14).

Volunteering for a CalPERS Employer After Retirement
You may serve as a volunteer for a CalPERS employer after your retirement.

Service as a bona fide volunteer is not subject to retired annuitant restrictions.

However, you may not volunteer in a position that is normally compensated, and you may not volunteer in order to avoid retired annuitant restrictions.

Service that is not in a bona fide volunteer position will have to comply with retired annuitant restrictions.

Before You Retire

1. Apply for Retirement and Select a Retirement Date
Separation from employment alone is not considered retirement—you must submit a retirement application to CalPERS to complete the retirement process. You must stop working in all CalPERS-covered employment, including all full-time and part-time positions and any elected or appointed offices for which you have CalPERS membership. Please consider employment that you may be working in as noncontributory. If you cease working in a full-time position, noncontributory part-time positions will become contributory if you do not separate from them prior to retirement.

It is your responsibility to inform every CalPERS employer of your planned retirement date so that each employer can submit permanent separation information on your behalf. Your retirement date can be no earlier than the day after your last day on payroll with any CalPERS employer.

2. Determine your “Normal Retirement Age”
You will want to know how we define “normal retirement age” if you intend on working for a CalPERS employer after retirement; this age determines if you will be subject to the bona fide separation requirement.

Federal tax law and California retirement law require a retiring member who is younger than normal retirement age on his or her retirement date to meet a bona fide separation in service before working after retirement for a CalPERS employer.

City Council/RSA Agenda 145 Tuesday, February 14, 2023
www.calpers.ca.gov 5
Normal retirement age for CalPERS purposes is the age listed in your retirement benefit formula, for example, age 55 for the 2% at 55 formula or age 62 for the 2% at 62 formula. However, maximum normal service retirement age is never greater than 62, even for the 1.25% at 65 formula.

If your retirement allowance is based on more than one formula, regardless of when that formula was earned, the oldest benefit formula age determines your normal retirement age. If you are younger than the age in that formula on your retirement date, please refer to the “Bona Fide Separation in Service Requirement” section on page 11.

To determine your normal retirement age, please access your myCalPERS account through our website. Your normal retirement age is listed on the home page. You can also refer to your CalPERS Annual Member Statement or contact CalPERS.

Restrictions on Post-Retirement Employment
State and federal laws provide specific employment restrictions for retirees who return to work with an employer in the same public retirement system from which they receive a benefit.

These restrictions are intended to prevent the “double-dipping” of a retiree receiving a monthly CalPERS retirement benefit while also receiving a salary from permanent or regular staff employment with a CalPERS employer.

Retirees may work in retired annuitant positions only. See “Retired Annuitant Rules” beginning on page 9. Disability retirees are subject to additional requirements and restrictions. Also see “Disability Retirees – Additional Requirements and Restrictions” beginning on page 16.

When applying for employment with any employer, it is your responsibility to:
• Ask if the employer contracts with CalPERS for retirement benefits. • Inform the employer you are a CalPERS retiree (receiving a retirement benefit from CalPERS) and specify the type of retirement, whether service, disability, or industrial disability.
• Apply for retired annuitant positions only. Disability retirees may work in a permanent position upon receipt of CalPERS’ written pre-approval.

See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement” beginning on page 18.

You and the employer are responsible for ensuring your employment complies with the retirement law when hired and during the entire course of your employment. Violating these laws and restrictions could financially impact you, so it is advised that you be aware of these laws and ensure you are in compliance.

To view your most
recent Annual Member
Statement, log in to your
myCalPERS account at
my.calpers.ca.gov.

City Council/RSA Agenda 146 Tuesday, February 14, 2023
6 888 CalPERS (or 888 -225-7377)
Termination of Retirement (Reinstatement From
Retirement) Due to Unlawful Employment
Any retiree employment found to be in violation of the retirement laws and regulations is unlawful employment. If you are found to be employed in unlawful employment, you will be financially impacted due to the violation. This could result in your reinstatement from retirement, retroactive to the date the unlawful employment began.

If reinstated, your retirement allowance (pension payments) will stop and you will be required to reimburse CalPERS the amount of retirement allowance you received during the period of unlawful employment. In addition, you will pay your employer the member contributions plus interest owed retroactive to your reinstatement date. The employer who unlawfully employed you will submit your member contributions and pay employer contributions plus interest owed retroactive to your reinstatement date.

When you re-retire, please be aware that your new retirement may not include the same benefits you had with your previous retirement. Reinstatement may result in a loss of medical coverage and adversely affect other benefits from your prior retirement, such as a golden handshake or reciprocity, if another system’s final compensation was used to calculate your CalPERS allowance.

For information about voluntary reinstatement from retirement into active employment, review A Guide to CalPERS Reinstatement From Retirement (PUB 37), which contains the application for reinstatement.

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P O S T- R E T I R E M E N T E M P LOY M E N T S C E N A R I O S Private Sector Employment
If you are a service retiree, you can work for a private industry employer not associated with any CalPERS employer without restrictions and continue to receive your CalPERS retirement allowance.

If you are a disability retiree, there are restrictions on the work you can do for a private industry employer. If you retired on a disability or industrial disability, be sure to review the “Disability Retirees – Additional Requirements and Restrictions” section beginning on page 16.

If you are either a service retiree or a disability retiree, and you want to work for a private sector employer who provides a service to a CalPERS employer, please see the section on “Independent Contractor Employment” beginning on page 14.

Employment in Other Public Retirement Systems
If you are a service retiree, you can work without restrictions in a position that qualifies for membership in any other public retirement system without terminating your CalPERS retirement and continue to receive your CalPERS allowance. This includes certificated (teaching) positions covered by the California State Teachers’ Retirement System (CalSTRS).

If you are a disability retiree, there are restrictions on working for an employer in a different public retirement system. See the section on “Disability Retirees – Additional Requirements and Restrictions” beginning on page 16.

CalPERS/CalSTRS Election
The retirement system election to elect coverage under CalSTRS for a CalPERS-covered position or CalPERS for a CalSTRS-covered position under Government Code section 20309 only applies to active members. Retirees are ineligible for this election.

Employment in JRS II
For information about employment in positions that qualify for membership in the Judges’ Retirement System II, please call (916) 795-3688.

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Working for a CalPERS Employer
If your post-retirement plans include working for a CalPERS employer, you have these options: reinstating from retirement, working as an independent contractor, or retired annuitant employment. Disability retirees have another option, which is to work in a permanent position under Government Code section 21232. If you retired on a disability or industrial disability, there are additional restrictions on the work you can do while retired. Please review the “Disability Retirees – Additional Requirements and Restrictions” section beginning on page 16 for information on that option.

Voluntary Reinstatement From Retirement
You should only apply for and accept a regular staff position with a CalPERS employer if you are voluntarily reinstating from retirement, and you and the employer have completed the Reinstatement From Service Retirement Application form or the Reinstatement From Disability/Industrial Disability Retirement Application form. For more information about voluntary reinstatement from retirement into active employment, review A Guide to CalPERS Reinstatement From Retirement (PUB 37), which contains the reinstatement application forms.

Independent Contractor Employment
You can be lawfully employed by a CalPERS employer as an “independent contractor,” as a “consultant,” or as an “employee of a third-party employer,” including your own business entity, if there is no common law employeremployee relationship between you and the CalPERS employer. Please see the section on “Independent Contractor Employment” beginning on page 14.

Retired Annuitant Employment
A retired annuitant is a CalPERS retiree who works as an at-will employee of a CalPERS employer with certain restrictions to avoid jeopardizing his or her retirement allowance (pension payments). As a retired annuitant, you do not accrue service credit or otherwise acquire any additional retirement benefits from the employment. If you intend to remain retired and work for a CalPERS employer, you should only apply for and accept a retired annuitant position. Appointment to any permanent or regular staff position (part- or fulltime, intermittent, hourly, seasonal, on call, exempt from civil service, exempt from membership, etc.) requires reinstatement from retirement. This applies to all CalPERS member classifications (miscellaneous, safety, police, fire, etc.).

City Council/RSA Agenda 149 Tuesday, February 14, 2023
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RETIRED ANNUITANT RULES
There are two types of retired annuitant employment: “extra help” and interim (or acting) “vacant position” employment.

Extra Help Positions
The retired annuitant employment restrictions for extra help positions are authorized by Government Code sections 7522.56, 21224, 21227, and 21229.

You must meet the following restrictions:
• Limited-Duration Work
You have skills needed to perform work of limited duration or your employment is needed during an emergency (such as floods, earthquakes, etc.) to prevent stoppage of public business. While these workloads may last more than one fiscal year, the employment should terminate when the limited-duration work you were hired to perform is completed. Examples of work of limited duration are work to eliminate a backlog, work on a special project, and work that is in excess of what regular staff can do.

You cannot be employed in any regular staff position such as “seasonal,” “permanent intermittent,” “exempt from civil service,” “exempt from membership,” “TAU,” or any other “temporary” position other than a retired annuitant position.
• Compensation
The hourly pay rate you receive cannot be less than the minimum or exceed the maximum paid to other employees performing comparable duties as listed in the employer’s publicly available pay schedule. Also, you cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate. For example, longevity compensation, sick leave, or vacation benefits cannot be provided to a retired annuitant. The only exception would be if the employee is being reimbursed dollar for dollar for job-related expenses (for example, mileage reimbursement or uniform cost).
• 960-Hour Limit
The hours you work cannot exceed 960 hours in a fiscal year (July 1 through June 30) for employment with all CalPERS employers combined. There are no exceptions to this limit. Your employer must enroll and report your hours to CalPERS, per Government Code section 21220. Your employerreported retired annuitant hours can be viewed in your myCalPERS account. You are able to view your total employer-reported hours from all employers for the current fiscal year.

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California State University (CSU) academic staff retirees can work as retired annuitant academic staff for CSU employers as authorized by Government Code sections 7522.56 and 21227. However, the hours worked for all CSU employers cannot exceed 960 hours in a fiscal year or 50% of the hours employed during the last fiscal year prior to retirement, whichever is less.
• Unemployment Insurance Payments
You cannot be appointed as a retired annuitant if you received unemployment insurance payments for prior retired annuitant work for any CalPERS employer within 12 months prior to your appointment date. Upon accepting employment, you must certify in writing to the employer that you comply with this requirement. See additional information in the section “Unemployment Insurance Payments” on page 12.

Vacant Positions
You may be appointed to an interim position by the governing body of an employer, as authorized by Government Code sections 7522.56 and 21221(h).

The employment must meet all the requirements above for extra help positions and the following additional requirements below. Examples of these positions include city manager, police chief, fire chief, individual department head, director, CEO, etc.
• Active Recruitment
Before you are hired, the employer must have in place an active recruitment for a permanent replacement for the vacant position.
• Limited-Duration Work
You can be hired only as an interim or acting appointment during the period of recruitment; you cannot work in a permanent capacity or for an indefinite period of time.
• Single Appointment
You can be appointed only once to the vacant position.
• Compensation
Your hourly pay rate cannot be less than the minimum or exceed the maximum for the vacant position as listed on the employer’s publicly available pay schedule. As noted above, you cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate.

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Eligibility Requirements for Retired Annuitants
In addition to the requirements on the previous pages, all retirees must meet both of the following two requirements to be eligible to work for a CalPERS employer:

1. Bona Fide Separation in Service Requirement
You cannot be employed as a retired annuitant if you are younger than the “normal retirement age” on your retirement date, unless both of the following conditions are met:
• There was no verbal or written agreement to return to work as a retired annuitant between you and any CalPERS employer before you retired. • There is a termination of employment (separation in service) for 60 days between your retirement date and the date your limited-duration employment as a retired annuitant will begin.

All retirees who are under normal retirement age at retirement must meet the bona fide separation in service requirement even if an exception to the 180-day wait period applies (see below). These two requirements may be served concurrently. The only exception to this restriction is for employment due to the specific emergency conditions as defined in Government Code section 8558. This bona fide separation requirement is in California retirement law and regulations to comply with Internal Revenue Code tax regulations.

2. 180-Day Wait Period Requirement
You cannot be employed as a retired annuitant for a period of 180 days after your retirement date, unless you qualify for one of the following exceptions.

The 180-day wait period begins on your retirement date.

Exceptions
• Before you begin work, your employer must certify the nature of the employment and that the appointment is necessary to fill a critically needed position sooner than 180 days. The appointment must be approved by the employer’s governing body, in a public meeting, and must be approved as an action item, rather than on a consent calendar.
• You will participate in the California State University’s (CSU) Faculty Early Retirement Program (FERP) pursuant to a collective bargaining agreement with CSU that existed prior to January 1, 2013, or has been included in subsequent agreements.
• You are a retired firefighter or retired public safety officer as defined in Government Code section 3301 (peace officer) who will perform firefighter or peace officer retired annuitant work.
• You are a CalSTRS retiree who is subject to sections 24212, 24214.5, or 26812 of the Education Code. Call CalSTRS at (800) 228-5453 for more information.

The 180-day wait period applies without exception if you receive a golden handshake or any other employer incentive to retire.

Normal retirement
age is the oldest age
listed in your retirement
benefit formulas. To find
this age, log in to your
myCalPERS account at
my.calpers.ca.gov.

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State Employer Civil Service Eligibility Requirement
Retired annuitant employment with a state agency is limited to retirees who have civil service eligibility from previous state agency employment or who qualify for appointment under an applicable civil service employment list. Visit the California Department of Human Resources website at www.calhr.ca.gov for more information. Retired State of California employees can apply for retired annuitant positions via the Boomerang website at boomerang.ca.gov.

Unemployment Insurance Payments
California law prohibits appointment of a retired annuitant by a CalPERS employer if, during the 12-month period before an appointment, you received unemployment insurance compensation for prior retired annuitant employment with any CalPERS employer. Upon accepting employment, you must certify in writing to the employer that you comply with this requirement.

If you are working as a retired annuitant and it is discovered that during the previous 12 months you were paid unemployment insurance compensation based on prior retired annuitant employment with any CalPERS employer, your employment must be terminated on the last day of the current pay period. You will not be eligible for appointment as a retired annuitant with any CalPERS employer for 12 months following the termination date of the current employment. Violation of this unemployment insurance compensation restriction does not result in mandatory reinstatement from retirement.

Exceptions to Retired Annuitant Requirements
Elected or Appointed Offices
You can serve in an elected or appointed office after retirement without reinstatement from retirement. However, if you serve without reinstatement and part or all of your retirement allowance is based on service in that elected or appointed office, the portion of your allowance based on service in that office must be suspended for your time in office. When you leave office, your allowance will be unsuspended going forward.

If you wish to elect membership to earn additional CalPERS service credit for your time in the elected or appointed office and that office is subject to CalPERS membership, you must reinstate from retirement.

If you are serving in an elected or appointed office for which you have CalPERS membership and wish to retire before your term expires, you must resign from that office.

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Special State Appointments
Part-Time Member of State Board or Commission –
CalPERS Retirees and Non-CalPERS Retirees
You can serve without reinstatement from retirement as a salaried part-time member of a state board or commission, where part-time is defined as an appointment with a salary of no more than $60,000 annually, which will be increased in any fiscal year in which a general salary increase is provided for state employees. The amount of the increase cannot exceed the percentage of the general salary increases provided for state employees during that fiscal year. You acquire no benefits, service credit, or retirement rights from this employment.

Full-Time Member of State Board or Commission –
CalPERS Retirees
You can serve without reinstatement from retirement as a non-salaried fulltime member of a state board or commission. You may receive only per diem authorized to all members of the board or commission. You do not earn any service credit or benefits in CalPERS, or make any CalPERS contributions.

If you accept the salary, you must reinstate from retirement.

Full-Time Member of State Board or Commission –
Non-CalPERS Retirees
If you receive retirement from a public retirement system other than CalPERS, you can serve as a non-salaried full-time member of a state board or commission and continue to receive your retirement allowance in addition to any per diem authorized to all members of the board or commission. If you accept the salary, you must suspend your retirement benefit from the other system and enroll as a new member of CalPERS.

Upon retirement (1) the pensionable compensation earned from the service on this board or commission will not be eligible for reciprocity with any other retirement system or plan, and (2) you will be entitled to future reinstatement of any suspended benefits, including employer-provided retiree health benefits, for which you were entitled at the time of appointment to the board or commission.

Full-Time Commissioner of the State Board of Parole Hearings or Full-Time Commissioner of the State Board of Juvenile Hearings – CalPERS Retirees and Non-CalPERS Retirees
If you are appointed as a full-time commissioner of the California Board of Parole Hearings or the California Board of Juvenile Hearings, you may serve without reinstatement from retirement, and without loss or interruption of benefits provided by the retirement system. These appointments are made by the Governor and require confirmation by the California Senate.

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INDEPENDENT CONTRACTOR EMPLOYMENT
You can be lawfully employed by a CalPERS employer as an “independent contractor,” as a “consultant,” or as an “employee of a third-party employer,” including your own business entity, without restrictions if there is no common law employer-employee relationship between you and the CalPERS employer.

If a common law employer-employee relationship exists, the employment is subject to the retired annuitant restrictions even if the employment agreement claims to be for an independent contractor. If the work you will perform is the same or similar to work you performed as an active employee or is work performed by an active employee of that employer, an employeremployee relationship exists and the employment is subject to the retired annuitant restrictions.

If you work as a supposed independent contractor and are later determined to be an employee and that employment violates any of the retired annuitant restrictions, your retirement will be terminated. See “Termination of Retirement Due to Unlawful Employment” on page 6 for details.

Independent Contractor, Consultant,
Third-Party Employee
Independent contractors are not “employees” and are excluded from membership in CalPERS by Government Code section 20300(b). A true independent contractor, consultant, or third-party employee is someone who contracts to provide a service or complete a task according to his or her own methods. This person is not subject to the contracting entity’s control as to the end product, final result of work, or manner and means by which the work is performed. We use the “common law control test” as a guide to determining independent contractor status. Many factors are considered, including the manner and means by which the work is accomplished.

We will request and use all relevant information that provides evidence of the degree of control of the work being performed to make a determination.

Contract Employee
A “contract employee” is a common law employee who periodically signs an employment contract. If you are hired as a contract employee after retirement, that employment must meet all of the retired annuitant restrictions, including that you must be hired in a retired annuitant designated position.

The common law
control test is a
guide to determine
whether a worker
should be classified
as an employee or an
independent contractor.

City Council/RSA Agenda 155 Tuesday, February 14, 2023
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Statutory Employee
You cannot be hired as an independent contractor or as an employee of a third-party employer for a position established by statute, city charter, or municipal code. Examples of these positions are city manager, police chief, fire chief, etc.

Independent Contractor Determination
To ensure a proposed employment agreement or position is a true independent contractor position, we recommend you obtain an independent contractor determination from CalPERS before you begin any such employment.

If you would like us to review your proposed independent contractor service agreement, please send the complete agreement by mail, email, or fax as shown below. We will review the contract within 60 days.

Mail:

Employer Account Management Division
P.O. Box 942709
Sacramento, CA 94229-2709
Email: [email protected]
Fax: (916) 795-4166
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D I S A B I L I T Y R E T I R E E S – A D D I T I O N A L

R E Q U I R E M E N T S A N D R E S T R I C T I O N S
In addition to being subject to all the rules and restrictions mentioned on the previous pages, disability and industrial disability retirees are subject to the following additional eligibility requirements and restrictions.

If you are a disability retiree:
• You may work for a CalPERS-covered employer in a retired annuitant compliant position and continue to receive your CalPERS retirement allowance if the position is not the same position from which you retired nor includes duties or activities you were restricted from performing at the time of your disability retirement per Government Code section 21233.

You will be subject to the 960-hour limit.
• You may work for a CalPERS-covered employer in a permanent position with CalPERS’ written pre-approval and continue to receive your CalPERS retirement allowance per Government Code section 21232. You will be subject to an earnings limit if approved. See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement” on page 18 for requirements.
• You may work for a non-CalPERS-covered employer (e.g., other public retirement system, a private industry employer not associated with any CalPERS employer) and continue to receive your CalPERS retirement allowance if the position is not the same position from which you retired nor includes duties or activities you were restricted from performing at the time of your disability retirement per Government Code section 21233. • If you are under the minimum service retirement age (50, 52, or 55) and work for a non-CalPERS-covered employer, your retirement benefit will be subject to an earnings limit under Government Code section 21432. – You are required to report your gross earnings to CalPERS, either on a monthly or quarterly basis.
– The total employer-paid portion of your monthly retirement allowance and your new gross earnings cannot be greater than the current compensation of the position from which you retired. If the total is greater, your retirement allowance will be reduced.
– Once you reach your minimum service retirement age, your employment is no longer subject to an earnings limit (Government Code section 21432). Call us toll free at 888 CalPERS (or 888-225-7377) to request a Disability Retiree’s Report of Earnings form.
• If you are under the minimum service retirement age and are performing duties similar to those from which you were previously found disabled, CalPERS can reevaluate your medical condition to determine whether you should be reinstated from retirement. See “Termination of Retirement (Reinstatement From Retirement) Due to Unlawful Employment” on page 6 for details.

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• Your disability retirement requires you to inform CalPERS immediately if you are no longer incapacitated, or if your current employment is in a position similar to the one from which you retired.

If you are an industrial disability retiree:
• You may work for a CalPERS-covered employer in a retired annuitant compliant position and continue to receive your CalPERS retirement allowance if the position is not the same position from which you retired nor includes duties or activities you were restricted from performing at the time of your disability retirement per Government Code section 21233.

You will be subject to an earnings limit if approved. See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement” on page 18 for requirements.
• You may work for a non-CalPERS-covered employer (e.g., other public retirement system, a private industry employer not associated with any CalPERS employer) and continue to receive your CalPERS retirement allowance if the position is not the same position from which you retired nor includes duties or activities you were restricted from performing at the time of your disability retirement per Government Code section 21233. • Your retirement benefit is not subject to an earnings limit if you work for a non-CalPERS-covered employer per Government Code section 21432, even if you are under the minimum service retirement age. • If you are under the minimum service retirement age and are performing duties similar to those from which you were previously found disabled, CalPERS can reevaluate your medical condition to determine whether you should be reinstated from retirement. See “Termination of Retirement (Reinstatement From Retirement) Due to Unlawful Employment” on page 6 for details.
• Your disability retirement requires you to inform CalPERS immediately if you are no longer incapacitated, or if your current employment is in a position similar to the one from which you retired.

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Working for a CalPERS Employer in a Permanent
Capacity After Disability Retirement
Under Government Code section 21232, disability or industrial disability retirees may seek permanent employment while receiving retirement benefits with CalPERS’ written pre-approval. However, certain restrictions apply.

Your job duties must differ significantly from those required in the position from which you retired. The position should not be the same position from which you retired or in the same member classification, and the position should not include duties or activities you were restricted from performing at the time of your retirement. If you are approved to work, you will be required to report your earnings to CalPERS and your retirement allowance will be subject to an earnings limit.

To be eligible for employment, you must first meet the following requirements (refer to specific sections in this publication):
• The bona fide separation requirement, if applicable.
• The 180-day wait period requirement or an allowable exception. • No receipt of unemployment insurance payments for previous retired annuitant employment for 12 months before the appointment. • State Employer Civil Service Eligibility for employment with a state agency employer.

Applying to Work Under Government Code Section 21232
You must have CalPERS’ written approval before beginning employment.

To request approval to work for a CalPERS employer in a permanent part-time or full-time position while receiving disability or industrial disability benefits, you must submit the following required documents to CalPERS:
• Request to Work While Receiving Disability/Industrial Disability Retirement Benefits form
– You complete and sign Section 1.
– Your prospective employer completes and signs Section 2. • Physical Requirements of Position/Occupational Title form – You and your prospective employer must complete all sections and sign jointly.
• Position duty statement
– Submit to CalPERS a position duty statement provided by your prospective employer that describes the permanent position in which you wish to work.
• Current medical report(s)
– You must schedule an appointment with a specialist for the disabling condition(s) that precluded you from working, and you must provide the specialist with a copy of the position duty statement and the completed Physical Requirements of Position/Occupational Title form.

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– Provide to CalPERS a current medical report from that specialist. If you had more than one disabling condition at the time of retirement, you must provide a medical report on appropriate letterhead from each medical specialist. The specialist(s) must include the following pertinent information in their medical report:
° Your name and the date of the most recent examination. ° Confirmation that the specialist reviewed and discussed with you the position duty statement (by title) and the Physical Requirements of Position/Occupational Title form.
° Whether you have any limitations or restrictions to performing all tasks involved.
° Specific details explaining the restrictions, if any. ° Specialist’s signature, printed name, medical specialty, and contact information.
• Additional required documents – local safety retirees – If you are a local safety disability or local safety industrial disability retiree, you must also submit the medical documentation used at the time of your retirement identifying the restrictions placed upon you.

You must also submit a position duty statement describing the position you held when you became disabled.
• A Physician’s Report on Disability form is not required.

All the forms are available on our website at www.calpers.ca.gov.

For CalPERS to begin the determination process, which can take approximately three months to complete, you must submit all required documents with your request form. There are times when we may require additional information or an independent medical examination to supplement your medical specialist’s report. If so, we will select the medical specialist, schedule the appointment, and pay for the examination.

All permanent employment under Government Code section 21232 requires CalPERS’ written approval prior to employment; there are no exceptions. If you violate this law, you and your employer will be responsible for the unlawful employment. This could result in your mandatory reinstatement from retirement into the current position, whether or not the permanent position is part time or full time.

See “Termination of Retirement Due to Unlawful Employment” on page 6 for details.

Once Approved Under Government Code Section 21232
Retirees approved to work under Government Code section 21232 do not accrue service credit or otherwise acquire retirement rights for employment as a retiree.

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You will be informed of the amount of your earnings limit and how to report your earnings. The total employer-paid portion of your monthly retirement benefit and your new earnings cannot be greater than the current compensation of the position from which you retired. If it is greater, your retirement benefit will be reduced. The earnings limitation continues as long as you are employed in the approved position; it does not end when you reach your service retirement age.

If you wish to change to a different employer, change job location, change to a different job (demotion, reclassification, lateral transfer, promotion, etc.), or restart employment in a previously approved position, you must reapply to CalPERS and await our written approval before beginning employment. If you do not receive prior written approval, you will be considered unlawfully employed and subject to reinstatement, i.e., termination of retirement. There are no exceptions to this requirement.

You cannot be concurrently employed in any other positions (retired annuitant, other temporary position, or another permanent position) with the employer you are approved to work for or any other CalPERS-covered employer(s). If you are found in violation of this requirement you will be subject to mandatory reinstatement from retirement into the approved position. See “Termination of Retirement Due to Unlawful Employment” on page 6 for details.

City Council/RSA Agenda 161 Tuesday, February 14, 2023
www.calpers.ca.gov 21

BECOME A MORE INFORMED MEMBER
CalPERS Website
Visit www.calpers.ca.gov for information on all our benefits and services.

You can also sign up to receive email newsletters and alerts. myCalPERS
Log in at my.calpers.ca.gov to access real-time details and balances of your CalPERS accounts. With myCalPERS you can:
• View, print, and save current and past statements.
• Ask a question by sending us a secure message.
• Order and download member publications.
• Search for health plans available in your area and confirm which dependents are covered on your health plan.
• Estimate your future retirement benefit and save estimates to view later. • Send account information to third parties, such as banks. • Apply for service retirement.
• Change your beneficiary designation.
• Request service credit cost information and view the status of your request. • Elect and pay for your service credit purchase, review your elected service credit details, and request payoff information. • Retirees can update contact information, set up direct deposit, change tax withholdings, and view annual tax statements.

CalPERS Education
Whether you’re in the early stages of your career or getting ready to retire, visit the Education section in myCalPERS to:
• Take online classes to help you understand your benefits. • Register for instructor-led classes and download class materials. • Register to attend a CalPERS Benefits Education Event at a location near you. • Schedule a one-on-one appointment at your nearest CalPERS Regional Office.

Experience CalPERS Through Social Media
Facebook: www.facebook.com/myCalPERS
Twitter: www.twitter.com/CalPERS
Instagram: www.instagram.com/CalPERS
YouTube: www.youtube.com/CalPERS
LinkedIn: www.linkedin.com/company/CalPERS
Reach Us by Phone
Call us toll free at 888 CalPERS (or 888-225-7377).

Monday through Friday, 8:00 a.m. to 5:00 p.m.

TTY: (877) 249-7442
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22 888 CalPERS (or 888 -225-7377)
Visit Your Nearest CalPERS Regional Office
Fresno Regional Office
10 River Park Place East, Suite 230
Fresno, CA 93720
Glendale Regional Office
Glendale Plaza
655 North Central Avenue, Suite 1400
Glendale, CA 91203
Orange Regional Office
500 North State College Boulevard, Suite 750
Orange, CA 92868
Sacramento Regional Office
Lincoln Plaza East
400 Q Street, Room 1820
Sacramento, CA 95811
San Bernardino Regional Office
650 East Hospitality Lane, Suite 330
San Bernardino, CA 92408
San Diego Regional Office
7676 Hazard Center Drive, Suite 350
San Diego, CA 92108
San Jose Regional Office
181 Metro Drive, Suite 520
San Jose, CA 95110
Walnut Creek Regional Office
Pacific Plaza
1340 Treat Boulevard, Suite 200
Walnut Creek, CA 94597
Visit the CalPERS website for directions to your local office.

Regional Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m.

City Council/RSA Agenda 163 Tuesday, February 14, 2023
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PRIVACY NOTICE
The privacy of personal information is of the utmost importance to CalPERS. The following information is provided to you in compliance with the Information Practices Act of 1977 and the Federal Privacy Act of 1974.

Information Purpose
The information requested is collected pursuant to the Government Code (sections 20000 et seq.) and will be used for administration of Board duties under the Retirement Law, the Social Security Act, and the Public Employees’ Medical and Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to comply may result in CalPERS being unable to perform its functions regarding your status. Please do not include information that is not requested.

Social Security Numbers
Social Security numbers are collected on a mandatory and voluntary basis.

If this is CalPERS’ first request for disclosure of your Social Security number, then disclosure is mandatory. If your Social Security number has already been provided, disclosure is voluntary. Due to the use of Social Security numbers by other agencies for identification purposes, we may be unable to verify eligibility for benefits without the number.

Social Security numbers are used for the following purposes:

1. Enrollee identification

2. Payroll deduction/state contributions

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City Council/RSA Agenda 164 Tuesday, February 14, 2023
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PUB 33
November 2021
2022.1.1
City Council/RSA Agenda 165 Tuesday, February 14, 2023
Agenda Item
DATE: 2/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: CONSIDER ADOPTING A RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 GENERAL FUND BUDGET BY APPROPRIATING AN
ADDITIONAL $3,000 TO THE CITY COUNCIL’S TRAVEL & TRAINING

BUDGET FOR COUNCIL MEMBER JAIME PATINO TO ATTEND THE

NATIONAL LEAGUE OF CITIES CONGRESSIONAL CITY CONFERENCE IN WASHINGTON, D.C., FROM MARCH 26-28, 2023.

Staff recommends that the City Councilconsider adopting a resolution appropriating an additional $3,000 from the unassigned General Fund balance to the City Council’s Travel & Training budget, account number 1110- 1101-11001-54310 (General Fund - City Council - Travel & Training).

STRATEGIC PLAN ALIGNMENT
The requested action is not an identified goal in the Strategic Plan.

BACKGROUND
On October 25, 2022, the City Council reviewed and discussed a recommendation from the Legislation and Policy Committee to increase the City Council’s Travel & Training budget from the then amount of $10,000 for all City Councilmembers to a higher amount. The previous $10,000 budget was not allocated per Councilmember; it had been based on the travelexpenses historically used by the Council in total. The reason for the recommended increase was to acknowledge that travel was now more frequent following the COVID19 shutdowns and that the cost of travel had increased. Part of the recommendation at that time was to also have a budget specified for each Councilmember, including the Mayor. This was to ensure that each Councilmember has equal resources available for training and fulfilling of duties as an elected official.

On November 22, 2022, the City Counciladopted Resolution No. 6042-22 amending the FiscalYear 2022- 2023 General Fund budget by appropriating an additional $20,000 to the City Council’s Travel & Training budget. This brought the total budget allocation for FiscalYear 2022-2023 to $30,000, distributed as follows:

City Council/RSA Agenda 166 Tuesday, February 14, 2023
$10,000 for the Mayor and $5,000 for each City Council Member.

DISCUSSION
At the January 24, 2023, City Council meeting, Councilmember Jaime Patino requested that the City Council consider a budget amendment to the City Council’s Travel & Training budget to increase his allocation by an additional $3,000 so that he can attend the 2023 National League of Cities Congressional City Conference in Washington, D.C. from March 26-28, 2023. Councilmember Patino exhausted his portion of the City Council Travel & Training budget earlier this fiscal year, prior to the budget amendment that capped each Councilmember travel budget at $5,000. Consistent with the Policy Governing Expenses of the City Council, should a Councilmember or the Mayor find the need for additional funds, they could request that the City Council consider a budget amendment for additional travel or training costs associated with City duties. (See Attachment 1, Section III.b.)

FISCAL IMPACT
If the City Counciladopts this resolution, the FiscalYear 2022-2023 General Fund budget will be increased by $3,000. The funds would come from the unassigned General Fund balance and would be appropriated to account number 1110-1101-11001-54310 (General Fund - City Council - Travel & Training).

RECOMMENDATION
Staff recommends that the City Council consider adopting a resolution amending the Fiscal Year 2022-2023 General Fund budget by appropriating an additional $3,000 to the City Council’s Travel & Training budget for City Council Member Jaime Patino to attend the National League of Cities Congressional City Conference in Washington, D.C., from March 26-28, 2023.

Prepared by:

Serenity Mlay, Management Analyst
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Policy Governing Expenses of the City Council Attachment Resolution for Councilmember Jaime Patino Travel Budget Increase Resolution Power Point Attachment
City Council/RSA Agenda 167 Tuesday, February 14, 2023
CITY COUNCIL POLICY: Resolution No. 5579-20
Adopted: March 24, 2020
SUBJECT: Policy Governing Expenses of the City Council
I. PURPOSE
a. City Councilmembers must incur miscellaneous expenses in fulfilling the responsibilities of an elected official. This policy establishes the guidelines and standards regarding miscellaneous expenditures incurred by members of the City Council for all travel, education, training, communications, and all out-of-pocket expenses. b. Out-of-pocket expenses incurred by a Councilmember in the performance of their official duties as a representative of the City are eligible for reimbursement as provided in this policy.

II. AUTHORIZED EXPENSES.
a. City funds, equipment, supplies including letterhead, titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:

1. Communicating with representatives of regional, state and national government on City adopted policy positions;

2. Attending educational seminars designed to improve officials' skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City's interests; and

4. Attending City events.

All other expenditures require prior approval by the City Council. In addition, expenses for international travel requires prior City Council approval. b. State law prohibits personal use of public resources. Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The personal portion of any trip;

2. Political or charitable contributions or events;

3. Family expenses, including partner's expenses when accompanying official on agencyrelated business, as well as children- or pet-related expenses; City Council/RSA Agenda 168 Tuesday, February 14, 2023

4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;

5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and

6. Personal losses incurred while on City business.

Expenses for which City Councilmembers receive reimbursement from another agency are not reimbursable under this Policy. Any questions regarding the propriety of a particular type of expense should be resolved by the City Manager before the expense is incurred.

III. BUDGET.
a. The Council shall establish a budget for expenses for the Mayor and Councilmembers through the annual or biennial budget process. These amounts may be adjusted from time to time by the City Council.
b. Councilmembers who incur expenses greater than the maximum permitted by this policy shall be responsible for the excess expenses unless otherwise approved by the City Council.

IV. COST CONTROL.

To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.
a. Transportation. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.

1. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Receipts are required for payment or reimbursement of airfare.

2. Automobile. Automobile mileage is reimbursed at the Internal Revenue Service rate in effect at the time of travel. The reimbursement rate is designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable.

3. Car Rental. Car rental rates that are equal or less than those available through the State of California's website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

Receipts are required for payment or reimbursement of car rental expenses.

City Council/RSA Agenda 169 Tuesday, February 14, 2023

4. Taxis/Shuttles. Taxis, shuttles, or rideshare trips (such as Lyft/Uber) fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
b. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Receipts are required for payment or reimbursement of lodging expenses.

1. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

2. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

If lodging rates exceed the government rate for the area, actual lodging costs may be reimbursed conditioned upon performance of a good faith effort evidenced by documentation (e.g., internet search or phone calls) that demonstrate an attempt to find median-priced lodging.
c. Meals. Meal expenses and associated gratuities will be reimbursed up to the regular federal M&IE per diem rate established for Oakland, California, in effect at the time the meal expenses are incurred. The regular federal M&IE per diem rate for Oakland at the time of the adoption of this policy allocated by meal is as follows:

1. Breakfast: $16

2. Lunch: $17

3. Dinner: $28

4. Incidental Expenses: $5

5. Total: 66
The City will not pay for alcohol/personal bar expenses or for meal expenses for third parties. d. Airport Parking. Long-term parking must be used for travel exceeding 24 hours. Receipts are required for payment or reimbursement of parking expenses.

V. CASH ADVANCES.
a. From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such City Council/RSA Agenda 170 Tuesday, February 14, 2023
request for an advance should be submitted to the City Manager ten (10) days prior to the need for the advance with the following information:

1. The purpose of the expenditure(s);

2. The benefits of such expenditure to the residents of the City;

3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and

5. The dates of the expenditure(s).
b. Any unused advance must be returned to the City within seven (7) days of the official's return, along with a City expense report and receipts documenting how the advance was used in compliance with this expense policy.
c. In the event the City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council.

VI. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE.

All cash advance expenditures expense reimbursement requests must be submitted on an expense report form provided by the City. Councilmembers must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. Expenses for which no receipt is provided shall not be eligible for reimbursement. At the request of the City Manager, a Councilmember shall submit additional information explaining how the incurred expense complied with this policy.

VII. ELECTRONIC EQUIPMENT
a. Computers. Councilmembers are required to have certain types of office equipment to discharge their functions and communicate with staff. Accordingly, Councilmembers will be provided with a laptop, tablet, or similar device to assist with carrying out their duties.

Councilmembers will also be provided with reasonable IT support to ensure the security and functionality of the device.
b. Cell Phone. As a representative of the City, the Mayor communicates frequently with constituents, community groups and other regional leaders. To facilitate this communication on behalf of the City, the Mayor shall be provided a cellular telephone. c. Requirements. The City’s IT Manager will be responsible for selecting the equipment to be provided to Councilmembers pursuant to this section. Any electronic equipment provided to a Councilmember shall be used exclusively for City business reasonable necessary to discharge the duties of office and shall be immediately returned to the City upon the Councilmembers leaving office
VIII. AUDITS OF EXPENSE REPORTS.

All expenses are subject to verification that they comply with this policy.

City Council/RSA Agenda 171 Tuesday, February 14, 2023
IX. REPORTS TO CITY COUNCIL.

At the following City Council meeting, each official shall briefly report orally or in writing on meetings attended at Council expense. If multiple officials attended, a joint report may be made.

X. COMPLIANCE WITH LAWS.

City Councilmembers should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.

XI. VIOLATION OF THIS POLICY.

Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: (a) loss of reimbursement privileges; (b) a demand for restitution to the City; (c) the City's reporting the expenses as income to the elected official to state and federal tax authorities; (d) civil penalties of up to $1,000 per day and three times the value of the resources used; and (e) prosecution for misuse of public resources.

City Council/RSA Agenda 172 Tuesday, February 14, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING THE FISCAL YEAR 2022-2023 GENERAL FUND BUDGET BY APPROPRIATING AN ADDITIONAL $3,000 TO THE CITY COUNCIL’S TRAVEL & TRAINING BUDGET WHEREAS, on October 25, 2022, the City Council reviewed the recommendations from the Legislation and Policy Committee to increase the City Council’s Travel & Training budget from $10,000 to $30,000; and
WHEREAS, on November 22, 2022, the City Council voted in favor of approving the recommendation from the Legislation and Policy Committee to increase the City Council’s Travel & Training budget from $10,000 to $30,000 and allocate the $30,000 as follows: $10,000 for the Mayor and $5,000 for each City Council Member; and WHEREAS, at the January 24, 2023, City Council meeting, Council Member Jaime Patino requested that the City Council consider a budget amendment to the City Council’s Travel & Training budget to increase his allocation by an additional $3,000 so that he can attend the 2023 National League of Cities Congressional City Conference in Washington, D.C. from March 26-28, 2023; and
WHEREAS, Council Member Patino exhausted his portion of the City Council Travel & Training budget earlier this fiscal year, and consistent with the Policy Governing Expenses of the City Council, should a Council Member or the Mayor find the need for additional funds, they could request that the City Council consider a budget amendment for additional travel or training costs associated with City duties.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2022-2023 General Fund budget by appropriating an additional $3,000 from the unassigned General Fund balance to the City Council’s Travel & Training budget, account number 1110-1101-11001-54310 (General Fund - City Council - Travel & Training); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby allocates an additional $3,000 to Council Member Jaime Patino’s travel & training budget to cover costs associated with his attendance at the 2023 National League of Cities Congressional City Conference in Washington, D.C. from March 26-28, 2023.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council/RSA Agenda 173 Tuesday, February 14, 2023
Resolution No. XXXX-23

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Union City City CouncilFebruary 14, 2023

Union City City Council
February 14, 2023