Union City City Council
August 8, 2023

MTC shall invoice UNION CITY in the amount of thirty-eight thousand, five hundred and six dollars ($38,506), of which $23,506 shall be billable in lump sum upon the start of the PROJECT and $15,000 shall be billable prior to the start of the evaluation phase of the PROJECT. UNION CITY shall pay MTC fully upon receipt of an invoice in the amount stated above within thirty (30) days of receipt. MTC's invoice shall be mailed to:

Michael Renk
Civil Engineer III
City of Union City
4009 Alvarado-Niles Road
Union City, CA 94587
All notices and communications regarding interpretation of the terms of this Agreement and changes thereto shall be given to the other Party in writing and shall be deemed given when made in writing, and hand-delivered, mailed, or emailed, to such party at their respective addresses as follows:

If to MTC: Attention: Lulu Mao
Metropolitan Transportation Commission
Bay Area Metro Center
375 Beale Street, Suite 800
San Francisco, CA 94105
Email: [email protected]
If to UNION CITY: Michael Renk
Civil Engineer III
City of Union City
4009 Alvarado-Niles Road
Union City, CA 94587
Email: [email protected]
UNION CITY agrees to retain all documents, working papers, records, accounts and other materials relating to its performance under this Agreement for four years following the fiscal year of the last expenditure under this Agreement, and MTC may inspect and audit such records during that period of time.

Performance will begin on or after July 1, 2018 and be completed by June 30, 2021, unless this Agreement is terminated or extended by either UNION CITY or MTC as provided below.

UNION CITY and MTC may by mutual written agreement extend the term of or make other changes to this Agreement.

This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral communication. Any amendment of the Agreement must be in writing, specifically identified as an amendment to the Agreement, and signed by both the City Manager of UNION CITY and the Executive Director of MTC, or their designated representatives.

City Council/RSA Agenda 191 Tuesday, August 8, 2023
MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category I

If you agree, please sign and date both copies of this letter in the space provided below and return to us. The other copy is for your files.

Very truly yours,
Steve- earl- er
Executive Director
Accepted and Agreed to this IA day
of OatAree ,2018.

CITY OF UNION CITY
Tony Acosta, City Manager
SH: lm
1:\CONTRACT\Contracts-New\CON 17-18 \Funding Agreements\ IDEA Program \Cat 1 \draft finals\Union City\Union City Funding Agreement - IDEA Cat 1-match final.docx
City Council/RSA Agenda 192 Tuesday, August 8, 2023
MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category I

ATTACHMENT A

SCOPE OF WORK
UNION CITY received a grant under MTC's Innovative Deployments to Enhance Arterials (IDEA) Program — an initiative that is designed to support cities, counties and transit agencies in the implementation of either mature, commercially-available technologies (Category 1) or new, higher-risk connected and automated vehicle technologies (Category 2). The IDEA Program aims to:

1. Improve travel time and travel time reliability along arterials for autos and transit vehicles;

2. Improve safety of motorists, transit riders, bicyclists, and pedestrians;

3. Decreasing motor vehicle emissions and fuel consumption; and

4. Improve knowledge of and proficiency in the use of advanced technologies for arterial operations.

Specifically, AGENCY received a grant for a Category 1 project (Figure 1 to Figure 5) to improve arterial operation and safety:

1. Deploy Automated Traffic Signal Performance Measures (ATSPM) on several corridors throughout the City;

2. Deploy Adaptive Signal Control Technology (ASCT) along two major corridors: Union City Boulevard and Decoto Road;

3. Install a new Central Signal Management System;

4. Upgrade Communication system and controllers on several corridors throughout the City; and

5. Implement bicycle and pedestrian detections.

Where appropriate and applicable, UNION CITY shall lead the procurement to engage vendor(s), contractor(s), and/or consultant(s) to perform the work necessary to successfully complete the project. Such procurements could include, but are not be limited to, the following:

Capital (e.g., systems, software/hardware/firmware, equipment, etc.) Design services
System integration services
Project construction services
Construction management/support services
Some of the procurements for technical assistance services could be led and managed by MTC.

During the course of the project, MTC Project Manager and UNION CITY Project Manager shall work collectively to determine which agency will lead which procurement, based on what would be the most efficient and expeditious approach to meeting the project delivery schedule.

UNION CITY shall participate in regularly-scheduled calls to ensure project delivery goals are met. UNION CITY shall provide an appropriate level of staff support and administration required for the successful completion of the project. UNION CITY shall agree to share data collected as part of the project, if requested by MTC. MTC and UNION CITY shall mutually agree upon what specific data can be shared.

City Council/RSA Agenda 193 Tuesday, August 8, 2023
Proposed ATSPM Locations
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MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category 1

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City Council/RSA Agenda 194 Tuesday, August 8, 2023
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Innovative Deployments to Enhance Arterials (IDEA) Category 1

Figure 2 Proposed Adaptive Signal Control Corridors
City Council/RSA Agenda 195 Tuesday, August 8, 2023
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Innovative Deployments to Enhance Arterials (IDEA) Category 1

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MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category I

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City Council/RSA Agenda 197 Tuesday, August 8, 2023
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MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category 1

Figure 5 Proposed Communication Upgrade Locations
City Council/RSA Agenda 198 Tuesday, August 8, 2023
MTC/City of Union City
Innovative Deployments to Enhance Arterials (IDEA) Category 1

ATTACHMENT B

PROJECT BUDGET
The following table provides the total estimated project budget, broken down by MTC's share and UNION CITY's share (cash and in-kind match) of the total project cost. Under a separate funding agreement, MTC shall reimburse UNION CITY the agreed-upon amount of $618,916 to cover services led by UNION CITY to deliver the PROJECT. UNION CITY shall also commit $181,994 in cash match for any services it leads to deliver the PROJECT.

MTC-led
Work
UNION CITY -led
Work
Total
Project Cost
MTC Share $90,559 $618,916 $709,475
UNION CITY Share (cash match) $38,506 $181,994 $220,500 SUBTOTAL $129,065 $800,910 $929,975
UNION CITY Share (in-kind
match) n/a $140,000 $140,000
TOTAL $129,065 $940,910 $1,069,975
City Council/RSA Agenda 199 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

AMENDED AND RESTATED

PROJECT FUNDING AGREEMENT
between

ALAMEDA COUNTY TRANSPORTATION COMMISSION
and the

CITY OF UNION CITY
for the

UNION CITY TRAFFIC SIGNAL CONTROL IMPROVEMENTS
This Amended and Restated Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of March 15, 2021, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF UNION CITY, a public agency (“PROJECT SPONSOR”).

This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B:

Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below.
☐ 2000 Measure B
☐ 2014 Measure BB
☐ Vehicle Registration Fee
☒ Transportation Fund for Clean Air
☐ CMA TIP

RECITALS
A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds.

B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 200 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF.

D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC.

E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended.

F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors.

G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC.

H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 201 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies.

J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS.

K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information.

L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information.

M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information.

N. ALAMEDA CTC and PROJECT SPONSOR previously entered into that certain Project Funding Agreement dated for reference purposes only as of June 17, 2019, (the “effective date”) governing the implementation of, and funding for, the PROJECT, as such Project Funding Agreement may have been subsequently amended by the parties (“CURRENT AGREEMENT”). ALAMEDA CTC has updated the requirements generally applicable to such Project Funding Agreements, and the parties have agreed to amend and restate the CURRENT AGREEMENT so as to incorporate these updated requirements, without affecting or amending (i) the effective date, the Agreement Expiration Date, or any allowable start date as set forth in the CURRENT AGREEMENT, or (ii) any of the funding commitments set forth in the CURRENT AGREEMENT.

O. Notwithstanding anything to the contrary in Recital N above, the parties further wish to amend the CURRENT AGREEMENT to extend the Agreement Expiration Date to December 31, 2022, pursuant to a request from PROJECT SPONSOR in the interim progress report dated October 22, 2021. This one-time extension to the Agreement Expiration Date does not require approval from ALAMEDA CTC’s governing body.

NOW, THEREFORE, it is agreed by and between the parties that the CURRENT AGREEMENT is hereby amended and restated in its entirety as set forth in this AGREEMENT, and the parties agree as follows:

SECTION I
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 202 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
PROJECT SPONSOR AGREES:

1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information
b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program
e. Appendix E: Deliverables and Due Dates
f. Appendix F: Project Performance Measures
g. Appendix G: Transportation Fund for Clean Air Policies and Requirements

2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information.

3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change.

4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement.

5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law.

6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT.

7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s).

8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. Staff costs DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 203 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
included in Appendix A are limited to project implementation costs. Staff costs related to the administration of this AGREEMENT including preparation of requests for reimbursement or progress reports are ineligible for reimbursement. PROJECT SPONSOR staff costs funded by other sources can be included in the total cost for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT.

9. PROJECT SPONSOR staff costs eligible for reimbursement may include the individual’s actual hourly wage plus a fringe benefit rate, as approved by a cognizant agency or an independent auditor, of up to a maximum of 70% of the hourly wage. Staff costs also may include direct costs including contracted services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff.

10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs.

11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or thirdparty contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC.

12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR.

13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants, and furnish drafts of all professional services contracts, upon ALAMEDA CTC’s request.

14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as listed and described in Appendix D: Local Business Contract Equity Program Requirements. PROJECT SPONSOR shall comply with the reporting requirements set forth in the LBCE Program and provide the required information to ALAMEDA CTC in accordance with Appendix D for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the specific contract is subject to the LBCE Program.

15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 204 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC.

17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C:

Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Supporting documentation for the Request for Reimbursement packages includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT.

18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities.

19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 205 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT.

20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publicly distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo.
b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website.
c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source.
d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement.

For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed.
e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances.

21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 206 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS.

23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations.

24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable.

25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT.

SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings.

26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G.

SECTION II
ALAMEDA CTC AGREES:

1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 207 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT.

4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures.

5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are compliant with this AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS.

SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:

1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies.

2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A:

Project Control Information which reflects the requested changes by the PROJECT SPONSOR.

3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs for staff dedicated directly to project implementation, management, oversight, and/or project development and may include direct costs including contracted services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT.

4. Reimbursable costs will be limited to the costs shown in Appendix A: Project Control Information. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: ALAMEDA CTC ADMINISTERED FUNDS Obligated by this AGREEMENT are ineligible for reimbursement pursuant to this DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 208 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
AGREEMENT. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements.

5. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered.

ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT.

6. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT.

7. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G:

Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies.

8. The laws of the State of California shall govern this AGREEMENT.

9. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements.

10. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying.

11. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a prorated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 209 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

12. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue.

13. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will be ineligible for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC.

ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT.

14. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.15(a) through Section III.15(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies.

15. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.15(a) and Section III.15(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San FranciscoOakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within five (5) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such five (5) year period, reimburse ALAMEDA CTC for the greater of the following:

ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 210 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within five (5) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests.
e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period.

16. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request.

PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 211 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured.

18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources):
a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services.
b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT.
c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs.
e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT.
f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made.

19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT.

20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-ininterest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 212 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version
its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.

21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT.

22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries.

23. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California.

24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party.

25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT.

26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties.

[Signatures on the next page]
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 213 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004

2021 PFA Version

CITY OF UNION CITY
(PROJECT SPONSOR)

ALAMEDA COUNTY

TRANSPORTATION COMMISSION
(ALAMEDA CTC)
By: By:

Joan Malloy
City Manager Date
Tess Lengyel Date
Executive Director
Recommended
By:

Gary Huisingh Date
Deputy Executive Director of
Capital Projects
Reviewed as to Budget/Financial Controls:

By:

Patricia Reavey Date
Deputy Executive Director of
Finance and Administration
Approved as to Legal Form:

Approved as to Legal Form:

By: By:

Kristopher J. Kokotaylo Date
Legal Counsel to CITY OF UNION CITY
Wendel Rosen LLP Date
Legal Counsel to ALAMEDA CTC

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA 1/13/2022 1/13/2022
1/13/2022
1/13/2022
1/13/2022
1/18/2022
City Council/RSA Agenda 214 Tuesday, August 8, 2023
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Project No. 1511004

2021 PFA Version

LIST OF APPENDICES
APPENDIX A: PROJECT CONTROL INFORMATION
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS APPENDIX E: DELIVERABLES AND DUE DATES
APPENDIX F: PROJECT PERFORMANCE MEASURES
APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 215 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 1

APPENDIX A

PROJECT CONTROL INFORMATION
Appendix Index
Appendix A-1 Project Description
Appendix A-2 Project Scope Detail by Phase
Appendix A-3 Project Milestone Schedule
Appendix A-4 Project Cost Estimate Summary by Phase and Fund Source Appendix A-5 Project Funding Summary by Phase and Reimbursement Ratio Appendix A-6 Project Phase Cost Detail
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 216 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 2
APPENDIX A-1

PROJECT DESCRIPTION
Project Description:

Project will deploy Adaptive Signal Control Technology (ASCT) at 13 intersections along two major arterial corridors: Union City Boulevard and Decoto Road and Automated Traffic Signal Performance Measures (ATSPM) at 35 intersections, including deployment of new local controllers/software, communications system upgrade and new Central Signal Management System (CSMS) to support ASCT and ATSPM. Project also deploys bicycle lane detection at 24 intersections and passive pedestrian detection at four intersections (16 crosswalks).

Project Location/Limits
 Various intersections along Union City Boulevard and Decoto Road in the City of Union City.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 217 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 3
APPENDIX A-2

PROJECT SCOPE DETAIL BY PHASE
The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

OPERATIONS
 ALAMEDA CTC funds obligated by this AGREEMENT will be used to implement the project as described in Appendix A-1. The overall project has been awarded funding through MTC’s IDEA Grant Program and the ALAMEDA CTC funds obligated by this AGREEMENT are providing $221,000 of the required local match for the construction phase.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 218 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 4
APPENDIX A-3

PROJECT MILESTONE SCHEDULE
Phase/Milestone
Begin
(Mo/Yr)
End
(Mo/Yr)
Scoping 10/2019 5/2020
Preliminary Engineering/Environmental Studies 12/2019 5/2020 CEQA Approval 2/2020 3/2020
NEPA Approval N/A N/A
Final Design (Plans, Specifications and Estimate (PS&E)) 6/2019 10/2019 Right-of-Way Acquisition NA
Right of Way Certification NA
Procurement & Construction 1/2021 6/2022
Project Closeout 6/2022 9/2022
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 219 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 5
APPENDIX A-4

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
This Project Cost Summary provides a project funding plan for all Project phases, regardless if funded through ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT.

PROJECT COST SUMMARY BY PHASE AND FUND SOURCE
PHASE
Alameda CTC
Administered Funds Other Funds
Total Cost TFCA FY 2019/20
County Program
Manager (CPM)
Other Local
Funds

MTC IDEA
Grant
Construction Capital $221,000 $80,000 $623,000 $924,000 Total Cost $221,000 $80,000 $623,000 $924,000
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 220 Tuesday, August 8, 2023
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Project No. 1511004
Appendix A – Page 6
APPENDIX A-5

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO (Only Phases Funded with Alameda CTC Administered Funds) The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below:

PROJECT FUNDING SUMMARY BY PHASE AND REIMBURSEMENT RATIO PHASE
Alameda CTC
Administered Funds
Total Other/
Matching
Funds
Total
Funding
Reimbursement
Ratio
TFCA Percentage
FY 2019-20 CPM
Construction Capital $221,000 $703,000 $924,000 N/A
Total Funding $221,000 $703,000 $924,000
Notes:
 PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding.  If a reimbursement ratio is not identified in the above table the Other/Matching Funds are included for informational purposes.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 221 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix A – Page 7
APPENDIX A-6

PROJECT PHASE COST DETAIL
This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT.

PHASE COST DETAIL

CONSTRUCTION PHASE
TFCA
FY 2019/20
CPM
Other
Funds
Total
Cost
Contract(s)/Other Direct Cost1 $221,000 $703,000 $924,000 Total Phase Cost
(Contract Costs) $221,000 $703,000 $924,000
Notes:
 Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D).

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 222 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix B - Page 1

APPENDIX B

ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source.

TABLE B-1

FUNDS OBLIGATED BY THIS AGREEMENT

AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES
Fund
Source Fund Subset Phase
Commission
Approval
Date
Allowable
Start Date
Expenditure
Deadline
Date
Obligated
Amount
TFCA FY 2019-20
CPM Construction 6/17/2019 7/1/2019 12/31/2022 $221,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $221,000 Previously Approved
Agreement Expiration Date: December 31, 2021
Revised
Agreement Expiration Date: December 31, 2022
Notes:

1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source.

2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation.

3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT.

4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT.

5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT.

6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved.

7. For TFCA funds obligated by this agreement, the Alameda CTC may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. Table B-1 reflects the first one-year extension to the Expenditure Deadline Date, from December 31, 2021 to December 31, 2022.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 223 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix B - Page 2
APPENDIX B (CONT.)
Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below.

TABLE B-2

ALAMEDA CTC ADMINISTERED FUNDS

REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE
No. Fiscal Year Fund Source FY Drawdown
Limitation Amount
Cumulative
Drawdown Limitation
Amount
Not Applicable
Notes:

1. Fiscal Year (FY) begins July 1 and ends June 30.

2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30.

3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR.

4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 224 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix C – Page 1

APPENDIX C

REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS
The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports.

Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi-annually, as indicated below with an “X”.

REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING

FREQUENCY AND DUE DATES
Frequency
Required
(as checked)
Minimum Frequency Period Covered Due Dates
☐ Monthly
(once every month)
One month By 30 days following the end
of billed activity
☐
Quarterly
(once every 3 months)
Quarter 1: 7/1– 9/30
Quarter 2: 10/1 – 12/31
Quarter 3: 1/1– 3/31
Quarter 4: 4/1– 6/30
By October 31st
By January 31st
By April 30th
By July 31st
☒ Semi-annually
(once every 6 months)
Quarters 1 & 2: 7/1 – 12/31
Quarters 3 & 4: 1/1 – 6/30 By January 31st
By July 31st
☒ Annually
(TFCA Annual Report)
Fiscal Year: 7/1 – 6/30 By July 31st
☒ Final Request for
Reimbursement
Any work period eligible
under Appendix B.

Must be submitted prior to the
Agreement Expiration Date
Notes:

1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month.

2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required.

3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices.

4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement.

REQUEST FOR REIMBURSEMENT AND REPORTING FORMS
Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change.

List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/

1. Request for Reimbursement (RFR) Form

2. Alameda CTC Progress Report Form

3. Alameda CTC Final Report Form

4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report)

5. Amendment Request Form
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 225 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix D – Page 1

APPENDIX D

LOCAL BUSINESS CONTRACT EQUITY PROGRAM REQUIREMENTS
As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto.

LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D.

The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes:
 Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity  Prime and Subconsultant/Subcontractor Local Business Enterprise, Small Local Business Enterprise and Very Small Local Business Enterprise Utilization Form: https://www.alamedactc.org/getinvolved/contracting-forms/  The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies.
 Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer:

Seung Cho
Director of Procurement and Information Technology
Alameda County Transportation Commission
Email: [email protected]
Phone: (510) 208-7472
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 226 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix E - Page 1

APPENDIX E

DELIVERABLES AND DUE DATES
Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS.

Deliverables and Due Dates
No. Description Due Date to
Alameda CTC
1 TFCA FY 2019-20 Annual (Interim) Report (for BAAQMD) July 31, 2020 2 TFCA FY 2020-21 Annual (Interim) Report (for BAAQMD) July 31, 2021 3 TFCA FY 2020-21 Annual (Interim) Report (for BAAQMD)
(This report will be due only if project is not completed by June 30, 2022) July 31, 2022
4 Final Invoice Within 3 months of the
actual project
completion date, but no
later than the Agreement
Expiration Date.
5 TFCA Final Report (for BAAQMD)
(Including documentation of required funding agency logo usage) Note:
 Per Section III.19 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 227 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix F – Page 1

APPENDIX F

PROJECT PERFORMANCE MEASURES
Project Performance Measures: The Project Performance Measures and Targets describes what outcomebased performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives.

Project Performance Measures and Targets
Performance Measure Target
Increase in average travel speeds within the segments of Union City Blvd and Decoto Road where Adaptive Signal Control Technology was deployed. 25% increase in average
travel speeds.

Notes:

1. It is expected that the Project will achieve the performance measures targets and/or project outcomes as established herein.

2. Targets are consistent with the assumptions provided in the funding application for Project, up to a maximum proposed speed increase of 25%.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 228 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 1

APPENDIX G

TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT.

Appendix Index
Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 229 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 2
APPENDIX G-1
TFCA PROJECT NUMBER AND “YEARS OF EFFECTIVENESS”
The PROJECT’s established TFCA Project Number is to be included on all PROJECT reports and invoices.

The PROJECT’s established period for TFCA “Years of Effectiveness” is used by Alameda CTC and BAAQMD to evaluate the cost effectiveness of the PROJECT and represents the minimum period of time PROJECT SPONSOR is to maintain and/or operate the PROJECT, per BAAQMD requirements. It is not intended to reflect the number of years a capital project is expected to last.

TFCA Project Number:
 20ALA08
TFCA “Years of Effectiveness”:
 Two (2) years
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 230 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 3
APPENDIX G-2

BAAQMD-APPROVED TFCA COUNTY PROGRAM MANAGER FUND POLICIES Projects awarded TFCA County Program Manager funding by Alameda CTC are to be consistent with the BAAQMD’s Board-Adopted TFCA County Program Manager Fund Policies.

The following policies apply to the BAAQMD TFCA County Program Manager funding awarded to PROJECT:
 BAAQMD Board-Adopted TFCA County Program Manager Fund Policies for FYE 2020  These Policies are available for view and download from the Alameda CTC’s website:
 https://www.alamedactc.org/wpcontent/uploads/2019/07/FYE_2020_TFCA_CPM_Policies_only.pdf?x33781 Note: The above link provides a copy of Appendix D: Board-Adopted TFCA County Program Manager Fund Policies for FYE 2020 from BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending 2020. As incorporated into this AGREEMENT, (i) the term “Air District” in the policies shall be deemed to mean and refer to BAAQMD, (ii) “Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “GRANTEE” shall be deemed to mean and refer to SPONSOR.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 231 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 4
APPENDIX G-3

TFCA INSURANCE REQUIREMENTS
[See Below and Attached]
Note: The below Alameda CTC insurance requirements for TFCA projects are followed by a copy of BAAQMD’s Insurance Guidelines, Appendix F of BAAQMD’s TFCA County Program Manager Fund Expenditure Plan Guidance, Fiscal Year Ending (FYE) 2020. As incorporated into this Agreement, (i) the term “Air District” in the attached shall be deemed to mean and refer to BAAQMD, (ii) “County Program Manager” shall be deemed to mean and refer to ALAMEDA CTC, and (iii) “Grantee” shall be deemed to mean and refer to SPONSOR.

INSURANCE REQUIREMENTS
Verification of Coverage
SPONSOR is required to provide certificates and/or other evidence of the required insurance coverage prior to the execution of a fund-transfer agreement and annually thereafter throughout and until project completion.

Certificates, policies and other evidence provided shall specify that the ALAMEDA CTC and BAAQMD shall receive 30 days advanced notice of cancellation from the insurers.

Additionally, SPONSOR is to name ALAMEDA CTC, its officers, employees and consultants as additional insured on all insurance required by SPONSOR for PROJECT.

Minimum Scope of Insurance
Throughout the Term of the AGREEMENT, SPONSOR shall obtain and maintain in full force and effect the Liability Insurance and Property Insurance as set forth below:

1. Liability Insurance: with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of SPONSOR, and to the operation of the vehicles, vessels, engines or equipment operated by Sponsor.

2. Property Insurance: in an amount of not less than the insurable value of SPONSOR’s vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

3. Workers Compensation Insurance: As required by California law and employers’ insurance with a limit not less than $1 million.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The ALAMEDA CTC may, at its sole discretion, waive or alter this requirement or accept self-insurance in lieu of any required policy of insurance.

DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 232 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 5
County Program Manager Fund Expenditure Plan Guidance FYE 2020 Appendix F: Insurance Guidelines     This appendix provides guidance on the insurance coverage and documentation typically required for TFCA County Program Manager Fund projects. Note that the Air District reserves the right to specify different types or levels of insurance in the Funding Agreement.

The typical Funding Agreement requires that each Grantee provide documentation showing that they meet the following requirements for each of their projects. The County Program Manager is not required to meet these requirements itself, unless it is acting as a Grantee.

1. Liability Insurance:

Corporations and Public Entities ‐ a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Project Sponsor.

Single Vehicle Owners ‐ a limit of not less than $750,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Grantee, and to the operation of the vehicles, engines or equipment operated by the Grantee.

2. Property Insurance:

New Equipment Purchases ‐ an amount of not less than the insurable value of Grantee’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

Retrofit Projects ‐ 2003 model year vehicles or engines or newer in an amount of not less than the insurable value of Grantee’s vehicles, engines or equipment funded under this Agreement, and covering all risks of loss, damage or destruction of such vehicles, engines or equipment.

3. Workers Compensation Insurance:

Construction projects – including but not limited to bike/pedestrian paths, bike lanes, smart growth and vehicle infrastructure, as required by California law and employers’ insurance with a limit not less than $1 million.

4. Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Air District may, at its sole discretion, waive or alter this requirement or accept self‐insurance in lieu of any required policy of insurance.

The following table lists the type of insurance coverage generally required for each project type. The requirements may differ in specific cases. County Program Managers should contact the Air District liaison with questions, especially about unusual projects. __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 25 DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 233 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 6
County Program Manager Fund Expenditure Plan Guidance FYE 2020 __________________________________________________________________________________ BAAQMD Transportation Fund for Clean Air – County Program Manager Page 26 DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 234 Tuesday, August 8, 2023
Alameda CTC Agreement No. A19-0066.A1
Project No. 1511004
Appendix G – Page 7
APPENDIX G-4

REPORTING FORMS FOR TFCA-FUNDED PROJECTS
TFCA Interim Report Form:

The latest electronic version of the BAAQMD TFCA Interim Report form is available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-andreporting-forms/ TFCA Final Report Form:

The latest electronic version of the BAAQMD TFCA Final Report forms are available from the Alameda CTC’s website at: https://www.alamedactc.org/funding/reporting-and-grant-forms/reimbursement-andreporting-forms/ Note: There are four TFCA report form templates. Use the appropriate form, as follows:
 Form 1 - Trip Reduction Projects, for shuttles/feeder bus operations, ridesharing and transportation demand management (TDM) programs, and Smart Growth projects  Form 2 - Alternative Fuel Vehicles, for all vehicle projects  Form 3 - Bicycle Projects, for bicycle lanes, bike sharing, lockers and racks  Form 4 - Arterial Management, for signal timing coordination and upgrades and transit signal priority (TSP)
DocuSign Envelope ID: DB69CEF1-C25B-4978-8F4E-AE044677B0AA City Council/RSA Agenda 235 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ACCEPTING COMPLETION OF THE UNION CITY INNOVATIVE

DEPLOYMENTS TO ENHANCE ARTERIALS (IDEA) GRANT TRAFFIC
SIGNAL CONTROL UPGRADES PROJECT, CITY PROJECT NO. 17-27, AND

THE PASSIVE PEDESTRIAN DETECTION IMPROVEMENT PROJECT,
CITY PROJECT NO. 17-27A
WHEREAS, on September 25, 2018, the City Council adopted Resolution No. 5931-18, approving the Funding Agreements with the Metropolitan Transportation Commission (MTC) for City Project No. 17-27, Traffic Signal Control Upgrades Project, in the amount of $709,475; and
WHEREAS, on June 17, 2019, the City and Alameda County Transportation Commission (Alameda CTC) entered into a Project Funding Agreement, A19-0066.A1, that approved $221,000 of Transportation For Clean Air (TFCA) funding to be used as part of City’s match in the construction phase; and
WHEREAS, on August 11, 2020, the City Council adopted Resolution No. 5636- 20, awarding a Consulting Services Agreement with Q-Free Intelight, of Tucson, AZ, for the IDEA Grant Traffic Signal Control Upgrades Project, City Project No. 17-27, in the amount of $598,715; and
WHEREAS, on April 12, 2022, the City Council adopted Resolution No. 5914- 22, awarding a Consulting Services Agreement with Rhythm Engineering, LLC, for the Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, in the amount of $188,476; and
WHEREAS, the projects were funded through a combination of the MTC IDEA Grant funds, in the amount of $709,475, and local matching funds from the Traffic Signalization Fund (Fund 2610), in the amount of $100,000 and the Gas Tax Fund (Fund 2510), in the amount of $260,500, for a total project budget of $1,069,975; and WHEREAS, the contractors began work in June 2021, and substantially completed the work in December 2022. The final cost for the projects is $1,051,413.65, approximately 2% lower than projected; and
WHEREAS, both Q-Free America, Inc., and Rhythm Engineering, LLC, have performed and successfully completed the improvements at various intersections throughout the City of Union City under the IDEA Grant Traffic Signal Control Upgrades Project, City Project No. 17-27, and the Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, per plans and specifications (see Exhibits A through D); and
City Council/RSA Agenda 236 Tuesday, August 8, 2023
Resolution XXXX-23

WHEREAS, the work included: 1) supply and support of traffic signal controllers, controller software, adaptive system software and central signal system software solutions; 2) project management and coordination of subcontractors and associated work tasks; 3) installation and procurement of communications equipment; 4) training and ongoing support; and, 5) installation of a passive pedestrian detection system at four critical intersections; and
WHEREAS, the work has been completed to the satisfaction of the Public Works Director.

WHEREAS, the final cost for the project, including hardware purchases, was $1,051,413.65, approximately 2% lower than projected. The City has been reimbursed by MTC, in the amount of $618,916, for these two projects. A TFCA funding reimbursement request was sent by staff on July 31, 2023, to Alameda CTC, in the amount of $221,000. In summary:

Total project cost ($1,051,413.65)
MTC reimbursement $ 618,916.00
Alameda CTC TFCA reimbursement $ 221,000.00
City local match ($ 211,497.65)
There are no outstanding expenses for this project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City does hereby accept the improvements, in the final amount of $1,051,413.65, for the IDEA Grant Traffic Signal Control Upgrades Project, City Project No. 17-27, and the Passive Pedestrian Detection Improvement Project, City Project No. 17-27A, as described in the Certificates of Completion, attached as Exhibit A and Exhibit C; and BE IT FURTHER RESOLVED that the City Clerk of the City of Union City be directed to record the Notices of Completion, attached as Exhibit B and Exhibit D, with the Office of the County Recorder of Alameda County, California.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
City Council/RSA Agenda 237 Tuesday, August 8, 2023
Resolution XXXX-23

ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 238 Tuesday, August 8, 2023

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: UNION CITY IDEA GRANT TRAFFIC SIGNAL CONTROL UPGRADES PROJECT, CITY PROJECT NO. 17-27
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That this project consisted of the following improvements:

1. Installation of Automated Traffic Performance Measures (ATSPM) on several corridors throughout the City.

2. Deployed Adaptive Signal Control Technology (ASCT) along Union City Blvd. and Decoto Rd.

3. Upgraded traffic controllers and communications systems on several corridors throughout the City.
b. That the contract agreement was approved by the City Council for the amount of $573,714; and
c. That the adopted and approved plans and specifications have been changed in the following respects:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Original Contract $ 573,714
Increase in Quantities and CA Use Tax $ 25,001
Decrease in Quantities $ 0
Total Construction Contract Cost to City $ 598,715
d. That the work performed has been done in accordance with such plans and specifications. e. That Q-Free America, Inc., performed the work at a total cost of $598,715.

Dated: . ___________________________________
MARILOU AYUPAN, P.E.

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 239 Tuesday, August 8, 2023
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)

NOTICE OF COMPLETION

AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: UNION CITY IDEA GRANT TRAFFIC SIGNAL CONTROL UPGRADES PROJECT, CITY PROJECT NO. 17-27
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 8th day of August, 2023, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to Q-Free America, Inc., of Carlsbad, CA and entered into on August 8, 2023, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City.

That said enhancements and improvements at various intersections throughout the City of Union City
were actually accepted by the Public Works Director of the City of Union City on the 8 th day of
August, 2023.

The project scope consisted of the following improvements:
1) Installation of Automated Traffic Performance Measures (ATSPM) on several corridors throughout the City.
2) Deployed Adaptive Signal Control Technology (ASCT) along Union City Blvd. and Decoto Rd.
3) Upgraded traffic controllers and communications systems on several corridors throughout the City.

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

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

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 240 Tuesday, August 8, 2023
Dated: , 2023. ___________________________________

MARILOU AYUPAN

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

STATE OF CALIFORNIA )
)

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

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

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR
Subscribed and sworn to before me
this day of __________, 2023.
____________________________________________
NOTARY PUBLIC in and for the City of Union City,
County of Alameda, State of California
City Council/RSA Agenda 241 Tuesday, August 8, 2023

CERTIFICATE OF COMPLETION
(Sec. 4005 Government Code)
TITLE: PASSIVE PEDESTRIAN DETECTION IMPROVEMENT PROJECT, CITY PROJECT NO. 17-27A
I, MARILOU AYUPAN, Public Works Director of the City of Union City, County of Alameda, State of California, do hereby certify as follows:
a. That this project consisted of installing passive pedestrian detection technology at the following intersections (17-27A):
a. Meyers Dr. & Decoto Rd.
b. Alvarado-Niles Rd. & Royal Ann Dr.
c. Alvarado-Niles Rd. & Hop Ranch Rd.
d. Alvarado Blvd. & Dyer St.
b. That the contract agreement was approved by the City Council for the amount of $188,476; and
c. That the adopted and approved plans and specifications have not changed:

CCO # CONTRACT CHANGE DESCRIPTION AMOUNT
Original Contract $ 188,476
Increase in Quantities $ 0
Decrease in Quantities $ 0
Total Construction Contract Cost to City $ 188,476
d. That the work performed has been done in accordance with such plans and specifications. e. That Rhythm Engineering, LLC, performed the work at a total cost of $188,476, including the above noted contract change description.

Dated: . ___________________________________
MARILOU AYUPAN, P.E.

PUBLIC WORKS DIRECTOR
City Council/RSA Agenda 242 Tuesday, August 8, 2023
[Rev. 02/23/09]
(THIS SPACE FOR RECORDER’S USE ONLY)

NOTICE OF COMPLETION

AND NOTICE OF ACCEPTANCE
General Contract or Assessment Proceedings
TITLE: PASSIVE PEDESTRIAN DETECTION IMPROVEMENT PROJECT, CITY PROJECT NO. 17-27A
NOTICE IS HEREBY GIVEN that I, MARILOU AYUPAN, as Public Works Director of the City of Union City, County of Alameda, California, on the 8th day of August, 2023, did file with the Department of Public Works of said City, the Certificate of Completion of the following described work, the contract for which was heretofore awarded to Rhythm Engineering, LLC, of Lenexa, KS and entered into on August 8, 2023, in accordance with the specifications for said work filed with said Department of Public Works and adopted by the Public Works Director of said City.

That said enhancements and improvements at various intersections throughout the City of Union City
were actually accepted by the Public Works Director of the City of Union City on the 8 th day of
August, 2023, and that the name of the surety on the Contractor's bond for labor and materials on said contract is Endurance Assurance Corporation.

The project installed passive pedestrian detection technology at the following intersections (17-27A):
a. Meyers Dr. & Decoto Rd.
b. Alvarado-Niles Rd. & Royal Ann Dr.
c. Alvarado-Niles Rd. & Hop Ranch Rd.
d. Alvarado Blvd. & Dyer St.

Dated: , 2023. ___________________________________

MARILOU AYUPAN

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

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

The City Engineer
The City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
City Council/RSA Agenda 243 Tuesday, August 8, 2023

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

STATE OF CALIFORNIA )
)

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

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

MARILOU AYUPAN

PUBLIC WORKS DIRECTOR
Subscribed and sworn to before me
this day of __________, 2023.
____________________________________________
NOTARY PUBLIC in and for the City of Union City,
County of Alameda, State of California
City Council/RSA Agenda 244 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT SIX (6) RESOLUTIONS APPOINTING INDIVIDUALS TO SERVE

ON THE ARTS & CULTURE COMMISSION, BICYCLE PEDESTRIAN

ADVISORY COMMITTEE, ECONOMIC DEVELOPMENT ADVISORY

TEAM, HUMAN RELATIONS COMMISSION, PARK & RECREATION

COMMISSION, AND PLANNING COMMISSION
Staff has prepared six (6) separate resolutions appointing individuals to serve on Arts & Culture Commission, Bicycle Pedestrian Advisory Committee, Economic Development Advisory Team, Human Relations Commission, Park & Recreation Commission, and Planning Commission.

STRATEGIC PLAN ALIGNMENT
Goal E. Communication and Outreach: Build strong connections with community partners, residents and employees.

BACKGROUND
A recruitment process was initiated for the scheduled term expirations, existing vacancies and unscheduled vacancies on the noted boards, commissions and committees.

Interested parties were asked to submit applications to the City Clerk. Councilmembers conducted interviews on July 18, July 19, and August 2, 2023.

DISCUSSION
Board and commission members are appointed by the Mayor with approval of the City Council. At the request of Mayor Dutra-Vernaci, resolutions have been prepared reappointing/appointing the following individuals:

City Council/RSA Agenda 245 Tuesday, August 8, 2023
Arts & Culture Commission
Appoint Anish Mohanty to a four (4) year term expiring August 8, 2027 Appoint Christine Start to a four (4) year term expiring August 8, 2027 Appoint Manjit Gillas Alternate to a four (4) year term expiring August 8, 2027 Bicycle Pedestrian Advisory Committee
Reappoint Jo Ann Lew to a four (4) year term expiring June 13, 2027 Reappoint Steve Nichols to a four (4) year term expiring June 13, 2027 Reappoint Glenn Kirby to a four (4) year term expiring June 13, 2027 Reappoint Timothy Swenson to a four (4) year term expiring June 13, 2027 Appoint Vanessa McDonnell to four (4) year term expiring August 8, 2027 Economic Development Advisory Team
Appoint Lee Guio (Planning Commission representative) to a four (4) year term expiring August 8, 2027 Appoint Arun Coumar (resident) to a four (4) year term expiring August 8, 2027 Appoint Ernesto Onate (resident) to a four (4) year term expiring August 8, 2027 Appoint Robert Singer (business) to a four (4) year term expiring August 8, 2027 Human Relations Commission
Reappoint Jonathan Pettey to a four (4) year term expiring June 25, 2027 Appoint Bridget Uzoew to a four (4) year term expiring June 25, 2027 Appoint Ali Jaweed as Alternate to a four (4) year term expiring August 8, 2027 Parks & Recreation Commission
Appoint Madhu Singh to a four (4) year term expiring August 8, 2027 Appoint Santiago Gonzalez as Alternate to a four (4) year term expiring August 8, 2027 Appoint Francisco Elizando as Alternate to a four (4) year term expiring August 8, 2027 Planning Commission
Appoint Ignacio Romero to a four (4) year term expiring August 8, 2027 Appoint Prairna Gupta Garg as Alternate to a four (4) year term expiring August 8, 2027

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends City Council consider adopting the resolutions appointing individuals to serve on the Arts & Culture Commission, Bicycle Pedestrian Advisory Committee, Economic Development Advisory Team, Human Relations Commission, Park & Recreation Commission, and Planning Commission.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

City Council/RSA Agenda 246 Tuesday, August 8, 2023
Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution ACC Resolution
Resolution BPAC Resolution
Resolution EDAT Resolution
Resolution HRC Resolution
Resolution PRC Resolution
Resolution PC Resolution
City Council/RSA Agenda 247 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPOINTING

INDIVIDUALS TO SERVE ON THE ARTS & CULTURE COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18, July 19, and August 2, 2023; and
WHEREAS, members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed to serve on the:

Arts & Culture Commission
Appoint Anish Mohanty to a four (4) year term expiring August 8, 2027 Appoint Christine Start to a four (4) year term expiring August 8, 2027 Appoint Manjit Gill as Alternate to a four (4) year term expiring August 8, 2027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 8
th
day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 248 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPOINTING/REAPPOINTING INDIVIDUALS TO SERVE ON THE BICYCLE

PEDESTRIAN ADVISORY COMMITTEE
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18, July 19, and August 2, 2023; and
WHEREAS, members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed/reappointed to serve on the:

Bicycle Pedestrian Advisory Committee
Reappoint Jo Ann Lew to a four (4) year term expiring June 13, 2027 Reappoint Steve Nichols to a four (4) year term expiring June 13, 2027 Reappoint Glenn Kirby to a four (4) year term expiring June 13, 2027 Reappoint Timothy Swenson to a four (4) year term expiring June 13, 2027 Appoint Vanessa McDonnell to four (4) year term expiring August 8, 2027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 8
th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 249 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPOINTING

INDIVIDUALS TO ECONOMIC DEVELOPMENT ADVISORY TEAM (EDAT) WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18, July 19, and August 2, 2023; and
WHEREAS, members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed to serve on the:

Economic Development Advisory Team
Appoint Lee Guio (Planning Commission) to a four (4) year term expiring August 8, 2027 Appoint Arun Coumar (resident) to a four (4) year term expiring August 8, 2027 Appoint Ernesto Onate (resident) to a four (4) year term expiring August 8, 2027 Appoint Robert Singer (business) to a four (4) year term expiring August 8, 2027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 8
th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 250 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPOINTING/REAPPOINTING INDIVIDUALS TO SERVE ON HUMAN RELATIONS

COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18, July 19 and August 2, 2023; and
WHEREAS, members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed/reappointed to serve on the:

Human Relations Commission
Reappoint Jonathan Pettey to a four (4) year term expiring June 25, 2027 Appoint Bridget Uzoew to a four (4) year term expiring June 25, 2027 Appoint Ali Jaweed as Alternate to a four (4) year term expiring August 8, 2027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 8
th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 251 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPOINTING

INDIVIDUALS TO SERVE ON THE PARKS & RECREATION COMMISSION WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18, July 19, and August 2, 2023;
WHEREAS, members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed to serve on the:

Parks & Recreation Commission
Appoint Madhu Singh to a four (4) year term expiring August 8, 2027 Appoint Santiago Gonzalez as Alternate to a four (4) year term expiring August 8, 2027 Appoint Francisco Elizondo as Alternate to a four (4) year term expiring August 8, 2027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 8
th
day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 252 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPOINTING

INDIVIDUALS TO SERVE ON THE PLANNING COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18, July 19, and August 2, 2023;
WHEREAS, members are appointed by the Mayor with approval of the City Council.

NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed to serve on the:

Planning Commission
Appoint Ignacio Romero to a four (4) year term expiring August 8, 2027 Appoint Prairna Gupta Garg as Alternate to a four (4) year term expiring August 8, 2027 PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 8
th day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 253 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE (5)-YEAR AGREEMENT, IN A FORM

APPROVED BY THE CITY ATTORNEY, PLUS OPTIONAL EXTENSIONS

WITH THE NEW HAVEN UNIFIED SCHOOL DISTRICT FOR THE

PROVISION OF SEASONAL UNION CITY TRANSIT SERVICE TO BE
REIMBURSED IN AN AMOUNT-NOT-TO EXCEED $138,845 IN THE FIRST

YEAR, WITH FUTURE ANNUAL COSTS TO BE DETERMINED BASED
ON UNION CITY TRANSIT’S CONTRACT OPERATIONAL COSTS, AND REIMBURSED TO THE CITY’S TRANSIT FUND (FUND 5110) BY THE

NEW HAVEN UNIFIED SCHOOL DISTRICT
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a five (5)-year agreement, in a form approved by the City Attorney, plus optional extensions with the New Haven Unified School District (NHUSD) for the provision of seasonal Union City Transit service to be reimbursed in an amount not to exceed $138,845 in the first year, with future annualcosts and reimbursed to the City’s Transit Fund (Fund 5110) by the NHUSD.

STRATEGIC PLAN ALIGNMENT
Goal A. Economic, Community Development and Public Safety: Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

Strategy 9: Update the short-range transit plan that includes an evaluation of providing services to the business district and the New Haven Unified School District.

BACKGROUND
City Council/RSA Agenda 254 Tuesday, August 8, 2023
The State of California (State) allocated funds to reimburse school districts up to sixty percent (60%) of the entity's prior year transportation costs, pursuant to Assembly Bill 181 (Chapter 52, Statutes of 2022) and Assembly Bill 185 (Chapter 571, Statutes of 2022).

As a condition of receiving the funds, NHUSD was required to complete a Transportation Plan. Development of the plan was pursuant to Education Codes 39800.1 and 41850.1 that indicated NHUSD shall be in consultation with its partners and stakeholders, allow for public input, and have its Governing Board adopt the Transportation Plan by April 1, 2023.

NHUSD’s Transportation Plan was drafted for review in February 2023 and approved by the NHUSD Board in March 2023. While NHUSD’s ultimate goal in the Transportation Plan is to restore school bus service, due to limitations in available resources, including funding, NHUSD determined the most viable option is to partner with existing public transit agencies, Union City Transit and Alameda-Contra Costa Transit District (AC Transit), in the interim.

DISCUSSION
NHUSD approached Union City requesting assistance meeting their student transportation requirement.

NHUSD was especially interested in meeting the transportation needs of students transitioning out of elementary school into middle school that live in southern Hayward and the Decoto neighborhood. Based on the State’s regulations, NHUSD indicates that they have a potential of 350 students that will need to be prioritized.

All public transit providers are prohibited from providing school bus service (unless there is no competing alternative), but are not prohibited from transporting students provided the service is open to the public. Union City Transit has provided supplemental service on Routes 1 and 5 for several years to meet the capacity needs of these routes during bell times for James Logan High School.

Union City worked with NHUSD to determine a new, seasonal route that would maximize the number of potential student riders using as many existing bus routes and bus stops as possible. The determined route minimizes the number of streets used in Hayward, where several of the streets have speed bumps, and will reestablish a bus stop on Lafayette Avenue in Hayward. This stop was historically used for the Route 4 until 2013 as the primary stop for Hayward students to catch the service. The route is approximately seven (7) miles in each direction to provide access to three (3) of the NHUSD schools, including James Logan High School, Cesar Chavez Middle School, and Itliong-Vera Cruz Middle School. The new seasonal route is shown in Attachment 1 to this staff report.

Union City Transit buses accommodate up to sixty (60) passengers at a time, thirty-two (32) seated and twenty-eight (28) standing, which will require the use of six (6) Union City Transit buses if all 350 students use the transit service. Union City Transit currently has seventeen (17) buses available with thirteen (13) committed to peak service. To accommodate this apparent shortage of equipment, Union City Transit will use some of its larger demand-response (paratransit or wheelchair accessible vehicle) equipment for one (1) run in each direction on Routes 3 and 4 to free up the larger capacity buses for the service.

Six (6) buses in the morning are expected to use 5.5 hours of service and six (6) buses in the afternoon are expected to use 6.5 hours of service, the discrepancy happening because of traffic patterns when the afternoon bells occur. NHUSD will be billed the variable hour cost for each service hour that Union City Transit’s operations and maintenance contractor (MV Transportation, Inc./MV Transit) bills Union City Transit for the hours of service; the current hourly cost for fiscal year 2023-24 (FY23-24) is $64.28, which equates to $771.36 per day for twelve (12) hours of service. For the NHUSD’s required 180 days of an instruction per year it is estimated to cost NHUSD $138,845 (rounded up to the nearest whole dollar) reimbursable to Union City City Council/RSA Agenda 255 Tuesday, August 8, 2023
Transit.

Union City Transit and NHUSD will monitor ridership for effective and efficient use of resources. Ridership throughout the semester will determine how the service evolves in the following semester and may include reducing the number of buses provided. If ridership does not materialize, Union City Transit and NHUSD will adjust after sixty (60) days.

While the NHUSD academic year begins on Wednesday, August 9, 2023, this seasonal service will take effect on Monday, September 11, 2023, as part of the service changes approved at the July 25, 2023, City Council meeting, Resolution No. 6176-23.

Costs would be adjusted annually by May 1 of each year with the new Union City Transit cost per hour of service to ensure that service is available for the following academic year. The proposed base agreement is for five (5)-years with four (4) five (5)-year options to extend. The agreement may be terminated in sixty (60) days by either party.

FISCAL IMPACT
The seasonal service will not cost Union City Transit any additional funding since it will be reimbursed into the Transit Fund (5110) by the NHUSD. There will be no impact on the City’s General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to execute a five (5)-year agreement, in a form approved by the City Attorney, plus optional extensions with the NHUSD for the provision of seasonal Union City Transit service to be reimbursed in an amount not to exceed $138,845 in the first year, with future annual costs and reimbursed to the City’s Transit Fund (Fund 5110) by the NHUSD.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1: Seasonal Service Route Attachment
Resolution Resolution
Exhibit A: Union City Agreement with New Haven Unified School District
Exhibit
City Council/RSA Agenda 256 Tuesday, August 8, 2023
City Council/RSA Agenda 257 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE (5)-YEAR

AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, PLUS OPTIONAL

EXTENSIONS WITH THE NEW HAVEN UNIFIED SCHOOL DISTRICT FOR THE

PROVISION OF SEASONAL UNION CITY TRANSIT SERVICE TO BE REIMBURSED IN AN AMOUNT NOT TO EXCEED $138,845 IN THE FIRST YEAR, WITH FUTURE ANNUAL COSTS TO BE DETERMINED BASED ON UNION CITY TRANSIT’S CONTRACT OPERATIONAL COSTS, AND REIMBURSED TO THE CITY’S TRANSIT FUND (FUND 5110) BY THE NEW HAVEN UNIFIED SCHOOL DISTRICT
WHEREAS, the State of California allocated funds to reimburse school districts up to sixty percent (60%) of their prior year transportation costs, pursuant to Assembly Bill 181 (Chapter 52, Statutes of 2022) and Assembly Bill 185 (Chapter 571, Statutes of 2022); and WHEREAS, as a condition of receiving the funds, New Haven Unified School District (NHUSD) was required to complete a Transportation Plan pursuant to Education Codes 39800.1 and 41850.1 that indicated NHUSD shall be in consultation with its partners and stakeholders, allow for public input, and have its Governing Board adopt the Transportation Plan by April 1, 2023; and
WHEREAS, NHUSD’s approved Transportation Plan has the ultimate goal to restore school bus service, NHUSD recognized the limitations and need to partner with existing public transit agencies, Union City Transit and Alameda-Contra Costa Transit District (AC Transit), in the interim; and
WHEREAS, NHUSD approached Union City requesting assistance meeting their student transportation requirement; and
WHEREAS, NHUSD has identified a potential demand to transport up to 350 students to and from school that would require using up to six (6) Union City Transit buses to provide service; and
WHEREAS, Union City Transit has calculated that it will take twelve (12) hours of service to transport the 350 students on six (6) buses; and
WHEREAS, NHUSD will be billed the variable hour cost for each service hour that Union City Transit’s operations and maintenance contractor (MV Transportation, Inc./MV Transit) bills Union City Transit for the hours of service; the current hourly cost for fiscal year 2023-24 (FY23- 24) is $64.28 which translates to $771.36 per day for twelve (12) hours of service; and WHEREAS, for the NHUSD’s required 180 days of an instruction per year the estimated cost to NHUSD is $138,845 (rounded up to the nearest whole dollar), reimbursable to Union City Transit; and
City Council/RSA Agenda 258 Tuesday, August 8, 2023
Resolution No. XXXX-23

WHEREAS, Union City Transit and NHUSD will monitor ridership for effective and efficient use of resources; and
WHEREAS, the NHUSD academic year begins on Wednesday, August 9, 2023, this seasonal service will take effect on Monday, September 11, 2023, as part of the service changes approved at the July 25, 2023, City Council meeting, Resolution No. 6176-23; and WHEREAS, the cost for the transportation service would adjust annually by May 1 of each year with the new Union City Transit cost per hour of service to ensure that service is available for the following academic year.

WHEREAS, the base agreement is for five (5)-years with four (4) five (5)-year options (see Exhibit A); and
WHEREAS, the seasonal service will not cost Union City Transit any additional funding since it will be reimbursed into the Transit Fund (5110) by the NHUSD; and WHEREAS, there will be no impact on the City’s General Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and authorizes the City Manager to execute a five (5)-year agreement, in a form approved by the City Attorney, plus optional extensions with the NHUSD for the provision of seasonal Union City Transit service to be reimbursed in an amount not to exceed $138,845 in the first year, with future annual costs and reimbursed to the City’s Transit Fund (Fund 5110) by the NHUSD.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of August 2023, by the following vote:

City Council/RSA Agenda 259 Tuesday, August 8, 2023
{SR835071} Page 1 of 6

AGREEMENT BETWEEN THE

CITY OF UNION CITY AND THE NEW HAVEN UNIFIED SCHOOL DISTRICT

FOR TRANSIT-RELATED SERVICES
This Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF UNION CITY, a municipal corporation (hereinafter "Union City"), and the NEW HAVEN UNIFIED SCHOOL DISTRICT, a California public school district (hereinafter “NHUSD”).

RECITALS
A. Union City and NHUSD are each a local public agency serving their community.

B. The general purpose of this Agreement is for Union City to provide NHUSD with transit-related services as further delineated herein, in return for NHUSD’s payment to Union City, based on the terms more particularly described in this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND

CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF SERVICES. Union City hereby agrees to perform certain public transit and related services for the benefit of NHUSD and its students. The public transit services shall consist of Union City providing up to six (6) buses during the regular school year, consisting of 180 days, typically from August to May of the following year, to serve the neighborhood(s) shown on Exhibit A hereto, which buses may be used by NHUSD students as well as the general public (“Services”). The specific number of buses provided shall be directed by NHUSD, but shall not exceed six (6). Such Services shall be performed in accordance with the terms and conditions contained in this Agreement and the task orders.

2. BILLING AND PAYMENT. In exchange for Union City providing the Services to NHUSD’s reasonable satisfaction, NHUSD shall reimburse Union City based on the number of buses, as determined pursuant to Section 1 of this Agreement. For the 2023/24 school year, the amount is estimated at $138,845. NHUSD shall make payments to Union City for Services performed in accordance with this Agreement within thirty (30) days after receipt of invoice from Union City. If NHUSD disputes any portion of the request for payment from Union City, NHUSD shall provide written notice of the dispute to Union City within thirty (30) days after receipt of invoice from Union City.

3. AUTHORIZED REPRESENTATIVES.
3(A). Union City’s Authorized Representative. All Services performed by City Council/RSA Agenda 260 Tuesday, August 8, 2023
{SR835071} Page 2 of 6
Union City under this Agreement shall be performed by, or under the supervision of, Union City’s Authorized Representative, the Transit Manager, unless otherwise designated in writing by Union City’s Authorized Representative.
3(B). NHUSD’ Authorized Representative. For the performance of this Agreement, Union City shall take direction from NHUSD’s Authorized Representative, the Assistant Superintendent of Business Services, unless otherwise designated in writing by NHUSD’s Authorized Representative.

4. INFORMATION AND DOCUMENTATION.
4(A). Accounting Records. Union City and NHUSD shall maintain all accounting records related to this Agreement in accordance with generally accepted accounting principles and state law requirements, and in no event for less than four (4) years. The accounting records to be maintained in accordance with this Agreement shall include, at a minimum, documents which support Union City’s costs and expenses related to this Agreement, including documentation of requests for services, services performed, invoices, and payments. Each party’s accounting records shall be made available to the other party within a reasonable time after request, during normal business hours. 4(B). Ownership of Work Product. All original documents prepared by Union City (including its employees and agents) for this Agreement (“work product”), whether complete or in progress, are the property of Union City.

5. RELATIONSHIP BETWEEN THE PARTIES. Union City and NHUSD are each an independent public agency, and this Agreement does not create a separate legal entity. Each party shall, at all times, remain an independent public agency solely responsible for all acts of its employees or agents, including any negligent acts or omissions.
5(A). Union City (including its employees and agents) is not NHUSD’s agent, and shall have no authority to act on behalf of NHUSD, or to bind NHUSD to any obligation whatsoever, unless NHUSD provides prior written authorization to Union City. Union City’s employees are not officers or employees of NHUSD, and Union City shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement.
5(B). NHUSD (including its employees and agents) is not Union City’s agent, and shall have no authority to act on behalf of Union City, or to bind Union City to any obligation whatsoever, unless Union City provides prior written authorization to NHUSD. NHUSD’s employees are not officers or employees of Union City, and NHUSD shall not be entitled to any benefit, right, or compensation other than that provided in this Agreement.

6. COMPLIANCE WITH LAW. Each party shall comply with all applicable legal City Council/RSA Agenda 261 Tuesday, August 8, 2023
{SR835071} Page 3 of 6
requirements including all federal, state, and local laws (including ordinances and resolutions), including laws related to the confidentiality of medical information, whether or not said laws are expressly stated in this Agreement.

7. INSURANCE AND BONDS.
7(A). Each party shall, throughout the duration of this Agreement, maintain insurance (including, for the purpose of this section, coverage under a selfinsurance pool) to cover each of their respective interests related to work performed under this Agreement (including coverage for their employees and agents). Concurrently with the execution of this Agreement, and prior to the commencement of any services, each party shall provide the other with written proof of insurance (certificates and endorsements), in a form acceptable to the other party. Each party shall provide substitute written proof of insurance no later than thirty (30) days prior to the expiration date of any insurance coverage required by this Agreement.
7(B). The parties hereby agree that, to the extent that a public officer has charge of any property, the public officer for each party shall be that parties’ Authorized Representative. However, the parties further agree that, due to the nature of the services provided by Union City to NHUSD pursuant to this Agreement, the amount of any official bond, as otherwise required by Government Code section 6505.1, shall be $0.

8. INDEMNIFICATION. Each party shall indemnify, defend and hold harmless the other party against and from any and all claims or suits for damages or injury to the extent caused by any negligent act or omission or willful misconduct of the indemnifying party in the performance of this Agreement and shall further indemnify, defend and hold harmless the other party against and from any and all claims or suits caused by any breach or default of any obligation of the indemnifying party hereunder, and against and from all costs, attorney’s fees, expenses and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification.

9. TERM.

The term of this Agreement is for five (5) years with the option to extend by mutual agreement, and shall commence on the date last signed by the parties, below, and shall continue until terminated. This Agreement may be terminated by either party without cause upon sixty (60) days written notice to the other party. If NHUSD exercises its right to terminate this Agreement in accordance with this paragraph, NHUSD shall pay Union City for all Services performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to any implementing task orders.

10. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable City Council/RSA Agenda 262 Tuesday, August 8, 2023
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specification) to the defaulting party, and demand the default to be cured within ten (10) working days of the notice. If: (a) the defaulting party fails to cure the default within ten (10) working days of the notice, or, (b) if more than ten (10) working days are reasonably required to cure the default and the defaulting party fails to give within ten (10) working days from receiving the notice, written assurance of due performance, which shall include a fair estimate and justification of the number of days required to cure the default, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party.

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

Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, or (b) actual receipt at the address designated below, or (c) seven (7) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: Union City To: NHUSD
Attn: Steve Adams Attn: Annette Heldman
Transit Manager Assistant Superintendent
Transit Division Business Services Division
34009 Alvarado-Niles Road 34200 Alvarado-Niles Road
Union City, CA 94587 Union City, CA 94587

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

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

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

15. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

16. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, City Council/RSA Agenda 263 Tuesday, August 8, 2023
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shall not be assigned or transferred, nor shall any of either party’s duties be delegated, without the written consent of the other party. Any attempt to assign or delegate this Agreement without the written consent of the other party shall be void and of no force or effect. A consent to one (1) assignment shall not be deemed to be a consent to any subsequent assignment.

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

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

19. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the services described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. In the event of any conflict between this Agreement and any exhibit or implementing service agreement, the terms of this Agreement shall control.

20. EACH PARTY’S ROLE IN DRAFTING THE AGREEMENT. Each party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither party shall rely upon Civil Code section 1654 in order to interpret any uncertainty in the meaning of the Agreement.

21. NO THIRD PARTY BENEFICIARIES. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

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

IN WITNESS WHEREOF, Union City and NHUSD do hereby agree to the full performance of the terms set forth herein.

CITY OF UNION CITY NEW HAVEN UNIFIED SCHOOL DISTRICT
Signature:______________________ ___ Signature:

By: Joan Malloy By: Annette Heldman
Title: City Manager Title: Assistant Superintendent, Business City Council/RSA Agenda 264 Tuesday, August 8, 2023
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Date: Date:

APPROVED AS TO FORM:

Signature: __________________________
By: Kristopher Kokotaylo
Title: City Attorney
City Council/RSA Agenda 265 Tuesday, August 8, 2023
Agenda Item
DATE: 8/8/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: RESOLUTION APPROVING THE MAYOR’S APPOINTMENT OF TWO

COUNCILMEMBERS TO AN AD HOC SUBCOMMITTEE TO EVALUATE

AND PROVIDE RECOMMENDATIONS ON THE PLACEMENT OF
POTENTIAL REVENUE MEASURES ON A2024 ELECTION BALLOT
Staff recommends that the City Council adopt a resolution approving the Mayor’s appointment of two Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential revenue measures on a 2024 election ballot.

STRATEGIC PLAN ALIGNMENT
GoalA. Financial Stability and Sustainability
Draft Strategy (2023): Pursue the placement of a voter-approved revenue measure on a ballot to address the funding gap between revenues and expenditures for fundamental public safety and other city services.

BACKGROUND
At the June 13, 2023 study session and public hearing for the FY 2023-24 and FY 2024-25 Biennial Budget and Five-Year Capital Improvement Plan, and review of the long-range financial forecast, several City Councilmembers expressed an interest in exploring possible voter-approved revenue measures to address anticipated future gaps in funding City services, in particular public safety services. While the City currently maintains a health General Fund reserve, the rising costs of supplies, equipment, contracts, and employee salaries and retirement obligations, are projected to drain the General Fund by 2028 to the minimum reserve fund balance of twenty percent of its annual operating expenditures, which is equivalent to approximately ten weeks of operations. The City Council has prudently adopted Financial Principles to maintain a minimum of twenty percent General Fund reserve. In additions, the City Council has adopted fiscal stability and sustainability as its primary goal in the Strategic Plan.

City Council/RSA Agenda 266 Tuesday, August 8, 2023
On July 11, 2023, the City Counciladopted Resolution No. 6164-23 to engage TeamCivX to assist the City in conducting a community survey and provide additional consultation services to assist the City in considering a ballot measure in 2024. To support this evaluation process for a revenue measure, staff recommends the creation of a City Council Ad Hoc Subcommittee. Based on the survey results and the recommendations of the Ad Hoc Subcommittee, the Council would consider proceeding with a community education and outreach program and placing a revenue measure or measures on the 2024 election ballots for voter consideration.

DISCUSSION
Members of the Ad Hoc Subcommittee will work with TeamCivX consultant team and staff to explore possible revenue measures. The Subcommittee would also assist in reviewing the proposed community survey that would help the City Council understand voter attitudes toward revenue measures and help the City Council determine the timing for placement on the ballot. There are two opportunities for possible placement on the ballot: the primary election on March 5, 2024 and the generalelection on November 5, 2024.

FISCAL IMPACT
There is no impact to the General Fund to form an Ad Hoc Subcommittee.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the Mayor’s appointment of two Councilmembers to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential revenue measures on a 2024 election ballot.

Prepared by:

Joan Malloy, City Manager
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution -Ad Hoc Subcommittee Resolution
City Council/RSA Agenda 267 Tuesday, August 8, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING THE MAYOR’S APPOINTMENT OF TWO COUNCILMEMBERS TO

AN AD HOC SUBCOMMITTEE TO EVALUATE AND PROVIDE

RECOMMENDATIONS ON THE PLACEMENT OF POTENTIAL REVENUE

MEASURES
ON A 2024 ELECTION BALLOT
WHEREAS, the City Council adopted a five-year strategic plan in September 2019 and updated in 2021 and 2023 that established as Goal A, Financial Stability and Sustainability, and included a policy to “foster fiscal health through long-term planning, cost control, heightened efficiency, increased revenue and cost recovery;” and
WHEREAS, Goal A, Strategy 1 states “Develop a comprehensive fiscal sustainability model to address the General Fund’s long-term structural deficit;” and WHEREAS, a revised Strategic Plan Strategy was identified at the 2023 Strategic Plan Workshop to “Pursue the placement of a voter-approved revenue measure on a ballot to address the funding gap between revenues and expenditures for fundamental public safety and other city services;” and
WHEREAS, Union City has relied upon voter approved measures to provide fundamental services in the community, including, but not limited to, public safety, street and park maintenance, senior services, and youth violence prevention programs; and WHEREAS, rising costs of supplies, equipment, contracts, and employee salaries and retirement obligations, are projected to drain the General Fund by 2028 to the minimum reserve fund balance of twenty percent of its annual operating expenditures; and WHEREAS, the City Council has prudently adopted Financial Principles to maintain a minimum of twenty percent General Fund reserve; and
WHEREAS, the loss of General Fund revenues threatens funding that support ongoing public safety and other services for the community; and WHEREAS, maintaining public safety and community services is a priority of the City Council; and
WHEREAS, the City Council desires to establish an Ad Hoc Subcommittee to evaluate, analyze, and recommend to the City Council possible voter-approved revenue measures to be placed on a future ballot to protect fund City services.

City Council/RSA Agenda 268 Tuesday, August 8, 2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Mayor’s appointment of _________ and ________ to an Ad Hoc Subcommittee to evaluate and provide recommendations on the placement of potential tax measures on the ballot in 2024.

City Council/RSA Agenda 269 Tuesday, August 8, 2023