Agenda packet, regular meeting — Union City City Council, May 23, 2023 (part 7 of 7)

Draft 2023-2031 Housing Element; including rezoning Housing Element Sites to increase capacity and accommodate the City’s RHNA; these ordinance amended the Title 18 Zoning, of the Union City Municipal Code (AT-22-006), and amended the Zoning Map (A-22-003); and
WHEREAS, amendments to the General Plan (AG-23-001) are proposed for the 2023-2031 Housing Element and Safety Element update; and WHEREAS, Section 15164 of the CEQA Guidelines provides that an addendum to a previously adopted environmental impact report or mitigated negative declaration may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent environmental impact report or negative declaration have occurred; and
WHEREAS, the City has prepared an Addendum to the 2040 General Plan EIR for the Housing Element and Safety Element amendments (“Addendum”), which determined that none of the conditions described in CEQA Guidelines section 15162 will occur; and
WHEREAS, the Addendum was posted to the City’s website and referenced in the public notice for the April 20, 2023 Planning Commission public hearing; and WHEREAS, a staff report, dated April 20, 2023 and incorporated herein by reference, described and analyzed the Housing Element and Safety Element amendments and Addendum for the Planning Commission; and WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission reviewed the staff report, and the Addendum at a noticed public hearing on April 20, 2023 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Addendum, reflects the City’s independent judgment and analysis on the potential for environmental impacts; and
WHEREAS, none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the Housing Element and Safety Element amendments identified in the Addendum would not result in any significant impacts not considered under the original 2040 General Plan EIR or a substantial increase in the severity of any previously identified significant impacts; and WHEREAS the Addendum is available for review on the City’s website at https://www.unioncity.org/347/Planning-Documents, and at the Economic and Community Development Department at City Hall during normal business hours. The location and custodian of the Addendum and other documents that constitute the record of proceedings for Housing Element and Safety Element amendments is the City of Union DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1554 Tuesday, May 23, 2023
Planning Commission Resolution No. #07-23
Housing Element and Safety Element General Plan
Addendum

Page 3 of 4 ends

City Economic and Community Development Department, 34009 Alvarado-Niles Road, Union City, CA 94587.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends the City Council adopt an Addendum to the 2040 General Plan Environmental Impact Report in compliance with CEQA and the CEQA Guidelines and does hereby find as follows:

A. The Planning Commission independently reviewed and considered the information contained in the Addendum to the 2040 General Plan EIR, as well as all other information (both written and oral) provided by City staff, City consultants, and the public to the Planning Commission at its April 20, 2023 meeting relating to the Addendum, prior to making its recommendation.

B. The Planning Commission has reviewed and considered the Addendum to the 2040 General Plan Final Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR or a substantial increase in the severity of any previously identified significant impacts.

C. The Addendum to the 2040 General Plan Final Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1555 Tuesday, May 23, 2023
Planning Commission Resolution No. #07-23
Housing Element and Safety Element General Plan
Addendum

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on April 20, 2023 by the following vote:

AYES: 4 (GUIO, AGBUYA, LEW, MCLELLAND)
NOES: 0
ABSTAINED:

ABSENT: 1 (SANDHU)
MOVED: AGBUYA
SECONDED: LEW

APPROVED

LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1556 Tuesday, May 23, 2023
PLANNING COMMISSION RESOLUTION NUMBER #08-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING THE CITY COUNCIL ADOPT GENERAL PLAN
AMENDMENT, AG-23-001, TO UPDATE THE HOUSING ELEMENT FOR THE 2023- 2031 PLANNING PERIOD, AND SAFETY ELEMENT, IN COMPLIANCE WITH STATE

HOUSING ELEMENT AND SAFETY ELEMENT LAW
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and WHEREAS, pursuant to Government Code Section 65302, the General Plan includes seven mandatory elements, including the Housing Element and Safety Element; and
WHEREAS, state law requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Union City (City) regional housing need allocation (RHNA) of 2,728 housing units, comprised of 862 very-low income units, 496 low-income units, 382 moderate-income units, and 988 above moderate-income units; and
WHEREAS, the Housing Element must be adopted to comply with state law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing; and WHEREAS, the Safety Element serves as a policy guide to reduce the potential risk of death, injuries, property damage, economic loss, and social dislocation resulting from natural and human-made hazards, such as earthquakes, fire, flood, extreme heat, and drought; and
WHEREAS, Senate Bill (SB) 1035 requires jurisdictions to review their Safety Element at least every eight years and revise it as necessary to address climate change and resiliency strategies; and
WHEREAS, SB 99 requires jurisdictions to review their Safety Element and revise it as necessary to identify residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes; and WHEREAS, Assembly Bill (AB) 747 requires jurisdictions to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios; and
DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB Attachment 9
City Council/RSA Agenda 1557 Tuesday, May 23, 2023
Planning Commission Resolution No. #08-23
Housing Element and Safety Element Update General
Plan Amendment
AG-23-001

Page 2 of 6 ends

WHEREAS, the City has prepared an update to the Safety Element pursuant to the requirements of SB 1035, SB 99, and AB 747; and
WHEREAS, the City has prepared the 2023-2031 Union City Housing Element (“Housing Element”) for the sixth cycle planning period in compliance with state law; and WHEREAS, the City circulated the draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed the draft Housing Element at their July 7, 2022 meeting and recommended submittal, with minor amendments, to the State Department of Housing and Community Development (HCD) for state mandated review; and
WHEREAS, in accordance with Government Code Section 65585 (b), on July 28, 2022, the City submitted the draft Housing Element to HCD for its review; and WHEREAS, in September, 2022, the City referred the draft Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed. No California Native American tribe requested consultation; and
WHEREAS, on October 26, 2022, the City received a letter from HCD providing comments regarding the draft Housing Element; and
WHEREAS, the City revised the Housing Element based on the comments received from HCD; and
WHEREAS, on November 8, 2022 the City Council, on the recommendation of the Planning Commission, adopted Resolution 6034-22 adopting an Addendum to the 2040 General Plan Environmental Impact Report (EIR) and Resolution 6035-22 amending the General Plan (AG-22-003), and introduced two Ordinances (906-22 and 907-22) for consistency with the draft Housing Element; including rezoning Housing Element Sites to increase capacity and accommodate the City’s RHNA; these ordinances amended Title 18 Zoning, of the Union City Municipal Code (AT-22-006), and amended the Zoning Map (A-22-003); and
WHEREAS, on January 30, 2023 the City submitted a revised draft Housing Element and annotated response letter to HCD for its review; and WHEREAS, on March 10, 2023, the City received a letter from HCD providing its DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1558 Tuesday, May 23, 2023
Planning Commission Resolution No. #08-23
Housing Element and Safety Element Update General
Plan Amendment
AG-23-001

Page 3 of 6 ends

comments regarding the revised draft Housing Element; and WHEREAS, on April 14, 2023, the City posted a second revised draft Housing Element and annotated response letter to HCD on the City’s website; and WHEREAS, General Plan Amendment, AG 23-001, amends the 2040 General Plan by adding the 2023-2031 Housing Element, labeled as Exhibit A, attached hereto and made a part hereof, and updating the Safety Element, labeled as Exhibit B, attached hereto and made a part hereof, and repealing the 2015-2023 Housing Element in its entirety; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Addendum to the 2040 General Plan EIR was prepared for the Housing Element and Safety Element amendments; and
WHEREAS, the City conducted extensive community outreach regarding the Housing Element using a variety of approaches, including two virtual workshops in Spanish and English, a web-based survey in five languages, an informational table was located at the Old Alvarado Park Farmer’s Market, and notices were sent to all interested parties when revisions to the Housing Element were posted to the website; and WHEREAS, a staff report, dated April 20, 2023, and incorporated herein by reference, described and analyzed the Housing Element and Safety Element amendments and EIR Addendum for the Planning Commission; and WHEREAS, pursuant to Section 65854 of the Government Code, the Planning Commission held a duly noticed public hearing on the project on April 20, 2023 at which time all interested parties had the opportunity to be heard. The Planning Commission considered the Housing Element and Safety Element amendments, HCD’s comments, the City’s response to HCD’s comments, an EIR Addendum, and a staff report dated April 20, 2023, and all written and oral testimony, and determined the Housing Element and Safety Element update to be consistent with State law and the 2040 General Plan; and WHEREAS, the Planning Commission adopted Resolution No. __-23 recommending that the City Council Adopt an Addendum to the 2040 General Plan Environmental Impact Report.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this resolution.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends the City Council adopt a resolution approving General Plan Amendment, AG 23-001, to amend the 2040 General Plan as contained in Exhibit A and DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1559 Tuesday, May 23, 2023
Planning Commission Resolution No. #08-23
Housing Element and Safety Element Update General
Plan Amendment
AG-23-001

Page 4 of 6 ends

B and repeal the 2015-2023 Housing Element in its entirety, based on the following findings:

1. That the proposed General Plan amendment is in the public interest because the amendment will further the goals and policies of the General Plan Housing Element, to promote a mix of housing types and affordability throughout the city that meets the needs of existing and future residents, and includes a mix of housing types within neighborhoods to promote a diversity of household types and housing choices for residents of all ages and income levels, and the General Plan Safety Element to minimize risks to the public health, safety, and welfare of the community and minimize damage to structures, property, and infrastructure resulting from natural and manmade hazards through disaster preparedness and emergency response, and to plan for and adapt to climate change by increasing resiliency to risks including sea-level rise, temperature change, and other impacts.

2. In accordance with Government Code Section 65583.2, the City finds, based on substantial evidence in the record, including but not limited to the location, existing uses, potential for intensification based on building value to land value ratios, the City’s past experience with converting existing uses to higher density residential development, current market demand for the existing and proposed uses, development trends, regulatory incentives, and similarity to other commercial and low density residential sites on which residential development applications have been filed, that the existing uses on the nonvacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to additional residential development during the period covered by the 2023-2031 Housing Element.

3. As required by Government Code Section 65585(e), the City has considered the findings made by the HCD included in the letters to the City dated October 26, 2022 and March 10, 2023, consistent with Government Code Section 65585(f), and has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.

4. The 2023-2031 Housing Element substantially complies with state law, including Article 10.6 (Housing Elements) of the Government Code, and contains, as required by Government Code Section 65583, the following:
a. An assessment of housing needs and an inventory of resources and constraints relevant to meeting these needs;
b. A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing;
DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1560 Tuesday, May 23, 2023
Planning Commission Resolution No. #08-23
Housing Element and Safety Element Update General
Plan Amendment
AG-23-001

Page 5 of 6 ends

c. A program that sets forth an 8-year schedule of actions to implement the policies and achieve the stated goals and objectives; d. Identification of adequate sites with appropriate zoning densities and infrastructure to meet the community’s need for housing, as reflected in the Regional Housing Needs Allocation for 2023-2031;
e. The removal of governmental constraints to housing development where appropriate and legally possible;
f. A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and outreach capacity; and
g. An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends the City Council authorize the City Manager or designee to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any nonsubstantive changes or amendments requested by the Department to achieve certification. Such changes by the City Manager shall not change the policy of the City or include any legislative action.

DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1561 Tuesday, May 23, 2023
Planning Commission Resolution No. #08-23
Housing Element and Safety Element Update General
Plan Amendment
AG-23-001

Page 6 of 6 ends

I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on April 20, 2023 by the following vote:

AYES: 4 (GUIO, AGBUYA, LEW, MCLELLAND)
NOES: 0
ABSTAINED:

ABSENT:1 (SANDHU)
MOVED: AGBUYA
SECONDED: LEW

APPROVED

LEE GUIO, CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 121E491D-ECA1-4496-B3C3-AB277DA2DBAB City Council/RSA Agenda 1562 Tuesday, May 23, 2023
2023-2031 Housing Element and
Safety Element Update
Item 6.a
City Council/RSA Agenda 1563 Tuesday, May 23, 2023

1. Introduction

2. Existing Needs Assessment3. Sites Inventory4. Fair Housing Assessment5. Program Resources6. Potential Housing Constraints7. Opportunities for Energy Conservation8. Evaluation of the Previous (2015-2023) Housing Element9. Goals, Policies, & ProgramsA. Public Engagement MaterialsB. Glossary U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S |

HOUSING ELEMENT CONTENTS

C H A P T E R SA P P E N D I C E S
2 City Council/RSA Agenda 1564 Tuesday, May 23, 2023
3 HOUSING ELEMENT UPDATE PROCESS
• Community Outreach - Winter 2022
 Online Community Survey Farmers Market Booth Multi-lingual Community Workshops • Submittal of Draft Housing Element to HCD
 July 2022, January 2023, and May 2023 (anticipated)
• Public Meetings
Planning Commission — July 2022, October 2022, April 2023 City Council — November 2022, May 2023 U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | City Council/RSA Agenda 1565 Tuesday, May 23, 2023
U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | 4 RHNA BREAKDOWN HOUSING NEEDS BY INCOME LEVELSource: Association of Bay Area Governments, 2023-2031 Final RHNA Plan, May 2021.

Income Category
2023-2031
RHNA
(Housing Units)
Percent
Increase
Very Low Income
(<50% of Median Income)
862 32%
Low Income(51-80% of Median Income)
496 18%
Moderate Income(81-120% of Median Income)
382 14%
Above Moderate Income
(>120% of Median Income)
988 36%
TOTAL 2,728 147%
City Council/RSA Agenda 1566 Tuesday, May 23, 2023
5 2023-2031 SITES INVENTORY
City Council/RSA Agenda 1567 Tuesday, May 23, 2023
U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | 6

SITES INVENTORY - SUMMARY
Lower1 Moderate Above Moderate Total
Regional Housing Needs Allocation 1,358 382 988 2,728Pipeline Projects 202 440 849 1,491Station District Specific Plan Sites 668 570 200 1,438Citywide Vacant Sites - 6 25 31Citywide Underutilized Sites 627 18 0 645Projected Accessory Dwelling Units (ADUs) 44 22 7 73Total Capacity 1,541 1,056 1,081 3,678Surplus(+) +183 +674 +93 +9501 Lower-income includes extremely low-, very low-, and low-income.

City Council/RSA Agenda 1568 Tuesday, May 23, 2023
U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | 7 KEY POLICIES AND PROGRAMS City-owned Properties:
• Program HE-1.C: Restoration Site• Program HE-1.E: Gateway Site (former CalTrans site) Streamline Housing Production
• Program HE-1.F: Objective Design Standards (Summer/Fall 2023)• Program HE-1.H Development Standards for Missing Middle Housing Types Zoning Ordinance Updates:
• Program HE-2.E: Religious Facility Housing Overlay• Program HE-7.A: Zoning Ordinance Amendments for Special Needs Housing Homelessness
• Program HE-7.F: Scattered Site Housing For Persons Experiencing Homelessness City Council/RSA Agenda 1569 Tuesday, May 23, 2023
U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | 8

SAFETY ELEMENT UPDATE
Required General Plan element. Goals and policies to reduce the potential short-term and long-term risk of death, injuries, property damage, and displacement resulting from fires, floods, droughts, earthquakes, landslides, climate change, and other hazards New requirements for Safety Elements (SB 1035, AB 747, SB 99) Revisions made to the Safety Element • Updated Policies and Implementation Programs – Program S-2.H – Implementation of AB 747 and SB 99 – Program S-6.A – External Adaptation Coordination – Program S-6.B – Public Climate Hazard Education and Awareness• Appendix A: Evacuation Route Analysis• Appendix B: Climate Change Vulnerability Assessment City Council/RSA Agenda 1570 Tuesday, May 23, 2023
U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | 9

CEQA ADDENDUM
Evaluates impacts from the Housing Element and Safety Element update compared to those evaluated in the certified 2040 General Plan EIR Addendum Determination:
• No new or more severe impacts would occur beyond what was previously analyzed in the 2040 General Plan EIR
• No changes to Mitigation, Monitoring, and Reporting Program (MMRP) are required
City Council/RSA Agenda 1571 Tuesday, May 23, 2023
U N I O N C I T Y H O U S I N G A N D S A F E T Y E L E M E N T S | 10 NEXT STEPS / STAFF RECOMMENDATION Conditional approval letter received from HCD on May 23 (Desk item) Upon approval, staff will submit Final Housing Element to HCD for 60-day review, with certification anticipated by the end of July Consistent with the Planning Commission recommendation, staff recommends that the City Council adopt two resolutions 1) Adopting an Addendum to the 2040 General Plan EIR, 2) Amending the General Plan (AG-23-001) to adopt the 2023-2031 Housing Element and Safety Element Update, and authorizing the City Manager to make minor revisions to the Housing Element based on any further non-substantive changes required by HCD City Council/RSA Agenda 1572 Tuesday, May 23, 2023
City Council/RSA Agenda 1573 Tuesday, May 23, 2023
City Council/RSA Agenda 1574 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE COMMITMENT OF $3.0 MILLION FROM THE 2014 MEASURE BB TRANSPORTATION

EXPENDITURE PLAN (TEP) FUNDS FOR THE UNION CITY INTERMODAL

STATION PROJECT TO THE SAN JOAQUIN REGIONAL RAIL

COMMISSION (SJRRC) FOR THE ENVIRONMENTAL

CLEARANCE/PRELIMINARY ENGINEERING OF THE UNION CITY
INTERMODAL STATION, PHASE 3 (INTERCITY RAIL) PROJECT
Staff recommends that the City Council adopt a resolution authorizing the commitment of $3.0 million from the 2014 Measure BB Transportation Expenditure Plan (TEP) funds for the Union City Intermodal Station Project to the San Joaquin Regional Rail Commission for Environmental Clearance/Preliminary Engineering of Union City Intermodal Station, Phase 3 (Intercity Rail) Project.

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

Goal C, Strategy 2: Economic, Community Development and Public Safety – Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, upgrades to the BART Station, and completion of the Pedestrian Rail Crossing and the sale and development to of City-owned land.

BACKGROUND
The Metropolitan Transportation Commission (MTC) and the San Joaquin Regional Rail Commission (SJRRA), in partnership with Alameda County Transportation Commission, are currently leading the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study under a non-federal grant from the California State Transportation Agency (CalSTA). In 2019, MTC/SJRRC staff, along with their Consultant Team, engaged the Southern Alameda County cities of Newark, Fremont, and Union City to begin the evaluation of the rail-to-rail hub in the East Bay.

At the July 27, 2021 City Council Meeting, MTC staff presented Phase 1 of the Southern Alameda County City Council/RSA Agenda 1575 Tuesday, May 23, 2023
Integrated Rail Analysis (SoCo Rail) Study, identifying the study area for a future intercity rail station connecting BART, ACE (Altamont Commuter Express), Capitol Corridor and potential Dumbarton Rail service in Southern Alameda County with potential rail stations in Newark, Fremont, and Union City.

The completed Southern Alameda County Integrated Rail Analysis, Phase 1 Report, dated November 4, 2021, recommended the Union City BART Station as the only rail-to-rail hub location for Mid-Term Horizon (approximately 10 years) in order to allow ACE trains to serve the Bay Area, provide an ACE-to-BART and ACE-to-Dumbarton Express connection, and to ensure the highest level of connectivity to key travel markets throughout the entire Bay Area, and to proceed to Phase 2.

At the May 10, 2022 City Council Meeting, MTC/SJRRC staff presented an update of Phase 2 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study on the proposed Layover Facility and Intercity Rail Station design concept, on the Oakland Subdivision railroad track next to Union City BART Station, and discussed how the SoCo Rail design team will be coordinating with City staff on the connectivity to BART, the East Plaza and the adjacent Station District Area. MTC/SJRRC stated that completion of the Phase 2 Study will include development of design concepts of the intercity rail station, layover facilities, the passenger and transit connection to the BART Station and the project cost estimate.

At the same City Council meeting, City staff presented the Union City Intermodal Station Update outlining: 1) the 20-year project history; 2) the $160 million regional transportation investment and status of key Station District area infrastructure projects, including completion of the Union City BART Intermodal Station, Phases 1 and 2; 3) the design status of the BART Pedestrian At-Grade Crossing; and, 4) the Quarry Lakes Parkway.

DISCUSSION
A passenger rail station on the Oakland Subdivision railroad track, next to the Union City BART Station, has been the vision of the build-out of the Union City Intermodal Station Project and will provide new rail service for the Station District area. As described on the 2014 Measure BB TEP for the Union City Intermodal Station, potential passenger rail service connecting to BART includes Capitol Corridor, ACE, and Dumbarton Corridor service.

In 2019, Union City, along with Fremont, Newark, BART and AC Transit, participated in the Dumbarton Rail Corridor Project led by Facebook. This rail corridor project evaluated new rail service alignments and station options along the Decoto/Dumbarton Corridor in Southern Alameda County from San Mateo County to Union City BART Station. However, this project halted around March 2021, initially as a result of the pandemic and, later, because Facebook and other technology companies began rethinking their employees’ commute options, including in-person attendance, remote work, and hybrid work schedules.

Also, during the pandemic, SJRRC staff noted that their work-week ACE commuter service ridership from housing in the Stockton area to the jobs in the San Jose area significantly decreased in a manner similar to commuter ridership for BART, Caltrain, VTA Light Rail, and other Bay Area rail services. However, SJRRA’s daily intercity passenger rail service had lower but steady ridership for long distance travel for recreation, family events, vacations, college connections, and business. The SoCo Rail project is proposing daily intercity rail service from the Central Valley to Union City with two (2) trains: the first train would originate in Merced and the second train would originate in Chico. A third daily train would begin at the Union City station and depart to the Central Valley, connecting to Merced’s High Speed Rail station.

Over the past year, the City, with the support of the ROMA Collaborative design firm, worked closely with the MTC and SJRRC staff and their consultant team to ensure the proposed intercity rail station, layover facilities and passenger and transit connections aligned with the City’s planned vision of the Station District area and the Union City Intermodal Station infrastructure improvements. ROMA Collaborative’s long project history and knowledge of the Union City Intermodal Station allowed the firm to share project files and provide valuable comments for the SoCo Rail Study.

City Council/RSA Agenda 1576 Tuesday, May 23, 2023
As a result of ROMA Collaborative’s knowledge and guidance, the MTC contributed a planning grant in the amount of $60,000 to help fund the design effort. On May 14, 2023, City Council passed Resolution No. 6094- 23, accepting Supplement No. 2 of the MTC’s Master Funding Agreement in the amount of $60,000 to fund the design review for the Union City Intermodal Station Options, City Project No. 23-14.

The proposed intercity rail station, the three (3) parallel track layover facilities, pedestrian connections, parking area and passenger pickup area are located on the east side of the Union City BART Station within Union Pacific Railroad property (Coast Subdivision) and the City’s undeveloped parcels between the East Plaza and proposed Quarry Lakes Parkway. A portion of the proposed layover facilities impacts about one-third of the existing Restoration Site, (also known as the Waste Containment Area), and would require the removal of the existing slag and reconstruction of the site. The consultant team has met with the Union Pacific Railroad and the Department of Toxic Substances Control (DTSC) on the proposed improvements. Also, the SoCo Rail project allows the City to reconsider other infrastructure or development opportunities for the City’s undeveloped parcels along 11 th Street
in the Station District area. See Attachment 1.

On April 17, 2023, the draft SoCo Rail Study, Phase 2, was published for review by the partner agencies, including Newark, Fremont, Union City, BART and AC Transit. The SoCo Rail Study, Phase 2, includes the project purpose and benefits, proposed operation plan and the proposed infrastructure improvements, such as the rail station design concepts, layover facilities and passenger connection (ACE to BART and transit). Some initial cost estimates for the environmental documentation phase are also included. The draft SoCo Rail, Phase 2 Executive Summary is included as Attachment 2.

The City received a letter, dated May 10, 2023, from Stacey Mortensen, Executive Director of the SJRRC, seeking Union City’s support for a $3.0 million request to fund the Environmental Clearance/Preliminary Engineering phase. See Exhibit D. The SJRRC would be the lead agency for the environmental clearance and would contribute $500,000 as a local match. The SJRRC also informed the City that the 2023 State Rail Plan now identifies Union City as a mid-term (10 years) rail-to-rail hub that connects the Central Valley to the Bay Area. This will position the project well to seek state and federal transportation funds for the next project phases.

The request from the SJRRC is consistent with the Union City Intermodal Station project description on Page 20 of the 2014 Measure BB Transportation Expenditure Plan (TEP) which states, among other things, that "This project funds the development of a new intermodal station in Union City to serve BART, Dumbarton Corridor services, Capitol Corridor, ACE and local and regional bus passengers."

FISCAL IMPACT
There is no fiscal impact to the General Fund. The source of the funding is the 2014 Measure BB Transportation Expenditure Plan.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the commitment of $3.0 million from the 2014 Measure BB Transportation Expenditure Plan (TEP) Funds for the Union City Intermodal Station Project to the San Joaquin Regional Rail Commission for Environmental Clearance/Preliminary Engineering of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project.

With the City Council’s adoption of the resolution, the next step would be for the City and SJRCC to request the funding from the Alameda County Transportation Commission, the agency that oversees the disbursement of the 2014 Measure BB Transportation Expenditure Plan.

City Council/RSA Agenda 1577 Tuesday, May 23, 2023
Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 -ACEStation, Phase 2 Attachment
Attachment 2 - Draft SoCo Rail Phase 2 Report Attachment Resolution Resolution
Exhibit A - 2021 MTCSoCoRail Phase 1 Exhibit
Exhibit B- 2022 MTCSoCoRail Phase 2 Exhibit
Exhibit C- 2022 Intermodal Station Update Exhibit
Exhibit D- SJRRCLetter Request for Funding Exhibit
Power Point Attachment
City Council/RSA Agenda 1578 Tuesday, May 23, 2023
SBC 29+00 5 77 TV NO PARKING NO PARKING ATT STATION AND LAYOVER AREA ALTERNATIVE 1A Union City SoCo Inter-City Station 0 50 25 100 ft 200 ft 11th STREET 11th STREET

QUARRY LAKES PARKWAY UPRR ROW
GREEN STREET PreSareG for the City of Union City Ey RO0A CoOOaEoratiYe APRIL 6, 2023 STATION WAY EAST DUNCAN WAY City Council/RSA Agenda 1579 Tuesday, May 23, 2023 Southern Alameda
County Integrated Rail
Analysis
DRAFT Executive Summary
May 18, 2023
In partnership with:

City Council/RSA Agenda 1580 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 1
Executive Summary
What is the Purpose of the SoCo Rail Study?
Passenger rail is an essential element of the Bay Area’s and California’s surface transportation system. In collaboration with project partners and stakeholders, the Southern Alameda County Integrated Rail Analysis (SoCo Rail Study) builds on the foundation of the 2018 California State Rail Plan (CSRP), which established a 2040 statewide vision for an
integrated statewide passenger rail and express
bus network. As part of this vision, the 2018
CSRP identified numerous rail-to-rail hub
stations around the state, including an East Bay
Hub located in Southern Alameda County within
the Tri-Cities area (i.e., the Cities of Union City,
Fremont, and Newark) which sits at the nexus of
the megaregional rail services from Sacramento
and Central Valley and the Bay Area rail and bus
services.

During Phase 1 of the SoCo Rail Study,
Metropolitan Transportation Commission (MTC)
and its partners identified the existing Union City
Intermodal Station, which includes the San Francisco Bay Area Rapid Transit (BART) Station, as the best location for the rail-to-rail East Bay Hub as identified in the 2018 CSRP. In partnership with BART and AC Transit, the City of Union City adopted the Intermodal Station District Plan in 2002 to create a pedestrian- and transit-oriented community surrounding the Union City BART Station with future rail and transit connections. The Intermodal Station, with the new rail-to-rail connection, is at the center of Union City’s Station District. Figure ES-1 shows the area in proximity to the existing east entrance to the Union City BART Station. Figure ES-2 shows a rendering of affordable housing development in the Station District.

ES-1: East Entrance to the Union City BART
Station
ES-2: Rendering of Affordable Housing
Development in the Station District
Source: City of Union City, 2023 Source: City of Union City, 2023 What is the SoCo Rail
Study?
The Southern Alameda County Integrated Rail
Analysis (SoCo Rail Study) evaluates passenger
rail needs in Southern Alameda County and the
Northern California Megaregion and
opportunities for seamless rail and bus service
connectivity with a goal of identifying and
developing a Rail-to-Rail Intermodal
Station in the Mid-Term Horizon
City Council/RSA Agenda 1581 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 2
The goals described in Figure ES-3, developed in collaboration with the project partners and stakeholders, guided development of the SoCo Rail Study from the conclusion of Phase 1 into and through Phase 2.

Figure ES-2. Goals and Objectives of the SoCo Rail Study The general study area is in Southern Alameda County, including the rail services in the area, is shown in Figure ES-4. In the Mid-Term Horizon (around 2030), the Union City Intermodal Station will allow for additional intercity passenger rail round trips into the Bay Area, provide a connection between BART, local and regional bus service, and intercity passenger rail, and facilitate a high level of connectivity to key travel markets throughout the Bay Area. The recommendation of Union City Intermodal Station as location for the previously identified East Bay Hub has been incorporated into the Draft 2023 CSRP (published March 10, 2023).

City Council/RSA Agenda 1582 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 3
Figure ES-4. Southern Alameda County and Major Rail Lines Source: HDR, 2023
City Council/RSA Agenda 1583 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 4
In strong collaboration with the Cities of Union City, Fremont, and Newark, and the California State Transportation Agency (CalSTA), Caltrans, Alameda County Transportation Commission (Alameda CTC), San Joaquin Regional Rail Commission (SJRRC), Capitol Corridor Joint Powers Authority, and other project partners, MTC led Phase 2 of the SoCo Rail Study advanced planning and conceptual design of the intercity rail connection at the Union City Intermodal Station. The proposed Mid-Term service plan for proposed extension of ACE rail service to the proposed Union City Intermodal Station consists of three daily round trips, including one round trip serving Chico and two round trips serving Merced, connecting with high-speed rail (HSR) trains.

This service plan is designed to broaden the range of potential riders by focusing intercity service that service several markets along the planned routes. This intercity service covers a large swath of the Sacramento and San Joaquin Valleys, providing intercity service to the demographically diverse Central Valley of California. Providing this rail service improves geographic equity by connecting key locations in the Central Valley including Sacramento, San Joaquin, Stanislaus, and Merced Counties to each other, the Bay Area, and the greater California rail network via future high-speed rail (HSR) connections in Merced.

What Project is Proposed by the SoCo Rail Study?
Based on the location of the rail-to-rail hub connection, as per the 2018 CSRP, and in coordination with the City of Union City, the proposed project is referred to as the “Union City Intermodal Station Phase 3 Project”. The Union City Intermodal Station Phase 3 Project includes necessary infrastructure improvements to deliver three intercity rail round trips to and from the Union City Intermodal Station.

Figure ES-5 provides an overview of the key elements of the proposed project.

The SoCo Rail Study Area includes the Cities of Union City, Fremont, and Newark (Tri-City Area) within the South County Planning Area of Alameda County (as shown in Figure ES-1), as well as much of the Central Valley of California Between Merced to the south and Chico to the north (see Figure ES-5). The limits of the proposed project’s service improvements, and the resulting areas that would receive the benefits of the project, encompass much of the Northern California Megaregion, which can be seen in the inset in Figure ES-5. With a timed connection to HSR in Merced, project benefits extend beyond the region into southern California.

City Council/RSA Agenda 1584 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 5
Figure ES-5. Elements of the Union City Intermodal Station Phase 3 Project Source: HDR, 2023
City Council/RSA Agenda 1585 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 6
Proposed Operating Plan
A preliminary operating schedule for the Mid-Term Horizon for the SJRRC and San Joaquin Joint Powers Authority (SJJPA) Valley Rail Program has been developed with the incorporation of the three additional round trips each day (same on weekdays and
weekends) to and from Union City.

The operating schedule provides the ability for
travel between multiple origins and
destinations in the Bay Area, Tri-Valley, Central
Valley, and beyond – including Southern
California – with connections to high-speed rail
in Merced and BART in Union City. This service
will provide travelers throughout the Central
Valley with rail access to/from Southern
Alameda County where connections can be
made to bus and rail services spanning the Bay
Area.

Proposed Infrastructure

EXISTING FACILITIES
The Union City Intermodal Station is located immediately south of Decoto Road and west of 11th Street in Union City. BART is a heavy-rail public transit system that connects the San Francisco Peninsula with communities in the East Bay and South Bay. The Union City Intermodal Station is served by BART’s Orange Line (Richmond – Berryessa/North San Jose) and Green Line (Berryessa/North San Jose – Daly City) routes. The Union City Intermodal Station is also served by AC Transit bus routes (including the Dumbarton Express bus service between the Union City Intermodal Station and the City of Palo Alto) and local Union City Transit bus routes, along with other bus services.

The Union City Intermodal Station and surrounding area have been designated as a Priority Development Area (PDA) and Transit-Oriented Community (TOC) and have been the focus of extensive planning efforts by the City of Union City to support transit-oriented development (TOD). Residential development and a public plaza are located immediately to the north and east of the station, while vacant lots are available south of the station for future development. One vacant parcel is the site of a Waste Consolidation Area (WCA) containing contaminated waste slag from a former steel mill site that would need to be remediated prior to any development.

The Union Pacific Railroad (UP) Oakland Subdivision is located just east of and adjacent to the Union City BART Station. This rail corridor provides freight services to local customers and is proposed to be used by the Union City Intermodal Station Phase 3 Project for the operation of the intercity rail service to Union City.

INTERCITY RAIL PLATFORM
The Union City Intermodal Station Phase 3 Project would be located along the UP Oakland Subdivision and would include a 745-foot-long platform located between the UP Oakland Subdivision to the west Inbound Trains (toward the
San Francisco Bay Area,
terminating at Union City)
• originates in Chico at 6:02
AM and arrives in Union
City at 10:09 AM
• originates in Merced (with a
connection to HSR) at 9:50
AM and arrives in Union
City at 11:52 AM
• originates in Merced (with a
connection to HSR) at 6:50
PM and arrives in Union City
at 9:24 PM
Outbound trains (toward
the Central Valley,
originating at Union City)
• departs Union City at 6:56
AM and arrives in Merced
(with a connection to HSR)
at 9:56 AM
• departs Union City at 3:40
PM and arrives in Chico at
7:49 PM
• departs Union City at 4:14
PM and arrives in Merced
(with a connection to HSR)
at 6:56 PM
City Council/RSA Agenda 1586 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 7
and a municipal park / plaza and Union City-owned vacant lot to the east. The platform would accommodate the initial operations (three round trips in the Mid-Term Horizon) and future expansion (hourly service in the long-term scenario). The platform would accommodate any of three trainset types under consideration for the proposed service. Figure ES-6 shows a plan view of the proposed Union City Hub platform in the Mid-term Horizon.

Figure ES-6. Union City Intermodal Station Intercity Rail Station, Platform, and Layover Facility – Initial Operations Configuration
Source: HDR, 2023

INTERCITY RAIL STATION TRACKS
The recommended design maximizes operational flexibility at Union City by allowing for a two-track station in the long-term, which adequately addresses the 2040 vision for hourly service, with one station track constructed in the Mid-Term Horizon for the initial three daily round trips.

INTERCITY RAIL LAYOVER FACILITY
The layover facility, to accommodate train storage when not in service, would be located just south of the Union City intercity rail station platform (see Figure ES-6). Two layover tracks are included in the project design. In order to construct the layover facility, a portion of the City of Union City-owned WCA site will need to be removed and remediated. Either the full site would be removed in collaboration with the City of Union City, which would fund the removal of the portion not necessary for the Union City Intermodal Station Phase 3 Project, or a two-phase approach would be implemented if the City is unable to secure funding and therefore only the necessary portion for the would be removed in the first phase.

OTHER PROJECT DESIGN FEATURES AND CONSIDERATIONS
The intercity passenger rail service as proposed operates on UP freight rail lines, and any issues surrounding the entirety of the network and any potential impacts will be examined in detail in the next phase of project development. As the project advances with more detailed design and planning, early coordination with UP will identify any items for further study and planning.

City Council/RSA Agenda 1587 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 8
Passenger Connectivity
The proposed project uses a California Public Utilities Commission (CPUC) and UP-approved at-grade pedestrian crossing across the UP tracks for connectivity between the intercity rail service and BART.

Figure ES-7 illustrates this pedestrian crossing and the sidewalk proposed as part of the Union City Intermodal Station Phase 3 Project that would be used to connect intercity rail passengers to BART. This design also provides the Union City TOD east of the station convenient access to the transit facilities.

Figure ES-7. Approved At-Grade Pedestrian Crossing
Source: HDR, 2023
Compatibility with Valley Link
The Valley Link passenger rail service being developed between Dublin/Pleasanton BART Station and North Lathrop will complement the extension of ACE’s Union City Intercity Service (see Figure ES-8).

Both rail systems are envisioned in the Draft 2023 CSRP. Valley Link will provide connections to the TriValley and areas such as Oakland and San Francisco, whereas the ACE connection to Union City BART will provide links to the Tri-City area and markets in the South Bay, as well as the Peninsula (via connection to Transbay bus services). Valley Link will run medium-distance service with high frequencies to match BART service, while ACE will run less frequent intercity service with longer-distance connections throughout the North California Megaregion, including to high-speed rail service in Merced.

City Council/RSA Agenda 1588 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 9
Figure ES-8. Proposed Valley Link Project
What Are the Benefits of the Proposed Project?
Consistency with California State Rail Plan
The Draft 2023 CSRP Passenger Network Strategy articulates service goals, phased implementation, and capital investments needed to achieve the Vision for a fully integrated statewide passenger network. The Union City Intermodal Station Phase 3 Project is consistent with this objective by providing rail integration at Union City (transfers to BART and bus services), Merced (transfers to HSR), and other intermediate stations that facilitate intermodal connectivity.

City Council/RSA Agenda 1589 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 10
The 2018 CSRP called for the study of potential East Bay Rail Hub locations to identify a rail-to-rail hub linking the Central Valley rail services in Southern Alameda County with the extensive Bay Area transit services. The 2021 SoCo Rail Study Phase 1 Report1 recommended the Union City Intermodal Station Phase 3 Project as the only "rail-to-rail" hub concept
for the Mid-Term Horizon and this recommendation
was integrated into the Draft 2023 CSRP. 2 A nearTerm Plan goal of the Draft 2023 CSRP is to finalize service planning, design, and operational analysis for
the identified East Bay Rail Hub, which is part of Phase 2 of the SoCo Rail Study.

The Draft 2023 CSRP is reimagining the role of transit
and how to equitably serve historically marginalized
and excluded populations. The intercity rail service
that is part of the Union City Intermodal Station Phase 3 Project is consistent with this vision, providing new daily service routes, including weekends, that would
appeal to a variety of users for different types of
travel, including, but not limited to, leisure and family travel, recreation, access to health services, access to education, and other non-commuter business travel.

Integration of Service Offering
The proposed Mid-Term service plan for
intercity rail service to the Union City
Intermodal Station Phase 3 consists of one round-trip
serving Chico (via Stockton, Sacramento, and the
future North Valley Rail Project) and two round trips
serving Merced (via the Lathrop to Ceres and Ceres to
Merced Extensions to provide a connection with HSR).

The Chico round-trip and one of the Merced round
trips would begin at the outer terminus (Chico or
Merced), while the remaining Merced round-trip
would begin in Union City. The round trip to / from
Chico will provide service to / from Stockton,
Midtown Sacramento and Natomas (via the
Sacramento Extension), and Marysville–Yuba City and
Chico3 (via the North Valley Rail Corridor).
1 https://mtc.ca.gov/sites/default/files/documents/2021-11/SoCo-Rail-Study-Phase-1-Report.pdf 2 See California State Rail Plan available at dot.ca.gov available online for public comment (as of March 10, 2023). 3 Chico is currently the preferred terminus for the NVPR Project, but an Oroville terminus is also being considered in the event that Chico is determined to be infeasible.

KEY BENEFITS OF SOCO
RAIL’S UNION CITY

INTERMODAL STATION
PHASE 3 PROJECT
 Consistency with 2018 CSRP’s
vision for an East Bay Hub
 Consistency with the Draft 2023
CSRP’s focus on Equity in Rail
 Consistency with Union City’s TOD
vision, building on 20 years of
ongoing transit-focused
investments
 7-day-a-week, intercity rail service
to support a variety of trip
purposes
 Increase in overall ACE system
ridership, reducing megaregional
Vehicle Miles Traveled
 Access to Bay Area destinations
through BART and bus services at
the Union City Intermodal Station
 Timed connections with HSR in
Merced
 Opportunities for improved
multimodal connectivity
City Council/RSA Agenda 1590 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 11
The proposed new intercity service to / from Union City would consist of trains operating daily and not specifically timed to serve commute periods or travel patterns. The proposed trains would serve longerdistance interregional markets, with two of the round trips providing timed connections with HSR in Merced. Passengers on multi-day itineraries would take the train in one direction and return on a subsequent day, as many intercity passengers currently do on the existing San Joaquins (Amtrak) service.

In addition to the distinct focus on longer-distance travel, the proposed Union City intercity rail service will provide important transit connections to Transbay bus services (primarily via Dumbarton Express buses) for access to the Peninsula and to BART primarily for access to the South Bay. It is anticipated that the majority of riders transferring from the intercity rail service to BART will be traveling to destinations south of the Union City Intermodal Station given the general orientation of ACE service as it enters and operates Bay Area. Given this, the Valley Link Project will be complementary, in that it provides a more direct connection to BART from the Central Valley and will be the main connection point to access much of the Bay Area, including the San Francisco and Oakland markets.

Provision of Service for Disadvantaged and Marginalized Populations The proposed additional trains during the midday and evening hours would provide improved transportation for lower income riders, providing increased access to a variety of destinations, including education, health care services, recreation, and personal / leisure activities, as well as job opportunities. The proposed intercity rail service would even benefit disadvantaged and marginalized communities of the San Joaquin Valley (even if these residents do not ride the train themselves) by the anticipated increase in transit mode share which will benefit air quality and provide opportunities for affordable housing and improved economies.

A 2019 SJJPA (San Joaquins) market survey determined that only 11% of respondents were riding on a weekly basis. For intercity rail passengers, Fridays, weekends, and holidays tend to be the busiest days, whereas commuter rail ridership is busiest during weekdays. Nearly 60 percent of riders reported annual household incomes below $50,000 and 48% of respondents noted that they were not employed, illustrating the fact that the service provides for purposes other than business or commuting. Moreover, 76% of respondents reported that they were traveling for personal events and leisure. The proposed SoCo Rail project, proposed as the Union City Intermodal Station Phase 3 Project with intercity passenger rail service and necessary infrastructure, would provide a service similar to the San Joaquins service, appealing to the needs of the diverse riders, including historically underserved populations.

The proposed intercity rail service to and from Merced and Chico would connect to the Union City BART Station area, its connected BART communities, and many underserved and marginalized communities throughout the Megaregion, improving the mobility of those needing access to a variety of destinations in the Bay Area, Stockton, Sacramento, Chico, Modesto, and Merced, as well as points south (e.g., Fresno and Bakersfield) through HSR connections in Merced.

Consistency with Union City’s Development and Transportation Plans The City of Union City is an active participant in the planning process for the proposed Union City Intermodal Station Phase 3 Project. The development of the platform, track, and layover City Council/RSA Agenda 1591 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 12
facility design has been advanced in coordination with Union City and with consideration of their development and transportation plans. Implementing the East Bay Hub at the Union City Intermodal Station is consistent with the Union City Station District Specific Plan for the 470-acre area surrounding the Union City BART Station. The Station District Specific Plan provides one of the largest opportunities for new transit-oriented development in the Bay Area. The Station District Specific Plan includes 1,700 recently built or entitled housing units, as well as 1.2 million square feet of planned office space. The plan notes the importance of a passenger rail connection at Union City that would make it a “transit-rich node with options for connectivity to the rest of the region.” This third phase of the City’s vision for a Union City Intermodal Station builds on the earlier phases that focused improvements in the Station District, including the creation of an enhanced bus terminal with improved multimodal access and parking in Phase 1 and the expansion of the BART Station east access to better integrate the station with the surrounding transit-oriented development east of the station.

The City of Union City is advancing two transportation projects in close proximity to the Union City Intermodal Station and within the Station District Specific Plan area. In 2017, the California Public Utilities Commission (CPUC) and UP approved a project to construct an at-grade crossing of the UP Oakland Subdivision at the rear of the Station to provide direct connectivity between the BART Station and Union City’s development, including BART parking, east of the station. The City is also advancing Quarry Lakes Parkway, a new four-lane multimodal corridor with bike lanes and a separated Class I multi-use trail. Running parallel to Decoto Road, Quarry Lakes Parkway will provide congestion relief to nearby Decoto Road, as well as secure critical multimodal access to the east side of the Union City Intermodal Station through a direct 11th Street connection.

Opportunities for Improved Multimodal Connectivity in Union City The SoCo Rail Study is coordinating the development of the Union City Intermodal Station Phase 3 Project with local plans for bicycle and pedestrian access to provide greater multimodal connectivity. In addition, the already-completed segment of Duncan Way (also referred to a “Loop Road”) outside the station’s east entrance has curb space available for future bus bays, and the design concept proposed with the Union City Intermodal Station Phase 3 Project includes extension of Duncan Way south along the east edge of the platform to provide additional space for general pick-up / dropoff. In addition, with the City of Union City’s plans to construct Quarry Lakes Parkway to connect with Alvarado-Niles Road (further extension of this facility southward is also under consideration with stakeholders on its configuration and timing). In the mid-term, the benefits of Quarry Lakes Parkway to buses serving the Union City Intermodal Station are potentially two-fold.

First, is anticipated that some relief in congestion along Decoto Road east of Alvarado-Niles Road will be realized as some traffic will divert to Quarry Lakes Parkway from Decoto Road. This may help buses serving the west entrance to the Union City Intermodal Station operate more efficiently as they navigate in and out of the station. Secondly, there is an opportunity to utilize Quarry Lakes Parkway as an alternative route for some local and Transbay Dumbarton Express buses that may serve the planned bus bays on the eastside of the Union City Intermodal Station in the future4 to bypass the congested section 4 During the development of this study, stakeholders have indicated a need to further study the exact nature of providing any bus service on the east side of the Union City Intermodal station.

City Council/RSA Agenda 1592 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 13
of Decoto Road east of Alvarado-Niles Road where it is infeasible to add bus-only lanes in the mid-term due to right-of-way constraints. Figure ES-9 illustrates one possible scenario where Dumbarton Express buses would be relocated to the east side, along with several routes for AC Transit and Union City Transit.

Figure ES-9. Possible Bus Configuration at the Union City Intermodal Station and Mid-Term Utilization of Quarry Lakes Parkway
Source: AECOM, 2023
The addition of intercity rail service at the Union City Intermodal Station and the additional riders using the station as a result of this service may warrant additional bus service routes to serve the needs of the transit riders. The additional bus service may include express routes, new local routes, or just minor adjustments to existing routes to provide times connections to the intercity rail service at the Union City Intermodal Station.

What’s Next for the Union City Intermodal Station Phase 3 Project? To achieve initiation of service by the Mid-Term Horizon (around 2030), the project must progress through a sequential series of phases following the conclusion of this study:
• Project planning (as part of this SoCo Rail Study)
• Environmental clearance and preliminary engineering
• Final design and permits
• Contractor procurement
City Council/RSA Agenda 1593 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 14
• Construction
• Testing
• Commence Service
A conceptual project timeline illustrating the sequence and approximate duration of these key phases is shown in Figure ES-10.

Figure ES-10. Union City Intermodal Station Phase 3 Project Implementation Timeline Source: AECOM, 2023
In the next phase of project development, SJRRC as the project owner would advance State-level environmental clearance through the California Environmental Quality Act (CEQA). Should SJRRC desire to use or maintain the option to use Federal funding, a National Environmental Policy Act (NEPA) clearance would also be required. To satisfy these requirements for CEQA and NEPA, the project should include all improvements necessary for its operation and the environmental analysis should cover both construction of any necessary infrastructure and the effects of operations of the project (e.g., air quality, greenhouse gas emissions, noise). Engagement with UP on the Union City Intermodal Station Phase 3 Project will be essential once the environmental phase is underway to determine what additional improvements may be required and where.

As the owner and operator of ACE, SJRRC is assumed to be the CEQA lead agency for the Union City Intermodal Station Phase 3 Project. It should be noted that the City of Union City may participate as a funding partner and has discretionary authority on elements of the proposed station that are located within the City’s jurisdiction. Because the City may take discretionary actions (decisions) related to the project, the City may also choose to participate in the project’s CEQA process as a Responsible Agency.

The NEPA lead agency must be a Federal agency. Recognizing that the proposed intercity rail service would use UP’s freight lines for the service, the Federal Railroad Administration (FRA) may be the lead agency. In 2019, FRA delegated NEPA assignment to the California High-Speed Rail Authority (CHSRA), with oversight by the California State Transportation Agency (CalSTA), for the statewide HSR system and projects connecting to HSR stations. While two of three proposed trains serving the Union City Intermodal Station Phase 3 Project would directly connect to a HSR station (Merced), the remaining train would operate between Chico and Union City and would not have a direct connection to a HSR station. As the Union City Intermodal Station Phase 3 Project moves towards the environmental phase, City Council/RSA Agenda 1594 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis Study
Draft Phase 2 Report Executive Summary – May 2023 15
coordination between FRA and CHSRA is required to determine which agency would participate as the NEPA lead agency.

During project development, it will be imperative to secure a sustainable funding stream to support the project. The project is more likely to be delivered on schedule and within budget if the program continues to secure funding commitments in advance of each stage. Therefore, the program should engage in all necessary outreach and achieve buy-in from technical, State, Federal, executive, and legislative decision makers in advance of the construction and operations phases.

For the next stage (environmental clearance), project partners are already exploring possible regional funding sources such as Measure BB. Additionally, programs such as the State’s Transit and Intercity Rail Capital Program (TIRCP). For subsequent phases of project development (Final Design and Construction), funding opportunities such as the State’s Solutions for Congested Corridors Program (SCCP) and TIRCP programs should be considered, as well as Federal funding programs such as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) and the Federal–State Partnership for Intercity Passenger Rail. The project should also consider securing a local match from partner jurisdictions and identifying future sources of local or regional funding, such as inclusion in transportation sales tax measures.

City Council/RSA Agenda 1595 Tuesday, May 23, 2023

Page 1 of 2 ends

RESOLUTION NO. ____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE COMMITMENT OF $3.0 MILLION FROM THE 2014

MEASURE BB TRANSPORTATION EXPENDITURE PLAN (TEP) FUNDS

FOR THE UNION CITY INTERMODAL STATION PROJECT

TO THE SAN JOAQUIN REGIONAL RAIL COMMISSION (SJRRC)

FOR THE ENVIRONMENTAL CLEARANCE/PRELIMINARY ENGINEERING OF THE UNION CITY INTERMODAL STATION, PHASE 3
(INTERCITY RAIL) PROJECT
WHEREAS, the Alameda County Transportation Commission (“AlaCTC”) administers funding programs consisting of 2000 Measure B, 2010 Vehicle Registration Fee, 2014 Measure BB Transportation Expenditure Plan (TEP), CMA-TIP, and Transportation Fund for Clean Air Programs for projects and programs that benefit the Alameda County transportation system, and such funding is collectively defined as and shall be referenced herein as the “Alameda CTC Administered Funds”; and
WHEREAS, in the 2014 Measure BB Transportation Expenditure Plan on Page 20, the Union City Intermodal Station ($75 million) project description is as follows: This project funds the development of a new intermodal station in Union City to serve BART, Dumbarton Corridor services, Capitol Corridor, ACE and local and regional bus passengers. The project involves the construction of a two-sided rail station and bus transit facility, accessible to a 30-acre transitoriented development site. Improvements will be made to pedestrian and bicycle access, BART parking, elevators, fare gates and other passenger amenities; and WHEREAS, on March 9, 2021, under Resolution No. 5721-21, the City Council authorized the commitment of $72.0 million of the $75.0 million of the 2014 Measure BB funding from the Union City Intermodal Station Project to Quarry Lakes Parkway, leaving a balance of $3.0 million of Measure BB funds remaining; and
WHEREAS, the Metropolitan Transportation Commission (MTC) and the San Joaquin Regional Rail Commission (SJRRC)/Altamont Commuter Express (ACE), in partnership with the Alameda CTC, is currently administering the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study Project under a non-federal grant from the California State Transportation Agency (CalSTA); and
WHEREAS, the Metropolitan Transportation Commission (MTC) presented Phase 1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study at the July 27, 2021 City Council Meeting, identifying the study area for a future intercity rail station connecting BART, ACE (Altamont Commuter Express), Capitol Corridor and potential Dumbarton Rail service in Southern Alameda County, with potential rail stations in Newark, Fremont, and Union City, see EXHIBIT A; and
WHEREAS, the completed Southern Alameda County Integrated Rail Analysis, Phase 1 Report, dated November 4, 2021, recommended the Union City BART Station as the only “railto-rail” hub location for the Mid-Term Horizon (approximately 10 years) in order to allow ACE City Council/RSA Agenda 1596 Tuesday, May 23, 2023
Resolution XXXX-23

Page 2 ends

service to the Bay Area, provide an ACE-BART and ACE-Dumbarton Express connection, and to ensure the highest level of connectivity to key travel markets throughout the entire Bay Area and to proceed to Phase 2; and
WHEREAS, the Metropolitan Transportation Commission (MTC) and the San Joaquin Regional Rail Commission (SJRRC)/Altamont Commuter Express (ACE) presented an update of Phase 2 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study at the May 10, 2022 City Council Meeting on the proposed Layover Facility and Intercity Rail Station design concept on the Oakland Subdivision railroad track next to Union City Station and discussed how the SoCo Rail design team will be coordinating with City staff on the connectivity to BART, East Plaza and the adjacent Station District Area, see EXHIBIT B; and

WHEREAS, at the same meeting, City staff presented the Union City Intermodal Station Update outlining the 20-year project history, the $160 million regional transportation investment and status of key Station District area infrastructure projects, including the completion of the Union City Intermodal Station, Phases 1 and 2, along with the proposed BART Pedestrian At-Grade Crossing (AlaCTC Project Funding Agreement No. A13-0058), and the Quarry Lakes Parkway (AlaCTC Project Funding Agreement No. A22-0053), see EXHIBIT C; and WHEREAS, the SoCo Rail Study, Phase 2, will be completed by summer 2023 and will identify the project purpose and benefits, proposed operating plan and proposed infrastructure improvements, such as rail station design concepts, layover facilities, passenger connections (ACE to BART and transit) along with initial cost estimates for project scoping required for proceeding into the environmental phase; and
WHEREAS, the City received a letter, dated May 10, 2023, from the San Joaquin Regional Rail Commission (SJRRC) Executive Director requesting $3.0 million to support the Environmental Clearance/Preliminary Engineering phase with the SJRRC as the lead agency and providing a local match of $500,000, see EXHIBIT D; and WHEREAS, the letter noted above included the 2023 California State Rail Plan Fact Sheet, which identifies a new transportation hub in Union City in the Mid-Term Plan (10 year,) well positioning this project to seek future local, state and federal funding for the remaining project phases, Final Design, Right of Way, Construction, Vehicle Procurement and Maintenance/Operations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the commitment of $3.0 million from 2014 Measure BB funding from the Union City Intermodal Station Project to the San Joaquin Regional Rail Commission (SJRRC) for the Environmental Clearance/Preliminary Engineering of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to Alameda CTC.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 2023, by the following vote:

City Council/RSA Agenda 1597 Tuesday, May 23, 2023
Photo Credit: Jim Maurer, 2018
Southern Alameda
County Integrated
Rail Study
(SoCo Rail)
Union City City Council
July 27, 2021
City Council/RSA Agenda 1598 Tuesday, May 23, 2023 1
Study Context: Local, Regional and State Rail Planning
Regional &
State Rail
Plans
Operator/Agency
Vision & Long-Range
Service Plans
Project Studies, Plans
& Implementation
2022 Update
2 SoCo
Rail
Study
City Council/RSA Agenda 1599 Tuesday, May 23, 2023
2018 State Rail Plan
• Provided 2040 Vision for
Passenger Rail
• Focused on: ✓ Integrated Statewide
Network
✓ Coordinated Schedules ✓ Customer Focus
• Included East Bay Rail
Hub in So. Alameda Co
3 3
City Council/RSA Agenda 1600 Tuesday, May 23, 2023
Study Area
Considers context of NorCal
Megaregion
4 City Council/RSA Agenda 1601 Tuesday, May 23, 2023
Study Area
Nexus of:

BART, ACE, Capitol Corridor, and
potential Dumbarton service in
Southern Alameda County • Opportunity for ACE/BART
connection that does not
currently exist
• Feasibility of Shinn Station
5 City Council/RSA Agenda 1602 Tuesday, May 23, 2023
SoCo Rail Study Approach and Timeline
2019
Existing & Future
Conditions,
Initial Planning
2020-2021
Service Planning and
Hub Assessment
2021-22
Detailed Planning and
Initial Project
Development
6 Phase 1 Phase 2
City Council/RSA Agenda 1603 Tuesday, May 23, 2023
Existing Markets
To/From Study Area
• Most trips are short (5-7 miles)
• Majority of trips are
completely within the study
area or are north to Central
Alameda County or south to
the South Bay
• Most travel to and from Study
Area is short- to mid-length
trips to South Bay and Central
County
City Council/RSA Agenda 1604 Tuesday, May 23, 2023 7
Existing Markets
Through Study Area
• Major flows through Study Area:
⁻ South Bay – Central/
Northern Alameda County
⁻ South Bay –Tri Valley
⁻ Peninsula – North/Central
Alameda County
City Council/RSA Agenda 1605 Tuesday, May 23, 2023 8
Future Markets
• Largely follows same patterns
• Most trips are < 5 miles
• South Bay and Central Alameda County account for most trips to, from, and through Study Area
• Eastern Markets have the largest % growth
• Limitations
⁻ Does not fully capture megaregional
travel flows
⁻ Not sensitive enough to changes in land use and transportation patterns City Council/RSA Agenda 1606 Tuesday, May 23, 2023 9
• Phase 1 considered 7 potential
locations for a new East Bay rail hub
in the study area
• Objective: identify location(s) that
provide mid-term benefits and are
compatible with and/or help
progress toward long-term vision
concepts for rail operators and the
State Rail Plan
Hub Assessment
10 City Council/RSA Agenda 1607 Tuesday, May 23, 2023
11 Shinn Station Evaluation
• No current connection exists where
BART and standard gauge (e.g. ACE)
rail services cross
• Developed and evaluated eight
potential station design options at
Shinn Junction
• Station not recommended in mid-term
due to incompatible land uses and
excessive impacts on BART
• Only makes sense with implementation of
a frequent Dumbarton Rail Service and
much more frequent ACE service
City Council/RSA Agenda 1608 Tuesday, May 23, 2023
Service Planning Starts with Long-Term Vision
Long-Term
Service 20+ yrs
Mid-Term
Service 10+ yrs
Near-Term
Service ~5 yrs
• Service planning
goals/parameters
(from operators)
• Long-term (~20 yrs)
service concepts
• Mid-term (~10 yrs)
service goals and
scenarios
• Detailed hub/
terminal analysis
12 City Council/RSA Agenda 1609 Tuesday, May 23, 2023
Long-Term Vision Concepts
• Consider range of long-term
concepts to understand
implications of different longterm projects for near-term planning, but defer further
decisions to other venues
• Dumbarton service and Link21
were assumed in the long-term
scenario
13 City Council/RSA Agenda 1610 Tuesday, May 23, 2023
• Shared freight (UPRR) corridor on
Centerville and Coast Subdivision through
Alviso Wetlands limits passenger rail
frequency increases
• ACE sees potential to increase service to 6-10 roundtrips/day over Altamont for service to Southern Alameda County in
the mid-term
• Direct ACE service on Dumbarton
Corridor likely infeasible in mid-term due
to constraints at Redwood City and the
Peninsula rail corridor
Mid-Term Service Planning
Analysis Key Findings
14 City Council/RSA Agenda 1611 Tuesday, May 23, 2023
Implications for Mid
-Term Rail Service
• Concept 1: Not possible • Capacity constraints • Concept 2: ACE-Cap Corridor connection at Ardenwood • Connects to existing Express Bus service • Dependent on South Bay Connect • Ridership potential tied to Dumbarton service • Concept 3: ACE-BART connection at Union
City• Least impact on system operations • Lowest infrastructure needs • Compatible with long-term service concepts –
all current Dumbarton options serve UC BART
• Ridership potential: north/south on BART and
potential future Dumbarton connection
• Connection to existing multi-modal station
(BART/bus) and TOD (existing and planned)
15 City Council/RSA Agenda 1612 Tuesday, May 23, 2023
Next Steps ⁻ Wrapping up Phase 1 Summary Report by end of August ⁻ Phase 2: Detailed Planning, Initial Project Development ⁻ Definition of recommended East Bay Hub for Mid-Term Horizon, including associated infrastructure improvements and identification of feasibility challenges
⁻ High level understanding of potential East Bay Hub(s) for Long-Term Horizon, that includes Dumbarton Rail Service, Link21, and improvements along UPRR Coast Subdivision
between Newark and San Jose (incl. tracks in AlvisoWetlands) ⁻ Ongoing stakeholder outreach
⁻ Outcomes: ⁻ Reports documenting analysis, results and recommendations ⁻ Definition of hub project ready to move forward to next phases of project development
16 City Council/RSA Agenda 1613 Tuesday, May 23, 2023
Union City ACE/BART Rail-to-Rail Hub Station
Project Overview and Update
May 10, 2022
City Council/RSA Agenda 1614 Tuesday, May 23, 2023
Southern Alameda County Integrated Rail Analysis (SoCo Study) ▪ Phase 1 of SoCo Study Complete
▪ Analysis of Rail-to-Rail Hub Station Options in
Southern Alameda County
▪ Union City BART Selected as Rail-to-Rail Hub
▪ Phase 1 Report on MTC Website
▪ Phase 2 of SoCo Study Underway
▪ Analysis of Layover Facility Options
▪ Site Immediately Adjacent to Station Selected
▪ Detailed Planning Now Underway
▪ Targeted for completion at end of 2022
▪ Next Step in Project Development
▪ Environmental Clearance
Union
City
City Council/RSA Agenda 1615 Tuesday, May 23, 2023
ACE/BART Hub Location / Layover Facility Site
City Council/RSA Agenda 1616 Tuesday, May 23, 2023
Mid-term Layover Facility Options
Potential Layover Facilities

1. Union City (BART)

2. Union City (US Pipe)

3. Fremont (Shinn Street)

4. Newark Site (Willow Street)
Site Feasibility Analysis Includes
• Project Complexity
• Land Use Compatibility
• Environmental Considerations
• Operational Feasibility
City Council/RSA Agenda 1617 Tuesday, May 23, 2023
SoCo Rail Layover Facility Comparison Matrix
Site Complexity Land Use
Compatibility
Environmental
Constraints
Operational
Feasibility
Union City BART 1 3 1 1
Union City – US Pipe 3 2 2 2
Fremont – Shinn St. 2 2 3 3
Newark –Willow St. 5 4 4 5
The Union City BART Site is the most feasible location for the SoCo Rail Layover Facility in the mid-term and is the preferred option for further analysis in the study City Council/RSA Agenda 1618 Tuesday, May 23, 2023
2030 Vision for ACE Network
City Council/RSA Agenda 1619 Tuesday, May 23, 2023
Altamont Corridor
Extension to
East Bay Hub
(Union City BART)
Valley Link
(North Lathrop to
Dublin/Pleasanton
BART)
VL
VL
VL
VL
VL
VL
VL
Stockton
VL
VL
VL
VL
VL
VL
VL
City Council/RSA Agenda 1620 Tuesday, May 23, 2023
Union City ACE/BART Rail Hub Station
City Council/RSA Agenda 1621 Tuesday, May 23, 2023
Next Steps
▪ Phase 2 of SoCo Study Underway
▪ Operations planning
▪ Ridership Analysis
▪ Connectivity planning
▪ Equity Analysis
▪ Conceptual engineering
▪ Cost estimating
▪ Implementation/Funding planning
▪ Final Report/PSR
Targeted for completion at end of 2022
▪ Next Step in Project Development
▪ Environmental Clearance
Station site
City Council/RSA Agenda 1622 Tuesday, May 23, 2023
Thank you!
Dan Leavitt
Manager of Regional Initiatives
San Joaquin Regional Rail Commission
[email protected]
City Council/RSA Agenda 1623 Tuesday, May 23, 2023

UNION CITY INTERMODAL

STATION UPDATE

PRESENTATION
Marilou Ayupan, Public Works Director ITEM 3.d
May 10, 2022
City Council/RSA Agenda 1624 Tuesday, May 23, 2023
2 INTERMODAL STATION UPDATE
PROJECT HISTORY-July 2021 City Council
2001-2005 MTC Resolution 3434 (TOD Policy and Investment) 2002 – BART Station Comprehensive Station Plan & Intermodal Station 2004 - Intermodal Station & Transit Facility Plan (Passenger Rail) 2006 - Union City Passenger Rail Project EIR (ACE, DB Rail, CCJPA) Mid 2000’s - 11th Street & BART Station, Phase 1A (Transit & Parking) Mid 2010’s - BART Station (Phase 1B/Phase 2) & East Plaza 2021 - Southern Alameda Integrated Rail Study (Station Options) 2022 – ACE-BART Rail-to-Rail Station (Union City BART Station) 2021 – BART Station, Phase 2A (East Entrance)
2022 - BART PED At-Grade Crossing (Complete East Entrance) 2026 - Quarry Lakes Parkway, Ph 1 & 2
2030 - Quarry Lakes Parkway, Ph 3 & 4 (Grade Separations) 2030 – PASSENGER RAIL (ACE) SERVICE
City Council/RSA Agenda 1625 Tuesday, May 23, 2023
3 INTERMODAL STATION UPDATE
Over 20 Years Planning
$160 Million Investment
(Local, Regional, State &
Federal Grant Funds)
Project Partners
MTC, BART, AC Transit, UC
Transit, ACE, VTA, Capitol
Corridor, ACCMA-ACTIA-ACTC,
Fremont and Hayward
City Council/RSA Agenda 1626 Tuesday, May 23, 2023
4 INTERMODAL STATION, BART PHASE 2A
COMPLETED IN 2022
City Council/RSA Agenda 1627 Tuesday, May 23, 2023
5 INTERMODAL STATION UPDATEACE-BART RAIL TO RAIL CONNECTION 5 Minute Walk: ACE to BART & ACE to TRANSIT
City Council/RSA Agenda 1628 Tuesday, May 23, 2023
6 INTERMODAL STATION UPDATE

BART PED AT-GRADE CROSSING
CONSTRUCTION IN 2022, OPEN IN 2022/2023
(Union Pacific Railroad approval process about 8+ years) City Council/RSA Agenda 1629 Tuesday, May 23, 2023
7 QUARRY LAKES PARKWAY, PHASES 3-4 & ACE STATION
City Council/RSA Agenda 1630 Tuesday, May 23, 2023
8 ACE STATION & QUARRY LAKES PARKWAY

COORDINATON

COORDINATE, COLLABORATE & COST

SAVINGS
▪ ACE & Union City- Expedite Union Pacific
(UP) Railroad Permits
▪ Work within Oakland Sub/UP Right of Way
▪ Requires Temporary Railroad Track Shoofly
(Detour)
▪ Potential Reuse of Shoofly Rail for future
ACE Station and Layover Facility
▪ Potential Installation of Com. Conduit (PTC)
▪ Use Excess QLP Dirt for UP R/W Grading
City Council/RSA Agenda 1631 Tuesday, May 23, 2023
9 INTERMODAL STATION UPDATE
Continue Planning and Investment...

MOVING FORWARD- NEXT STEPS
✓ Continue ACE Coordination (Fremont, Newark, BART, AC
Transit and UC Transit) on Union City-ACE Station
(Environmental) & QLP, Phases 3 & 4 (Design)
✓ Complete BART Entrance with Ped At-Grade Crossing
✓ Prepare RFP for Quarry Lakes Parkway, Phase 3 & 4
(Grade Separations) for Design Consultant
✓ Evaluate integrating QLP, Grade Separations with ACE
Station Track Improvements (potential cost savings)
QUESTIONS….

City Council/RSA Agenda 1632 Tuesday, May 23, 2023
Chair, Leo Zuber, City of Ripon
Vice Chair, Nancy Young, City of Tracy
Commissioner, Lisa Craig, City of Lodi
Commissioner, Jose Nuño, City of Manteca
Executive Director, Stacey Mortensen
Commissioner, Miguel Villapudua, San Joaquin County
Commissioner, Kimberly Warmsley, City of Stockton
Commissioner, Melissa Hernandez, City of Dublin
Commissioner, Lily Mei, City of Fremont
949 East Channel Street, Stockton, CA 95202 | www.sjrrc.com May 10, 2023
The Honorable Carol Dutra-Vernaci
Mayor, City of Union City
34009 Alvarado–Niles Road
Union City, CA 94587
RE: Request for Funding Allocation of $3,000,000 from the 2014 Measure BB Transportation Expenditure Plan (TEP) Funds to Support Environmental Clearance/Preliminary Engineering of the Union City Intermodal Station, Phase 3 (Intercity Rail) Project Dear Mayor Dutra-Vernaci:

The San Joaquin Regional Rail Commission (SJRRC) and the City of Union City in a 20-year partnership with BART have long collaborated on concepts to bring additional train service to the City’s BART Intermodal Station and multi-modal hub. The City has been a tireless champion in this effort and has remained committed for over two decades. SJRRC is excited to take the next step in the process by supporting the City and BART in requesting a funding allocation of $3,000,000 from the 2014 Measure BB Transportation Expenditure Plan (TEP) for the Union City Intermodal Station Project funds to support next stage of project development – environmental clearance and preliminary engineering – for the Union City Intermodal Station, Phase 3 (Intercity Rail) Project.

As you may know, the Metropolitan Transportation Commission (MTC) will be completing work shortly on the planning-level Southern Alameda County Integrated Rail Analysis Study (Study), which is the foundation for the Union City Intermodal Station Phase 3 Project. This Study has been conducted in close partnership with SJRRC, the California Department of Transportation (“Caltrans”), the California State Transportation Agency (“CalSTA”), the Alameda County Transportation Commission (“Alameda CTC”), and the Capitol Corridor Joint Powers Authority (CCJPA)—to define the location for a rail-to-rail connection that includes Altamont Corridor Express (ACE) rail service in southern Alameda County. Through this Study, the existing Union City Intermodal Station was identified as the preferred location due to the benefit of connecting ACE and BART rail services, plus connection to Transbay and numerous other local buses.

The proposed concept includes a new rail platform for ACE service and layover facility, both of which would be located on the east side of Union City Intermodal Station. ACE trains will provide new intercity rail services, linking Union City and the greater Bay Area to destinations in the Central Valley including Sacramento and Chico, as well as Merced, where passengers will be able to connect to California’s High-Speed Rail system to reach destinations additional Central Valley destinations such as Fresno and Bakersfield, as well as Southern California.

MTC and SJRRC have been working closely with City of Union City staff and their consultants to develop a conceptual design for the new platform and layover facility that meets the needs of both City Council/RSA Agenda 1633 Tuesday, May 23, 2023
SJRRC and the City. This process has included extensive collaboration on the layout of the rail infrastructure and facilities, the interface with the surrounding street network and future redevelopment of the area.

These efforts are a culmination of over 20 years of work by the City and BART on transportation and land use planning for an intermodal station/passenger rail station at this site, including the Union City Station District Specific Plan and the future Quarry Lakes Parkway. Phase 3 of the Union City Intermodal Station builds directly off of past investments in the BART station, including reconfiguration of the west-side parking lot to create an enhanced bus terminal and improve multimodal access (Phase 1) and expansion of the east side of the station with a new headhouse and vertical circulation to better integrate the station with surrounding transit-oriented development (Phase 2).

To ensure that this passenger rail project can continue to make progress on this critical investment in transit and complete construction in time to meet the new high-speed rail service at Merced, SJRRC respectfully requests the City’s assistance in obtaining $3,000,000 in Measure BB TEP funds to support environmental clearance and preliminary engineering. SJRRC is committed to be the Lead Agency for CEQA for this effort and to secure an additional $500,000 in matching funds towards the completion of the environmental clearance and preliminary engineering for the Union City Intermodal Phase 3 Project. Union City will be a Responsible Agency for the CEQA environmental impact report (EIR) and SJRRC will work closely in partnership with the City throughout all aspects of the effort.

Finally, we want to inform the City that the 2023 State Rail Plan now identifies Union City as a midterm (10 years) rail-rail hub connecting the Central Valley to the Bay Area well positioning the project to seek state and federal transportation funds for the next project phases, see attached Fact Sheet.

Thank you very much for your consideration, and we look forward to continuing our collaboration with the City in the upcoming stage of project implementation.

Sincerely,
Stacey Mortensen, Executive Director
San Joaquin Regional Rail Commission
Attachment: 2023 State Rail Plan
cc: Joan Malloy, City Manager
Tess Lengyel, Alameda CTC Executive Director
Robert Powers, BART General Manager
Michael Hursh, AC Transit General Manager
Lily Mei, City of Fremont Mayor and SJRRC Member
City Council/RSA Agenda 1634 Tuesday, May 23, 2023
2023

CALIFORNIA STATE RAIL PLAN

OVERVIEW
The California State Rail Plan (Rail Plan) affirm s the State’s Vision for an integrated rail and transit network that delivers on California’s ambitious economic, environmental, and equity goals.

In line with California Transportation Plan 2050 (CTP 2050) and the Clim ate Action Plan for Transportation Infrastructure (CAPTI), an integrated rail network, built on the backbone of future highspeed rail corridors, supports economic growth, improves environmental outcomes, and increases equity by providing the seamless mobility Californians need and shifts travel demand to zero-emission, high-capacity transport that supports efficient, sustainable land use. Regional implementation planning and project delivery build on the Rail Plan, as communities realize improved service, develop regional networks, and set land use recomm endations that leverage enhanced connectivity.

IMPLEMENTATION LIGHTS
(5 Year)
The Rail Plan proposes a unifed
statewide network that aligns needs
for passenger and freight service
and connects passenger rail to other
modes. The network will capture an
increasing share of passenger and
freight travel by rail to support
economic, environmental, and
equity goals.

The Rail Plan designs a future
statewide network that serves the
origin and destination points of over
46 million future trips. To achieve
CARB’s goal of a 20% VMT
reduction requires increasing mode
share to 14%, over 6.5 million daily
passengers. Investments identifed in
the Rail Plan provide for the
capacity to serve high ridership
volumes with zero-emission rail
service and without highway
expansion.
» Integrate ticketing and fare coordination across statewide network » Integrate state rail and intercity bus syste
HIGH
ms to run on a consistent pulse schedule
» Initial run-through tracks complete at LA Union Station » Increase service between Los Angeles and Riverside (via Fullerton), Merced and Sacramento, Roseville and the Bay Area
» New Service to Las Vegas, Healdsburg, between Gilroy and Salinas, and along the California High-Speed Rail Initial Operating Segment
MID-TERM PLAN (10 Year)
» State rolling stock procurements are 100% zero-emission vehicles » New transportation hub at Union City
» Increased rail frequencies on the Central Coast and statewide » New Service to Coachella Valley, Chico, Santa Cruz, and Cloverdale » Phase one of California high-speed service is complete. Additional high-speed connections between Palmdale, Apple Valley, and Rancho Cucamonga
LONG-TERM PLAN (2050)
» Trips between California's urbanized areas can be completed most efficiently by our rail and transit network » Second Transbay crossing is complete.
» Phase two of California high-speed rail service is complete, extending to San Diego and Sacramento » New service between Lemoore and Porterville, and to Monterey, Redding, Phoenix, Reno, and Tijuana Airport F o r m o re information, or to vie w the Rail Plan and Submit Comments, Please visit our website a t:
https://dot.ca.gov/programs/rail-and-masstransportation/california-sta te-rail-plan o r e-mail [email protected]
City Council/RSA Agenda 1635 Tuesday, May 23, 2023
2023 Rail Plan Capital Program
$20.6B
(Near-Term)
$25.7B
(Mid-Term)
$53.1B
(Long-Term)
The Rail Plan organizes its capital planning into
near-, mid-, and long-term horizons. The overall
program identifes $99.5B in passenger, freight,
zero-emissions operations, and port/logistics
support investments, exclusive of California
High-Speed Rail.

City Council/RSA Agenda 1636 Tuesday, May 23, 2023
In partnership with:

Item 7a. Phase 2 Report Update
May 23,2023
City Council Meeting
City Council/RSA Agenda 1637 Tuesday, May 23, 2023
Agency Sponsor, Partners, and Key Stakeholders
Study Sponsor
Technical Development Partner /
Project Management Team
Funding Partner / Project
Management Team
Project Management Team
Project Management Team
Project Partner
Key Stakeholder
Key Stakeholder
Key Stakeholder
Key Stakeholder
City Council/RSA Agenda 1638 Tuesday, May 23, 2023
3 • Phase 1 Report • Completed Fall 2021 • Union City BART Station identified as location for rail-to-rail connection
• Phase 2 Report • Draft Completed in April 2023 and reviewed by key stakeholders
• Includes: • Operating Plan • Ridership • Station / Layover Facility Design • Equity • Multi-modal Connectivity • Long-Term Considerations • Implementation Plan Project Status
City Council/RSA Agenda 1639 Tuesday, May 23, 2023
Study Goals Established in Phase 1
✓ Enhance regional connectivity and increase equitable
access
✓ Enhance service reliability and safety
✓ Promote sustainability and resiliency
✓ Serve surrounding communities and shape growth
✓ Develop feasible infrastructure improvements
City Council/RSA Agenda 1640 Tuesday, May 23, 2023
5 A plan that came
together …
• Union City Intermodal Station: • Phase 1 created an enhanced bus terminal to improve multimodal
access
• Phase 2 expanded the east side of
the BART Station to better integrate
the station with surrounding transit-
oriented development
• Phase 3 will link intercity rail directly
with BART and bus services and
integrate rail in Southern Alameda
County with the larger statewide
intercity rail network
City Council/RSA Agenda 1641 Tuesday, May 23, 2023
6 • Union City BART Station proposed as the
“rail-to-rail” East Bay Hub as per the Draft
2023 State Rail Plan
• Three round trips per day in the Mid-Term
Horizon (2030-2033):
• Intercity rail service between Chico and Union
City and between Merced and Union City
• Timed connections with HSR in Merced • Connections to BART and multiple bus services at Union City
• Draft 2023 State Rail Plan has hourly service to
Union City via Altamont Corridor in the long-
term
Recommended Project:

Union City Intermodal Station Phase 3
City Council/RSA Agenda 1642 Tuesday, May 23, 2023
7 Proposed Mid-Term Service Operating Plan
City Council/RSA Agenda 1643 Tuesday, May 23, 2023
Proposed Infrastructure Improvements
• Intercity Rail Platform
• 745-foot-long platform located between
the UP Oakland Subdivision to the west
Union City property to the east
• Layover Facility Location
• Two layover tracks located in Waste
Consolidation Area (WCA) site southeast
of the Union City BART station
LEAVE THIS IN (FINE FOR SHOWING COMPONENTS);
City Council/RSA Agenda 1644 Tuesday, May 23, 2023
Proposed Platform and Layover Facility Design
9 At-Grade Crossing
Extension of
Duncan Way /
Loop Rd
Proposed 745’
Long Platform
Sidewalk Connection
Waste Consolidation Area Site
Layover Tracks
Station Track
Proposed Bridge
City Council/RSA Agenda 1645 Tuesday, May 23, 2023
Intercity Rail Station Platform and Access
City Council/RSA Agenda 1646 Tuesday, May 23, 2023 10
Connectivity
to BART
City Council/RSA Agenda 1647 Tuesday, May 23, 2023 11
Multimodal Connectivity: Bus
Multimodal Improvements:

Already Planned
❖ Transit priority improvements
• Dumbarton Corridor
Improvement Project
• Dumbarton Forward
• Decoto Road Complete Streets
Project
• I-880/Decoto Road Interchange
Modernization Project
❖ New median bus station at
Ardenwood Park-and-Ride (State
Route 84 Intermodal Facility)
Multimodal Improvements:

Additional Opportunities
❖ Additional bus stop consolidation
❖ Quarry Lakes Parkway (potential to
leverage new roadway to optimize
City Council/RSA Agenda 1648 Tuesday, May 23, 2023 bus services) Multimodal Connectivity: Bus
Multimodal Improvements – Additional Opportunities
❖ Potential New Dumbarton Express Route (Union City Intermodal Station–Redwood City) ❖ Potential Dumbarton Express “Super Express”
❖ Potential New AC Transit (Union City Intermodal Station–Newark–Warm Springs BART) City Council/RSA Agenda 1649 Tuesday, May 23, 2023
Multimodal Connectivity: Bicycle and Pedestrian
• Bicyclists:
• Continued build-out of bikeway
network according to City bike plan
• Space available near intercity rail
platform for bike parking and secure
lockers
• Pedestrians:
• Future at-grade crossing will link
BART station, intercity rail platform,
and east station plaza
• Quarry Lakes Parkway (initial
phases)
• On-street bike lanes
• Off-street parallel shared-use bicycle
and pedestrian recreational path
City Council/RSA Agenda 1650 Tuesday, May 23, 2023
Multimodal Connectivity: Automobile Access and Parking
• Automobile Access
• Space identified in the planned extension of Duncan Way/Loop Road (on east side of Union City Intermodal Station) for the following:
• Automobile pick-up/drop-off
• Taxi/TNC loading
• Parking Considerations
• Parking demand expected to be relatively low due to BART/other transit connections to ACE trains. Also, intercity rail service is oriented more to pickup/drop-off, whereas commuter service has more focus on park and ride lots. • Possible parking arrangements will be explored in the next phase work.

City Council/RSA Agenda 1651 Tuesday, May 23, 2023
Complements
Valley Link Project
Valley Link ACE Intercity Rail
Service between
Dublin/Pleasanton BART
Station and North Lathrop
Service between Union City
and Chico / Merced
Connections to the TriValley and areas such as
Oakland and San Francisco
Connections to the Tri-City
area and markets in the
South Bay via BART and
the Peninsula via Transbay
bus services
Medium-distance service
with high frequencies to
match BART service
Less frequent intercity
service with longerdistance connections
throughout the Northern
California Megaregion
VL
VL
VL
VL
VL
VL
VL
Valley Link
(North Lathrop to
Dublin/Pleasanton BART)
ACE Extension
(to Union City
Intermodal Station)
City Council/RSA Agenda 1652 Tuesday, May 23, 2023
17 Benefits of the Proposed Project
❖ Consistent with 2018 CSRP’s vision for an East Bay Hub ➢ Locating the hub at Union City BART fulfills Union City’s vision for an Intermodal Station
➢ Proposed intercity rail service supports Union City’s plans for transitoriented development at the Union City Intermodal Station ❖ Consistent with the Draft 2023 CSRP’s focus on Equity in Rail ❖ 7-day-a-week, off-peak service responds to the needs of noncommuters who are often transit-dependent throughout the Northern California Megaregion
City Council/RSA Agenda 1653 Tuesday, May 23, 2023
18 Benefits of the Proposed Project
❖ Supports regional goals to improve air quality and reduce greenhouse gas emissions
➢ Preliminary forecasts of 1.86 million riders for the 3 round trip trains ➢ Results in a reduction in overall vehicle miles traveled (VMT) of 87.95 million ❖ Improves multimodal access in the Northern California Megaregion ➢ Access to Bay Area destinations through BART at Union City ➢ Timed connections with HSR in Merced
➢ Opportunities for improved other multimodal connectivity at Union City and throughout the service routes
City Council/RSA Agenda 1654 Tuesday, May 23, 2023
Project Development Timeline
19 City Council/RSA Agenda 1655 Tuesday, May 23, 2023
Next Steps
• Finalize SoCo Rail Phase 2 Report and Publish on
MTC Website
• Secure funding for next phase of project
development: Environmental Clearance/Preliminary
Engineering
20 City Council/RSA Agenda 1656 Tuesday, May 23, 2023
Thank you!
City Council/RSA Agenda 1657 Tuesday, May 23, 2023 21
Adopt a Resolution Authorizing the Commitment of $3.0
Million from 2014 Measure BB Transportation
Expenditure Plan (TEP) Funds for Union City Intermodal
Station to San Joaquin Regional Rail Commission
(SJRRC) for the Environmental Clearance/Preliminary
Engineering of Union City Intermodal Station, Phase 3
(Intercity Rail) Project
May 23, 2023 - City Council Meeting
Marilou R. Ayupan, Public Works Director
Item 7a.

City Council/RSA Agenda 1658 Tuesday, May 23, 2023
2 Intermodal Station, Phase 3 (Intercity Rail)
Union City Intermodal Station ($75.0)
This project funds the development of a
new intermodal station in Union City to
serve BART, Dumbarton Corridor
services, Capitol Corridor, ACE
(Altamont Commuter Express) and
local and regional bus passengers.

City Council/RSA Agenda 1659 Tuesday, May 23, 2023
3 Intermodal Station, Phase 3 (Intercity Rail)
Union City Intermodal Station ($75.0)
The project involves the construction of a
two-sided rail station and bus transit
facility, accessible to a 30-acre transitoriented development site. Improvements will be made to pedestrian and bicycle
access, BART parking, elevators, fare
gates and other passenger amenities.

Union City Intermodal Station, Ph 1 and 2A
(BART Station) projects have been completed.

City Council/RSA Agenda 1660 Tuesday, May 23, 2023
4 Intermodal Station, Phase 3 (Intercity Rail)
• As part of developing a full funding plan for Quarry Lakes Parkway, City Council authorized on March 9, 2021 the commitment of $72 million of the $75 million 2014 Measure BB TEP Intermodal Station funding to Quarry Lakes Parkway, leaving a balance of $3.0 million. • SJRRC Executive Director submitted a letter dated May 10, 2023 to the Mayor requesting $3.0 million for Environmental Clearance/Prelim Engineering with a $500,000 local match
• In this same letter, SJRCC reported to the City that this Union City Intercity Rail Hub project is now identified in the 2023 State Rail Plan creating future federal, state and regional funding opportunities.

City Council/RSA Agenda 1661 Tuesday, May 23, 2023
5 Intermodal Station, Phase 3 (Intercity Rail)
Staff Recommendation
Adopt a Resolution Authorizing the Commitment of $3.0 Million from 2014 Measure BB Transportation Expenditure Plan (TEP) Funds for Union City Intermodal Station to San Joaquin
Regional Rail Commission (SJRRC) for the Environmental
Clearance/Preliminary Engineering of the Union City
Intermodal Station, Phase 3 (Intercity Rail) Project
Questions?
City Council/RSA Agenda 1662 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JARED RINETTI, POLICE CHIEF
SUBJECT: PROVIDE OPPORTUNITY FOR PUBLIC COMMENT REGARDING AN

AUTOMATED LICENSE PLATE READER SYSTEM (ALPR) AND ADOPT A

RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A

SINGLE SOURCE SUBSCRIPTION AGREEMENT WITH FLOCK GROUP
INC., IN A TOTAL AMOUNT NOT TO EXCEED $266,500 OVER FIVE

YEARS FOR AN ALPR SYSTEM
Staff recommends that the City Council provide an opportunity for public comment regarding the proposed automated license plate reader (ALPR) system and adopt a resolution authorizing the City Manager to enter into a single source subscription agreement with Flock Group, Inc. (Flock), in a total amount not to exceed $266,500 over five years, for ALPRs.

STRATEGIC PLAN ALIGNMENT
Goal C.: Institute forward-thinking, business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 13: Align public safety services with community needs based on a data driven decision-making approach (i.e., emergency medical services, restoration of terminated police programs, etc.)

BACKGROUND
To respond to ongoing and emerging crime trends efficiently and effectively, the Police Department continually evaluates strategies, equipment, and technologies to support law enforcement efforts. In furtherance of this process, the Police Department tested and evaluated the Flock ALPR system. The City’s evaluation, as well as the findings of partner agencies, was that by acquiring this platform, the Police Department will greatly expand its current ability to efficiently deploy police resources.

Union City is the only city is southern Alameda County that does not have an ALPR system; Fremont, City Council/RSA Agenda 1663 Tuesday, May 23, 2023
Newark, and Hayward have ALPR systems.

DISCUSSION
Crime trends over the past five years in Union City have identified that 2022 was the highest year in the number of homicides, robberies, burglaries, thefts, stolen vehicles, and arsons. Although there were some decreases in the reports of some crimes that coincided with the COVID-19 pandemic, the incidents in 2022 were higher than the years before and during the pandemic. To reverse this trend, the Police Department implemented various focused approaches in several areas such as deterrence, enforcement, investigations, and research in new technologies to aid in crime prevention, response, investigation, and case clearance.

During the research into technology platforms, the Police Department found that the ALPR system offered by Flock would likely enable the Police Department to achieve more while preserving staff resources and staff time. The result would be crime reduction, increased public safety, and a higher quality of life in Union City.

Prior to operating an ALPR system, the City is required to provide an opportunity for public comment.

Specifically, Senate Bill 34 was signed into law in October 2015. This requires that a public agency that intends to operate an ALPR system provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. This matter is before the City Council to satisfy the requirements of Senate Bill 34 and for the City Council to consider approving the proposed contracts.

Flock offers an integrated ALPR system that is straightforward and essentially turnkey. The cost is $2,500 per camera, per year and includes storage of the footage. There is an additionalcost of $2,500 per year to conduct searches of vehicles in the database. There is a cost for installation of the cameras in the first year that depends on the type of installation ($1,250 for installation on a state right-of-way and $350 for other installations).

The ALPR cameras employed by Flock are motion-activated and capture still images of passing vehicles, there is no audio or video recording. Those images are then analyzed in the system to check for a match to wanted vehicles. If a match is made, the system sends an immediate alert of the location where the vehicle passed so officers can begin to check the area.

The system is focused on identifying vehicles based on their unique attributes such as license plate, color, type, make, and objects such as bumper stickers. Flock does not use facial recognition, is not tied to personal identity information, and is not used for traffic enforcement. The deployment plan in Union City would be to install cameras adjacent to streets to capture the rear of passing vehicles and is not focused on the interior of passing vehicles or their occupants. All footage and data collected from cameras located within Union City would belong to the City, would be deleted automatically from the Flock servers every 30 days, and would be encrypted with the AES-256 encryption algorithm.

Consistent with Police Department policy, access to search for images and data within the Flock platform would require a legitimate law enforcement reason. Such reasons would be logged and maintained in the database to allow auditing. Images that are retrieved from the Flock platform would be retained by the City pursuant to Police Department policy.

Immigration enforcement is not considered a legitimate law enforcement reason. Flock does not work with federal government agencies and the Police Department would not use the system to conduct or aid immigration enforcement.

There are more than 2,500 cities using Flock ALPR and other police agencies have experienced success using ALPR systems. For example, the Vacaville Police Department reported a 35% increase in arrests related to City Council/RSA Agenda 1664 Tuesday, May 23, 2023
vehicle theft and a 33% decrease in reported vehicle thefts. In comparison, the number of thefts of motor vehicles in Union City has risen consistently over the last four years, from 226 in 2019 to 513 in 2022.

Personnel from the Police Department met with the Human Relations Commission, Senior Citizen Commission, Youth Commission, and Public Safety Work Group to provide information, answer questions, and solicit feedback on the Flock system. The platform was generally well received, and the meetings informed the revision of the Police Department’s ALPR policy, which is attached to this report.

FISCAL IMPACT
Pursuant to the City’s purchasing rules, competitive bidding is not required when the City’s requirements can be met solely by a single patented article or process or provider (UCMC 2.32.080 (B)(1)). Flock ALPR meets this requirement, and a sole source letter is attached to this report.

The cost of the Flock ALPR system is a firm-fixed annual fee of $52,500 for 20 cameras for a 5-year contract period, plus a $4,000 installation cost in Year 1, for an annual amount not to exceed $266,500. Funding for Flock will be budgeted as follows “Supplemental Law Enforcement Fund (SLEF) account” (2110-2199- 21224-57130):
2023-2024 2024-2025 2025-2026 2026-2027 2027-2028
2110-2199-21224-57130 $56,500 $52,500 $52,500 $52,500 $52,500

RECOMMENDATION
Staff recommends that the City Council provide an opportunity for public comment regarding the proposed automated license plate reader (ALPR) system and adopt a resolution authorizing the City Manager to enter into a single source subscription agreement with Flock Group, Inc. (Flock), in a total amount not to exceed $266,500 over five years, for ALPRs.

Prepared by:

Lieutenant Mike Mahaney
Submitted by:

Captain Travis Souza
ATTACHMENTS:

Description Type
Resolution Resolution
UCPDALPRPolicy Attachment
Flock Sole Source Letter Attachment
Flock Contract Attachment
Power Point Attachment
City Council/RSA Agenda 1665 Tuesday, May 23, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING

THE CITY MANAGER TO ENTER INTO A SINGLE SOURCE SUBSCRIPTION AGREEMENT WITH FLOCK GROUP INC., IN A TOTAL AMOUNT NOT TO EXCEED $266,500 OVER FIVE YEARS, FOR AN AUTOMATED LICENSE PLATE READER (ALPR) SYSTEM
WHEREAS, the Police Department continually evaluates novel strategies, equipment, and technologies to deter crime, efficiently deploy police resources, effectively investigate cases, and quickly clear investigations; and
WHEREAS, the Police Department tested and evaluated the Flock ALPR system in furtherance of these goals; and
WHEREAS, the testing and evaluation of the system showed that the use of Flock ALPR cameras would likely enable the Police Department to achieve more while preserving staff resources and staff time; and
WHEREAS, many other police agencies have achieved favorable reductions in crime rates by using Flock ALPR; and
WHEREAS, Flock is the sole developer and manufacturer of the ALPR system that meet the needs of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute an agreement with Flock Group, Inc., in a total amount not to exceed $266,500 over five years, for an ALPR system; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the total commitment of $266,500 over five years for the procurement and installation of the ALPR system, which will be budgeted from the Supplemental Law Enforcement Fund (2110-2199-21224-57130).

City Council/RSA Agenda 1666 Tuesday, May 23, 2023
Resolution No. XXXX-23

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 23rd day of May 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 1667 Tuesday, May 23, 2023
Automated License Plate Readers (ALPRs) -
430
Copyright Lexipol, LLC 2023/01/11, All Rights Reserved.

Published with permission by Union City Police
Department
Policy
463
Union City Police Department
Union City PD Policy Manual
Automated License Plate Readers (ALPRs)
463.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the access, use, sharing and dissemination of digital data obtained through the Automated License Plate Reader (ALPR) System. 463.2 POLICY
The policy of the Union City Police Department is to access the ALPR System to view digital license plate data and images while recognizing the established privacy rights of all members of the public.
. No data or images in the ALPR system shall be accessed or used by any member of this department, except in strict adherence to this policy. Because the ALPR System contains confidential information, it is not open to public access. 463.3 ADMINISTRATION
The ALPR System is a searchable, computerized database resulting from the operation of one or more mobile or fixed cameras, combined with the computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data. The following are examples of authorized use of the system: identifying stolen or wanted vehicles, stolen license plates, missing persons investigations, gathering information related to active warrants, homeland security investigations, electronic surveillance in the investigation of known or suspected criminal activity, suspect interdiction and stolen property recovery.

All ALPR System access shall be managed by the Support Services Division Commander. The Support Services Division Commander will assign members under his/her command to administer the day-to-day operation of the ALPR System.
463.3.1 ALPR ADMINISTRATOR
The Support Services Division Captain shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information.
(b) Training requirements for authorized users.

City Council/RSA Agenda 1668 Tuesday, May 23, 2023
Automated License Plate Readers (ALPRs) -
431
Copyright Lexipol, LLC 2023/01/11, All Rights Reserved.

Published with permission by Union City Police
Department
Union City Police Department
Union City PD Policy Manual
Automated License Plate Readers (ALPRs)
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures to maintain records of access of the ALPR System by authorized users. (e) The Investigations Lieutenant will have direct oversight of all ALPR System operations, including:.

1. Working with the Custodian of Records on the retention and destruction of ALPR data.

2. Ensuring this policy and related procedures are conspicuously posted on the department’s website.
463.4 ALPR AUTHORIZED USERS AND TRAINING
(a) No member of this department shall access the ALPR System without first completing department-approved training.
(b) The following employees are authorized to be trained in the use of the ALPR system:

1. Sworn peace officers

2. Professional staff whose duties may require them to access the ALPR database. For example, Community Service Officers who may be tasked with investigative duties, Crime Analysts, etc.
(c) Training in the use of the system shall minimally consist of:

1. Privacy and civil liberties protections;

2. Legal authorities, developments, and issues involving the use of ALPR Data and technology;

3. Current UCPD Policy regarding appropriate use of the ALPR Systems;

4. Technical, physical, administrative and procedural measures to protect the security of ALPR Data against unauthorized access or use; and

5. Practical exercises in the use of the ALPR system.
463.5 OPERATIONS
Use of an ALPR System is restricted to the purposes outlined below. Department members shall not use or access or allow others to use or access database records for any unauthorized purpose (Civil Code § 1798.90.53).
(a) The ALPR System shall only be accessed for official law enforcement business. (b) The ALPR System may be accessed in conjunction with any routine patrol operation or criminal investigation, and reasonable suspicion or probable cause is not required before using an ALPR System. However, the system may not be accessed to conduct random surveillance activities; to target a person based solely on individual characteristics, such as race, ethnicity, national origin, religion, disability, gender or sexual orientation; to conduct personal business of any type; or to harass, intimidate City Council/RSA Agenda 1669 Tuesday, May 23, 2023
Automated License Plate Readers (ALPRs) -
432
Copyright Lexipol, LLC 2023/01/11, All Rights Reserved.

Published with permission by Union City Police
Department
Union City Police Department
Union City PD Policy Manual
Automated License Plate Readers (ALPRs)
or discriminate against any individual or group. No member of this department shall access ALPR data without first completing department-approved training. (c) No member using the ALPR System may access department, state or federal data unless otherwise authorized to do so.
(d) If practicable, officers should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action based solely on an ALPR alert.
(e) All authorized users are directed to ensure the accuracy of ALPR information and to contact the Support Services Division Commander in order to correct data errors when identified.
463.6 DATA COLLECTION AND RETENTION
All data accessed by the Union City Police Department from the ALPR System shall not be maintained or stored unless it is official information that has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In such circumstances, the applicable data should be downloaded from the server onto portable media and booked into evidence as soon as practicable. All other ALPR data downloaded to a City server should be stored for a minimum of one year (Government Code § 34090.6) or as otherwise established pursuant to the City’s records retention schedule, 463.7 ACCOUNTABILITY
All data will be closely safeguarded and protected through procedural and technological means.

The Union City Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.53):
(a) All ALPR System data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access the ALPR System under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(c) Audits of ALPR system access should be conducted on a regular basis to ensure strict adherence to this policy and all applicable laws.

For security or data breaches, see the Records Release and Maintenance Policy.

City Council/RSA Agenda 1670 Tuesday, May 23, 2023
Automated License Plate Readers (ALPRs) -
433
Copyright Lexipol, LLC 2023/01/11, All Rights Reserved.

Published with permission by Union City Police
Department
Union City Police Department
Union City PD Policy Manual
Automated License Plate Readers (ALPRs)
463.8 RELEASING ALPR DATA
No member of this department shall share or release any information from the ALPR database except for official reasons and as authorized by this policy and per UCPD Policy 428. 463.9 TRAINING
The Training Manager should ensure that those members authorized to use or access the ALPR system receive the department-approved training described above (Civil Code § 1798.90.53). 463.10 REVISIONS
Adopted: April 3, 2019
City Council/RSA Agenda 1671 Tuesday, May 23, 2023
Sole Source Letter for Flock Safety™ ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.

The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:

1. Vehicle Fingerprint Technology™:
○ Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) ○ Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate ○ Ability to ‘Save Search’ based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
○ Only LPR provider with “Visual Search” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
○ Falcon Flex™: an infrastructure-free, location-flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge

2. Integrated Cloud-Software & Hardware Platform:
○ Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
○ Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
○ Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
○ Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
○ Utilizes motion capture to start and stop recording without the need for a reflective plate
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
City Council/RSA Agenda 1672 Tuesday, May 23, 2023
○ Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
○ On device machine processing to limit LTE bandwidth consumption ○ Cloud storage of footage
○ Covert industrial design for minimizing visual pollution

3. Transparency & Ethical Product Design:
○ One-of-a-kind “Transparency Portal” public-facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system
○ Built-in integration with NCMEC to receive AMBER Alerts to find missing children ○ Privacy controls to enable certain vehicles to “opt-out” of being captured

4. Integrated Audio & Gunshot Detection:
○ Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)

5. Live Video Integration:
○ Ability to apply computer vision to third-party cameras using Wing™ LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety Falcon™ ALPR cameras ○ Wing™ Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents ○ Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety’s Wing™ Suite ○ Access Wing™ Replay to unlock enhanced situational awareness with 7-day footage retention, Hot List Live Video Instant Replay, and downloadable MP4

6. Partnerships:
○ Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
○ Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon’s Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety’s Falcon cameras
○ Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
City Council/RSA Agenda 1673 Tuesday, May 23, 2023

7. Warranty & Service:
○ Lifetime maintenance and support included in subscription price ○ Flock Safety is the only fully integrated ALPR one-stop solution from production of the camera to delivery and installation
○ Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
City Council/RSA Agenda 1674 Tuesday, May 23, 2023
Flock Safety + Union City PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Kyle Egkan
[email protected]
7144690389
City Council/RSA Agenda 1675 Tuesday, May 23, 2023

EXHIBIT A

ORDER FORM
Customer: Union City PD Initial Term: 60 Months
Legal Entity Name: Union City PD Renewal Term: 24 Months Address: 34009 Alvarado Niles Rd Union City, California 94587
Payment Terms: Net 30
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $52,500.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 20 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $2,500.00 1 $2,500.00
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 2 $1,300.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 18 $2,700.00
Subtotal Year 1: $56,500.00
Annual Recurring Subtotal: $52,500.00
Discounts: $50,000.00
Estimated Tax: $0.00
Contract Total: $266,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

City Council/RSA Agenda 1676 Tuesday, May 23, 2023
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $56,500.00
Annual Recurring after Year 1 $52,500.00
Contract Total $266,500.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $50,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
City Council/RSA Agenda 1677 Tuesday, May 23, 2023
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

City Council/RSA Agenda 1678 Tuesday, May 23, 2023
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: Union City PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

City Council/RSA Agenda 1679 Tuesday, May 23, 2023
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 17 day of May 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

City Council/RSA Agenda 1680 Tuesday, May 23, 2023

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

City Council/RSA Agenda 1681 Tuesday, May 23, 2023

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

City Council/RSA Agenda 1682 Tuesday, May 23, 2023

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies;the competitive strength of, or market for, Flock’s products or services;such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not City Council/RSA Agenda 1683 Tuesday, May 23, 2023
diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer,to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock City Council/RSA Agenda 1684 Tuesday, May 23, 2023
is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform City Council/RSA Agenda 1685 Tuesday, May 23, 2023
all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving City Council/RSA Agenda 1686 Tuesday, May 23, 2023
Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other City Council/RSA Agenda 1687 Tuesday, May 23, 2023
than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing City Council/RSA Agenda 1688 Tuesday, May 23, 2023
authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. City Council/RSA Agenda 1689 Tuesday, May 23, 2023

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A City Council/RSA Agenda 1690 Tuesday, May 23, 2023
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF City Council/RSA Agenda 1691 Tuesday, May 23, 2023

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at City Council/RSA Agenda 1692 Tuesday, May 23, 2023
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
City Council/RSA Agenda 1693 Tuesday, May 23, 2023

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

City Council/RSA Agenda 1694 Tuesday, May 23, 2023

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

City Council/RSA Agenda 1695 Tuesday, May 23, 2023

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

City Council/RSA Agenda 1696 Tuesday, May 23, 2023
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

City Council/RSA Agenda 1697 Tuesday, May 23, 2023

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

City Council/RSA Agenda 1698 Tuesday, May 23, 2023
Agenda Item 7.b.

Automated License
Plate Reader
System
City Council/RSA Agenda 1699 Tuesday, May 23, 2023
2 •What is an automated license plate reader
(ALPR) system?
•What benefits can we reap from ALPRs?
•How will we protect privacy?
•Why should we procure ALPRs?
Overview
City Council/RSA Agenda 1700 Tuesday, May 23, 2023
3 What is an ALPR system?
Objective, real-time investigative
leads
• Vehicle Fingerprint
• Descriptors and features
• Indiscriminate evidence from fixed
locations
City Council/RSA Agenda 1701 Tuesday, May 23, 2023
4 What is this tech?
• License Plate Recognition
• Gathers facts and evidence about
vehicles
• Alerts police to wanted vehicles
• Used to solve crimes
What isn’t this tech?
• Not facial recognition
• Not tied to personal identities
• Not used for traffic enforcement
• Data is not stored beyond 30 days
in Flock database
What is an ALPR system?
City Council/RSA Agenda 1702 Tuesday, May 23, 2023
5 Benefits of ALPRs
Deterrence Crime Reduction Efficient
Investigations
Efficient Patrols
City Council/RSA Agenda 1703 Tuesday, May 23, 2023
6 Privacy Protection
• All data is stored using AES-256
encryption of all data
• Search reason is required for
audit trail
• NOT facial recognition software
• NO PII is contained in Flock
• NOT used for traffic enforcement
• NOT for immigration enforcement
• Oriented to rear of vehicles
Still photos of vehicles from fixed location, not surveillance video City Council/RSA Agenda 1704 Tuesday, May 23, 2023
7 ● Oakley
● Mountain
House
● Woodland
● Roseville
● Elk Grove
● Grass Valley
● Salinas
● San Bruno
● Orinda
● Atherton
● Morgan Hill
● Los Gatos
Milpitas
● Santa Clara
● Foster City
● Hillsborough
● Colma
● Millbrae
● San Mateo
● Hayward
● Newark
● Novato
● Fairfield
● Dixon
● Vallejo
● Vacaville
● Rio Vista
● Benicia
● Piedmont
● Livermore
● San Ramon
● Danville
● Hercules
Widely Adopted in the Bay Area
***Union City is the only Southern Alameda County City without ALPR City Council/RSA Agenda 1705 Tuesday, May 23, 2023
8 Benicia PD
• Trailer reported stolen at 3:00 pm
• PD commenced search via Flock
• At 3:30 pm responding officers located
vehicle
• Suspect arrested and trailer returned
Case Study: Stolen Trailer Recovery
Schena, S. (2022, July 12). Automated license plate reader leads to stolen trailer in Benicia. Patch.
https://patch.com/california/benicia/automated-licenseplate-reader-leads-stolen-trailer-benicia City Council/RSA Agenda 1706 Tuesday, May 23, 2023
9 Vacaville PD
Case Study: Long Term Results
33%
Decrease in
Reported Vehicle
Thefts
35%
Increase in Arrests
related to Vehicle
Thefts
2x
Requested increase
in # of cameras
“Word has gotten out about
these ALPR programs, and
folks that are in the business of
stealing cars will typically do a
little bit of research and find
out that a city that has an
ALPR program they then want
to avoid”
-Chief Ian Schmutzler
Sestanovich, N. (2022, May 25). Fire apprenticeship,
expanded license plate reader program among budget
requests. The Reporter.
*UC stolen vehicles – 2016: 226 → 2022: 513
City Council/RSA Agenda 1707 Tuesday, May 23, 2023
10 Case Study: Amber Alert
When every second matters…
Amber Alert Issued
Search Conducted
with Flock Safety
Suspect Vehicle
Located
Felony Stop + Arrest
Baby Reunited with
Mother
12:33 PM
1:01 PM
2:30 PM
5:03 PM
6:00 PM
Chamblee (GA) PD
City Council/RSA Agenda 1708 Tuesday, May 23, 2023
11 Questions?
City Council/RSA Agenda 1709 Tuesday, May 23, 2023
Agenda Item
DATE: 5/23/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: INFORMATIONAL REPORT ON NATIONAL LEAGUE OF CITIES

ENDORSED PROGRAMS (CVS/CAREMARK PRESCRIPTION DRUG

DISCOUNT CARD AND SERVICE LINE WARRANTY) AND SEEKING

POLICY DIRECTION ON NEXT STEPS
Staff recommends that the City Council receive this informational report on two National League of Cities (NLC) endorsed programs: (1) the CVS/Caremark Prescription Drug Discount Card Program; and (2) the Service Line Warranty Program. Based on City Council feedback, staff is seeking policy direction on next steps and whether or not to proceed.

STRATEGIC PLAN ALIGNMENT
This item is not identified in the City Council Strategic Plan, nor is it directly correlated to a specific priority area.

BACKGROUND
On May 9, 2023, the Legislation & Policy Committee (hereinafter referred to as “Committee”) held a meeting to discuss several policy items for consideration. A report was provided to the Committee regarding two programs sponsored by the NLC: one was the CVS/Caremark Prescription Drug Discount Card Program and the other was the Service Line Warranty Program.

The primary reason these items were brought to the Legislation & Policy Committee was that participation in either program would require the City to grant permission and/or a non-exclusive license for the use of the City logo for a private or commercial purpose. As stated under the Union City Municipal Code, Chapter 1.08, Section 1.08.050, Use of City sealand/or City logo:

The City seal and City logo are the property of the City of Union City. The City seal and City logo are established to identify of icial documents and of icial City personnel, facilities, property, events, and City Council/RSA Agenda 1710 Tuesday, May 23, 2023
other publications. It is unlawful for any person to knowingly and publicly display the City seal or City logo, or any colorable imitation that may be mistaken for the same, that has been af ixed digitally or physically to any item or document, including a website, for a private purpose or commercial purpose, or in any manner that may reasonably be calculated to convey the impression that the item or document is endorsed, authorized or approved by the City, unless the display is authorized by the City Council or City Manager. (Ord. 793-14 § 4, 2014)
After review and discussion, the Committee recommended that the City not move forward with implementation of either programs – namely due to concerns that the use of the City logo would imply endorsement of a singular private or commercial entity. Another deterring factor was the potential confusion of these being Cityorganized programs that may necessitate the need for staff time and resources to support implementation. The availability of other similar programs was also cited as another reason the City’s participation in these two NLC endorsed programs wouldn’t be necessary.

DISCUSSION
The memorandums provided to the Legislation & Policy Committee detailing the two NLC endorsed programs and key considerations for each are attached to this report (Attachment 1 and 2). Below is a summary and the next steps required should City Council provide policy direction for the City to proceed:

CVS/Caremark Prescription Drug Discount Card Program
The CVS/Caremark Prescription Drug Discount Card Program is a no-cost program that will help residents save money on the cost of prescription medications not covered by insurance and paid entirely out-of-pocket.

There is no cost to enroll, no fees, no enrollment form to fill out, no limit on the frequency of use, no age or income limitation, and no contract to sign.

Should the City wish to participate in the CVS Caremark Prescription Drug Discount Card Program, the City Council would need to:

Authorize the City to enroll in the program;
Authorize the use of the City’s logo for marketing purposes that would be used on the prescription discount card; and
Direct City staff to develop a communication plan to support outreach efforts.

Attachment 1 provides an overview of the program, participation rate of cities in the Bay Area, as well as a sample discount card.

Service Line Warranty Program
The Service Line Warranty Program, offered by a private insurance company known as Utility Service Partners, Inc (USP)., a HomeServe Company, was conceived to educate property owners about their service line (water and sewer line) responsibilities and to help residents avoid out-of-pocket expenses for unanticipated and potentially costly service line repairs and replacements. It provides homeowners with protection against significant and unexpected costs to remedy leaking/broken/clogged water lines, sewer lines, and in-home plumbing lines.

Should the City wish to participate in the Service Line Warranty Program, the City Council would need to:

Authorize the City Manager to enter into a Marketing Agreement with Utility Service Partners.

Authorize the use of the City’s logo for one to three years; and City Council/RSA Agenda 1711 Tuesday, May 23, 2023
Determine whether the City should participate in a modest Brand Fee or revenue-sharing component based on the agreement term ($11,400 per year for a total up to $34,200 for three years).

Attachment 2 provides an overview of the Program, key considerations, a sample marketing agreement, and sample marketing campaign materials.

FISCAL IMPACT
For both programs, the fiscal impact to the City would be for indirect staff costs associated with setup, implementation, and management of the programs. This would include review and preparation of marketing/communication materials, conducting public outreach, responding to public inquires or questions, etc.

As for the Service Line Warranty Program, the potential revenue sharing aspect can be used at the City’s discretion. However, City staff would recommend forgoing the revenue share as the nominal amount may not justify the administrative costs of managing the funds and the receipt of brand fee could further imply endorsement.

RECOMMENDATION
Staff recommends that the City Council receive this informational report on two National League of Cities (NLC) endorsed programs: (1) the CVS/Caremark Prescription Drug Discount Card Program; and (2) the Service Line Warranty Program. Based on City Council feedback, staff is seeking policy direction on next steps and how to proceed.

Prepared by:

Serenity S. Mlay, Management Analyst I
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1. CVS-Caremark Prescription Drug Discount Program Attachment Attachment 2. Service Line Warranty Program Attachment
Power Point Attachment
City Council/RSA Agenda 1712 Tuesday, May 23, 2023
1 DATE: May 9, 2023
TO: Legislation & Policy Committee – Mayor Carol Dutra-Vernaci & Vice Mayor Gary Singh VIA: Joan Malloy, City Manager
FROM: Serenity Mlay, Management Analyst
SUBJECT: National League of Cities Endorsed Program – CVS Caremark Prescription Drug Discount Card

SUMMARY
The National League of Cities (NLC) has partnered with CVS/Caremark to offer a no-cost prescription discount card program to all member cities. The program will help uninsured residents save money on the cost of prescription medications not covered by insurance. There is no cost to enroll, no fees, no enrollment form to fill out, no limit on the frequency of use, no age or income limitation.

Should the City Council wish to participate in the CVS Caremark Prescription Drug Discount Card Program, the Council would need to:
• Enroll in the program;
• Authorize the use of the City’s logo for marketing purposes that would be used on the prescription discount card; and
• Develop a communication plan.

PROGRAM OVERVIEW
Enrollment by City
The City can enroll in the program by:

1. Logging onto NLC website and filling out the appropriate information, submit a PDF of the City logo, and request the quantity of prescription discount cards for CVS to print. There’s no limit to the quantity that is needed. No separate agreement with CVS is required.

2. CVS will send prescription discount cards to the City for distribution to our residents. The cards could be made available at community centers, such as the Ruggieri Senior Center, Mark Green Sports Complex, Decoto Resource Center, and City Hall, and nonprofits, such as Centro de Servicios, Union City Family Center, and Tiburcio Vasquez Health Center.

Residents have the option to print the discount card themselves as well.

Enrollment by Residents
Residents can enroll in the program by following these instructions:

City Council/RSA Agenda 1713 Tuesday, May 23, 2023
2 1. Log on to website, click on Print Your Card. From there, they will be prompted to enter the City name, Union City. The card will populate on the screen and be available for printing and immediate use.

2. The resident can use the card at any participating Caremark Pharmacies. The location of participating pharmacies is listed on the Caremark website or can be downloaded here.

3. When the resident picks up medication from the pharmacy, they’ll be asked to show their card at check out, where a discount will be applied to any prescriptions NOT covered by insurance.

Other Resources Available
The CVS Caremark Prescription Drug Discount Card Program website also provides additional services to residents:

1. Residents can look up the name of a prescriptions to determine the cost and its availability.

2. Residents can access education on prescription safety, generic drug usage, and drug interactions.

3. Residents can access to CVS Caremark Customer Care where they can read Frequently Asked Questions (FAQs) or speak to a representative to address their concerns.

DISCUSSION
This item is being brought to the Legislation & Policy Committee as it requires the City to grant permission for CVS Caremark to use of the City logo for commercial purposes. Under UCMC Chapter 1.08, Section 1.08.050, Use of City seal and/or City logo:

The City seal and City logo are the property of the City of Union City. The City seal and City logo are established to identify official documents and official City personnel, facilities, property, events, and other publications. It is unlawful for any person to knowingly and publicly display the City seal or City logo, or any colorable imitation that may be mistaken for the same, that has been affixed digitally or physically to any item or document, including a website, for a private purpose or commercial purpose, or in any manner that may reasonably be calculated to convey the impression that the item or document is endorsed, authorized or approved by the City, unless the display is authorized by the City Council or City Manager. (Ord. 793-14 § 4, 2014)
Program Promotion
To ensure resident participation in the program, a thoughtful communication plan should be developed:

1. CVS would provide the City with marketing materials to print such as bill stuffers and posters in English and Spanish. Posters will not have the City name or logo printed on them.

2. The City should create a webpage with information about the program, linking it to the CVS Caremark Prescription Drug Discount Card Program website for residents to access the card, FAQs, locations for card pick up, list of local pharmacy locations, and 1-800 number to speak with a CVS Caremark customer care representative.

City Council/RSA Agenda 1714 Tuesday, May 23, 2023
3 3. The City should appoint a staff person to manage the City’s participating in the program and answer any questions or inquiries that may be received from the public.

4. The City can also use social media, press releases, City website, or create a promotional video that explains the program and highlights its benefits.

NLC Member Participation
Below is a list of cities in the Bay Area that are participating in the CVS Caremark Prescription Drug Discount Program:

CITY NAME YEARS TOTAL Rx’s TOTAL SAVINGS TOTAL UTILIZERS Mountain View 2015-2019 111 $1,185.67 71
Pleasanton 2015-2020 298 $691.45 89
San Jose 2015-2020 374 $9,055.97 215
San Leandro 2015-2020 221 $4,310.35 114
Sunnyvale 2015-2019 11 $143.97 9
Cost
There is no cost the resident to participate in the program. There is some cost to the City associated with staff time with the initial setup of the program such as enrolling the City, conducting public outreach, and distributing and maintaining marketing materials.

Program Information
For more information about the program and City enrollment, log on to CVS Caremark - National League of Cities (nlc.org).

CONCLUSION
There is no cost to the program except for the staff time to manage the information plan and respond to inquiries from the public. Residents would save 55 percent on generic medication and 25 percent on name-brand medication. It can only be used for medications that are paid out-of-pocket; no insurance can be used with the CVS Caremark Prescription Drug Discount Program.

NEXT STEPS
City staff is seeking a recommendation from the Legislation & Policy Committee on whether this item should be brought to the City Council for consideration. If approved by the City Council, the next step would be to prepare a communication plan for outreach to the community, create a webpage with information about the City Council/RSA Agenda 1715 Tuesday, May 23, 2023
4 CVS Caremark Prescription Drug Discount Card Program, and enroll in the program. Conducting any additional public outreach would be at the City’s discretion.

Attachments:
• Attachment 1 – CVS Caremark Prescription Drug Discount Card Fact Sheet • Attachment 2 – Sample Discount Card
City Council/RSA Agenda 1716 Tuesday, May 23, 2023
National League of Cities (NLC)
Prescription Discount Card
Fact Sheet
What the Prescription Discount Card is:

The NLC prescription discount card is designed to help residents save money on prescriptions that are not covered by insurance. The program is offered in collaboration with the National League of Cities through their member cities. The program is not insurance.

Who it is for:

The card is offered to all city residents, there are no age or income restrictions. There are no restrictions and no limits on how many times individuals can use the card. One card can be used by all family members.

Savings:

While savings may vary by drug and by pharmacy, the NLC prescription discount card program provides average savings of 20%. Residents will pay the negotiated discount price offered through the program or the pharmacy's retail price whichever is lower.

What the program costs:

The card is FREE. There is no cost to the city or to the residents to use the card. There are no enrollment fees and no membership fees. Residents just pay the prescription cost less any applicable discounts.

How residents access the program:

There is no waiting period. City residents simply present their card at a participating pharmacy.

More than 59,000 pharmacies nationwide participate in the program, including the major chains as well as many independent pharmacies.

Additional features:

A dedicated toll-free number is provided for resident's to access CVS Caremark's award winning customer care and a program Web site is available for residents to access program tools and information.

About CVS Caremark
The NLC prescription discount card is administered by CVS Caremark the largest provider of prescriptions and related health care services in the nation. CVS Caremark has administered prescription discount programs since 1992.

This is not insurance. Savings are only available at participating pharmacies. · Savings may vary by drug and by pharmacy. By using this card, residents agree to pay the entire prescription cost less any applicable discount.

City Council/RSA Agenda 1717 Tuesday, May 23, 2023
To print the webcard, please use the button above.

Print Webcard »

CITY OF SAN

LEANDRO
WELCOME!
Welcome to the City of San Leandro Prescription Discount Card Program! Clip out your FREE prescription discount card below and start saving on your prescriptions TODAY!

EASY ACCESS
This prescription discount card is brought to you by your local city government in collaboration with the National League of Cities. By using this card you have access to nine out of 10 participating pharmacies across the country, including many in your city, to save an average of 23% off the regular retail price of prescription drugs.

NO RESTRICTIONS
You and your family may use your discount card anytime your prescription is not covered by insurance. There are no restrictions and no limits on how many times you may use your card.

EXTRA SAVINGS
As part of this program you will also be eligible for higher discounts on select medications. To get program information, locate a pharmacy, look up a drug price, or access health resources visit www.caremark.com/nlc or call toll-free 1-888-620-1749.

This is NOT insurance. Discounts are only available at participating pharmacies. By using this card, you agree to pay the entire prescription cost less any applicable discount. Savings may vary by drug and by pharmacy..

Savings are based on actual 2016 drug purchases for all drug discount card programs administered by CVS Caremark located in Woonsocket, RI. The program administrator may obtain fees or rebates from manufacturers and/or pharmacies based on your prescription drug purchases. These fees or rebates may be retained by the program administrator or shared with you and/or your pharmacy. Prescription claims through this program will not be eligible for reimbursement through Medicaid, Medicare or any other government program. This program does not guarantee the quality of the services or products offered by individual providers. We do not sell your RxBIN: 004336
RxPCN: ADV
ID: W1B00000901
RxGRP: RXNLCSALCA
Issuer: (80840)

CITY OF SAN

LEANDRO
This is NOT insurance.

Members:.Call toll-free 1-888-620-1749. or visit us
online at www.caremark.com/nlc. This card is
accepted by nine out of 10 pharmacies nationwide.
n.Miembros:.Llame sin cargos al 1-888-620-1749. o
visite www.caremark.com/nlc. Esta tarjeta se
acepta en nueve de cada diez farmacia
participantes en la nación.

Pharmacist:. The RxPCN, RxGRP, full ID, and an
01 person code must be submitted online to
process claims for this program. For information,
call toll-free 1-800-364-6331.

City Council/RSA Agenda 1718 Tuesday, May 23, 2023
personal information. Call the member toll-free number on the back of your ID card to file a complaint related to this program. Note to Texas Consumers: You may contact the Texas Department of Insurance if you remain dissatisfied after completing this program's complaint process.

City Council/RSA Agenda 1719 Tuesday, May 23, 2023
1 DATE: May 9, 2023
TO: Legislation & Policy Committee – Mayor Carol Dutra-Vernaci & Vice Mayor Gary Singh VIA: Joan Malloy, City Manager
FROM: Jennifer Phan, Deputy City Manager
SUBJECT: National League of Cities Endorsed Program – Service Line Warranty

SUMMARY
The Service Line Warranty Program, offered by a private insurance company known as Utility Service Partners, Inc (USP)., a HomeServe Company, was conceived in partnership with the National League of Cities (NLC) to educate property owners about their service line (water and sewer line) responsibilities and to help residents avoid out‐of-pocket expenses for unanticipated and potentially costly service line repairs and replacements.

It provides homeowners with protection against significant and unexpected costs to remedy leaking/broken/clogged water lines, sewer lines, and in-home plumbing lines.

To participate in the Service Line Warranty Program, the City Council would need to:
• Authorize the City Manager to enter into a Marketing Agreement with Utility Service Partners; • Authorize the use of the City’s logo for one to three years; and • Determine whether the City should participate in a modest Brand Fee or revenue-sharing component based on the agreement term.

Councilmember Jaime Patiño has requested the City review and consider participation in this program. The City’s participation in the Service Line Warranty Program would make the program available to Union City residents. Otherwise, residents do not have the option to participate if the City has not officially provided its authorization and explicit endorsement.

PROGRAM OVERVIEW
The Service Line Warranty Program offers three complete and separate voluntary programs. • Exterior Water Service Line: Includes service to locate, excavate and repair/replace a leaking exterior water service line. Covered repairs include, but are not limited to leaks, breaks, corrosion, blockages, root intrusion, and other types of damage (such as from freezing) that impair or limit the intended function of the system. Includes thawing of frozen water lines. Includes restoration of ground surface features after excavation for service line repair, including filling, raking, reseeding, reinstallation of existing soft landscaping and shrubbery, and patching of paved surfaces. • Exterior Sewer Service Line: Includes services to locate, excavate and repair/replace a leaking exterior sewer service line. Covered repairs include, but are not limited to leaks, breaks, corrosion, blockages City Council/RSA Agenda 1720 Tuesday, May 23, 2023
2 (due to fats, oils and grease), root intrusion, and other types of damage (such as from freezing) that impair or limit the intended function of the system. Includes restoration of ground surface features after excavation for service line repair, including filling, raking, reseeding, reinstallation of existing soft landscaping and shrubbery, and patching of paved surfaces. • Internal Plumbing and Drainage: Includes the emergency breakdown costs of repairing or replacing interior water, sewer, and drainage pipe materials, valves and other plumbing-related material, including unblocking, repair and replacement. Includes the repair of clogged toilets.

Property owners who choose to purchase an insurance policy and pay a monthly fee based on the product(s) selected, and the maximum coverage amount is set and prescribed as follows:

Product Monthly Annual Coverage Limit Annual Service Calls/Per Call Coverage External Water Line $6.75 Unlimited Unlimited Calls/$8,500 Per Call External Sewer Line $9.75 Unlimited Unlimited Calls/$8,500 Per Call In-Home Plumbing $9.99 Unlimited Unlimited Calls/$3,000 Per Call There is no service fee/deductible or annual/lifetime limit. Participants can cancel the warranties at any time.

In addition, a participant possessing homeowner’s insurance does not affect their ability to participate in the Service Line Warranty Program.

Interested City residents can choose to enroll either via mail, phone, or web. USP handles all customer billing and customers can choose annual, quarterly, or monthly billing and may pay by check, direct debit/ACH, or credit card. Once the enrollment application is received by USP, customers receive a welcome letter which includes their service agreement terms and conditions, their payment details, a reiteration of their policy coverage, and the toll‐free customer service number. Customers also receive a welcome call from customer service as an additional, personalized confirmation of the program.

DISCUSSION
If approved, USP will handle all marketing, billing, and customer support associated with the Service Line Warranty Program.

This item is being brought to the Legislation & Policy Committee as it requires the City to grant a non-exclusive license for the use of the City logo. Under UCMC Chapter 1.08, Section 1.08.050, Use of City seal and/or City logo:

The City seal and City logo are the property of the City of Union City. The City seal and City logo are established to identify official documents and official City personnel, facilities, property, events and other publications. It is unlawful for any person to knowingly and publicly display the City seal or City logo, or any colorable imitation that may be mistaken for the same, that has been affixed digitally or physically to any item or document, including a website, for a private purpose or commercial purpose, City Council/RSA Agenda 1721 Tuesday, May 23, 2023
3 or in any manner that may reasonably be calculated to convey the impression that the item or document is endorsed, authorized or approved by the City, unless the display is authorized by the City Council or City Manager. (Ord. 793-14 § 4, 2014)
Other key considerations include the staff time and resources that may be required to support the program through implementation, as well as the potential revenue sharing aspect of the City partaking in said program.

KEY CONSIDERATIONS
Implementation
USP will require the use of the City logo to brand the materials used to educate City residents about the program and available service plans. The Marketing Agreement with USP (Attachment 2) calls for three campaigns, consisting of two direct mailers each time, on an annual basis. This would be a total of six mailed letters in a year (Attachment 3).

Although the City’s logo would be used, program marketing literature should clearly disclose that the program and the City are separate entities and that the program is voluntary for residents. Some limited City staff time will be required to provide review of marketing/communication materials prepared by USP, before its release.

In addition, City staff would recommend preparing some minimal collateral such as a City webpage and Frequently Asked Questions handout to aid in the public education campaign and prevent any confusion.

It should also be expected that City staff may be required to field any questions or inquiries should residents reach out directly to the City.

Revenue Sharing
There is no cost to the City to participate in the program, aside from indirect staff costs. The Marketing Agreement provides an option for the City to receive a revenue share, or “Brand Fee,” for the use of its logo.

The proposed agreement term is three years, with a Brand Fee of $11,400.00 per year, and for a total Brand Fee of $34,200.

While this is a potential revenue stream and the monies can be used at the City’s discretion, City staff would recommend forgoing the revenue share. The nominal amount may not justify the administrative costs of managing the funds. Should the City opt out of the revenue share, it would then reduce the monthly fee charged to a participating resident by $0.75.

Other
In discussions with USP, City staff confirmed that the term for the Marketing Agreement is flexible and may be reduced to a single year; although the three-year term would be recommended for continuity purposes and to encourage an increased participation rate.

City Council/RSA Agenda 1722 Tuesday, May 23, 2023
4 Additionally, City staff raised concerns with USP regarding the provision regarding release of property owner data. USP confirmed that this would be optional for the City to provide and instead the provision may be removed from the Marketing Agreement.

NEXT STEPS
City staff is seeking feedback from the Legislation & Policy Committee on whether this item should be brought to the City Council for consideration. City Council would then have the following options:

1. Opting out of the Service Line Warranty Program; OR

2. Opting into the Service Line Warranty Program, and providing direction on the:
a. Brand Fee; and
b. Agreement Term.

Attachments:
• Attachment 1 – Service Line Warranty Program Presentation • Attachment 2 – Sample Marketing Agreement
• Attachment 3 – Sample Marketing Campaign
City Council/RSA Agenda 1723 Tuesday, May 23, 2023
NLC Service Line Warranty Program
Presentation for the City of Union City
ATTACHMENT 1
City Council/RSA Agenda 1724 Tuesday, May 23, 2023
WHY CHOOSE UTILITY SERVICE PARTNERS?

EXPERIENCE REPUTATION PARTNERSHIP
This award underscores one of the primary reasons the National League of Cities selected USP as a partner and extended our agreement for another five years. The organization's exemplary record of customer service and transparency is what has driven the success of this partnership over the years. — Clarence Anthony, Executive Director
National League of Cities
ATTACHMENT 1
City Council/RSA Agenda 1725 Tuesday, May 23, 2023
INFRASTRUCTURE CHALLENGES – A NATIONAL

PROBLEM
EPA estimates that cities will spend heavily on infrastructure over the next 20 years.• $77 billion for repair or replacement of public water distribution systems
• $10 billion for wastewater collection system upgrades• $22 billion for new sewer construction• $45 billion to control combined sewer overflows• $7 billion to control municipal storm water 2017 ASCE report card grades for U.S. infrastructure are dismal.

D D+
drinking water infrastructure
wastewater
infrastructure
There are 850 water main breaks per day in the U.S.

ATTACHMENT 1
City Council/RSA Agenda 1726 Tuesday, May 23, 2023

AGING INFRASTRUCTURE IS PROBLEMATIC FOR CITIES & HOMEOWNERS • Lateral lines are subjected to the same elements as
public lines - ground shifting, fluctuating temperatures, tree root penetration, corrosion and more • Public infrastructure maintained & upgraded• Homeowners left behind • Failed lines waste thousands of gallons of water, increase cost, and present an environmental hazard
• Common homeowner misconception is the municipality is responsible for maintenance of the water and sewer lines on their property or repairs are covered by their homeowner’s policy • Reduces wasted time, money and resources for municipality• Reduces worry, frustration and inconvenience for homeowner ATTACHMENT 1
City Council/RSA Agenda 1727 Tuesday, May 23, 2023
NLC Service Line Repairs
Endorsed by
Water Line
Protection
Sewer Line
Protection
IPD
Protection
ATTACHMENT 1
City Council/RSA Agenda 1728 Tuesday, May 23, 2023

NLC SERVICE LINE WARRANTY PROGRAM BENEFITS
• Only Service Line Program Endorsed by the National League of Cities • No cost for the City to participate – turnkey including all customer service, billing, claims and contractor management
• Educates homeowners about their lateral line responsibilities• Free Public Awareness Campaign for the City and can provide an optional ongoing revenue stream
• Peace of Mind - with one toll-free call a reputable plumber is dispatched• All repairs performed to code by local licensed contractors• Contractors undergo rigorous vetting process to ensure quality service ATTACHMENT 1
City Council/RSA Agenda 1729 Tuesday, May 23, 2023

NLC SERVICE LINE WARRANTY PROGRAM AND WHAT IT COVERS

WATER/WELL LINE

COVERAGE

SEWER/SEPTIC LATERAL

COVERAGE
• Educating homeowners about their service line responsibilities• Up to $8,500 coverage per repair incident• No annual or lifetime limits, deductibles, service fees, forms, or paperwork • 24/7/365 availability• Repairs made only by licensed, local contractors• Exterior water line coverage is $6.75/month; exterior sewer line is $9.75/month Homeowner repair protection for leaking, clogged or broken water/well and sewer/septic lines from the point of utility connection to the home exterior Coverage includes:

ATTACHMENT 1
City Council/RSA Agenda 1730 Tuesday, May 23, 2023

NLC SERVICE LINE WARRANTY PROGRAM AND WHAT IT COVERS
Homeowner repair protection for in-home water supply lines and in-home sewer lines and all drain lines connected to the main sewer stack that are broken or leaking inside the home after the point of entry Coverage includes:
• Up to $3,000 coverage per repair incident. • Repair of clogged toilets • Includes coverage for broken or leaking water, sewer, or drain lines under the slab or basement floor
• No annual or lifetime limits, deductibles, service fees, forms, or paperwork • 24/7/365 availability• Repairs made only by licensed, local contractors• IPD coverage is $9.99 per month ATTACHMENT 1
City Council/RSA Agenda 1731 Tuesday, May 23, 2023

MARKETING APPROACH
• No Public Funds are used in marketing, distribution, or administration of the program. • Only market by direct mail, no telemarketing • Would never mail without your review and approval of marketing material before each and every campaign
• Limited mailing campaigns per year• Consumer friendly marketing• Always voluntary for the homeowner • Consumers can enroll one of three ways:
• Calling into our toll-free number that is provided on the mailing;• Returning the bottom of the letter to us in the self addressed stamped envelope provided
• Visiting our consumer website www.slwofa.com at any time

ATTACHMENT
1 City Council/RSA Agenda 1732 Tuesday, May 23, 2023

SOLUTIONS FOR MUNICIPALITIES AND THEIR HOMEOWNERS
• More than 1,200 municipal and utility
partnerships
• Currently serving over 4.8 million
customers with 8 million service contracts
• 2.1 million jobs the last three years
and over $1 billion in repair savings
• Consistent customer satisfaction
rating of 98%
• 9 of every 10 customers surveyed have
recommended the program to friends, family and neighbors ATTACHMENT 1
City Council/RSA Agenda 1733 Tuesday, May 23, 2023
CURRENT CALIFORNIA PARTICIPANTS (33)
City of Antioch
City of Chula Vista
City of Claremont
City of Culver City
City of Daly City
City of Duarte
City of Fillmore
City of Gustine
City of Imperial Beach
City of Laguna Beach
City of La Habra
City of Lemon Grove
City of Los Angeles
City of Oceanside
City of Rialto
City of San Diego
City of Sant
a Paula
City of Stockton
City of Vallejo
City of West Covina
Town of Yountville
City of Yuba City
Alameda County Water DistrictCalifornia Water Service Company Contra Costa Water DistrictCrestline Village Water DistrictDiablo Water District Golden State Water Company
Great Oaks Water Company
Liberty Utilities Park Water
& Apple Valley
San Bernardino MWDSan Jose Water Company
Woodlands MWD
ATTACHMENT 1
City Council/RSA Agenda 1734 Tuesday, May 23, 2023
FOR MORE INFORMATION CONTACT:

Bill Coffey
Regional Director
Mobile: (503) 597-9171
[email protected]
Visit www.NLC.org/serviceline or www.servline.com
ATTACHMENT 1
City Council/RSA Agenda 1735 Tuesday, May 23, 2023
ATTACHMENT 2

MARKETING AGREEMENT
This MARKETING AGREEMENT (“Agreement”) is entered into by and between the City of Union City, California (“City”), and Utility Service Partners Private Label Inc., a Delaware corporation, d/b/a SLWA Insurance Services (“Company”), herein collectively referred to singularly as “Party” and collectively as the “Parties”. This Agreement shall be effective on the last signature date set forth below (“Effective Date”).

RECITALS:

WHEREAS, sewer and water line laterals between the mainlines and the connection on residential private property are owned by individual residential property owners residing in the City (“Property Owner”); and
WHEREAS, City desires to announce to Property Owners the opportunity, but not the obligation, to purchase a service plan and other similar products set forth in Exhibit A or as otherwise agreed in writing from time-to-time by the Parties (each, a “Product” and collectively, the “Products”); and
WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of the National League of Cities Service Line Warranty Program and has agreed to make the Products available to Property Owners subject to the terms and conditions contained herein; and NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with the intent to be legally bound hereby, the Parties agree as follows:

1. Purpose. City hereby grants to Company the right to market the Products to Property Owners subject to the terms and conditions herein.

2. City Obligations.

A. Grant of License. City grants to Company a non-exclusive license (“License”) to use City’s designated names, symbols, trademarks, service marks, logotypes, trade names and insignias owned by City or its affiliates (“Marks”), which may include the use of City’s logo and name in), in signature lines, and in marketing materials to be sent to Property Owners, all at Company’s sole cost and subject to City’s prior review and approval, which will not be unreasonably conditioned, delayed, denied, or withheld. City represents, warrants and covenants that as of the Effective Date, and at all times during the Term, City has, and shall have, the full right, power and authority to grant the License, and such grant does not, and will not, infringe the intellectual property rights of any third party. In the event that City extends a similar license to a City Council/RSA Agenda 1736 Tuesday, May 23, 2023
ATTACHMENT 2
competitor of Company during the Term, City shall provide thirty (30) days’ written notice prior to such grant of license and Company may immediately terminate this Agreement.

B. Property Owner Data. If City elects to do so, on or immediately after the Effective Date, City will provide Company with “zip plus 4” data for its Property Owners in a mutually agreed-upon electronic format. Thereafter, throughout the Term, City shall promptly notify Company of any updates to such data. Company may obtain any name, service address, postal address, and any other appropriate or necessary data for Property Owners in the City (“Property Owner Data”) from a third-party, for use by Company in furtherance of the advertisement, marketing, and sale of the Products and such Property Owner Data shall be the property and Confidential Information of Company. A Property Owner who has purchased a Product is a member (“Member”) and, following such purchase, all data in Company’s control or possession relating to Members is Company’s property.

3. Term. The term of this Agreement (“Initial Term”) shall be for Three Yearsfrom the Effective Date. The Agreement will automatically renew for additional one (1) year terms (each a “Renewal Term”, and collectively with the Initial Term, the “Term”) unless one of the Parties gives the other written notice at least ninety (90) days prior to end of the Initial Term or of a Renewal Term that the Party does not intend to renew this Agreement. In the event that Company is in material breach of this Agreement, City may terminate this Agreement thirty (30) days after giving written notice to Company of such breach, if said breach is not cured during said thirty (30) day period. Company will be permitted to complete any marketing initiative initiated prior to termination of this Agreement after which time, neither Party will have any further obligations to the other and this Agreement will terminate.

4. Consideration. As consideration for the License granted in Section 2.A. above, Company shall pay City a fee (“Brand Fee”) as set forth in Exhibit A. Payment of the Brand Fee for the first year of the Initial Term is subject to the approval and mailing of the first campaign for that year. Thereafter, payment of the Brand Fee is subject to City’s timely approval of all other marketing materials for the prior year of the Term and the approval and mailing of the first campaign of the then current year of the Term. Company will pay the applicable Brand Fee to City within thirty (30) days after such campaign mailings have been made and applicable City approvals secured.

5. Confidentiality. Each party will treat all non-public, confidential and trade secret information received from the other party as confidential, and such party shall not disclose or use such information in a manner contrary to the purposes of this Agreement. Notwithstanding the foregoing, City shall not be liable for any disclosure of confidential information that is required to be disclosed under any applicable public records act or under court order. City shall provide notice to Company prior to any such disclosure.

6. Ruling and/or Code Change. In the event that: (i) a change or proposed change in any laws, statutes, treaties, rules, codes, ordinances, regulations, permits, official guidelines, judgments, orders and interpretations (“Applicable Laws”), or municipal or similar codes; or (ii) an interpretation, policy, ruling, or order by any court, tribunal, arbitrator, regulatory agency, City Council/RSA Agenda 1737 Tuesday, May 23, 2023
ATTACHMENT 2
commission, including a public service commission or similar body of a municipality, or other instrumentality of the United States, or any state, county, city, or other political subdivision; negatively or potentially negatively impacts the terms of this Agreement or the obligations of the Parties set forth in this Agreement, the Parties shall negotiate in good faith to modify the terms of this Agreement accordingly. Should the Parties be unable to reach a mutual agreement to revise this Agreement, then either Party may terminate this Agreement on thirty (30) days’ written notice to the other Party.

7. Indemnification. Each Party (the “Indemnifying Party”) hereby agrees to protect, indemnify, and hold the other Party, its officers, employees, contractors, subcontractors, and agents (collectively or individually, “Indemnitee”) harmless from and against any and all third party claims, damages, losses, expenses, suits, actions, decrees, judgments, awards, reasonable attorneys’ fees and court costs (individually or collectively, “Claim”), which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an Indemnitee, as a result of or arising out of any breach of this Agreement by the Indemnifying Party, or any negligent or fraudulent act or omission of the Indemnifying Party or its officers, employees, contractors, subcontractors, or agents in the performance of this Agreement; provided that the applicable Indemnitee notifies the Indemnifying Party of any such Claim within a time that does not prejudice the ability of the Indemnifying Party to defend against such Claim. Any Indemnitee hereunder may participate in its, his, or her own defense, but will be responsible for all costs incurred, including reasonable attorneys’ fees, in connection with such participation in such defense.

8. Notice. Any notice required to be given hereunder shall be deemed to have been given when notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by electronic mail (provided confirmation of receipt is provided by the receiving Party), or (iii) deposited as registered or certified mail, return receipt requested, with the United States Postal Service, addressed as follows:

To: City:

ATTN: Joan Malloy
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Email: [email protected]
Phone: (510) 675-5344
To: Company:

ATTN: Chief Growth Officer
Utility Service Partners Private Label Inc.,
d/b/a SLWA Insurance Services
601 Merritt 7, 6th Floor
Norwalk, CT 06851
Phone: (866) 974-4801
City Council/RSA Agenda 1738 Tuesday, May 23, 2023
ATTACHMENT 2

9. Modifications or Amendments/Entire Agreement. Except for the list of available Products under the Agreement, which may be amended from time to time by the Parties in writing and without signature, any and all of the representations and obligations of the Parties are contained herein, and no modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing signed by that Party.

10. Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party unless such assignment or delegation is to an affiliate or to an acquirer of all or substantially all of the assets of the transferor.

11. Counterparts/Electronic Delivery; No Third Party Beneficiary. This Agreement may be executed in counterparts, all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by email and upon receipt will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in this Agreement is intended, or should be construed, to confer upon or give any person or entity not a party to this agreement any third- party beneficiary rights, interests, or remedies under or by reason of any term, provision, condition, undertaking, warranty, representation, or agreement contained in this Agreement.

12. Choice of Law/Attorney Fees. The Parties shall maintain compliance with all Applicable Laws with respect to its obligations under this Agreement. The governing law shall be the laws of the State of California, without regard to the choice of law principles of the forum state. THE

PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY

WAIVE ANY RIGHT THAT MAY EXIST TO HAVE A TRIAL BY JURY IN RESPECT OF

ANY LITIGATION BASED UPON OR ARISING OUT OF, UNDER, OR IN ANY WAY CONNECTED WITH, THIS AGREEMENT.

13. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto are incorporated by this reference and expressly made part of this Agreement. [Signature Page Follows]
City Council/RSA Agenda 1739 Tuesday, May 23, 2023
ATTACHMENT 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first written below.

CITY OF UNION CITY
______________________________
Name:

Title:

Date:

UTILITY SERVICE PARTNERS PRIVATE LABEL INC.,

D/B/A SLWA INSURANCE SERVICES
______________________________
Name: Michael Backus
Title: Chief Growth Officer
Date:

City Council/RSA Agenda 1740 Tuesday, May 23, 2023
ATTACHMENT 2
Exhibit A
NLC Service Line Warranty Program
City of Union City
I. Initial Term. Three Years.

II. Brand Fee. During the Initial Term, Company will pay City $ 34,200.00 spread across the first three years of the Initial Term, as follows:

A. Year 1 - $ 11,400.00
B. Year 2 - $ 11,400.00
C. Year 3 - $ 11,400.00
I. The Brand Fee shall be $11,400.00 for each Renewal Term III. Products.

A. External water service line plan (initially, $6.75 per month) B. External sewer/septic line plan (initially, $9.75 per month) C. Interior plumbing and drainage plan (initially, $9.99 per month) Pricing does not include taxes. Company may adjust the foregoing Product fees; provided, that any such monthly fee adjustment shall not exceed $0.50 in any 12-month period. If such adjustment shall exceed $0.50, both Parties must agree in writing.

IV. Scope of Coverage.

A. External water service line plan:
i. Covers Property Owner responsibility: From the meter to the external wall of the home.
ii. Covers thawing of frozen external water lines.
iii. Covers well service lines if applicable.

B. External sewer/septic line plan:
i. Covers Property Owner responsibility: From the external wall of the home to the sewer main.
ii. Covers septic lines if applicable.

C. Interior plumbing and drainage plan:
i. Covers water supply pipes and drainage pipes within the interior of the home.

V. Marketing Campaigns. Company shall have the right to conduct up to three campaigns per year (each campaign consists of two mailings) and such other channels as may be mutually agreed. Initially, Company anticipates offering the interior plumbing and drainage plan Product via in-bound phone or web only.

City Council/RSA Agenda 1741 Tuesday, May 23, 2023
ATTACHMENT 3
City Council/RSA Agenda 1742 Tuesday, May 23, 2023
Partner b&w logo
XXX
FPO

PRSRT STD
U.S. POSTAGE
PAID

MAILED FROM
ZIP CODE 33310
PERMIT NO. 750
Dear <<City of City>> Homeowner;
The <<City of City>> has partnered with Service Line Warranties of America (SLWA), a provider of home emergency repair solutions to homeowners nationwide, to offer <<Product Name>> to <<City>> homeowners.

Many homeowners are not aware that they are responsible for certain repairs; for example, many Americans don’t know that they are responsible to pay for repairs to water service and sewer/septic lines on their private property. Many homeowners are not prepared to handle the high costs of unexpected water service or sewer/septic line breakdowns.

Optional plans from SLWA can help protect you from the potentially expensive repair costs of water and sewer/septic lines inside and outside your home.

The enclosed information is provided to help you decide whether a plan from SLWA is right for you.

Please visit www.slwofa.com for frequently asked questions and links to additional information. You can also call SLWA toll-free at <<Phone>> for more information, to sign up for coverage, or to opt out of any future SLWA mailings.
<<The City of City>>
Code
<<City of City>>
<<State>>

CITY LOGO
RX4262_Choice_Blue_Pack

CITY LOGO
XXX
FPO
RX
Information for <<City Name>> Homeowners
Please reply by:
<<Month X, XXXX>>
Mailcode
<<Disclosure>>
<<MR. SAMPLE A SAMPLE_XX>>
<<MAIL_ADDRESS1_XXXXXXX>>
<<MAIL_ADDRESS2_XXXXXXX>>
<<MAIL_CITY_XX, ST ZIP>>
Dear <<Mr. Sample>>,
Many homeowners are not aware that repairs to the exterior water service or sewer/septic lines that run between your home and the public utility connection are the responsibility of the homeowner.

Water service and sewer/septic lines are subjected to changing soil conditions, ground shifting and corrosion—which may cause a breakdown without warning, leaving you responsible for the cost of repair or replacement. Replacement of these lines can be expensive—costing you thousands of dollars in unforeseen expenses. <<The City of City>> has partnered with Service Line Warranties of America (SLWA) to help eligible homeowners be prepared and have the best possible service in the case of such an emergency. So you're invited to enroll in <<Product_ Name_xxxxxxxxxxxxx>> and <<Product_Name_xxxxxxxxxxxxx>> from SLWA. Accept this optional coverage and you'll receive as many service calls as you need up to $X,XXX per call for covered water service or well line repairs, and as many service calls as you need up to $X,XXX per call for covered sewer/septic line repairs (30-day wait includes a moneyback guarantee for both) and no deductible. You will also have access to a 24/7, 365-day-a-year emergency repair service hotline. Once you have made your service call, SLWA will take care of your covered repair, dispatching a qualified plumber to your home and paying the bill directly. Peace of mind starting for as little as $X.XX per month. Your emergency is dealt with and your water service or sewer/septic line is back to normal.

In the event of an emergency, these plans can save you a significant amount of money and the time of finding a plumber, which can be difficult in the best of times. Having these plans also helps eliminate worry, as you can be sure of a professional job completed by local, licensed and insured plumbers. These are the only service line protection programs for homeowners fully supported by <<City Name>>.

Please take the time to read the information on the back of this letter. If you would like to sign up for a plan, simply complete and return the enclosed form or call toll-free 1-XXX-XXX-XXXX. We certainly hope that you never have an exterior water service or sewer/septic line emergency, but if you should ever have a problem, you'll be glad you're covered. These programs are managed by SLWA, and no public funds were used for the mailing of this letter.

For fastest processing, please visit www.slwofa.com.

Sincerely,
<<The City of City>>
Important Questions & Answers
Visit www.slwofa.com to protect your exterior lines
Or call toll-free 1-XXX-XXX-XXXX | Available: <<hours>> What am I responsible for?
Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae.

Does my homeowners insurance cover this?
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Does this coverage include well lines?
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Who is eligible for coverage?
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What should I know about this coverage?
What’s covered: Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae laturestisisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae laturestis re dellaccus voles eosItam etur quam.

Not covered: Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae laturestisisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae laturestis re dellaccus voles eosItam etur quam nonsequo.

When can I make a service call?
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What is the cancellation policy?
Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae laturestis re dellaccus voles eosItam etur quam nonsequo volecus ea que omnis estius raest rem quidus, quia aut ea suntist. Henis eatios aliquatur.

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What is the term of my service agreement?
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What is E-Z Pay/Direct Pay?
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What quality of repair can I expect?
Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae.

Who is SLWA?
Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae laturestis re dellaccus voles eosItam etur quam nonsequo volecus ea que omnis estius raest rem quidus, quia aut ea suntist. dellaccus voles eosItam.

RX4262_Choice_Blue_Pack
Take A Look At The Benefits You'll Receive <<Product Name>> <<Product Name>>

1. Covered Repairs – Guaranteed for one full year.  

2. 24-Hour Emergency Repair Service Hotline – Open 24 hours a day, 365 days a year.  

3. Our Promise to You – Simply call SLWA toll-free at 1-XXX-XXX-XXXX any time, and your coverage can be canceled at your request.  
What would you do in an exterior line emergency?
‡
National average repair costs within the SLWA network
as of March 2018. No charge for covered repairs up to
the service call benefit amount.

The illustration shows where things may go wrong with your exterior lines and how much a licensed and insured plumber would typically charge customers who don't have coverage. How would you cope if it happened to you? With coverage, it's not something to worry about; you'll have no bill to pay for covered repairs up to the service call benefit amount.

Replace water service
line (26–100 ft.)
$2,585
Plan Members:

No Charge‡
Replace sewer/septic
line (26–75 ft.)
$3,389
Plan Members:

No Charge‡
<<The water and sewer/septic lines beyond the <<property boundary>> may be an additional responsibility of the homeowner and are included in this coverage.>> <<Septic tanks, leaching fields, pumps or grinders are not covered.>> Property
Boundary
Water
Main
Sewer
Main
Water Service Line
Sewer/Septic Line Typical Homeowner’s Responsibility
RX4262_Choice_Blue_Pack
For fastest processing, please visit www.slwofa.com.

Please confirm your name and address below and make any changes if necessary.

Acceptance Form
E-mail Address Phone #
By providing my e-mail address, I request that I be notified when my current and future service agreements and any related documents are available at www.slwofa.com, and I acknowledge that I can access these documents. I can change my preferences or request paper copies online or by calling SLWA.

1. Choose Your Protection Plan(s)
Mailcode
<<Mr. Sample A Sample_xx>>
<<Serv_Address1_xxxxxxx>>
<<Serv_Address2_xxxxxxx>>
<<Serv_City_xx, ST Zip>>”

BEST VALUE
FIRST-YEAR SAVINGS OF XX% OFF
when you select both plans

MONTHLY QUARTERLY ANNUALLY

MONTHLY QUARTERLY ANNUALLY
<<Mailcode-xxxx>>
<<Mailcode-xxxx>>
<<Mailcode-xxxx>>
Exterior Water Service Line Coverage
and
Exterior Sewer/Septic Line Coverage
Exterior Water Service Line Coverage
Exterior Sewer/Septic Line Coverage
<<Mailcode-xxxx>> $XX.XX $XX.XX $XX.XX $XX.XX $XXX.XX $XXX.XX $X.XX $XX.XX $XXX.XX
$X.XX $XX.XX $XX.XX
Yes, please sign me up for the protection plan(s) from SLWA I have selected. If I have chosen E-Z Pay or credit/debit card, I understand that, regardless of the payment frequency I select, my optional plan(s) is based on an annual contract and will be automatically renewed annually on the same payment terms I selected at the then-current renewal price (currently $XX.XX per month if I select both plans). I have the option to cancel this contract(s) at any time without additional cost to me by calling 1-XXX-XXX-XXXX. I confirm that I am the homeowner and have read the information in this package, understand there are limitations and exclusions, and meet the eligibility requirements for coverage. <<Prices include applicable state tax. Additional local tax may apply.>> Please reply by: <<X/X/XXXX>>
I have enclosed a check, payable to SLWA, for my first payment for the plan(s) selected and understand that all future payments<<, plus any applicable taxes,>> will be debited from this account.

I have enclosed my check or money order, payable to SLWA, for my one-year payment for the plan(s) selected.

I authorize SLWA to charge my first and all future payments<<, plus any applicable taxes,>> for the plan(s) selected to my credit/debit card.

2. Choose Your Payment Method
Credit/Debit Card
One-Time Check or Money Order
E-Z Pay (see back of letter)
Card Number Exp. Date

VISA MASTERCARD AMEX DISCOVER
Signature (required)
RX4262_Choice_Blue_Pack

CITY LOGO
XXX
FPO
RX Mailcode<<Disclosure>>
Reminder: Please Reply by <<Month X, XXXX>>
<<MR. SAMPLE A SAMPLE_XX>>
<<MAIL_ADDRESS1_XXXXXXX>>
<<MAIL_ADDRESS2_XXXXXXX>>
<<MAIL_CITY_XX, ST ZIP>>
Dear <<Mr. Sample>>,
Many homeowners are not aware that repairs to the exterior water service or sewer/septic lines that run between your home and the public utility connection are the responsibility of the homeowner.

For fastest processing, please visit www.slwofa.com.

Agnis voloria nienihil invende.

Does this coverage include well lines?
Henis eatios aliquatur. Agnis voloria nienihil invende.

Agnis voloria nienihil invende.

What quality of repair can I expect?
Nisit officii sintotatius et aturest emolore, ipitas dem et is exero con pa net, aspel exceptae.

RX4262_Choice_Blue_Pack
Take A Look At The Benefits You'll Receive <<Product Name>> <<Product Name>>

1. Covered Repairs – Guaranteed for one full year.  

2. 24-Hour Emergency Repair Service Hotline – Open 24 hours a day, 365 days a year.  

Replace water service
line (26–100 ft.)
$2,585
Plan Members:

No Charge‡
Replace sewer/septic
line (26–75 ft.)
$3,389
Plan Members:

Please confirm your name and address below and make any changes if necessary.

1. Choose Your Protection Plan(s)
Mailcode
<<Mr. Sample A Sample_xx>>
<<Serv_Address1_xxxxxxx>>
<<Serv_Address2_xxxxxxx>>
<<Serv_City_xx, ST Zip>>”

BEST VALUE
FIRST-YEAR SAVINGS OF XX% OFF
when you select both plans

MONTHLY QUARTERLY ANNUALLY

I have enclosed my check or money order, payable to SLWA, for my one-year payment for the plan(s) selected.

I authorize SLWA to charge my first and all future payments<<, plus any applicable taxes,>> for the plan(s) selected to my credit/debit card.

2. Choose Your Payment Method
Credit/Debit Card
One-Time Check or Money Order
E-Z Pay (see back of letter)
Card Number Exp. Date

VISA MASTERCARD AMEX DISCOVER
Signature (required)
Item 7.c: Report on National League of
Cities Endorsed Programs
May 23, 2023 City Council Regular Meeting
City Council/RSA Agenda 1751 Tuesday, May 23, 2023
2 Background
• May 9, 2023 – Legislation & Policy Committee was provided a report on two programs sponsored by the National League of Cities (NLC):

Item 7.c:

Informational Report on National League of Cities Endorsed Programs City Council/RSA Agenda 1752 Tuesday, May 23, 2023
3 Background
• Participation requires City to grant permission and/or a nonexclusive license for use of City logo for private or commercial purpose
• UCMC Chapter 1.08, Section 1.08.050, Use of City seal and/or City logo:
…. It is unlawful for any person to knowingly and publicly display the City seal or City logo, or any colorable imitation that may be mistaken for the same, that has been affixed digitally or physically to any item or document, including a website, for a private purpose or commercial purpose, or in any manner that may reasonably be calculated to convey the impression that the item or document is endorsed, authorized or approved by the City, unless the display is authorized by the City Council or City Manager. (Ord. 793-14 § 4, 2014) Item 7.c:

Informational Report on National League of Cities Endorsed Programs City Council/RSA Agenda 1753 Tuesday, May 23, 2023
4 Committee Recommendation
• City not to move forward with implementation of either programs
• Concerns due to:

1. Use of City logo implying endorsement of a singular private or commercial entity

2. Need for staff time and resources to support implementation

3. Availability of other programs similar in-nature
Item 7.c:

Informational Report on National League of Cities Endorsed Programs City Council/RSA Agenda 1754 Tuesday, May 23, 2023
5 Prescription Drug Discount Card
Program
• No-cost program to help residents save money on
cost of prescription medications not covered by
insurance and paid entirely out-of-pocket
• Participation requires City Council to:

1. Authorize City to enroll in program;

2. Authorize use of City’s logo for marketing
purposes that would be used on prescription
discount card; and

3. Direct City staff to develop a communication plan
to support outreach efforts.

Item 7.c:

Informational Report on National League of Cities Endorsed Programs City Council/RSA Agenda 1755 Tuesday, May 23, 2023
6 Service Line Warranty Program
• Educates property owners about their service line
(water and sewer line) responsibilities and to help
residents avoid out-of-pocket expenses for
unanticipated and potentially costly service line
repairs and replacements
• Participation requires City Council to:

1. Authorize City Manager to enter into a Marketing
Agreement with Utility Service Partners.

2. Authorize use of City’s logo for one to three years; and

3. Determine whether City should participate in
Brand Fee based on agreement term ($11,400 per
year for total up to $34,200 for three years).

Item 7.c:

Informational Report on National League of Cities Endorsed Programs City Council/RSA Agenda 1756 Tuesday, May 23, 2023
7 Recommendation
Staff recommends that the City Council receive this
informational report on the two National League of Cities (NLC) endorsed programs:

1. CVS/Caremark Prescription Drug Discount Card Program; and

2. Service Line Warranty Program.

No further action is required.

Item 7.c:

Informational Report on National League of Cities Endorsed Programs City Council/RSA Agenda 1757 Tuesday, May 23, 2023

Union City City CouncilMay 23, 2023

Union City City Council
May 23, 2023